B 418591

25251
PRIVATE LIBRARY
-OF-
DOCTORS BACKUS.
No.
5252525252525252525
5252525252525
1837
ARTES
LIBRARY
VERITAS
SCIENTIA
OF THE
UNIVERSITY OF MICHIGAN
RIBUS
TCEBOR
SI-QUÆRIS-PENINSULAM-AMŒNA?
CIRCUMSTICE
XHIUHI
THE GIFT OF
Dr Frederick 9. hovy
02 an
350.979
1899
•
.
1
!!
:
·

THE ANNOTATED
REVISED STATUTES

. OF...
THE STATE OF OHIO L, statist
Lau
etc..
INCLUDING ALL LAWS OF A GENERAL NATURE IN FORCE
JANUARY 1, 1900.
BY
CLEMENT BATES
of the CINCINNATI BAR
EDITOR OF " BATES NEW OHIO DIGEST," AND AUTHOR OF "BATES ON PARTNERSHIP."
SECOND EDITION.
IN THREE VOLUMES-VOL. I.
CINCINNATI:
W. H. ANDERSON & CO.
1897.
1
}
Dr. Frederick G. Novy
12 129-1922
COPYRIGHT, 1898.
BY
W. H. ANDERSON & CO.
350.979
02an
7
"
PREFACE TO FIRST EDITION.
The Smith & Benedict's admirable edition of the Revised
Statutes of Ohio is the foundation of this edition.
In the Codification of the Statutes of 1880 a logical classi-
fication was adopted sufficiently comprehensive to contain all
enactments, and consisting of four parts, viz.:
PART I-POLITICAL.
PART II-CIVIL.
PART III-REMEDIAL.
PART IV-Penal.
Many acts, however, were omitted from these parts, but were
subsequently appended in alphabetical order as a Part V, virtually
an overlapping part, which thereby became an omnium gatherum
for all new acts other than those amending or supplementing a
codified section. This edition has abolished Part V by distribut-
ing the matter which it contained where it properly belongs in
the other four parts, avoiding disarrangement of the codified sec-
tion numbers by a resort to bracketed subsection dash numbers
for the interpolated acts.
Special mention must be made of the very large contribution
in the work of preparing this edition by Mr. Joseph L. Meyer, of
the Cincinnati bar, the recipient of the first prize for examination
in the Cincinnati Law School. The completion of the index of
local laws and the arrangement of the longer notes under heads are
wholly his work, in addition to which the rest of the book has
had the benefit of his constant and valuable assistance.
C. B.
413727
PREFACE TO SECOND EDITION.
Encouraged by the great success attained by the first
edition of Bates' Statutes, the publishers feel called upon to
publish a second edition, bringing the annotations and laws up
to date. There has been no change in the plan and arrange-
ment of the first edition, but new ideas have been incorporated
wherever practicable, one of which has been the paralleling of the
Weekly Law Bulletin, Circuit Court and Nisi Prius Reports with
the Ohio Decisions, which will be found cited as O. D.
The undersigned wishes to convey, through this medium,
his thanks for the valuable aid given him by Judge Clement
Bates, the editor of the first edition.
CINCINNATI. Sept. 1, 1898.
JOS. L. MEYER.
1.
1
:
TABLE OF TITLES AND CHAPTERS
CONTAINED IN
BATES' ANNOTATED REVISED STATUTES OF OHIO.
REVISED TO JANUARY 1, 1900.
GENERAL DIVISIONS.
PART FIRST,
PART SECOND,
PART THIRD,
PART FOURTH, .
PART FIRST.
POLITICAL.
TITLE I. Preliminary.
DIVISION I:
DEFINITIONS AND GENERAL PROVISIONS…...
POLITICAL.
CIVIL.
REMEDIAL.
PENAL.
SECTIONS
1-23
DIVISION II:
CHAPTER 1. THE STATE AND HER SUBDIVISIONS..
CHAPTER 2. COUNTIES....
.(23-1) to (23-7)
..(23-8) to (23-187)
TITLE II. Legislative.
CHAPTER 1. ORGANIZATION OF THE GENERAL ASSEMBLY....... 24- 46
CHAPTER 2. TESTIMONY IN IMPEACHMENTS.
CHAPTER 3. POWERS OF COMMITTEES...
47- 49
50- 55
CHAPTER 4.
JOURNALS, AND THE PRINTING AND DISTRIBUTION
OF LAWS AND DOCUMENTS..
(55-1) to (76-4)
CHAPTER 5. OPERATION OF STATUTES..
77- 79
TITLE III. Executive.
CHAPTER 1. GOVERNOR...
CHAPTER 2.
SECRETARY OF STATE
80- 126
127- 150
151- 181a
CHAPTER 3. AUDITOR OF STATE..
CHAPTER 3a. OFFICERS HANDLING PUBLIC REVENUE..... (181-1) to (181-7)
(XXIII)
XXIV
TABLE OF TITLES AND CHAPTERS.
CHAPTER 4. TREASURER OF STATE……..
CHAPTER 5.
ATTORNEY-GENERAL.…………………..
SECTIONS
.182- to (200-1)
201-218
CHAPTER 5a. BOARD OF PUBLIC WORKS INCL. CANALS...(218-1) to (218-304)
CHAPTER 6. COMMISSIONERS OF THE SINKING FUND...219 to (244-9)
CHAPTER 7. COMMISSIONER OF RAILROADS AND TELEGRAPHS..... 245– 265
CHAPTER 8. SUPERINTENDENT OF INSURANCE..
CHAPTER 9. INSPECTOR OF MINES…………
266- 289
290 to (306–5)
CHAPTER 10.
CHAPTER 11.
CHAPTER 12.
COMMISSIONER OF STATISTICS OF LABOR..
SUPERVISOR OF PUBLIC PRINTING..
STATE LIARARY COMMISSIONERS..
307-310
311-341a
CHAPTER 13. STATE COMMISSIONER OF COMMON SCHOOLS..
INSPECTOR OF LEAF TOBACCO. [Repealed.]
CHAPTER 14.
CHAPTER 15.
STATE INSPECTOR OF OILS....
CHAPTER 16.
COMMISSIONERS OF FISHERIES..
CHAPTER 17.
342- 353
354-366
394- 404
405- 409
AGRICULTURAL EXPERIMENT STATION……………….(409–1) to (409–6)
CHAPTER 18. FOOD AND DAIRY COMMISSIONER..
CHAPTER 19.
FORESTRY BUREAU....
CHAPTER 20.
CHAPTER 21.
CHAPTER 22.
CHAPTER 23.
GEOLOGICAL SURVEY...
HEALTH, STATE BOARD OF..
WEATHER AND CROP SERVICE..
PARDONS, STATE BOARD of………..
TITLE IV. Judicial.
CHAPTER 1. SUPREME COURT......
CHAPTER 2. CIRCUIT COURT....
Court..
CHAPTER 3. COMMON PLEAS COURT………….
CHAPTER 3a. JUDGES AND JUDICIAL DISTRICTS...
CHAPTER 4. SUPERIOR COURT OF CINCINNATI....
CHAPTER 5. OTHER SUPERIOR COURTS. [Repealed.]
CHAPTER 6. PROBATE COURT.....
CHAPTER 6a. COURTS OF INSOLVENCY...
...
·(409–7) to (409–14)
(409-15) to (409-19)
(409-20) to (409–23)
(409-24) to (409-34)
(409–35) to (409–41)
(409-42) to (409-49)
410 to (443-4)
444- 455
456- 481
(481-1) to (481-104)
482-503
.... 523- 548
(548–1) to (548–32)
CHAPTER 7. PROVISIONS APPLICABLE TO TWO OR MORE COURTS
CHAPTER &
ATTORNEYS AT LAW....
CHAPTER 9. JUSTICES OF THE PEACE....
549 to (557-7)
558-565
...566 to (622–1)
TITLE V. Benevolent Institutions.
CHAPTER 1. GENERAL PROVISIONS.
.623 to (633-18)
CHAPTER 2. TRUSTEES.
634- 646
CHAPTER 3.
OFFICERS.
CHAPTER 4.
BOARD OF STATE CHARITIES...
CHAPTER 5.
INSTITUTION FOR THE DEAF AND DUMB.......
CHAPTER 6. INSTITUTION FOR THE BLIND.....
CHAPTER 7. INSTITUTION FOR FEEBLE MINDED YOUTH.
CHAPTER 7a. SOLDIERS' AND SAILORS' HOME...
...
647-654
655- 658
659-664
665-674i
.... 671- 674
..(674-1) to (674-15)
CHAPTER 8. OHIO SOLDIERS' AND SAILORS' ORPHANS' HOME...675 to (697-5)
TABLE OF TITLES AND CHAPTERS.
CHAPTER 9. ASYLUMS FOR THE INSANE….
CHAPTER 10. LONGVIEW ASYLUM..
CHAPTER 10a. ОнIO HOSPITAL FOR EPILEPTICS....
CHAPTER 11. BOYS' INDUSTRIAL SCHOOL……………….
CHAPTER 12. GIRLS' INDUSTRIAL HOME....
CHAPTER 12a. HOME OF THE FRIENDLESS.
XXV
SECTIONS
.698 to (721-6)
722-751
..(751-1) to (751-9)
752-764b
765-781
.(781-1) to (781–30)
TITLE VI. Public Buildings.
CHAPTER 1. PUBLIC BUILDINGS...
TITLE VII. Counties.
BOUNDARIES OF COUNTIES..
....782 to (803-2)
or CountTY
PETITIONS FOR NEW COUNTIES OR COUNTY SEATS.
CHAPTER 1.
CHAPTER 2.
CHAPTER 3.
NEW COUNTIES....
CHAPTER 4.
SEATS OF JUSTICE OF NEW COUNTIES.
SECTIONS
804- 810
811- 815
816-829
830-838
TITLE VIII. County Officers.
CHAPTER 1.
COUNTY COMMISSIONERS..
CHAPTER 2.
INFIRMARY DIRECTORS……….
.839 to (956-7)
957-993
CHAPTER 3. BOARD OF CONTROL AND SOLICITOR..
CHAPTER 4. COUNTY AUDITOR.……
CHAPTER 5. COUNTY Treasurer and COUNTY DEPOSITARIES,
994-1012
1013-1078
1079 to (1136-84)
CHAPTER 6.
COUNTY REcorder.
1137-1162
CHAPTER 7.
COUNTY SURVEYOR.
1163-1201
CHAPTER 8.
SHERIFF And Coroner.
1202-1239
•
CHAPTER 9.
CHAPTER 10.
CLERK OF THE Court of COMMON PLEAS..
PROSECUTING ATTORNEY..
1240-1266
1267-1282c
TITLE IX. Compensation of Public Officers.
CHAPTER 1.
CHAPTER 2.
CHAPTER 3.
SALARIES OF STATE OFFICERS..
SALARIES OF COUNTY OFFICERS.
FEES AND COSTS..
TITLE X. Townships.
ORIGINAL SURVEYED TOWNSHIPS..
CHAPTER 1.
CHAPTER 3.
CHAPTER 2. CIVIL TOWNSHIPS....
ELECTION PRECINCTS.
... 1283-1296
1297-1298
1299 to (1365-35)
1366-1375
1376-1387
•
1388-1402
TITLE XI. Township Officers.
CHAPTER 1. OFFICERS OF ORIGINAL TOWNSHIPS.
CHAPTER 2. OFFICERS OF CIVIL TOWNSHIPS..
1403-1440
1441-1535
XXVI
TABLE OF TITLES AND CHAPTERS
TITLE XII. Municipal Corporations.
FIRST DIVISION: GENERAL PROVISIONS.
CHAPTER 1. GENERAL PROVISIONS; SAVING EXISTING RIGHTS;
VISITATION, ETC.....
SECTIONS
1536-1545
CHAPTER 2. SPECIAL GOVERNMENTAL ACTS.........(1545-1) to (1545-324)
CHAPTER 5.
SECOND DIVISION:
CHAPTER 1.
CHAPTER 2.
CHAPTER 3.
CLASSIFICATION; GENERAL POWERS..
VILLAGES AND HAMLETS; How CREATED..
HAMLETS: MANNER OF ADVANCING TO BE VIL-
LAGES..
CHAPTER 4. CITIES OF THE SECOND CLASS, HOW ADVANCED
TO FIRST CLASS; VILLAGES, HOW ADVANCED
SECTIONS
1546-1552
1553-1571a
1572-1581
TO CITIES OF THE SECOND CLASS...... 1582 to (1588a-1)
ANNEXATION: 1. OF TERRITORY ON APPLICATION
OF ITS CITIZENS; 2. OF TERRITORY ON APPLI-
CATION OF A CORPORATION; 3. OF ONE MU-
NICIPAL CORPORATION TO ANOTHER; 4, DE-
TACHMENT OF TERRITORY...
ORGANIZATION.
1589-1816
CHAPTER 6.
6.
DUTIES OF STATE OFFICERS AS TO ADVANCEMENT
OR REDUCTION IN CLASS OR GRADE ………….
CHAPTER 7. MERGER OF TOWNSHIP IN CORPORATION..
CHAPTER 8. WARDS, HOW ESTABLISHED; CHANGE OF BOUND-
1617-1622
1623-1627d
ARIES....
1628-1632a
CHAPTER 9. SURRENDER OF MUNICIPAL POWERS; REDUCTION
IN CLASS, ETC ....
1633-1647
THIRD DIVISION: LEGISLATIVE DEPARTMENT.
CHAPTER 1. TRUSTEES OF HAMLETS; THEIR POWERS.
1648-1654
•
COUNCIL AND BOARDS OF ALDERMEN
1655-1691
CHAPTER 2.
CHAPTER 3. CITIES & VILLAGES; ENUMERATION OF POWERS.. 1692-1692ƒ(2)
CHAPTER 4. ORDINANCES, RESOLUTIONS, BY-LAWS: How
ADOPTED...
1693 to (1699-3)
FOURTH DIVISION: EXECUTIVE OFFICERS.
CHAPTER 1. OFFICERS OF HAMLETS…………….
CHAPTER 2.
2. OFFICERS OF CITIES AND VILLAGES.
1700-1705
1706-1722
CHAPTER 3.
CHAPTER 4.
ELECTION AND REMOVAL OF OFFICERS…………..1723 to (1736–1)
QUALIFICATION, OATH AND Bond.
1737-1743
CHAPTER 1. POLICE COURT...
CHAPTER 5. POWERS AND DUTIES...
FIFTH DIVISION: POLICE DEPARTMENT.
CHAPTER 2. POLICE POWERS OF MAYOR, POLICE JUSTICE,
PRESIDENT OF THE BOARD OF TRUSTEES OF A
HAMLET, AND A JUSTICE OF THE PEACE IN A
HAMLET
•
........1744 to (1784-81)
..1785 to (1815-8)
1816-1846
CONTAINED IN THE REVISED STATUTES OF OHIO. XXVII
CHAPTER 3. MARSHAL AND CHIEF OF POLICE....
CHAPTER 4.
CHAPTER 5.
CHAPTER 6.
CHAPTER 7.
LIMITATION ON FINE AND IMPRISONMENT; CIVIL
ACTION FOR FINE; LIMITATION IN TIME OF
PROSECUTION
POLICE BOARDS AND OFFICERS.
...
SECTIONS
1847-1860
1861-1869
1870 to (2030-23)
REFORMATORY INSTITUTIONS AND PRISONS...2031 to (2107-17)
VAGRANTS AND DISSOLUTE PERSONS..
CHAPTER 8. CITY FARM SCHOOL......
2108-2112
(2112-1) to (2112–19)
SIXTH DIVISION: HEALTH DEPARTMENT.
CHAPTER 1. BOARD OF HEALTH...
CHAPTER 2.
NUISANCES..
CHAPTER 3.
HOSPITALS.
CHAPTER 4.
INFIRMARIES.
CHAPTER 5. CHILDREN'S HOMES..
SECTIONS
.2113 to (2148-9)
2149-2152
...2153 to (2167-6)
2168 to (2180-4)
2181-2185
SEVENTH DIVISION: IMPROVEMENTS.
2186-2204
.2205 to (2231-1)
CHAPTER 1. BOARD OF IMPROVEMENTS.
CHAPTER 2. BOARD OF ADMINISTRATION.
CHAPTER 3. APPROPRIATION BY CITIES AND VILLAGES OF PRI-
VATE PROPERTY TO PUBLIC Use………………….
CHAPTER 4. ASSESSMENTS: IMPROVEMENTS, ETC........ 2262 to (2406-150)
2232-2261
EIGHTH DIVISION: PROPERTY OF THE CORPORATION, DEDI-
CATION, RIGHTS OF THE PUBLIC AND PROPERTY OWNERS, and
AGENCIES OF CONVENIENCE AND NECESSITY.
CHAPTER 1.
WATER-WORKS
FIRE DEPARTMENT
LIGHTING CORPORATION....
RAILWAYS IN CORPORATE LIMITS.
..2407 to (2435-60)
.2436 to (2477-94)
2478-2491f
CHAPTER 2.
CHAPTER 3.
GAS COMPANIES.
CHAPTER 4.
CHAPTER 5.
2492-2499
2500-2505ƒ
CHAPTER 6.
PARKS AND PUBLIC GROUNDS
.2506 to (2515–52)
CHAPTER 7.
CEMETERIES
2516-2558a
CHAPTER 8.
PUBLIC HALLS, AND OTHER PLACES FOR PUBLIC
ASSEMBLAGES.
2559-2575
CHAPTER 8a. BUILDING LAWS..
(2575-1) to (2575-139)
2576 to (2581-8)
CHAPTER 9.
MARKETS...
CHAPTER 10.
INSPECTORS..
CHAPTER 11.
PLATS...
CHAPTER 12.
PLATTING COMMISSION..
CHAPTER 13.
STREETS……..
.2582 to (2596–9)
2297-2625
..2626-2639
... 2640 to (2664–14)
CHAPTER 14. WHARVES, DOCKS AND WATER COURSES......2665 to (2668-8)
CHAPTER 15. LICENSES, AND HEREIN OF SHOWS, AUCTIONEERS,
PAWNBROKERS, FERRIES, ETC.2669 to (2672-117)
.
XXVIII
TABLE OF TITLES AND CHAPTERS
CHAPTER 16. LEASE OR SALE OF CORPORATE PROPERTY..2673 to (2675-9)
CHAPTER 17. INJURIES RESULTING FROM EXCAVATIONS-DAM-
AGES....
CHAPTER 18. LAW LIBRARIES..
2676-2677
2678-2680d
NINTH DIVISION: FINANCE AND TAXATION.
SECTIONS
CHAPTER 1.
FINANCE AND TAXATION
.2681 to (2699-5)
CHAPTER 2.
THE POWER TO BORROW MONEY AND ISSUE
BONDS....
2700 to (2711-20)
CHAPTER 3. SINKING Fund....
2712 to (2729-11)
TITLE XIII. Taxation.
SECTIONS
CHAPTER 1.
Definitions, aND PROPERTY TO BE TAXED.... 2730-2733
CHAPTER 2.
LISTING PERSONAL PROPERTY.
CHAPTER 3.
ASSESSING REAL ESTATE
CHAPTER 4.
BOARDS OF EQUALIZATION
CHAPTER 5.
LEVYING TAXES....
CHAPTER 6.
CHAPTER 7.
CHAPTER 8.
COLLECTION OF TAXES
DELINQUENT LANDS....
FORFEITED LANDS.
..
TITLE XIV. Elections.
2734-2785
2786-2803
2804-2819
2820-2837 a
2838-2863
2864-2898
2899-2915
CHAPTER 1.
PRIMARY ELECTIONS.
CHAPTER 2.
CONDUCT OF ELECTIONS.
CHAPTER 3.
PRESIDENTIAL ELECTIONS..
2916 to (2921-36)
..2922 to (2966–67)
.2967-2976
CHAPTER 4.
CHAPTER 5.
STATE, COUNTY, AND TOWNSHIP ELECTIONS2977 to (2996–2)
CONTESTS OF ELECTION.
.2997-3022
CHAPTER 6. CORRUPT PRACTICES ACT.....
•
(3022-1) to (3022-23)
TITLE XV. Militia and Military Affairs.
CHAPTER 1. ENROLLMENT
CHAPTER 2.
CHAPTER 3.
CHAPTER 4.
CHAPTER 5.
CHAPTER 6.
ORGANIZATION
DISCIPLINE AND GOVERNMENT
UNIFORM, ARMS, DRILL, AND PAY....
MISCELLANEOUS PROVISIONS....
MILITARY AFFAIRS..
3023-3032
3033 to (3056-21)
3057-3069
3070-3085
•
3086-3107
.(3107-1) to (3107-58)
TITLE XVI. Public Lands.
CHAPTER 1.
SECTIONS..
..(3107-59) to (3107–125).
I
REVISION
OF THE
GENERAL STATUTES OF OHIO
*AN ACT
TO REVISE AND CONSOLIDATE THE GENERAL STATUTES OF OHIO.
Be it enacted by the General Assembly of the State of Ohio:
GENERAL DIVISIONS.
PART FIRST,
PART SECOND,
PART THIRD,
PART FOURTH,
PART FIRST.
POLITICAL.
TITLE
I. PRELIMINARY.
TITLE II. LEGISLATIVE.
III. EXECUTIVE.
TITLE III.
TITLE IV. JUDICIAL.
TITLE V. BENEVOLENT INSTITUTIONS.
TITLE VI. PUBLIC BUILDINGS.
TITLE VII.
COUNTIES.
TITLE VIII. COUNTY OFFICERS.
TITLE IX.
POLITICAL.
CIVIL.
REMEDIAL.
PENAL.
COMPENSATION OF PUBLIC OFFICERS.
TITLE X. TOWNSHIPS.
TITLE XI. TOWNSHIP OFFICERS.
TITLE XII. MUNICIPAL CORPORATIONS.
TITLE XIII. TAXATION.
TITLE XIV.
ELECTIONS.
TITLE XV.
XV.
MILITIA AND MILITARY AFFAIRS.
TITLE XVI.
PUBLIC LANDS.
*For “an act establishing the name and title 'The Revised Statutes of Ohio'" (77 v. 18), see ? (55—1)
The act to revise and consolidate the general statutes of the state embodied in the Revised Statutes is
not void as being in conflict with 2 16, Art. II, of the Constitution: Oshe v. State, 37 O. S. 494.
the
2
(1)
2
+
§§ 1-3.
DEFINITIONS AND GENERAL PROVISIONS.
Tit. I.
TITLE I. Preliminary.
FIRST DIVISION. DEFINITIONS AND GENERAL PROVISIONS.
SECTION
1. Oath includes affirmation.
2. All officers, their deputies, and clerks, must take
the oath of office.
3.
Oath of office, what.
4. Seal; of what it may consist.
5. Depositaries of official bonds must record the
same.
6.
What bonds good when signed in blank.
7. What is a sufficient condition of official bonds.
8. Officers to hold till successors qualified, except.
· 9. Deputies and clerks; their terms, etc.
10. Powers of deputies.
11. Term of appointee to elective office.
12. Vacancy in appointive state office, how filled.
12a. Governor may remove appointee when found ineffi-
cient or corrupt; vacancy, how filled.
13. Incumbents of offices not affected in their terms
by this legislation.
14. Certain fees to be paid into the state treasury.
15.
Coat of arms of the state.
16.
Official seals.
without authority.
17. Debts not to be contracted by public officers
SECTION
17-1. To prevent deficiencies in institutions.
17-2. Penalty.
17-3. Emergency.
18.
A person may hold but one of certain offices.
18-1. Members of legislature ineligible to be trus-
tees of institutions.
19.
20.
An office is vacant, if the person elected or ap-
pointed thereto does not qualify.
Gifts, devises, and bequests, may be made to public
authorities.
20-1. Gifts and bequests to county for educational pur-
21.
22.
poses.
Concerning illegal loans or deposits by public
officers.
Duty of officers holding claims in favor of the
state.
22a. State officers to make monthly statement_to_auditor
of state of checks and requisitions made by them;
blanks for such statement to be furnished by the
auditor of state.
22b.
23.
Sales of bonds by certain boards.
Interpretation of certain words.
Act providing for a commission to codify the statutes, 72 v. 87; 76 v. 192.
SEC. 1. [Oath includes affirmation.] The word oath includes affirma-
tion; and, whenever an oath is required or authorized by law, an affirmation,
in lieu thereof, may be taken by any person having conscientious scruples to
taking an oath; and an affirmation has the same force and effect as an oath.
[51 v. 57, § 596; S. & C. 1130.1
Who may administer oaths: Harmon v. Stockwell, 9 O. 93; Warwick v. State, 25 O. S. 21.
If a witness believes in God, and that an oath is binding on his conscience, he is not incompetent, although
he does not believe in a future state of rewards and punishments: Brock v. Milligan, 10 O. 121. Quære: Does
the present Constitution remove all question on account of belief or non-belief, as to credibility as well
as competency?
Verification required to be under oath must, on its face, show that it is under oath: Skinner v. Brown,
17 O. S. 33.
SEC. 2. [All officers must take an oath of office.] Each person chosen
or appointed to an office under the constitution or laws of the state, and each
deputy or clerk of such officer, shall, before entering upon the discharge of his
duties, take an oath of office; but the failure to take such oath does not affect
his liability or the liability of his sureties.
All officers required to take an oath of office, whether prescribed by statute or not: State v. Kennon,
7 O. S. 546.
Attorney appointed by court to assist prosecutor need not take oath: Martin v. State, 16 O. 364; nor need
a special master: Mayer v. Wick, 15 O. S. 548.
Failure of principal to take oath no discharge of surety: State v. Findley, 10 O. 51. See Gage v. Payne,
Wright 678.
An officer, to be entitled to the salary of an office, must have qualified thereto in the manner provided
by law: State ex rel. v. Eshelby, 2 C. C. 468.
Where a municipal corporation has paid the salary of an office to a de facto officer, it will not be required
to pay the salary a second time to a de jure officer, who has been excluded therefrom pending litigation as to
the title to the office: Ib.
SEC. 3. [Oath of office of judges; oath of office of other officers.] The
oath of office of each judge of a court of record shall be, to support the consti-
tution of the United States and the constitution of this state, and to administer
justice without respect to persons, and faithfully and impartially to discharge
and perform all the duties incumbent on him as such judge, according to the
best of his ability and understanding; and the oath of office of every other
officer, deputy, or clerk, shall be, to support the constitution of the United
3
Tit. I.
DEFINITIONS AND GENERAL PROVISIONS.
$$ 4-7.
States and the constitution of this state, and faithfully to discharge the duties of
his office. [50 v. 67, § 19; S. & C. 381.]
SEC. 4. [Seal; of what it may consist.] Wherever an official or a
corporate seal is required to be affixed to any instrument of writing, an
impression of such seal upon either wax, wafer or other adhesive substance,
or upon the paper or material on which such instrument is written, shall be
alike valid and sufficient; private seals are abolished, and the affixing of what
has been known as a private seal to any instrument whatsoever, shall not
give such instrument any additional force or effect, or in any way change the
construction thereof. [1884, April 14: 81 v. 198; 80 v. 79; Rev. Stat. 1880;
29 v. 349, § 1; (S. & C. 1385).]
What appearance of a seal will be considered a seal! Heighway v. Pendleton, 15 O. 735.
The following device, "[seal]," is a "scrawl seal," and has the effect of a common law seal: Osborn v.
Kistler, 35 O. S. 99.
The undertaking for attachment provided by 193 of the Code of Civil Procedure (Rev. Stat., 5523), is
not a specialty, and the want of a seal does not affect its validity: McLain v. Simington, 37 O. S. 484.
See note to 26: Building Association v. Cummings, 45 O. S. 664.
A corporate seal to a railroad bond does not make it a sealed instrument, but is merely part of the signa-
ture: Ry. v. Lynde, 55 0. S. 23, 49.
Since the amendment of March 29, 1883 (80 v. 79), it is not necessary to the validity of a bill of exceptions
in a criminal case that it be sealed by the trial judge: Venable v. State, 1 C. C. 301.
SEC. 5. [Depositaries of official bonds must record them; a certified
copy of the record made evidence.] Every officer, on receiving an official
bond which by law is required to be filed or deposited with him, shall immedi-
ately, on receiving such bond, record the same in a book to be kept by him for
that purpose; and a certified transcript of the record of any such bond shall
be taken and held, in all courts and places, as conclusive evidence of such
record, and prima facie evidence of the execution and existence of such bond.
[41 v. 13, §1; S. & C. 192.]
SEC. 6. [What bonds good when signed in blank.] All official bonds,
and all bonds of executors, administrators, guardians and trustees, and all
bonds required or authorized to be taken by or before any court, judge, public
board or officer, judicial or ministerial, and all bonds of indemnity, and all
other bonds conditioned to become void upon the performance by the parties
thereto, or any of them, of the stipulations therein contained, shall bind and
render liable thereon all the obligors therein, both principals and sureties,
whether at the time of the signing of the same by such obligors, or any of
them, the amounts of such bonds be filled in or left in blank, if such amounts
be filled in before, or at the time of the approval or acceptance of such bond;
and such filling in may be done in the absence of any or all of the obligors, and
without any express authority for that purpose from them or any of them.
[1883, March 29: 80 v. 79; Rev. Stat. 1880; 66 v. 15; §§ 1, 2.]
When and what blanks may be filled: State v. Boring, 15 O. 507; Famulener v. Anderson, 15 O. S. 473.
Where the name of the surety to an undertaking for attachment does not appear in the body of the
instrument, the omission of such name does not affect the validity of the undertaking or the obligation of
the surety. Language of opinion in Stevens v. Allmen, 19 O. S. 485, qualified: McLain v. Simington, 37
O. S. 484.
McLain . Simington, 37 O. S. 484, approved and followed: Partridge v. Jones, 38 O. S. 375.
Where there is a greater number of signatures than seals to a bond, two or more of the signers may
adopt one seal, and be charged as obligors, although the names of all the signers do not appear in the body
of the instrument. To this rule, official bonds are not an exception: Building Association v. Cummings,
45 O. S. 661.
Whether it was the intention of the party signing the instrument to adopt the seal of another signer, is
a question of fact for the jury, the burden being on the plaintiff to prove it: Ib.
SEC. 7. [What is sufficient as the condition of an official or public bond.]
A bond payable to the state of Ohio, or other payee as may be directed by law,
reciting the election or appointment of a person to an office or public trust
under or in pursuance of the constitution or laws, and conditioned for the faith-
ful performance, by such person, of the duties of the office or trust, shall be
sufficient, notwithstanding any special provision made by law for the condition.
of such bond.
For decisions on the subject of official bonds, see notes under 2 1014, 1080, 1138, 1203.
See note to 1080: Dawson v. State, 38 0. §. 1.
An omission in the official bond of the prosecuting attorney of the condition requiring him to pay over
all moneys received by him in his official capacity is cured by this section: State ex rel r. Slough, 12 Č. Č. 111;
5 O. D. 697.
4
§§ 8-12
DEFINITIONS AND GENERAL PROVISIONS.
Tit. I.
SEC. 8. [Officers to hold till their successors are qualified, unless other-
wise provided.] Any person holding an office or public trust shall continue
therein until his successor is elected or appointed and qualified, unless it is
otherwise provided in the constitution or laws.
This section applies to the office of city council, State ex rel. Kearns, 47 O. S. 566, 568.
What is an office: State v. Kennon, 7 O. S. 556; State v. Taylor, 12 O. S. 130; Walker v. Cincinnati, 21 O. S.
14; Warwick v. State, 25 O. S. 21; State v. Wilson, 29 Q. S. 347.
Where the term of office is fixed and limited by the Constitution, and the officer has served out such
time, there is a vacancy in the office, and he can not hold over under this section: State ex rel. v. Brewster,
44 O. S. 591. Follet, J. dissented.
Successor here means a regular successor and not a mere temporary appointee: State v. Wright, 56 O. S.
540, 554.
SEC. 9. [Deputies and clerks; their terms, etc.] A deputy or clerk,
appointed in pursuance of law, shall hold the appointment only during the
pleasure of the officer appointing him; and the principal may take from his
deputy or clerk a bond, with sureties, conditioned for the faithful performance
of the duties of the appointment; but in all cases the principal is answerable
for the neglect or misconduct in office of his deputy or clerk.
SEC. 10. [Power of deputy.] A deputy, when duly qualified, shall have
power to perform all and singular the duties of his principal.
See ? 4949.
Deputy clerk of probate court has authority to administer oaths: Warwick v. State, 25 O. S. 21.
Deputy clerk of common pleas may sign process as deputy without using the name of his principal:
Chapin v. Allison, 15 0. 566; Walke v. Bank of Circleville, 15 Ô. 288.
Deputy sheriff may execute deed for lands sold by himself or principal: Haines v. Lindsey, 4 O. 88; Ander-
son v. Brown, 9 O. 151.
Where the law required the names for a struck jury to be selected by the clerk, auditor, and recorder, it
was held that such selection could not be made by their deputies: Hulse v. State, 35 O. S. 425.
Deputy hereunder is not a public officer, for he is merely authorized to act and not charged with the duty
to act, hence is not covered by penal laws against his principal: State v. Meyers, 56 O. S. 340, 349.
SEC. 11. [Term of appointee to elective office.] When an elective office
becomes vacant, and is filled by appointment, such appointee shall hold the
office till his successor is elected and qualified, and such successor shall be
elected at the first proper election that is held more than thirty days after the
occurrence of the vacancy; but this section shall not be construed to postpone
the time for such election beyond that at which it would have been held had
no such vacancy occurred, nor to affect the official term, or the time for the
commencement of the same, of any one elected to such office before the occur-
rence of such vacancy.
For the manner of filling vacancies in office, see the provisions of law relating to the
same under each office.
The provisions of 2 1208, and not ? 11, control in the matter of the filling of vacancies in the offices of sheriff
and coroner: State ex rel. v. McGregor, 44 O. S. 628.
The words "first proper election," mean the first regular recurrence of that election at which the officer,
whose successor is to be chosen, was elected; that is, the first election occurring, appropriate to that particular
office, under the law regulating elections to that office: State v. Barbee, 45 O. S. 347. Thus if a prosecuting
attorneyship becomes vacant on Sept. 13, his successor must be chosen at the November elections. The ap-
pointee does not hold for the whole unexpired term: State v. Slough, 5 O. D. 697; 12 C. C. 105.
Death of officer elect before term begins is not a vacancy until end of incumbent's term, and if this does
not end by 30 days before election the vacancy can not be filled by such election: State v. Dahl, 55 O. S. 195.
The appointment is for the rest of the term and not merely until the next election, and the successor
elect can only take office from the end of the term: Harte v. Bode, 4 N. P. 421. See note to same case under
? 1240.
An officer can not make an appointment the term of which is to begin after the expiration of the term of
the officer appointing; but when the statute requires the appointment to be made on a certain day, or as
soon thereafter as practicable, he may do it: State ex rel v. Ermston, 14 C. C. 614.
A prosecuting attorney appointed to fill a vacancy holds until his successor is elected and qualified :
State ex rel v. Slough, 12 C. C. 105; 5 O. D. 697.
An appointment for less than the legal time, merely until the next election, when it should have been
for the rest of the term, will not abridge the appointee's time: State v. Darby, 12 C. C. 235 (affirmed by evenly
divided court), 52 O. S. 611.
SEC. 12. [Vacancy in appointive state office; how filled.] In case of a
vacancy in any office filled by appointment of the governor, by and with the
advice of the senate, occurring by expiration of term, or otherwise, when the
senate is in session, the governor shall appoint a person to fill such vacancy,
and forthwith report such appointment to the senate; and when the senate is
not in session, and no appointment has been made and confirmed, in anticipa-
tion of such vacancy, the governor shall fill the vacancy and report the appoint-
5
Tit. I.
DEFINITIONS AND GENERAL PROVISIONS. §§ 12a-16.
ment to the next session of the senate; and if the senate advise and consent to
the same, the person so appointed shall hold the office for the full term; and if
the senate do not so advise and consent, a new appointment shall be made.
[1880, February 26: 77 v. 18; Rev. Stat. 1880.]
Under 2 6 of the act of March 27, 1866 (63 v. 52), which provided for filling vacancies which occur “from
death, resignation, or removal for cause," it was held that the expiration of the specified term, three years, in
vacation of the senate, was not such vacancy as could be filled by the governor, the tenure being for three
years, and until their successors are appointed and qualified, the appointment to be by the governor, by and
with the consent of the senate: State v. Howe, 25 O. Ŝ. 588.
SEC. 12a. [Governor may remove appointee when found inefficient or
corrupt; vacancy, how filled.] Any officer who holds his office by appoint-
ment of the governor, by and with the advice and consent of the senate, may,
when not otherwise provided by law, if it be found that he is inefficient or
derelict in the discharge of his duties, or that he has used his office corruptly,
be removed from office by the governor, by and with the advice and consent of
the senate; and, if in the recess of the senate the governor be satisfied that
such officer is inefficient or derelict or corrupt as aforesaid, he may suspend
such officer from his office and report the facts to the senate at its next session;
and, if in such report, the senate so advise and consent, such officer shall be
removed, but otherwise he shall be restored to his office. In case of suspension
as aforesaid, the governor shall designate some person to perform the duties of
such suspended officer during the suspension; and the person so designated
shall give bond and take the oath of office as if appointed for a full term, and
during the time he performs the duties of the office he shall be entitled to the
emoluments thereof, no part of which shall, for such time, go to the suspended
officer; and if the suspended officer be removed or his term expires before the
action of the senate, on his suspension a new appointment shall be made.
[1883, March 29: 80 v. 85; Rev. Stat. 1880.]
SEC. 13. [Incumbents of offices when this act takes effect not to be
affected thereby as to term of office.] The incumbents of offices when this
act takes effect, the duties of which are herein defined, or the filling of which
is herein provided for, shall hold their respective offices for the full term for
which they were severally elected or appointed, as if this act had not been
passed.
SEC. 14. [Certain fees to be paid into the state treasury.] All fees
received or moneys collected by the secretary of state, auditor of state, or other
state officer, for copies made or services performed for, or articles furnished to,
persons or municipalities, shall, unless otherwise herein provided, be by such
officer paid into the state treasury within or immediately after the close of the
fiscal quarter in which they are received or collected. [29 v. 505, § 2; S. & C.
115.]
SEC. 15. [Device of coat of arms of the state.] The coat of arms of
the state of Ohio shall consist of the following device: A shield, in form, a
circle. On it, in the foreground, on the right, a sheaf of wheat; on the left, a
bundle of seventeen arrows, both standing erect; in the background, and rising
above the sheaf and arrows, a mountain range, over which shall appear a
rising sun. [65 v. 175, § 1; S. & S. 729.]
""
SEC. 16. [Official seals.] All official seals shall have engraved thereon
the coat of arms of the state, as described in the preceding section. The great
seal of the state shall be two and one-half inches in diameter, and shall be sur-
rounded by these words: "The great seal of the state of Ohio.' The seal of
the supreme court shall be two and one-half inches in diameter, and shall be
surrounded by these words: "The supreme court of the state of Ohio." The
seal of the circuit court, of the common pleas court, and of the probate court
of each county, shall each be one inch and three-fourths in diameter, and each,
respectively, shall be surrounded by these words: "Circuit court, county,
6
$17.
DEFINITIONS AND GENERAL PROVISIONS.
Tit. I.
Ohio;" "Common pleas court, county, Ohio;" "Probate court,
county, Ohio," (insert the name of the proper county). The seals of all other courts
of record shall be of the same size as the seal of the common pleas court, and each,
respectively, shall be surrounded by the proper name thereof. The seal of the
secretary of state shall be two inches and one-fourth in diameter, and shall be
surrounded by these words: "The seal of the secretary of state of Ohio." The
seal of the auditor of state shall be one inch and three-fourths in diameter, and
shall be surrounded by these words: "The seal of the auditor of state of Ohio."
The seal of the treasurer of state shall be one inch and three-fourths in
diameter, and shall be surrounded by these words: "The seal of the treasurer
of state of Ohio." The seal of each benevolent institution shall be one inch
and three-fourths in diameter, and shall be surrounded by the proper name
thereof. The seals of all other state, county, and municipal officers shall be
one inch and three-fourths in diameter, and shall be surrounded by the proper
name of the office. The seal of a notary public shall not be less than one inch
and one-fourth in diameter, and shall be surrounded by these words: "Notarial
seal, county, Ohio," (insert the name of the proper county). All the seals
mentioned in this section, shall contain the words and devices mentioned
herein, and no other. [1886, April 1: 83 v. 60; 82 v. 121; 82 v. 16; Rev. Stat.
1880; 65 v. 175, § 2; 73 v. 80, § 20; (S. & S. 730; S. & C. 847).]
As to city and justice court in Toledo, see ? (621-7).
The statute has reference to notaries' official acts that come peculiarly within the sphere of his office:
Ashley v. Wright, 19 O. S. 291.
SEC. 17. [Debts not to be contracted by public officers without
authority.] An officer or agent of the state or of any county, township, or munic-
ipal corporation, who is charged or intrusted with the construction, improve-
ment, or keeping in repair of any building or work of any kind, or with the
management or providing for any public institution, shall not make any con-
tract binding or purporting to bind the state, or such county, township, or
municipal corporation, to pay any sum of money not previously appropriated
for the purpose for which such contract is made, and remaining unexpended
and applicable to such purpose, unless such officer or agent has been authorized
to make such contract; and if any such officer or agent make or participate in
making a contract without such appropriation or authority, he shall be person-
ally liable thereon, and the state, county, township, or municipal corporation
in whose name or behalf the same was made, shall not be liable thereon. [54 v.
77, §§ 1, 2; S. & C. 889.]
If, at the time of making the contract and entering upon its execution, it, with others, did not exceed in
amount the fund provided, but the municipal authorities subsequently made other contracts, the aggre-
gate of which, together with that of those already existing, was in excess of the fund, the contracts first made,
and which were within the limit, are not invalidated, and that the fund is exhausted is not a ground of
defense: Cincinnati v. Cameron, 33 O. S. 336.
(17-1.) [To prevent deficiencies in institutions and departments
of the state.] It shall be unlawful for the trustees, managers, directors
or superintendent of any of the public institutions of the state of Ohio, or
for the officers of any of the departments of the state of Ohio, to create a
deficiency, incur a liability, or to expend a greater sum of money than is
appropriated by the general assembly for the use of said public institution or
department. [86 v. 76.]
(17-2.) [Penalty under above.] Any officer enumerated in section
one of this act, being found guilty of creating a deficiency, incurring a liability,
or expending a greater sum than is appropriated by the general assembly for
any public institution or department of this state in any one year, shall be
held individually liable for the same, and shall be fined in any sum not
exceeding one thousand dollars for the first offense, and two thousand dollars
for every subsequent offense. [86 v. 76.]
(17-3.) [Emergency; board to pass on; their official record and
expenses.] In case of an emergency requiring the expenditure of a greater
7
Tit. I.
DEFINITIONS AND GENERAL PROVISIONS.
ᎦᏚ 18-20.
sum than the amount appropriated by the general assembly for such institu-
tion or department in any one year or for the expending of money not
specifically provided for by law, there is hereby created an emergency board
consisting of the governor, auditor of state, attorney-general, chairman of the
house finance committee, and chairman of the senate finance committee, to
authorize deficiencies to be made. The governor shall be the president and the
chairman of the house finance committee shall be the secretary of the board.
The secretary will keep a complete record of all the proceedings. Any officer
contemplated in this act desiring to ask authority to create a deficiency will
notify the secretary in writing setting forth fully the facts in connection with
the case.
As soon as can be done conveniently the secretary will arrange for
a meeting of the board, and will notify the officer of the time and place of
meeting and requesting his presence. Before a permit is granted it must have
the approval of not less than four members of the board who shall sign the
same. The necessary expenses of the chairmen of the senate and house finance
committees while engaged in the duties herein specified shall be paid out of
the fund for expenses of legislative committees upon itemized vouchers ap-
proved by themselves, and the auditor of state is hereby authorized to draw
his warrant upon the treasurer of state for the same. [89 v. 407; 87 v. 76.]
SEC. 18. [A person may hold but one of certain offices.] No person
shall hold by appointment or election at the same time more than one of the
following offices: sheriff, county auditor, county treasurer, clerk of the court of
common pleas, county recorder, prosecuting attorney, probate judge, and justice
of the peace. [56 v. 71, § 1; S. & C. 889.]
For provisions of law relating to the same subject, see ?? 1020, 1164, 1268.
Under the act of February 14, 1840, the same individual may hold the offices of associate judge and county
treasurer: State v. McCollister, 11 O. 46.
An infirmary director can not be superintendent: State v. Taylor, 12 O. S. 130.
(18-1) [Members of Legislature ineligible to certain appoint-
ments.] No member of either branch of the general assembly shall hereafter
be appointed as trustee of any benevolent, educational, penal or reformatory
institution of the state, supported in whole or in part by funds drawn from
the state treasury. And any trustee of said benevolent, educational, penal, or
reformatory institution, or any member of the state board of agriculture, who
hereafter accepts a certificate of election to either branch of the general assem-
bly, shall forthwith send his resignation of such office of trustee or member of
such board to the proper authority, and in case of his neglect or refusal to do
so the office shall be deemed vacated. But the provisions of this act shall not
apply to trustees of any of the aforesaid institutions appointed previous to the
passage of this act. [87 v. 241.]
See also Constitution, Art. II, 219.
SEC. 19. [An office is vacant if the person elected or appointed thereto
does not qualify.] Any person elected or appointed to an office of whom bond
or security is by law required previous to the performance of the duties imposed
on him by his office, who refuses or neglects to give such bond or find`such
security, agreeably to, and within the time for that purpose prescribed by law,
and in all respects to qualify himself for the performance of such duties, shall
be deemed to have refused to accept the office to which he was elected or
appointed, and the same shall be considered vacant, and be filled as provided by
law. [29 v. 407, § 4; S. & C. 888.]
A county treasurer elect, who, on the first Monday of June after his election, delivered his bond to the
commissioners, with sureties according to the statute, the commissioners on that day neither accepting nor
rejecting it, and next day approving it, when the treasurer immediately took the oath of office, and had it
indorsed on the bond, thereby became the legal treasurer of the county: State v. Tool, 4 O. 8. 553.
Death of officer elect is not a vacancy, see note under 11: State v. Dahl, 55 O. S. 195.
SEC. 20. [Gifts, devises, and bequests may be made to public authori-
ties.] The state, county commissioners, township trustees, cemetery trustees,
the councils, boards or officers of municipal corporations, and the boards of
8
$ (20-1).
DEFINITIONS AND GENERAL PROVISIONS.
Tit. I.
directors, trustees or other officers of any of the benevolent, educational, penal
or reformatory institutions, wholly or in part under the control of the state, or
any of said municipalities or institutions shall be capable of receiving by gift,
devise or bequest, moneys, lands or other properties, for their benefit or the
benefit of any of those under their charge, and to hold and apply the same
according to the terms and conditions of the gift, devise or bequest; but this
section shall not be held to affect or change the statutory provisions as to
devises or bequests for such purposes. [1881, April 8: 78 v. 109; Rev. Stat. 1880;
66 v. 8, §1; 74 v. 38, § 20; 75 v. 42, § 1.]
County commissioners may receive bequests, etc., to construct a county public library,
see ?891a.
Canton authorized to appoint trustees of property devised to the poor, 76 v. 197, am. 91 v. 682.
See Urmey v. Wooden, 10. S. 160.
Property may be devised to trustees of a township for the exclusive benefit of the poor: Scott v. Trustees
of Marion Tp., 39 O. S. 153.
They are not compelled to invest such funds upon real estate security only: Ib.
Under 20, Rev. Stat., the board of county commissioners may take and hold property devised or
bequeathed to it for educational purposes; and may authorize the expenditure of the same by the respective
boards of education within the county: Christy v. Commissioners, 41 O. S. 712. Nash and Martin, JJ. dis-
sented.
Devise of land by the inhabitants of a school district to support a school is a charity, and the district can
act as trustee, but a devise to build a meeting house and support a pastor is beyond its powers and the court
will appoint: Chapin v. School District, 1 Gaž. 227.
(20—1) [Power of county commissioners to receive bequests, etc.,
for educational purposes; application of funds.] The commissioners
of the several counties of the state may receive bequests, donations and gifts of
real and personal property and money to promote and advance the cause of
education in their respective counties; and any and all property and money
so at any time received by the commissioners of any county, or which may
and
have been heretofore bequeathed to the commissioners of any county,
which has been bestowed upon them and remains yet undisposed of by such
commissioners, may, by the said commissioners, at their discretion, be paid
over to any incorporated institution of learning in their respective counties, or
a part may be used to defray the expenses of the teachers' institute, each year,
as the said commissioners may in their discretion, and with reference to the
terms of the trust, deem best, and upon such terms and conditions as they may
prescribe, having reference to the safety of the fund and its proper application.
[84 v. 211.]
SEC. 21. [Concerning illegal loans or deposits by public officers.] The
state, any county, township, municipal corporation, or school board, shall not
be precluded by the illegal loan or deposit by any officer or agent of public
money, funds, property, bonds, securities, or assets, belonging to it, from suing
for and recovering the same; and such suit shall not be held to be an adoption
or satisfaction of such illegal transaction. [60 v. 64, § 1; S. & S. 920.]
An unauthorized loan of the moneys of the state by its agents gives no right of action to the state against
the borrower, unless the state ratifies the unauthorized loan: State v. Buttles, 3 O. S. 309.
SEC. 22. [Duty of officers holding claims in favor of the state.] When-
ever any officer or agent of the state comes into possession of any claim due or
payable to the state, he shall demand payment thereof, and on payment have
the amount duly certified into the state treasury; and if he does not succeed in
the collection thereof within sixty days after the claim comes into his posses-
sion, he shall certify it to the auditor of state, specifying the transaction out of
which it arose, the amount due, the date of maturity, and the time when pay-
ment was demanded, as aforesaid. [57 v. 83, §§ 1, 2; S. & C. 1232.]
SEC. 22a. [State officers to make monthly statement to auditor of
state of checks and requisitions made by them; blanks for such state-
ment to be furnished by the auditor of state; auditor of state to compare
and file such statements.] That before the sixth day of each month, the
governor, secretary of state, chief justice of the supreme court, treasurer of
state, adjutant-general, attorney-general, commissioner of common schools,
state board of charities, commissioner of railroads and telegraphs, superintend-
9
Tit. I.
DEFINITIONS AND GENERAL PROVISIONS. §§ 226-23.
ent of insurance, clerk of the supreme court, state librarian, commissioner of
labor statistics, mine inspector, president of the board of public works, com-
missioners of public printing, sinking fund commissioners, supervisor of pub-
lic printing, president of the state board of agriculture, president of the board
of commissioners to improve the Ohio river, president of the board of fish com-
missioners, reporter of the supreme court, and president of the board of direct-
ors of the Ohio penitentiary, or the president of any other state board or other
state officer shall furnish to the auditor of state a detailed and itemized state-
ment, with their respective certificates attached, as to the truth thereof, of all
checks or requisitions issued by their several departments upon the auditor of
state, for warrants upon the treasurer of state during the preceding month, said
detailed and itemized statement to be made upon blanks to be prepared and
furnished by the auditor of state; and the said auditor of state, shall, as soon
as said statements have been received, compare the same with the accounts in
his office, and certify to each of the head[s] of said several departments a list
of checks or requisitions which have not been presented, if any, and warrants
issued upon the treasury for the payment of requisitions presented during the
month next preceding, which do not appear upon the certified list of the
proper department, and shall file the original statement in his office, and care-
fully preserve the same; and the said auditor of state shall not issue his warrant
upon the treasurer of state for the salary of any such officer herein named,
until said officer shall fully comply with all the provisions of this act. [1882,
April 7: 79 v. 77.]
•
22b. [Sale of public bonds must be advertised; bonds must be sold
at par.] All bonds issued by boards of county commissioners, boards of edu-
cation, commissioners of free turnpikes, shall be sold to the highest bidder after
being advertised three times, weekly, in a newspaper having a general circula-
tion in the county where the bonds are issued; and if the amount of bonds to
be sold exceeds twenty thousand dollars, then in an additional newspaper
having a general circulation in the state, three times, weekly. The advertise-
ment shall state the total amount of bonds to be sold, the amount of each bond,
how long they are to run, the rate of interest to be paid thereon, whether annu-
ally, or semi-annually, the law or section of law authorizing their issue, the
day, hour and place in the county where they are to be sold. None of said
bonds shall be sold for less than the face thereof, with any interest that may
have accrued thereon; and the privilege shall be reserved of rejecting all or
any bids, and if said bids are rejected said bonds shall again be advertised; all
moneys arising from premiums on the sale of said bonds, as well as the princi-
pal, shall be credited to the fund on account of which the bonds are issued and
sold. [80 v. 68.]
See ?? 871 and 875 as to sale of bonds by county commissioners.
See ?? 3993 and 3994 as to sale of bonds by boards of education.
See ?? 4769 as to sale of bonds by commissioners of free turnpikes.
As to sale of bonds by municipal corporations, see 2837a.
Cleveland school building bond issue subject to this law, 93 v. 459.
SEC. 23. [Interpretation of certain words.] In the interpretation of
Parts First and Second, unless the context shows that another sense was
intended, the word "bond" includes an "undertaking," and the word "under-
taking" includes a "bond;" "and" may be read "or," and "or" read “and,”
if the sense requires it; words of the present include a future tense, in the
masculine, include the feminine and neuter genders, and in the plural include
the singular and in the singular include the plural number; but this enumera-
tion shall not be construed to require a strict construction of other words in
said Parts, or in this Code.
Interpretation and construction of statutes-
Amendment, to be considered, from time of taking effect, as part of original law; McKibben v. Lester,
9 O. S. 627; Howk v. Minnick, 19 O. S. 462; Bloom v. Richards, 2 O. S. 387. A substantial change made by, to
have effect: Boley v. Ohio Life Ins. & Trust Co., 12 O. S. 139; Griffin v. State, 34 O. S. 299; but change in lan-
2
10
:
§ 23.
сод
DEFINITIONS AND GENERAL PROVISIONS.
Tit. I.
guage merely does not affect the meaning: Boley v. Ohio Life Ins. & Trust Co., 12 O. S. 139; Brower v. Hunt,
18 O. S. 311.
Contemporaneous construction, iforce of: Moore v. Vance, 1 0.1; Ludlow v. Johnston, 3 O. 553; Reed v.
Evans, 17 0. 128; Dutoit v. Doyle, 16 O. S. 400.
Different meanings of same words-words taken ordinarily in usual sense: Allen v. Little, 5 O. 65; Hath-
away case, 4 O. S. 383; Medical College of Ohio v. Zeigler, 17 O. S. 52: Woodbury v. Berry, 18 0. S. 456; Moore v.
Vance, 1 0. 1; Turney v. Yeoman, 14 O. 207; Woodworth v. State, 26 O. S. 196; State v. Peck, 25 O. S. 26; Norris v.
State, 25 O. S. 217; Bulkley v. Stephens, 29 O. S. 620; Wilcox v. Nolze, 34 O. S. 520; but context or consequence
may require different meaning: Burgett v. Burgett, 1 O. 469; Horton v. Horner, 16 O. 145; White v. White, 19
O. Š. 531; State v. Trustees, 11 O. 24; Corwin v. Benham, 2 O. S. 36; Stetson v. City Bank of N. O., 2 O. S. 167;
.S. B. Messenger v. Pressler, 13 O. S. 255; Stone v. Elliott, 11 O. S. 252; Terrill v. Auchauer, 14 O. S. 80; Ram-
melsberg v. Mitchell, 29 O. S. 22; Aultman v. Seiberling, 31 O. S. 204; Lane v. McKinstry, 31 O. S. 640; Elliott v.
Shaw, 32 0. S. 431; Brigel v. Starbuck, 34 O. S. 280; words not the only source from which meaning to be
gathered: Patton v. Sheriff, 2 O. 395; Allen v. Parish, 3 O. 187; State v. Blake, 2 O. S. 147; State v. Z. & M. T.
Co., 16 O. S. 308; State v. McCollister, 11 0. 46.
Remedial statutes should be liberally construed: Saterlee v. Stevens, 11 O. 420; Hays v. Armstrong, 7 0.
1 pt. 247; Tracy v. Card, 2 O. S. 431; Pollock v. Speidel, 27 O. S. 86; State v. Harmon, 31 O. S. 250; Railroad v.
Commissioners, 31 O. S. 338; and penal statutes strictly: Hall v. State, 20 O. 7; Denbow v. State, 18 0.11; Turner v.
State, 1 0. S. 422
Statutes in pari materia to be construed together: Hirn v. State, 1 O. S. 15; Jones v. Carr, 16 O. S. 420;
Fuller v. Coats, 18 O. S. 343; State v. Franklin Co., 20 O. S. 421.
Punctuation and grammar may be disregarded: Shriedley v. State, 23 O. S. 130; Pancoast v. Ruffin, 1 0.
381; Hamilton v. S. B. Hamilton, 16 O. S. 428.
Expressio unius est exclusio alterius: Courson v. Courson, 19 O. S. 454.
Authority to do a particular thing, without specifying mode, implies power to do it in a reasonable
manner: Jewett v. Railway, 34 O. S. 601.
An act will not be declared void for uncertainty if, by resort to the recognized aids in the construction
of statutes, it is possible to ascertain its meaning: State v. Commissioners, 35 O. S. 458.
Where an act of the legislature, or several acts in pari materia, have undergone revision, the same con-
struction will prevail as before revision, unless the language of the new act plainly requires a change of con-
struction to conform to the manifest intent of the legislature: State ex rel. v. Commissioners of Shelby Co.
36 O. S. 326.
A statute declaratory of a former one has the same effect upon such former act, in the absence of inter
vening rights, as if the declaratory act had been embodied in the original act at the time of its passage:
State ex rel. v. Trustees O. S. & S. Ö. Home, 37 O. S. 275.
The state is not bound by the terms of a general statute unless it be so expressly enacted: State ex rel. v.
Cappeller, 39 O. S. 207.
Where a section of the Revised Statutes is repealed and re-enacted in a changed form, a subsequent
statute which, in terms, again repeals and re-enacts the original section in still another form, is, as a general
rule, to be regarded as a repeal of the section in its amended form, and the section in its last form will take
its place in the revision as part of the Revised Statutes: State v. Brewster, 39 O. S. 653.
It is the duty of courts, in the interpretation of statutes, unless restrained by the letter, to adopt that
view which will avoid absurd consequences, injustice or great inconvenience: Moore v. Given, 39 O. S. 661.
Words in the plural number include the singular, and words in the singular number include the plural,
unless the context shows that another sense was intended: Aultman & Co. v. Guy, 41 O. S. 598; Westlake v.
Westlake, 47 O. S. 315, 317.
In construing a statute, punctuation may aid, but does not control unless other means fail; and in ren-
dering the meaning of a statute, punctuation may be changed or disregarded; Albright v. Payne, 43 O. S. 8.
11
Tit. I, Div. 2, Ch. 1. BOUNDARIES OF STATE, ETC.
§ (23—1).
SECOND DIVISION. THE STATE AND HER SUBDIVISIONS.
SECTION
CHAPTER 1.
BOUNDARIES OF STATE AND RIGHTS OF U. S.
23-1. Governor to appoint commission to examine as to
the true location of boundary line between Ohio
and Pennsylvania.
23-2. Report.
23-3. Appropriation.
SECTION
23-4. Removing or disturbing monuments; penalty.
23-5. Boundary line monuments.
23-6. Boundary line accepted.
23-7. Auditor of state to preserve report of commission,
field notes, etc.
As to boundary line between Ohio and Indiana, see Art. V of the Ordinance of 1787.
As to boundary line between Ohio and Kentucky, see Booth v. Administrator, 8 O. S. 243; Bridge Co. v.
Mayer, 31 O. S. 317, 327, 329.
As to boundary line between Ohio and Michigan, on June 20, 1835 (33 ii. v. Stat.; 3 Curwen, p. 216), the
General Assembly of Ohio passed an act accepting certain propositions made by the commissioners appointed
by the President of the United States relative to the northern boundary line of the state of Ohio.
The act was temporary in its character and provided that, as the President of the United States, through
his commissioners, had arranged for a temporary adjustment between the state of Ohio and the territory of
Michigan, the arrangement should be observed until after the close of the next session of congress.
By the act of congress of June 15, 1836 (5 U. S. Statutes at Large 49), it was provided "that the northern
boundary line of the state of Ohio shall be established at, and shall be a direct line drawn from the southern
extremity of Lake Michigan to the most northerly cape of the Maumee (Miami) bay, after that line so drawn
shall intersect the eastern boundary line of the state of Indiana; and from the said north cape of the said
bay, northeast to the boundary line between the United States and the province of Upper Canada in Lake
Erie; and thence with the said last mentioned line to its intersection with the western line of the state of
Pennsylvania."
For a history of this border war, see Daniels v. Stevens, Lessee, 19 O. 222.
(23-1) [Commission to examine as to location of boundary between
Ohio and Pennsylvania.] As soon as practicable after the passage of this
act, it shall be the duty of the governor to appoint three competent persons to
be commissioned to act in conjunction with a similar commission of the state
of Pennsylvania, (but not otherwise) to examine as to the true location of the
monuments which make the boundary line between the state of Ohio and the
state of Pennsylvania, and in connection with said commission of the said
state of Pennsylvania to replace any monuments that have been removed, or
have become displaced or dilapidated, on the boundary line of said states.
[75 v. 130.]
(23-2) [Its Report.] Said commission shall report to the governor
an account of all expenditures arising under this act, together with a full
report of their proceedings, accompanied with such maps and drafts as may be
necessary to a clear understanding of the same, and the governor shall report
the same to the first meeting of the general assembly thereafter. [75 v. 130.]
(22—3) [Appropriation therefor.] The sum of two thousand dollars,
or so much thereof as may be necessary for carrying out the provisions of this
act, is hereby appropriated out of any money not otherwise appropriated. [75
v. 130.]
(23-4) [Removing or disturbing monuments; and penalty.] If any
person shall remove said monuments or in any way disturb the same so re-
placed by said commission, [he] shall upon conviction thereof, be fined in any
sum not more than five hundred dollars, nor less than one hundred dollars, or
imprisoned in the county jail not more than six months, nor less than one
month or both at the discretion of the court. [75 v. 130.]
*
12
§ (23-5.)
BOUNDARIES OF STATE, ETC. Tit. I, Div. 2, Ch. 1.
(23-5) [Boundary line monuments.] In addition to the powers con-
ferred and the duties imposed upon the commissioners appointed under said
act, they shall have authority, and it is hereby made the duty of said commis-
sioners, acting in connection with the commissioners appointed by the governor
of Pennsylvania, to erect suitable monuments along the boundary line, when
determined, sufficient to properly mark said boundary line; provided, where
the boundary line is along any public highway, the commissioners shall
place index monuments at recorded distances from the true line upon the side
of said highway. [76 v. 111.]
JOINT RESOLUTION.
WHEREAS, A Commission composed of Joseph M. Rickey, James Mackey and
Henry B. Perkins was appointed by the governor of Ohio, under and by virtue
of an act of the general assembly of said state, passed May 3, 1878, and an act
supplementary thereto, passed May 27, 1879, to act in conjunction with a simi-
lar commission of the state of Pennsylvania in examining as to the true location
of the monuments which mark the boundary line between the state of Ohio
and the state of Pennsylvania, and in connection with said commission of the
said state of Pennsylvania to replace any monuments that have been removed
or have become displaced or dilapidated on the boundary line of said states,
and to erect such other suitable monuments along said boundary line when
determined, as shall be sufficient to properly mark the same; and
W
HEREAS, It appears from a report duly made by said commission in con-
junction with a like commission upon the part of the state of Pennsylvania to
the governor of Ohio, bearing date of February 1st, A. D. 1883, and by said gov-
ernor transmitted to the general assembly, together with the field-notes of their
survey, and an accurate map of said boundary line that said commission upon
the part of the state of Ohio, and said commission upon the part of the state of
Pennsylvania, duly empowered so to do, have resurveyed said boundary line,
examined as to the true location of the monuments which marked the same,
and have erected suitable monuments along said boundary line sufficient to
properly mark the same, and when the boundary line was along a public high-
way the commissioners have placed index monuments at recorded distances
from the true line upon the side of said highway; and
WHEREAS, Said boundary line is now accurately marked and described in
said report, and the field-notes and the map accompanying same; therefore, be it
(23-6) [Boundary line accepted.] Resolved by the General Assembly of
the State of Ohio, That said boundary line, as marked by said commission, and
set forth in their report, field-notes and map is hereby accepted by the state of
Ohio as the true boundary line between the state of Ohio and the state of
Pennsylvania. [80 v. 386.]
(23-7) [Auditor of state to preserve report of commission, field-
notes, etc.] Resolved, That the auditor of state is hereby required and directed
to carefully preserve in his office the report of the joint commission, field-notes,
and map, together with two reports made by the Ohio commission, and to cause
one thousand (1,000) copies of said reports, field-notes and map, together with
the laws of Ohio and Pennsylvania, creating and instructing their respective
commissions, as well as this joint resolution, to be published and bound in
cloth, for distribution as he may think best, and the cost of printing and bind-
ing the same to be paid for out of the appropriations made for printing and
binding for the state, the accounts therefor to be audited by the supervisor of
public printing and approved by the commissioners of printing. [80 v. 386.]
13
Tit. I.
COUNTIES.
Div. 2, Ch. 2.
UNITED STATES IN RELATION TO OHIO.
Consent of Ohio to the purchase of land for
post office, custom house, etc., and ceding
jurisdiction and exempting from taxa-
tion.
·
..88 v. 245
In Akron and Youngstown..88 v. 335
Canton.
Cincinnati
Columbus..
Dayton..
Lima..
•
Portsmouth.
Springfield.
Toledo...
•
•
.69 v. 81
.79 v. 123
.85 v. 33
.88 v. 91, 603
.86 v. 289
82 v. 127
.77 v. 139
Authorizing the governor to convey to the
U. S. certain lands in city of Marietta and
also authorizing city of Marietta to erect
city buildings on part of said lands. See
93 v. 53.
Authorizing United States to acquire or ap-
propriate land in Ohio for any purposes,
and vacating streets or alleys running
through it. 70 v. 36.
Consent to purchase for lighthouses, etc.,
in several counties. 68 v. 92.
Consent of Ohio to acquisition by U. S. of
any land not exceeding 12 acres in one
place, for improvement of Ohio river and
exempting from taxes. 73 v. 168; 72 v. 36.
Consent to acquisition or appropriation of
lands on navigable rivers for canals, dams,
locks, offices, etc.,-penalty for injury to
the property-cession to U. S. of Mus-
kingum river improvement. 82 v. 220.
Consent to purchase site for fish hatching
house on South Bass island, Ottawa Co.,
and ceding jurisdiction; reservation as to
civil and criminal process and citizenship.
86 v. 233.
Ceding jurisdiction over land of National
Asylum for disabled volunteers; pro-
viso as to service of legal process on in-
mates and right of suffrage; exempt from
tax. 64 v. 149.
Jurisdiction ceded of land acquired for
Marine Hospital in Cincinnati. Condition
as to civil and criminal process and citizen-
ship. 80 v. 27.
Ceding land in Geauga Co. for a lighthouse.
35 v. 52.
Ceding jurisdiction to U. S. of Green Island,
Lake Erie, in Ottawa Co., purchased for
lighthouse. 50 v. 109.
Deed of Ohio to U. S. of land under San-
dusky bay for lights approved, and author-
izing the governor to convey to U. S. any
land desired for lighthouse, etc. 73 v. 6.
Adjustment of claims of Ohio against U. S.
for supplies and payments during rebel-
lion. 77 v. 310; repealed, 80 v. 122.
Agent to be appointed to prosecute claims
of Ohio against U. S. 86 v. 316.
To accept proceeds of public lands given by
Congress Aug. 30, 1892, for colleges for
agriculture and the mechanic arts. 88 v.
519.
REVENUE MATTERS.
Tax by certain counties to pay to state what
they owe it for its proportion of the sur-
plus revenue. 59 v. 59; S. & S. 744.
Counties having so paid are authorized to
collect from persons owing them. 66 v. 45.
Accounts of officers as to receipts and dis-
bursements of the public revenue. See
? (181-1) et. seq.
For funding and refunding state debt. See
?? (244-1) et. seq.
SECTION
ERECTION AND ORGANIZATION.
ADAMS.
23-8. Boundaries of Adams county.
CHAPTER 2.
COUNTIES.
23-9. Proclamation altering the eastern boundary of
Adams county.
See page 16.
ALLEN.
ASHLAND.
23-10. Boundaries of Ashland county.
23-11. Name of townships where they have been divided.
ASHTABULA.
23--12. County organized.
23-13. Townships No. 8 attached to Ashtabula county.
ATHENS.
| SECTION
23-17. Certain fractional townships in Darke county to
be attached to Mercer county.
23-18 Certain territory in Van Wert county attached to
Putnam county.
23-19. Powers of county commissioners as to fractional
townships.
BELMONT.
23-20. Boundaries of Belmont county.
23-21. Boundaries.
BROWN.
CARROLL.
23-22. Boundaries defined.
23-23. Part of Columbiana county attached to Jefferson.
23-24. Part of Tuscarawas county attached to Harrison.
23-25. Boundaries.
CHAMPAIGN.
CLARKE.
23--14. Boundaries.
AUGLAIZE.
23–15. Boundaries of Auglaize county.
23-16. Certain townships and sections in Putnam and
Mercer counties attached to Allen county.
23-26. Boundaries.
23–27. How line between Greene and Clarke counties
shall be run.
CLERMONT.
23-28. Boundaries of Clermont county.
14
J
Div. 2, Ch. 2.
COUNTIES.
Tit. I.
SECTION
CLINTON.
23-29. Clinton county erected; its boundaries.
COLUMBIANA.
23-30. Boundaries of the county of Columbiana.
COSHOCTON.
23-31. County of Coshocton erected; its boundaries.
CRAWFORD.
23-32. Organization of said county.
23-33. Disposition of certain townships.
CUYAHOGA.
23-34. County of Cuyahoga erected.
23-35. County of Huron, etc., attached to Cuyahoga
county.
23-36. Boundaries.
DARKE.
23-37. Attached to Miami county.
23-38. Said county organized.
23-39. Boundaries.
DEFIANCE. .
23-40. Powers of the commissioners of Paulding county
to attach certain territory, etc.
23-41. Boundaries.
DELAWARE.
ERIE.
23-42. Boundaries of Erie county; where the seat of jus-
tice established; shall include Cunningham's
island.
23-43. Erie county organized.
FAIRFIELD.
23-44. Boundaries of Fairfield county.
FAYETTE.
23-45. Fayette county erected; its boundaries.
FRANKLIN.
23-46. Boundaries of the county of Franklin.
FULTON.
23-47. Boundaries of Fulton county.
23-48. The limits of Lucas extended so as to restore its
constitutional amount of territory.
GALLIA.
23-49. Boundaries of Gallia county.
GUERNSEY.
23-50. A new county erected by the name of Guernsey;
its boundaries.
HAMILTON.
23-51. Boundaries of Hamilton county.
SECTION
LAWRENCE,
23-64. Boundaries.
LOGAN.
23–65. Boundaries.
LORAIN.
23--66. Boundary of Lorain county.
LUCAS.
23-67. Boundaries of Lucas county.
23-68. Boundaries of Lucas county.
MADISON.
23-69. Madison county erected; boundaries thereof.
MAHONING.
23-70. Boundaries of Mahoning county.
MARION.
See page 33.
See page 33.
MEDINA.
MEIGS.
23-71. Boundaries.
MERCER.
See page 33.
MIAMI.
23-72. Boundaries.
23-73. Part of Montgomery and Darke attached to
Miami county.
23-74. Boundaries.
MONROE.
23-75. Number of township attached.
23-76. Boundaries.
MORGAN.
MORROW.
23-77. Boundaries of Morrow county.
MUSKINGUM.
23-78. Boundaries of the county of Muskingum.
NOBLE.
23–79. Boundaries of Noble county.
23--80. Certain townships in Washington county attached
to Monroe county.
23-81. Power to attach fractional townships.
23-82. Certain part of Roxbury township in Washington
county attached to Morgan county.
OTTAWA.
23-83. Boundaries of Ottawa county.
23-84. Certain territory to be attached to Erie county.
PAULDING.
See page 37.
PERRY.
23-85. Boundaries.
PICK AWAY.
HANCOCK.
See page 26.
See page 26.
HARDIN.
HARRISON.
23-52. Boundaries.
23-53. Boundaries.
HIGHLAND.
HOCKING.
PIKE.
PREBLE.
23-88. Boundaries.
RICHLAND.
See page 39.
ROSS.
23-86. Pickaway county laid off; its boundaries.
23-87. Boundaries.
23-54. Boundaries.
23-55. Two townships attached to Jackson county; when
to take effect.
23–89. Boundaries of Ross county.
SCIOTO.
HOLMES.
23-90. Boundaries of the county of Scioto.
23–56. Boundaries of Holmes county.
SENECA.
23-57. To change boundary between Holmes and Knox
counties.
SHELBY.
23-58. Proposition to be submitted to vote of electors of
both counties.
HURON.
23-59. Boundaries; when to be organized; to what
counties attached.
23-60. Certain tracts of country attached to Huron
county.
23-61. Boundaries.
JACKSON.
JEFFERSON.
See page 39.
23-91. Boundaries; proviso as to jurisdiction.
STARK.
23-92. Boundaries.
23-93. Boundaries of Wayne county.
SUMMIT.
23-94. Boundaries of Summit county.
TRUMBULL.
23-95. Boundaries of Trumbull county.
23-62. Boundaries of Jefferson county.
LAKE.
23-63. Boundaries of Lake county.
TUSCARAWAS.
23-96. Boundaries.
UNION.
23-97. Boundaries of Union county.
15
Tit. I.
COUNTIES.
Div. 2, Ch. 2.
SECTION
23-98. Certain territory attached to Logan county.
23-99. Part of Franklin county attached to Madison
county.
See page 42.
VAN WERT.
VINTON.
23-100. Boundaries of Vinton county.
23-101. The township of Ward in Athens county attached
to Hocking county.
23-102. Certain sections in Gallia county attached to and
form a part of Jackson county.
23-103. Certain sections of the act to erect the county of
Vinton construed.
WASHINGTON.
23-104. Boundaries of Washington county.
WAYNE.
23-105. Boundaries of Wayne county.
See page 44.
WILLIAMS.
WYANDOT.
23–106. Boundaries of Wyandot county.
23-107. Eastern and southern boundaries of Crawford
county extended.
23-108. Power of commissioners as to fractional town-
ships.
23-109. What as to territory taken from Hardin county;
what as to territory taken from Hancock
county.
WARREN, BUTLER, MONTGOMERY, AND GREENE.
(From Hamilton and Ross.)
23-110. Boundaries of the county of Warren.
23-111. Boundaries of the county of Butler.
23-112. Boundaries of the county of Montgomery.
23-113. Boundaries of the county of Greene.
GEAUGA.
(From Trumbull.)
23-114. Boundaries of the county of Geauga.
PORTAGE, ASHTABULA, AND CUYAHOGA.
(From Trumbull and Geauga.)
23–115. Boundaries of Portage county; proviso.
23-116. Boundaries of Ashtabula; proviso.
23-117. Part of county attached to Geauga county; pro-
viso.
23-118. Boundaries of Cuyahoga county; proviso.
LICKING, KNOX, AND RICHLAND.
(From Fairfield.)
23-119. Boundaries of Licking county.
23-120. Boundaries of Knox county.
23-121. Boundaries of Richland county; commencement.
ALLEN,
CRAWFORD,
HANCOCK,
HARDIN,
HENRY,
MARION, MERCER, PAULDING, PUTNAM, SANDUSKY,
SENECA, VAN WERT, WILLIAMS AND WOOD.
23-122. Boundaries of Allen, Crawford, Hancock,
Hardin, Henry, Marion, Mercer, Paulding,
Putnam, Sandusky, Seneca, Van Wert, Wi-
liams, and Wood counties.
23–123. Certain counties attached to adjoining counties.
ATTACHING AND DETACHING.
23-124. Certain tract attached to Jefferson county.
23-125. True intent and meaning of certain act declared.
23-126. What part attached to Tuscarawas county.
23-127. Part of Franklin annexed to Delaware county.
23-128. Part of Ashtabula attached to Trumbull county.
23-129. Boundaries of Cuyahoga established.
23-130. The county of Medina erected.
23-131. Boundaries.
23-132. Boundaries.
23-133. Eleven square miles of Warren county attached
to Clinton; manner of laying off and survey-
ing the same.
23-134. The line between Clinton and Highland counties
established.
23-135. Part of Highland county adjoining Clermont
county attached to Clinton county; expenses :
how paid.
23-136. Description of the territory set off.
23-137. Description of the territory attached; justices to
continue in office; suits not affected by this act.
23-138. Proviso as to "fractional townships in Clarke
Proviso_as_to"fractional
county.
SECTION
23-139. Part of Lawrence attached to Scioto county; suits
not affected by this act; when to take effect.
23-140. Part of Gallia attached to Lawrence county;
suits not affected by this act.
23-141. Part of Morgan county attached to Monroe
county.
23-142. Part of Lawrence county attached to Scioto
county.
23-143. Part of Shelby county attached to Mercer county.
23-144. Certain part of Medina attached to the county of
Lorain.
23-145. Part of Lorain attached to Cuyahoga.
23-146. No. 3 attached to Medina.
23-147. The western boundary of Portage county defined.
23-148. Allen attached to Mercer county.
23-149. South half of certain sections in Licking county
attached to Thorn township in Perry county.
23-150. Certain sections in Lawrence county attached to
Gallia county.
23-151. Certain sections in Gallia county attached to
Lawrence county.
23-152. Part of Clay township in Ottawa county attached
to Sandusky county.
23-153. Territory taken from Hancock county and an-
nexed to Wyandot county not to be held liable
for certain taxes.
23-154. Certain sections detached from Ashland and at-
tached to Richland county.
23-155. Certain sections in Morrow county attached to
Richland county.
23-156. Certain sections in Fairfield county attached to
Franklin county.
23--157. Certain sections attached to Madison township,
Franklin county.
ALTERING.
23-158. Alteration of the boundaries of Hamilton,
Wayne, and Knox counties.
23-159. Line of division between the counties of Wash-
ington and Jefferson.
23-160. Part of Gallia attached to Scioto.
23-161. Boundary.
23-162. Part of Washington attached to Athens county.
23-163. Part of Athens attached to Washington county.
23-164. Boundaries of Cuyahoga county.
23-165. Boundaries of Huron county.
23-166. Boundaries of Portage county.
23-167. Certain sections of Washington county attached
to Athens county; certain sections of Athens
county attached to Washington county.
23-168. Portion of the boundary line between Stark
and Tuscarawas counties altered.
23-169. Certain sections in Stark county attached to
Tuscarawas.
23-170. Change in the boundary line between Logan
and Shelby counties.
23-171. To be submitted to a vote of the electors Octo-
ber 9, 1883.
23-172. Boundary line between Auglaize and Logan
counties.
23-173. To be voted on in November, 1888.
ALTERING AND ESTABLISHING BOUNDARY.
23-174. Boundary line between Clarke and Madison
counties.
ESTABLISHING BOUNDARIES.
23-175. Surveyors directed to ascertain the dividing
lines of certain counties; lines to be marked
and miles numbered; to make out two plats,
etc.
23-176. Boundary; when to take effect.
23-177. Boundary line between Adams and Brown
counties.
23-178. Eastern boundary of Champaign county.
23-179. Eastern boundary of Clarke county.
23-180. Boundary between Madison and Union coun-
ties.
23-181. Eastern boundary line of Champaign county.
23-182. Boundary line between Logan and Union
counties.
23-183. How boundary line between Madison county
and Union county surreyed.
23-184. Boundaries of Ashtabula, Geauga, Cuyahoga,
and Lorain counties.
23–185. Boundary line between the counties of Madi-
son and Union.
23-186. Boundary line between Madison and Union
established.
23-187. Boundary line between Hardin and Logan.
16
§ (23—8).
COUNTIES.
Tit. I, Div. 2, Chap. 2.
ADAMS.
(23-8) [Boundaries of Adams county.] Beginning upon the Ohio
river, at the upper boundary of that tract of twenty-four thousand acres
of land, granted unto the French inhabitants of Gallipolis, by an act of the
congress of the United States, bearing date the third of March, 1795; thence
down the said Ohio river, to the mouth of Elk river, (generally known by
the name of Eagle creek) and up with the principal water of the said Elk
river or Eagle creek, to its source or head; thence by a due north line, to the
southern boundary of Wayne county, and easterly along said boundary, so far
that a due south line shall meet the interior point of the upper boundary of
the aforesaid tract of land of twenty-four thousand acres, and with the said
boundary to the place of beginning. [Proclamation issued July 10, 1797.]
(23-9) [Alteration of eastern boundary of Adams county.] To be-
gin on the bank of the Ohio, where Elk river or Eagle creek empties into the
same, and run from thence due north, until it intersects the southern bound-
ary of the county of Ross; and all and singular the lands lying between the
said north line and Elk river or Eagle creek shall, after the said first day of
September next, be separated from the county of Hamilton, and added to the
county of Adams. [Proclamation issued August 20, 1798.]
See ? (23-177).
ALLEN.
An act to organize the county of Allen. (29 v. 94.)
For boundaries see (23-122).
ASHLAND.
(23-10) [Boundaries of Ashland county.] All that part of the
counties of Richland, Wayne, Huron, and Lorain, within the boundaries
hereinafter described, be, and the same is hereby laid off and erected into
a separate county, which shall be known by the name of Ashland; com-
mencing on the southern line of the township of Lake, in Wayne coun-
ty, at a point one mile west of the southeast corner of said township,
where the section line meets the south line of said township; thence
north along said section line, in said township, and continuously upon the
same section line, through the townships of Mohican, Perry, and Jackson, in
said county of Wayne, to the north line of said county; thence west, on the
said north line of Wayne county, to the point where the east line of the
township of Sullivan, in Lorain county, intersects said north line of Wayne
county; thence north, on the east line of said township of Sullivan, to the
northeast corner of said township; thence west, along the north line of
the townships of Sullivan and Troy, in Lorain county, and continuously
along the north line of the township of Ruggles, to the point where said
west line meets the north line of Richland county; thence east, on the north
line of Richland county, to the east line of section five, in Clear Creek town-
ship, in said county; thence south, along said sectional line, through Clear
Creek and Milton townships, to the point where it intesects the Blackfork
stream of the Mohican; thence, along the center of said stream, to the west
line of section eleven, in Mifflin township; thence south, along said sectional
line, through Mifflin township, and into Monroe township, to the south-
west corner of section fourteen, in said township; thence east two miles,
to the western line of Greene township; thence along the western line of
Greene and Hanover townships, to the southern boundary of Richland
county; thence east, along the southern line of Hanover township, to the
southeast corner of said county; thence north, along the eastern line of Han-
over and Greene townships, to the southwest corner of Lake township, in
17
Tit. I, Div. 2, Chap. 2.
COUNTIES.
§ (23-11).
Wayne county; thence east, along the southern line of said township, to the
place of beginning. [44 v. 172.]
(23-11) [Name of townships where they have been divided.]
When any of the townships in either of said counties shall be divided by
this act, the principal part of the territory thereof falling either within
or without the limits of the new county of Ashland, shall retain the name
and organization of such township, in the county where such principal part
of such territory may be situate; and where the lesser fractional parts of such
townships shall remain in the counties of Richland and Wayne, it shall be the
duty of the commissioners of said counties to attach such fractional town-
ships to other townships, in their respective counties, or to organize them into
new townships, as they may deem expedient: provided, that the inhabit-
ants of the fractional township of Mifflin falling within the limits of the
county of Ashland, shall be organized into a separate township, and hold
their election at such place as shall be designated by the judges of the court
of common pleas of the county of Ashland, until otherwise organized by law;
and so much of the fractional township of Monroe as falls within the limits
of the county of Ashland, shall be, and hereby is attached to the township of
Greene, until otherwise provided by law. [Sec. 12, 44 v. 172.]
Rest of act relates to organization.
See ? (23-154).
ASHTABULA.
(23-12) [County organized.] The county of Ashtabula be, and the
same is hereby organized into a separate county. [9 v. 42.]
(23-13) [Townships No. 8 attached to Ashtabula county.] That
the townships numbered eight, in Trumbull county, shall be attached to and
become a part of the county of Ashtabula: provided, that all suits and actions,
whether of a civil or criminal nature, which shall be pending, and all crimes
which shall have been committed in the aforesaid townships numbered eight,
previous to the taking effect of this act, shall be prosecuted to final judgment
and execution in the county of Trumbull. [Sec. 3, 9 v. 42.]
Rest of act relates to organization.
See ?? (23-117), (23—184), (23—128).
ATHENS.
(23-14) [Boundaries.] So much of the county of Washington as is
contained in the following boundaries, be and the same is hereby erected into
a separate county, which shall be known by the name of Athens, to wit: be-
ginning at the southwest corner of township number ten, range seventeen;
thence easterly with the line between Gallia and Washington counties, to the
Ohio river; thence up said river to the mouth of the big Hockhocking river;
thence up the said 'Hockhocking river to the east line of township number
six, of the twelfth range; thence north on said line to the northeast corner
of the eighth township, in the said twelfth range; thence west to the east
line of Fairfield county; thence south on said county line and the line of
Ross county, to the place of beginning. [3 v. 283.]
Rest of act relates to organization.
See ?? (23-161), (23—167).
AUGLAIZE.
(23-15) [Boundaries of Auglaize county.] Such parts of the counties
of Allen and Mercer as are included within the boundaries hereinafter
described, be and the same are hereby erected into a separate and distinct
county, which shall be known by the name of Auglaize, to wit: beginning
at the northeast corner of Shelby county; thence west on the north line of
Shelby county to the southwest corner of section thirty, in township number
six, south, of range number five, east; thence south on the township line to
3
18
§ (23—16).
COUNTIES.
Tit. I, Div. 2, Chap. 2.
the southeast corner of section thirty-six, in township number seven, south,
of range number four, east; thence west on the township line to the south-
east corner of section thirty-one, in said township; thence south on the
section line to the Darke county line; thence westerly on said line to the
southwest corner of section seven, in township number eight, south, of range
number four, east; thence north on the township line to the northwest corner
of section nineteen, in township number four, south, of range number four,
east; thence east on the section line to the northeast corner of section twenty-
four, in township number four, south, of range number five, east; thence south
on the township line to the northeast corner of section thirty-six, in said
township; thence east on the section line to the northeast corner of sec-
tion thirty-six, in township number four, south, of range number six,
east; thence south to the southeast corner of said section; thence east on
the township line to the northeast corner of section one, in township number
five, south, of range number eight, east; thence south on the Hardin county
line to the north line of Logan county; thence west on the Logan county
line to the northwest corner of said Logan county; thence south on the
Logan county line to the place of beginning. [46 v. 128.]
(23-16) [Certain townships and sections in Putnam and Mercer
counties attached to Allen county.] Townships number two, south, of ranges.
number seven and eight, east; the south half of townships number two, south,
of ranges number five and six, east; and sections thirty-one, thirty-two,
thirty-three, thirty-four, thirty-five, and thirty-six, in township number one,
south, of range number eight, east, in Putnam county; the east half of town-
ship number three, south, of range number four, east, in Van Wert county;
and the northeast quarter of township number four, south, of range number
four, east, in Mercer county, be, and the same are hereby attached to and
made part of the county of Allen. [46 v. 128.]
(23-17) [Certain fractional townships in Darke county to be
attached to Mercer county.] Fractional townships number fifteen,' ranges
number one and two, east; and fractional townships, number twelve and thir-
teen, of ranges number three and four, east, in Darke county, be, and the same
are hereby attached to and made part of the county of Mercer. [46 v. 128.]
(23-18) [Certain territory in Van Wert county attached to Putnam
county.] The east half of township number one, south, of range number four,
east, in Van Wert county, be and the same is hereby attached to and made
part of the county of Putnam: and that the northwest quarter of township
number four, south, of range number four, east, in Mercer county, be, and the
same is hereby attached to and made a part of the county of Van Wert.
[46 v. 128.]
(23-19) [Powers of county commissioners as to fractional town-
ships.] The county commissioners of each of the counties affected by the
passage of this act, shall have power, immediately upon the passage thereof,
to attach such townships or parts of townships, as shall, by reason of the
passage of this act, fall below the legal number of square miles, to any adjacent
township in their respective counties, or to organize said parts of townships
into separate townships and add any adjacent territory to the same that they
may deem expedient. [Sec. 10, 46 v. 128.]
Rest of act relates to organization.
See ? (23-172.)
BELMONT.
(23-20) [Boundaries of Belmont county.] Beginning on the Ohio
river, at the middle of the fourth township of the second range of townships,
19
Tit. I, Div. 2, Ch. 2.
COUNTIES.
§ (23—21).
in the seven ranges, and running with the line between the third and fourth
sections of that township north, to the western boundary of the said seven
ranges; thence south with the said western boundary, to the middle of the
fifth township, in the seventh range of townships; thence east, with the line
between the third and fourth sections of the said fifth township, to the Ohio
river, and from thence with the Ohio river, to the place of beginning. [Proc-
lamation issued Sept. 7, 1801.]
BROWN.
(23-21) [Boundaries.] So much of the counties of Adams and Clermont
as comes within the following boundaries, be, and the same is hereby erected
into a separate and distinct county, which shall be known by the name of
Brown, to wit: beginning at a point eight miles due west from the court
house in the town of West Union, in the county of Adams; thence running
due north to Highland county line; thence west with Highland county line
to Clermont county line; thence north with Clermont county line to Clinton
county line; thence west with Clinton county line so far that a line running
south will strike the Ohio river two miles above the mouth of Bullskin creek;
thence up the Ohio river and with the same so far that a line running due
north will intersect the point of beginning. [16 v. 29.]
Rest of act relates to organization.
See ? (23-177.)
BUTLER.
[For the boundaries of Butler county, see §§ (23-111), (23—176), (23—88),
(23-132).]
CARROLL.
•
(23-22) [Boundaries defined.] So much of the counties of Colum-
biania, Stark, Tuscarawas, Harrison, and Jefferson, as comes within the
following boundaries, be, and the same is hereby erected into a separate
county, which shall be known by the name of Carroll, to wit: beginning at
the southeast corner of section one, in township thirteen, range four, in the
county of Columbiana; thence north six miles to the northeast corner of
section six, in township and range aforesaid; thence west three miles to the
northwest corner of section eighteen, township and range aforesaid; thence
north six miles to the northeast corner of section four, township fourteen,
range aforesaid; thence west seventeen miles to the northwest corner of section
two, township seventeen, range seven, in Stark county; thence south between
five and six miles to the southwest corner of section twenty-six, township and
range aforesaid; thence west four miles to the northwest corner of section
thirty-six, township sixteen, range aforesaid; thence south six miles to the
southwest corner of section thirty-one, township and range aforesaid; thence
east three miles to the northwest corner of section eighteen, in township
fifteen, in range aforesaid, in Tuscarawas county; thence south nine miles to
the southwest corner of section sixteen, in township fourteen, range aforesaid;
thence east seventeen miles to the southeast corner of section twenty-eight,
township eleven, range four, in Jefferson county; thence north three miles to
the northeast corner of section thirty, township and range aforesaid; thence
east one mile to the northeast corner of section twenty-four, township and
range aforesaid; thence north six miles to the northeast corner of section
twenty-four, in township twelve, range aforesaid; thence east three miles to
*he place of beginning. [31 v. 8.]
(23-23) [Part of Columbiana county attached to Jefferson.] All
that part of Columbiana county lying within the following boundaries, to wit:
beginning at the northeast corner of section three, in township thirteen, range
four; thence due east six miles to the northeast corner of section three, in
20
COUNTIES.
§ (23-24).
Tit. I, Div. 2, Ch. 2.
township twelve, range three; hence south one mile, to the southeast corner
of section three, township and range aforesaid; thence due east to the Ohio
river; thence down the river with the meanderings thereof to the termination
of the eastern boundary line of Jefferson county, on the said river; thence
west along the present boundary line between the counties of Columbiana and
Jefferson, to the southeast corner of section one, in township thirteen, range
four; thence north three miles to the place of beginning, be and the same is
hereby attached to and made part of the county of Jefferson. [31 v. 8.]
So
(23-24) [Part of Tuscarawas county attached to Harrison.]
much of the county of Tuscarawas as lies within the following boundaries, to
wit beginning at the southwest corner of section sixteen, in township four-
teen, range seven; thence south nine miles to the north boundary line of
township twelve, range aforesaid; thence east three miles to the northwest
corner of township eleven, in range six; thence north six miles with the town-
ship line to the northwest corner of number twelve, range aforesaid; thence
east by the township line three miles; thence north three miles to the south-
west corner of section sixteen in township thirteen, range six; thence west
six miles to the place of beginning, be, and the same is hereby attached to and
made a part of the county of Harrison. [31 v. 8.]
Rest of act and also 31 v. 14 relates to organization.
CHAMPAIGN.
(23--25) [Boundaries.] So much of the counties of Green and Frank-
lin, as comes within the following boundaries, be and the same is hereby
erected into a separate and distinct county, which shall be known by the name
of Champaign, viz: beginning where the range line between the eighth and
ninth ranges, between the Great and Little Miami intersects the eastern
boundary of the county of Montgomery; thence east to the eastern boundary
of the county of Green, and to continue six miles into the county of Frank-
lin; thence north to the state line; thence west with said line until it inter-
sects the said eastern boundary of the county of Montgomery; thence to the
place of beginning. [3 v. 285.]
Rest of act relates to organization.
See ?? (23—178), (23—181), (23—137).
CLARKE.
(23-26) [Boundaries.] So much of the counties of Champaign,
Madison, and Greene, as comes within the following boundaries, be, and the
same is hereby erected into a separate county, which shall be known by the
name of Clarke, to wit: beginning on the line between the counties of Miami
and Champaign, on the north boundary of the fifth tier of sections in the
tenth range between sections thirty-five and thirty-six, thence east with the
sectional line between the fifth and sixth tier of sections in said range to the
line between the United States land and the Virginia military land; thence
eastwardly to the line of Madison county; thence southwardly with the line
of Madison county to a point on said line six miles north of the southeast
corner of Champaign county; thence diagonally so as to intersect the south
line of Champaign county two miles west of the southeast corner of said
county; thence west with the line of Champaign county one mile; thence south
five and a half miles into Madison county; thence west to the line of Greene
county; thence to continue west five miles in said county of Greene; thence
north one-half mile; thence west to the line between townships four and five
in the eighth range; thence north with said township line to the line between
sections three and four; thence west with said sectional line to the line of the
third township; thence north with said line to the sectional line between the
fourth and fifth tier of sections in said range; thence westwardly with said
21
Tit. I, Div. 2, Ch. 2.
COUNTIES.
§ (23-27).
line to the east line of Montgomery county; thence north to the southwest cor-
ner of Champaign county; thence north with the line between the counties of
Miami and Champaign to the place of beginning. [16 v. 33.]
Rest of act relates to organization.
Whereas it has been represented to the general assembly of the state of
Ohio that the act of which this is an amendment, requires the line between
the counties of Greene and Clarke, to be run by given courses, to known and
established points, and that the courses given will not run to those points;
therefore,
(23-27) [How line between Greene and Clarke counties shall be
run.] The line between the counties of Greene and Clarke, so far as said line
shall run through said county of Greene, shall be run in the following manner,
to wit: from the Greene county line, where it first strikes said county line;
thence to continue west five miles, in said county of Greene; thence north
one half mile; thence such a course west as will strike the line between the
townships four and five, on the north side of the Little Miami river, in the
eighth range; thence north with said township line to the line between sec-
tions three and four; thence west with said sectional line to the line of the
third township; thence north with said line to the sectional line between the
fourth and fifth tier of sections, in said range; thence westwardly with said
line to the east boundary line of Montgomery county. [17 v. 60.]
See ?? (23-174), (23-179).
CLERMONT.
(23-28) [Boundaries of Clermont county.] Beginning at the mouth
of Nine-mile or Muddy creek, where it discharges itself into the Ohio, and
running from thence with a straight line, to the mouth of the east branch of
the Little Miami river; thence with the Little Miami river, to the mouth of
O'Banion's creek; thence with a due east line, until it shall intersect a line
drawn due north from the mouth of Elk river or Eagle creek; thence with
that line south, to the mouth of the said Elk river or Eagle creek, and from
thence with the Ohio, to the place of beginning. [Proclamation issued Dec. 6,
1800.]
CLINTON.
(23-29) [Clinton county erected: its boundaries.] All those parts
of the counties of Warren and Highland within the following boundaries, be
and the same are hereby erected into a separate county, to be known by the
name of Clinton: beginning at the southeast corner of Greene county, running
east five miles; thence south to Highland county line; thence west with said
line, within four miles of the eastern line of Warren county; thence south-
wardly so far as to intersect a line one mile east from the southeast corner of
Warren county; thence west and from the beginning west, so far that a line
Routh will leave Warren county a constitutional boundary. [8 v. 236.]
Rest of act relates to organization.
See ?? (23-131), (23—133), (23—134), (23—135).
COLUMBIANA.
(23-30) [Boundaries of the county of Columbiana.] All that part of
the counties of Jefferson and Washington as comes within the following
boundaries, be, and the same is hereby laid off and erected into a separate
county, which shall be known by the name of Columbiana: beginning at the
north of Yellow Creek, on the north side of the same; thence up said creek,
with the meanders thereof, to the northern boundary of the eighth township
in the second range; thence with the same west, to the western boundary of
the seventh range; thence north, to the northwest corner of the sixteenth
22
COUNTIES.
§ (23—31).
Tit. I, Div. 2, Ch. 2.
township in the said seventh range; thence west, on the south boundary of
the ninth townships in the eighth and ninth ranges to the Muskingum river;
thence up the said river, with the meanders thereof, to the southern boundary
of the county of Trumbull; thence with the same east, to the Pennsylvania
line; thence with the said line south, to the Ohio river; thence down the
same, with the meanders thereof, to the beginning. [1 v. 15.]
Rest of act relates to organization.
COSHOCTON.
(23-31) [County of Coshocton erected: its boundaries.] All those
parts of the counties of Muskingum and Tuscarawas, lying in the following
boundaries, be, and the same is hereby erected into a separate county, by the
name of Coshocton, beginning at the southwest corner of the fourth township
of the ninth range (United States military lands); thence east with the line
between the third and fourth tier of townships, to the center of the fourth
range; thence north through the center of said range, to the line between the
fourth and fifth tier of townships; thence east to the line between the third
and fourth ranges; thence north to the line between the sixth and seventh
tier of townships; thence west with said line, to the line between the fourth
and fifth ranges; thence north with said line to the Indian boundary; thence
westerly with said boundary line, to the line between the ninth and tenth
ranges; thence south with said line, to the place of beginning. [8 v. 81.]
Rest of act relates to organization.
An act for the organization of the county of Coshocton. (9 v. 32.)
CRAWFORD.
(23-32) [Organization of said county.] The county of Crawford be,
and the same is hereby organized into a separate and distinct county.
[24 v. 46.]
(23-33) [Disposition of certain townships.] Those townships and
fractional townships, in Crawford county, which have heretofore been attached
to, and formed a part of any township in Marion or Seneca counties, respective-
ly, are hereby attached to and declared to be a part of Crawford township in
said Crawford county, till the same shall be otherwise provided for by the
commissioners of said county. This act to take effect, and be in force from
and after the first day of April next. [24 v. 46, Sec. 7.]
Rest of act relates to organization.
See ? (23-122.)
CUYAHOGA.
(23-34) [County of Cuyahoga erected.] The county of Cuyahoga be,
and the same is hereby organized into a separate county. [8 v. 34.]
(23-35) [County of Huron, etc., attached to Cuyahoga county.]
The county of Huron (as designated by an act of the legislature, passed the
seventh day of February, 1809), and also, the lands lying north of township
number four, and west of the fourteenth range of townships, and east of said
Huron county, shall be attached to, and be a part of the county of Cuyahoga,
until the same shall be organized into a separate county, or be otherwise dis-
posed of by law. [8 v. 34.]
Rest of act relates to organization.
See ?? (23-118), (23—145), (23---164), (23-184), (23-129).
For an act to authorize the commissioners of any county containing a city of the
second grade of the first class to contract for printing, stationery," etc. (85 v. 67.)
DARKE.
(23-36) [Boundaries.] So much of the county of Miami as lies west
of the middle of the fourth range of townships, east of the meridian drawn
23
Tit. I, Div. 2, Ch. 2.
COUNTIES.
§ (23-37).
from the mouth of the Great Miami, be, and the same is hereby erected into a
separate county, by the name of Darke. [7 v. 9.]
(23-37) [Attached to Miami county.] The said county of Darke be,
and remain attached to the county of Miami, until the legislature shall think
proper to organize the same. [7 v. 9.]
Rest of act relates to organization.
(23-38) [Said county organized.] The county of Darke be and the
same is hereby organized into a separate county. [15 v. 5.]
DEFIANCE.
(23-39) [Boundaries of Defiance county.] Such parts of the
counties of Williams, Henry, and Paulding, as are embraced in the boundaries
hereinafter described, be, and the same are hereby erected into a separate and
distinct county, which shall be known by the name of Defiance, to wit: be-
ginning on the Indiana state line, where the line between towns five and six,
north, in Williams county, intersects said state line; thence east on said town
line to the east line of range five; thence south on said range line to the
north line of Putnam county; thence west on said Putnam county line to the
east line of Paulding county; thence north on said Paulding county line to
the point where the section line, between sections thirteen and twenty-four,
town three, north, range four, east, intersects said county line; thence west on
section lines to the west line of said township; thence north on said township
line to the present south line of Williams county; thence west on said
Williams county line to the Indiana state line; thence north on the Indiana
state line to the place of beginning. [43 v. 191.]
(23-40) [Powers of the commissioners of Paulding county to attach
certain territory, etc.] That the commissioners of Paulding county shall
have power, immediately upon the passage of this act, to attach the south
half of Auglaize township, to any adjacent township in such county, or to
organize said half township into a separate township, and to add any adjacent
territory to the same, if they shall deem it expedient, just and proper to do
so; which power shall extend to the commissioners of the county of Defiance,
for the purpose of disposing of the north half of Auglaize township. [Sec. 5,
43 v. 191.]
Rest of act relates to organization.
DELAWARE.
(23-41) [Boundaries.] That all that part of Franklin county included
in the following bounds, be, and the same is hereby laid off and erected into
a separate and distinct county, by the name of Delaware, viz: beginning at
the southeast corner of township number three, in the sixteenth range of the
United States military district; thence west, with the line between the second
and third tier of townships, to the Scioto river, and continued west, to the
east boundary of Champaign county; thence, with the said boundary, north,
to the Indian boundary line; thence eastwardly, with said line, to the point
where the north and south line between the fifteenth and sixteenth ranges
of the said United States military district intersects the same; thence south,
with the said last-mentioned line to the place of beginning. [6 v. 29.]
Rest of act relates to organization.
See ? (23-127.)
For an act to locate line between Union and Delaware counties, see 26 v. 83.
ERIE.
(23-42) [Boundaries of Erie county; where the seat of justice
established; shall include Cunningham's Island.] That such parts of the
counties of Huron and Sandusky, as are embraced by the boundaries herein-
24
§ (23-43).
COUNTIES.
Tit. I, Div. 2, Ch. 2.
after described, be, and the same are hereby erected into a separate and
distinct county, which shall be known by the name of the county of Erie,
and the seat of justice in and for said county, shall be, and is hereby fixed
and established at Sandusky City, to wit: beginning at a point on the east
line of Oxford township, in the county of Huron, one mile north of the south-
east corner thereof, thence, northerly on the said east line and in the same
direction, to the Canada line; thence westerly along said Canada line to a point
therein directly opposite the west line of the township of Portage, in Sandusky
county; thence southerly, parallel with the east line of said Sandusky county,
to the northwest corner of the township of Townsend in Sandusky county;
thence east to the west boundary of Huron county; thence south on said
west boundary of Huron county, to a point one mile north of the south line
of the township of Groton, in said county of Huron; and from thence to the
place of beginning: provided, and it is hereby declared, that if the east line
of said county of Erie, as above described, will not include the whole of
Cunningham's Island, in Lake Erie, then, and in that case, said line shall be
so far varied from the south shore of said lake, to the said Canada line, that it
will embrace the whole of said Cunningham's Island. [36 v. 60.]
(23-43) An Act to organize the county of Erie.
FAIRFIELD.
[36 v. 66.]
(23-44) [Boundaries of Fairfield county.] Beginning at a point in
the east line of the fifteenth range of townships, and west of the fourteenth
range, as surveyed in pursuance of the ordinance of congress of the 20th of
May, 1795, where the said line intersects the south boundary line of the mili-
tary land, and running from thence north, until it intercepts the Indian
boundary line; thence returning to the before-mentioned, and running south
by the said range line between the fourteenth and fifteenth ranges, until it in-
tersects the north boundary line of the Ohio company's purchase; thence with
the said northern boundary line due west, to the northwest corner of the said
Ohio company's purchase; thence south, six miles; thence with a line drawn
due west, until it intersects the western boundary of the twentieth range of
townships; thence with the western boundary of the said twentieth range, to
the before-mentioned Indian boundary line, and with that line of limit to the
before-mentioned intersection of that boundary line. (Proclamation issued
Dec. 9, 1800.)
See ? (23-156).
FAYETTE.
(23-45) [Fayette county erected: its boundaries.] All those parts
of Ross and Highland counties, included in the following boundaries, be, and
the same are hereby laid off and erected into a separate and distinct county,
which shall be called and known by the name of Fayette, to wit: beginning
at the southwest corner of the county of Pickaway; thence north with the line
of said county, to the corner of Madison; thence west with the line of said
Madison county, to the line of Greene county; thence south with Greene
county, to the southeast corner thereof; thence east five miles; thence south
to the line of Highland county; thence east with said line, to Paint creek;
thence a straight line to the place of beginning. [8 v. 138.]
Rest of act relates to organization.
FRANKLIN.
(23-46) [Boundaries of the county of Franklin.] All that part of the
county of Ross, contained within the following boundaries, to wit: beginning
on the western boundary of the twentieth range of townships east of the Scioto
river, at the corner of sections number twenty-four and twenty-five, in the
25
COUNTIES.
Tit. I, Div. 2, Ch. 2.
$ (23-47).
ninth township of the twenty-first range, surveyed by John Matthews; thence
west, until it intersects the eastern boundary line of Green county; thence
north with said line until it intersects the state line; thence eastwardly with
the said line to the northwest corner of Fairfield county; thence with the
western boundary line of Fairfield to the point of beginning, shall form a sep-
arate and distinct county, to be called by the name of Franklin. [1 v. 26.]
Rest of act relates to organization.
See 22 (23-156), (23-157), (25-127), (23-136).
FULTON.
(23-47) [Boundaries of Fulton county.] Such parts of the counties
of Lucas, Henry and Williams, as are embraced in the boundaries hereinafter
described, be, and the same are hereby created into a separate and distinct
county, which shall be known by the name of Fulton, to wit: beginning on
the state line between the states of Ohio and Michigan, at the northeast corner
of township nine, south of range four, east of the Michigan meridian; thence
south on the township line to the southeast corner of town ten, south of range
four, east, on the Fulton line; thence west on said Fulton line to the northeast
corner of town eight, north of range eight, east; thence south to the southeast
corner of section number twelve in township six, north of range eight, east;
thence west on section lines to the southwest corner of section number seven
in township six, range five, east, on the county line between the counties of
Henry and Williams; thence north on said line to the southeast corner of
town seven, north of range four, east; thence west on said township line to
the southwest corner of section number thirty-five in said town seven, north
of range four, east; thence north on section lines to the Fulton line; thence
west on said Fulton line to the southwest corner of section number eleven, in
town ten, south of range one, west of the Michigan meridian; thence north on
section lines to said state line; thence easterly with said state line to the place
of beginning. [48 v. 682.]
(23-48) [The limits of Lucas extended so as to restore its constitu-
tional amount of territory.] For the purpose of restoring to the county of
Lucas its constitutional amount of territory, the eastern limits of said county
shall be extended in the manner following: beginning on the Fulton line, at
the southeast corner of town ten, south of range nine east; thence east on said
Fulton line to Lake Erie; thence in the most direct line, in a northeast direc-
tion, to the line between the American and British governments in Lake Erie;
thence westerly on said line to the dividing line between the states of Ohio
and Michigan; and thence on said line to the northerly cape of the Maumee
bay. (Sec. 8, 48 v. 682.)
Rest of act relates to organization.
GALLIA.
(23-49) [Boundaries of Gallia county.] All that part of the county
of Washington, included within the following boundaries, viz: beginning at
the mouth of Shade river, thence up the same, with the meanders thereof,
until it intersects the east and west line between the third and fourth town-
ships in the eleventh range: thence west with the same to the east boundary
of Ross county; thence south with the same, to the northeast corner of the
county of Adams; thence with the easterly boundary of the same to the Ohio
river; thence up the same, with the meanders thereof, to the place of begin-
ning, shall compose a new county, called and known by the name of Gallia.
(1 v. 19.)
Rest of act relates to organization.
See ?? (23-150), (23—151), (23—160), (23—161), (23-140).
26
§ (23-50).
COUNTIES.
GEAUGA.
Tit. I, Div. 2, Ch. 2.
For the boundaries of Geauga county, see $$ (23-114), (23—117), (23—164),
(23-63).
GREENE.
For the boundaries of Greene county, see §§ (23—25), (23—26), (23—27).
GUERNSEY.
(23-50) [A new county erected by the name of Guernsey: its
boundaries.] All that part of the counties of Muskingum and Belmont,
within the following boundaries, be, and the same is hereby erected
into a separate county, to be known by the name of Guernsey: begin-
ning at the center of the fourth range, on the line between the fourth
and fifth tier of townships, in said range (of the United States military
lands); thence east with said line, to the western boundary of the sev-
enth range; thence south, to the southwest corner of the county of Tuscara-
was; thence east, through the center of the eleventh township of the seventh
range (of congress lands) to the line between the sixth and seventh ranges;
thence south with said line, to the northern boundary of the county of Wash-
ington; thence west with the said boundary, through the center of the fifth
township of the seventh range, to the western line of said seventh range; thence
north, to the center of the sixth township of the eighth range; thence west
with the northern boundary of Washington county, to the line between the
tenth and eleventh ranges; thence north with the said line, to the southern
boundary of the United States military lands; thence west with the said line,
to the southwest corner of the first township in the fourth range; thence north,
to the northwest corner of the third township of the fourth range; thence
east, to the center of the fourth range; thence north, to the place of begin-
ning. [8 v. 65.]
Rest of act relates to organization.
HAMILTON.
(23-51) [Boundaries of Hamilton county.] Beginning on the bank
of the Ohio river, at the confluence of the Little Miami, and down the said
Ohio river to the mouth of the Big Miami, and up said Miami to the stand-
ing stone forks or branch of said river, and thence with a line to be drawn
due east, to the Little Miami, and down said Little Miami river to the place
of beginning. [Proclamation issued Jan. 2, 1790.]
See ?? (23-158), (23—176).
HANCOCK.
An Act to organize the county of Hancock. (26 v. 5.)
See ? (23-123.)
HARDIN.
An Act to organize the county of Hardin. (31 v. 10.)
See ? (23-187).
HARRISON.
(23-52) [Boundaries.] All that part of the counties of Jefferson and
Tuscarawas, included within the following limits, to wit: beginning at the
point on the range line, between the third and fourth ranges of townships
in the Steubenville district, where the north line of the county of Belmont
crosses the same; thence north, on the range line to the center of township
number eleven in the fourth range; thence west through the center of said
township until it intersects the range line between the fourth and fifth
27
COUNTIES.
Tit. 1, Div. 2, Ch. 2.
$ (23-53).
ranges; thence north to the south boundary line of Columbiana county;
thence west with the southern boundary line of Columbiana and Stark counties
to the center of township number fourteen in the sixth range; thence south
through the fourteenth and thirteenth townships to the south boundary line.
of the thirteenth township in the sixth range; thence west with said township
line to the line between the sixth and seventh ranges; thence south with said
range line to the line between the twelfth and thirteenth townships of the
seventh range; thence west to the west boundary line of the seventh range;
thence south with said range line to the northern boundary line of Guernsey
and Belmont counties; thence east with said county line to the line of be-
ginning, shall be a separate and distinct county by the name of the county
of Harrison. [11 v. 11.]
Rest of act relates to organization.
HENRY.
[For boundaries of Henry county, see §§ (23-122), (23-67), (23—39),
(23—47).]
HIGHLAND.
(23-53) [Boundaries.] All that part of the counties of Ross, Adams
and Clermont, within the following boundaries, be and the same is hereby
laid off and erected into a separate county, which shall be known by the
name of Highland: beginning at the twenty mile tree, in the line between
Adams and Clermont counties, which is run north from the mouth of Eagle
creek, on the Ohio river, and running thence east twelve miles; thence
northeastwardly until it intersects the line which was run between the
counties of Ross and Scioto and Adams, at the eighteen mile tree from the
Scioto river; thence northwardly to the mouth of the Rocky fork of Paint
creek; thence up main Paint creek, by the bed thereof, including John Watt's
survey of one thousand acres, on which the town of Greenfield is situate, to
the south line of Franklin county; thence with said line west, to the east
line of Greene county; thence with said line south, to the southeast corner
of said county; thence with the south line thereof west, to the northeast
corner of Clermont county, and from the beginning west, to the north fork of
White Oak creek; thence north to the south line of Warren county; thence
with said line east to the corner between Clermont and Warren counties.
[3 v. 256.]
Rest of act relates to organization.
See ?? (23—131), (23—134), (23—135).
HOCKING.
(23-54) [Boundaries.] All those parts of the counties of Ross, Athens
and Fairfield, as are comprised in the following bounds, to wit: beginning
at the northeast quarter of section twenty-five, township fourteen, and range
sixteen; thence south to the southeast corner of the thirteenth township in
the same range; thence west three sections to the southwest corner of section
thirteen in the same township and range; thence south to the southeast
corner of section nineteen, township eleven, and range sixteen; thence west
to the southwest corner of section thirty-one, township twelve, and range
seventeen; thence south to the southeast corner of section thirty-six in town-
ship ten, range eighteen; thence west to the southwest corner of section
thirty-one, in township ten, range nineteen; thence north to the northwest
corner of section thirty, in township twelve, and range nineteen; thence east
to the southeast corner of section twenty-four in said township and range,
thence north to the northwest corner of section eighteen, in township thir-
teen, and range eighteen; thence east to the southeast corner of section twelve,
same township and range; thence north to the northwest corner of section
.
28
(23-55).
COUNTIES.
Tit. I, Div. 2, Chap. 2.
eighteen, township fifteen, range seventeen; thence east to the northeast
corner of section thirteen, in same township and range; thence south two
sections to the southeast corner of the twenty-fourth section in the same
range; thence east to the place of beginning: be and the same is hereby
erected into a separate and distinct county by the name of the county of
Hocking. [16 v. 60.]
} (23-55) [Two townships attached to Jackson county; when to take
effect.] That all that part of the county of Ross, which is comprised within
township number nine, in range number eighteen, and township number
nine, in range number nineteen, of the United States land be, and the same
is hereby attached to, and made a part of the county of Jackson, and all suits.
and prosecutions which may be pending at the taking effect of this act, shall
be prosecuted to final judgment in the same manner as if this act had not
been passed, and all officers within the townships aforesaid, shall hold their
respective offices in the said county of Jackson, until their successors are elected
and qualified. This act shall take effect and be in force from and after the
first day of March next. [Sec. 6, 16 v. 60.]
Rest of act relates to organization.
HOLMES.
(23-56) [Boundaries of Holmes county.] Such parts of the counties
of Coshocton, Tuscarawas, and Wayne, as lies within the boundaries herein.
set forth, be and the same is hereby erected into a separate county, by the
name of Holmes: beginning on the old Indian boundary line, where the east
boundary of Wayne county intersects the same, thence north with the line of
Wayne county, to the northeast corner of section twenty-five, of township
fifteen in range eleven, thence west with the sectional lines to the west
boundary of Wayne county, thence south to the aforesaid old Indian boundary
line, thence with the said Indian boundary line to the northeast corner of
Knox county, thence south with the east line of Knox county, to the line be-
tween the seventh and eighth townships, thence east with the line between the
seventh and eighth tier of townships, to the southeast quarter of section.
twenty-four, of township eight, in range four, thence north to the aforesaid
old Indian boundary line, thence with said Indian boundary line to the place
of beginning. [22 v. 50.]
Rest of act relates to organization.
(23-57) A part of the boundary line between Knox and Holmes be
changed so as to run as follows to wit: Commencing on the said boundary
line at the southwest corner of township 8, of range 9, in Holmes county
and running thence north 49 degrees east 20 rods, thence north 45 degrees
east 56 rods, thence north 28 degrees east 58.56 rods, thence north 14 degrees
east 22.60 rods, thence north 6 degrees west 22 rods, thence north 35.60 rods,
thence north 9 degrees east 44 rods, thence west 8 degrees north 83 rods to
said original boundary line. [92 v. 670.]
(23-58) The proposition to change the boundary line between said
counties as above provided shall be submitted to the qualified electors of said
counties at the next annual election to be held on the Tuesday after the first
Monday of November, 1896, and the proper officers shall cause said question
to be printed on all the ballots below the list of candidates for office, with a
blank space on the left of each question in which to give each elector oppor-
tunity to designate his choice by a cross mark as follows: "Change of county
line-Yes," "Change of county line-No." If a majority of all votes cast in each
county shall be in favor of changing the county line then the boundary between
said counties shall hereafter be established as in section one § (23-57) of this
29
Tit. I, Div. 2, Chap. 2.
COUNTIES.
§ (23-59).
act, and the lands changed hereby shall be transferred to the duplicate of the
county in which they may become situate. [92 v. 670.]
An Act to organize the county of Holmes. (23 v. 21.)
HURON.
23-59) [Boundaries: when to be organized; to what counties at-
tached.] That part of the Connecticut western reserve called the fire lands,
beginning at the southwest corner of said reserve, then north to the north
boundary line of the United States; then easterly along said line, to where
the east line of the twentieth range would intersect said boundary line; then
south along the east line of the twentieth range, to the south line of the said
reserve, which east line of the twentieth range, is the east line of the fire lands,
so called; then west along the south line of said reserve, to the place of be-
ginning, be, and is hereby erected into a county, by the name of Huron, to be
organized whenever the legislature shall hereafter think proper, but to remain
attached to the counties of Portage and Geauga, as already by law provided,
except as hereinafter provided. [7 v. 194.]
Rest of act relates to organization; also as to organization, see 11 v. 113.
(23-60) [Certain tracts of country attached to Huron county.]
All that part of the state of Ohio, lying westwardly of Huron county, north-
wardly of the south line of the Connecticut western reserve extended west-
wardly, and eastwardly of the east line of Champaign county, extended due
north to the north line of the state, be and the same is hereby attached to
Huron county for judicial purposes: provided, that all suits and actions,
whether of a civil or criminal nature, which shall be pending, and crimes
which shall have been committed within the above described territory, shall
be prosecuted to final judgment and execution in the county of Delaware, as
though the territory described in this section, had not been attached to the
county of Huron. This act to take effect and be in force from and after the
first day of April next. [11 v. 113.]
JACKSON.
(23-61) [Boundaries.] All that part of the counties of Scioto, Gallia,
Athens, and Ross, included within the following limits, to wit: beginning at
the northwest corner of township number ten, range number seventeen, and
running thence east to the northeast corner of said township; thence south to
the southeast corner of township number eight in said range; thence west to
the southwest corner of section number thirty-five, in said township; thence
south to the southeast corner of section number thirty-four, in township num-
ber seven, in said range; thence west to the southwest corner of said town-
ship; thence south to the southeast corner of township number five, in range
number eighteen; thence west to the southwest corner of section number
thirty-three, in township number five, in range number nineteen; thence
north to the northwest corner of section number four in said township; thence
west to the southeast corner of Pike county; thence with Pike county line to
the northeast corner of said county; thence north to the northwest corner of,
township number eight, in range number nineteen; thence east to the range
line between the seventeenth and eighteenth ranges; thence north with the
same to the place of beginning, shall be a separate and distinct county by the
name of Jackson. [14 v. 112.]
Rest of act relates to organization.
JEFFERSON.
(23-62) [Boundaries of Jefferson county.] Beginning upon the bank
of the Ohio river, where the western boundary of Pennsylvania crosses it, and
•
30
(23-63).
COUNTIES.
Tit. I, Div. 2, Chap. 2.
ร
down the said river to the southern boundary of the fourth township in the
third range, (of those seven ranges of townships that were surveyed in con-
formity to the ordinance of congress of the 20th of May, 1785) and with the
said southern boundary west, to the S. W. corner of the sixth township of the
fifth range; thence north, along the western boundary of the said fifth range
to the termination thereof; thence due west, to the Muskingum river, and up
the same to and with the Portage, between it and the Cuyahoga river; thence
down Cuyahoga, to Lake Erie; thence easterly, along the shores of the lake,
to the western boundary of Pennsylvania, and south with the same, to the
place of beginning. [Proclamation issued July 29, 1797.]
See ?? (23-159), (23-124), (23-125), (23-126).
KNOX.
[For the boundaries of Knox county, see §§ (23—56), (23—57), (23—58),
(23-120), (23-77), (23-158).
LAKE.
(23-63) [Boundaries of Lake county.] Such parts of the counties
of Geagua and Cuyahoga as are embraced by the boundaries hereinafter de-
scribed, be, and the same are hereby erected into a separate and distinct county,
which shall be known by the name of Lake, and the seat of justice in and for
said county, shall be, and is hereby fixed and established at Painesville, to wit:
beginning at the southwest corner of Willoughby township, in Cuyahoga
county; thence east, to the southeast corner of Kirtland township, in Geauga
county; thence north, to the southwest corner of Concord township; thence
east, to the southwest corner of Thompson township; thence north, to the
line between townships ten and eleven, in Thompson township; thence east,
to the county line of Geauga county; thence north, to the Canada line; thence
west, along said Canada line, to a point directly opposite to the west line of
the township of Willoughby, in Cuyahoga county; thence south, to the place
of beginning. [38 v. 102.]
Rest of act relates to organization.
An Act to organize the county of Lake. (38 v. 171.) ·
LAWRENCE.
(23-64) [Boundaries.] So much of the counties of Scioto and Gallia,
as comes within the following boundaries, viz: beginning on the Ohio river,
at the southeast corner of township number two, in range fifteen; thence west
to the southwest corner of said township; thence north, to the northeast cor-
ner of township three, range sixteen; thence west, to the northwest corner of
said township; thence north, to the northeast corner of township five, in range
seventeen; thence west, to the range line between the seventeenth and eigh-
teenth ranges; thence north, to the northeast corner of township four, range
eighteen; thence west, to the northeast corner of section five, in said township;
thence south, to the northeast corner of section number twenty-nine, in said
township; thence west, to the northwest corner of section twenty-seven, in
township four, range nineteen; thence south, to the southwest corner of sec-
tion thirty-four, in township three; thence west, to the northwest corner of
section three, in township two, in said range; thence south, to the French
grant line; thence southeastwardly, to the east corner of said grant; thence
southwestwardly, to the corner between fractional sections number three
and four, in township one; thence south, to the Ohio river; thence with
the meanders up the river, to the place of beginning, be and is hereby,
erected into a separate county, by the name of Lawrence, to be organized
whenever the legislature shall hereafter think proper, but to remain attached
31
Tit. 1, Div. 2, Ch. 2.
COUNTIES.
§ (23-65).
to the said counties of Scioto and Gallia, as already by law provided, until the
said county of Lawrence shall be organized. [14 v. 22.]
Rest of act relates to organization.
See ?? (23-150), (23—151), (23—139), (23—140), (23—142).
An Act for organizing the county of Lawrence and for other purposes. (15 v. 6.)
LICKING.
[For the boundaries of Licking county, see §§ (23-119), (23—149), (23—136).
LOGAN.
(23-65) [Boundaries.] So much of the county of Champaign as lies
north of the line beginning on the east line of Miami county, between sections
number thirty-three and thirty-four in the third township, thirteenth range,
and running east twelve miles, with the sectional line between the third and
fourth tier of sections; thence south one mile; thence with the sectional line
between the second and third tier of sections in said range, to the line between
the United States land and the Virginia military land; and thence east to the
line of Champaign county; thence north with said line to the Indian boundary
line; thence west to a point so that a line drawn from said point due south,
will strike the Indian boundary line at the point where the line between the
counties of Miami and Champaign strikes said line; thence south with said line
between the counties of Miami and Champaign to the place of beginning: and
also including the United States reservation at the rapids of the Miami of the
lake; which shall be known by the name of Logan: provided, that the juris-
diction of the said county of Logan shall extend over all that territory lying
north of said county, and all crimes that shall be committed within the terri-
tory aforesaid shall be considered as having been committed within the said
county of Logan. [16 v. 53.]
Rest of act relates to organization.
See ?? (23-171), (23—172), (23—182).
LORAIN.
(23-66) [Boundary of Lorain county.] All that part of the county
of Huron, east of the twentieth range, also all that part of the county of
Cuyahoga west of the fifteenth range, with township number five, and the
west half of township number six, in the fifteenth range, and the following
townships and territory from the county of Medina, to wit: township number
four, in the seventeenth range, townships number three and four, in the
eighteenth range, and all that part of the nineteenth range, north of a line
running from the southwest corner of township number three in the eighteenth
range, due west to the twentieth range, be and the same is hereby erected into
a separate and distinct county, by the name of Lorain, to be organized when-
ever the legislature shall hereafter think proper, but to remain attached to the
said counties of Huron, Cuyahoga and Medina, as now provided by law,
until said county of Lorain shall be organized. [21 v. 5.]
Rest of act relates to organization.
See ?? (23-144), (23—145), (23—184.)
An Act to organize the county of Lorain. (22 v. 12.)
LUCAS.
(23-67) [Boundaries of Lucas county.] So much of the counties
of Sandusky, Wood and Henry as comes within the following boundaries,
be, and the same is hereby erected a separate county, which shall be known
by the name of Lucas, to wit: beginning at a point on Lake Erie, where
the line commonly called Fulton's line intersects the same; thence due west,
with said Fulton's line, to the Maumee river; thence in a southwesterly
direction with the said river, to a point where the township line between
32
COUNTIES.
§ (23—68).
Tit. I, Div. 2, Ch. 2.
township six and seven of said counties, if drawn and continued across the
twelve mile square reservation, would necessarily intersect the same; thence,
due west, with the said township line to the county line between the counties
of Henry and Williams: thence north, with said county line to the northern
boundary line of the state, called Harris's line; thence, in an easterly direction
with said line, to Lake Erie; and thence, with the said lake, to the place
of beginning. [33 (II) v. 5.]
Rest of act relates to organization.
(23-68) [Boundaries of Lucas county.] The following lines shall
constitute the boundaries of the county of Lucas: beginning at a point on
Lake Erie, where the line commonly called "Fulton's line," intersects the
same; thence due west with said Fulton's line, to the Maumee river; thence
in a southwesterly direction, with the said river, to the east line of the county
of Henry; thence north, on said line, to the northeast corner of township six,
in range eight; thence west, on said township line, to the east line of the
county of Williams; thence north, to the northern boundary line of the state,
called the "Harris line;" thence in an easterly direction, with said line, to
Lake Erie; thence due east, until a line drawn due north, from the place of
beginning shall intersect the same. [34 v. 470.]
MADISON.
(23-69) [Madison county erected; boundaries thereof.] All that
part of the county of Franklin lying west of Franklinton, is hereby erected
into a separate county, and bounded as followeth, viz: beginning at the south-
west corner of Delaware county; thence east, with the south boundary of the
said county line, to a point that a line running due south will be the distance
of twelve and one-half miles west of the county seat of Franklin county;
thence on a straight line, to the northwest corner of the county of Pickaway;
thence with said line south, until it intersects the line of Ross county; thence
west with said line, to the line of Greene county; thence north with the
line of Greene, to Champaign county line; thence with Champaign line, to
the place of beginning. [8 v. 248.]
Rest of act relates to organization.
See (23-174), (23-180), (23-183), (23-185), (23-186), (23-137).
MAHONING.
(23-70) [Boundaries of Mahoning county.] So much of the
counties of Trumbull and Columbiana as come within the following
limits or boundaries, be, and the same are hereby erected into a separate
county, which shall be known by the name of Mahoning, with the county
seat at Canfield, to wit: beginning at the northeast corner of the town-
ship of Coitsville, in the first range of townships in the Western Reserve;
thence west, along the south lines of the townships of Hubbard, Liberty,
Weathersfield, Lordstown, and Newton in Trumbull county, to the bound-
ary line between Portage and Trumbull; thence south, along said boundary
line to the southeast corner of Deerfield, in said county of Portage;
thence west, along the south line of the township of Deerfield, to the bound-
ary line between Stark and Columbiana counties; thence south, along said
boundary line, to the southeast corner of the township of Lexington, in said
Stark county; thence east, along the north lines of the townships of Knox and
Butler, in Columbiana county, to the west line of Perry, in said county; thence
north, on said west line, to the northwest corner of said township; thence
east, along the north line, to the northeast corner of said township; thence
south, along the east line, to the north line of the township of Salem, in the
said county of Columbiana; thence east, along the north line of the townships
33
Tit. I, Div. 2, Ch. 2.
COUNTIES.
§ (23-71).
of Salem, Fairfield and Unity, in said county, to the boundary line between
the state of Ohio and the state of Pennsylvania; thence north, along said
boundary line, to the place of beginning; embracing within the boundaries
aforesaid, the townships of Poland, Coitsville, Boardman, Youngstown, Can-
field, Austintown, Ellsworth, Jackson, Berlin, and Milton, parts of Trumbull
county; and Smith, Goshen, Greene, Beaver, and Springfield, parts of Colum-
biana county. [44 v. 116.]
Rest of act relates to organization.
MARION.
An Act to organize the county of Marion. (22 v. 48.)
See? (23--123).
MEDINA.
An Act for the organization of Medina county. (16 v. 69.)
See ?? (23-144), (23—146), (23—130).
MEIGS.
(23-71) [Boundaries.] So much of the counties of Gallia and
Athens, as is included in the following boundaries, be, and the same is hereby
erected into a separate county, which shall be known by the name of Meigs,
to wit: beginning on the bank of the Ohio river, on the sectional line between
the thirteenth and fourteenth ranges; thence north to the southeast corner
of section number six, of township five, of range fourteen; thence west to
the southwest corner of section number thirty-six, of township seven, of
range fifteen; thence north on township line, to the northwest corner of sec-
tion number thirty-six, of township nine, of range fifteen; thence east to the
Ohio river; thence down the river with the meanders thereof to the place
of beginning, be, and the same is hereby erected into a separate county by
the name of Meigs. [17 v. 40.]
Rest of act relates to organization.
MERCER.
An Act to organize the county of Mercer, and attach thereto the county of Van Wert.
(22 v. 49.)
See ?? (23—122), (23—143).
MIAMI.
(23-72) [Boundaries.] All that part of the county of Montgomery
within the following boundaries, be, and the same is hereby laid off and erected
into a separate and distinct county, which shall be called and known by the
name of Miami, to wit: beginning at the southwest corner of Champaign
county, and the southeast corner of section number one, in township number
two, and range number nine; thence west with the line between the eighth
and ninth ranges to the great Miami river, crossing the same in such direction
as to take the line on the bank of the said river, between townships number
three and four, in range number six, west of the said river; thence west with
the said line to the state line; thence north with the same to the Indian
boundary line; thence east with the same to Champaign county line; thence
south with the said county line to the place of beginning. [5 v. 94.]
Rest of act relates to organization.
[Preamble.] Whereas by the act establishing Montgomery county, the
limits of said county were extended to the northern boundary of this state,
and whereas by the above-recited act, the limits of Miami county were con-
fined to the Indian boundary line, leaving a tract of country attached to
Montgomery county, over which no jurisdiction can be conveniently exer-
cised-therefore,
(23-73) [Part of Montgomery and Darke attached to Miami
county.] All that part of the county of Montgomery lying north of the
4
34
§ (23—74).
COUNTIES.
Tit. I, Div. 2, Ch. 2.
county of Miami, shall be, and the same is hereby attached to the said county
of Miami, and all that part lying north of the county of Darke, shall be, and
the same is hereby attached to the said county of Darke: provided, that all
crimes committed, and suits and actions now pending in the said county of
Montgomery, shall be prosecuted to final effect in the same manner as if this
act had not passed. [10 v. 22.]
MONROE.
(23-74) [Boundaries.] So much of the counties of Belmont, Washing-
ton and Guernsey, as comes within the following boundaries, viz: beginning
at the Ohio river, in Belmont county, on the township line, between the third
and fourth townships in the third range; thence running west along the town-
ship line to the line running between the seventh and eighth ranges, in the
county of Guernsey; thence running south with said range line to the line
running between the fourth and fifth townships in the said seventh range;
thence east with said township line to the Ohio river; thence up the said river,
by and with the meanders thereof, to the place of beginning, be and is hereby
erected into a county, by the name of Monroe, to be organized whenever the
legislature shall hereafter think proper; but to remain attached to the said
counties of Belmont, Washington and Guernsey as already by law provided
until the said county of Monroe shall be organized. [11 v. 57.]
Rest of act relates to organization.
(23-75) [Number of township attached.] Fractional township num-
ber one, in the fourth range in the county of Washington, be and the same is
hereby attached to and made part of the county of Monroe. [13 v. 128.]
Rest of act relates to organization.
MONTGOMERY.
[For boundaries of Montgomery county, see §§ (23-112), (23-72), (23—
88), (23-73), (23—141).]
MORGAN.
(23-76) [Boundaries.] So much of the counties of Guernsey, Washing-
ton, and Muskingum, as is included in the following boundaries, be, and the
same is hereby erected into a separate county, which shall be known by the
name of Morgan, to wit: beginning at the southwest corner of township eight,
range thirteen; thence east to the eastern bank of the Muskingum river; thence
down said river with the meanders thereof to a point where it will first intersect
the north boundary of the donation tract; thence east with said northern bound-
ary line to the southeast corner of township five, range nine; thence north, to the
northeast corner of said township; thence east to the western boundary line
of Monroe county, to the southeast corner of township six, range eight; thence
north to the northeast corner of township seven, range eight; thence west to
the line of Muskingum county; thence south to the southeast corner of town-
ship eight, range ten; thence west to the center of township fourteen, range
fourteen; thence south to the south line of said township fourteen, range four-
teen; thence east to the southeast corner of said township; thence south to
the place of beginning; to be organized whenever the legislature shall here-
after think proper; but to remain attached to the said counties of Guernsey,
Washington, and Muskingum, as already by law provided, until the said county
of Morgan shall be organized. [16 v. 42.]
Rest of act relates to organization.
See ? (23-76).
An Act for organizing the county of Morgan. (17 v. 7.)
35
Tit. 1, Div. 2, Ch. 2.
COUNTIES.
MORROW.
§ (23—77).
(23-77) [Boundaries of Morrow county.] So much of the counties of
Marion, Delaware, Knox and Richland as are embraced within the boundaries
hereinafter described, be and the same are hereby erected into a separate and
distinct county, which shall be known by the name of Morrow; and the seat of
justice within and for said county, shall be and is hereby fixed and established
at Mt. Gilead, to wit: beginning at the southwest corner of Tully township, in
Marion county; thence east on the township line to the southeast corner of said
township; thence north on the township line to the northeast corner of said.
township; thence north one mile; thence east on the nearest line of lots to the
northeast corner of section nine, in Troy township, Richland county; thence
south on the nearest line of lots with the eastern boundary lines of Franklin, Ches-
ter and Bloomfield townships, Knox county, to the southeast corner of said town-
ship of Bloomfield; thence west with the south line of Bloomfield township,
Knox county, and Bennington and Peru townships, Delaware county, to the
southwest corner of said township of Peru; thence north four miles; thence
west along the nearest line of lots to the west line of Oxford township, Dela-
ware county; thence north along the township line to the Greenville treaty
line; thence easterly along said Greenville treaty line to the southwestrner
of Morven township, Marion county; thence north along the west line of said
Morven and Canaan townships, Marion county, to the place of beginning: and
also attaching to the county of Marion so much of the county of Delaware as
is contained in the following boundaries, to wit: beginning on the Green-
ville treaty line at the northeast corner of Marlborough township, Delaware
county; thence south along the line between Marlborough and Westfield
townships, Delaware county, to the southwest corner of said Westfield town-
ship; thence west along the original township line and with said line con-
tinued west to the west line of Delaware county; thence north along the
county line to the Greenville treaty line; thence easterly with said Green-
ville treaty line to the place of beginning. [46 v. 233.]
Rest of act relates to organization.
MUSKINGUM.
(23-78) [Boundaries of the county of Muskingum.] So much of the
counties of Washington and Fairfield as comes within the following bound-
aries, be and the same is hereby erected into a separate and distinct county,
which shall be known by the name of Muskingum, to wit: beginning at the
northwest corner of the ninth township, in the ninth range of the United
States military lands, thence with the western boundary line of said range,
south, to the southern boundary line of said military lands, thence with the
same, west, to the western boundary line of the fifteenth range of public
lands, thence with the said line, south, to the southwest corner of the six-
teenth township of the fifteenth range, thence eastwardly with the south
boundary of the sixteenth township, till it intersects the west boundary of
the twelfth range, thence with the sectional lines, east, to the western boundary
line of the seventh range, thence with the same, north, to the northeast corner
of the military tract, thence with the north boundary line of the tenth.
township in the first and second ranges of said military lands, west, until
intersected by the Indian boundary line, thence with the same, westwardly,
to the place of beginning. [2 v. 68.]
Rest of act relates to organization.
NOBLE.
(23-79) [Boundaries of Noble county.] So much of the counties
of Washington, Morgan, Guernsey and Monroe, as is included within.
36
§ (23—80).
COUNTIES.
Tit. I, Div. 2, Ch. 2.
the boundaries hereinafter described, be, and the same is hereby erected
into a separate and distinct county, to be known and designated by the
name of Noble, to wit: beginning at the southwest corner of township
number five, in range number nine, in Morgan county; thence north,
to the northwest corner of said township five; thence west, to the south-
west corner of section number thirty-four, in township number seven, in
range number ten; thence north, on section lines to the north line of said
township seven; thence west, to the northwest corner of said township seven ;
thence north, to the southwest corner of Guernsey county; thence east to
the southwest corner of township number eight, in range number nine, in
said county; thence north, to the northwest corner of section number eighteen,
in said township eight; thence east, on section lines to the east line of
said township eight; thence north, to the northeast corner of said township
eight; thence east, to the south west corner of section number twenty-two,
in township number one, of range number one, of the military lands; thence
north, to the northwest corner of section number nineteen, in said township
one; thence east, on section lines to the east line of said township one;
thence north, to the northwest corner of township number eight, in range
number seven, in said Guernsey county; thence east, to the west line of Bel-
mont county; thence south, to the southwest corner of Belmont county; thence
west, to the southwest corner of section number nineteen, in said township
eight, in range seven; thence south, on section lines, to the northwest corner
of section number nineteen, in township number six, in range number seven,
in Monroe county; thence east, to the northeast corner of section number
thirteen, in said township six; thence south, on section lines, to the southeast
corner of section number eighteen, in township number four, in range num-
ber seven, in Washington county; thence west, to the east line of township
number five, in range number eight, in said county; thence north, to the
northeast corner of section number twenty-five, in said township five; thence
west, to the southwest corner of section number twenty-three; thence north,
to the northwest corner of said section twenty-three; thence west, to the south-
west corner of section number fifteen; thence north, to the southwest corner
of section number ten; thence west, to the southwest corner of section num-
ber eight; thence north, to the northwest corner of section number eight;
thence west, to the west line of said township number five, in said range num-
ber eight; thence south, to the southeast corner of Morgan county; thence
west, to the place of beginning. [49 v. 137.]
(23-80) [Certain townships in Washington county attached to
Monroe county.] So much of the townships of Liberty, Ludlow and
Jolly, in Washington county, as lies and is situated east and north of
the following described line, to wit: beginning at the northwest corner
of section number six, in township number four, in range number seven,
in Washington county; thence south, to the southwest corner of section number
five, in said township number four; thence east, on section lines, to the south-
east corner of fractional section number five, in township number two, in
range number five in said county, be and the same is hereby attached to, and
made a part of the county of Monroe, and that said described line consti-
tute a part of the boundary line between said counties of Washington and
Monroe. [49 v. 137.]
(23-81) [Power to attach fractional townships.] Commissioners
of the counties of Washington, Morgan, Monroe and Guernsey shall have
power, immediately upon the passage of this act, to attach the fractional
37
COUNTIES.
Tit. I, Div. 2, Ch. 2.
§ (23-82).
townships made so by this act, to the other townships, or to organize such
fractional townships into separate townships in their respective counties, and
this power shall extend to the commissioners of the county of Noble to dis-
pose of the fractional townships included within its limits made by this act.
[Sec. 6, 49 v. 137.]
(23-82) [Certain part of Roxbury township in Washington county
attached to Morgan county.] So much of Roxbury township, in Wash-
ington county, as lies and is situate north of the following described line,
to wit: beginning at the northwest corner of section thirty-three, in town-
ship number eight, in range number twelve; thence east two miles to
the northeast corner of section number twenty-seven; thence south to the
southwest corner of lot number ten hundred and ninety-seven; thence
east to the southeast corner of lot ten hundred and ninety-two; thence south
to the north line of fractional section number fifteen; thence east to the east
line of said township, be, and the same is hereby attached to and made a part
of the county of Morgan, and the said last described lines, together with the
following described lines, to wit: beginning at the northeast corner of frac-
tional section number three, in said township; thence north to the northeast
corner of said township; thence west to the Muskingum river, constitute a
part of the boundary between the counties of Washington and Morgan; and
that the provisions of sections three and four of this act, be, and the same are,
so far as applicable, extended to so much of the said township of Roxbury,
as is hereby annexed to Morgan county. [Sec. 10, 49 v. 137.]
Rest of act relates to organization.
OTTAWA.
(23-83) [Boundaries of Ottawa county.] A new county, to be
called Ottawa, be, and the same is hereby formed out of the north part of
Sandusky and Erie, and the eastern part of Lucas county, commencing at a
point two miles north of the southeast corner of the surveyed township
number sixteen, called Bay township, Sandusky county, running thence
west, on section lines to the western boundary line of said county; thence
north, to the Lucas county line; thence east, six miles; thence north, till it
intersects the Michigan line; thence with said line until it intersects the
line between the British and American governments in Lake Erie; thence
down the lake with said line, so that a line to the mouth of Sandusky Bay
will include Cunningham's Island; thence up the Sandusky Bay to the place
of beginning. [38 v. 99.]
(23-84) [Certain territory to be attached to Erie county.] All
territory now in the county of Huron north of the north line of the town-
ships of Wakeman, Townsend, Norwalk, Ridgefield and Lyme, which includes.
the townships of Vermillion, Florence, Berlin, Milan and Huron, and also a
strip from off the south side of the townships of Oxford and Groton, one
mile in width, be, and the same is hereby attached to the county of Erie.
[38 v. 99.]
Rest of act relates to organization.
See ? (23-152).
PAULDING.
An Act to organize the county of Paulding. (37 v. 385.)
PERRY.
(23-85) [Boundaries.] So much of the counties of Washington,
Muskingum, and Fairfield, as comes within the following boundaries,
be, and the same is hereby erected into a separate county, which shall
38
§ (23-86).
COUNTIES.
Tit. I, Div. 2, Ch. 2.
be known by the name of Perry, to wit: beginning on the line between
the counties of Licking and Fairfield at the northwest corner of the
eighteenth township in, the seventeenth range; thence south with the
said range line to the southwest corner of the said township eighteen;
thence east four sections to the northwest corner of section number two, town-
ship seventeen and range seventeen; thence south with said section line to the
south line of township seventeen; thence with the township line east, to the
southeast corner of said township; thence south on the line between the six-
teenth and seventeenth ranges to the southwest corner of section nineteen in
township fourteen, range sixteen; thence east to the southeast corner of sec-
tion twenty-four in the same township fourteen; thence south to the southeast
corner of the same township; thence east to the southeast corner of township
twelve in range fourteen; thence north on the line between the thirteenth and
fourteenth ranges to the northeast corner of township thirteen, in the fourteenth
range; thence west along the south boundary of Muskingum county, to the
southwest corner of section thirty-four, in township fourteen, range fourteen;
thence north to the northwest corner of section three in said township and
range; thence west to the southwest corner of section thirty-five, in township
seventeen, range fifteen; thence north to the northeast corner of section three,
in same township; thence west along the said township lines to the place of
beginning. [16 v. 26.]
Rest of act relates to organization.
PICKAWAY.
(23-86) [Pickaway county laid off; its boundaries.] All that part
of the counties of Ross, Franklin, and Fairfield, within the following bound-
aries, be, and the same is hereby erected into a separate county, to be known.
by the name of Pickaway: beginning on the east side of the Scioto river, at
the intersection of a line between township two and three, of range twenty-
two, Worthington's survey; thence east with the township lines, to the south-
east corner of township number eleven, and range twenty; thence north with
the range line, to the northeast corner of section number one, of township
eleven, in range twenty; thence west with the township line, to the north-
west corner of said township; thence north with the range line, to the north-
east corner of section number thirteen, in township ten, of range twenty-one,
Matthew's survey; thence west to the Scioto river; thence west from the
Scioto river, twelve miles; thence south twenty miles; thence east to the
Scioto river; thence down said river to the place of beginning. [8 v. 41.]
Rest of act relates to organization.
PIKE.
(23-87) [Boundaries.] All that part of the counties of Scioto, Ross
and Adams, included within the following limits, to wit: beginning at the
township line on the Scioto river, between township three and four, in the
twenty-second range, and running with the same east to the corner between
section thirty-four and thirty-five, in the fifth township, twentieth range;
thence with the section line north to Ross county line; thence with the
same east to the range line between range nineteen and twenty; thence
north with the range line, nine miles into Ross county; thence west to High-
land county line; thence with Highland county line to the north line of
Adams county; thence with Adams county line to the highlands between the
waters of Scioto, Brush creek and Sunfish; thence southeastwardly with said
highlands so far that an east line will strike the beginning; shall be a separate
and distinct county, by the name of the county of Pike. [13 v. 52.]
Rest of act relates to organization.
39
Tit. I, Div. 2, Chap. 2.
COUNTIES.
PORTAGE.
§ (23—88).
[For the boundaries of Portage county, see $$ (23-115), (23—166), (23—147).]
PREBLE.
(23-88) [Boundaries.] All that part of Montgomery and Butler
counties included in the following boundaries, be, and the same is hereby
laid off and erected into a separate and distinct county, which shall be called
and known by the name of Preble, to wit: beginning at the southwest corner
of the sixth township, first range east of the meridian drawn from the mouth of
the Great Miami; thence east along said township line to the range line
between the third and fourth ranges; thence north to the northeast corner
of the seventh township, in the third range; thence west along the township
lines to the state line; thence south to the place of beginning. [6 v. 164.]
For an Act to organize Preble county, see 6 v. 164.
PUTNAM.
[For the boundaries of Putnam county, see $$ (23—122), (23—16), (23—18).]
RICHLAND.
An Act for the organization of Richland county. (11 v. 21.)
See (23-121), (23—154), (23—155).
ROSS.
(23-89) [Boundaries of Ross county.] Beginning at the forty-second
mile tree, on the line of the original grant of land by the United States to
the Ohio company, which line was run by Israel Ludlow, and running from
thence west, until it shall intersect a line to be drawn due north from the
mouth of Elk river, (commonly called Eagle creek) and from the point of
intersection running north, to the southern boundary of the county of Wayne,
and from thence easterly with the said boundary of Wayne, until a north line
to be drawn from the place of beginning, shall intersect the same; and if it
should be found that a north line drawn from the place of beginning, will not
intersect the said southern boundary of Wayne, then an east line is to be
drawn from the eastern termination of the said boundary, until it shall
intersect the aforesaid north line to be drawn from the place of beginning.
[Proclamation issued Aug. 20, 1798.]
SANDUSKY.
[For the boundaries of Sandusky county, see §§ (23-122), (23-67),
(23—42), (23—83), (23—152).]
SCIOTO.
(23-90) [Boundaries of Scioto county.] All that tract of country,
comprehended in the following boundaries, be, and the same is hereby erected
into a county, by the name of the county of Scioto, to wit: beginning on the
Ohio, one mile on a straight line below the mouth of the lower Twin creek;
thence north to Ross county line; thence east with said county line to the
line of Washington county; thence south with said line to the Ohio; thence
with the Ohio to the place of beginning. [1 v. 8.]
Rest of act relates to organization.
See (23-160), (23—139), (23—142).
SENECA.
An Act to organize the county of Seneca. (22 v. 49.)
See ? (23—122).
SHELBY.
(23-91) [Boundaries; proviso as to jurisdiction.] So much of the
county of Miami as lies north of the line beginning on the line dividing
40
§ (23—92).
COUNTIES.
Tit. I, Div. 2, Chap. 2.
Miami and Darke counties, between sections twenty-seven and thirty-
four in township ten, range four, and running east, with said line to the
Great Miami river; thence across said river; thence down said river to the
middle of the twelfth range, township one, east of the Miami river, to the
section line between sections twenty-one and twenty-two; thence east with
said line to Champaign county line; thence north with said line dividing
the counties of Miami, Champaign and Logan, to the Indian boundary
line; thence north six miles; thence west to a point so that a line drawn
from said point due south, will strike the Indian boundary line, at the point
where the line between the counties of Miami and Darke strikes said line;
thence south with said line between the counties of Darke and Miami to the
place of beginning, and also including the United States reservations at forts
St. Mary's, Amanda and Defiance which shall be known by the name of
Shelby provided, that the jurisdiction of said county of Shelby shall extend
over all that territory, lying north of said county and which at this time is
included within the jurisdiction of the county of Miami; and all crimes that
shall be committed within the territory aforesaid shall be considered as having
been committed within the said county of Shelby. [17 v. 21.]
Rest of act relates to organization.
STARK.
(23-92) [Boundaries.] The following tract of country be, and the same
is hereby erected into a separate county, by the name of Stark, viz: beginning
on the southern boundary of the Connecticut reserve, at the northeast corner of
township number nineteen, in the sixth range; thence running south between
the fifth and sixth ranges to the southeast corner of the fifteenth township of said
sixth range; thence with the township line, west until it intersects the eastern
boundary line of the United States military district; thence with the said eastern
boundary line north to the northeast corner of the tenth township, in the first
range of said military district; thence with the township lines west until it in-
tersects the Indian boundary line; thence with said Indian boundary line to the
northwest corner of fractional township number ten, of the tenth range, in the
new purchase, south of the Connecticut reserve; thence north with the line
running between the tenth and eleventh ranges to the northwest corner of town-
ship number two, of the tenth range; thence east with the southern boundary
line of the Connecticut reserve, to the place of beginning. [6 v. 154.]
(23-93) [Boundaries of Wayne county.] All that tract of country,
lying west of the tenth range, and east of the sixteenth range in the said new
purchase, and south of the Connecticut reserve, and north of the United States
military district, shall be a separate and distinct county, by the name of Wayne,
but with the county of Stark shall be attached to, and made a part of Colum-
biana county, until the said county of Stark shall be organized, and shall
thereafter be and remain a part of the said county of Stark, until otherwise
directed by law. [Sec. 3, 6 v. 154.]
Rest of act relates to organization.
See (23-168), (23-169).
SUMMIT.
(23-94) [Boundaries of Summit county.] So much of the counties of
Portage, Medina and Stark, as comes within the following boundaries, be, and the
same is hereby erected into a separate county, which shall be known by the name
of Summit, to wit: beginning at the northwest corner of the county of Portage,
thence east on the county line, to the northeast corner of the township of Twins-
burg, in said county of Portage; thence south on the line between the ninth and
tenth ranges of townships on the western reserve, to the southeast corner of the
41
Tit. I, Div. 2, Ch. 2.
COUNTIES.
§ (23-95).
township of Springfield, in said county; thence west, on the line between the
counties of Portage and Stark to the northeast corner of the township of
Greene, in said county of Stark; thence south, on the east line of said town-
ship of Greene to the southeast corner of the same; thence west, on the south
line of the townships of Greene and Franklin in said county of Stark, to the
southwest corner of said township of Franklin; thence north, on the line.
between the counties of Stark and Wayne to the south line of the county of
Medina; thence west, on the south line of the county of Medina to the south-
west corner of the township of Norton in said county; thence north, on the
line between the twelfth and thirteenth ranges of townships on the western
reserve to the northwest corner of the township of Richfield, in said county;
thence east, on the north line of said county to the southwest corner of the
township of Northfield, in Portage county; thence north, on the west line of
said county of Portage to the place of beginning; and for the purpose of restor-
ing the county of Medina to its constitutional limits, the townships of Spencer
and Homer, in the county of Lorain, be, and the same are hereby attached to
and made a part of the said county of Medina. [38 v. 88.]
Rest of act relates to organization.
An Act to organize the county of Summit. (38 v. 150.)
TRUMBULL.
(23-95) [Boundaries of Trumbull county.] Beginning at the com-
pletion of the 41st degree of north latitude, one hundred and twenty miles
west of the western boundary of Pennsylvania, and running from thence by
a line to be drawn north parallel to and one hundred and twenty miles west
of the said west line of Pennsylvania, and to continue north until it comes to
42 degrees 2 minutes north latitude; thence with a line to be drawn east, until
it intersects the said western boundary of Pennsylvania; thence with the said
western boundary of Pennsylvania south, to the completion of the 41st degree
of north latitude, and from thence west, to the place of beginning. [Procla-
mation issued July 10, 1800.]
See ? (23—129).
TUSCARAWAS.
(23-96) [Boundaries.] All that part of the county of Muskingum,
lying within the following boundaries, viz: beginning at the northeast corner
of the United States military lands; thence west with the north boundary of
said tract to its intersection with the late Indian boundary line; thence west-
wardly with said line, to the west boundary of the fourth range, in said mili-
tary tract; thence south along the west boundary of said fourth range to the
southwest corner of the township therein; thence east between the fourth and
fifth townships, in the third, second and first ranges, to the east boundary of the
said United States military tract; thence north with said boundary to the be-
ginning, shall be erected into a county by the name of Tuscarawas. [6 v. 163.]
Rest of act relates to organization.
See ?? (23-168), (23—169), (23—126).
UNION.
(23-97) [Boundaries of Union county.] So much of the counties of
Delaware, Franklin, Madison, and Logan, and also so much of the territory
within the limits of this state, laying north of the old Indian boundary line,
as comes within the following boundaries be, and the same is hereby erected
into a separate and distinct county, which shall be known by the name of the
county of Union, to wit: beginning on the north boundary line of Delaware
county, on that part known by the name of the old Indian or Greenville line,
42
§ (23-98).
COUNTIES.
Tit. I, Div. 2, Ch. 2
at a point three miles west of the Scioto river; thence due south fifteen miles ;
thence east four miles; thence south unto the north boundary of Franklin
county; thence south two and one half miles into Franklin county; thence
west to the east boundary of Madison county, and to continue west unto the
east boundary of Champaign county; thence north to the northeast corner of
said county; thence west three miles; thence north so far that a due east line
will strike a point three miles north of the beginning; thence south to the
said place of beginning. [18 v. 56.]
(23-98) [Certain territory attached to Logan county.] So much of
the territory lying north of the county of Logan as is contained within the
following boundaries, to wit: beginning at the northeast corner of Logan
county; thence running north five miles; thence west to a point, from which
a south line will strike the north west corner of said county; thence south to
said corner; thence east with the line to the beginning, shall be, and it is here-
by attached to the county of Logan, and shall hereafter form a part of said
county. [Sec. 8, 18 v. 56.]
(23-99) [Part of Franklin county attached to Madison county.] So
much of the county of Franklin, as lays within the following boundary, to
wit beginning on the line between the counties of Franklin and Madison, at
a point two and one half miles south of the north boundary of said counties;
thence east two miles; thence south four miles; thence west two miles; thence
north to the place of beginning, be attached to and hereafter considered a part
of the county of Madison. This act shall be in force from and after the first
day of April next. [Sec. 9, 18 v. 56.]
Rest of act relates to organization.
See ?? (23-180), (23—181), (23—182), (23-183), (23—185), (23—186).
For Commission to locate line between Union and Delaware counties, see 26 v. 83.
VAN WERT.
An Act to organize the county of Van Wert. (35 v. 273).
See ? (23-122).
VINTON.
(23-100) [Boundaries of Vinton county.] So much of the counties
of Gallia, Athens, Hocking, Ross and Jackson, as are embraced within
the boundaries hereinafter described, be, and the same are hereby erected
into a separate and distinct county, which shall be known by the name
of Vinton; and the seat of justice within and for said county shall be,
and is hereby fixed and established at McArthurstown, to wit: beginning
at the southeast corner of township number eight, in range number six-
teen, in Gallia county; thence north to the southwest corner of township
number ten, in range number fifteen, in Athens county; thence east, two
miles, to the southeast corner of section number twenty-five, in said town-
ship; thence north, to the northeast corner of section number thirty, in said
township; thence west, to the southeast corner of township number eleven,
in range number sixteen, in Hocking county; thence north to the northeast
corner of said township; thence west to the northwest corner of township
number twelve, in range number seventeen; thence south to the northeast
corner of township number ten, in range number eighteen; thence west to
the northwest corner of said township; thence south to the northeast corner
of section number twelve, in township number ten, in range number nineteen,
in Ross county; thence west to the northwest corner of section number seven,
in said township; thence south to the southwest corner of township number
43
COUNTIES.
Tit. I, Div. 2, Ch. 2.
§ (23-101).
nine, in said range number nineteen, in Jackson county; thence east to the
southeast corner of said township; thence south to the southwest corner of
section number six, in township number eight, in range number eighteer;
thence east to the southeast corner of section number one, in said township;
thence south to the southwest corner of section number thirty, in township
number ten, in range number seventeen; thence east to the southeast corner
of section number twenty-five, in said township; thence south to the south-
west corner of township number eight, in range number sixteen, in Gallia
county; thence east to the place of beginning. [48 v. 684.]
(23-101) [The township of Ward in Athens county attached to
Hocking county.] For the purpose of restoring to the county of Hocking
its constitutional amount of territory, the township of Ward, in Athens.
county, be, and it is hereby attached to, and made part of the county of
Hocking; and the north line of said township to be a part of the dividing
line between the counties of Hocking and Perry, and the east and sonth line
of said township to be a part of the dividing line between the counties of
Athens and Hocking; and that so much of the township of Auburn as lies
south of the original surveyed line thereof and the whole of the township of
Perry, in Fairfield county, be, and they are hereby attached to, and made a
part of the county of Hocking; and the east line of said Auburn township to
be a part of the dividing line between the counties of Perry and Hocking,
and the north and west lines of said Auburn township to be a part of the
dividing line between the counties of Fairfield and Hocking, and the north
line of said Perry township to be a part of the dividing line between the coun-
ties of Fairfield and Hocking, and the west line of said township to be the
dividing line between the counties of Pickaway and Hocking. [48 v. 684.]
(23-102) [Certain sections in Gallia county attached to and form
a part of Jackson county.] For the purpose of restoring to the county of
Jackson its constitutional amount of territory, two tier of sections, containing
twelve square miles, on the east side of township number seven,
in range
number seventeen, and one tier of sections, containing six square miles,
on the north side of township number six, in range number seventeen, in
Gallia county, be, and the same is hereby attached to, and made part of Jack-
son county. [48 v. 684.]
Rest of act relates to organization.
(23-103) [Certain sections of the act to erect the county of Vinton
construed.] The fourth and fifth sections of the act entitled "an act to erect
the county of Vinton," passed March 23, 1850, be so amended as to include
that part of the county of Jackson which was erected into the county of
Vinton, within the provisions of said sections in said act. [49 v. 135.]
WARREN.
[For the boundaries of Warren county, see §§ (23-110), (23-29), (23-132),
(23-133).]
WASHINTON.
(23-104) [Boundaries of Washington county.] Beginning on the
bank of the Ohio river, where the western boundary line of Pennsylvania
crosses it, and running with that line to Lake Erie; thence along the southern
shore of said Lake, to the mouth of Cuyahoga river; thence up said river to
the Portage, between it and the Tuscarawa branch of Muskingum; thence
down that branch to the forks, at the crossing place above Fort Lawrence;
thence with a line to be drawn westerly, to the Portage, on that branch of the
44
§ (23-105).
COUNTIES.
Tit. I, Div. 2, Ch. 2.
Big Miami on which the fort stood that was taken by the French in 1752,
until it meets the road from the lower Shawnese town to Sandusky; thence
south to the Scioto river; thence with that river to the mouth, and thence up
the Ohio river to the place of beginning. [Proclamation issued July 27, 1788:
Vol. 5, p. 153.
See (23-159), (23—162), (23—163), (23—167).
WAYNE.
(23-105) [Boundaries of Wayne county.] Beginning at the mouth of
the Cuyahoga river, upon Lake Erie, and with the said river to the Portage,
between it and the Tuscarawa branch of the Muskingum; thence down
the said branch to the forks, at the carrying place above Fort Lawrence:
thence by a west line, to the eastern boundary of Hamilton county, (which is
a due north line from the lower Shawnese town upon the Scioto river) thence
by a line west-northerly to the southern part of the Portage, between the
Miamis of the Ohio and the St. Mary's river; thence by a line also west-
northerly, to the southwestern part of the Portage, between the Wabash and
the Miamis of Lake Erie, where Fort Wayne now stands; thence by a line
west-northerly, to the most southern part of Lake Michigan; thence along
the western shores of the same, to the northwest part thereof, (including the
lands upon the streams emptying into the said lake) thence by a due north
line to the territorial boundary in Lake Superior, and with the said boundary
through Lakes Huron, Sinclair and Erie, to the mouth of Cuyahoga river, the
place of beginning. [Proclamation issued Aug. 15, 1796: Vol. 5, p. 153.]
See & (23-158).
An Act for the organization of Wayne county. (10 v. 17.)
WILLIAMS.
An Act to organize the county of Williams. (22 v. 9.)
See (23-122).
WOOD.
[For the boundaries of Wood county, see $$ (23-122), (23-67).
WYANDOT.
(23-106) (Boundaries of Wyandot county.] Such parts of the counties
of Crawford, Marion, Hardin and Hancock, as are embraced within the bound-
aries hereinafter described, be, and the same are hereby erected into a separate
and distinct county, which shall be known by the name of Wyandot, and the
seat of justice within and for said county shall be and is hereby fixed and estab-
lished at, or in the immediate vicinity of, Upper Sandusky, to wit: beginning at
the southeast corner of section ten, in township four, south, in range fifteen of
the public survey of lands, in Marion county, and running thence north on the
sectional lines, through Crawford county, to the north line thereof, between sec-
tions two and three, in township one, south, in range fifteen, aforesaid, which line.
shall form the east boundary of said county of Wyandot, and the west line of
Crawford county; thence west on the base line to the northwest corner of sec-
tion two, in township one, south, of range twelve, in Hancock county; thence
south on the sectional line to the northeast corner of section twenty-two, in
the township and range last aforesaid; thence west, on the section line to the
northwest corner of said section twenty-two; thence south on the sectional
line to the south line of said township, as originally surveyed, between sections
thirty-three and thirty-four; thence west on said township line to the north-
west corner of section five, in township two, south, of the range last aforesaid;
45
Tit. I, Div. 2, Ch. 2.
COUNTIES.
§ (23-107).
thence south on the sectional line, through said township two, to the south
line thereof, at the northwest corner of section five, in township three, south,
of the range last aforesaid, in the county of Hardin; thence east to the north-
east corner of said section five; thence south on the sectional line to the south-
west corner of section nine, in township four, south, in the range last afore-
said; thence east to the northwest corner of section thirteen, in the township
and range last aforesaid; thence south to the southwest corner of said section
thirteen; thence east on the sectional line to the southeast corner of section
thirteen, in township four, south, of range thirteen; thence north to the north-
east corner of said last mentioned section thirteen; thence east, on the sec-
tional line, to the place of beginning; provided that the passage of this act
shall not prevent the Mad River and Lake Erie Railroad Company from
extending an arm from the main track of said railroad to the town of Findlay,
in the county of Hancock, as was secured to said company in the original act
of incorporation. [43 v. 61.]
(23-107) Eastern and southern boundaries of Crawford county
extended.] For the purpose of restoring to the county of Crawford its
constitutional amount of territory, the eastern and southern limits of
said county shall be extended in the manner following, to wit: beginning at
the present northeast corner of said county of Crawford, and running thence
east, on the line dividing the counties of Huron and Richland to the north-
east corner of section three, in Auburn township, in said county of Richland;
thence south on the sectional line through the townships of Auburn, Vernon
and Sandusky, to the southeast corner of section ten, in the township of Bloom-
field, in said county of Richland; thence west, on the sectional line so as to take
two sections in width from the north tier of sections in Marion county to the
point designated in the first section of this act, as the place of beginning in
the description of the boundaries of the county of Wyandot, and the territory
included, and lying between said extended limits, and the present boundaries.
of Crawford county is hereby attached to, and made a part of said county of
Crawford. [43 v. 61.]
(23-108) [Power of commissioners as to fractional townships.]
The commissioners of the respective counties from which territory is hereby
taken shall have power, immediately upon the passage of this act, to attach
fractional townships to other townships in their respective counties, or to
organize such fractional townships into separate townships as they may deem
expedient, which power shall extend to the counties of Crawford and Wyandot,
for the purpose of disposing of fractions coming within the limits of said coun-
ties, made by this act. [S8, 43 v. 61.]
(23-109) [What as to territory taken from Hardin county;
what as to territory taken from Hancock county.] The territory
hereby taken from the county of Hardin for the erection of the county
of Wyandot, shall be held liable in a just and equal proportion with the
remaining territory of the said county of Hardin, for the amount of stock
subscribed by the commissioners of said county to the Mad River and Lake
Erie Railroad Company, and shall be subjected to the payment of such tax or
taxes as may from time to time be assessed by the commissioners of said
county for the purpose of paying the principal of the stock subscribed as
aforesaid, or the interest arising thereon as the case may be; that the territory
hereby taken from the county of Hancock, for the erection of the county of
Wyandot, shall be liable for an equal and just proportion with the remaining
46
§ (23—110).
COUNTIES.
Tit. I, Div. 2, Chap. 2.
territory of said county, of the tax or taxes which may be assessed by the com-
missioners of Hancock county for the purpose of constructing an arm or branch
of a railroad from the main track of the Mad River and Lake Erie Railroad to
the county seat of Hancock county, and that the tax so assessed by the com-
missioners of the said counties of Hardin and Hancock shall be collected in the
same manner state and county taxes are collected. [§ 9, 43 v. 61.)
For an Act to organize Wyandot county, see 43 v. 61.
WARREN, BUTLER, MONTGOMERY, AND GREENE.
(From Hamilton and Ross.)
(23-110) [Boundaries of the county of Warren.] All that part of
the county of Hamilton included within the following bounds, viz: beginning
at the northeast corner of the county of Clermont, running thence west with
the line of said county to the little Miami; thence up the same, with the
meanders thereof, to the north boundary of the first tier of sections in the
second entire range of townships in the Miami purchase; thence west to the
northeast corner of section number seven, in the third township of the afore-
said range; thence north to the great Miami; thence up the same to the
middle of the fifth range of townships; thence east to Ross county line;
thence with the same south to the place of beginning, shall compose one new
county, to be called and known by the name of Warren. [1 v. 9.]
The course "thence north to the Great Miami" as interpreted by the public at the time of the passage of
this act is the true interpretation and the boundary line was intended to be upon the section line. Čom.
v. Com. 4 N. P. 349.
(23-111) [Boundaries of the county of Butler.] All that part of the
county of Hamilton included within the following bounds, viz: beginning at
the southwest corner of the county of Warren, running thence west to the state
line; thence with the same north to a point due west from the middle of the
fifth range of townships in the Miami purchase; thence east to the northwest
corner of the aforesaid county of Warren; thence bounded by the west line of
the said county of Warren to the place of beginning, shall compose a second
new county, called and known by the name of Butler. [1 v. 9.]
(23-112) [Boundaries of the county of Montgomery.] All that
part of the county of Hamilton included within the following boundaries, viz:
beginning on the state line at the northwest corner of the county of Butler;
thence east with the lines of Butler and Warren to the east line of section
number sixteen in the third township and fifth range; thence north eighteen
miles; thence east two miles; thence north to the state line'; thence with the
same to the west boundary of the state; thence south with the said boundary
to the beginning, shall compose a third new county, called and known by the
name of Montgomery. [1 v. 9.]
(23-113) [Boundaries of the county of Greene.] All that part of
the county of Hamilton and Ross included in the following boundaries, viz:
beginning at the southeast corner of the county of Montgomery, running thence
east to Ross county line, and the same course continued eight miles into the
said county of Ross; thence north to the state line; thence westwardly with
the same to the east line of Montgomery county; thence bounded by the said
line of Montgomery to the beginning, shall compose a fourth new county,
called and known by the name of Greene. [1 v. 9.]
As to Greene county, see? (23-27).
For an Act to organize Warren, Butler, Montgomery, and Greene counties, see 1 v. 9.
GEAUGA.
(From Trumbull.)
(23-114) [Boundaries of the county of Geauga.] All that part
of the county of Trumbull, lying north and east of a line, beginning on
the east line of said county, on the line between townships number eight
and nine, as known by the survey of said county, and running west on
47
Tit. I, Div. 2, Ch. 2.
COUNTIES.
§ (23—115).
the same to the west line of range number five; thence south on said
west line of range five, to the northwest corner of township number five;
thence west on the north line of township number five, to the middle of
Cuyahoga river, where the course of the same is northerly; thence up the
middle of said river, to the intersection of the north line of township number
four; thence west on the said north line of township number four, to the west
line of range fourteen, wherever the same shall run when the county west of
the Cuyahoga river, shall be surveyed into townships or tracts of five miles
square each, and thence north to Lake Erie, shall be, and the same is hereby
set off and erected into a new county, by the name of Geauga. [4 v. 65.]
Rest of act relates to organization.
As to Trumbull county, see ? (23—95).
PORTAGE, ASHTABULA, AND CUYAHOGA.
(From Trumbull and Geauga.)
(23-115) [Boundaries of Portage county; proviso.] All that part
of the county of Trumbull, which lies west of the fifth range of townships, be
erected into a separate county, by the name of Portage; and shall be vested
with all the powers, privileges and immunities of a separate and distinct
county: Provided, that it shall be lawful for the coroners, sheriffs, constables
and collectors of the county of Trumbull, to do and perform all the duties,
which they are or may be required to do, within the bounds of said county of
Portage, before the said division shall take place; and all suits and actions,
whether of a civil or criminal nature, which shall be pending, and all crimes
which shall have been committed therein, at the time of said division, shall be
prosecuted to final judgment and execution in the county of Trumbull, as
though no division had taken place. [6 v. 3.]
(23-116) [Boundaries of Ashtabula; proviso.] All that part of
Trumbull and Geauga counties, which lies north of the townships numbered
seven, and east of the sixth range of townships, shall be a distinct and separate
county, by the name of Ashtabula; to be organized, whenever its population
shall be sufficient to require the same: provided, that the money arising to the
county from the tax on land within the county of Ashtabula, shall be appro-
priated by the commissioners of Geauga county, and expended in laying out
and making roads, and erecting bridges, within the boundaries of said county
of Ashtabula. [Sec. 5, 6 v. 3].
(23-117) [Part of county attached to Geauga county; proviso.] All
that part of the Connecticut western reserve, which lies west of the Cuyahoga
river, and north to the townships numbered four, shall belong to, and be a part
of the county of Geauga, until the county of Cuyahoga shall be organized:
Provided, that the money arising to the county from a tax on land within the
said district, shall be appropriated by the commissioners of Geauga county,
and expended in laying out and making roads, and erecting bridges, within
the boundaries of said district, west of the Cuyahoga. [Sec 6, 6 v. 3.]
(23-118) [Boundaries of Cuyahoga county; proviso.] All that part
of the county of Geauga, which lies west of the ninth range of townships, shall
be a distinct and separate county, by the name of Cuyahoga; to be organized,
whenever its population shall be sufficient to require the same: provided, that
the money arising to the county from a tax on land within the county of
Cuyahoga, shall be appropriated by the commissioners of the county of Geauga,
and expended in laying out roads, and making bridges within the boundaries
of said county of Cuyahoga. [Sec 7, 6 v. 3.]
Rest of act relates to organization.
As to Trumbull county, see ? (23—95).
•
48
§ (23-119).
COUNTIES.
Tit. I, Div. 2, Chap. 2.
LICKING, KNOX, AND RICHLAND,
(From Fairfield.)
(23-119) [Boundaries of Licking county.] All that part of the
county of Fairfield, within the following boundaries, be, and the same is here-
by laid off into a separate county, which shall be known by the name of
Licking; beginning at the northeast corner of township number seventeen, in
range sixteen; thence west, with the township line, to the west boundary of
the seventeenth range; thence south, to the northeast corner of the twenty-
fourth section, in township seventeen, in the eighteenth range; thence west, on
the sectional lines, to the west boundary of the twentieth range; thence north, to
the south boundary of the military tract; thence east, along the south boundary
of the military tract, to the line between the fifteenth and sixteenth ranges of the
aforesaid military tract, which line shall be the east line of Franklin county;
thence north, along said range line, to the northwest corner of the fourth town-
ship of the fifteenth range of said lands; thence east, along the northern bound-
ary line of the fourth tier of townships, to the northeast corner of the fourth
township, in the tenth range; from thence south, along the western bound-
ary line of Muskingum county, to the place of beginning. [6 v. 21.]
(23-120) [Boundaries of Knox county.] All that tract of country
included in the following boundaries, be, and the same is hereby laid off into
a separate county, which shall be known by the name of Knox: beginning at
the southeast corner of the fifth township of said tenth range; thence west,
along the northern boundary line of said county of Licking, to the line between
the fifteenth and sixteenth ranges aforesaid; thence north, to the northern
boundary of the military land aforesaid; thence westwardly, along said north-
ern boundary line, to the western boundary of the twentieth range of the lands
of the United States, lying north of said military lands; thence north, on said
western boundary line, to the northwest corner of the seventeeenth township
in said range; thence east, until it intersects the said north boundary of the
military land; thence eastwardly, along said northern boundary line, to the
east boundary of said tenth range in the military lands; from thence south,
along said range line, to the place of beginning. [6 v. 21.]
See ?? (23—57), (23—58).
All
(23-121) [Boundaries of Richland county; commencement.]
that tract of country lying north of the aforesaid county of Knox, and south
of the Connecticut western reserve, and so far east as the line between the
fifteenth and sixteenth ranges of congress lands, shall be, and is hereby erected
into a separate county, by the name of Richland; and shall be under the juris-
diction of the county of Knox, until the legislature may think proper to
organize the same. This act shall take effect and be in force, from and after
the first day of March next. [Sec. 7, 6 v. 21.]
As to Fairfield county, see? (23—44).
For an Act to organize Licking and Knox counties, see 6 v. 21.
ALLEN, CRAWFORD, HANCOCK, HARDIN, HENRY, MARION, MERCER, PAULDING, PUTNAM, SAN-
DUSKY, SENECA, VAN WERT, WILLIAMS, AND WOOD.
(23-122) [Boundaries of Allen, Crawford, Hancock, Hardin, Henry,
Marion, Mercer, Paulding, Putnam, Sandusky, Seneca, Van Wert, Wil-
liams, and Wood counties.] All that part of the lands lately ceded by
the Indians to the United States, which lies within this state, shall be, and
the same is hereby erected into fourteen separate and distinct counties,
to be bounded and named as follows, viz: first to include townships one,
two and three south, in the first, second, third and fourth ranges, and to
be known by the name of Van Wert; second, to include all of said ranges
south of said township, to the northern boundaries of the counties hereto
fore organized, and to be known by the name of Mercer; third, to includo
49
Tit. I, Div. 2, Ch. 2.
COUNTIES.
§ (23-123).
townships one and two south, and one and two north, in the fifth, sixth,
seventh and eighth ranges, and to be known by the name of Putnam;
fourth, to include all of the last named ranges, south of the said second town-
ships, to the northern boundaries of the organized counties, and to be known
by the name of Allen; fifth, to include townships one and two south, and one
and two north, in the ninth, tenth, eleventh and twelfth ranges, and to be
known by the name of Hancock; sixth, to include all the last mentioned
ranges, south of said second township, and running south with the range lines
to the northern boundaries of the organized counties, and to be known by the
name of Hardin; seventh, to include townships one, two and three south, in
ranges thirteen, fourteen, fifteen, sixteen and seventeen, and all that may lie
between the same and the west line of Richland county, and to be known by
the name of Crawford; eighth, to include all of the last mentioned ranges,
south of said third townships, and to run south with said range lines, to the
northern boundaries of the organized counties, and east with the township
lines to Richland county line, and to be known by the name of Marion; ninth,
to include townships one, two and three north, in ranges thirteen, fourteen,
fifteen, sixteen and seventeen, and to be known by the name of Seneca; tenth,
to include all of the last mentioned ranges north of said third townships, to
the northern boundary of the state, and to be known by the name of San-
dusky; eleventh, to include all of ranges nine, ten, eleven and twelve north
of the second townships north, in said ranges, and to run north with the same
to the state line, and to be known by the name of Wood; twelfth, to include.
all of ranges five, six, seven and eight north of the second township north, in
said ranges, and to run north with the same to the state line as aforesaid, and
to be known by the name of Henry; thirteenth, to include townships one, two
and three north, in the first, second, third and fourth ranges, and to be known
by the name of Paulding; fourteenth, to include all of the first, second, third
and fourth ranges north of the third townships north in said ranges, and to run
north with the same to the state line, and to be known by the name of Williams.
[18 v. 90.]
(23-123) [Certain counties attached to adjoining counties.] The
counties of Crawford and Marion shall be attached to the county of Delaware;
the county of Hardin shall be attached to the county of Logan; the county
of Allen shall be attached to the county of Shelby; the counties of Van Wert
and Mercer shall be attached to the county of Darke; the counties of Hancock,
Henry, Putnam, Paulding and Williams shall be attached to the county of
Wood; and the county of Seneca shall be attached to the county of Sandusky,
until otherwise directed by law. [18 v. 90.]
((
For an act to organize Allen, Crawford, Hancock, Henry, Marion, Mercer, Paulding,
Putnam, Sandusky, Seneca, Van Wert, Williams and Wood counties, see 18 v. 90.
ATTACHING AND DETACHING.
(23-124) [Certain tract attached to Jefferson county.] All that
part of the seventh range of townships, surveyed under the authority of the
United States, which lies west of the western boundary of the county of
Jefferson be, and the same is hereby attached to, and made a part of the
county of Jefferson; and all officers of the county of Jefferson or elsewhere,
are hereby required to govern themselves accordingly. [5 v. 104.]
As to Jefferson county, see ? (23—62).
[Preamble.] Whereas doubts are entertained, whether according to the
true and legal construction of the act of the general assembly of Ohio,
5
50
§ (23—125).
COUNTIES.
Tit. I, Div. 2, Ch. 2.
entitled “ an act to attach a certain tract of country to the county of Jeffer-
son," to wit: the townships and parts of townships, in the sixth range of town-
ships, at that time being west of Jefferson county, was by said act attached to
the said county of Jefferson: now therefore to remove all doubts as to the true
meaning of said act,
(23-125) [True intent and meaning of certain act declared.] The
true intent and meaning and effect of the said act, was to attach that
part of the sixth and seventh ranges of townships, which lay west of
the then county of Jefferson, to the said county of Jefferson; and the same
shall be construed and taken in all courts in this state, to have attached
the said townships and parts of townships, in the sixth and seventh
ranges of townships, to the said county of Jefferson, and all acts since that
time, done by any executive or judicial officers of the counties of Jefferson,
Tuscarawas, and Harrison, under the authority of this state, shall be deemed
and taken to be as good and valid in law, as if the said townships and parts
of townships, had been in more explicit terms in said act, attached to the said
county of Jefferson; and all that part of said sixth range, lying south of
Stark county, and adjoining to Tuscarawas county, and not attached to Harri-
son county, shall belong to, and the same is hereby attached to said Tusca-
rawas county. This act to take effect and be in force from and after the passage
thereof. [25 v. 15.]
See ? (23-124.)
(23-126) (What part attached to Tuscarawas county.] So much
of the county of Jefferson, as lies west of the fifth range, be, and the same
is hereby annexed to, and made a part of the county of Tuscarawas. [7 v. 142.]
As to Jefferson county, see ? (23—62).
As to Tuscarawas county, see ? (23—96).
(23-127) [Part of Franklin annexed to Delaware county.] All that
part of Franklin county lying north of the county of Delaware, be, and the
same is hereby annexed to the county of Delaware. [7 v. 156.]
As to Franklin county, see ? (23-46).
As to Delaware county, see ? (23—41).
(23-128) [Part of Ashtabula attached to Trumbull county.] All
that part of the county of Ashtabula, which lies south of the township num-
ber nine, be annexed to, and become a part of Trumbull county. [7 v. 143.]
As to Ashtabula county, see ? (23---12).
As to Trumbull county, see ? (23—95).
(23-129) [Boundaries of Cuyahoga established.] The west line of
Cuyahoga county shall be continued from the northwest corner of number five
in the sixteenth range, then north to the northwest corner of number six in
the sixteenth range, then west to Black river. [10 v. 122.]
(23-130) [The county of Medina erected.] All that part of the
Connecticut western reserve, lying west of the eleventh range, south of the
numbers five, and east of the twentieth range, shall be a separate and distinct
county, by the name of Medina, and until organized, shall be attached to and
be a part of the county of Portage. [10 v. 122.]
As to Cuyahoga county, see ? (23—35).
(23-131) [Boundaries.] All that part of Highland county, within
the following boundaries be, and the same is hereby attached to, and shall
remain in the county of Clinton, beginning at the southeast corner of Clinton
county, adjoining Fayette county; thence running a line on a southwesterly
51
Tit. I, Div. 2, Ch. 2.
COUNTIES.
§ (23-132).
direction to strike the line of Clinton county, at such point as to include four
hundred square miles in the said county of Clinton. [11 v. 67.]
As to Highland county, see ? (23—53).
As to Clinton county, see ? (23-29).
(23-132) [Boundaries.] All that part of the county of Butler, lying
and being within the first and second fractional townships, in the fifth range,
and adjoining the south line of Montgomery county, shall be and the same is
hereby attached to and made a part of the county of Warren. [13 v. 109.]
(23-133) [Eleven square miles of Warren county attached to Clin-
ton; manner of laying off and surveying the same.] Eleven square miles
of the territory of the county of Warren, lying upon the eastern boundary
of the county of Warren, and extending parallel to the said eastern bound-
ary of Warren county, along the whole length of such eastern boundary
from north to south, shall be and the same hereby is attached to and
made part of the county of Clinton: and the surveyor of the county of Ross
shall, within thirty days after being duly notified by the commissioners of
Clinton county, proceed to survey and set off to the county of Clinton, the
eleven square miles as aforesaid, by running a straight line from north to south
through the county of Warren, parallel to the eastern boundary thereof so as
to include the eleven square miles aforesaid; and said surveyor shall take to
his assistance chain-men and ax-men, who are not inhabitants of the counties
of Clinton or Warren, who shall be duly sworn as the law directs; and said
surveyor shall make out two accurate copies of the field notes of the line so
run as aforesaid, and deposit one with the clerk of the county of Clinton, and
the other in the office of the secretary of state, who shall preserve the same
with this act; and thereafter the line so run as aforesaid shall be the western
boundary line of the county of Clinton. [13 v. 109.]
(23–134) [The line between Clinton and Highland counties estab-
lished.] The line run by the surveyor of Ross county, from the southeast
corner of Clinton county adjoining Fayette county, to the southeastern corner
of Clinton county adjoining Highland county, on the sixth day of April,
eighteen hundred and thirteen, pursuant to the act to attach part of Highland
county to the county of Clinton, be and the same is hereby declared the
boundary of Clinton county, and the line running between Clinton and High-
land county, from the beginning of said line until it crosses the east fork of
the Little Miami river. [13 v. 109.]
(23-135) [Part of Highland county adjoining Clermont county
attached to Clinton county; expenses: how paid.] That three square
miles and eighteen acres of the county of Highland, to be laid off in man-
ner hereinafter prescribed, shall be and the same is hereby attached to the
county of Clinton: beginning where the line run by the surveyor of the
county of Ross, as described in the foregoing section, crosses the east fork of
the Little Miami river, and extending down the said east fork, until a line due
west to the line of the county of Clermont, between Clermont and Highland
counties, will include in the county of Clinton three square miles, and eighteen
acres of land as aforesaid; and the same shall be surveyed and laid off by the
surveyor of the county of Ross, in the same manner as is prescribed by the
second section of the act to attach part of Highland county to the county of
Clinton, passed the fourth of February, eighteen hundred and thirteen; and
for the services performed under the second and fourth sections of this act,
the surveyor, chain-men and ax-men, shall be allowed the same compensation
as is allowed for similar services under the before-recited act; and the expenses
52
COUNTIES.
§ (23—136).
Tit. I, Div. 2, Ch. 2.
incurred under the second section of this act, shall be paid out of the treasury
of the county of Warren; and the expenses incurred under the fourth
section of this act, shall be paid out of the treasury of the county of Clinton.
[13 v. 109.]
(23-136) [Description of the territory set off.] The territory con
tained within the western half of the fifth section and the whole of the sixth
section, and in the seventh, eighth, ninth, twenty-eighth, twenty-ninth and
thirtieth, half sections of the sixteenth township, twentieth range (being a
part of what is commonly called the Canada and Nova Scotia refugee lands)
in the county of Licking, be and the same is hereby attached to the county of
Franklin, and shall form a part of Plain township in said county. [15 v. 169.]
Rest of act relates to organization.
As to Licking county, see ? (23—119); Franklin county, see ? (23—46).
(23-137) [Description of the territory attached; justices to con-
tinue in office; suits not affected by this act.] All that part of Cham-
paign county, east of the eastern boundary of Clarke county, be, and the same
is hereby attached to the county of Madison; and all justices of the peace
within that part of Champaign county so to be attached, shall continue to
exercise the duties of their offices until their term of service expires, and all
such suits or actions whether of a civil or criminal nature, which may have
been instituted previous to the taking effect of this act, shall be prosecuted to
final judgment and execution in the county of Champaign, and the sheriff,
coroner and constables of Champaign county shall execute all such process as
shall be necessary to carry into effect such suits, prosecutions and judgments
and the collectors of taxes shall collect all such taxes as shall have been levied
and unpaid within that part of Champaign county, previous to the taking
effect of this act. [16 v. 75.]
(23-138) [Proviso as to fractional townships in Clarke county.]
The fractional townships in the north part of Clarke county, shall each com-
pose an election district, anything in the act to erect the county of Clarke to
the contrary notwithstanding. This act to take effect and be in force from
[16 v. 75.]
and after the first day of March next.
As to Champaign county, see ? (23-25).
As to Madison county, see ? (23-69).
(23-139) [Part of Lawrence attached to Scioto county; suits
not affected by this act; when to take effect.] All that part of the
county of Lawrence that lies in townships number three and four, in the
nineteenth range of said county, be and the same is hereby attached to
the county of Scioto; and all justices of the peace within that part of the
county of Lawrence, so to be attached to the county of Scioto, shall continue
to exercise the duties of their office until their time of office expires; and all
suits or actions, whether of a civil or criminal nature, which may have been
or shall be commenced previous to the taking effect of this act, shall be pros-
'ecuted to final judgment and execution in the county of Lawrence; and the
sheriff, coroner and constables of said county shall execute all such process as
shall be necessary to carry into effect such suits, prosecutions and judgments;
and the collector of taxes shall collect all such taxes as shall have been levied
and unpaid within that part of Lawrence county, previous to the taking effect
of this act. This act to take effect and be in force from and after the first day
of March next. [16 v. 77.]
As to Lawrence county, see ? (23-64).
As to Scioto county, see? (23—90).
53
Tit. I, Div. 2, Ch. 2.
COUNTIES.
§ (23-140).
(23-140) [Part of Gallia attached to Lawrence; suits not affected
by this act.] So much of the county of Gallia that is contained in the
second fractional township, in range fifteen, be and the same is hereby attached
to the county of Lawrence; and all justices of the peace, within that part of
the county of Gallia, so to be attached to the county of Lawrence, shall con-
tinue to exercise the duties of their office, until their term of office expires:
and all suits or actions, whether of a civil or criminal nature, which may have
been or shall be commenced previous to the taking effect of this act, shall be
prosecuted to final judgment and execution in the county of Gallia; and the
sheriff, coroner and constables of said county, shall execute all such process as
shall be necessary to carry into effect such suits, prosecutions and judgments;
and the collectors of taxes, shall collect all such taxes as shall have been levied,
and are unpaid within that part of Gallia county, previous to the taking effect
of this act. [17 v. 3.]
As to Gallia county, see ? (23—49).
As to Lawrence county, see ? (23-64).
(23-141) [Part of Morgan county attached to Monroe county.] So
much of the county of Morgan as is contained in the sixth and seventh town-
ships, of range eight, be and the same is hereby attached to the county of Mon-
roe; and all justices of the peace, within that part of the county of Morgan, so
to be attached to the county of Monroe, shall continue to exercise the duties
of their office, until their terms of office shall expire; and all suits or actions,
whether of a civil or criminal nature, which may have been or shall be com-
menced previous to the taking effect of this act, shall be prosecuted to final
judgment and execution in the county of Morgan, and the sheriff, coroner, and
constables of said county, shall execute all such process as shall be necessary to
carry into effect such suits, prosecutions and judgments, and the collectors of
taxes shall collect all such taxes as shall have been levied and are unpaid,
within that part of Morgan county, previous to the taking effect of this act.
[18 v. 4.]
As to Morgan county, see ?(23—76).
As to Monroe county, see ? (23-74).
(23–142) [Part of Lawrence county attached to Scioto county.]
All that part of Lawrence county which lies within the following bounds, be,
and the same is hereby, attached and made a part of the county of Scioto, to
wit: beginning at the northeast corner of section number twenty-nine, in
township number four, of range number eighteen, running south to the south-
east corner of section number five, in township number three, of range num-
ber eighteen; thence west to the southwest corner of section number six, in
the township and range aforesaid. This act to take effect and be in force from
and after the first day of March next. [24 v. 76.]
As to Lawrence county, see ? (23—64).
As to Scioto county, see ? (23—90).
(23-143) [Part of Shelby county attached to Mercer county.] So
much of Shelby county as lies north of the south boundary of township
numbered seven, south of the base line, in range four, east of the first merid-
ian, be, and the same is hereby, attached to, and made a part of, Mercer county.
This act to take effect and be in force from and after the first day of March
next. [24 v. 62.]
As to Shelby county, see ? (23—91).
(23-144) [Certain part of Medina attached to the county of Lorain.]
All that part of Medina county, which lies west of the sixteenth range of
townships, together with township number four, in the sixteenth range, be,
and the same is hereby attached to the county of Lorain, and shall hereafter
54
§ (23-145).
COUNTIES.
Tit. I, Div. 2, Ch. 2.
be and remain to all intents and purposes, part of said county of Lorain.
[25 v. 111.]
(23-145) [Part of Lorain attached to Cuyahoga.] All that part of
township number six, in the sixteenth range, which is now a part of Lorain
county, be, and the same is hereby, attached to the county of Cuyahoga, and
shall be a part of the township of Middlebury, until otherwise provided for.
[25 v. 111.]
(23-146) [No. 3 attached to Medina.] Township number three, in
the sixteenth range, be, and the same is hereby, attached to the township of
Medina, in Medina county. [25 v. 111.]
(23-147) [The western boundary of Portage county defined.] The
west line of the eleventh range, designated as the west line of Portage county,
shall, for all purposes whatsoever, be understood to be as follows, to wit:
beginning on the south line of the Connecticut western reserve, at the
point where the middle of the Tuscarawas river intersects the same, thence
northerly, following the middle of the said Tuscarawas river, to the range.
line, between the eleventh and twelfth ranges, as run by the Connecticut
land company; thence north on said range line, to the north line of the
townships numbered three, in said ranges; thence north on the course of the
range line last aforesaid, to the north line of the township numbered four;
thence east on the north line of number four, in the eleventh range, to the
middle of the Cuyahoga river; thence down the middle of said river, to the
north line of the township numbered five, in said ranges; and that part of
said line as herein defined, lying between the townships numbered four, in
the eleventh and twelfth ranges, not heretofore run and marked, shall be run
and marked by the county surveyors, of the counties of Portage and Medina,
under the direction of the county auditors of said counties, as soon after the
passage of this act as convenience will permit. [Sec. 6, 25 v. 111.]
Rest of act relates to organization.
As to Lorain county, see ? (23—66).
(23-148) [Allen attached to Mercer county.] The county of Allen
be, and the same is hereby attached to the county of Mercer, for judicial and
other purposes. [26 v. 3.]
(23-149) [South half of certain sections in Licking county at-
tached to Thorn township, Perry county.] The south half of sections
seventeen and eighteen, in township number nineteen, of range number seven-
teen, refugee, be, and the same hereby is attached to Thorn township, in the
county of Perry, and shall, from henceforth, be considered for all purposes
whatever, a part of said county. [35 v. 97.]
As to Perry county, see? (23-85).
(23-150) [Certain sections in Lawrence county attached to Gallia
county.] Sections one and two, in township number five, of range number
seven, in the county of Lawrence, be, and the same is hereby attached to the
township of Walnut in the county of Gallia. [37 v. 229.]
As to Gallia county, see ? (23—49).
As to Lawrence county, see ? (23-64).
(23-151) [Certain section in Gallia county attached to Lawrence
county.] That section two, in township five, of range seven, in the county
of Gallia, mentioned in an act entitled "an act to attach a part of the county
of Lawrence to the county of Gallia," passed March 15, 1839, be, and the same
is hereby attached to the county of Lawrence, as it was before the passage of
the aforesaid act; and section twelve, in said township five, of range seven, in
55
Tit. I, Div. 2, Chap. 2.
COUNTIES.
§ (23-152).
the county of Lawrence, be, and the same is hereby attached to the township
of Walnut, in the county of Gallia, under the same provisions, and saving
clauses as are mentioned in the second section of the act aforesaid. [38 v. 46.]
See ?? (23-150).
(23-152) [Part of Clay township in Ottawa county attached to
Sandusky county.] All that part of Clay township in Ottawa county, as
follows: commencing at the southwest corner of section twenty-three, thence
north to the northwest corner of section eleven, thence west to the Wood
county line, be, and the same is hereby attached to the county of Sandusky.
[38 v. 201.]
As to Ottawa county, see ? (23—83).
(23-153) [Territory taken from Hancock county and annexed to
Wyandot county not to be held liable for certain taxes. The territory
taken from the county of Hancock, and attached to the county of Wyandot,
shall not be held liable for any tax that may be assessed by the commissioners
of Hancock county, for railroad purposes, that was not authorized by law to be
assessed at the time of the passage of the act to erect the new county of Wyan-
dot, and alter the boundaries of the county of Crawford. [43 v. 184.]
(23-154) [Certain sections detached from Ashland county and
attached to Richland county.] Sections one, two, eleven, twelve, thirteen,
and fourteen, which were, previous to the erection of the county of Ashland,
a part of the township of Monroe, in Richland county, and at this time a part
of Greene township, Ashland county, be, and the same are hereby detached
from said county of Ashland, and attached to Monroe township, in Richland
county; also, that the parts of the following sections, to wit: the southwest
quarter of section three, and the southeast quarter and the northwest quarter
of section four, all of township twenty-three and range seventeen, be, and the
same are hereby detached from the county of Ashland and attached to the
county of Richland, and made a part of the township in Richland county from
which the same was taken when Ashland county was created. [45 v. 37.]
As to Ashland county, see ? (23—10).
As to Richland county, see ? (23—88).
(23-155) [Certain sections in Morrow county attached to Richland
county.] Sections twenty-eight and thirty-three, which were, previous to the
erection of the county of Morrow, a part of the township of Troy, in Richland
county, and at this time a part of Troy township, Morrow county, be, and
the same are hereby detached from said county of Morrow, and attached to
Troy township, in Richland county, and shall hereafter form a part of said
township of Troy. [47 v. 362.]
As to Morrow county, see? (23—77).
As to Richland county, see ? (23–88).
(23-156) [Certain sections in Fairfield county attached to Franklin
county.] The western tier of sections of township fifteen (Violet township),
Fairfield county, be, and the same is hereby attached to Truro and Madison
townships, Franklin county. [49 v. 150.]
(23-157) [Certain sections attached to Madison township, Franklin
county.] That portion of said tier of sections lying north of the line between
Truro and Madison townships, Franklin county, be, and the same is hereby
attached to Madison township. [49 v. 150.]
As to Fairfield county, see ? (23—44).
As to Franklin county, see 2 (23-46).
56
(23-158).
COUNTIES.
Tit. I, Div. 2, Ch. 2
ALTERING.
(23-158) [Alterations of the boundaries of Hamilton, Wayne, and
Knox counties. The western boundary of the county of Hamilton, shall
begin at the spot on the bank of the Ohio river, where the general boundary
line between the lands of the United States and the Indian tribes, established
at Greenville the third day of August, 1795, intersects the bank of that river,
and run with that general boundary line to Fort Recovery, and from thence
by a line to be drawn due north from Fort Recovery, until it intersects the
southern boundary line of the county of Wayne and the said line from the
Ohio to Fort Recovery, and from thence to the southern boundary of the
county of Wayne, shall also be the eastern boundary of the county of Knox.
[Proclamation issued June 22, 1798.]
As to Hamilton county, see ? (23–51).
As to Wayne county, see ? (23-105).
As to Knox county, see? (23-120) (23—57, 58).
[Preamble.] Whereas the legislature has received information that it will
tend to the convenience of some of the inhabitants of the aforesaid counties
to have the division line altered: therefore,
(23-159) [Line of division between the counties of Washington
and Jefferson.] The line dividing said counties shall be as follows, to wit:
beginning on the Ohio river at the southern boundary of the fourth township
in third range of those seven ranges of townships, that were surveyed in con-
formity to the ordinance of congress of the twentieth of May, one thousand
seven hundred and eighty-five, and with said southern boundary of said town-
ship west to the southwest corner of the seventh township in the sixth range;
thence north along the western boundary of the said range to the termination
thereof, continued a north line until it strikes the southern boundary line of
the Connecticut reserve. [Approved Dec. 19, 1799.]
As to Jefferson county, see ? (23—62).
As to Washington county, see ? (23-104).
(23-160) [Part of Gallia attached to Scioto.] So much of the
county of Gallia, as lies west of the seventeenth range of townships, be and
the same is hereby annexed to the county of Scioto. [3 v. 294.]
As to Scioto county, see ? (23—90).
As to Gallia county, see ? (23—49).
(23--161) [Boundary.] The following alteration of the boundary line
between the counties of Athens and Gallia, shall take place, viz: beginning at
the northwest corner of section number twenty-four, in township number
three, of range number twelve; thence south on the sectional line of number
twenty-four, to the southwest corner of said section; thence east with the
sectional lines between the fifth and sixth tier of sections, to the Ohio river.
[5 v. 105.]
Rest of act relates to organization.
As to Athens county, see? (23—14).
As to Gallia county, see ? (23-49).
(23-162) [Part of Washington attached to Athens county.] All
that part of the county of Washington, included within the following bound-
aries, be, and the same is hereby attached to, and made a part of the county of
Athens, viz: beginning at the mouth of the Great Hockhocking river; thence
up the river Ohio, until it intersects the line of the fifth township, in the
eleventh range; thence north on the said line to the corner of said township,
number five; thence west with the township line to the Hockhocking river:
57
Tit. I, Div. 2, Ch. 2.
COUNTIES.
§ (23-163).
thence up the said river until it intersects the line dividing the said counties
of Washington and Athens. [6 v. 149.]
(23-163) [Part of Athens attached to Washington county.] That
all that part of the county of Athens, comprised within the following bound-
aries, be, and the same is hereby attached to, and made part of the county of
Washington, viz: beginning at the southeast corner of section number four, in
the sixth township and twelfth range; thence west to the southwest corner of
said section; thence north with the sectional line, to the north boundary line
of Athens county; thence east with the township line, to the line of Washing-
ton county. [6 v. 149.]
As to Washington county, see ? (23—104).
As to Athens county, see ? (23—14).
(23-164) [Boundaries of Cuyahoga county.] The county of Cuya-
hoga shall extend from the southwest corner of number five, in the fourteenth
range of the Connecticut western reserve, to the southwest corner of number
five, in the sixteenth range; thence north by the west line of the sixteenth
range, to the northwest corner of number five, in the sixteenth range; thence
west to the middle of Black river; thence down the middle of said river to
Lake Erie. [9 v. 27.]
(23-165) [Boundaries of Huron county.] That the east line of Huron
county shall extend from the northeast corner of number four, in the twentieth
range, to the southwest corner of number five, in the sixteenth range; thence
north to the northwest corner of number six, in the sixteenth range, then
west to the middle of Black river; then down the middle of Black river to
Lake Erie. [9 v. 27.]
(23-166) [Boundaries of Portage county.] That the west line of the
eleventh range of the Connecticut western reserve, shall be the west line of the
county of Portage. [9 v. 27.]
As to Cuyahoga county, see ? (23—35).
As to Huron county, see? (23—59).
(23-167) [Certain sections of Washington county attached to
Athens county; certain sections of Athens county attached to Washington
county.] All that part of the county of Washington, contained in the sec-
tions numbers thirty-one and thirty-two, in the sixth township in the eleventh
range, in the Ohio company's purchase, shall be attached to, and become a part.
of the county of Athens, and all that part of the county of Athens contained
in sections numbers eleven and twelve, in the eighth township and twelfth
range, shall be attached to, and become a part of the county of Washington.
[12 v. 146].
As to Washington county, se● ? (23—104).
As to Athens county, see? (23—14).
(23-168) [Portion of the boundary line between Stark and Tus-
carawas counties altered.] A portion of the boundary line between the
counties of Stark and Tuscarawas shall be so altered as to run in the following
manner, to wit: beginning at that point where the south line of section
twenty-five, in township nine, range nine, in Stark county, intersects the
Tuscarawas river, and running thence northwardly and westwardly, along the
center of said river, until it again intersects the present boundary line between
the said counties of Stark and Tuscarawas, at or near the aqueduct north of
the town of Bolivar. [46 v. 79].
(23-169) [Certain sections in Stark county attached to Tuscarawas
county.] So much of sections twenty-five, twenty-six, thirty-five, and thirty-
six, in township nine, range nine, in Stark county, as lies south of the line
58
§ (23—170).
COUNTIES.
Tit. I, Div. 2, Ch. 2.
designated in section one of this act, shall be hereby attached to the county of
Tuscarawas; and the said territory shall hereafter compose a part of the town-
ship of Lawrence, in the said county of Tuscarawas. [46 v. 79.]
As to Stark county, see? (23—92).
As to Tuscarawas county, see ? (23—96).
(23-170) [Change in the boundary line between Logan and Shelby
counties.] The boundary line between Logan and Shelby counties be changed
so as to run parallel with section lines instead of angling across them as it now
does, to wit: That said line be located on the north and south center line of
section number thirty-six, township six, south, range seven, east, and sections
one, twelve, thirteen, twenty-four, twenty-five and thirty-six of township seven,
south, range seven, east, to the Greenville treaty line, thence with it west to
the center of the east half of section twenty-nine, township two, range eight,
east; thence with the line through the center of the east half of said section
number twenty-nine and section thirty-two, range eight, east, and of sections
five, eight, seventeen and twenty to the Great Miami river. [80 v. 324.]
(23-171) (To be submitted to a vote of the electors October 9,
1883.] The proposition to change the county lines of said counties as above
provided shall be submitted to the qualified electors of said counties at the
next annual election, to be held on the second Tuesday of October, 1883.
Those who are in favor of the change will indorse on their ballots, "Change
of county line-Yes;" those who are opposed will indorse on their ballots,
Change of county line-No." If a majority of all the votes in each county
shall be in favor of changing the county lines, then the boundaries of said
counties shall hereafter be established as in section one § (23-170) of this act,
and the lands changed hereby shall be transferred to the duplicate of the coun-
ty in which they may become situate. [80 v. 324.]
((
As to Logan county, see ? (23—65).
As to Shelby county, see ? (23—91).
(23-172) [Boundary line between Auglaize and Logan counties.]
The boundary line between Auglaize and Logan counties be changed so as to
run parallel with section lines instead of angling across them as it now does ;
that said line be located as follows, to-wit: commencing at the northeast cor-
ner of Shelby county, being the quarter corner to sections twenty-five and
thirty-six, town six south, range seven east, and running thence east to the
southeast corner of said section twenty-five, town six south, range seven east;
thence north along the range line three and a half miles to the west corner of
section seven, town six south, range eight east; thence east along the quarter
section line through sections seven, eight, nine, ten and fractional eleven, town
six south, range eight east, to the west line of Valentine Peers, Virginia mili-
tary survey, No. 12,276, original quantity 2,666 acres; thence parallel to the
south line of said survey No. 12,276 to the Hardin county line; thence south
along said Hardin county line to the southwest corner of said Hardin county.
[85 v. 418; 84 v. 276; 83 v. 332.]
(23-173) [To be voted on in November, 1888.] The proposition to
change the county lines of said counties as above provided, shall be submitted
to the qualified electors of said counties at the next annual election, to be held
on the first Tuesday of November, 1888. Those who are in favor of the change
will indorse on their bollots, "Change of county line-Yes." Those who are
opposed will indorse on their ballots, "Change of county line-No."
majority of all the votes cast in each county shall be in favor of changing the
county lines, then the boundaries of said counties shall hereafter be established as
in section one §(23-172) of this act, and the lands changed hereby shall be trans-
If a
59
Tit. I, Div. 2, Ch. 2.
COUNTIES.
§ (23-174).
ferred to the duplicate of the county in which they may become situate. [85
v. 418; 84 v. 276; 83 v. 332.]
As to Auglaize county, see ? (23—15).
As to Logan county, see? (33—65).
(23-174) [Boundary line between Clarke and Madison counties.]
The line between the counties of Clarke and Madison be, and the same is
hereby, established as follows, viz: beginning at the northeast corner of
Clarke county, and to run from thence to a point, so far east of the southeast
corner of the said county of Clarke, as will leave as much land or territory, in
the said county of Clarke, as shall be taken by the county of Madison, or in
other words, the said line shall be so run, as to include in, and exclude from
the said counties respectively an equal quantity of territory. [25 v. 24.]
As to Clarke county, see ? (23—27).
As to Madison county, see ? (23—69).
(23-175) [Surveyors directed to ascertain the dividing lines of
certain counties; lines to be marked and miles numbered; to make out
two plats, etc.] The dividing line between the counties of Adams and Ross,
west of the Scioto river, the dividing line between Adams and Clermont
counties, the dividing line between Ross and Clermont counties, so much
of the dividing lines between Hamilton and Clermont counties, as lies
between the Ohio river and the mouth of the East fork of the Little
Miami river, and the dividing line between Hamilton and Ross counties,
shall be ascertained by the surveyors of the said counties. The surveyors
of each county, or his or their deputies, shall be present at the running
the division lines aforesaid, in which his or their counties are interested, and
shall run and mark the said lines by the true meridian, as near as may be,
and number each mile on such lines with a marking iron, on a tree, as near
as may be to the end of each mile; and the different surveyors shall make
out two plats of the line or lines that their county is bounded with, describing
the different water courses that the line or lines cross or crosses, and all
remarkable objects; one of which shall be delivered to the clerk of the court
of general quarter-sessions, and the other recorded in his office: and there
shall be allowed and paid to each surveyor, one dollar, for each mile run as
aforesaid, out of their county treasury respectively, which shall include all
the expenses of running and marking the lines aforesaid; and each surveyor
shall pay his respective portion of the expenses incurred in running the said
lines. [Approved Jan. 23, 1802.]
(23-176) [Boundary; when to take effect.] The following boundary
is hereby established between the counties of Hamilton and Butler, to wit:
beginning at the southwest corner of the county of Warren, and at the
northeast corner of section number seven, in the third township of the second
entire range of townships, in the Miami purchase; thence westwardly, along
the line of said tier of sections, to the great Miami river; thence down the
Miami river, to the point where the line of the next original surveyed town-
ship strikes the same; thence along the said line, to the western boundary of
the state. This act shall take effect and be in force from and after the passage
thereof. [6 v. 10.]
As to Hamilton county, see ? (23—51).
60
COUNTIES.
§ (23—177).
Tit. I, Div. 2, Ch. 2.
Whereas, a difference of opinion has arisen between the surveyors of
Adams and Brown counties as to the course that the said line should be run;
therefore,
(23-177) [Boundary line between Adams and Brown counties.]
The line between the counties of Adams and Brown, as is called for in the
first section of the act to erect the county of Brown, shall be run north and
south, from the beginning thereof, by the present point of the needle, without
allowing any variation of the compass thereon: and the surveyors aforesaid
shall govern themselves accordingly. This act shall take effect and be in force-
from and after the passage thereof. [17 v. 130.]
As to Adams county, see ? (23—9).
As to Brown county, see ? (23—21).
(23–178) [Eastern boundary of Champaign county.] The line
formerly run by Solomon M'Culloch, as the eastern boundary line of Cham-
paign county, be, and the same is hereby declared the eastern boundary of
said county. [19 v. 73.]
(23-179) [Eastern boundary of Clarke county.] That so much of
said line as lies north of a point, six miles north of the southeast corner of
the county of Champaign, be, and the same is hereby declared the eastern
boundary of the county of Clarke. [19 v. 73.]
(23-180) [Boundary between Madison and Union counties.] That
the line between the counties of Madison and Union shall be run parallel with
the line formerly run as the dividing line between the counties of Madison
and Franklin, and the county of Delaware. [19 v. 73.]
As to Champaign county, see ? (23--25).
As to Clarke county, see? (23—27).
As to Madison county, see ? (23-69).
As to Union county, see? (23—97).
(23-181) [Eastern boundary line of Champaign county.] The line.
formerly run by Solomon M'Culloch, between the counties of Champaign and
Madison, as continued by John Rhodes, between the counties of Champaign
and Union, to the northeast corner of Champaign county, be and the same
is hereby declared to be the eastern boundary of Champaign county: provided,
that this act shall not in anywise change or alter the line between the counties
of Logan and Union. [21 v. 4.]
As to Champaign county, see ? (23—25).
(23-182) [Boundary line between Logan and Union counties.] The
line between the county of Logan and the county of Union, shall begin at a
point three miles west of the northeast corner of Champaign county; thence
north by a line which shall be run parallel with the eastern boundary of
Champaign county; and the county surveyors of the counties of Logan and
Union shall be governed according to the provisions of this act. [22 v. 7.]
As to Logan county, see ? (23-65); Union county, see? (23—98).
(23-183) [How boundary line between Madison county and Union
county surveyed.] William Wilson of Clarke county is hereby appointed
to run, survey, and mark carefully a line between said counties, to commence
at the southeast corner of the county of Union, and run from thence a due
west course to the eastern boundary of Champaign county, and said surveyor
shall make out duplicates of such survey with the plats and notes thereof, one
of which he shall leave with the commissioners of each county, which commis-
sioners are required to keep the same carefully on file in their respective
offices, and from which they shall make out an accurate abstract, and deliver
such abstract to the recorder of their county, who is required to record the
61
Tit. I, Div. 2, Ch. 2.
COUNTIES.
§ (23-184).
same, which line so surveyed, platted, and returned, shall be, and remain the
established line between the counties of Union and Madison. [23 v. 12.]
As to Madison county, see ? (23—69); Union county, see? (23—97).
[Preamble.] Whereas doubts exist, relative to the boundaries of counties,
in that part of the state of Ohio, covered by the waters of Lake Erie, and lying
west of the west line of Pennsylvania, south of the northern boundary line of
the United States, and east of the east line of the twentieth range of the Con-
necticut western reserve, extended due north, to said boundary line: therefore,
(23-184) [Boundaries of Ashtabula, Geauga, Cuyahoga, and Lorain
counties. The north and south lines of the several counties of Ashtabula,
Geauga, Cuyahoga, and Lorain, are hereby declared to extend due north, from
the shore of Lake Erie, to the northern boundary line of the United States, in
Lake Erie aforesaid; and all that part of the state of Ohio, which lies north
of the south shore of said Lake, and south of the said boundary line, and be-
tween the lines of said counties of Ashtabula, Geauga, Cuyahoga, and Lorain,
extended as aforesaid, is hereby declared to be a part of said counties, respect-
ively. [25 v. 99.]
As to Ashtabula county, see ? (23-12); Cuyahoga county, see? (23-35); Lorain
county, see ? (23—66).
(23-185) [Boundary line between the counties of Madison and
Union.] Jeremiah M'Lene, of the county of Franklin, be, and he hereby is,
appointed to run, survey, mark, and establish a line between the counties of
Madison and Union; to commence at the southeast corner of the county of
Union, and running from thence on a direct line, to a point in the line of
the eastern boundary of the county of Champaign, two miles and a half south
of the line formerly run between the counties of Delaware and Madison; and
said surveyor shall make out duplicates of such survey, with plats and field
notes thereof, one of which he shall deposit with the county commissioners
of each of the counties of Madison and Union; and said commissioners are
required to keep the same carefully on file, in their respective offices, and shall
make out therefrom, an accurate abstract, and deliver the same to the recorder
of deeds of their respective counties, and said recorders are required to record
the same on their books, for the recording of deeds; which line so run, sur-
veyed, platted, and returned, shall be and remain the established line, between
the aforesaid counties of Madison and Union. [25 v. 99.]
As to Madison county, see ? (23—69).
As to Union county, see (23—97).
(23-186)
[Boundary line between Madison and Union established.]
The line run as the line between the counties of Madison and Union, by Levi
Phelps, in the year one thousand eight hundred and twenty, be, and the same
is hereby declared to be the established line between the aforesaid counties.
[26 v. 4.]
(23-187) [Boundary line between Hardin and Logan.] The line.
run by James W. Marmon, in the year 1832, as the north line of Logan county,
and which has ever since been known as the line between the counties of
Hardin and Logan, be and the same is hereby established as the line between
said counties. [80 v. 341.]
As to Union county, see (23-97).
Rest of act relates to organization.
62
§§ 24-25.
ORGANIZATION OF GENERAL ASSEMBLY. Tit. II, Ch. 1.
CHAPTER 1.
CHAPTER 2.
CHAPTER 3.
CHAPTER 4.
TITLE II. Legislative.
ORGANIZATION OF THE GENERAL Assembly.
TESTIMONY IN IMPEACHMENTS.
POWERS OF COMMITTEES.
JOURNALS, AND the Printing and DISTRIBUTION OF LAWS AND
DOCUMENTS.
CHAPTER 5. OPERATION OF STATUTES.
CHAPTER 1.
•
SECTION
24. Evidence of membership.
25. Organization of the senate.
25-1. Duties of certain officers.
25-2. Compensation.
36.
37.
26. Officers of senate; their election.
ORGANIZATION OF THE GENERAL ASSEMBLY.
SECTION
35. Who to act in absence of clerk or sergeant-at-
arms.
Power of each branch over absent members.
Resignation of a member before, during or
after a session.
27. Organization of the house.
38.
28. Officers of the house; their election.
29. Additional assistants; when and how elected or ap-
pointed.
39.
40.
41.
30. Who may administer oath of office to members
42.
Joint convention; how formed and conducted.
Duties of sergeants-at-arms at close of session.
Salary and mileage of members of general assembly.
Per diem of officers of the senate and house.
The word "attendance" construed.
and officers.
43.
Compensation of the clerks of the two branches
for services after adjournment.
44.
President of the senate and speaker of the house
to certify as to per diem.
45.
Compensation of sergeants-at-arms for services
after adjournment.
46.
Compensation of pages and other employes.
31. Clerks and sergeants-at-arms: their term and re-
moval.
32. Clerks and sergeants-at-arms to control assistants.
33. In election of officers, majority required to tenth
voting.
34. Pages, by whom appointed and removed.
No member eligible to be trustee of any benevolent, educational, penal or reformatory
institution. (18-1).
For "an act to give preference of appointment or employment to honorably discharged
soldiers," (92 v. 50), see ? (3107—48).
As to designation of youth by member of general assembly for admission to Wilber-
force university, Greene county, Ohio, (92 v. 275), see (4105-65).
SEC. 24. [Evidence of membership.] For all purposes of the organiza-
tion of the senate and house of representatives of the general assembly, the
certificate of election, from the clerk of the court of common pleas of the proper
county, shall be held and considered as prima facie evidence of the right to
membership of the person therein certified to be elected senator or representa-
tive. [51 v. 330, § 2; S. & C. 668.]
The certificate of election is the prima facie evidence of the right to a seat in the senate, and until the
certificate is awarded, no contest can be instituted in that body: State ex rel. v. Dalton, 1 C. C. 143.
SEC. 25. [Organization of the senate.] At the hour of ten o'clock, fore-
noon, of the day appointed for the beginning of any regular session of the
general assembly, the president of the senate, or in case of his absence or inabil-
ity, the oldest man present who is a senator elect, shall take the chair and call
the members elect to order, and shall appoint one of them clerk pro tempore;
and the president or chairman shall then call over the senatorial districts in
their numerical order, and as the same are called the persons claiming to be
members shall present their certificates and take the oath of office. [51 v. 330,
§ 3; S. & C. 668.]
63
Tit. II, Ch. 1. ORGANIZATION OF GENERAL ASSEMBLY. § (25—1).
(25-1) [General assembly: duties of certain officers.] It shall be
the duty of the following named officers in each branch of the general assem-
bly of Ohio, to be present at the organization of the next succeeding general
assembly, and to assist in the organization thereof, to-wit: The chief clerk,
journal clerk, message clerk, sergeant-at-arms and the second assistant sergeant-
at-arms. [1887, March 18: 84 v. 112; 81 v. 58.]
(25-2) [Compensation of officers.] Said clerks and sergeants-at-arms
of the Senate and House of Representatives shall each be entitled to receive
pay for services so rendered, at the rate of five dollars per diem, for a period
not exceeding ten days; provided, that in case either of said officers shall
have been re-elected to his position in the succeeding legislature, he shall only
be entitled to the pay heretofore provided by law.
SEC. 26. [Officers of senate; their election.] After the members elect
have taken such oath, if there be a quorum present, the senate shall proceed
to the election of a president pro tempore, a clerk and five assistant clerks,
to wit: a journal clerk, a message clerk, an engrossing clerk, an enrolling clerk,
and a recording clerk, a sergeant-at-arms, a first assistant sergeant-at-arms, and
a second assistant sergeant-at-arms; and the election shall be in the order
herein stated, and by viva voce voting. [1882, April 17: 79 v. 104; Rev. Stat.
1880; 51 v. 330, § 4; (S. & C. 668).]
The journals of the two houses are the only competent evidence to show the election of an officer; when
journals of senate show the election of Lemuel Moffitt for judge, and the journal of the house the election of
Samuel Moffitt, the election is void for uncertainty: State ex rel. Loomis v. Moffitt, 5 O. 358.
SEC. 27. [Organization of the house of representatives.] At the same
time fixed for calling the senate to order, the secretary of state, or in case of
his absence or inability, the auditor of state, in the hall of the house of repre-
sentatives, shall take the chair and call the members elect to order, and appoint
one of them clerk pro tempore; the several counties and districts of the state
shall be called over by the officer presiding, in alphabetical order, and as the
counties are called the members elect therefrom, or from the districts composed
thereof, shall present their certificates, and take the oath of office. [51 v. 330, § 6;
S. & C. 668.]
See ? (25—1).
SEC. 28. [Officers of the house; their election.] After the members
elect shall have taken the oath of office, if there be a quorum present, the
house shall proceed to the election of a speaker, a speaker pro tempore, a
clerk, five assistant clerks, to wit: a journal clerk, a message clerk, an engross-
ing clerk, an enrolling clerk, and a recording clerk, a sergeant-at-arms, a first
assistant sergeant-at-arms, a second assistant sergeant-at-arms, and a third
assistant sergeant-at-arms; and the election shall be in the order herein stated,
and by viva voce voting. [1882, April 17: 79 v. 104, 105; Rev. Stat. 1880; 58 v.
18, §7; (S. & C. 669; S. & S. 379).]
SEC. 29. [Additional assistants; when and how elected or appointed.]
No additional assistant clerks or assistant sergeants-at-arms shall be elected or
appointed in either branch of the general assembly, except on the application.
of the clerk or sergeant-at-arms, stating the number necessary, and the passage
of a resolution by such branch providing therefor; and such resolution may
provide either for the election of such assistants or for their appointment by
the clerk and sergeant-at-arms, respectively. [1882, April 17: 79 v. 104, 105;
Rev. Stat. 1880; 58 v. 18, §7; (S. & S. 379).]
SEC. 30. [Oath of office of members and officers; by whom adminis-
tered.] The oath of office of senators and representatives, the president pro
tempore of the senate, the speaker and speaker pro tempore of the house, the
clerk of each branch, the assistant clerks, the sergeant-at-arms, and the assist-
ant sergeants-at-arms, may be administered by any member or by any person
authorized to administer oaths. [51 v. 330, $$ 3, 6, 8; S. & C. 668.]
64
§§ 31-37.
ORGANIZATION OF GENERAL ASSEMBLY. Tit. II, Ch. 1.
SEC. 31. [Term of office of clerk and sergeant - at- arms; their
removal.] The clerk and sergeant-at-arms of each branch shall hold their
offices during the term of the senators and representatives electing them,
respectively, unless sooner removed by resolution of the branch whose officers
they are, respectively. [51 v. 330, §§ 5, 9; S. & C. 668.]
See ? (25—2).
SEC. 32. [Clerk and sergeant-at-arms shall control and may, for cause,
dismiss assistants; either branch may dismiss by resolution.] The clerk
and sergeant-at-arms of each branch shall have control and direction of their
respective assistants, and may dismiss any of them whose services are not
needed or who do not perform their duties in a satisfactory manner; and either
branch may, by resolution, dismiss any such assistants. [51 v. 330, § 5; 58 v.
18, § 7; S. & C. 668; S. & S. 379.]
SEC. 33. [A majority of votes required to elect, till after the tenth
voting.] A majority of all the votes given at any election for an officer of
either branch, shall be necessary to elect; but if a choice be not made on or
before the tenth voting, the person thereafter receiving the highest number of
votes shall be declared duly elected. [51 v. 330, § 11; S. & C. 669.]
SEC. 34. [Pages, and by whom appointed; removal for cause; addi-
tional pages.] The president of the senate shall appoint three pages, and the
speaker of the house shall appoint five pages, who shall serve during the ses-
sions of the general assembly, unless sooner dismissed for cause by the officer
appointing, or the branch in which they are appointed; and additional pages
may be appointed or authorized by resolution of either branch. [51 v. 330, § 10;
S. & C. 669.]
SEC. 35. [During absence or disability of clerk or sergeant-at-arms,
appointment pro tem.] Either branch, at any time, in the absence or during
the disability of its clerk or sergeant-at-arms, may, by resolution, constitute any
one of the assistant clerks, clerk pro tempore, or any one of the assistant ser-
geants-at-arms, sergeant-at-arms pro tempore, and thereupon, the duties of the
clerk or sergeant-at-arms shall devolve on his assistant so appointed, and such
appointee shall, during the absence or disability of his principal, have all the
powers and be charged with all the duties devolved on or required of the clerk
or sergeant-at-arms whose place he fills. [62 v. 3, §§ 1, 2; S. & S. 379.]
SEC. 36. [Power of each branch over absent members; penalty for
unexcused absence.] Whenever, at the commencement of, or during a regular,
adjourned, or called session of the general assembly, upon a call of either
branch, it be found that no quorum of members is present, or if any member
or members be found absent on any such call, the members present are
authorized to direct the sergeant-at-arms, or if there be no sergeant-at-arms of
such branch, then any other person, to compel the attendance of any or all
absentees; and if, on any such call of either branch, the members present
refuse to excuse any absentee, he shall not be entitled to any per diem
during his absence, and shall be liable for any expenses incurred in pro-
curing his attendance, which shall be deducted out of his compensation as a
member. [51 v. 330, § 12; S. & C. 669.]
SEC. 37. [Resignation of member.] The resignation of a senator or
representative which is tendered during any session of the general assembly,
shall not take effect until the branch of which the person tendering it is a
member has accepted the same by a vote of a majority of the members elected
to such branch, exclusive of the person tendering the resignation; but a mem-
ber of either branch of the general assembly may resign, at any other time,
to the governor, who shall have power to accept the same. That this provi-
sion shall not apply to a member-elect of the general assembly offering his
65
Tit. II, Ch. 1. ORGANIZATION OF GENERAL ASSEMBLY.
$$ 38-43.
resignation previous to the organization of the general assembly to which he
has been elected. [90 v. 139; 41 v. 61, §1; S. & C. 669.]
SEC. 38. [Joint conventions to be held in the hall of representatives;
each branch considered in session separately; concurrent action neces-
sary except in elections; majority of either may dissolve convention;
convention may, by concurrent vote of each branch, take a recess, or,'
adjourn to a time certain.] When the two branches of the general assembly
meet in joint convention for any purpose required by the constitution or laws,
such convention shall be held in the hall of the house of representatives,
unless otherwise ordered by joint resolution of the two branches; and, during
all such conventions, each branch shall be deemed to be in session as a sepa-
rate branch of the general assembly; and, except in voting in elections where
each member is entitled to a separate vote, each branch shall act separately, and
no question shall be considered carried otherwise than by the concurrent action
of both branches; but either branch may, by a vote of a majority of all its
members, dissolve such convention by an order withdrawing therefrom; and
such convention may, by the concurrent vote of the two branches, take a recess,
or adjourn to a time certain; but such recess or adjournment of the convention
shall not be held to be an adjournment or recess of either branch, nor to pre-
vent either from proceeding with its business during such recess or adjournment.
SEC. 39. [Duties of sergeant-at-arms at the close of a session.] The
sergeant-at-arms of each branch shall, immediately after the close of a session,
take charge of the books, stationery, and other property, furnished for the use
of his branch of the general assembly or any member or officer thereof, and
cause the same to be delivered into the custody of the secretary of state, who
shall give duplicate receipts therefor, one of which the sergeant-at-arms is
required to deposit with the auditor of state. [63 v. 65, § 4; S. & S. 697;
(S. & C. 1331).]
SEC. 40. [Salary and mileage of members of general assembly.] Each
member of the general assembly shall receive the sum of six hundred dollars
for each year of the term of his office, to be paid in monthly installments, not
exceeding one hundred and fifty dollars; provided, that there shall be paid at
the close of each session the amount due for that year, and also twelve cents
per mile each way for traveling from and to his place of residence, by the most
direct route of public travel to and from the seat of government, but if any
member is absent without leave, or is not excused on his return, there shall be
deducted from his compensation the sum of five dollars for each day's absence.
[1889, April 15: 86 v. 347; 77 v. 85; Rev. Stat. 1880; 63 v. 65, § 1; (S. & S. 696;
§. & C. 1331).]
SEC. 41. [Per diem of the officers of the senate and house.] The
clerks and sergeants-at-arms of the senate and house, and their assistants, shall
each receive five dollars for each day's attendance during the sessions. [63 v.
65, § 2; S. & S. 696; (S. & C. 1331).]
A single branch of the general assembly can not, by resolution, allow compensation for extra services
performed by its sergeant-at-arms, such compensation being inhibited by 329, Art. II, of the Constitution,
unless the services were provided for by pre-existing law, or the allowance be ratified by two-thirds of the
members elected to each branch of the general assembly: State v. Williams, 34 O. S. 218.
SEC. 42. [The word "attendance" construed.] The word "attendance"
shall be construed to include all days from the opening to the close of the ses-
sion, except such days of absence as are not excused by the branch to which
the member or officer belongs. [66 v. 5, §2.]
SEC. 43. [Compensation of clerks for services after adjournment.]
The clerks of the senate and house of representatives shall receive five dollars
per day, each, for the time employed after the adjournment of the general
assembly, for making out indexes to the recorded and printed journals, and for
reading the proof-sheets of the printed journals-the bills therefor to be
6
66
$8 44-49.
TESTIMONY IN IMPEACHMENTS.
Tit. II, Ch. 2.
approved by the commissioners of public printing, or a majority of them; but
they shall not receive any other allowance or compensation for services after
the adjournment of the general assembly, except as may be provided by law
or resolution. [64 v. 25, § 3; S. & S. 697; (S. & C. 1331).]
SEC. 44. [President of the senate and speaker of the house shall cer-
tify as to per diem.] The president of the senate and speaker of the house shall
ascertain the number of days' attendance of each member and officer of their
respective branches during the session, and the number of miles travel of each
member to and from the seat of government, and certify the same, and the
amount due therefor, to the auditor of state. [66 v. 5, § 1.]
SEC. 45. [Compensation of sergeant-at-arms for services after ad-
journment.] The sergeant-at-arms of the senate and house shall each receive
five dollars per day for the time employed after adjournment in the perform-
ance of the duties required of them, to be fixed by resolution of the respective
branches. [63 v. 65, § 4; S. & S. 697; (S. & C. 1331).]
See ? (25—2).
SEC. 46. [Compensation of pages and other employes.] The amount to
be paid to the pages and other employes of either branch shall be fixed by res-
olution of such branch, and shall not be changed during the term for which
fixed.
See ? (25-2).
#
CHAPTER 2.
TESTIMONY IN IMPEACHMENTS.
SECTION
49. Fees.
SECTION
47. Depositions on complaint.
48. Notice.
SEC. 47. [Depositions on complaint, etc., before house of representa-
tives.] In all cases where a memorial, petition, or complaint, praying for an
investigation of the official conduct of an officer liable to impeachment by the
constitution, is pending in, or may hereafter be presented to, the house of rep-
resentatives, it shall be competent and lawful for a person preferring such com-
plaint, either before or after the same has been presented, to take depositions of
witnesses to substantiate the same, which depositions may be used as testimony
before the house in determining whether it will impeach such officer, and may
be taken before any person authorized by law to take depositions in other cases.
[42 v. 38, § 1; S. & Ĉ. 557.]
SEC. 48. [Notice to be given.] Notice shall be given of the time and place
of taking such depositions, in the same manner as is required by law in other
cases; but if the officer against whom such complaint is made or about to be
made is out of the state, then such notice may be left at his place of residence
in the same; if he have no known place of residence in the state, then such
notice may be published in some newspaper printed in the county of the state
where he last resided, for three consecutive weeks next preceding the time of
taking the depositions. [42 v. 38, § 2; S. & C. 557.]
SEC. 49. [Fees, etc.] In case an impeachment be preferred to the senate,
and the officer impeached be convicted by the senate, then the person com-
plaining, who has caused the depositions to be taken, shall be allowed the legal
fees accruing on the same. [42 v. 38, §3; S. & C. 557.]
67
Tit. II, Ch. 3.
POWERS OF COMMITTEES.
$$ 50-52.
CHAPTER 3.
SECTION
50.
POWERS OF COMMITTEES.
Chairman of committee authorized to subpoena
witnesses.
51. Subpoena, to whom directed, and how served;
the form thereof.
52. Punishment for disobeying subpœna, or refusing
to answer.
SECTION
53. Testimony not to be used in criminal prosecu•
tion of witness.
54.
Fees of witnesses and sheriffs same as in com-
mon pleas.
55. Chairman or member of committee may admin-
ister oath.
SEC. 50. [Chairman of a committee may issue subpoena.] The chair-
man of a standing or select committee appointed by the general assembly, or by
either branch thereof, and authorized to send for persons and papers, and the
chairman of a sub-committee, appointed by a standing or select committee,
so authorized, have authority to subpoena witnesses in any part of the state, to
be and appear before such committee, or sub-committee, at such time and
place as may be designated in the subpoena, to testify touching matters of
inquiry committed to the committee or sub-committee, and to cause the pro-
duction of books, papers, and records by such witnesses. [69 v. 61, § 1.]
$
See note to Ex parte Dalton, 44 O. S. 153, under 2 52.
SEC. 51. [Subpoena, to whom directed, and how served.] The subpoena
shall be directed to a sergeant-at-arms; if issued by a joint committee, or a
sub-committee of a joint committee, to the sergeant-at-arms of either branch,
as the chairman may determine; but if issued by a committee of one branch,
or a sub-committee of such committee, then to the sergeant-at-arms of that
branch; or in either case to the sheriff of any county; and it shall be by the
officer to whom directed, or his assistant or deputy, served and returned to the
chairman issuing the same, as subpoenas issued by courts of record; and it shall
be substantially in the following form:
To the sergeant-at-arms of the
>
THE STATE OF OHIO,
>
COUNTY, SS:
(as the case may be) :
>
or the sheriff of the county of
By authority of the (insert, general assembly, senate, or house of representatives, as the case may be,) of the state
of Ohio, you are hereby commanded to summon
of
to be and appear before the
committee of the said
on the
day of -, A. D.
-, at the hour of :then and
there to testify touching matters of inquiry committed to said committee, and not to depart without leave of
said committee. Of this writ make due return, with your proceedings in this behalf indorsed thereon.
Witness my hand this
day of
[69 v. 61, § 2.]
at
"
1
A. D.
Chairman.
SEC. 52. [Punishment for disobeying the subpoena, or refusing to
answer; not to affect his liability to indictment for same offense.]
Whoever willfully fails to appear in obedience to such subpoena, or appears
and refuses to answer any question pertinent to the matter of inquiry, or
declines to produce any paper or record in his possession or control, shall be
liable to the pains and penalties for contempt of the authority of the general
assembly, if the committee be a joint committee, or of the proper branch of
the general assembly, if the committee be appointed only by one branch, and
shall be dealt with by the general assembly, or such branch thereof, according
to parliamentary rules and usages in cases of contempt; and the chairman of
the committee before which such person fails to appear, or refuses to answer or
produce a paper or record, as aforesaid, on the order of the committee or sub-
committee, shall report the facts to the proper branch of the general assembly,
and on like order, issue a warrant for the arrest and conveyance of the witness
68
$$ 53.
PRINTING AND DISTRIBUTING LAWS, ETC. Tit. 2, Ch. 4.
before that branch, to answer for the contempt; and the sergeant-at-arms or
sheriff, to whom such warrant is directed, shall forthwith execute the same;
but the proceedings against the witness, or his punishment by the general
assembly or either branch thereof, for contempt, shall not prevent or affect his
indictment and punishment for the same offense in any court of competent juris-
diction. [69 v. 61, § 3.]
As to the power of a legislative committee to compel a witness to appear before it: Ex parte Dalton, 44
O. S. 153.
SEC. 53. [Testimony not to be used on criminal prosecution of wit-
ness: but official paper or record may be so used; that testimony may
disgrace, no excuse for not answering.] The testimony of a witness examined
before a committee, or sub-committee, shall not be used as evidence in a criminal
proceeding against him; but this privilege of exemption does not apply to an
official paper or record, which may still be used against him although he pro-
duced it on such examination; and no witness may refuse to testify to any
fact or decline to produce any paper touching which he is so examined, for the
reason that his testimony, or the production of the paper, tends to disgrace
him. [69 v. 61, § 5.]
SEC. 54. [Fees of witnesses and sheriffs same as in common pleas.]
Sheriffs and witnesses are entitled to the same fees and mileage for services
and attendance, in this behalf, as are allowed by law in the court of common
pleas for similar services and attendance; and the same shall be paid out of
the state treasury on the certificate of such chairman. [69 v. 61, § 4.]
1.1
SEC. 55. [Chairman or member of committee may administer oath.
The chairman or any member of a committee of the general assembly, or of
either branch thereof, or of a sub-committee, may administer the oath to wit-
nesses produced or appearing before such committee or sub-committee. [54 v.
189, § 1; S. & C. 670.]
55-1. Designation of Revised Statutes.
56. Journals of the general assembly.
57. What the journals shall not contain.
58. How many copies of journals and reports, and
what appendix thereto to contain.
59.
Clerk's duties as to printing papers and documents of
general assembly; documents to be printed in ap-
pendix to journal.
CHAPTER 4.
JOURNALS, AND PRINTING AND DISTRIBUTION OF LAWS AND DOCUMENTS.
SECTION
SECTION
67-1. Newspapers to be furnished with copies.
68. Entitling certain persons, institutions, and societies
to receive certain state documents.
Officers entitled to the laws.
70-1. Penal laws to be sent to county clerks.
69.
70.
Laws, journals, and documents, to be sent to county
auditors.
71.
60.
Clerks to read and correct proofs, and make out
index.
Duties of county auditors and clerks respecting
the laws, etc.
72.
61. Certain annual reports to be made out by No-
vember 5th.
Secretary of state to deliver copies to the gov-
ernor, and to other officers.
73.
62. State officers to make annual reports on or before
November 20th.
Journals, documents, and laws; how bound,
etc.
74.
Copies not distributed to be preserved.
75.
62-1. Governor's authority as to reports.
63. Reports of state officers and institutions; number to
be printed; how distributed; printing and distri-
bution of state reports; reports printed in German
language; transportation of reports to members of
general assembly; charges.
Reports for secretary of state.
64. Binding of reports.
Surplus public documents sent to counties may
be distributed or sold by order of the commis-
sioners.
76. [Repealed.]
76-1. Copies of state reports, etc., to be furnished
library commissioners by supervisor.
76-2. Reports printed under direction of other offi-
cers.
When board to notify supervisor of number
required.
63-1.
65. Printing of executive messages and inaugural
addresses.
76-3.
67.
66. Executive documents; number to be printed.
Distribution of the laws.
76-4.
Publications subject to requisition of board.
For exchange of Ohio publications, see ? 350.
SEC. (55-1) [By what title Revised Statutes of Ohio designated.]
The statutes contained in the two volumes published by H. W. Derby & Co.,
under the contract with the state of Ohio, in accordance with the provisions
69
Tit. II, Ch. 4. PRINTING AND DISTRIBUTING LAWS, ETC. §§ 56–58.
of the act of the general assembly, entitled "an act to provide for printing
and distributing the laws of the present session and the revised statutes in
permanent form, and to repeal an act therein named," passed and took effect
June 23, 1879, shall, besides the titles of the several statutes in said volume
contained, be known and recognized everywhere in the state of Ohio, by the
following name and title, to wit: "The Revised Statutes of Ohio." [77 v. 18.],
SEC. 56. [The journals.] The clerk of each branch shall keep a journal
of the proceedings thereof, which shall be read and corrected in its presence.
After the reading and approval of the journal of the proceedings of each day,
it shall be attested by the proper clerk, after which the same shall be recorded
in books to be furnished to the clerks, respectively, for that purpose, by the
secretary of state; and after the journals are recorded in these books, they shall
be deposited with the secretary of state, who shall carefully preserve them: and
these records shall be considered and held to be the true and authentic journals.
The original daily journals, as kept, corrected, approved, and attested, shall be
delivered by the respective clerks to the printer of the journals, for his use in
printing them; and each clerk shall read and correct the proof-sheets of [the].
journal kept and attested by himself, carefully comparing such proof-sheets
with the record herein provided for, and correcting all errors in the proof-
sheets. [72 v. 179, § 1; (S. & C. 825).]
The journals are the best evidence of the action of the general assembly: State v. McCollister, 11 O. 46,
State v. Moffitt, 5 O. 358; Miller v. State, 3 O. S. 475; S. B. Northern Indiana v. Milliken,*7 O. S. 384; Fordyce v.
Godman, 20 O. S. 1.
SEC. 57. [What they shall not contain.] No executive message, address,
or communication of a state officer, or board of officers, no report of the super-
intendent or other officers of any institution or building, no petition or memo-
rial, no argumentative or voluminous report of a standing or select committee
of either branch, or joint committee of both branches, no special report of any
officer or board of officers, made in reply to any resolution of either branch, or
in reply to any joint resolution, nor any other long or voluminous document,
except amendments to the constitution and to bills and resolutions, and the
protests of members of either branch against any act or resolution thereof, shall
be entered upon the journals or recorded in the books provided for in the fore-
going section. [72 v. 179, § 2; (S. & C. 825).]
SEC. 58. [How many copies of the journals and reports, and what
appendix thereto to contain.] Six hundred copies of the journal of the
senate, and the same number of copies of the journal of the house of repre-
sentatives, shall be printed as kept and recorded; and to each printed journal
there shall be an appendix, in which shall be printed all petitions and memo-
rials, all reports of committees, all special reports, the communications of all
officers or boards of officers that are laid before either or both branches, and.
all other papers and documents (except the report of the state board of agri-
culture) that are laid before either or both branches in writing, unless the print-
ing thereof is otherwise provided for by law; but no paper or document shall
be printed in either appendix, unless the branch before which such paper or
document be laid expressly orders it to be printed in the appendix to the
journal of the branch; and if any paper or documents be laid before both
branches, and be ordered to be printed by both, it shall be printed only in the
appendix to the senate journal; and the abstract of votes for governor ai.
other state officers shall be printed in the appendix to the senate journal, and
the standing rules in the appendix to each journal, without an order by either
or both branches. And there shall be printed prior to the first day of January
each year, copies of all reports of all the benevolent, penal and reformatory
institutions of the state, and of the board of public works provided for, and
for the use of each member of the general assembly, at least one copy of each
report shall be laid upon the desk of every member of the general assembly on
70
§§ 59-62.
PRINTING AND DISTRIBUTING LAWS, ETC. Tit. II, Ch. 4.
the first day of every regular or adjourned session. [88 v. 498; 73 v. 160, § 3;
(S. & C. 825).]
SEC. 59. [Clerk's duties as to printing papers and documents of gen-
eral assembly; documents to be printed in appendix to journal.] Each
clerk shall carefully preserve, during the session, all papers and documents
that may be laid before the branch of which he is clerk; and such of them as
are ordered by such branch to be printed he shall forthwith deliver to the
printer for his use in printing them, and the printer shall immediately print
five hundred copies thereof, of which number each of the executive officers
shall receive one, and the state librarian five, which he shall preserve, and no
extra copies of any paper or document shall be printed unless the same be
ordered by joint resolution, adopted within ten days of the day on which the
five hundred copies are printed and delivered to the clerks; and if extra
copies be so ordered, the printer shall print the same without any charge for
composition for such extra copies; and each clerk shall keep a correct list of
all papers and documents of which extra copies are ordered to be printed, and
also all of such as are ordered to be printed in the appendix to the journal of
the branch of which he is clerk, and shall furnish the printer with copies of
such lists whenever requested by the printer so to do; and if any paper or
document be ordered to be printed in the appendix to either journal before the
same is delivered to the printer, the clerk having charge of it shall indorse
upon it before sending it to the printer these words, "ordered to be printed in
appendix," and if any such paper or document be ordered printed in either
appendix within ten days after the same was printed for the use of the general
assembly, then no charge for composition can be made for printing it in the
appendix. [92 v. 158; 81 v. 29; Rev. Stat. 1880⋅ 72 v. 179, §4; (S. & C. 825).]
Where a bill was passed by the general assembly, but not authenticated as required by 3 17, Art. II, of
the Constitution, a printed bill deposited in the state library, in accordance with the provisions of this sec-
tion, can not be received in evidence to prove the contents of the bill in question: State v. Kiesewetter, 45
O. S. 254.
SEC. 60. [Clerks to read and correct proofs, and make out index.]
The clerks shall read and correct the proofs of all papers and documents that
are ordered by either branch to be printed; and the clerks shall each make out
a correct index to the journal kept by himself, and also of its appendix, and
deliver the same to the printer, who shall print them at the close of the proper
volume; and they shall each in like manner make out an index to the recorded
journals, and deliver the same to the secretary of state, who shall preserve the
same with such recorded journals. [72 v. 179, §5; (S. & C. 826).]
SEC. 61. [The time fixed for making out certain annual reports.] All
county, township, city, and village officers, all officers and boards of officers of
all state institutions and buildings, all officers connected with the public
works of the state, and all corporations (except such as by their charters are
required to make their reports at some other specified time) which are now
required, or may hereafter be required by law to make annual reports for any
purpose to any state officer or officers, shall make out the same on or before the
fifth day of November of each year, and forthwith transmit them to the proper
officer or officers; and for the purpose of making out all such reports as come
within the provisions of this section, the year shall begin on the first day of
November of each year, and end on the last day of October of each succeeding
year; but this section shall not apply to the state commissioner of common
schools or to other school officers, and the annual report of the commissioner
of railroads and telegraphs may be made out and delivered at any time before
the first day of January of each year. [72 v. 179, § 6; 74 v. 33, § 12 ; (S. & C. 826).]
SEC. 62. [State officers to make annual reports on or before the 20th
of November.] All state officers and boards of officers, and the officers of all
such institutions and buildings as are now or may hereafter be required to
71
Tit. II, Ch. 4. PRINTING AND DISTRIBUTING LAWS, ETC. $ (62-1).
make annual reports to the general assembly, or to the governor, shall make
such reports to the governor on or before the twentieth day of November of each
year; and the governor shall cause them to be printed as soon thereafter as prac-
ticable, by the printer having the contract for this branch of the public print-
ing; and the governor shall lay before the general assembly all such reports in
printed form at the same time that he lays before it his annual message, so far.
as they may be printed; but nothing in this title shall be held to modify in
any respect the laws in relation to the annual report of the state board of agri-
culture, of the commissioner of railroads and telegraphs, of the superintendent
of insurance, or of the state commissioner of common schools. [72 v. 179, §7;
(S. & C. 826).]
Applies to a report under 1617, Hayes v. Cleveland, 55 O. S. 117, 124.
(62-1) [Governor's authority as to certain reports.] All reports
of state institutions, state boards and departments of the state government,
with the exception of reports of state elective officers, shall be filed in the office
of the governor; and the governor shall fix the number of copies of such re-
ports to be printed, and shall have authority to order such condensation of
said reports as, in his judgment, may be judicious, with a view to decreasing
the cost thereof without impairing their value as public documents; and the
governor shall have authority to order, in such cases as he may deem advisable
in the public interest, further detailed reports to be filed in his office in addition
to the reports ordered printed as herein before provided. [91 v. 101.]
SEC. 63. [Reports of state officers and institutions; number to be
printed; how distributed; printing and distribution of state reports;
reports printed in German language; transportation of reports to mem-
bers of general assembly; charges.] There shall be printed the number
hereinafter stated of each of the annual reports of the following officers and
boards:
Secretary of state, including statistics: For the secretary, five thousand
copies; for each member of the general assembly, one hundred and twenty
copies.
Auditor of state, including detailed statement of receipts and disburse-
ments: For the auditor, one thousand copies; for each member of the gen-
eral assembly, fifteen copies.
Treasurer of state: For the treasurer, three hundred copies.
Sinking fund commissioners: For the commissioners, two hundred copies.
Attorney-general: For the attorney-general, two hundred copies.
Commissioner of common schools: For the commissioner, five thousand
copies; for each member of the general assembly, one hundred copies; for
each board of county school examiners, one hundred copies for distribution
among teachers, boards of education, and special school boards.
Commissioners of the state library: For the commissioners, four hundred
copies.
Supervisor of public printing: For the supervisor, two hundred copies.
Commissioner of railroads and telegraphs: For the commissioner, one
thousand copies; for each member of the general assembly, five copies; each
copy to contain a correct railroad map of the state; of railroad maps, mounted
on cloth paper and rollers, for the commissioner, one thousand copies; for each
member of the general assembly, one hundred and twenty-five copies; of rail-
road maps in pocket edition form, for the commissioner, one thousand copies;
for each member of the general assembly twenty-five copies; provided, how-
ever, that the commissioner of railroads and telegraphs shall control the publi-
cation and distribution of the same.
Commissioners of fisheries: For the commissioners, five hundred copies.
State inspector of oils: For the inspector, three hundred copies.
Adjutant-general: For the adjutant-general, six hundred copies.
72
§ 63.
PRINTING AND DISTRIBUTING LAWS, ETC. Tit. II, Chap. 4.
Board of public works: For the board, three hundred copies.
Warden and directors of the penitentiary: For the warden and directors,
five hundred copies.
Institution for the education of the deaf and dumb: For the institution,
one thousand copies.
Institution for the education of the blind: For the institution, five hun-
dred copies.
Columbus asylum for the insane: For the superintendent, five hundred
copies.
Athens asylum for the insane: For the superintendent, five hundred copies.
Dayton asylum for the insane: For the superintendent, five hundred copies.
Cleveland asylum for the insane: For the superintendent, five hundred
copies.
Longview asylum for the insane: For the superintendent, five hundred
copies.
Boys' industrial school: For the superintendent, five hundred copies.
Girls' industrial home: For the superintendent, five hundred copies.
Institution for idiotic and imbecile youth: For the institution, one thou-
sand copies.
Board of state charities: For the board, two thousand copies.
Soldiers' and sailors' orphans' home: For the board of trustees, one thou-
sand copies.
Soldiers' and sailors' home: For the board of trustees, five hundred copies.
Ohio state university: For the trustees and officers, five thousand copies.
Inspector of mines: For the inspector, four thousand copies; for each
member of the general assembly, twenty-five copies.
Commissioner of statistics of labor: For the commissioner, forty-five hun-
dred copies; for each member of the general assembly, fifty copies.
Superintendent of insurance: For the superintendent of the fire and life
insurance report, three thousand copies; for each member of the general assem-
bly, of the fire and life insurance report, ten copies.
Meteorological bureau: For the board of directors, two thousand copies.
Inspector of shops and factories: For the inspector, four thousand copies;
for each member of the general assembly, ten copies.
Forestry bureau: For the board of directors, two thousand copies.
State board of agriculture: For the board, five thousand copies; for each
member of the general assembly, one hundred and thirty copies.
The report of the secretary of state, of commissioner of labor statistics, of
the inspector of shops and factories, and the state board of agriculture, shall
also be printed in the German language; and the secretary of state shall ascer-
tain from each member of the general assembly how many of the copies to which
he is entitled he wishes in the German language and the aggregate number
so determined shall be printed in German and distributed to the members of the
general assembly accordingly. The several reports furnished to members of
the general assembly shall be boxed and directed to the members, in care of
the county auditor of the county where they respectively reside, unless the
members shall otherwise direct; and the charges for transportation of such
reports shall be paid in the same manner as is provided by law for the distri-
bution of laws and journals. [91 v. 371; 88 v. 499; 87 v. 193; 85 v. 62; 83
v. 65; 82 v. 81; 80 v. 104, 105; 78 v. 220, 221; Rev. Stat. 1880; 73 v. 245, § 8;
(S. & C. 827, S. & S. 430).]
For "an act to provide for the publication of Volume VI, Geology of Ohio," see 85 v. 3
of vol. VII of same and distribution, 90 v. 75 and 91 v. 39.
See, also, two acts providing for the publishing of the Report of the Gettysburg Memo-
rial Commission, in pamphlet form (85 v. 136; 86 v. 295).
See also supra ? (62-1).
73
A
Tit. II, Ch. 4. PRINTING AND DISTRIBUTING LAWS, ETC. $$ (63-1).
(63-1) [Reports for Secretary of State.] In addition to the number
of reports, as provided in section sixty-three, there shall be printed one hundred
copies of each of said reports, which shall be placed in the custody of the sec-
retary of state for distribution. [88 v. 501.]
SEC. 64. [Binding of Reports.] The report of the secretary of state,
commissioner of common schools, superintendent of insurance, commissioner'
of railroads and telegraphs, state board of agriculture, commissioner of the
statistics of labor, and the auditor of state's report, shall be bound in muslin
and properly lettered on the back; and all other reports mentioned in sec-
tion sixty-three shall be bound in brochure covers, unless otherwise ordered by
joint resolution. [1888, March 6: 85 v. 62, 64; 83 v. 65, 67; Rev. Stat. 1880;
73 v. 245, §8; 74 v. 33, § 12.]
The act of March 6, 1888 (85 v. 62-64), which is the last amendment of 264, fails to repeal in express terms
the preceding amendment, enacted April 6, 1886 (83 v. 65). The only difference in the two acts is that the
later act (85 v. 62-64) contains the words " commissiouer of the statistics of labor," which are not in the for-
mer act (83 v. 65).
SEC. 65. Printing of executive messages and inaugural addresses.]
All regular messages of the governor, and all inaugural addresses of the gov-
ernor-elect, shall be printed in pamphlet form; for the governor delivering
such messages or addresses, five hundred copies; for each member of the gen-
eral assembly, ten copies, without any order by either or both houses for the
printing thereof. [1888, March 6: 85 v. 62, 64; 83 v. 65, 67; Rev. Stat. 1880;
72 v. 179, §9; (S. & C. 827; S. & S. 431).]
SEC. 66. [Executive documents; number to be printed.] At the same
time that the documents mentioned in sections sixty-three and sixty-five are
printed in pamphlet form, there shall be printed on the same type, six hundred
copies of each document named, in a volume or volumes, paged consecutively,
with running heads designating each report, to be styled executive docu-
ments," to be bound in half law binding, and the supervisor of public printing
shall make out an index to be printed at the commencement or close of each
volume. There shall be no charge for composition for printing the one thousand
[six hundred copies] of said executive documents, except for the index and title
page; but the commissioners of public printing may allow a fair compensation
for the time consumed in changing the forms. One copy of this “ executive
document" when so bound, shall be sent to each member of the general assembly,
and two copies of these executive documents when so bound, shall be sent to
each county auditor, one to be placed on file in his office and the other in the
office of the county clerk; the report of the secretary of state, auditor of state,
commissioner of railroads and state school commissioner, shall not be put in the
executive documents. [88 v. 501; 80 v. 104, 107; 78 v. 220, 221; 78 v. 63; 77
v. 50; Rev. Stat. 1880; 72 v. 179, § 10; (S. & C. 827; S. & S. 431).]
SEC. 67. [Printing and distribution of the laws.] There shall be printed
thirty thousand copies of the laws and joint resolutions; and all the laws,
general and local, and joint resolutions, shall be printed in one volume. Three
thousand copies shall be printed in forms of sixteen pages, as soon as prac-
ticable after enactment, ten copies of which shall be delivered promptly to
each member of the general assembly, and the balance sent by the secretary
of state, pro rata, according to population, to the auditors of the several coun-
ties. The remainder (twenty-seven thousand) shall be bound in half-law
binding and distributed as provided by law. [91 v. 6; 90 v. 22; 88 v. 501;
72 v. 179, § 11; (S. & C. 827; S. & S. 431).]
(67-1) [Furnishing certain newspapers with copies of laws.] For
the purpose of effecting an early publication of the laws of a general nature, in
the several newspapers within this state, it shall be the duty of the secretary
of state, from and after the passage of this act, to furnish such publishers of
74
$$ 68-70.
PRINTING AND DISTRIBUTING LAWS, ETC. Tit. II, Ch. 4.
newspapers, at the seat of the state government, as report in their papers the
proceedings of the legislature, with a certified copy of each and every law of
a general nature, immediately after such laws are passed, and deposited in the
office of the secretary of state. [41 v. 98, § 2.]
SEC. 68. [Entitling certain persons, institutions, and societies to receive
certain state documents.] Each member and officer of the general assembly,
for himself, and each clerk of each court of record, and each county auditor,
for the use of their offices, respectively, shall be entitled to one copy of each
journal and appendix, and one copy of the executive documents; each uni-
versity, college, academy, or other literary institution, which now is, or may
hereafter be established in this state; each county agricultural society, each
county council of patrons of husbandry, and the national asylum for disabled
volunteer soldiers near Dayton, and each benevolent and eleemosynary institu-
tion of the state, shall be entitled to receive from the county auditor, one copy
of the laws passed at each session of the general assembly; also, one copy of
each journal and appendix, one copy of the executive documents, and one
copy of the agricultural reports. [1885, January 29: 82 v. 12; Rev. Stat. 1880;
72 v. 179, § 12; (S. & C. 828).]
SEC. 69. [Officers entitled to the laws.] Each member and officer of the
general assembly, for himself; each judge, and each clerk of every court of record;
each justice of the peace, constable, township trustee, township clerk; each
mayor, auditor, treasurer, clerk, recorder, trustee of any ward in any city or
village; each county auditor, treasurer, recorder, sheriff, prosecuting attorney,
commissioner of insolvents, surveyor, coroner, infirmary director, and county
commissioner, shall be entitled to receive one copy of the laws passed at each
session of the general assembly, for their use while filling such office; but every
such officer (except members and officers of the general assembly) as may by
virtue of his office receive a copy of the laws, journals, or executive documents,
for his use while filling such office, shall deliver the same to his successor in
office for his use while filling such office; and if any such person refuses, on
demand being made, to deliver them to his successor in office, such person so
refusing shall forfeit and pay any sum not less than five nor more than fifteen
dollars, to be recovered in an action brought by the successor in office of such
person, in the name of the state (for the use of the county where such action is
brought), before any justice of the peace of such county; and the secretary of
state shall furnish to the judges, clerks, district attorneys, and marshals of the
United States courts within this state, for the use of their respective offices,
each, one copy of the laws passed at each session of the general assembly.
[72 v. 179, § 13; 70 v. 275, §1; 71 v. 32, § 1.]
SEC. 70. [Laws, journals, and documents to be sent to county auditors.]
The secretary of state shall, as soon as the laws, journals, and executive docu-
ments of each session are printed and ready for distribution, box up the num-
ber of each to which each county may be entitled, together with such number
of extra copies of the laws for sale as he deems sufficient to supply the demand
for the same, and forward them by public conveyance to the auditor of the
county, and the secretary of state shall, in like manner, as soon as the agri-
cultural reports are ready for distribution, box up and distribute the same, as
provided in section sixty-three; and if any county seat be so situated that the
laws, journals, reports and documents can not be sent to the same by public
conveyance, they shall be forwarded to a secure place as near such county seat
as practicable, and the secretary of state shall notify the county auditor in
writing of the delivery of the same at such point, and the county auditor shall
contract with some person to convey the same to the county seat. The treasurer
of each county shall, on the order of the auditor, pay the charges for the con-
veyance of the same from Columbus to such county seat. [1883, April 11: 80 v.
104, 107, 108; 78 v. 220, 223; Rev. Stat. 1880; 72 v. 179, § 14; (S. & C. 828: S. & S.
4321.]
75
Tit. II, Ch. 4. PRINTING AND DISTRIBUTING LAWS, ETC. § (70-1).
(70-1) [Penal laws to be sent to county clerks.] When a bill is
passed enacting a law of a penal nature the secretary of state shall, within ten
days after it is passed, forward to each county clerk in the state a certified
copy of the engrossed bill. [89 v. 348.]
SEC. 71. [Duty of county auditor in relation to the laws, etc.; clerk
to sell and pay over proceeds to county treasurer.) The county auditor
shall deliver the laws, journals, reports, and documents, to such persons, insti
tutions, and societies as may be entitled to receive them, when so requested
to do, and shall take receipts therefor and file the same in his office, subject to
inspection; and all such copies of the laws as may be forwarded to any
county for sale shall be delivered by the auditor to the clerk of the court
of common pleas, and the auditor shall take his receipt therefor, and file the
same with the receipts aforesaid; and the auditor shall charge the clerk with
such laws, in a book kept for such purpose in his office, at the actual cash cost
of the same, which actual cost shall be ascertained by the secretary of state,
who shall notify the county auditor thereof, and the clerk shall sell said laws
at the actual cost, and quarter yearly after he has received the same shall pay
all moneys which may come into his hands from such sales into the county
treasury,
and all such moneys shall be considered a part of the general revenue
of the county. All copies of the laws which are not disposed of to persons,
societies, or institutions entitled to the same, or which are not sold, shall be
carefully preserved by the clerk, to be delivered to the officers of any new
township, or new village, or hamlet, or to such officers entitled thereto as may,
by any unavoidable accident, have lost their copies of the same. [72 v. 179, § 15;
(Š. & C. 829).]
SEC. 72. [Secretary of state shall deliver copies to the governor, and
to other officers.] The secretary of state shall deliver to the governor, for his
own use, two copies of the laws, and one copy of the journals and documents;
he shall deliver to the auditor of state, and treasurer of state, each, three copies
of the laws, and one of the journals and documents; to each of the other exec-
utive officers of the state government, and to each trustee and superintendent
of any state benevolent institution, each director and warden of the peniten-
tiary, each member of the board of public works, each member of the state
board of agriculture, and each member of the state board of charities, one copy
of the same; and the secretary of state shall furnish the governor with such
number of copies of each as will be necessary to furnish each state, and each of
the departments of the general government of the United States, with a copy;
and the secretary of state shall furnish the state librarian with five copies of
each for the use of the library. [72 v. 179, § 16; (S. & C. 829).]
SEC. 73. [Journals, documents, and laws; how bound, etc.] The jour-
nals, executive documents, and laws required to be printed and put up in
book form, shall all be bound in half law binding, and each journal and its proper
appendix shall be bound in the same volume, unless, in the opinion of the
secretary, the same makes a volume too large for convenience, in which case
each journal shall be bound separately, and the appendixes shall be bound
separately or together, as the secretary of state may direct. [72 v. 179, § 17;
(S. & C. 829).]
SEC. 74. [Copies not distributed shall be preserved.] All copies of the
journals, executive documents, reports, and laws, which are not distributed
under the provisions of this chapter, shall be preserved by the secretary of state,
subject to future distribution by law or resolution. [72 v. 179, § 18; (S. & C. 829).]
SEC. 75. [Surplus public documents sent to counties, may be distrib-
uted or sold by order of commissioners.] When, in any county in the state,
the laws, journals, reports, and executive documents, ordered by law to be dis-
tributed, have accumulated beyon1 the number required for immediate distri-
76
$76
OPERATION OF STATUTES.
Tit. II, Ch. 5.
bution, and for the probable future wants of such county, the county commis-
sioners shall authorize the clerk of the court of common pleas of said county,
to dispose of what may be needed for that purpose, gratuitously, to all public
libraries within the county, as may be desired by them for library purposes,
and to sell such surplus copies at public sale at such time and place, and upon
such previous notice as they may require. The clerk shall pay all moneys
arising from such sale into the county treasury, and all such moneys shall be
a part of the general revenue of the county. [72 v. 179, § 19; (S. & C. 830).]
SEC. 76. [Repealed 1881, April 19: 78 v. 220, 223. Former statutes: Rev.
Stat. 1880; 52 v. 32, §1; (S. & C. 830).]
(76-1) SEC. 1. [Copies of state reports, etc., to be furnished library
commissioners by supervisor.] The supervisor of public printing is hereby
authorized and directed to deliver to the board of library commissioners any
number of copies, not exceeding two hundred, of every report ordered printed
by the governor or the general assembly, and of all bulletins, pamphlets and
other documents that may be printed by or for any department, board or offi-
These copies are to be printed in addition to those provided by law for
the departments themselves or for the general assembly, except that the two
hundred copies of the laws, senate journal, house journal and executive docu-
ments shall be taken from the number now printed. [93 v. 308.]
cer.
(76-2) SEC. 2. [Reports printed under direction of other officers.]
When any printing is done, wholly or in part by the state, under direction of
an officer or officers other than the supervisor of public printing, a number of
copies, not exceeding two hundred, of each report, pamphlet, bulletin or other
publication so printed, shall be delivered to the board of library commission-
ers by the officer under whose direction the printing is done. [93 v. 308.]
(76-3) SEC. 3. [When board to notify supervisor of number re-
quired.] When fewer than two hundred copies of the publications named in
sections one and two of this act are desired, the board of library commissioners
shall notify the supervisor of public printing or other proper officer who shall
deliver the number required. [93 v. 308.]
(76—4) SEC. 4. Publications subject to requisition of board.] Any
reports or other publications remaining undistributed in the custody of the
secretary of state one year after publication, shall be subject to requisition by
the board of library commissioners, to be distributed in accordance with sec-
tions 350 and 351 of the Revised Statutes, as amended April 22, 1896 (O. L.,
92 v. 291). [93 v. 308.]
77
Tit. II, Ch. 5.
OPERATION OF STATUTES.
$$ 77-79.
CHAPTER 5.
OPERATION OF STATUTES.
SECTION
77.
When laws take effect.
78. Repeal of a repealing act does not revive former
act.
SECTION
79. Amendment or repeal of statutes not to affect
pending suits, or causes of action.
SEC. 77. [When laws take effect.] Every law passed which contains no
provision as to the time when it shall take effect, shall take effect on the first
day of May next after its passage. [53 v. 153, § 1; S. & C. 60.]
An act may be shown, by the journals of the general assembly, to have been passed before the date it
bears, and when so shown it will speak from the day of its actual passage: State v. Mayor of Perrysburg, 14
O. S. 472; and the repealing clause takes effect at the same time as the rest of the act: McArthur v. Franklin,
16 O. S. 193.
Although an act may be expressly repealed, yet if it appear that it was intended that it should have
temporary effect, the language of the repealing clause will be retained accordingly: Debolt v. Ohio Life Ins.
& Trust Co., 1 O. S. 563.
When a statute, which repeals a prior statute on the same subject, is to take effect and be in force from
and after a day named, it does not take effect until the expiration of the day named: Koltenbrock v. Cracraft,
36 O. S. 584.
A statute declaratory of a former one has the same effect upon such former act, in the absence of inter-
vening rights, as if the declaratory act had been embodied in the original act at the time of its passage:
State ex rel. v. Trustees O. S. & S. Ó. Home, 37 O. S. 275.
Where a statute is to take effect "from and after its passage," and not from and after a day named in the
act, the day it was to be enacted is to be included; but in the latter case it does not take effect until the expi-
ration of the day named. Koltenbrock v. Cracraft, 36 O. S. 584, distinguished: Arrowsmith v. Hamering, 39
O. S. 578.
Where an act is to take effect from its passage this means the date affixed by the president of the senate
when he signs the act: State ex rel v. O'Brien, 47 O. S. 464, 475.
SEC. 78. [Repeal of a repealing act does not revive former act.] When-
ever a law is repealed which repealed a former law, the former law shall not
thereby be revived. [29 v. 513, § 1; S. & C. 59.]
A right of action given by an act of 1816 against stockholders of unauthorized banks was, by an act of
1824, suspended, and this latter act was in 1840 repealed: Held, that the right of action under the act of 1816
was thereupon in full force, notwithstanding the provision of the act of 1809, which was the same as ? 78.
Kearny v. Buttles, 1 O. S. 362.
Where a section of the Revised Statutes is repealed and re-enacted in a changed form, a subsequent
statute, which, in terms, again repeals and re-enacts the original section in still another form, is, as a general
rule, to be regarded as a repeal of the section in its amended form, and the section in its last form will take
its place in the revision as part of the Revised Statutes: State v. Brewster, 39 O. S. 653.
SEC. 79. [Amendment or repeal of statutes not to affect pending suits,
etc.] Whenever a statute is repealed or amended, such repeal or amendment
shall in no manner effect [affect] pending actions, prosecutions, or proceedings,
civil or criminal, and when the repeal or amendment relates to the remedy, it
shall not effect [affect] pending actions, prosecutions, or proceedings, unless so
expressed; nor shall any repeal or amendment effect [affect] causes of such
action, prosecution, or proceeding, existing at the time of such amendment or
repeal, unless otherwise expressly provided in the amending or repealing act.
[63 v. 22, §2; S. & S. 1.]
see??
As to actions, rights and remedies relating to municipal corporations, see 22 1539, 1542.
As to the statute of limitations. see 2 4974.
Under this provision, before the cause was inserted that "when the repeal or amendment relates to the
remedy it shall not affect pending actions," etc., a change in the statute relating to the competency of wit-
nesses applied to pending cases: Westerman v. Westerman, 25 O. S. 500; John v. Bridgman, 27 O. S. 22.
Where a statute giving a right of action for causing death contained a limitation as to the time within
which suit might be brought, a repeal of the clause containing such limitation did not affect pending suits:
P. C. & St. L. R. R. Co. v. Hine, 25 O. S. 629; State v. Washington Tp., 24 O. S. 603; Bergin v. State, 31 0. S. 111.
Under a statute regulating appeals, passed during the term at which a judgment was rendered, a party
was not prevented from appealing, although the judgment was rendered before the passage of the act:
Rouse r. Chappell, 26 O. S. 306. See also Hays v. Armstrong, 7 O. 1 pt. 247; Treasurer v. Lennington, 7 0.1 pt. 266.
Where aatute provided for an appeal, if the same should be perfected in ten days, and after the rendition
of a judgment and before the expiration of ten days this provision was repealed, the repeal did not affect the
right of appeal: Bode v. Welch, 29 O. S. 19.
Where a jury of twelve men was selected and summoned for the trial of a cause before a justice of the
peace, under the act of March 30, 1875, and before the day set for trial this act was repealed by another, which
78
$79.
OPERATION OF STATUTES.
Tit. II, Ch. 5.
provided for a jury of six men for such trials: Held, that the act in force at the time of the trial governed
and that the justice erred in submitting the cause to a jury of twelve men: Warner v. Railroad Co., 31 O. S. 265
Where rights have fully vested under a section, these rights are not affected by a repeal of the section.
State ex rel. v. Purcel, 31 O. S. 358.
Repeals by implication-not favored; but, notwithstanding the constitutional provision (Art. II, ¿ 16).
& subsequent statute revising the whole subject matter of a former statute, and evidently intended as a sub-
stitute for it, although it contains no express words of repeal, operates a repeal: Lorain P. R. Co. v. Cotton.
12 O. S. 263; Lehman v. McBride, 15 O. S. 573; State v. Bell, 34 O. S. 194.
Amended act, how construed. An act passed in 1871 provided for an appeal "from any order, decision or
decree made under an act regulating the mode of administering assignments in trust for the benefit of
creditors," passed in 1859.
passed in 1859. In 1874, the act of 1859 was so amended as to include power to make other orders
in the insolvency proceedings: Held, that the act of 1871 gave the right of appeal from orders provided for
in the act of 1859, as amended in 1874: Brigel v. Starbuck, 34 O. S. 280.
Express reference in an act to a particular statute for the form to be observed in proceedings, virtually
incorporates the old statute into the new; and if the former be in general terms repealed, it will, nevertheless,
remain in force as to proceedings under the act; but where the reference is general to original and supplement-
ary and amendatory acts, we must look to the law in force at the time the power is invoked: Clarke v.
Thomas, 34 O. S. 46.
If the repealing act provided substantially the same remedy, the right might be prosecuted under it,
though there was no express saving: Knoup v. Piqua Bank, 1 O. S. 603.
The legislature can not create a liability for acts to which there was no liability when they were com-
mitted; but where a remedy exists, the legislature may change it, as well to acts theretofore as to those there-
after done: Railroad v. Commissioners, 35 O. S. 1.
Under an indictment for embezzlement, which charges the offense to have been committed after the act
of May 5, 1877, took effect, the defendant can not be convicted of an offense committed before the taking
effect of said act, notwithstanding the right of the state to prosecute for the violation of a former statute
(which was repealed by the act of May 5, 1877) was saved by the act of February 19, 1866: Campbell v. State,
35 O. S. 70.
The legislature intended that the rule prescribed in 379 of the Revised Statutes should be applied to
the statutes mentioned in and repealed by 2 7437 of the revision, and hence the intention was to save matters
of every sort pending when the Revised Statutes took effect: Railroad Co. v. Belt, 35 0. S. 481.
The repeal of a statute relating to the appointment of a guardian for an imbecile can not convert a
record which was only prima facie evidence of imbecility into one that concluded all parties: Messenger v.
Bliss, 35 O. S. 593.
As to the effect upon pending actions of the act of March 30, 1875, in repealing the act of April 20, 1874,
in giving a penalty of one hundred and fifty dollars to the party aggrieved by a railroad corporation for
overcharging for the transportation of passengers or property: Railroad Co. v. Cook, 37 O. S. 265.
The provisions in the Code of Civil Procedure, as revised in 1878, by which the period within which a
proceeding in error may be commenced, is reduced from three to two years (Code of 1853, 523; 75 v. 808, 320;
Rev. Stat. 1880, 2 6723), does not apply to judgments which had been rendered when the act took effect. As to
such judgments, the period of three years applies: Lafferty v. Shinn, 38 O. S. 46. Canaan Township v. Inn.-
ary Directors, 46 O. S. 694. So of right of appeal: Bode v. Welch, 29 O. S. 19, 22.
The repeal or amendment of an existing statute as to the remedy, shall not affect a pending action unless
it is expressly so provided in the repealing statute: Arrowsmith v. Hamering, 39 O. S. 576.
L
Under the two-mile assessment pike act (? 4829 et seq.), an improvement was ordered. Afterwards,
and before any contract was made or assessment ordered, 4842 was amended (April 15, 1880), by which the
rule apportioning the expense was changed. An assessment made according to 24842, as amended, is right.
Section 79 has no application to such proceedings: Commissioners of Union Co. v. Greene, 40 O. S. 318.
The various steps in council and before the municipal boards, with respect to street improvements, con-
stitute a proceeding within the meaning of 2 1539, which provides that no suit, prosecution or proceeding shall
be in any manner affected by such change, but the same shall stand or proceed as if no change had been
made: Raymond v. Cleveland, 42 O. S. 522.
A cause or prosecution is pending as early as the arrest and commitment of a person for a crime of which
he is afterwards indicted; and when the law relative to grounds of challenge of jurors is amended after the
prosecution is so pending, the defendant is entitled to have the jury impaneled under the law as it existed
before amendment: Hartnett v. State, 42 O. S. 568.
A repealed or amended statute relating to the remedy, governs in the trial of a prosecution pending at
the time of the repeal or amendment, unless otherwise expressed in the repealing or amending statute:
Palmer v. State, 42 O. S. 596.
1 N. P. 195.
Changed jurisdiction of reviewing court applies to cases pending in court below: McAlpin v. Clark,
The right to prosecute an offense is not affected by repealing and re-enacting the statute: Chinn v.
State, 47 O. S. 575, 579.
A bill of exceptions is not a remedy in a pending action, for the action is ended: Young v. Shallen-
berger, 53 O. S. 291, 294.
The right to file a petition in error upon leave granted to reverse a judgment of the district court, is a
cause of proceeding, and is saved by 2 79, Rev. Stat., notwithstanding the act to revise and consolidate the
statutes relating to circuit and other courts, passed February 7, 1885: O'Donnell v. Downing, 43 O. S. 62.
As to the effect of the repeals and amendments of 3 6710 on reversals by the supreme court of judgments
of the district court: Halderman v. Larrick, 44 O. S. 438.
No generality of language used in an amendment relating to the remedy will make it applicable to a
pending action, prosecution or proceeding; to effect that end the intention must be expressed: State ex
rel. Construction Co. v. Rabbitts, 46 O. S. 178.
Section 5435, as to debts contracted prior to its passage, should be read as though ? 79 was appended to it
as a saving clause: Curtis v. Selby, 1 C. C. 40.
Construed with reference to the repeal and re-enactment of 2 5865 (February 7, 1885: 82 v. 36): McMaster v.
Keller. 1 C. C. 476.
This section does not apply to a city penal ordinance repealed after verdict of guilty but before judg-
ment: Earnhart v. Lebanon, 5 C. C. 578.
How far assessment proceedings are protected: Squier v. Cincinnati, 5 C. C. 400. See Cincinnati v. Sea-
#ongood, 46 O. S. 296.
Applied to limitations, Shuman v. Drayton, 14 C. C. 328, 332. Also see same case under 24982.
Applied to statute of limitations: Ham. v. Kunzi, 56 0. S. 531, 538; followed in Yocum, Admr. v. Allen,
58 O. S. 280.
79
Tit. III.
GOVERNOR.
Ch. 1.
TITLE III. Executive.
CHAPTER 1. GOVERnor.
CHAPTER 2.
SECRETARY OF STATE.
CHAPTER 3. AUDITOR OF STATE.
CHAPTER 3a. OFFICERS' ACCOUNTS OF PUBLIC REVENUE.
CHAPTER 4.
CHAPTER 5.
TREASURER OF STATE.
ATTORNEY-GENERAL.
CHAPTER 5a. BOARD OF PUBLIC WORKS INCLUDING CANALS.
COMMISSIONERS OF THE SINKING FUND.
COMMISSIONER OF RAILROADS AND Telegraphs.
SUPERINTENDENT OF INSURANCE.
CHAPTER 6.
CHAPTER 7.
CHAPTER 8.
CHAPTER 9.
INSPECTOR OF MINES.
CHAPTER 10.
CHAPTER 11.
CHAPTER 12.
COMMISSIONER OF STATISTICS OF Labor.
LABOR.
SUPERVISOR OF PUBLIC PRINTING.
STATE LIBRARY COMMISSIONERS.
CHAPTER 13. STATE COMMISSIONER OF COMMON SCHOOLS.
CHAPTER 14.
CHAPTER 15.
CHAPTER 16.
CHAPTER 17.
CHAPTER 18.
CHAPTER 19.
CHAPTER 20.
Inspector of Leaf Tobacco.
STATE INSPECTOR OF OILS.
COMMISSIONERS OF FISHERIES
AGRICULTURAL EXPERIMENT STATION.
FOOD AND DAIRY COMMISSIONER.
FORESTRY BUREAU.
GEOLOGICAL SURVEY.
CHAPTER 21. HEALTH, STATE BOARD of.
CHAPTER 22.
CHAPTER 23.
WEATHER AND CROP SERVICE.
PARDONS, STATE BOARD OF.
CHAPTER 1.
GOVERNOR.
SECTION
80. Private secretary and executive clerk.
81. Filling vacancy in elective state office.
82. Filling vacancy in office of judge, on failure to
elect.
83. Commissions issued by the governor: to whom.
84. Publication of decennial apportionment.
PARDON OR COMMUTATION.
85. Application for pardon or commutation.
86. Notice of application for pardon or commutation.
87. Duty of prosecuting attorney.
88. Rules to be dispensed with in certain cases.
89. Pardon or commutation of sentence may be on con-
ditions.
89a. Violations of such conditions a forfeiture of pardon ;
persons violating conditions to be re-committed to
penitentiary; proceedings in such cases.
SECTION
90. If condition requires confinement, what to be
done.
Proceedings when convict becomes insane.
92. Reprieves.
91.
93.
What to be done if reprieved to be confined in
the penitentiary.
94. Duties of sheriff and clerk in case of reprieve.
FUGITIVES FROM JUSTICE.
95. Fugitive from justice; when governor may sur-
render or make requisition for; fugitive convicts
to be surrendered.
96.
Governor may require investigation.
97. Surrender of fugitive on demand of other state; ex-
amination; commitment; notice to other state;
payment of costs and security for expenses of
jugitive's return if found not guilty.
97-1. Extradition from foreign countries.
Um
80
Tit. III.
GOVERNOR.
Ch. 1.
101. Bureau of military justice.
103. Commissions of staff officers.
STATE HOUSE SUPERINTENDENT.
SECTION
STAFF OFFICERS.
98. Appointment and duties of military staff.
99. Quartermaster's department, etc.
100. Medical department.
102. Annual reports.
SECTION.
WARRANTS.
109. Warrants of governor to be executed by officers
to whom directed.
NOTARIES PUBLIC.
110. Appointment of notaries public; revocation of
commission; certificate of common pleas
judge; examination of applicant.
Who not eligible.
111.
104. Duties of adjutant-general as superintendent
of state house.
112.
Term of office, bond, etc.
113.
Notary to provide a seal and register.
105. Fuel for the state house.
114.
Filing of his commission to be recorded.
106. His accounts as superintendent.
115.
Record of same.
106-1.
Policemen and visitors' attendant for state
house.
116.
Copy of commission, and its effect.
117.
Fees of clerk.
106-2. Salary.
118.
Powers.
106-3. State building commission; how constituted.
106-4. Powers and duties.
106-5. Plans and specifications for building: archi-
106-6. General control of contracting and construc-
tion; superintendent and assistants; build-
ing to be completed within certain time.
106-7. Organization of commission; clerk; com-
pensation of members, etc.
119.
Fees of notaries public.
[tect.
120.
Effect of protest as evidence.
121.
Validity of acts of notary after expiration of
term.
122.
Penalty for performing official acts after expi-
ration of term.
123.
Penalty for excessive fees.
106-8. Quorum of commission.
COMMISSIONERS.
106-9.
Members' successors.
•
106-10. Appropriations; limitation as to amount of
contracts, etc.
124.
Foreign commissioners;
appointment and
powers.
RECORDS.
125.
Effect of depositions taken before commissioner
of Ohio; fees and penalties.
126.
Fees to be paid by notaries and commissioners.
107. Records to be kept in governor's office.
108. Alphabetical index: official papers to be filed.
Authority as to reports of officers, see ? (62—1).
For "an act to authorize the governor, auditor of state, and attorney-general to sell
certain land connected with the institution for the blind, and to purchase certain other
land for the same institution," see 78 v. 89.
For "an act providing for the appointment of an agent by the governor, auditor of
state, and attorney-general to prosecute claims against the United States government" (80 v.
122).
For "an act authorizing the governor, auditor of state, attorney-general, railroad com-
missioner, and state librarian to sell property deeded by Albert A. Bliss and wife to the
state of Ohio by deed bearing date February 19, 1852," see 81 v. 175.
Make deed to purchaser of surrendered lease in Gallia Co., see ?140.
Conveyance to P. C. & St. L. Ry. of a part of Miami and Erie canal in Cincinnati and
Hamilton, see ? (218-259).
For "
an act to authorize the governor, auditor of state, attorney-general, secretary of
state, and the state librarian to plat and sell certain lands situate in Columbus, see 82 v. 62.
For "
an act providing for the appointment by the governor of trustees of the Ohio
soldiers' and sailors' home" (83 v. 107), see ? (674-1) et seq.
As to the duty of the governor, under an act to drain and reclaim "the swamp and
overflowed lands granted to the state of Ohio by act of Congress, approved September 28,
1850" (84 v. 42).
For "an act authorizing the governor and other state officers to contract with Samuel
Kendrick to correct, etc., the records, etc., of the Virginia military lands" (84 v. 88), see
? (3107—120).
For "an act authorizing the governor to appoint a commission to establish the bound-
aries and lines of the canals," etc. (85 v. 127), and the amendments thereto: (86 v. 270) see
¿ (218-221) et seq.
For "an act to give preference of appointment or employment to honorably discharged
soldiers," etc. (92 v. 50), see? (3107-48).
For the duty of the governor in the abandonment and sale of the Wabash and Erie
canal and Six-Mile reservoir in Paulding county (85 v. 207), see ? (218-247) et seq.
((
For an act to authorize the governor to execute a deed conveying certain land in
Henry county, Ohio, to Catherine B. Felker," see 86 v. 348.
For "an act to prevent the making of deficiencies in the public institutions and depart-
ments of the state of Ohio" (86 v. 76), see ? (17—1) et seq.
For "an act to authorize and direct the governor of the state of Ohio to convey by deed
to T. R. Allen a tract of land in section 16, town 10, range No. 16, Vinton county, Ohio,”
see 86 v. 226.
For "an act to authorize and direct the governor of Ohio to convey by deed to the
widow and heirs-at-law of Isaac Climer a tract of land in section 16, town 20, range No. 16,
Vinton county, Ohio," see 86 v. 227.
As to appointment of board of control for the agricultural experiment station (79 v.113),
see ? (409-1).
81
Tit. III, Ch. 1.
GOVERNOR.
§§ 80-82.
To appoint members of a "board of commissioners in Ohio for the promotion of uni
formity of legislation in the U. S., see 93 v. 295.
Written consent of governor and auditor of state necessary for state officers and boards
to employ counsel, see ? 202.
Governor member of commission to examine voting machines, see ? (2966–55).
Approval of, for contract to use electricity as motive power on Miami and Erie canal,
see ? (218-244c).
To appoint a commission to revise municipal code of Ohio, see 93 v. 302.
Governor member ex-officio of state building commission, see ? (106—3).
As to appointment of board of live stock commissioners, ? (4211-9) et seq.
building association inspector, see (3836-9) et seq.
commission for erecting a monument over the grave of "Andrews railroad
raiders," see 86 v. 122.
commission to erect a statue or other suitable monument to William Henry
Harrison, see 84 v. 221; 91 v. 839.
commission to provide for the presentation to congress of a statue of James
A. Garfield, see 79 v. 93.
Duty under act creating monument committee in Butler county tax levy, 93 v. 705.
Providing for appointment of commission to mark positions of Ohio troops in battle
of Shiloh, etc., 93 v. 418.
To fill vacancy in office of police judge in Portsmouth until next municipal election,
see ? 1785g.
3051
Appoints court of inquiry for dishonorable discharge of officer of national guard, see
commissioner of railroads and telegraphs, see ? 245.
commissioner of statistics of labor, see ? 307.
commissioners of fisheries, see ? 405.
committee of visitors for the girls' industrial home, see ? 766.
directors of Longview asylum, see ? 723.
food and dairy commission; duties, see ? (4200—49).
foreign commissioners, see 124.
inspector of workshops and factories, see ? 2573a.
live stock commission (82 v. 176), see? (4211-9) et seq.
managers of penitentiary (87 v. 64), % (7388—1).
members of state forestry bureau (82 v. 125), see ? (409-15).
notaries public, see ? 110.
police commissioners, boards of public affairs, and election boards, see the
acts relating to those subjects.
state board of charities, see ? 655.
state board of health (83 v. 77), see ? (409—24).
state board of arbitration, ? (4364—90).
state board of examiners for schools, see ? (4065) et seq.
state board of medical registration and examination, ? (4403).
state school-book board, % (4019—1) et seq.
state board of pardons (85 v. 188), see ? 409--42).
state board of veterinary examiners, see? (4412-3).
state dairy and food commissioner (83 v. 120), see ? (409-7).
state geologist (82 v. 211); (86 v. 262), see ? (409—20).
state-building commission, ? (106—3) et seq.
state inspector of oils, see ? 395.
state board of library commissioners, see ? 342.
superintendent of insurance, see ? 266.
supervisor of public printing, see 311.
trustees of Cincinnati hospital (58 v. 151), see ? (2167-2).
trustees of state benevolent institutions, see 636.
trustees of Wilberforce university, Greene county, Ohio (92 v. 275), see
? (4105-56).
duty under act "to appropriate one million dollars to defray expenses of
national guard" etc., see 93 v. 97.
duty under act "to provide for the appointment of a centennial commis-
sion," etc., see 93 v. 369.
SEC. 80. [Private secretary and clerks.] The governor may appoint a
private secretary, an executive clerk, a commission clerk, and a corresponding
clerk. [91 v. 235; 45 v. 37, § 2; S. & C. 1332.]
SEC. 81. [Vacancy in an elective office.] When the office of a state
officer elected by the people becomes vacant, such a vacancy shall be filled by
appointment by the governor. [61 v. 78, § 1; S. & S. 501.]
SEC. 82. [Vacancy in office of judge by failure to elect, to be filled by
governor.] When the office of a judge becomes vacant by reason of the expi-
7
82
§§ 83-86.
GOVERNOR.
Tit. III, Ch. 1.
ration of the term of the incumbent, and a failure to anticipate and provide
for such vacancy at the preceding election, such vacancy shall be filled by
appointment by the governor, and the person so appointed shall hold the office
until a successor is elected and qualified; and such successor shall be elected
for the unexpired term, at the first annual election that occurs more than thirty
days after such appointment. [62 v. 57, §§ 1, 2; S. & S. 501.]
SEC. 83. [Commissions issued by the governor; to whom.] Each
judge of the supreme court, circuit court, court of common pleas and probate
court, state officer, county officer, militia officer and justice of the peace, and
each officer whose office is created by law, and not otherwise provided for,
shall be ineligible to perform any of the duties pertaining to such office until
he shall receive from the governor a commission to fill such office, upon pro-
ducing to the proper officer or authority a legal certificate of his being duly
elected or appointed; and each of the officers above named, except militia offi-
cers and notaries public, who receives for the discharge of his official duties
any fee, compensation or salary shall, before he shall be entitled to receive such
commission pay to the secretary of state for the making out, recording and for-
warding thereof a fee of five dollars, excepting each justice of the peace, who
shall pay two dollars; and as soon after any election for any of the offices
above named as the result shall have become officially known to them, the
city board of elections or the deputy state supervisors of elections of each
county in this state shall, upon payment to them by each such officer of the
fee above prescribed, immediately forward by mail to the secretary of state a
certificate of election of each such officer, together with the fee paid to them
by such officer, which fee shall be covered into the state treasury for the use of
the general revenue fund, and thereupon the governor, upon the filing of such
certificate with the secretary of state, accompanied with the fee aforesaid,
shall issue the proper commission to such officer and forward the same to the
clerk of the court of common pleas, who shall deliver the same to such officer.
[92 v. 211; 91 v. 121; 86 v. 111, 112; 85 v. 90; 82 v. 16; Rev. Stat. 1880; 29 v.
409, § 1; (S. & C. 887).]
A commission from the governor was the only evidence of the right to hold office of associate judge:
and certificate of the two houses was the only evidence which authorized the governor to issue such commis.
sion. Either speaker or governor may be mandamused: State ex rel. Loomis v. Moffitt, 5 O. 358.
SEC. 84. [Publication of decennial apportionment.] The governor shall
cause the apportionment for senators and representatives in the general assem-
bly, as made each decennial period, to be published immediately after the
making thereof, in three newspapers, one in Cincinnati, one in Cleveland, and
one in Columbus, for four consecutive weeks. [58 v. 11, § 1; S. & S. 380.]
PARDON OR COMMUTATION.
SEC. 85. [Application for pardon or commutation.] Application for
the pardon of any person convicted of an offense, and sentenced to punishment,
or for the commutation of such sentence, shall be made in the manner and
under the restrictions hereinafter prescribed. [66 v. 287, § 217; (S. & C. 891).]
By virtue of the provisions of Art. III, 2 11, of the Constitution, the governor is authorized, of his own
motion, to reprieve or suspend, for a specified interval of time, the execution of a prisoner under sentence of
death, and the assent of the prisoner thereto is unnecessary: Sterling v. Drake, 29 O. S. 457.
SEC. 86. [Notice of application for pardon or commutation.] Notice
of the application for such pardon or commutation shall be given by or on
behalf of the applicant to the prosecuting attorney of the county in which the
indictment was found against such person so convicted and sentenced, at
least three weeks before such application can be considered by the board of
pardons or the governor, a copy of which notice, acknowledged by such prose-
cuting attorney, or certified under oath of a creditable witness to be a true copy
thereof, shall accompany every such application to the board of pardons, to be
transmitted by them with their recommendation to the governor; and a notice
of such application, setting forth the name of the person on whose behalf it is
83
GOVERNOR.
Tit. III, Ch. 1.
SS 87-89.
made, the crime of which he was convicted, the time of such conviction, and
the term of sentence, shall also be published in a newspaper printed in such
county, and of general circulation therein, or, if there be no newspaper pub-
lished therein, then such notice shall be posted on the door of the court-house
of such county, at least three weeks before the board of pardons or the gov-
ernor of the state consider the application; and a copy of the notice, duly
authenticated by a creditable witness, under oath, shall also accompany the
application; but in any case in which the application is for the pardon or
commutation of the sentence of any person sentenced to capital punishment,
and the time of the making of the application to the time fixed for the execu-
tion of such sentence is not sufficient to allow the giving of such notice, the full
time, or the giving of the notice at all, may be dispensed with by the gov-
ernor. [1888, April 11: 85 v. 188, 191; Rev. Stat. 1880; 66 v. 287, § 218; (S. & C.
892).]
For an
"
act prescribing the mode of applying for pardons, commutations of sentence,
and reprieves," etc. (85 v. 188, 191), see (409-42) et seq.
SEC. 87. [Duty of prosecuting attorney.] The prosecuting attorney of
the county in which the indictment was found against the person on whose
behalf such application for pardon or commutation is made shall, forthwith,
make out, and forward to the board of pardons, to be by them transmitted with
their recommendation to the governor after the service of the notice upon him
as herein provided, a statement setting forth the time of such trial and convic-
tion, and the date and term of such sentence, and also the crime of which such
person was convicted; and he shall also briefly state any circumstances in
aggravation or extenuation, if any such appeared in the testimony upon the
trial of the person on whose behalf such application is made. [1888, April 11:
85 v. 188, 191; Rev. Stat. 1880; 66 v. 287, § 219; (S. & C. 892).]
See act referred to (85 v. 188, 191) under § 86.
SEC. 88. [When death of convict is imminent, how pardoned.] In a
case in which there is imminent danger of the death of a person imprisoned
in the penitentiary, certified by the physician thereof, or otherwise made to
appear, and the warden recommends the pardon of such convict; and in any
case in which the warden and the directors of the penitentiary unite in a
recommendation for the pardon of a convict, stating the reasons and consider-
ations of such recommendation-the governor may dispense with any or all of
the foregoing provisions governing the granting of pardons. [66 v, 287, § 220;
(S. & C. 892).1
A full, unconditional pardon delivered is irrevocable. Where a prisoner confined in the penitentiary
was pardoned by the governor on the ground that the prisoner was in imminent danger of death, and the
prisoner was afterwards re-arrested by the warden of the penitentiary on the ground that the pardon had
been obtained by fraudulent representations, it was held that, in proceedings by him on a writ of habeas
corpus to secure his release. it could not be shown that the pardon had been obtained by fraudulent rep-
resentations: Knapp v. Thomas, 39 O. S. 377. McIlvaine, J. and White, C. J. dissented.
SEC. 89. [Pardon, or commutation of sentence, may be on conditions.]
Pardon, or commutation of sentence, may be granted upon such conditions as
the governor deems proper to impose, which shall be stated in the warrant;
and such pardon or commutation shall not take effect until the conditions so
imposed are accepted by the convict, which acceptance shall be indorsed upon
the warrant, signed by the convict, and attested by one witness. In a case of
commutation of sentence such witness shall go before the clerk of court in
whose office the sentence is recorded, and prove the signature of the convict;
and the clerk shall thereupon record the warrant, indorsement and proof, in
the journal of the court, which record, or a certified transcript thereof, shall be
evidence of such commutation, the conditions thereof and the acceptance of
the conditions. Warrants of pardon shall be issued in duplicate, one copy of
which shall be given to the convict, and one filed in the office of the clerk of
the penitentiary; conditional pardons shall also be recorded by the clerk of
the penitentiary, in a book to be provided for that purpose, and such record
84
$$ 89a-91.
GOVERNOR.
Tit. III, Ch. 1.
shall embrace all endorsements thereon; and a transcript of any case recorded
in such record, duly certified by the warden and attested by the clerk of the
penitentiary, or a copy of a warrant and the indorsements thereon, filed as
above provided, so certified and attested, shall be received as evidence of all the
facts stated in such instrument. [1882, April 17: 79 v. 122; Rev. Stat. 1880;
26 v. 287, § 214; (S. & C. 1190).]
See note to Knapp v. Thomas, 39 O. S. 377, under 2 88.
SEC. 89a. [Violation of such conditions a forfeiture of pardon; persons
violating conditions to be recommitted to penitentiary; proceedings in such
cases.] A violation of the conditions of a pardon shall be held to be a for-
feiture of the pardon and shall render the person pardoned liable to recommit-
ment to the penitentiary, there to serve the remainder of his sentence, as though
he had not been pardoned; and in any such case of violation, the prosecuting
attorney of the county in which the same occurred shall, upon the written
request of the governor, file an information thereof in the office of the probate
judge of such county, whereupon such judge shall issue a warrant to the sheriff
of such county, commanding him to pursue after and arrest the person named
in the information, wherever he may be found within the state, and bring him
into his court for examination upon the charge; he shall also demand of the
warden of the penitentiary the evidence provided for by the preceding section,
in cases of conditional pardon, who shall furnish the same; and if, upon such
examination, the charge set forth in the information be sustained, the probate
judge shall issue a warrant to the sheriff, commanding him to deliver the con-
vict into the custody of the warden of the penitentiary, to serve the remainder
of his sentence, as herein provided. The probate judge shall prepare a correct
bill of the costs of the arrest and examination of the convict, and certify the
same under his official seal, which the sheriff shall deliver to the warden of
the penitentiary, who shall allow so much thereof as he finds to be in accord-
ance with law, and certify the same to the auditor of state, who shall draw
his warrant, in favor of the sheriff, upon the treasurer of state, for the payment
thereof out of the appropriation for the prosecution and transportation of con-
victs. The warden shall furnish each convict who receives a conditional par-
don, before he leaves the penitentiary, a copy of this and the preceding section
of this act, and explain its provisions to him. [1882, April 17: 79 v. 122.]
See note to Knapp v. Thomas, 39 O. S. 377, under 3 SS.
SEC. 90. [Proceedings if condition of pardon or commutation requires
convict to be confined in penitentiary.] If in case of a pardon or commuta-
tion the governor, as one of the conditions thereof, requires the person in whose
favor it is granted to be confined in the penitentiary, either for life or a definite
time, it being so specified in the warrant, the sheriff, or other officer having
such person in custody, shall convey him to the penitentiary in the same man-
ner as other convicts are directed by law to be conveyed; and the warden shall
receive such person, together with the warrant, and shall proceed with such
convict as the warrant directs; and the expenses of transporting such person to
the penitentiary shall be allowed and paid as in other cases. [66 v. 287, § 215;
(S. & C. 1191).]
SEC. 91. [Proceedings when convict becomes insane.] If a convict, at
any time before the full execution of the sentence, be represented to the board
of pardons to be insane, they shall inquire into the facts, and if, in their opin-
ion, the facts are such as to require the exercise of executive clemency, they
shall so report to the governor, who may, without notice, pardon the convict,
or commute the sentence, or suspend its execution for a definite time, or from
time to time, as he may deem proper; and the governor, in case of commuta-
tion or suspension, may, by his warrant to the proper officer, order the convict
to be confined in the penitentiary or jail, or conveyed to an asylum for
insane for treatment. If the sentence be suspended, and the convict recover
85
Tit. III, Ch. 1.
GOVERNOR.
$$ 92-95.
his reason, the sentence, so far as not before executed, shall, at the termination
of the suspension, be fully executed. [1888, April 11: 85 v. 188, 191; Rev.
Stat. 1880; 53 v. 81, § 58; (S. & C. 850).]
See act referred to (85 v. 188, 191) under 2 86.
The commutation of a lunatic convict by the governor is valid without the consent of the convict, and
can not be invalidated by the convict's rejection or refusal of it when restored to reason: Ex parte Victor, 31
O. S. 206.
SEC. 92. [Reprieves.] The governor may grant a reprieve for a definite
time to any person under sentence of death, without notice or application; but
said board of pardons, having considered any application for such reprieve,
may recommend to the governor that the same be granted or rejected. [1888,
April 11: 85 v. 188, 191; Rev. Stat. 1880; 66 v. 287,214.]
See act referred to (85 v. 188, 191) under ? 86.
SEC. 93. [Proceedings if reprieved prisoner is ordered to be confined
in the penitentiary.] If in case of a reprieve the governor in the warrant directs
that for the time of the reprieve, or any part thereof, the prisoner be confined
in the penitentiary, the sheriff, or other officer having such prisoner in custody,
shall convey him to the penitentiary in the same manner as other convicts are
directed by law to be conveyed; and the warden shall receive such prisoner,
together with the warrant, and shall proceed with such prisoner as the warrant
directs; and at the expiration of the time in such warrant limited for confine-
ment of such prisoner in the penitentiary, the warden shall redeliver such
prisoner to the sheriff, or other officer entitled to the custody of such prisoner,
to be dealt with according to the sentence, as modified by such warrant of
reprieve. [66 v. 287, § 215.]
SEC. 94. [Warrant of reprieve to be recorded in court.] In all cases of
reprieve, the sheriff or other officer having custody of the person reprieved,
shall, forthwith, on receiving the warrant of reprieve, present it to the clerk of
the court in which the sentence is recorded, who shall thereupon record the
same in the journal of that court. [66 v. 287, § 214.]
FUGITIVES FROM JUSTICE.
SEC. 95. [Fugitive from justice; when governor may surrender, or
make requisition for; fugitive convicts to be surrendered.] The governor,
in any case authorized by the constitution of the United States, may, on
demand, deliver over to the executive authority of any other state or territory,
any person charged therein with treason, felony, or other crime committed
therein, and he may, on application appoint an agent to demand of the execu-
tive authority of any other state or territory any person charged with felony
who has fled from justice in this state; but such demand or application must
be accompanied by sworn evidence that the party charged is a fugitive from
justice, and that the demand or application is made in good faith for the pun-
ishment of crime, and not for the purpose of collecting a debt or pecuniary
mulct, or of removing the alleged fugitive to a foreign jurisdiction with a view
there to serve him with civil process; and also by a duly attested copy of an
indictment or an information, or a duly attested copy of a complaint made
before a court or magistrate authorized to take the same, such complaint to be
accompanied by an affidavit or affidavits to the facts constituting the offense.
charged, by persons having actual knowledge thereof; the same shall also be
accompanied by a statement in writing from the prosecuting attorney of the
proper county, who shall briefly set forth all the facts of the case, the reputa-
tion of the party or parties asking such requisition, and whether, in his opin-
ion, such requisition is sought from improper motives, or in good faith to
enforce the criminal laws of Ohio, and such further evidence in support thereof
as the governor may require. Fugitive convicts shall also be so surrendered and
demanded upon sworn evidence, duly authenticated, satisfactory to the governor.
86
·་
$$ 96-97.
GOVERNOR.
Tit. III, Ch. 1.
For issuing such requisition, fees not to exceed five dollars, may be charged.
[1884, February 21: 81 v. 23; 78 v. 49; Rev. Stat. 1880; 67 v. 171, J. R.]
As to the power of county commissioners to pay expenses of capture, etc., see ?? 920, 1310.
If the governor of one state make a requisition on the governor of another state for the surrender of a
fugitive from justice, and the case is shown to be within the provisions of the Constitution of the United
States and the act of congress on the subject, no discretion is vested in the latter governor, but it is his
imperative duty to issue his warrant of extradition: Work v. Corrington, 34 O. S. 64.
If a warrant for the surrender of a fugitive from justice is obtained in a case in which it should not have
been issued, the governor may revoke it, whether issued by himself or his predecessor: Ib.
When such warrant has been revoked by the governor, no inquiry will be made, in a proceeding on habeas
corpus on behalf of the alleged fugitive, as to the grounds of such revocation, although, at the time of the
revocation, the fugitive may have been in custody of the agent of the demanding state: Ib.
f
See note to Ex parte Sheldon, 34 O. S. 319, under 2 97.
་ A person extradited under the provisions of the treaty of 1842 between the United States and Great
Britain, can not be detained in custody and prosecuted for a different crime than the one specified in the
warrant of extradition: State v. Vanderpool, 39 O. S. 273.
Where W., a citizen of Pennsylvania, was extradited from that state, upon application of C. & Co., in a
criminal prosecution instituted by them in Hamilton county, the service of summons and order for arrest,
issued in a civil action brought by C. & Co. against W., and made upon W. directly after he had entered into
a recognizance to appear before the court of common pleas, and before conviction, and before he had an
opportunity to return to his home, was rightfully set aside: Compton, Ault & Co. v. Wilder, 40 O. S. 130.
Accused can not be tried for crime other than for which he was extradited: McKnight, ex p. 48 O. S. 588;
but this case was denied because the U. S. decision controls: Brophy ex p. 40. D. 491: 2 N. P. 230.
If the prisoner came voluntarily with the officer and was not misled by him he can be arrested on a
different charge: Donahue ex p. 6 O. D. 389; 4 N. P. 296.
Granting the requisition is an executive and not ministerial act and neither courts nor legislature can
interfere with it: State v. Hudson, 2 O. D. 41; 2 N. P. 1; affirmed, no report; 52 O. S. 673.
This section does not limit the governor's power to felonies, for his power rests on the U.S. Constitution
and laws and he has power and it is his duty to issue a requisition for misdemeanor: State v. Hudson, 2 O. D.
41; 2 N. P. 1; affirmed, no report; 52 O. S. 673.
A felony substantially charged in an indictment attached to the requisition is sufficient: Jackson et al
v. Archibald, Sheriff, 12 C. C. 156; 5 O. D. 533.
The fact of its being inartistically drafted or that there is some technical defect in the form of the in-
dictment will not avail upon proceedings for the extradition of criminals: Id.
An affidavit or belief makes a prima facie case before the demanding governor: Id.
An extradition warrant signed in blank by the governor is a nullity: Exp. Larney, Sup. Ct. without
report, 38 Bull. 85. The warrant need not be countersigned by the secretary of state: Id.
SEC. 96. [Governor may require an investigation by, and opinion of,
the attorney-general or prosecuting attorney.] When such demand or appli-
cation is made, the attorney-general, or the prosecuting attorney of any county
shall, if the governor requires it, forthwith investigate the grounds thereof, and
report to the governor all the material facts which may come to his knowledge,
with an abstract of the evidence in the case-and especially in case of a person
demanded, whether he is held in custody, or is under recognizance to answer
for any offense against the laws of this state, or by force of any civil process-
with an opinion as to the legality and necessity of complying with the demand
or application. [67 v. 171, J. R.]
SEC. 97. [Surrender of fugitive on demand of other state; examina-
tion; commitment; notice to other state; payment of costs and security
for expenses of fugitive's return if found not guilty.] If in case of demand
for surrender of a person charged with an offense committed in another
state or territory, the governor decides that it is proper to comply with the
demand, he shall issue a warrant to the sheriff of the county in which such
person so charged may be found, commanding him forthwith to arrest and
bring such person before a judge of the supreme court, of the circuit court,
or of the common pleas court, to be examined on the charge; and upon the
return of the warrant by the sheriff, with the person so charged in custody,
the judge before whom the person so arrested is brought, and to whom the war-
rant is returned, shall proceed to hear and examine such charge, and upon
proof made in such examination by him adjudged sufficient, shall commit
such person to the jail of the county in which such examination is so had, for
a reasonable time, to be fixed by the judge in the order of commitment, and
thereupon shall cause notice to be given to the executive authority making
such demand, or to the duly authorized agent of such executive authority
appointed to receive the fugitive; and on payment of all costs, and the deposit-
ing of a sum of money with the clerk of such court, equal to ten cents a mile
from the place where such arrest has been made, to the proper place for the
prosecution of such supposed fugitive, by such agent, such fugitive shall be
delivered to him to be thence removed to the proper place for prosecution; and
if such agent does not appear within the time so fixed and pay the costs, and
87
GOVERNOR.
Tit. III, Ch. 1.
§ (97-1).
make such deposit, the sheriff shall discharge the person so imprisoned. In case
the supposed fugitive should not be found guilty of the crime charged in the
warrant for his arrest, such deposit shall be paid to him; but upon the convic-
tion of such fugitive of the crime so charged, such sum shall be paid to the
agent making the deposit. [1887, March 21: 84 v. 228; 82 v. 16; Rev. Stat.
1880; 72 v. 79, §§ 1, 2, 3.]
There is no authority for taking a bill of exceptions, setting out all the testimony in a proceeding before
a judge under the act of March 23, 1875 (72 v. 79). An order made by such judge is not reviewable on error:
Sheldon v. McKnight, 34 O. S. 316.
The certificate of authentication provided for in 25278 of the U. S. Revised Statutes (1027), is not required
to be in any particular form, and where the language employed by the demanding governor in the requisi-
tion shows the copy of an indictment annexed thereto to be authentic, it is sufficient. It is no ground for
discharging a fugitive from justice on habeas corpus that the indictment, after charging embezzlement, by
way of conclusion in the same count, also avers that " 80 "the defendant committed larceny. Where from
the authenticated copy of the indictment annexed to the requisition it appears that the fugitive stands
charged in the demanding state with embezzlement, the printed statutes of such state, purporting to be pub-
lished by its authority, may be received to show that embezzlement is made a crime by the laws of that
state. After an alleged fugitive from justice has been arrested on an extradition warrant, he will not be dis-
charged on the ground that there was no evidence before the executive issuing the warrant, showing that
the fugitive had fled from the demanding state to avoid prosecution: Ex parte Sheldon, 34 O. S. 319.
The act of 1875 (72 v. 79), relating to fugitives from justice, is a valid enactment in so far as it is in aid of
the provisions of the Constitution of the United States and the act of congress on the subject: Ex parte
Ammons, 34 (). S. 518.
The power of a judge to discharge an alleged fugitive from justice under the act ci 1975 (72 v. 79), is
essentially the same as under the habeas corpus act: Wilcox v. Nolze, 34 O. S. 520; followed Exp. Larney, Sup.
Ct. without report, 38 Bull. 85.
The provisions of the Constitution of the United States and the act of congress relating to the extradi-
tion of those "who shall flee from justice and be found in another state," are confined to persons who are
actually, and not merely constructively, present in the demanding state where they commit the acts charged
against them; and in a proceeding on habeas corpus, for discharge from arrest on a warrant of extradition
issued by a governor. in compliance with the requisition of the governor of another state, parol evidence is
admissible to show that there had been no such actual presence of the accused in the demanding state: Ib.
See Extradition Laws, U. S.
An extradition warrant signed in name of governor, by his private secretary, without his knowledge or
special instructions, not treated as the warrant of the governor: A. G. Payne ex parte (Ham. Dist. Court), 2
W. L. B. 76,
(97-1) [Extradition of criminals from foreign countries; proviso.]
Whenever it shall be made to appear to the governor by sworn evidence, in
writing, that any person has committed any crime within the state of Ohio,
for which by the provisions of any law of the United States, or of any treaty
between the United States and any foreign government, such person may be
delivered to the United States or its authorities, by any such foreign govern-
ment or its authorities, and that such person is a fugitive from the justice of
the state of Ohio and may be found within the territory of any such foreign
government, it shall be the duty of the governor under the great seal of Ohio
to request the president of the United States, or the secretary of state of the
United States, to take any steps necessary for the extradition of such person
from such foreign territory, and his delivery to any agent of the state of Ohio
whom the governor may appoint to receive him, or to the proper officer of the
county within which he may be charged with such crime. Provided, that before
any such request be made by the governor, he shall be satisfied by sworn evi-,
dence, in writing, that such extradition is sought in good faith for the punishment
of such crime only, and not for the purpose of collecting a debt or pecuniary
mulct, nor of bringing the alleged fugitive within the state of Ohio with the
view to serve him with civil process, or with criminal process other than for
the crime for the commission of which his extradition may be sought. [81 v.
208.]
•
STAFF OFFICERS.
SEC. 98. [Appointment and duties of military staff.] The governor, as
commander-in-chief, shall appoint the following staff officers: one adjutant-
general, with the rank of major-general, who shall also be inspector-general and
chief of staff; one quartermaster-general, who shall also be commissary-general
of subsistence; one surgeon-general, and one judge advocate-general, with the
rank of brigadier-general; and the following staff officers, with the rank of
colonel: one assistant adjutant-general, one chief of engineers, and such num-
ber of aid-de-camp, not exceeding twelve, as in his judgment the best interests.
of the service may require. The adjutant-general shall have an office in the
88
$$ 99-102.
GOVERNOR.
Tit. III, Ch. 1.
state-house, and shall receive for his services a salary of two thousand dollars.
per annum. The assistant adjutant-general shall serve in the office of the
adjutant-general, under his directions, and shall have authority to sign, offi-
cially, any copy, transcript, or other document pertaining to the records or
duties of the office of the adjutant-general, and for his services shall receive a
salary of fifteen hundred dollars per annum. In time of peace, and when not
otherwise ordered by the governor, the adjutant-general shall also perform the
duties of quartermaster-general. [90 v. 80; 74 v. 227, § 17; (S. & S. 453;
S. & S. 462).]
Staff is part of active militia, ? 3033.
For "an act to authorize the final adjustment of claims of the state of Ohio against
the general government" (77 v. 310).
See 10 of "an act to create and establish a state board of health, making it the
duty of the adjutant-general to provide rooms for said board" (83 v. 77), % (409—34).
As to the erection of a Gettysburg monument to Ohio soldiers, see 83 v. 89.
(C
For an act to provide for the examination and payment of certain military claims,"
etc., see 78 v. 197.
For "
an act to provide for the publication and distribution of the Roster of Ohio Sol-
diers, see 83 v. 146; 87 v. 27, 276; 90 v. 127; 92 v. 85, 426.
SEC. 99. [Quartermaster's department, etc.] When, in case of war,
insurrection, invasion, or other cause, it becomes necessary or expedient, the
governor may order the quartermaster-general upon duty, and direct that he
shall receive from the adjutant-general and take charge of all ordnance, ord-
nance stores, camp and garrison equipage, subsistence and supplies belonging
to the state, and shall so remain on duty until relieved by the governor-
whereupon he shall transfer all stores on hand to the adjutant-general; and the
quartermaster-general shall receive for his services a salary at the rate of two
thousand dollars per annum while on duty. When, under like circumstances,
it becomes necessary or expedient, the governor may also organize a subsistence
or commissary department, and may appoint such number of assistant commis-
saries, with the rank of captain, as may be necessary, who shall act under the
orders of the quartermaster-general, and shall receive for their services a salary
not exceeding one hundred dollars per month, for the time actually in service,
and whose commissions shall be canceled when their services are no longer
required. [74 v. 227, § 18; (S. & S. 453).]
SEC. 100. [Medical department.] When, in case of war, insurrection,
invasion, or from other cause, it becomes necessary or expedient, the governor
may order the surgeon-general on duty, and direct that he shall take charge of
the medical department of the military organization of the state, and he shall,
for his services, receive a salary at the rate of two thousand dollars per annum
for the time so employed; but any pay or emoluments received by any staff
officer from the United States government, during the time employed in the
service of the state, shall be deducted from the salaries aforesaid. [(74 v. 227,
§ 19); S. & S. 454.]
SEC. 101. [Bureau of military justice, how organized.] When, in his
judgment, the best interests of the service require it, the governor may organ-
ize a bureau of military justice, and detail such officers to act as judge advo-
cates, under direction of the judge advocate general, and assign to them such
duties as a proper administration of the affairs of such bureau requires. [(74 v.
227, § 19).]
SEC. 102. [Officers to make annual reports.] The adjutant-general,
quartermaster-general, surgeon-general, chief of engineers, and judge advocate
general, shall make to the governor annual reports of the transactions of their
respective departments, up to and including the fifteenth day of November.
[74 v. 227, § 19.]
89
Tit. III, Ch. 1.
GOVERNOR.
§ 103
SEC. 103. [Commissions of staff officers.] The commissions of the staff
officers of the governor shall expire with the term for which he was elected;
the salaries and accounts of the staff officers shall be countersigned by the
governor, and paid on his certificate. [63 v. 70, § 20; S. & S. 454.]
SUPERINTENDENT OF THE STATE HOUSE.
SEC. 104. [Adjutant-general to be superintendent of the state house.]
The adjutant-general shall also be superintendent of the state house, and as
such shall have the supervision and control of the state house, the grounds
and appurtenances thereto attached, and of all work performed upon, and
materials furnished for, the same, including the heating apparatus in the state
house, materials and hands employed in and about the same; and he shall also
have charge of the tract of land in Franklin county purchased by the state for a
quarry. Every contract for such work and materials shall be in writing, signed
on behalf of the state by the superintendent; a copy thereof shall be deposited
in the office of the secretary of state within ten days after the same is exe-
cuted; and no contract shall exceed the amount appropriated by law applica-
ble to such purpose. The superintendent shall, annually, make a report of his
proceedings to the governor, who shall lay the same before the general assem-
bly; and he shall keep the state house and grounds and appurtenances thereto
attached, constantly watched, protected, and in order; and he shall prepare the
legislative halls for the reception of the general assembly at the commencement
of each regular and extra session. [59 v. 57, § 2; 73 v. 79, § 1; S. & S. 736.]
SEC. 105. [Fuel for the state house.] Annually, on or before the first
day of May, the adjutant-general, as superintendent, shall ascertain and fix
the amount and kind of fuel necessary for heating the state house for the ensu-
ing year, and he shall thereupon advertise and contract therefor in the same
manner and under the same restrictions that the secretary of state is required
to advertise and contract for paper for the state. [70 v. 121, § 8.]
SEC. 106. [Superintendent shall keep a record and certify accounts.]
As superintendent, he shall keep a full and complete record of all his proceed-
ings, and of all contracts by him made, and of all accounts, and he shall, in
conformity with any such contracts, certify such accounts to the auditor of
state, from time to time, as payments thereon shall become due. [59 v. 57, § 4;
S. & S. 736.]
(106—1) [Adjutant-general to appoint policemen and visitors' attend-
ant for state house; duties of.] For the protection of the state house and
the offices therein, and to prevent improper conduct and trespassing in and about
the building and grounds, the adjutant-general shall appoint one day police-
man and one night policeman; and to provide for attention of strangers visit-
ing the capitol, he shall appoint a visitors' attendant, who shall also take
proper care of the building and premises in the absence of the day policeman;
said policeman and visitors' attendant shall be appointed for the term of two
years, unless sooner removed. The persons so appointed shall take an oath of
office and wear a proper uniform and badge of office, and shall have the same
authority to make arrests as is or may be vested in the police of cities, and all
persons arrested by them shall be delivered to the police authorities of the city
of Columbus, and dealt with by said authorities in the same manner as persons
arrested by the police of said city. The persons so appointed shall, in the dis-
charge of said duty, so arrange that at no time shall the building and grounds
be without police protection. [81 v. 13].
(106-2) [Salary of appointees.] The day police and visitors' attend-
ant shall each receive an annual salary of seven hundred and twenty dollars
($720), and the night policeman shall receive an annual salary of eight hun-
dred dollars ($800). [81 v. 13.]
90
$ (106-3).
GOVERNOR.
Tit. III, Ch. 1.
(106-3) SEC. 1. [State building commission; how constituted.]
There is hereby constituted a board to be known as the state building com-
mission, to be composed of the governor and attorney-general, ex-officio, and
three citizens of the state, to be appointed by the governor within thirty days
after the passage of this act, which commission shall have authority to select
and acquire a site suitable for the erection of a state building, which shall
be of sufficient dimensions to furnish accommodations for the various depart-
ments of the state government now lacking room or not provided with room
in the state capitol. Such departments and offices to be provided for may be
determined upon by the above commission. [93 v. 119; 92 v. 391.]
(106-4) SEC. 2. [Powers and duties.] Said commission is hereby
vested with full authority to select a site for such building, and to acquire
title thereto, in the name of the state of Ohio, and it may acquire the same
by purchase, or, being unable to agree with the owner or owners as to price
to be paid for such property, said commission may direct the attorney-general
to institute proceedings for the appropriation of such property in the name
of the state, and such proceedings shall be had in accordance with the gen-
eral provisions of the statutes relating to the condemnation of property for
public uses. Provided, that said commission may, in its discretion, acquire
a portion of said property by purchase and a portion by appropriation as afore-
said. Provided, further, that if said commission is of the opinion that the
amount awarded in such condemnation proceedings is excessive, it may refuse
to pay the same, and may proceed to select a different site; and provided,
further, that if such commission should be unable to acquire such site at a
price deemed by it reasonable and proper, it is hereby vested with power and
authority to erect the building, hereinafter provided for, upon the state house
grounds at such distance from the state house and on the east side thereof,
entirely detached therefrom, as it may deem advisable. [93 v. 119; 92 v. 391.1
(106-5) SEC. 3. [Plans and specifications for building; architect.]
Forthwith upon the acquisition of the title to such site or the location of said
building upon the state house grounds, said commission shall publicly request
the presentation, within a reasonable time thereafter, to be designated in such
request, of competitive plans and specifications with accompanying estimates
for such building or alternate designs as said commission may determine upon.
And said commission shall thereupon select from the plans presented the plan
by them deemed the most suitable and appropriate, and which shall comply
with the terms of this act, and shall employ either the architect whose plan is
selected, or some other competent architect, to furnish specifications and com-
plete working plans for said building. And said commission may, in request-
ing the presentation of such plans, offer a prize or prizes, not to exceed five in
number, for the most suitable plans presented, to be by said commission
awarded, and said commission is authorized to expend not more than $1,000
for such purpose. [93 v. 119; 92 v. 391.]
(106-6) SEC. 4. [General control of contracting and construction;
superintendent and assistants; building to be completed within certain
'time.] Upon the completion of such specifications and working plans said
commission shall have general charge and control of the contracting, construc-
tion and erection of said building, but to be governed and controlled by chap-
ter 1, title 6, of the Revised Statutes of Ohio, relating to public buildings, so
far as applicable. Said commission shall exercise general control and super-
vision of the erection of said building, and shall have power to employ a
competent superintendent of construction to superintend the same and employ
such other assistants as may be necessary. And said commission shall, as far
as practicable in the construction of such building, employ Ohio labor and use
material native to this state. But such building shall be completed within
two years from the time suitable land is acquired or from the time that said
91
Tit. III. Ch. 1.
GOVERNOR.
§ (106—7).
commission finds itself unable to acquire suitable land and decides to locate
said building on the state house grounds. [93 v. 119; 92 v. 391.]
(106-7) SEC. 5. [Organization of commission; clerk; compensation
of members, etc.] Said commission shall elect one of their own number as
chairman, and shall have power to employ a clerk, who, in addition to such
other duties as may be assigned to him by said commission, shall keep full
and accurate minutes of the proceedings of said commission, including copies
of all contracts, plans and specifications, which shall at all times be open to
public inspection. Said commission is also fully empowered to fix the com-
pensation of said clerk, and of said superintendent of construction and other
assistants, and to determine the sums to be paid to architects who submit
plans for said building. The members of said commission appointed by the
governor shall receive compensation for their services under this act for a
period not to exceed two and one-half years from the passage of this act, of
ten hundred dollars per annum for each of the appointed commissioners, and
shall receive no other eompensation, but all the expenses for the commission
for books, stationery and other supplies, shall be paid out of the treasury of
the state on the warrant of the auditor of the state, to be issued upon a requi-
sition of said commission. [93 v. 119; 92 v. 391.]
(106-8) SEC. 6. [Quorum of commission.] The majority of said
members shall be competent to exercise any authority which this act vests
in said commission, including the making of any and all contracts. [93 v.
119; 92 v. 391.]
(106-9) SEC. 7. [Members' successors.] If any officers above desig-
nated shall retire from office before the completion of said building, his suc-
cessor in office shall be his successor as a member of said commission, or if
any appointed member shall retire from the board, his place shall be filled
by appointment of the governor. [93 v. 119; 92 v. 391.]
(106-10) SEC. 8. [Appropriations; limitation as to amount of con-
tracts, etc.] For the purpose of carrying out the provisions of this act, the
the sum of two hundred thousand dollars ($200,000) is hereby appropriated
out of any money in the state treasury to the credit of the general revenue
fund, not otherwise appropriated. And the further sum of two hundred
thousand dollars ($200,000) is hereby appropriated out of any money in the
state treasury to the credit of the general revenue fund, not otherwise appro-
priated, subject to draft on and after February 15, 1899. Said appropriations
shall be paid out on warrants issued by the auditor of state, upon requisitions
and estimates signed by the majority of the state building commission. Pro-
vided that said commission shall not accept any plan or enter into any con-
tract or contracts that will contemplate or provide for a total expenditure of an
amount in excess of four hundred thousand dollars ($400,000) for the purposes
covered by this act. And further provided, that said building, when fully
completed, equipped, and ready for occupancy, shall not cost an amount in
excess of said sum of four hundred thousand dollars ($400,000).
As to lighting state-house with electricity, see 88 v. 401, 515.
RECORDS.
SEC. 107. [Records to be kept in governor's office.] The governor
shall cause to be kept in his office a general record, in which shall be entered a
brief abstract of the official proceedings of each day; a record of notaries pub-
lic, in which shall be entered the name, post-office address, county, date of com-
mission, and the beginning and expiration of term of each notary public
appointed; a record of commissioners, in which shall be entered the name,
post-office address, the state, territory, or country, where the appointee resides,
the date of commission, and the beginning and expiration of term of each com-
92
§§ 108-110.
GOVERNOR.
Tit. III, Ch. 1.
missioner appointed; a record of requisitions, in which shall be entered an
abstract of each application for a requisition, showing date, by whom made,
the name of the alleged fugitive, the offense charged, upon the executive
authority of what state, territory, or country the requisition is requested, and
whether granted or refused, and an abstract of requisitions received, showing
date of receipt, from what state or territory issued, the name of the alleged
fugitive, the offense charged, whether a warrant was issued or refused, and if
(issued, to the sheriff of what county, and if refused, the reason therefor; a
record of transfers, in which shall be entered the name of each convict trans-
ferred to the reform school, girls' industrial home, or an asylum for the insane,
or removed from said institutions, and of each insane person transferred from
one insane asylum or asylum district to another, by warrant of the governor,
and the facts pertaining to each such transfer; a pardon record, in which shall
be entered the date of each application for pardon, reprieve, or commutation,
the name of the convict, of what crime, in what county, and at what term of
court he was convicted, the sentence of the court, and the action of the gov-
ernor, the reason therefor, and the date thereof; a record of restorations, in
which shall be entered the name of each convict to whom has been issued, in
pursuance of section seven thousand four hundred and thirty-two, as amended
March 31, 1881, or shall hereafter be issued, by the governor, a certificate evi-
dencing the restoration of the rights and privileges forfeited by his conviction,
and of what crime, in what county, and at what term of court he was con-
victed, the term of his sentence, and the date of such certificate and by whom
issued; and an appointment record, in which shall be entered the name of each
person appointed to any office by the governor, except notaries public and com-
missioners, the office to which appointed, the date of the appointment, of the
commission, and of the beginning and expiration of the term, and in cases
wherein action by the senate is required, the result and date of such action.
[1883, April 18: 80 v. 175; Rev. Stat. 1880; 55 v. 13, § 14; 73 v. 201, § 1; (S. & C.
875).]
SEC. 108. [Alphabetical index; filing; evidence.] There shall be
made and kept up an alphabetical index to each of said records. And all
official papers shall be filed in boxes properly labeled and dated, to which
boxes reference shall be made in the proper places in said records. And a tran-
script of an entry in any record or of any official paper, kept as aforesaid, certi-
fied as correct by the private secretary, executive clerk of the governor, or com-
mission clerk under the great seal of the state of Ohio, shall be received as
prima facie evidence of the facts, therein stated, in any court, or before any
officer of the state. [91 v. 235; 80 v. 187; 80 v. 175; 78 v. 41; Rev. Stat. 1880;
73 v. 201, § 2.]
WARRANTS.
SEC. 109. [May issue warrant in certain cases, and sheriff shall exe-
cute the same.] When the governor exercises any of the powers granted in
section eleven, article three, of the constitution, or any authority vested in
him by law, requiring the aid of a ministerial officer to carry the same into
effect, he may issue his warrant, directed to the sheriff of any county in the
state, commanding him to execute his orders, and make return thereof in such
manner as he directs in that behalf; and any sheriff who refuses or willfully
fails to comply with the commands of any such warrant, shall forfeit and pay
to the state five hundred dollars, to be recovered in the name of the state by
suit in the county where he resides. [73 y. 201, §3.]
NOTARIES PUBLIC.
SEC. 110. [Appointment of notaries public; revocation of commission;
certificate of common pleas judge; examination of applicant.] The governor
93
Tit. III, Ch. 1.
GOVERNOR.
§§ 111-114.
may appoint and commission as notary public, as many persons of the age of
21 years or over, who are citizens of this state, residing in the several counties
for which they are appointed, as he may deem necessary; provided, however,
that citizens of this state of the age of 21 years, or over, whose postoffice ad-
dress is a city, village or hamlet situated in two or more counties in this state,
may be appointed and commissioned for all of said counties within which said
city, village or hamlet is situated; and the governor shall have the authority
to revoke any commission issued to any notary upon the presentation of satis-
factory evidence of official misconduct or incapacity; but before making any
such appointment, each applicant shall produce to the governor a certificate
from a judge of the common pleas court, circuit court, or supreme court, that
the applicant is of good moral character, a citizen of the county in which he
resides, and possessed of sufficient qualifications and ability to discharge the
duties of the office of notary public; but no such judge shall issue such certi-
ficate until he is satisfied from his personal knowledge that such applicant
possesses the qualifications necessary to a proper discharge of the duties of
such office, and in case of a want of such knowledge, then not until such
applicant has passed an examination showing that he possesses such knowl-
edge, under such rules and regulations as such judge shall prescribe. [93 v.
405, 33; 82 v. 16, 17; 80 v. 212; Rev. Stat. 1880; 76 v. 36; (S. & C. 872).]
Female not eligible: State v. McKinley, 35 Bull. 32.
Under the last amendment, a female is still ineligible to be a notary public: State ex rel. v. Adams, 39
W. L. B. 409; 58 0. S.
Cited in Bank ". Butler, 41 O. S. 524.
SEC. 111. [Bankers, etc., not to act as notaries.] No banker, broker,
cashier, director, teller, or clerk of any bank, banker or broker or other person
holding any official relation to any bank, banker, or broker, shall be compe-
tent to act as notary public in any matter to which said bank, banker, or
broker is in any way interested. [90 v. 119; 73 v. 206, § 7; (S. & S. 498;
S. & C. 873.)
A bank is not answerable for a default of the notary in making presentment for payment whereby the
liability of the indorser was released. The notary is the sub-agent of the owner: Bank v. Butler, 41 O. S. 524.
SEC. 112. [Term of office, bond, etc.] Each notary public so appointed
and commissioned shall hold his office for the term of three years (if so long
be behave well) unless his commission shall be revoked, and before entering
upon the duties of his office he shall give bond to the state of Ohio in the sum
of fifteen hundred dollars, with sureties to be approved by the governor, con-
ditioned for the faithful discharge of the duties of the office, a copy of which
bond shall be filed in the office of the clerk of the court of common pleas of
the county in which he resides, and of each county for which he shall have
been appointed. And he shall take and subscribe an oath to be endorsed on
his commission. [93 v. 405: 80 v. 212, 213; Rev. Stat. 1880; 55 v. 13, § 2 ;
(S. & C. 873).]
SEC. 113. [Notary to provide a seal and register.] Before entering
upon the discharge of his duties he shall provide himself with an official seal,
as the same is prescribed by law; he shall also provide himself with an official
register, in which shall be recorded a copy of every certificate of protest and
copy of note; such seal and such record shall be exempt from execution; and
upon the death, expiration of office without reappointment, or removal from
office of any notary public, his official register shall be deposited in the office
of the recorder of the county in which said notary resides. [93 v. 405; 80 v.
212, 213; Rev. Stat. 1880; 50 v. 222, § 3; (S. & C. 876).]
To the verification required to a chattel mortgage it is not necessary that a notary public before whom it
is made should affix his official seal: Ashley v. Wright, 19 O. S. 291.
SEC. 114. [Commission to be recorded.] Each notary public so com-
missioned shall, before entering upon the duties of his office, leave his com-
mission with the oath thereon endorsed, with the clerk of the court of common
pleas, in the county in which he resides, and of each county, for which he
shall have been appointed, for the purpose of being recorded by each of said
clerks. [93 v. 406; 55 v. 13, § 3; S. & C. 873.]
94
SS 115-120.
GOVERNOR.
Tit. III, Ch. 1.
SEC. 115. [Record and index of commissions.] Upon receipt of any
such commission, the clerk shall record the same in a separate book kept in
his office for that purpose, and indorse on the margin of the record and on the
back of said commission the time he received the same for record, and make a
proper index to all commissions by him recorded. [55 v. 13, § 4; S. & C. 873.]
SEC. 116. [Certified copy of commission to be evidence.] Upon appli-
cation, the clerk shall make out a certified copy of any such commission and
the indorsements thereon, under the seal of the court, and such certified copy
shall be prima facie evidence of all the matters and facts therein contained.
[55 v. 13, § 5; S. & C. 873.]
SEC. 117. [Fees for recording commissions, etc.] For services under
this chapter the clerk shall be entitled to receive the following fees: For
recording and indexing each commission, forty cents, and the like fees for certi-
fied copies of such commissions as are allowed by law to clerks of the court of
common pleas for copies and certificates of records kept by them. [55 v. 13,
§ 6; S. & C. 873.]
SEC. 118. [Powers of notaries public.] Each notary public duly ap-
pointed, commissioned, and qualified shall have power, within the county in
which he resides and of each county for which he shall have been appointed,
to administer all oaths required or authorized by law to be administered in
this state, to take and certify depositions, to take and certify to all acknowl-
edgments of deeds, mortgages, liens, powers of attorney and other instruments
of writing and to receive, make and record notarial protests, and if the post-
office which is recorded in the governor's office as the address of any notary
public is in a city, village or hamlet situated in two or more counties in this
state, such notary public shall have power to receive, make and record notarial
protests within those parts of such counties as are within the established limits
of such cities, village or hamlet. [93 v. 406; 91 v. 34 ; 55 v. 13, § 8 ; S. & C. 873.]
Under general authority, notary can not certify to articles of incorporation where statute requires that
justice of the peace make such certificate: State ex rel. Attorney General v. Lee et al., 21 O. S. 662.
In an arbitration under the statute (22 5601-5613), the oath to the witnesses must be administered by a
judge or justice of the peace. It can not be administered by a notary public: State v. Jackson, 36 O. S. 281.
Boynton, J. dissented.
A notary's power to punish a contumacious witness is not limited by this section but 5252 applies: De-
Camp v. Archibald, 50 O. S. 618.
SEC. 119. [Fees of notaries public.] For the presentment, demand,
notice to drawers and indorsers, and instruments of protest of each bill of
exchange or promissory note, the notary public shall receive the sum of one
dollar and actual necessary expenses incurred in going beyond the corporate
limits of any city or village to make such presentment or demand; and for
recording each instrument by him required to be recorded, the sum of ten cents
for each one hundred words, and no more; and for his services in taking and
certifying acknowledgments of deeds, mortgages, liens, powers of attorney and
other instruments of writing, and for taking and certifying depositions and affi-
davits, administering oaths and other official services, he shall receive the same
fees as are allowed by law to justices of the peace for like services; and in tak-
ing depositions he shall have the same power to compel the attendance of wit-
nesses and to punish them for refusing to testify which is by law vested in jus-
tices of the peace; and all sheriffs and constables in the state are required to
serve and return all process issued by such notaries in the taking of deposi-
tions. [1888, March 14: 85 v. 87; Rev. Stat. 1880; 63 v. 161, § 9; (S. & S. 499;
S. & C. 873).]
see no e to In re W. A Goodman, 1 0. D. 368. under 25269.
SEC. 120. [Foreign and domestic protests evidence.] The instrument
of protest of any notary public appointed and qualified under the laws of the
state, or the laws of any other state or territory of the United States, accom-
panying any bill of exchange or promissory note which has been protested by
4
95
Tit. III, Ch. 1.
GOVERNOR.
SS 121-125.
such notary for non-acceptance or for non-payment, shall be held and received
in all the courts of this state as prima facie evidence of the facts therein certi-
fied; but any party may contradict, by other evidence, any such certificate.
[55 v. 13, § 10; S. & C. 874.]
"Protest," in technical sense, means the notary's declaration on paper; but in popular sense, it includes
all the steps necessary to charge indorser: Townsend's Admr. v. Lorain Bank, 2 O. S. 345, 353.
By this section, domestic bills of exchange and promissory notes are made proper subjects for notarial
protestation. Daniel v. Downing, 26 O. S. 578.
SEC. 121. [Acts done by notary after term closes are valid.] Any act
done by a notary public subsequently to the expiration of his term of office is
as valid as if done during his term of office. [55 v. 13, § 16; S. & C. 875.]
This section is not retroactive; hence an unauthorized acknowledgment of a deed taken before the act
was passed, is not cured by it: Bernier v. Becker, 37 O. S. 72.
Quare: Whether such an acknowledgment can be supported when the officer has been continuing to
act after his term expired so as to constitute him an officer de facto: Ib. 73.
SEC. 122. [Penalty for performing official acts after expiration of
term.] Any person appointed notary public, who performs any act as such
after the expiration of his term of office, knowing that his term has expired,
shall forfeit any sum not exceeding five hundred dollars, to be recovered by an
action in the name of the state, and this act shall render such notary ineligi-
ble to re-appointment. [1883, April 19: 80 v. 212, 213; Rev. Stat. 1880; 55 v.
13, § 17; (S. & C. 875).]
As to penalty for notary acting after office expired, see ? 6914.
This section has no retroactive force: Bernier v. Becker, 37 O. S. 74.
SEC. 123. [Penalty for receiving excess of fees, etc.] Any notary
public who charges or receives any fee or reward for any act or service done or
rendered by him greater than the amount herein limited, or who dishonestly
or unfaithfully discharges any of his duties as notary public, shall, on com-
plaint filed and substantiated in the court of common pleas in the county in
which such notary public resides, be removed from his office by such court;
and the court shall thereupon certify the fact of such removal to the governor,
and the party so removed shall be thereafter ineligible to a reappointment to
the office of notary public in this state. [55 v. 13, § 11; S. & C. 874.]
For penalty for extortion, see 26909.
COMMISSIONERS.
SEC. 124. [Appointment and qualification of foreign commissioners;
powers of such commissioners; seal and oath.] The governor is authorized
to appoint and commission as commissioners of the state of Ohio persons
residing in any other state, or in any territory of the United States, or in any
foreign state, on furnishing such evidence of qualification as he thinks proper
to require, who shall continue in office for the term of three years, and who
shall have authority to take affidavits and depositions to be used in any of the
courts of this state, and also to take acknowledgment and proof of the execu-
tion of any deed or other conveyance, and of any lease, contract, letter of
attorney, or other written instrument, to be recorded or used in this state; and
every person thus appointed commissioner of the state of Ohio shall, before
the issuing of his commission, procure a proper seal of office, and shall take
and subscribe an oath of office before some judge of a court of record, or some
other commissioner of the state of Ohio within the state. territory, or country
in which he resides, which oath, with his signature thereto, and an impression
of his seal of office, shall be transmitted to the governor, and filed in the office
of the secretary of state. [55 v. 13, § 12; S. & Č. 874.]
SEC. 125. [Effect of depositions taken before commissioner of Ohio;
fees and penalties.] Depositions taken upon interrogatories, upon notice or
by consent, and affidavits taken before a commissioner of the state of Ohio may
be read in any suit or other proceeding in this state, and shall have the same
effect as if taken before a magistrate or officer thereunto authorized, within this
96
$126.
SECRETARY OF STATE.
Tit. III, Ch. 2.
state; and all certificates of acknowledgment and proof of execution, made or
granted by such commissioner, shall have the same effect as if made or granted
by such magistrate or officer; any act heretofore done by any such person
appointed and commissioned as such commissioner in Ohio, after the expira-
tion of his term of office by limitation, is and shall be held as valid as if done
during his term of office. And such commissioner is entitled to charge and
receive for his services under this chapter, the following fees, and no more: for
swearing each witness, twenty-five cents; for each one hundred words con-
tained in any deposition and certificate or affidavit taken before him, ten cents;
for authenticating, sealing up, and directing each deposition, one dollar; for
authenticating each affidavit sworn to before him, one dollar; for taking the
acknowledgment and proof of each deed or other conveyance, lease, contract,
letter, or power of attorney, or other written instrument, two dollars; and any
commissioner who charges or receives any fee or reward for an act or service
done or rendered by him under this chapter greater than the amount herein
limited, or who dishonestly or unfaithfully discharges any of his duties as
such commissioner, shall be removed from office by the governor, on com-
plaint to him, and such proof as satisfies him that such commissioner is guilty
of the official misconduct charged; and he shall forthwith notify the party of
such removal, who is thereafter ineligible to re-appointment to the office of
commissioner of the state, and he may give such public notice of the removal
as he deems necessary or advisable. [1883, March 5: 80 v. 37; Rev. Stat. 1880;
55 v. 13, § 13; (S. & Č. 874).]
SEC. 126. [Fees to be paid by notaries and commissioners.] There
shall be paid by each person receiving a commission as notary public, the sum
of one dollar; and by each person receiving a commission as commissioner of
the state of Ohio, the sum of three dollars. [55 v. 13, § 14; S. & C. 875.]
Certain officers in U. S. military service can take acknowledgments, affidavits and de-
positions, see (3107--55) to (3107-58).
CHAPTER 2.
SECRETARY OF STATE.
SECTION
127. Bond.
| SECTION
128. Custody of laws and documents.
129. Duties of secretary of state as to printing of laws.
130. Shall prepare, countersign, and register all
commissions.
146.
145. Like copies shall be furnished to municipalities
for pay.
Acount of expenses.
MISCELLANEOUS.
131. Shall prepare and furnish rules for county sur-
veyors.
147.
Shall have charge of gas inspecting apparatus;
fees.
148.
Fees of secretary of state.
cial services.
132. How and when grades of paper to be fixed.
133. Secretary of state to give notice for sealed proposals
to furnish paper.
134.
What proposals to contain; commissioners may re-
ject bids and re-advertise; may purchase in open
market; supervisor to examine all paper received.
135. Bond to accompany proposal.
136. Bonds to be filed, and effect of breach.
137. Shall purchase stationery.
138. Shall take receipts for stationery.
STATISTICS.
139. Shall gather statistics.
140. Duty of officers to answer fully his questions.
141. Other state officers to furnish him statistics re-
ceived by them.
STATE SEALER.
148a. Fees to be charged by secretary of state for offi-
1486. Disposition of fees; action for if paid under
protest.
148c. Foreign corporations to file statement: excep-
tions; appeals; penalty, suits to compel
compliance; if capital increased; fees go to
state treasury; no attachment for non-resi-
dence after compliance; acting as agent for
corporation failing to comply with this sec-
tion.
148d. Necessary certificate for foreign stock corpora-
tions; requirements before issuing same; per-
son upon whom process to be served; revoca-
tion of authority to do business; service
upon secretary of state; fees; acting as agent
for corporation failing to comply with this
section.
Certain seals and presses shall be furnished by
secretary of state.
142. Who to be state sealer and have charge of
standards.
149.
142-1.
Same.
143. Shall have copies of standards made and dis-
tributed.
150.
Secretary of state shall publish table of times
of holding courts, etc.
144. Device on county standards.
97
Tit. III, Ch. 2.
SECRETARY OF STATE.
SS 127-132.
For "an act for the more effective protection of persons dealing in timber" (80 v. 195),
see (4364-55) et seq.
For "an act to protect manufacturers, bottlers and dealers in ginger ale, seltzer-water,
soda-water, mineral-water, and other beverages, from the loss of their bottles and boxes,'
(77 v. 140), see (4364—42) et seq.
For"
an act to authorize the sale of certain land belonging to the state," see 81 v. 175.
For "
an act to authorize the governor, auditor of state, attorney-general, secretary of
state, and the state librarian to plat and sell certain lands situate in Columbus," see 82 v. 62.
As to the erection of a Gettysburg monument to Ohio soldiers, see 83 v. 89.
As to licensing itinerant vendors, see ? (4402—2).
Shall act as state supervisor of elections, see ? (2966—2).
May revoke certificate of foreign corporation or association violating act, "to define
trusts, and to provide for criminal penalties and civil damages, etc.," see ? (4427—3).
Member of commission to examine voting machines, see ? (2966–55).
As to employment of counsel, see ? 202.
SEC. 127. [His official bond.] The secretary of state, before entering
upon the duties of his office, shall execute a bond to the state in the sum of
one hundred thousand dollars, with two or more sureties, to be approved by
the governor, auditor of state and attorney-general, conditioned for the faith-
ful discharge of the duties imposed upon him by law; this bond, with his
official oath indorsed thereon, shall be delivered to the auditor of state, and
be kept in his office. [87 v. 36; 44 (54) v. 28, § 1; S. & C. 1395].
SEC. 128. [Shall have charge of laws and documents.] He shall have
charge of and safely keep all the laws and resolutions heretofore passed by the
territorial and state legislatures of Ohio, and all that shall hereafter be passed;
and such other papers and documents as are or may hereafter be, in pursuance
of law, deposited in his office. [29 v. 500, § 39; S. & C. 1391.]
See note to State ex rel. Herron v. Smith, 44 O. S. 348, under 29, Art. II, of the Constitution of 1851.
Cited in State v. O'Brien, 47 O. S. 464, 475.
SEC. 129. [Duty of secretary of state as to printing of laws.] Except
as otherwise provided by law he shall examine the proof-sheets of all the laws
printed after their passage, and prepare [side] notes and indexes thereto; and
shall also make accurate copies of all laws and resolutions of the general assem-
bly, and deliver the same to the supervisor of public printing; and he shall
cause to be printed at the end of each volume of the laws his certificate that
the laws and resolutions, as printed therein, are truly copied from the original
rolls in his office. [1880, March 9: 77 v. 53; Rev. Stat. 1880; 29 v. 500, $ 40;
(S. & C. 1392).]
SEC. 130. [Shall countersign and register commissions.] He shall
countersign all commissions required by law to be issued by the governor, and
shall keep a register of commissions issued, specifying the name of each person
commissioned, the office conferred, and the date and tenure of the commission;
and he shall cause all commissions and official papers to be printed with an
engraved impression of the coat of arms of the state. [29 v. 500, § 41; 65 v. 175,
§5; S. & C. 1392; S. & S. 730.]
SEC. 131. [Shall prepare rules for county surveyors.] He shall pre-
pare a code of rules or instructions for county surveyors, which, when approved
by the governor, shall be printed, and a copy thereof furnished to each county
surveyor, who, and their successors in 'office, shall be governed by the same in
the discharge of their duties; and these rules may be revised, republished, and
furnished as aforesaid, when necessary, and, when approved by the governor,
shall supersede those before furnished. [74 v. 217, §5; (S. & C. 1394).]
SEC. 132. [How and when grades of paper to be fixed.] Annually,
on or before the first day of August, the commissioners of public printing and
the supervisor of public printing, shall ascertain and fix the amount and grade
of all paper necessary for the printing of both branches of the general assembly
and the state officers, and other public printing for the period of one year from
the first day of November. [1881, March 18: 78 v. 64; Rev. Stat. 1880; 70 v.
121, § 1; (S. & C. 1392).]
8
98
§§ 133-136.
SECRETARY OF STATE.
Tit. III, Ch. 2.
SEC. 133. [Secretary of state to give notice for sealed proposals to
furnish paper.] When the amount and grades are ascertained and fixed as
aforesaid, the secretary of state shall give notice weekly, for four consecutive
weeks, in three daily newspapers printed in, and of general circulation in the
state, immediately preceding the first Monday of September, setting forth that
sealed proposals will be received at the office of the secretary of state until 12
o'clock, noon, on the first Monday of September following, for furnishing such
paper. It shall also be his duty to notify, by mail, the proprietors of the vari-
ous paper mills and wholesale dealers in paper in the state, that such proposals,
as aforesaid, will be received at his office up to the time named; and the secre-
tary, on application, shall furnish samples of the grades of paper to be bid for.
[1881, March 18: 78 v. 64; Rev. Stat. 1880; 70 v. 121, § 2; (S. & C. 1392).]
SEC. 134. [What proposals to contain; commissioners may reject bids
and re-advertise; may purchase in open market; supervisor to examine all
paper received.] The proposals shall contain the price bid on each sample as
furnished by the secretary of state, and on the first Monday of September the
same shall be opened by the commissioners of public printing, and the contract
by them awarded to the lowest bidder, or bidders for the different kinds of
paper; provided, that said commissioners shall have the right to reject any or
all bids, if in their opinion the bids are above what would be the average market
value of such paper or papers during the year for which the contract would be
let; and in case any or all bids are rejected, the said commissioners of public
printing may re-advertise, as provided in section one hundred and thirty-three,
for three weeks, for proposals as aforesaid, and said bids shall be opened the
first Monday of October, and the contract or contracts awarded as herein before
provided; and in either case, should the commissioners of printing be of the
opinion that the bid or bids should be rejected in the interest of the state, the
said commissioners are hereby authorized to purchase the different kinds of
paper required at the lowest price it can be obtained for in the open market
for that year.
And it is hereby made the duty of the supervisor of public
printing to weigh and examine all shipments of paper received by the state
under contract, or purchase as herein provided, and to report in writing to the
secretary of state, if the same is in accordance with the contract or contracts,
or the terms of the purchase of the same. A record of all transactions for the
contracting, purchase and delivery of all papers named in section one hundred and
thirty-three shall be kept by the secretary of state and preserved in his office
[1881, March 18: 78 v. 64; Rev. Stat. 1880; 70 v. 121, §3; (S. & C. 1393).]
SEC. 135. [Bond to accompany proposals.] Each proposal shall be
accompanied by a bond to the state, executed in due form by the bidder, with
at least two good and sufficient sureties, satisfactory to the secretary of state,
in the sum of forty thousand dollars, conditioned for the faithful performance,
pursuant to law, of such contract or contracts as may be adjudged to him, and
for the payment, as liquidated damages, by such bidder, to the state, of any
excess of cost over the bid or bids of such bidder which the state may be
obliged to pay for such paper by reason of the failure of such bidder to com-
plete his contract: the bond to be void if no contract be awarded to him; and
no bid unaccompanied by such bond shall be entertained by the secretary of
state. [70 v. 121, §4; (S. & S. 731; S. & C. 1393).]
SEC. 136. [Bond to be filed and penalty of forfeiture.] The bond or
bonds on which the contract or contracts are awarded shall be filed and
retained in the office of the secretary of state, and for any failure to comply with
any of the conditions in the contract contained, the contractor may be prose-
cuted in the name of the state, on his bond, in any court of competent juris-
diction, and the amount of damages, when collected, shall be paid into the
state treasury; and each person to whom a contract is awarded, and who neg-
99
Tit. III, Ch. 2.
SECRETARY OF STATE.
SS 137-141.
lects or refuses to comply with the conditions of his contract, shall forfeit and
pay for every such neglect or refusal any sum not less than fifty nor more than
five hundred dollars, to be recovered in the name and for the use of the state;
and if such contractor fails to furnish the paper according to the terms of the
contract awarded to him, the secretary of state shall advertise and re-let the
contract for furnishing the same, and may purchase the paper necessary for
the use of the state until the contract is let. [70 v. 121, §5; (S. & S. 732
S. & C. 1393).]
SEC. 137. [Secretary shall purchase stationery, etc.] Annually, on or
before the first day of November, the secretary of state shall purchase, and cause
to be delivered at his office, so much and such kinds of stationery and other
articles as may be necessary for the use of the general assembly and state
officers; and no person other than the secretary of state shall purchase any
article for the use of the general assembly, or either branch thereof, unless
directed so to do by joint resolution: the amount that may be necessary for
the purchase of such stationery and other articles shall be drawn upon the
order of the secretary of state. [70 v. 121, § 6; (S. & C. 1393).]
SEC. 138. [Receipts to be taken for stationery furnished, and state-
ments to be reported.] The secretary of state, when he delivers to the sergeant-
at-arms of either branch of the general assembly, or other officer entitled by
law to receive the same, any stationery, books, blank-books, or other articles,
shall take a receipt therefor, stating the amount and value thereof, and shall,
in his annual report, give a statement of each class of stationery, blank-books,
and other articles so delivered, the amount and value thereof, and to whom
delivered; and the statement shall also contain an inventory of the amount of
stationery, blank-books, and other articles on hand in his office on the 15th
day of November, when his annual report is made out, and the amount and
value of each class of stationery, blank-books, and other articles received by
him in the preceding year, together with a list of the names of the persons
from whom they were received. [70 v. 121, § 7; (S. & C. 1393).]
For ?? 139-141, see (S. & C. 1409).
STATISTICS.
SEC. 139. [Secretary to gather and report statistics.] The secretary
of state shall, annually, prepare, from the official reports, and from whatever
other reliable sources he may have access to, as full, accurate, and intelligible
tables of the statistics of Ohio, as may be in his power, and report the results
of his labors to the general assembly at its next meeting. `[65 v. 92, §1;
S. & S. 737.]
SEC. 140. [All officers required to answer his questions for this pur-
pose; penalty for neglect, and how recovered.] Every state, county, and
other officer under the laws of this state, shall answer fully and promptly,
without compensation, such special and general questions as the secretary may
propose with the view of securing statistical information; and in case any
officer refuses or neglects to furnish promptly full and accurate answers to any
such questions or question, he shall forfeit and pay a sum not more than fifty
dollars nor less than five dollars, to be recovered by civil action in the name of
the state; and, whenever so directed by the secretary of state, the prosecuting
attorney of the proper county shall institute and prosecute such action, and
pay the amount collected into the county treasury. [65 v. 92, §§ 2, 3; S. & S.
737.]
SEC. 141. [Statistics returned to other officers shall be transferred to
the secretary of state.] All classes of statistics now returnable, or hereafter
made returnable, to the auditor of state, attorney-general, or other officer, shall
100
SS 142-146.
SECRETARY OF STATE.
Tit. III, Ch. 2.
be by him transferred to the secretary of state, subject, however, to the use of
such officer so far as necessary in the discharge of his duties. [65 v. 92, §4;
S. & S. 738.]
STATE SEALER.
For county sealer, see ?? 1054 to 1062, inclusive. For village and city sealers, see ?? 1706,
1707, 1708. On weights and measures, see ?? 4428 to 4446, inclusive.
SEC. 142. [Who shall be state sealer and have charge of standards
of weights and measures.] The professor of physics of the Ohio state uni-
versity shall be ex-officio state sealer, and the standards of weights and meas-
ures adopted by the state shall be deposited in a suitable room at the Ohio
state university, and the same shall be by him kept in suitable cases, which
shall be opened only for the purpose of comparing with such standards the
copies which by law are to be furnished for the use of the several counties,
unless by a joint resolution of the general assembly, or upon a call of either
house for information, or by order of the governor for scientific purposes. [88
v. 123; 58 v. 78, § 5; S. & S. 924.]
(142-1) [Same.] That the duties heretofore required of the secretary
of state under sections 142, 147, 3555 and 3561 of the Revised Statutes, are
hereby transferred to the professor of physics of the Ohio state university, and
the secretary of state is hereby required and directed to turn over to the pro-
fessor of physics aforesaid, the weights and measures, meter-provers, apparatus
and appliances heretofore used by him as said sealer of weights and measures.
[88 v. 122.]
SEC. 143. [Copies of standards for use of counties.] Copies of the
original standards shall be procured by the state sealer, of the following
materials, for the use of each county in this state, not already furnished, in pursu-
ance of law, and be delivered by him to the auditor of such county: One half
bushel measure, of one-eighth inch copper, with brass rim; one gallon
measure, of one-sixteenth inch copper, with brass rim and handle; one
half gallon, one quart, one pint, and one half pint measures, to be made in the
same manner and of the same material; fifty, twenty-five, twenty, ten, five,
four, three, two, and one pound weights, avoirdupois, to be made of cast iron,
turned, polished, and trimmed; and one half pound, one quarter pound, two
ounce, one ounce, half ounce, and quarter ounce weights, troy, to be made of
brass; one brass yard measure, graduated into feet, inches, and tenths. [58 v.
78, § 6; S. & S. 924.]
For act to furnish Licking county with a set of weights and measures, 86 v. 220.
For act to furnish Brown county with a set of weights and measures, 87 v. 12.
SEC. 144. [Device on county standards.] The state sealer shall cause to
be impressed on each of the copies, so to be delivered to the counties, the letter
O, and such other device for each county as he may direct, before the deposit
thereof in the county auditor's office; which device shall be recorded in the
office of the state sealer, and a copy thereof shall be furnished to the auditor of
the proper county. [58 v. 78, § 8; S. & S. 924.]
SEC. 145. [Like copies to be furnished to cities and villages.] The
state sealer shall furnish like copies of the original standards to the sealer of any
city or village upon application therefor, and payment of the cost thereof, by
such city or village. [58 v. 78, § 9; S. & S. 924.]
Under the general law relating to weights and measures, and the city charter of 1834, the city council of
Cincinnati had the power to appoint an inspector or sealer of weights and measures, and to enforce, by fine,
the use of weights and measures sealed by such inspector: Huddleson v. Ruffin, 6 O. S. 604.
SEC. 146. [State sealer's expenses: how paid.] The state sealer shall,
from time to time, render an account to the auditor of state of all moneys by
him paid or liabilities incurred in procuring and delivering copies of the stand-
ards to the counties, as aforesaid; and the auditor shall audit the same and
101
Tit. III, Ch. 2.
SECRETARY OF STATE.
§§ 147-148a.
draw his warrants on the state treasurer for the amounts he finds due, which
shall be paid by the treasurer out of any moneys to the credit of the general
revenue fund. [58 v. 78, § 18; S. & S. 925.]
MISCELLANEOUS.
SEC. 147. [Secretary shall have charge of apparatus for inspecting
gas and meters; fees.] The state sealer of weights and measures shall have
charge of all the apparatus and property, belonging to the state, intended for
the inspection of illuminating gas and gas meters, and the testing of the regis-
tration of meter-provers; he shall test the registration of all meter-provers that
may be presented to him for that purpose, and shall stamp and seal all such
meter-provers, so tested, that are found correct; for testing the registration of
gas meter-provers, to be paid by the persons requiring such service, he shall be
allowed the sum of five dollars for each meter-prover tested. [88 v. 123; 73 v.
227, §§ 1, 2.]
SEC. 148. [Fees of secretary of state.] The secretary of state shall,
except when required by state officers in the discharge of their official duties,
collect the following fees for copies furnished from his office, to be paid by the
persons applying therefor:
For a copy of any document or a part thereof, ten cents per hundred words;
for affixing seal of office to copies, fifty cents; for testing the registration of gas
meter provers, to be paid by the persons requiring such service, five dollars for
each meter prover tested. He shall keep a complete record of all fees collected
in his office, and may retain of the fees so collected in any one year, a sum
not to exceed one thousand dollars; and the balance he shall pay into the state
treasury. [1881, April 18: 78 v. 186; Rev. Stat. 1880; 73 v. 227, § 2; 44 v. 65,
§ 4; (S. & C. 1394).]
SEC. 148a. [Fees to be charged by secretary of state for official serv-
ices.] The secretary of state shall hereafter charge and collect the following
fees for official services:
1. For filing the articles of incorporation of any corporation whose capital
stock is ten thousand dollars or under, ten dollars; of a corporation whose cap-
ital stock is over ten thousand dollars, one-tenth of one per cent. upon the
authorized capital stock of such corporation.
2. For filing a certificate of increase of the capital stock of any corporation.
having a capital stock where the amount of the increase is ten thousand dol-
lars or under, ten dollars; where the amount of increase is over ten thousand
dollars, one-tenth of one per cent. upon the proposed amount of increased
capital.
3. For filing articles of agreements of consolidation of corporations having
a capital stock, the following fees shall be collected by the secretary of state:
Said articles of agreements of consolidation shall be treated as the articles of
incorporation of the new consolidated corporations created by such articles.
or agreements of consolidation, and the fees for filing such articles or agree-
ments of consolidation, shall be the same in each case as is herein before sot
forth for the filing of articles of incorporation of a corporation having the same
amount of capital stock, as is provided for by the articles or agreements of con-
solidation for the new consolidated corporation, created by any such articles or
agreement of consolidation; and in fixing the amount of such fees, no credit
shall be allowed for fees previously paid by any of the constituent corporations,
parties to such consolidation, but the same shall be determined solely by the
amount of capital stock of the new corporation created by such articles or
agreements of consolidation.
As to the effect of filing the agreement with the secretary of state, see 23382.
102
$ 148a.
SECRETARY OF STATE.
Tit. III, Ch. 2.
4. For filing the articles of incorporation of any mutual insurance corpora-
tion not having a capital stock, or of any other mutual corporation not organ-
ized strictly for benevolent or charitable purposes and having no capital stock,
or of any corporation organized for any of the purposes mentioned in section
three thousand six hundred and thirty of the Revised Statutes of Ohio, or in the
sections supplementary thereto, twenty-five dollars, save and except as herein-
after provided.
5. For filing the articles of incorporation of corporations formed for relig-
ious, benevolent or literary purposes; or of such corporations as are not organ-
ized for profit, have no capital stock, and are not mutual in their character;
or of religious or secret societies, or of societies or associations composed
exclusively of any class of mechanics, express, telegraph, railroad or other
employes, formed for the mutual protection and relief of the members thereof
and their families exclusively, two dollars.
6. For filing the articles of incorporation of corporations formed for the
purposes named in section three thousand eight hundred and thirty-three of the
Revised Statutes, ten dollars; for filing a certificate of the increase of the cap-
ital stock of any such corporation, five dollars.
7. For filing a certificate of the reduction of the capital stock of any corpo-
ration, five dollars.
8. For filing a copy of the decree of court, changing the name of any cor-
poration, five dollars.
9. For filing a certified copy of the acceptance by any corporation incorpo-
rated prior to the adoption of the present constitution, of any of the provisions
of the Revised Statutes, five dollars.
10. For filing an amendment to the articles of incorporation of any corpo-
ration, twenty cents a hundred words, to be in no case less than five dollars.
As to the manner of amending the articles, see ? 3238a.
11. For filing for a railroad company a certificate of extension of line, a
certificate of change of termini, a certificate of the adoption or change of loca-
tion, a certificate of the intention of the corporation to construct a branch line,
or a certificate of change of route, twenty cents a hundred words, to be in no
case less than five dollars.
12. For filing a certificate of the extension of purpose, or change of domi-
cile, of any corporation, five dollars.
13. For filing other certificates not herein enumerated, except certificates
of election, for filing which no charge shall be made, twenty cents a hundred
words, to be in no case less than five dollars.
14. For filing the copy of papers evidencing the incorporation of any
municipal corporation, the annexation of territory by any municipal corpora-
tion, or the advancement or reduction in grade of any municipal corporation,
five dollars, to be paid by the corporation, the petitioners therefor, or their
agent.
15. For filing the certificate of subscription required to be filed by section
three thousand two hundred and forty-four of the Revised Statutes, two dollars.
16. For filing a name, or names or initials by manufacturers, bottlers and
dealers in ginger ale, seltzer-water, soda-water, mineral-water and other bever-
ages, under the act of April 9, 1880 (77 O. L., 140), five dollars.
17. For making every certificate under the great seal of the state, one dollar.
18. For recording miscellaneous records, papers, or other documents,
required by law to be recorded in the office of the secretary of state, twenty
cents a hundred words.
19. For making copies of articles of incorporation, and for making copies
in other cases, the fees provided for in original section one hundred and forty-
eight of the Revised Statutes shall be charged; and all fees herein established
shall be paid into the state treasury as provided in said original section; and
103
Tit. III, Ch. 2.
SECRETARY OF STATE.
§§ 1486-148c.
the secretary of state shall neither file nor record any of the artitles of incor-
poration, certificates or other papers herein above referred to, unless the fees
for filing same are first duly paid. [Passed 1889, February 12; took effect May
1: 86 v. 33; 85 v. 80; 83 v. 165; 81 v. 52.]
This law is valid and applies to a consolidation of an Ohio company and those of
another state, as well as between Ohio companies only. Ashley v. Ryan, 49 O. S. 504.
Articles of incorporation of savings and loan association to be submitted by the secre-
tary of state to the attorney-general, 3797.
The duty of the secretary of state when articles of incorporation are presented to him and the proper
fees tendered, is to record and file them and if a certified copy is asked for to issue it; the duty being one
regulated by statute and not subject to his discretion.: State ex rel v. Taylor; 55 O. S. 63.
SEC. 148b. [Disposition of fees; action for fees paid under protest.]
After retaining of the fees collected in his office the sum prescribed in section
148, the secretary of state is authorized and it is hereby made his duty, to pay
into the state treasury to the credit of the general revenue fund for general
revenue purposes, all fees which have been paid or may hereafter be paid
under section 148a, whether the same be paid under protest or not; and in all
cases where fees paid under protest, to recover which while held by him suit
would lie against the secretary of state, are so paid into the state treasury,
actions to recover such fees shall be brought against the state of Ohio and not
against the secretary of state, permission being hereby granted to maintain
actions for such purposes against the state instead of the secretary of state, but
only in the cases and to the extent that such actions might be maintained
against the secretary of state, if the fees were still held by him. Service of
process in such cases shall be made on the attorney-general, who shall repre-
sent the state and protect its interests. [89 v. 325.]
SEC. 148c. [Foreign corporations to file statement; exceptions; ap-
peals; penalty; suits to compel compliance; if capital increased; fees go
to state treasury; no attachment for non-residence after compliance; pen-
alty for acting as agent for corporation failing to comply with this sec-
tion.] Every foreign corporation, incorporated for purposes of profit, now or
hereafter doing business in this state and owning or using a part or all of its
capital or plant in this state, shall, within thirty days after the passage of this
act, or, in case of a company hereafter coming into this state, then before it
proceeds to do any business in this state, under the oath of the president, sec-
retary, treasurer, superintendent or managing agent in this state of such cor-
poration, make and file with the secretary of state, a statement, in such form
as the secretary of state may prescribe, containing the following facts:
1. The number of shares of authorized capital stock of the company and
the par value of each share.
2. The name and location of the office or offices of the company in Ohio,
and the name and address of the officers or agents of the company in charge
of its business in Ohio.
3. The value of the property owned and used by the company in Ohio,
where situate, and the value of the property of the company owned and used
outside of Ohio.
4. The proportion of the capital stock of the company which is represented
by property owned and used and by business transacted in Ohio.
From the facts thus reported, and any other facts coming to his knowledge
bearing upon the question, the secretary of state shall determine the proportion
of the capital stock of the company represented by its property and business
in Ohio, and shall charge and collect from the company, for the privilege of
exercising its franchises in Ohio, one-tenth of one per cent. upon the propor-
tion of the authorized capital stock of the corporation, represented by property
owned and used and business transacted in Ohio, being the same fee required
to be paid by corporations formed under the laws of Ohio. Upon the payment
104
§ 148c.
SECRETARY OF STATE.
Tit. III, Ch. 2.
of the said amount, the secretary of state shall issue to the foreign corporation
a certificate that such corporation has complied with the laws of Ohio and is
authorized to do business therein, stating the amount of its entire capital and
[of] the proportion of which is represented in Ohio. Provided, this section
shall not apply to foreign insurance, banking, savings and loan, or building and
loan companies, or to foreign coöperative or investment companies organized
to sell certificates or debentures on the installment or partial payment plan, or
companies doing business on the service dividend plan, who have deposited
with the treasurer of the state of Ohio securities satisfactory to him of the
value of not less than twenty-five thousand dollars, and who shall annually
thereafter deposit securities equal in value to ten per cent. of the gross receipts
on the amount of business done in Ohio for the preceding year, until the whole
amount so deposited has reached the sum of $100,000 for the protection of the
holders of said certificates or debentures, or to express, telegraph, telephone,
railroad, sleeping car, transportation or other corporations engaged in Ohio in
inter-state commerce business; or to foreign corporations, entirely non-resident,
soliciting business, or making sales, in this state by correspondence or by
traveling salesmen. Any foreign corporation shall have the right, on applica-
tion, to be heard by the secretary of state touching the matter of the determin-
ation of the proportion of its capital stock represented by property used and
business done in Ohio. Any corporation aggrieved by the decision of the sec-
retary of state, may, within ten days, appeal to the auditor of state, the treas-
urer of state and the attorney general, whose decision in the matter shall be
final. Every foreign corporation, subject to the provisions of this section,
which shall neglect or fail to comply with its requirements, shall be subject to
a penalty of one thousand dollars, and an additional penalty of one thousand
dollars for every month that it continues to transact any business in Ohio,
without complying with the requirements of this section, to be recovered by
action in the name of the state, and on collection, paid into the state treasury
to the credit of the general revenue fund. The attorney general, on the request
of the secretary of state, shall institute such action in the court of common
pleas of Franklin county, or of any county in which such corporation has an
office or place of business, as he prefers. No foreign corporation subject to the
provisions of this [section,] shall maintain any action in this state upon any
contract made by it in this state after the time fixed by this act for a compli-
ance by such corporation with its requirements, until it shall have complied
with the requirements of this act and procured the requisite certificate from
the secretary of state. Every corporation which has filed its statement and.
paid the privilege tax under this section, and which thereafter shall increase
the proportion of its capital stock represented by property used and business
done in Ohio, shall, within thirty days after such increase, file an additional
statement with the secretary of state, and pay a fee of one-tenth of one per cent.
upon the amount of increase of its capital stock represented by property owned
or business done in Ohio. All fees collected by the secretary of state under
this section shall be paid by him into the state treasury to the credit of the
general revenue fund. Every corporation subject to the provisions of this sec-
'tion, which complies with its requirements, shall not be subject to process of
attachment under section 5521, Revised Statutes, or any law of Ohio, upon the
ground that it is a foreign corporation or a non-resident of this state. If any
person solicits, or transacts within this state, any business for any such foreign
corporation, until it shall have complied with all the provisions of this sec-
tion, he shall be deemed guilty of a misdemeanor, and on conviction, shall be
fined not less than ten dollars, nor more than five hundred dollars, or be im-
prisoned not less than ten days nor more than six months, or both. It shall
be the duty of the prosecuting attorney, upon direction of the attorney general,
105
Tit. III, Ch. 2.
SECRETARY OF STATE.
$148d.
to prosecute any person charged with a violation of the provisions of this
section. [93 v. 225; 91 v. 272.]
See notes after (3269-4).
Corporations complying with this section exempt from attachment on ground of being
foreign corporations, see ? 5521.
Held constitutional: Peurring et al. v. Carter Crume Co., Edit., 38 W. L. B. 75.
Does not make the corporation a domestic one so as to be liable to garnishment: Kelley v. Garvin Machine
Co., 4 O. D. 374, 380.
A foreign corporation engaged in interstate commerce need not procure the certificate required by this
section before it can sue on a transaction done in this state: General Electric Co. v. Lima Electric Co. et al, 4
N. P. 167; 6 O. D. 186.
It is not required to allege or prove that it has complied with this section or that it is not required to
comply with it:`Id.
SEC. 148d. [Certificate necessary for foreign stock corporation; neces-
sary requirements before issuing same; person upon whom process served;
revocation of authority to do business; service upon secretary of state;
fees; acting as agent for corporation not complying with this section.]
No foreign stock corporation, other than a banking or insurance corporation,
or foreign building and loan associations, or foreign coöperative or invest-
ment companies, or foreign companies organized to sell certificates or deben-
tures on the installment or partial payment plan, or foreign corporations doing
business on the service dividend plan, who have deposited with treasurer of the
state of Ohio securities satisfactory to him of the value of not less than twenty-
five thousand dollars, and shall annually thereafter deposit securities to the
satisfaction of said treasurer equal in value to ten per cent. of the gross receipts
on the amount of business done in Ohio for the preceding year, until the whole
amount so deposited has reached the sum of $100,000, for the protection of
the holders of such certificates or debentures, shall do business in this state
without first having procured from the secretary of state a certificate that
it has complied with all the requirements of law to authorize it to do busi-
ness in this state, and that the business of the corporation to be carried on
in this state is such as can be lawfully carried on by a corporation incor-
porated under the laws of this state for such or similar business, or if more
than one kind of business, by two or more corporations so incorporated
for such kinds of business exclusively. The secretary of state shall deliver
such certificate to every such corporation so complying with the requirements
of the laws of this state. No such foreign stock corporations doing business
in this state without such certificate, shall maintain any action in this state
upon any contract made by it in this state until it shall have procured such
certificate. Before granting such certificate, the secretary of state shall require
every such foreign corporation to file in his office a sworn copy of its charter or
certificate of incorporation, and a statement under its corporate seal particularly
setting forth the amount of capital stock, the business or objects of the corpora-
tion which it is engaged in carrying on, or which it proposes to engage in or
carry on within the state, and a place within this state which is to be its prin-
cipal place of business, and designating in the manner prescribed in the code of
civil procedure in this state, a person upon whom process against such corpora-
tion may be served within this state. The person so designated must have an
office or place of business at the place where such corporation is to have its
principal place of business within this state. Such designation shall continue
in force until revoked by an instrument in writing designating in like manner
some other person upon whom process against such corporation may be served
in this state. Any agent so designated by such foreign corporation may, in the
name and on behalf of such corporation, bring or prosecute actions in any of
the courts of this state in the same manner and with like effect as if done by an
officer of such corporation. If the person so designated die or remove from the
place where such corporation has its principal place of business within this
state, and such corporation does not, within thirty days after such death or re-
moval, designate in like manner another person upon whom process against it
may be served within this state, the secretary of state shall revoke the authority
106
S$ 149-150.
SECRETARY OF STATE.
Tit. III, Ch. 2.
of such corporation to do business within this state, and process against such
corporation in actions upon any liability incurred within this state before such
revocations, may after such death or removal, and before another designation is
made, be served upon the secretary [of state]. At the time of such service the
plaintiff shall pay to the secretary of state two dollars, to be included in his
taxable costs and disbursements, and the secretary of state shall forthwith
mail a copy of such notice to such corporation, if its address or the address of
any officer thereof is known to him. For each certificate thus issued by the
secretary of state he shall be entitled to receive and shall be paid fees according
to the amount of capital stock of each such corporation, as follows:
$100,000 or less....
More than $100,000 and not exceeding $300,000...
More than $300,000 and not exceeding $500,000.
More than $500,000 and less than $1,000,000.
$1,000,000 or more........
$15 00
20 00
25 00
30 00
50 00
Which fees and the several sums of two dollars above named are to be paid
by him to treasurer of state to credit of general revenue fund. Provided that
such foreign corporations as comply with the provisions of section 148c of the
Revised Statutes, as amended May 16, 1894, shall not be subject to process of
attachment under section 5521, Revised Statutes, or any law of Ohio, upon the
ground, that it is a foreign corporation or non-resident of this state. If any
person solicits, or transacts, within this state, any business for any such foreign
corporation, until it shall have complied with all the provisions of this section,
he shall be deemed guilty of a misdemeanor, and on conviction, shall be fined
not less than ten dollars nor more than five hundred dollars, or be imprisoned
not less than ten days nor more than six months, or both. It shall be the
duty of the prosecuting attorney, upon direction of the attorney general, to
prosecute any person charged with a violation of the provisions of this section.
[93 v. 227; 91 v. 355.]
Corporations complying with this section exempt from attachment on ground of being
foreign corporations, see ?5521.
Above act held constitutional and valid: Ætna Iron & Steel Co. v. Taylor, 3 N. P. 152; 4 O. D. 180; aff'd,
13 C. C. 602; 5 O. D. 242.
This act does not apply to foreign corporations selling goods in this state by traveling agents, which were
manufactured outside of this state: Toledo Com. Co. v. The Glen Man'f'g Co., 55 O. S. 217.
This law, as it applies to sales made by commercial travelers and through correspondence, is void, vio-
lating the interstate commerce clause of the U. S. constitution: Haldy v. The Tomoor-Haldy Co., 3 N. P. 43 ;
4 O. D. 118.
SEC. 149. [Certain seals and presses shall be furnished by secretary
of state.] The great seal of the state, and the seals of the supreme court, the
circuit courts, and the common pleas courts, and the seals of all state officers
required by law to use a seal, shall, with presses therefor, be procured and fur-
nished by the secretary of state, as the same may, from time to time, be neces-
sary; and the expenses thereof shall be paid out of the appropriations for
stationery. [1885, February 7: 82 v. 16, 17; Rev. Stat. 1880; 65 v. 175, § 3;
50 v. 188, §§ 1, 2; 50 v. 67, § 14; 29 v. 500, § 42; (S. & C. 381; S. & C. 1385;
S. & C. 1392; S. & S. 730).]
SEC. 150. [Secretary of state shall publish table of times of holding
courts, etc.] The secretary of state shall, annually, and as soon as he receives
the information, prepare, print, and distribute a table, showing the times fixed
by the judges for holding the terms of the circuit courts and the common pleas
courts; which table shall be published in his annual report, corrected to corre-
spond with any changes made therein by the judges or the general assembly,
and it shall also, corrected as aforesaid, be published with the volume of the
statutes at the close of each session of the general assembly; and whenever
changes are made therein, he shall prepare, print, and distribute a new edition
of such table. [1885, February 7: 82 v. 16, 17; Rev. Stat. 1880; 53 v. 45, § 9;
(S. & C. 1161).]
107
Tit. III, Ch. 3.
AUDITOR OF STATE.
§ 151.
CHAPTER 3.
AUDITOR OF STATE.
SECTION
151.
Bond.
152. Shall attach his seal to official copies.
153. Shall be chief accounting officer of the state.
154. Shall examine all claims, draw warrants, and
take receipts.
169.
170.
155. How warrants to be printed; stubs to be pre-
served.
171.
SECTION
167. Auditor of state may remit illegal taxes or penalties,
and correct duplicates.
168. Shall enforce collection of claims due the state.
Appointment of chief clerk.
Bond of chief clerk.
Chief clerk to act for auditor in his absence or
inability.
156. Several warrants may be drawn for large claim.
157. How moneys to be paid into state treasury.
158. Records, etc., to be systematically kept, and
open to inspection.
172.
Fiscal year to close November 15, and auditor to
report balances as of February 15.
173.
Annual report to county auditors as to cattle,
etc.
159. May draw on county treasurers in advance:
when.
174.
Weekly statement of balances.
175.
160. May draw when sinking fund insufficient.
160a. When state common school fund deficient, auditor of
state to draw on county treasurers for amounts
sufficient to meet such deficiency.
176.
Quarterly settlement with state treasurer.
Disposal of balances of appropriations.
177.
178.
Shall furnish certain information to the secre-
tary of the state board of agriculture.
Shall prepare and record deeds.
161. May draw at certain times for proportion of
179.
Record of titles to lands belonging to the state,
state taxes.
162. Annual report: what to contain.
180.
163. Shall procure and furnish county auditors de-
scriptions of lands becoming liable to tax.
181.
164. Custody of public land records; copies thereof.
165. Fees to be paid therefor.
166. Shall furnish forms and instructions to county
auditors.
etc.
Shall file claims with the attorney-general for
collection, etc.
Semi-annual settlements with counties, and
payment by and to counties; entries thereof
on books of auditor and treasurer of state.
181a. Auditor of state to correct illegal warrants issued.
Shall be one of the state board of appraisers for excise taxes, ??(2780—4), (—9), (—14),
(-19).
For "an act to authorize the final adjustment of claims of the state of Ohio against the
general government" (77 v. 310),
For acts authorizing the auditor of state, attorney general, and adjutant-general to audit
certain claims, see 78 v. 197; 81 v. 147; 82 v. 71.
For "
an act to authorize the governor, auditor of state, and attorney-general to sell cer-
tain land connected with the institution for the blind, and to purchase certain other land
for the same institution," see 79 v. 89.
See as to appointment of an agent to prosecute claims against the general government
(80 v. 122).
"
>>
For an act to authorize the sale by governor, auditor of state, attorney-general, rail-
road commissioner, and state librarian of property deeded to state by Albert Bliss et al.,'
see 81 v. 175.
See also "
Auditor of state, sale of Walhonding canal lands, see? (218-303).
an act authorizing the sale of certain land," 81 v. 175.
For "an act to authorize the governor, auditor of state, attorney-general, secretary of
state, and the state librarian to plat and sell certain lands situate in Columbus," see 82 v. 62.
As to the erection of a Gettysburg monument to Ohio soldiers, see 83 v. 89; 88 v. 258;
89 v. 392.
For "
an act authorizing governor, auditor of state, and attorney-general to contract
with Samuel Kendrick to correct, etc., the records of the Virginia military lands" (84 v. 88),
see ?(3107-120).
For "
an act defining the duties of the auditor of state in the abandonment and sale
of the Wabash and Erie canal and Six-Mile reservoir in Paulding county" (85 v. 297), sef
¿ (218-247) et seq.
For "
an act relating to the duty of auditor of state in reference to unpatented lands in
the Virginia military district" (86 v. 92), see § (4105—50).
Written consent of auditor of state and governor necessary for state officers and boards
to employ counsel, see ? 202.
SEC. 151. [Shall give bond.] The auditor of state, previous to entering
upon the discharge of the duties of his office, shall give bond, with two or
more sureties to the acceptance of the governor, in the sum of twenty thou-
sand dollars, payable to the state, conditioned for the faithful performance of
all his official duties, and shall deposit the bond, with the approval of the gov-
ernor and his official oath indorsed thereon, with the secretary of state. [29 v.
500, § 1; S. & C. 110.]
108
§§ 152-155.
AUDITOR OF STATE.
Tit. III, Ch. 3.
SEC. 152. [Shall keep the seal of his office, and affix the same to
copies.] He shall keep the seal designated by law for his office, and all official
copies of the records and documents therein shall be certified and signed by
him, and have the official seal affixed. [29 v. 500, $3; S. & C. 110.]
SEC. 153. [Shall be chief accounting officer; no money shall be
drawn from the treasury but on his warrant; his books shall show balance
of each fund and appropriation.] He shall be the chief accounting officer of
the state, and shall keep in his office full and accurate accounts of all moneys,
bonds, stocks, securities, and other property and effects, paid into or deposited
in the state treasury; and of all moneys, bonds, stocks, securities, property,
and effects paid out of, or drawn or transferred from, the state treasury, and
manage and direct all negotiations and correspondence concerning the same,
for the best interests of the state; he shall also keep an accurate account of all
appropriations made by law, and of all warrants drawn on and moneys paid
out of the same; and no money shall be drawn out of the treasury except on
his warrant, and he shall keep an exact account of the number, date, and
amount of each warrant, in whose favor the same was drawn, on what fund,
and on what account, and his books shall be so kept as at all times to show
the exact amount of money which should be in the state treasury, the amount
thereof belonging to each particular fund, the balance undrawn of each appro-
priation, and the amount of all bonds, stocks, securities, and other effects which
should be in the treasury. [55 v. 92, § 1; S. & C. 1596.]
SEC. 154. [Shall draw warrants for legal claims if there be money
in the treasury appropriated to pay the same, and take receipt on claim,
and file same.] He shall examine all claims presented for payment out of the
state treasury, and if he find any such claim legally due, and that there is
money in the treasury duly appropriated to pay the same, he shall issue to
the party entitled to receive the money thereon a warrant on the state treasurer
for the amount so found due, and take such party's receipt on the face of such
claim for the warrant so issued, and file and preserve the claim, thus receipted,
in his office; and he shall not draw any warrant on the treasurer for any claim
unless he finds the same legal, and that there is money in the treasury which
has been duly appropriated to pay the same; and when any claim is presented
for work and labor performed, or materials furnished, and no specific provision
has been made by law or contract, fixing the value thereof, the auditor, before
drawing a warrant therefor, shall require the production of satisfactory vouchers
in support thereof, and have the same verified by affidavit, showing that the
claim is justly due, what payments, if any, have been made thereon, and that
there are no set-offs thereto, and that the sum claimed is not more than the
actual value of the labor performed or materials furnished. [55 v. 92, §§ 3, 4, 5;
4,5;
55 v. 44, § 6; 73 v. 79, § 1; 58 v. 36, § 1; S. & C. 1597; S. & C. 1607; S. & S.
920; (S. & C. 110).]
46
For an act to prevent the making of deficiencies in the public institutions and depart-
ments of the state of Ohio" (86 v. 76), see ? (17-1) et seq.
When an appropriation is made for the purchase of furniture specifically described, and the agent of the
state purchases other articles not within the description, the auditor of state may refuse to draw on the
state treasury for the amount, unless the articles not authorized to be purchased are stricken from the claim:
Boyer v. Morgan, 5 O. S. 583.
SEC. 155. [Warrants to be printed and bound, with margins; margins
to be preserved.] Warrants on the state treasurer shall be printed in blank,
and bound in books, with margins or stubs, in which latter shall be entered the
date, amount, and number of the warrant cut therefrom, as filled up and issued,
with the name of the party to whom the warrant is issued, and a designation
of the fund upon which such warrant is drawn; and such margins or stubs,
thus filled up, shall be carefully preserved by the auditor in his office. [29 v.
500, § 5; S. & C. 111; (S. & C. 1596).]
109
Tit. III, Ch. 3.
AUDITOR OF STATE.
§§ 156–160.
SEC. 156. [Claim over one hundred dollars to be divided on request.]
When the amount found by the auditor to be due to any person from the state
exceeds one hundred dollars, the auditor shall, if requested by such person,
divide the same into such amounts as the party requires, not in any case less
than fifty dollars, and draw warrants for the several amounts into which the
claim is so divided. [29 v. 500, § 6; S. & C. 111.]
SEC. 157. [How payments made into state treasury.] Every person
intending to pay money into the state treasury, shall give to the auditor a
statement showing the liability or indebtedness on account of which such pay-
ment is to be made, and shall exhibit to him all accounts, vouchers, and docu-
ments necessary to enable him to ascertain the true amount to be paid, unless
the auditor has in his office the means of determining the same; and the audi-
tor, after a careful examination, shall certify to the treasurer of state the
amount to be paid into the treasury, and the fund to which the same shall be
credited; and the auditor shall thereupon draw in favor of the treasurer, upon
the person making payment; and no payment into the state treasury shall dis-
charge the liability to the state, unless it be made on the certificate and draft
of the auditor, as aforesaid; which certificate, together with the draft of the
auditor in favor of the treasurer, shall be delivered to the treasurer of state by
the party paying, at the time of making payment, and the treasurer shall num-
ber, file, and carefully preserve the certificate and draft; and on receiving such
payment, the treasurer shall give the party paying duplicate receipts for the
money so paid, specifying therein the liability on account of which payment
was made, according to the certificate; one of which receipts shall be, by the
party paying, delivered to the auditor; and the liability of the party paying
shall not cease until the delivery of the receipt, as aforesaid, to the auditor of
state. [55 v. 44, § 5; 55 v. 92, §§ 2, 5; 73 v. 79, § 1; S. & C. 1597; S. & C. 1607.]
SEC. 158. [How records, documents, etc., shall be kept; same subject
to inspection.] He shall keep all the records, books, accounts, documents, and
other papers and vouchers pertaining to his office, in complete order, well
marked, labeled, numbered, and carefully filed in his office; and the same shall
be at all times subject to the inspection of the governor, or any committee of
the general assembly, or of either branch thereof, appointed to examine the
same. [29 v. 500, §§ 8, 9, 10, 12; S. & C. 111.]
SEC. 159. [Deficiency in general revenue shall be supplied by drafts
on county treasurers.] When he ascertains that the moneys in the state
treasury, belonging to the general revenue fund, will probably be insufficient
to pay the appropriations made payable out of that fund, he shall draw for the
amount of the probable deficiency, in favor of the state treasurer, on such
county treasurers and in such amounts as he deems proper, and deliver the
drafts to the treasurer of state, and take his receipt therefor, and charge the
treasurer therewith; and the treasurer of state shall immediately proceed to
collect such drafts, and the county treasurers shall pay the same if they have
in their hands sufficient sums collected for general revenue purposes to pay
them; and such drafts, if paid, shall be evidence of the payment of the sums
therein specified into the state treasury, and shall, on delivery thereof to the
auditor of state, be credited to the county treasurers, respectively, in their
semi-annual settlements. [56 v. 101, § 14; S. & C. 1478.]
See ? 160a as to deficiency in state common school fund.
SEC. 160. [Deficiency in sinking fund supplied by drafts on counties.]
If, when the principal or interest of the funded debt of the state is about to
become due, the money in the state treasury to the credit of the sinking fund
be insufficient for the payment of the same, the commissioners of the sinking
fund shall file with the auditor of state a written notice of the amount of such
deficiency, and thereupon the same proceedings shall be had in all respects by
110
SS 160a-163.
AUDITOR OF STATE.
Tit. III, Ch. 3.
the auditor of state and treasurer of state as are prescribed in the next preced-
ing section, except that such drafts shall be drawn upon and charged on sinking
fund account, and the money collected and used for sinking fund purposes.
[56 v. 101, § 13; S. & C. 1478.]
SEC. 160a. [When state common school fund deficient, auditor of
state to draw on county treasurers for amounts sufficient to meet such
deficiency.] When he ascertains that the money in the state treasury belong-
ing to the state common school fund will probably be insufficient to pay the
appropriations made payable out of that fund, he shall draw for the amount
of the probable deficiency in favor of the treasurer of state on such county
treasurers and in such amounts as he deems proper to meet such deficiency,
and deliver the drafts to the treasurer of state, and take his receipt therefor,
and charge the treasurer therewith; and the treasurer of state shall immediately
proceed to collect such drafts, and the county treasurers shall pay the same if
they have in their hands sufficient sums collected for state common school
purposes to pay them; and such drafts if paid shall be evidence of the payment.
of the sums therein specified into the state treasury, and shall, on delivery
thereof to the auditor of state, be credited to the county treasurers, respect-
ively, in their semi-annual settlement: provided, that the auditor of state shall
not issue a draft upon a county treasurer for a sum in excess of what will be
due such county as its proportion of state common school fund, in accordance
with section three thousand nine hundred and fifty-six of the revised statutes of
Ohio. [1881, January 25: 78 v. 17.]
SEC. 161. [He may, in June and December, draw on county treasurers
for two-thirds of state funds.] The auditor of state may, without reference
to the money in the treasury, between the fifteenth and thirtieth days of
December and June, annually, draw his warrants in favor of the state treasurer
on the several county treasurers for sums not exceeding two-thirds of the cur-
rent collection of taxes for state purposes in the respective counties; and the
payment of said drafts by the county treasurers shall be considered as advance
payment of the taxes due the state, and be accounted for at the semi-annual
settlements with the auditor of state. [71 v. 75, §1.]
SEC. 162. [Annual report to governor; what it shall contain.] He
shall, annually, as early as the fifteenth day of December, make and deliver to
the governor a report of the receipts and disbursements of the state treasury
for the year ending on the fifteenth day of the previous November, also of the
balances of the several funds then in the treasury, the amount of warrants
drawn on each fund, and which remained outstanding, the unexpended
balances of all appropriations, a careful estimate of all ordinary receipts and
disbursements for the year ending November fifteenth, next following, and a
detailed statement of the public funded and unfunded indebtedness of each
county, township, city, village, and school district, with the rate of interest
payable thereon, the date of maturity, and purpose for which the same was
created, and all such other matters as are required by law, or he may deem
valuable, as financial information, together with such remarks and suggestions
relative to state finances as he deems proper for the consideration of the general
assembly. [51 v. 428, §§ 3, 4; 29 v. 500, §11; 70 v. 251, § 1; S. & C. 111; S. & C. 114.]
SEC. 163. [Shall procure copies of surveys, etc., of lands becoming
subject to taxation, and transmit to county auditors lists of the same.]
He shall, from time to time, procure from the proper officers all such copies of
surveys, evidence of entry, purchase, or grant, as will enable him to ascertain
what lands become subject to taxation, the quantity thereof, and the names of
the original proprietors; and he shall, annually, in the month of March,
transmit lists of such lands to the several county auditors in whose counties
the lands are situate. [29 v. 500, §§ 13, 17; 40 v. 72, § 14; S. & C. 111, 112, 114.]
111
Tit. III, Ch. 3.
AUDITOR OF STATE.
§§ 164-168.
SEC. 164. [Custody of public land records; copies thereof.] He shall
be the custodian of all field notes, maps, records, documents, papers and imple-
ments of every description relating to, or used in the survey of the public lands
within the state which were delivered to the executive of this state by the sur-
veyor of the United States, at Detroit, by order of the government of the United
States; and also of all records of field notes and other records of papers which
have been added to the first named collection; and all records of deeds an!
other records or papers relating to the public lands originally deposited witi.
the governor or secretary of state; and also of the records, maps, plats, papers,
documents, and implements relating to the public lands in the Virginia mili-
tary district in this state, from the United States land office at Chillicothe; said
records and files shall not be subject to inspection, but the auditor shall, on
demand and the tender of the proper fees, furnish copies of any of them, certi-
fied under his official seal. [1885, May 1: 82 v. 215; Rev. Stat. 1880; 29 v. 500,
§ 14; 74 v. 217, §§ 1, 27; (S. & C. 111).j
SEC. 165. [Fees for copies.] The person, county, township, or municipal
corporation, applying for a copy of any of these records or files, shall pay there-
for the following fees: For an authenticated map of a township, two dollars
and fifty cents; for a copy of the field notes of all the corners within a town-
ship, one dollar and fifty cents; for a copy of township map and field notes of
all the corners therein in any county, with maps, and bound and lettered, four
dollars per township; for a copy of the complete field notes of all the surveys
of a part of a township, not less than one-fourth thereof, or of one or more
entire townships, at the rate of fifteen cents per hundred words; for a copy of
the plat of a section, or survey, or part thereof, with field notes of corners,
twenty-five cents; for like copy of each additional section or survey, or part
thereof, fifteen cents; for any other copy, fifteen cents per hundred words, and
for certificate and seal, fifty cents. [29 v. 500, §§ 15, 16; 74 v. 217, § 6; S. & C. 112.]
SEC. 166. [Shall prepare forms and instructions for county auditors,
who shall observe the same.] He shall, from time to time, prepare and
transmit to the auditors of the several counties in the state such forms of
returns to be made by them to his office, and such instructions upon any sub-
ject affecting the state finances, or the construction of any statute, the execu-
tion of which devolves in part upon county auditors and which affects the
interests of the state, as he deems conducive to the best interests of the state;
and county auditors and all local officers acting under such laws, shall observe
and use such forms and obey such instructions. [29 v. 500, § 19; 56 v. 175,
§ 55; 56 v. 128, § 41; S. & C. 112; S. & C. 106; S. & C. 1459.]
Under this he may require a county auditor to correct a clerical error: State ex rel. v. Raine, 49 O. S.
417, 457.
SEC. 167. [Auditor of state may remit illegal taxes or penalties and
correct duplicates.] He may remit such taxes and penalties thereon as he
ascertains to have been illegally assessed, and such penalties as have accrued or
may accrue in consequence of the negligence or error of any officer required to
do any duty relating to the assessment of property for taxation, or the levy
or collection of taxes, and he may, from time to time, correct any error in any
assessment of property for taxation or in the duplicate of taxes in any county;
provided, that when the amount to be remitted in any one case shall exceed
one hundred dollars he shall proceed to the office of the governor and take to
his assistance the governor and attorney-general, and in all such cases may
remit no more than shall be agreed upon by a majority of the officers nameď.
[1880, April 13: 77 v. 193; (S. & C. 112); Rev. Stat. 1880; 29 v. 500, § 20.]
This section extended to apply to errors or overvaluations by state board of appraisers.
See ? 2778a.
This remedy applies to taxing under laws applying to certain classes of corporations: State ex rel. v.
Jones, 51 0. S. 492. 515.
SEC. 168. [Shall direct suit against delinquent revenue officers, and
look after and see to the collection of other claims in favor of the state.]
If any county treasurer or other officer concerned in the collection of the pub-
lic revenue, or authorized to collect and pay into the state treasury money due
112
Title III, Ch. 3.
>
AUDITOR OF STATE.
§§ 169-174.
or accruing to the state, fails to pay over all moneys by him received and
belonging to the state, at the time and in the manner required by law, the
auditor of state shall immediately inform the attorney-general thereof, who
shall forthwith institute and prosecute the proper suit against such officer and
his sureties; but if the auditor be satisfied that such default is the result of
unavoidable accident, he may delay instructions for bringing such suit for any
time he deems reasonable, not exceeding sixty days; and if the officer in default
be the attorney-general, the auditor shall notify the governor thereof, who shall
cause such measures to be adopted, by suit or otherwise, as he deems advisable;
and the auditor of state shall make diligent inquiry after all claims of every
description in favor of the state, and require prompt payment thereof, and,
when necessary, place them in the hands of the attorney-general for collection.
[29 v. 500, § 26; 55 v. 44, § 4; 73 v. 79, § 1; S. & C. 1Ï3; S. & C. 1607.]
See State v. Staley, 38 O. S. 259, under § 181.
SEC. 169. [May appoint a chief clerk.] The Auditor may appoint a
chief clerk, whose appointment shall be made in writing, under the official
seal of the auditor, and be entered of record in the office of the secretary of
State. [29 v. 500, § 22; S. & C. 112.]
SEC. 170. [Chief clerk shall give bond.] The chief clerk thus appointed,
previous to entering on the duties of his office, shall give bond to the auditor,
in the sum of ten thousand dollars, with two or more sureties to the acceptance
of the auditor, conditioned for the faithful discharge of all the duties of his
position. [29 v. 500, § 23; S. & C. 112.].
SEC. 171. [Chief clerk shall discharge duties of auditor in certain
case.] In case of absence or inability of the auditor, the chief clerk, appointed
in the manner aforesaid, shall perform the several duties required of the auditor.
[29 v. 500, § 24; S. & C. 112.]
SEC. 172. [Fiscal year shall close November 15th; auditor shall
report balances as of February 15th.] The fiscal year, in all the departments
of the state, the benevolent, correctional, and other institutions of the state, the
public works, and public buildings, shall close on the 15th day of November,
annually; and all annual reports from such departments and institutions shall
be made with reference to that date; and the auditor of state shall, on the 15th
day of February, annually, ascertain from the books in his office, all balances
of appropriations made for the departments and institutions, and all balances
of all other funds remaining in the state treasury on that day, and imme-
diately thereafter report them to the general assembly, if in session. [65 v. 114,
§1; S. & S. 30.]
SEC. 173. [Shall furnish to county auditors statement of horses, etc.,
which may be published, but not paid for.] He shall, annually, on or before
the first day of August, transmit to the auditor of each county a statement of
the aggregate number of horses, neat cattle, sheep, hogs, mules, and asses, in
the several counties of the state, according to the last preceding returns made
to him in that behalf; which statement the several county auditors shall fur-
nish for publication in their counties, on application of any person publishing
a newspaper therein; but in no case shall any county pay for such publication.
[74 v. 68, § 1.]
SEC. 174. [Weekly statement and comparison with the treasurer, and
system of mutual checks.] He shall weekly make up a statement of the bal-
ances of the several funds and accounts in his office, as the same exist at the
close of business on Saturday; and he and the treasurer of state shall forth-
with compare said statement with the weekly statement of the treasurer, and
correct any error that may be found in either; and the auditor and treasurer
shall, with the aid of such competent accountant or accountants, as they may
call to their aid, devise and adopt, and, from time to time improve, a system
113
Tit. III, Ch. 3.
AUDITOR OF STATE.
$ 175-180.
of accounts in their respective offices, with proper checks upon each, which
shall embrace the foregoing weekly comparison of receipts and disbursements,
and the joint monthly report of balances in the treasury to the credit of each
fund. [54 v. 181, § 3; 73 v. 79, § 3; S. & C. 1596.]
SEC. 175. [Quarterly settlements with treasurer, and joint report to
governor.] He shall, on the first Monday of February, May, August, and
November, of each year, settle with the treasurer of state, and ascertain the pre-
cise condition of the state treasury according to the books in their respective
offices, and also ascertain, by actual inspection, the exact amount of money in
the treasury, together with all other property, bonds, securities, claims, and
assets, which should be in the treasury; and the auditor and treasurer shall
make and sign a detailed statement of such settlement, record the same in their
respective offices, and immediately furnish the governor with a copy thereof.
[55 v. 44, § 7; S. & C. 1607.]
SEC. 176. [Disposal of balances of appropriations not required.] In
every case where an appropriation of money of the state has been made, or
shall be made, to pay for services, materials, property of any kind, damages, or
claims against the state, of whatsoever nature, the value or amount of which
was not ascertained or liquidated at the time of making such appropriations,
and any balance thereof remains after making the payments legally chargeable
thereon, the auditor of state shall, before the expiration of the fiscal year in
which the last of such payments is made, transfer such balance to the fund out
of which the appropriation was made, charging such fund and crediting the
account of such appropriation with such balance. [54 v. 106, § 1; S. & C. 80.]
SEC. 177. [The auditor shall furnish certain information to the secre-
tary of the state board of agriculture.] The auditor, upon receiving from
the county auditors reports required of them as to the number of sheep killed
or injured by dogs, and the loss sustained by reason thereof, and the amount
paid thereon by the county, and the balance of the fund for that purpose
remaining, shall prepare and furnish to the secretary of the state board of agri-
culture, to be by him published in the annual report of the board, a statement
embodying the information so received, and presenting the same in such form
as to show the facts as to each county for which a report is received. [74 v. 177,
§ 12.]
SEC. 178. [Auditor shall prepare and record deeds executed by the
governor.] The auditor of state shall prepare all deeds to be executed by the
governor, and when they are executed and countersigned by the secretary of
state, he shall, before their delivery, record them in his office. [74 v. 217, § 3.]
SEC. 179. [Record of titles to lands belonging to the state, etc.] The
evidence of title of all lands other than public lands, belonging to, or that may
hereafter be acquired by, the state, shall be recorded in the office of the recorder
of the respective counties in which such lands are situate; and when so
recorded, the same shall be forth with deposited with the auditor of state, to be
by him safely kept in his office; the auditor of state is also authorized and
required to make and keep in his office a brief abstract of the title of all lands
acquired by the state, to be kept by him in a suitable book prepared for that
purpose, which shall be open for inspection to all persons interested, at all
reasonable business hours. [74 v. 56, § 1.]
SEC. 180. [Shall file claims with attorney-general, who shall bring
suit without delay; may adjust same without suit; may extend time for
payment.] The auditor of state shall keep an accurate account of all claims
reported to him by any other officer or agent of the state, and shall give imme-
diate notice, by mail or otherwise, to the party indebted, of the nature and
amount of such indebtedness, and if payment thereof be not made in reason-
able time, not exceeding sixty days after such notification, the auditor shall
9
114
SS 181-181a.
AUDITOR OF STATE.
Tit. III, Ch. 3.
file such claim with the attorney-general, who shall, without further delay,
institute proceedings for the collection of such claims, and prosecute the same
to final judgment and execution; and all claims shall bear interest at the rate
of six per cent. per annum from the day on which they respectively fell due,
until payment be made; and when a set-off or abatement be set up by the party
against whom the claim exists, the attorney-general and auditor may adjust
the same without the issuing of legal process, in such manner as they deem
equitable and right; and the auditor and attorney-general have power to extend
the time of the payment of any claim or judgment due the state for such
period as may, in their opinion, subserve the best interests of the state, not to
exceed one year, and to take such security for the payment of any such claim
so due as may be necessary to secure it. [75 v. 157, § 3.]
SEC. 181. [Semi-annual settlements with counties; manner of pay-
ment by and to counties; how these settlements shall appear on the books
of the auditor and treasurer of state.] The auditor of state, immediately
on the receipt of the certificates and abstracts of each semi-annual settlement
between the auditor and treasurer of each county, forwarded to him by the
county auditor, shall proceed to examine the same, and ascertain the exact
sum or sums payable by each county treasurer into the state treasury, and shall
certify the same to the state treasurer, specifying in the certificate or certificates
the amount belonging to each fund and the total amount to be paid into the
state treasury: he shall also ascertain and certify to the state treasurer the
amount of such county's proportion of the state common school fund, and of
school, ministerial, and other trust funds, if any, due and payable to such
county; and at the same time he shall issue his draft or drafts upon the county
treasurer in favor of the state treasurer, for the sum or sums so found due and
payable, after deducting the amount of the several sums found due the county
on account of school, trust, or other funds; but if in such examination the
balance be found in favor of the county, the auditor of state shall draw a draft
for the amount of such balance upon the state treasurer and in favor of the
The auditor
county treasurer, and forward the same to the county treasurer:
of state and treasurer of state shall show upon the books in their respective
offices the gross amount of taxes, and other collections received from each
county, and the gross amount of payments made to each county in each semi-
annual settlement. [56 v. 101, §11; S. & C. 1478.]
See ?1438 et seq. as to "ministerial fund."
Proceedings by mandamus, on the relation of the treasurer of state, will lie to compel the treasurer of a
county to transfer to the state treasury the state's proportion of taxes collected by such county treasurer:
State v. Staley, 38 O. S. 259.
SEC. 181a. [Auditor of state to correct illegal warrants issued.]
That all money paid into the state treasury, the disposition of which is not
otherwise provided for by law, shall be credited by the auditor of state to the
general revenue fund; and when it is discovered that a warrant for the pay-
ment of money from the state treasury has been illegally or improperly issued
by the auditor of state, or that the amount of a warrant issued by him for the
payment of money from the state treasury exceeds the sum which should have
been named therein, and payment of such warrant or excess has been made
by the treasurer of state, the auditor shall cause the amount of such warrant
or excess to be collected and returned to the state treasury without delay, and
unless the account of the appropriation from which the same was paid has
been closed, in accordance with section one hundred and seventy-six of said
act, or in pursuance of the constitution, shall credit the same to such appro-
priation; but if such account has been so closed, the auditor shall credit the
amount so returned to the treasury to the general revenue fund. [1880, April
15: 77 v. 240.]
Cited in Ashley v. Ryan, 49 O. S. 504, 526.
115
Tit. III, Ch. 3a. OFFICERS HANDLING PUBLIC REVENUE. §(181-1).
SECTION
CHAPTER 3a.
OFFICERS HANDLING PUBLIC REVENUE.
181-1. Account of receipts and disbursements of
public money.
181-2. Abstract reported annually to auditor of
state.
181-3. Auditor of state to give receipt for the re-
port.
SECTION
181-4. Embezzlement, etc., to be reported to gov-
ernor and auditor; arrest; vacancy in
office; how filled.
181-5.
181-6.
181-7.
Semi-annual inspection of books; inspec-
tor; his duties; his certificate.
Punishment for hindering examination.
State reveuue; by whom, when and where
to be paid.
(181-1) [Account of receipts and disbursements of public money.]
Each and every officer or agent of this State, who may be charged or intrusted
with the receipts or disbursements of any part of the public money of this
State, shall make an accurate and detailed account of all such money by him
received or paid out, in which the date and amount of his several receipts or
disbursements, the person or persons from whom received, or to whom paid,
and upon what account, shall be accurately stated. [51 v. 428, § 1; S. & C.
114; Curwen 2209.]
(181-2) [Abstract of the account reported annually to the Auditor
of State.] On or before the fifteenth day of November, in each year, every
such officer or agent shall make an abstract of the detailed account required by
the first section of this act, which, with proper vouchers corresponding in date,
amount, person to whom paid, and on what account, with the several receipts
and disbursements entered in said account, and report said abstract and
vouchers to the auditor of state. [51 v. 428, §2.1
(181-3) [Auditor of state to give receipt for the report.] Whenever
any such officer or agent as aforesaid, shall have reported in compliance with
the second section of this act, the auditor of state shall receipt to such officer
or agent for such abstract of account and corresponding vouchers, with the
statement therein of the aggregate amount appearing to have been received or
disbursed, which receipt the disbursing officer or agent shall file and preserve.
[51 v. 428, §5.1
Rest of act containing above three sections is repealed, 27437, par. 28.
or any
(181-4) [Embezzlement, breach of trust, or fraud in other offices to
be immediately reported to governor and auditor of state; such officer to
be arrested, etc.; vacancy in office: how filled, etc.] That if at the time of
any inspection and examination of the office, receipts, books, vouchers and
business of any toll collector, receiver of sales of public lands, register of any
state land office, or any other officer or agent of the state, or person having an
office, as provided by this act, or at any other time, the inspector of such office,
other person or persons, shall discover any evidence of embezzlement
or breach of trust, as described in this act, or fraud in the business transac-
tions or records, books or vouchers of any such office, such inspector or other
person shall immediately report the same to the governor and to the auditor
of state; and it shall be the duty of the governor, or in his absence from the
seat of government, it shall be the duty of the auditor of state, if he is satis-
fied of the truth of the report so made, to forthwith order the arrest of such
collector, or receiver, or register, or officer, or agent, or person whose official
functions and powers shall thereupon cease and determine, and such office or
agency shall thereby become absolutely vacant; and such collector, or receiver,
116
§ (181-5). OFFICERS HANDLING PUBLIC REVENUE. Tit. III, Ch. 3a.
or register, or officer, or agent, or person, shall be held in bonds with good
security in an amount at least double his official bonds; or if he has given no
official bonds, then in bonds in such an amount, and with such good security
as shall be to the satisfaction of the court before which proceedings are had, to
abide his trial on the charges made against him; or on failure to furnish such
bond and security he shall be kept in safe confinement until such trial be
had. And the governor, immediately on such arrest, shall proceed to appoint
some competent and trustworthy person to fill such office so become vacant, who,
on being qualified by having given bonds and taken the proper oath of office,
according to the requirements of law, shall be vested with all the functions
and powers, and be subject to all the duties and liabilities of such collector,
or receiver, or register, or officer, or agent, or person aforesaid. [55 v. 92, § 12;
S. & C. 1596.]
(181-5) [Semi-annual inspection of books, accounts, etc., of officers
of state; appointment of inspector; his duties; his certificate to auditor
of state.] A thorough and critical inspection and examination shall be made
as often as once in every six consecutive months, or oftener if the auditor of state
and comptroller of the treasury shall judge necessary, of all the receipts and
business, books and vouchers, of each collector of tolls, and each receiver and
each register of the state land offices, and every other state officer or agent
having an office in which the business of the state is attended to, done or per-
formed, or required to be attended to, done or performed. And for this pur-
pose the auditor of state, with the concurrence in writing of the comptroller
of the treasury, is hereby authorized and required, as often as once in every
six consecutive months in each year, to appoint some well qualified and trust-
worthy accountant or accountants, who shall, under instructions to be fur-
nished him or them in writing by the auditor of state, proceed, without hav-
ing given any previous knowledge, notice or intimation of such intended.
inspection and examination, to the office of such collector, or receiver, or
register, or officer, or agent, and enter said office and make a thorough and
complete inspection and examination of the books, papers, records and
vouchers of said office, and ascertain whether the business and duties thereof
have been performed in good faith and with full ability and capacity, by such
collector, receiver, register, officer or agent, and if such is found to be the
case, such inspector or inspectors shall certify the same to the auditor of state
in writing. [55 v. 92 § 16.]
(181-6) [Punishment for hindrance or attempt to hinder of exami-
nation.] That any hindrance to, or attempt to hinder, or any obstruction to,
or attempt to obstruct any inspection and examination of the state treasury or
county treasury, or any office, as provided by this act or by law, and any hin-
drance to, or attempt to hinder any one of the inspectors provided by law, or
any committee appointed by joint resolution of the general assembly, or any
committee appointed by a resolution of either branch of the general assembly,
from entering into any one of the said treasuries or offices which they are
appointed and required to inspect, as aforesaid, shall be deemed and held in
law to be a high misdemeanor. And any state treasurer, or county treasurer,
or officer, or agent, or person so offending, shall be arrested, removed from
office by the act of such arrest, held to bail, confined, tried, sentenced, and
fined, in the same manner, and for the same term of time, and in the same
amount, as he would be subject to by the act to establish the independent
treasury of the state of Ohio, or by any other law, or by this act, for embez-
117
Tit. III, Ch. 4.
STATE TREASURER.
§ (181—7).
zlement or breach of trust, as herein provided and described. [55 v. 92 § 17.]
Rest of act from which foregoing three sections are taken is repealed, see ?7437,
par. 393.
(181-7) [State revenue: by whom, how often, and where to be
paid.] Every receiver on the canals of public works of the state, and every
register or receiver of any school-land office, and every other collector or receiver
of the revenue of the state other than the state and county treasurers, shall, as
often as may be required, pay into the nearest convenient county treasury, or
the state treasury, as the comptroller shall direct, all moneys by him collected
or received since making the last payment. [55 v. 44, § 10; S. & C. 1608.]
CHAPTER 4.
SECTION
182. Bond, and additional bond.
183. What constitutes the state treasury.
184. How money paid into the state treasury.
185. How money paid out of the state treasury.
186. Accounts of receipts and disbursements.
187. Duplicate receipts: one to be deposited with
auditor.
STATE TREASURER.
SECTION
193. Examinations of the treasury by the governor or
general assembly.
194. The report.
195.
Oath and compensation of examiners other
than state officers.
196.
If deficiency reported, governor to suspend
treasurer.
188. When treasurer to pay warrant, and receipt
thereon.
197.
198.
189. Weekly statement, and comparison with audi-
199.
tor.
Prosecution of suspended treasurer, and result.
Duty of treasurer during and at close of term.
Tabular statement of receipts and expenditures
to be published annually.
200.
190. Monthly publication of funds in treasury.
191. Quarterly settlement.
192. Governor may require secretary of state or
attorney-general to attend at settlement; his
report.
Costs and expenses not otherwise provided for
shall be paid out of treasurer's contingent
fund.
200-1. Duty to cancel certain bonds on demand.
To be one of a state board of appraisers for an excise tax, see ?? (2780-4), (2780-9),
(2780---14), (2780-19).
When liquor tax to be paid into state treasury (86 v. 351), see (4364-23).
Annual apportionment and payment by, to treasurer of board of education, under an
act creating public day schools for deaf, etc., children in districts of first and second grade,
first class, see ? (4009—5).
Employment of counsel, see ? 202.
SEC. 182. [Before entering on his duties the treasurer must give bond,
and have it recorded; and may be required to give additional bond.] The
treasurer of state, previous to entering upon the duties of his office, shall give
bond, with twelve or more sureties to the acceptance of the governor, in the
sum of six hundred thousand dollars, payable to the state, and conditioned
for the faithful performance of the duties of his office, as the same are pre-
scribed by law; and the bond, with his oath of office indorsed thereon, shall
be deposited with the secretary of state before the treasurer has the right to
exercise any function of his office; and the general assembly or the governor
may, at any time during the continuance in office of the treasurer, require him
to give such additional bond as they, or either of them, deem necessary to the
complete indemnity of the State; and after ten days from the demand of such
additional bond, if it be not complied with to the satisfaction of the general
assembly, or the governor, as the case may be, then the office of the treasurer
shall be held to be vacant, and the governor shall appoint a treasurer to fill the
vacancy; and the successor so appointed, on giving bond, taking the oath of
office as herein provided, and the bond, with the oath indorsed thereon, being
filed as aforesaid, shall have and possess all the powers and functions, and be
subject to all the duties and liabilities of a duly elected and qualified treasurer
118
§§ 183-189.
STATE TREASURER.
Tit. III, Ch. 4.
of state, and shall in like manner, be subject to removal. [57 v. 29, § 21;
S. & C. 1602.]
SEC. 183. [State treasury: what constitutes, and what shall be kept
therein.] The rooms assigned to the treasurer of state, together with the vaults.
safes, and other means and appliances therein provided by the state for the safe
keeping of the public moneys, shall constitute the treasury of the state, and the
treasurer shall use the treasury so constituted as the sole place for the deposit
and safe keeping of the moneys, bonds, notes, obligations, claims, stocks, secu-
rities, and assets of the state, and of all moneys, bonds, stocks, obligations,
claims, securities, and property required by law to be deposited or kept in the
treasury of the state, until the same be transferred or paid out according to
law. [55 v. 44, §§ 1, 3; S. & C. 1606.]
SEC. 184. [How money paid into the state treasury.] Every payment
of money into the state treasury shall be made on the draft of the auditor of
state, which draft shall specify the amount to be paid, on what account, and
to the credit of what fund. [55 v. 44, § 5; S. & C. 1607.]
SEC. 185. [No money shall be paid out or transferred but on warrant.]
No money shall be paid out of the state treasury, or transferred from the state
treasury to any county treasury or elsewhere, except on the warrant of the
auditor of state; and no money in the treasury belonging to the sinking fund
shall be paid out except on such warrant and the requisition of the sinking
fund commissioners. [55 v. 44, § 6; 55 v. 84, § 6; S. & C. 1607; S. & C. 236.]
SEC. 186. [Accounts of receipts and disbursements by treasurer.
The treasurer of state shall keep an accurate account of the number, date, and
amount of every draft for the payment of money into the treasury, by whom,
and on what account the money was paid, and into what fund the same was
paid; also of the number, date, and amount of every warrant of the auditor of
state drawn on the treasury, presented and paid; to whom paid, on what
account, and from what fund; also of every appropriation made by law, and
the amount paid therefrom; and his books shall at all times show the exact
condition of each fund in the treasury. [55 v. 44, § 6; S. & C. 1607.]
SEC. 187. [Duplicate receipts for payments into the treasury.] The
treasurer of state shall, in all cases, give duplicate receipts (and, when the law
specially requires it, triplicate receipts) to each person or party paying money
into the state treasury; one of which receipts shall be deposited with the audi-
tor of state, by the party paying the money into the treasury; and no payment
into the state treasury shall be valid, or discharge the party paying, or any
party, from liability therefor to the state, until such receipt is deposited with
the auditor of state. [55 v. 92, § 2; S. &. C. 1597.]
SEC. 188. [When warrants shall be paid; receipts shall be taken on
warrant, and warrant filed.] The treasurer of state shall, on presentation,
pay all warrants drawn on him by the auditor of state, when there are funds
in the treasury belonging to the particular fund on which the warrant is drawn,
which have been appropriated by law to pay the same; and, on payment of
each warrant, he shall take, upon the face of the warrant, the receipt of the
party who receives the money thereon; and he shall also write or stamp, on
the face of each warrant paid, the word "Paid," and file the warrant in his
office. [56 v. 166, § 6; S. & C. 1598.]
For "an act to prevent the making of deficiencies in the public institutions and depart-
ments of the state of Ohio" (86 v. 76), see (17-1) et seq.
SEC. 189. [Weekly statement by treasurer, and comparison thereof.]
The treasurer shall make up, weekly, a statement of the balances of the several
funds and accounts in his office, as the same exist at the close of business on
Saturday; and he and the auditor of state shall forthwith compare such state-
119
Tit. III, Ch. 4.
STATE TREASURER.
S$ 190-193.
ment with the weekly statement of the auditor, and correct any error that may
be found in either. [54 v. 181, §3; S. & C. 1596.]
SEC. 190. [Monthly statements to be published by treasurer and
auditor.] The treasurer of state and auditor of state shall, conjointly, make
out, and cause to be published in at least two daily papers of general circula-
tion at the seat of government, a statement of the exact amount of money in
the state treasury at the close of business on the last business day of each
month, particularly specifying in such statement the amount belonging to each
particular fund; and the statement shall be signed by the officers herein
named, and the expense of such publication shall be paid by the auditor of
state out of his contingent fund. [55 v. 92, §13; S. & C. 1600.]
SEC. 191. [Quarterly settlements, and report of same.] The treasurer
shall, on the first Monday of February, May, August, and November of each
year, settle with the auditor of state, and ascertain the precise condition of the
state treasury, the exact amount of money in the treasury, and all other prop-
erty, bonds, securities, claims, and assets which should be in the treasury; and
he shall sign the report of such settlement, and record the same in his office.
[55 v. 44, §7; S. & C. 1607.]
SEC. 192. [The secretary of state or attorney-general may be required
to be present at quarterly settlements; his report.] The governor may, when
he sees proper so to do, require either the secretary of state or the attorney-general
to be present at any of the quarterly settlements; and the secretary of state or
attorney-general, so appointed by the governor to attend such settlement, shall
be present thereat, assist therein, and certify on the report of the auditor and
treasurer to the correctness of the settlement, if in his opinion it is correct, or
certify thereon the errors or omissions, if any, he finds therein. [55 v. 44, §7;
S. & C. 1607.]
SEC. 193. [Governor, or general assembly, or either branch, may
order examination of the treasury.] A thorough examination shall be made
of the state treasury, including the office of the commissioners of the sinking
fund, whenever deemed necessary, by a committee of the general assembly, or of
either branch thereof, authorized by resolution for that purpose, or by a com-
mittee of persons, not members of the general assembly, appointed by reso-
lution of the general assembly; and the governor, whenever the law, or, in his
opinion, the public interest, requires it, shall appoint some competent and
trustworthy accountant of ability and skill, who, in connection with the sec-
retary of state, shall immediately, without previous notice or intimation of
such intended´examination and inspection, make a thorough and complete
examination of all the books, vouchers, accounts, records, bonds, securities,
claims, assets, and effects, which are or should be in the treasury, and shall
count all the moneys in the treasury, and compare the books, vouchers,
accounts, and records in the treasury with those of the auditor of state, which,
on their demand, shall be made accessible to them by these officers; and the
treasurer shall, upon demand, submit to the inspection of such accountant and
the secretary of state, or to the committee of the general assembly, or of either
branch thereof, or of any committee, not members, appointed by the general
assembly, all his books, vouchers, accounts, records, and other papers, together
with all vaults, safes, rooms, and other apartments of his office; and he and
any of his clerks, or the auditor, or any other person, may be sworn and
examined by any of the persons making the examination, either of whom is
authorized to administer oaths for that purpose; and all persons so sworn shall
answer all questions propounded by such examiners, or any of them, touching
the condition of the treasury, and their testimony shall be reduced to writing
and signed by them; and such examiners, whether appointed by the general
assembly, or either branch thereof, or by the governor, are empowered to com-
120
SS 194-197.
STATE TREASURER.
Tit. III, Chap. 4.
pel the attendance of witnesses, and the production of papers or books, and to
punish for contempt in the same manner as courts of record. [55 v. 44, § 11;
55 v. 92, § 19; S. & C. 1602; S. & C. 1608.]
SEC. 194. [Report if treasury found to be correct, and to whom to be
delivered and by whom recorded.] If, on counting the money and making
such examination, there is found the full sum required by the accounts of
the auditor, as well as the accounts, books, and legal vouchers of the treasurer,
together with all other property, bonds, securities, claims, assets, and effects
belonging to the state, and which should be in the custody and possession of
the treasurer, the examiners shall certify the same in writing, over their
official signatures, in triplicate, one of which certificates shall be delivered to
the treasurer, and recorded in the books of his office, one to the auditor, and
recorded in the books of his office, and the other to the governor, and recorded
in the executive office; and such certificate or report shall contain a statement
of the exact amount of money so found and counted, and the amount thereof
belonging to each particular fund, together with a schedule of all other prop-
erty and assets found in the treasury; but if on any such examination there
be found any deficiency of money, or vouchers, bonds, securities, or other
assets or effects whatever, or any irregularity or omission in the business of
the office, or in keeping the accounts, the examiners shall, in their report, in
addition to the facts herein required, state particularly such deficiency, irregu-
larity, or omission. [55 v. 44, § 11; 55 v. 92, § 19; S. & C. 1602; S. & C. 1608.]
SEC. 195. [Compensation of examiners, and oath of examiners not
state officers.] Any person appointed to make such examination, other than
state officers or members of the legislature, shall first take and subscribe an
oath faithfully and impartially to discharge his duties, and shall receive as
compensation five dollars a day for the time employed, together with his
traveling and other expenses, which shall be paid on the certificate of the
governor. [55 v. 44, § 11; 55 v. 92, § 18; S. & C. 1601; S. & C. 1609.]
SEC. 196. [The governor shall, under circumstances named, suspend
the treasurer, and appoint a person to perform his duties.] If at the time.
of any examination of the treasury in pursuance of any of the preceding sec-
tions, or at any other time, there be any deficiency of money, bonds, securities,
or other assets or effects, or if at any time the treasurer of state be guilty of
embezzlement as defined by law, and the fact be reported to the governor, the
governor, on receiving such report, and having satisfactory evidence of its
truth, shall suspend the treasurer from the performance of the duties of his
office, and appoint some suitable person to act as treasurer of state until such
suspended treasurer is restored to his office, or his successor is elected and
qualified; and the person thus appointed by the governor, having given bond,
taken the oath of office, and had the bond, with the oath indorsed thereon,
filed, as the state treasurer elect is required to do by law, shall be vested with
all the powers and functions, and be subject to all the liabilities and obliga-
tions, of the treasurer of state; and the governor shall take and hold posses-
sion of the state treasury until the person appointed by him to act as treasurer
of state is qualified as aforesaid to act; and the treasurer of state thus sus-
pended by the governor shall at once cease to exercise any of the functions of
his office, and deliver to the governor all the keys of his office, vaults, and
safes, and every thing pertaining to his office, and he shall not again exercise
any functions in that behalf until restored to the right to execute his duties in
pursuance of law. [55 v. 92, § 10; S. & C. 1598.]
SEC. 197. [The suspended treasurer not being indicted, or, being
acquitted, shall be restored.] Upon suspending a treasurer as herein pro-
vided, the governor shall immediately cause such suspended treasurer to be
arrested and prosecuted for the crime charged against him; and if, before the
121
Tit. III, Ch. 4.
STATE TREASURER.
§§ 198-200.
close of the next succeeding regular term of the court of common pleas in and
for the proper county, the suspended treasurer is not indicted, or, being
indicted, is acquitted of the crime with which in such indictment he is
charged, at any time before his term of office has expired, he shall immedi-
ately be restored to his office, and all the rights, duties, and obligations per-
taining thereto; and the acting treasurer appointed by the governor as afore-
said, shall immediately settle with the proper officers in the same manner as
is required by law of a treasurer whose term has expired, and surrender the
office, with all the public moneys, property, and effects, to such restored treas-
urer. [55 v. 92, § 10; S. & C. 1598.]
SEC. 198. [Settlement and payment by outgoing treasurer.] The
treasurer of state shall perform all such duties as are required of him by law;
and when his term of office has expired, or he has resigned, been removed or
suspended from office, he shall immediately make and sign a full settlement
with the auditor of state, of and concerning all moneys, property, and effects
belonging to, or received into, or transferred from, or paid out of the treasury;
which settlement shall be so made as clearly to show what amount of money,
bonds, securities, and other assets and effects are in the treasury, and for what
purpose the same were paid into or deposited in the treasury, and if payments
or transfers have been made out of the treasury since the last previous settle-
ment, from what fund, on what account, and to what amount; and showing
also the exact amount of money belonging to each fund, the amount paid out
of each appropriation, the balance remaining, if any, and the amount and
condition of all other property and effects in the treasury, or belonging thereto;
and in case of the death or incapacity of the treasurer, his legal representatives.
shall make and sign such settlement; and the auditor of state shall certify to
the incoming treasurer the several sums of money to be paid over to him,
with a schedule of all other property and effects to be delivered to him by the
outgoing treasurer, or his legal representatives; also the amount of money
belonging to each fund, and the balance undrawn of each appropriation; and
the outgoing treasurer, or his legal representatives, shall forthwith pay over to
his successor, or the person appointed to act as treasurer, the several sums of
money so certified, and also deliver to him all the books, accounts, vouchers,
official papers, and correspondence, together with all other property, bonds,
securities, claims, assets, and effects belonging to the treasury, for which the
incoming treasurer shall give duplicate receipts; and each person appointed to
act as treasurer during the suspension of a treasurer, upon going out of office
shall make such settlement and payment; and in case of the death or inca-
pacity of any treasurer or acting treasurer, his legal representatives shall make
such settlement and payment; and the liability of neither the outgoing treas-
urer, acting treasurer, nor of his sureties, shall be discharged until such settle-
ment and payment be made, and one of the duplicate receipts of the incoming
treasurer, given as aforesaid, be filed with the auditor of state. [55 v. 92, § 22;
S. & C. 1602.]
SEC. 199. [Annual publication by state treasurer of receipts and
expenditures.] On the first Monday of December, annually, the treasurer of
state shall make out and cause to be published over his official signature, once
a week, for three weeks, in two daily newspapers published in Columbus, and
of general circulation, a condensed tabular statement, exhibiting the receipts
and expenditures of the public moneys during the next preceding fiscal year.
[61 v. 64, § 14; S. & S. 920; (S. & C. 1600).]
SEC. 200. [What expenses shall be paid out of the treasurer's contin-
gent fund.] All costs and expenses of the safe keeping and disbursement of
the public moneys, and of the examinations of the treasury, not otherwise pro-
vided for by law, shall be paid out of the contingent fund of the treasurer.
[55 v. 92. § 24; S. & C. 1603.]
122
$ (200-1).
ATTORNEY-GENERAL.
Tit. III, Ch. 5.
(200-1) [Duty of treasurer to cancel bonds of counties, town-
ships, cities, etc., on demand: cost and expenses.] It shall be the duty
of the treasurer of state, and he is hereby authorized and required, upon
the proper demand, of the respective counties, cities, incorporated villages
and townships, as the case may be, to cancel and return all bonds in his
custody heretofore issued by such counties, cities, incorporated villages, or
townships, by the authority and in pursuance of an act of the general
assembly, entitled an act to authorize counties, cities, incorporated villages
and townships to build railroads, and to lease and operate the same,
passed April 23, 1872 (O. L., vol. 69, pages 84-88), and the act amend-
atory thereof, entitled an act to amend section twelve of an act entitled an act
to authorize counties, cities, incorporated villages and townships to build rail-
roads, and to lease and operate the same, passed March 31, 1873 (O. L., vol.
70, pages 68–69), and the act supplementary thereto, entitled an act to declare,
supplement and amend certain sections of an act entitled an act to authorize
counties, cities, incorporated villages and townships to build railroads, and to
lease and operate the same, passed March 31, 1873 (O. L., vol. 70, pages
70-77). Such bonds to be so returned at the proper cost and expense of
the respective counties, cities, incorporated villages and townships, to which
they may be returned. The treasurer of state shall take proper vouchers
upon the re-delivery of said bonds, and record the same upon the register or
record of said bonds, kept in his office. [71 v. 14.]
SEC. 2. That each and all of the acts mentioned and recited in this act be
and the same are hereby repealed.
The act of April 23, 1872 (69 v. 84), was declared unconstitutional: Taylor v. Commissioners of Ross County,
23 O. S. 22; Kantner v. Trustees, etc., Ib. See, also, relative to same act, Stewart v. Trustees, etc., 22 O. S. 323.
CHAPTER 5.
ATTORNEY-GENERAL.
SECTION.
201.
Bond.
202.
[boards and officers.
General duties, employment of counsel by state
202a. Assistant; bond, duties, etc.
211. In cases instituted by attorney-general, writs to other
counties.
SECTION
212.
When service may be by publication, and
203. Shall prosecute official bonds; where.
204. Proceedings in quo warranto.
how.
213.
No security required of state or officer.
205. Shall enforce the performance of charitable
trusts.
214.
His office, where and how furnished.
215.
206. Who entitled to be advised by.
Registers of official business to be kept and
delivered to successor.
207.
Written opinion to be given to general assem-
bly when required.
216.
Annual report: what to contain.
217.
Certain civil actions to be taken out of their
order.
208. Shall advise prosecuting attorneys.
209. Shall prepare contracts, etc., for state officers.
210. Where he may bring suits on behalf of state.
218. Moneys collected by him to be certified into
the treasury,
To be one of the state board of appraisers for excise taxes, see (?? 2780—4), (—9),
(−14), (—19).
Duty to enforce act limiting employment of prisoners in manufacture of certain goods,
see ? (7432—2).
For an act to authorize the final adjustment of claims of the state of Ohio against the
general government" (77 v. 310).
For acts to provide for the auditing of certain claims by the auditor of state and attor-
ney-general, see 78 v. 197; 81 v. 147; 82 v. 71.
For "
an act to authorize the governor, auditor of state, and attorney-general to sell
certain land connected with the institution for the blind, and to purchase certain other
land for the same institution," see 79 v. 89.
For "an act authorizing the appointment by the state auditor and attorney-general of
agent to prosecute claims against the United States government” (80 v. 122).
For
For "
an act authorizing the sale of certain land in Franklin county," see 81 v. 175.
an act to authorize the governor, auditor of state, attorney-general, secretary of
state, and the state librarian to plať and sell certain lands situate in Columbus, see 82 v. 62.
123
Tit. III, Ch. 5.
ATTORNEY-GENERAL.
SS 201-203.
For "an act authorizing the governor, auditor of state, and attorney-general to contract
with Samuel Kendrick to correct, etc., the records of the Virginia military lands" (84 v. 88),
see (3107-120).
For the duty of the attorney-general in the abandonment and sale of the Wabash and
Erie canal and Šix-Mile reservoir in Paulding county (85 v. 207), see? (218-247) et seq.
See 22 8, 9 of the act amending the act of March 28, 1888, entitled "an act to provide
for a commission to establish the boundaries and lines of the canals," etc. (86 v. 270),
?? (218--228) and (218—229).
To direct prosecuting attorney to prosecute any person violating ? 148c, see ? 148c; also
violations of 148d, see 2148d.
Duty under act "to define trusts and to provide for criminal penalties and civil dam-
ages," etc., see ?? (4427-2), (−3), (−7).
Member ex-officio of state building commission, see ? (106—3).
Approval of for contract to use electricity as motive power on Miami and Erie canal,
see ? (218-244c).
Member of commission to examine voting machines, see ? (2966–55).
Duty under act as to employment of minors, see ? (6986—8).
Duty as to net fishing in Lake Erie; obtaining license therefor, see ? (6968—2).
SEC. 201. [His bond.] Before entering upon the discharge of his duties,
the attorney-general shall give bond to the state in the sum of five thou-
sand dollars, with two or more sureties to the acceptance of the governor, con-
ditioned for the faithful discharge of his duties and the payment into the
state treasury of all moneys belonging to the state which may come into his
hands by virtue of his office, which bond, with the oath of office and the
approval of the governor thereon, shall be forthwith deposited with the secre-
tary of state. [50 v. 267, §§ 1, 2; S. & C. 88.]
SEC. 202. [Duties and powers; employment of counsel by state board
or officer.] He shall appear for the state in the trial and argument of all causes,
civil and criminal, in the supreme court, wherein the state may be directly or in-
directly interested; and, when required by the governor or general assembly, he
shall also appear for the state in any court or tribunal in any cause in which
the state is a party or in which the state is directly interested; and upon the
written request of the governor, he shall also prosecute any person indicted for
any crime; and with the consent of the governor and auditor of state, he
may employ counsel in civil actions in which the state is a party or interested,
for any and all of the departments, boards of trustees or other public depart-
ments of the state, when in his judgment the interests of the state demand
that the same be done. And it shall not be lawful for any state board or state
officer to employ any attorneys or counsel, except upon the recommendation.
of the attorney-general and upon the written consent of the governor and aud-
itor of state. [93 v. 127; 50 v. 267, §§ 3, 4, 5; 73 v. 189, 191, § 1; S. & C. 88.]
SEC. 202a. [Assistant attorney-general; bond, duties, etc.] The
chief clerk of the attorney-general appointed by him shall hereafter be known
as the assistant attorney-general. He shall be an attorney at law and shall
give bond to the attorney-general in the sum of five thousand dollars, with two
or more sureties, conditioned for the faithful discharge of his duties. In case
of the absence or inability of the attorney-general, the assistant attorney-
general shall have the powers and perform the duties of the attorney-general.
[92 v. 172.]
As to duties with reference to articles of incorporation of savings and loan associations,
see ? 3797.
SEC. 203. [Shall prosecute official bonds; where.] He shall bring
suit on the official bonds of all delinquent officers when the same are directed
to be put in suit, and also against any officers for any deliquencies or offenses
against the revenue laws of the state that come to his knowledge; and all such
suits may be brought either in the court of common pleas of Franklin county,
or in the county in which the defendant, or any one or more defendants reside
or can be summoned, as he prefers. [50 v. 267, §§ 6, 7, 8; S. & C. 89.]
This section is not repealed by 347 of the Code of Civil Procedure (Rev. Stat. 35025); State v. Newton,
26 0. S. 200.
124
§§ 204-210.
ATTORNEY-GENERAL.
Tit. III, Ch. 5.
SEC. 204. [Proceedings in quo warranto.] He may prosecute any pro-
ceeding in quo warranto, in the supreme court of the state, the circuit court of
Franklin county, or the circuit court of any county wherein the company pro-
ceeded against has a place of business, or the officer or officers, person or persons
made defendants reside or may be found. [1885, February 7: 82 v. 16, 18; Rev.
Stat. 1880; 50 v. 267, § 13; (S. & C. 89).]
See 26768.
SEC. 205. [Shall enforce the performance of charitable trusts.] He
shall cause proper suits to be instituted to enforce the performance of trusts
for charitable and educational purposes, and restrain the abuse thereof, when-
ever, upon the complaint of others, or from his own knowledge, he deems such
suits to be advisable, or whenever by the governor, the supreme court, or the
general assembly, or either branch thereof, he is directed so to do; which suits.
may be brought in his own name, on behalf of the state, or the beneficiaries of
the trust, in the court of common pleas of Franklin county, or in the court of
common pleas of any county wherein the trust property, or any part thereof,
is situate or invested, as he prefers; and no such suit shall abate or discon-
tinue by any change of the officer, but shall be prosecuted to final judgment
or mandate, as if no such change had occurred; but the attorney-general may
refuse to institute proceedings, as aforesaid, except when directed by the
governor, the supreme court, or the general assembly, or either branch thereof,
unless some responsible freeholder of the state will become relator in the cause,
and liable for the costs thereof; but whenever the governor, the supreme court,
or the general assembly, or either branch thereof, directs any such suit, he shall
cause the same to be commenced and diligently prosecuted without any other
relator. [50 v. 267, § 14; S. & C. 90.]
SEC. 206. [Who entitled to advice by attorney-general.] He shall,
when required, give legal advice to the governor, the secretary of state, the
auditor of state, the treasurer of state, the board of public works, the commis-
sioners of the sinking fund, the commissioner of railroads and telegraphs, the
superintendent of insurance, the inspector of mines, the commissioner of statis-
tics of labor, the inspector of leaf tobacco, the state inspector of oils, the com-
missioners of fisheries, the commissioner of common schools, the adjutant-
general, the warden and directors of the penitentiary, the superintendents,
directors, trustees, and commissioners of the benevolent and reformatory insti-
tutions of the state, and the trustees of the Ohio state university, in all matters
relating to their official duties and business. [70 v. 19, § 15; 67 v. 20, § 15;
(S. & C. 90).]
The office of inspector of leaf tobacco was abolished in 78 v. 257. See 2367 et seq. and see 24334.
SEC. 207. [General assembly may require written opinion.] He shall
also give his written opinion upon all questions of law, to either branch of the
general assembly, when required. [50 v. 267, § 16; S. & C. 90.]
SEC. 208. [Prosecuting attorneys entitled to his advice.] He shall
advise the prosecuting attorneys of the several counties, when requested by
them respecting the duties of their offices under section 1273 in all complaints,
suits and controversies in which the state is, or may be a party. [88 v. 11;
50 v. 267, § 17; S. & C. 90.]
SEC. 209. [Shall prepare forms, etc., for state officers.] He shall pre-
pare suitable forms of contracts, obligations, and other like instruments of
writing, for the use of the state officers, when requested by the governor, secretary
of state, auditor of state, or treasurer of state. [50 v. 267, § 18; S. & C. 90.]
SEC. 210. [Suits may be brought by him in Franklin county.] He may
prosecute any action, information, or other suit in behalf of the state, or in
which the state is interested, other than prosecutions by indictment, in the
court of appropriate jurisdiction in Franklin county, or in the court of appro-
priate jurisdiction in any other county in which the defendant, or any one or
more of the defendants, reside or are found, as he prefers; but no civil action,
125
Tit. III. Ch. 5.
ATTORNEY-GENERAL.
SS 211-217.
other than actions on official bonds and actions against assessors and other
officers connected with the revenue laws of the state, for offenses and delin-
quencies against those laws, shall be commenced in Franklin county, if the
defendant, or one or more of the defendants, do not reside or can be found
therein, unless the attorney-general certify on the writ that he believes the
amount in controversy exceeds five hundred dollars. [50 v. 267, § 19; S. & C.
90.7
See note to State ex rel. v. Railroad Co., 36 O. S. 434, under ? 3284.
The legislature may constitutionally authorize the attorney general to bring an ejectment suit in Franklin
County, for land in Lucas County: State v. R.R., 20. D. 300; 1 N. P. 292.
See note to State ex rel. v. County Commissioners.: 4 N. P. 177: 6 O. D. 268 under 3 917.
SEC. 211. [In cases instituted by attorney-general, writs to other
counties.] In all cases instituted by the attorney-general under the provisions
of this chapter, the writ may be sent to the sheriff of any county by mail, and
returned by him in like manner, for which the sheriff shall be allowed the
same mileage and fees as if the writ had issued from the common pleas court
or the circuit court of his own county, and been returnable thereto. [1885,
February 7: 82 v. 16, 18; Rev. Stat. 1880; 50 v. 267, § 20; (S. & C. 90).]
SEC. 212. [When service may be had by publication.] Upon all pro-
ceedings in quo warranto, if the writ or writs, or mesne process, be returned not
found by the sheriff of the county in which the company is authorized by law
to have its place of business, the clerk of the court in which such information
or other proceedings have been filed, shall make out a notice of the filing and
substance thereof, and cause the same to be published for six consecutive weeks,
once a week, in some newspaper printed in the county wherein such company
is authorized, as aforesaid, to have its place of business; or, if no newspaper be
therein printed, in some newspaper printed in the city of Columbus; and an
affidavit of such publication, together with a copy of the notice, shall be filed.
in the office of the clerk aforesaid; and if the company so made defendant fails
to answer or plead to any such information or other proceeding within thirty
days from the filing of the affidavit and copy aforesaid, judgment shall be given
upon the default, in like manner as if the writ or writs, or other mesne process,
had been duly served and returned. [50 v. 267, § 21; S. & C. 91.]
SEC. 213. [No security required of the state or officers, and no verifi-
cation of pleadings.] No undertaking or security is required on behalf of the
state or of any officer thereof in the prosecution or defense of any action, writ,
or proceeding; nor is it necessary to verify the pleadings on the part of the state
or any officer thereof in any such action, writ, or proceeding. [56 v. 240, § 22;
S. & Č. 91.]
For verification of pleadings, see ? 5102.
SEC. 214. [Shall keep his office in Columbus, and be allowed postage.]
The attorney-general shall keep his office at the seat of government, to be pro-
vided and furnished by the state, and the postage on his official correspondence
shall be paid by the state. [50 v. 267, § 24; S. & C. 91.]
SEC. 215. [Registers shall be kept, and what shall be turned over to
his successor.] He shall keep in suitable books a register of all actions,
demands, complaints, writs, informations, and other suits prosecuted or
defended by him officially, noting therein all proceedings in respect thereof,
and a register of all written official opinions given by him; which books and
all other papers, documents, books, and property whatever belonging to his
office, he shall deliver to his successor. [50 v. 267, § 25; S. & C. 91.]
SEC. 216. [Annual report: what to contain.] In his annual report he
shall submit an abstract of the statistics of crime returned to him by the prose-
cuting attorneys of the several counties, with a statement of the business under
his immediate charge. [50 v. 267, § 26; S. & C. 91.]
SEC. 217. [Certain civil actions shall be taken out of their order.]
Any civil action brought or prosecuted by the attorney-general, on behalf of
126
$218.
BOARD OF PUBLIC WORKS.
Tit. III, Ch. 5a.
the state, or of any public board or authority created by the laws thereof, or in
which the state is a party, shall, upon his motion embodying a statement that
the public interests require the same to be done, be taken out of its order upon
the docket and assigned for trial at as early a day as practicable. [75 v.
125, § 1.]
SEC. 218. [Moneys collected by him shall be certified into the treas-
ury.] When the attorney-general collects or receives on behalf of the state
any moneys, from whatever source, he shall forth with have the same certified
into the state treasury. [57 v. 83, § 4; S. & C. 1233.]
SECTION
CHAPTER 5a.
BOARD OF PUBLIC WORKS.
218-1. Public works to be divided into divisions.
218-2. Term of office of members.
218-3. Oath and bond of members.
218-4. Engineer of public works: how appointed ;
salary; bond and oath; shall have super-
vision of superintendents, etc.: board may
appoint assistant engineer: salary; bond
and oath; board to regulate tolls, water
rents, fines, and appoint collectors; secre-
tary of board; clerk; superintendents of
repairs; lock tenders, etc.; engineers, col-
lectors, etc.; to give bond and take oath;
board to fix salaries of certain officers;
vacancies: how filled.
218-5. How employes to be paid, and materials pur-
chased receipts from tolls, water rents,
etc., to be credited to the canal fund.
218-6. Leasing surplus water.
SECTION
218-39. Salaries of engineers on public works.
21-40. Board of public works must keep record of
proceedings; salary of clerk.
218-41.
Bids and contracts; when and how filed,
deposited, etc.
218-42.
Extra allowance to contractors, etc.
215-43.
Same.
218-44.
How bids therefor made and acceded to;
the contract.
218-45. Superintendent's quarterly statement.
218-46. Resident engineer's quarterly statement;
deposit, etc., thereof, etc., and certificate
and payment thereon.
218-47. Blank checks; delivery of checks.
218-48. Where, when, and how to pay out checks.
218-49. Sale of lands given to canal fund; certifi
cate therefor.
218-50. Agent may be appointed to purchase and
sell such lands.
218-7.
Duties of collectors as to water rents.
218-8. How claims shall be paid.
218-51.
218-9. How contracts let.
218-10. Officers, etc., not to be interested in.
218-11. Duties of state auditor as to accounts.
Commissioners may purchase mill sites,
and surplus water.
218-52.
Damages for loss of water on streams.
218-53.
218-12.
Collectors' offices.
Expense of surveys and estimates; how
paid and charged.
218-13. Annual report of board.
218-54.
Board of public works to take charge of
218-14. Drawing water off canals.
certain slack water. Laws in force to ex-
218-15. Permission to take ice from reservoir may
be granted; conditions; when considered
tend to said slack water.
218-55.
a misdemeanor.
Sandy and Beaver caual may become part
of public works.
218-16. Penalty.
218-17. Duty of board and attorney-general.
218-18.
Powers of board.
218-19. Lessees to succeed to rights of board.
218-20. General powers of board.
218-21. Appropriation of private property for pub-
lic works; title of the state.
218-22. Mode of making.
218-23.
Proceedings.
218-24. Jury, and conduct of trial.
218-25. Costs and compensation.
218-26. Proof of service.
218-27.
Unknown heirs.
218-28. Power of married women and guardians.
218--56. And upon what conditions.
218-57. Attorney-general to purchase certain lands.
218-58. Appropriation therefor.
218-59. Mode prescribed for leasing state property
by board of public works.
Survey, plat, lease, etc.
Collection of the rents, etc.
218-60.
218-61.
218-62. Board of public works authorized to lease
or permit railroad company to occupy
specified lands; provision making com-
pany responsible by contract for loss or
damage; privileges forfeited on failure
to comply with provisions of act.
218-63. To Toledo and Grand Rapids R. R. Co.;
public works and navigation on canals
not to be injured by construction of road-
bed; company to pay annual rental to
state; increase of rental and appraise-
ment every ten years; penalty for failure
to comply with act.
218-29. Compensation for franchise.
218-30. Fees of witness and officers.
218-31. Taxable costs: by whom paid.
218-32. Damage from leaks, etc.
218-33. Payment to be from appropriations.
218-34. Members may administer oaths.
218-35. Meaning of words used in act.
218-64.
218-36. Repeal and saving.
218-37. Material excavated from canal may be used.
218-38. Who may sue for injuries to public works.
218-65.
Rents accruing on leases of water-power to
be first lien upon estates.
Leases, how to be recorded.
For "an act to provide for the abandonment and sale of the Wabash and Erie canal
and Six-Mile reservoir in Paulding county" (85 v. 207), see? (218-247) et seq.
Employment of counsel, see ? 202.
When a private company appropriates lands for a canal, it acquires merely an easement and upon aban-
donment such lands revert to the owner or his successor in title; upon a conveyance by the company to the
state, the state also only took an easement: Vought v. R. R. Co,. 58 Ú. S. 123.
There is no property right in the incidental benefits accruing the abutting owner on the canal: Id.
As to the right of action for abandoning canal while there is a contract for use of water, see same case
under ? (218-15.)
(218-1) [Public works to be divided into three grand divisions.] The
public works of the state shall be divided by the board of public works into
three grand divisions, to be designated by such or numbers, as said board shall
t
127
Tit. III, Ch. 5a.
BOARD OF PUBLIC WORKS.
$(218-2).
deem proper, and to be of such limits and extent as said board, from time
to time, shall prescribe; and each member of the board of public works, or
acting commissioner of said board, shall be assigned to one division and man-
age the same under the direction of said board, and be responsible to the
extent of his power and authority for the due and faithful administration of
such district or division. [1889, April 15: 86 v. 385; Rev. Stat. 1880;
75 v. 584.]
For an act prescribing the method whereby the board of public works can lease
property belonging to the state" (83 v. 118), see % (218–59) et seq.
(218-2) [Term of office of present members; salary and expenses
of members.] The members of the board of public works now in office, shall
continue to hold their offices for the term of three years from the time they
were sworn into office, and until their successors shall be elected and quali-
fied; and the term of office of the member of the board hereafter annually
elected, shall commence on the second Tuesday of February thereafter. And
each member of the board shall receive eight hundred dollars per annum
salary, and not to exceed fifty dollars per month traveling expenses, during
the time the state has possession of the public works, and eight hundred dol-
lars per annum salary thereafter, but shall not receive any traveling expenses.
Said salary and expenses shall be paid monthly after the services are ren-
dered and expenses incurred, upon the order of the board, out of the canal
fund, on the warrant of the auditor. [75 v. 584.]
(218-3) [Each member shall take oath and give bond; bond to
be approved by governor; office of public works to be kept at seat of
government.] The members of the board of public works shall each take
an oath or affirmation to support the constitution of the United States and of
the state of Ohio, and to honestly and impartially discharge the duties of the
office; and shall also give bond, with sufficient security, to be approved by
the governor, in the penal sum of not less than thirty thousand dollars, con-
ditioned for the honest and faithful discharge of the respective duties of their
office, and for the faithful accounting for and paying over of all moneys
which may come into their hands respectively, according to law, which bonds,
with the approval of the governor indorsed thereon, shall be filed with the
treasurer of state. The members of the board of public works shall desig-
nate and appoint one of their number to act as president of said board, and
said board shall continue to keep the "office of public works" at the seat of
government, in which office shall be kept all the books and papers, records,
and other documents of said board, which shall be open to the inspection of
all persons interested, at all reasonable times; and all notices or reports
required by law to be given to the said board by any of the officers of the
state, when left in writing at said office, or deposited with any person who
may have charge of the same, shall be considered as having been duly given
and served upon said board. The president shall have charge of said "office
of public works," and the custody of the records, books, papers, and docu-
ments aforesaid, and shall conduct the correspondence of said board. [75
v. 584.]
(218-4) [Engineer of public works: how appointed; salary; bond
and oath; shall have supervision of superintendents, etc.; board may ap-
point assistant engineer; salary; bond and oath; board to regulate tolls,
water rents, fines, and appoint collectors; secretary of board; clerk;
superintendents of repairs; lock tenders, etc.; engineers, collectors, etc.,
to give bond and take oath; board to fix salaries of certain officers;
vacancies: how filled.] The office of [chief] engineer of public works is
hereby created, and said officer shall be appointed by the governor, with the
128
§ (218—4).
BOARD OF PUBLIC WORKS
Tit. III, Ch. 5a,
consent of the senate; he shall be a practical civil engineer, and shall hold
his office for the term of two years unless the state releases the public works,
His salary shall be at the rate of two thousand dollars per annum, to be paid
monthly out of the canal fund after the services are rendered, upon the order
of the board of public works and on the warrant of the auditor of state, and
he shall give bond, with good and sufficient security, in the sum of ten thou-
sand dollars, conditioned for the faithful performance of his duties, and shall
take an oath of office similar to that prescribed in section three [§ (218—3)] for the
officers therein named. He shall, under such rules and regulations as the board of
public works may prescribe, have supervision and oversight of the several
superintendents, and other officers, and report delinquencies whenever they
occur. And the board may appoint an assistant engineer, who shall be a
practical civil engineer, and shall hold his office for two years unless sooner
removed, and shall be subject to such rules and regulations, not contrary to
law, as may be from time to time prescribed by the board. He shall receive
a salary not exceeding sixteen hundred dollars per annum, payable monthly
after the services are rendered, upon the order of the board, on the warrant
of the auditor of state. He shall give bond, with good and sufficient securities,
to be approved by the board, in the sum of ten thousand dollars, conditioned.
for the faithful performance of his duties, and shall take an oath similar to
the one taken by the chief engineer. The chief engineer shall have general
supervision, under the direction of the board, of all the public works belong-
ing to this state, and shall perform such other duties as the board shall from
time to time direct. Said board shall have power to regulate the rate of tolls
to be collected on the public.works of this state, and to appoint collectors of
the same, together with the water rents and fines, at such points as shall have
been or may be established for the collection of tolls, as hereinafter provided;
and said collectors shall be governed by such rules and regulations as the said
board may prescribe, not inconsistent with law. Said board of public works
shall have power to appoint one secretary, whose salary shall not exceed fifteen
hundred dollars per annum, who shall be paid monthly after the services are
rendered, upon the order of the board, on the warrant of the auditor of state.
They shall also have power to appoint one clerk, if necessary, at a cost not
exceeding seven hundred dollars per annum, to be paid in the same manner
as the secretary. They shall also have power to appoint superintendents of
repairs not exceeding eleven in number, whose aggregate salaries shall not
exceed twelve thousand five hundred dollars per annum, and assign them to
such districts or divisions of said public works as, in the judgment of the board,
may be proper to assure the efficient management, repair, and preservation of
said public works; and also to appoint the necessary number of lock tenders,
and other employes, and assign them to post of duty, under such rules and
regulations as may be prescribed for their government. Each collector of
tolls, and superintendent shall, before he enters upon the discharge of his
duties as such, give bond to the state of Ohio in such sum as the board of
public works may require, conditioned for the faithful discharge of the duties
of his office and the proper accounting for all moneys coming into his hands
as such an officer, which bond, with sufficient security, approved by the board,
shall at once be deposited with the auditor of state, together with the oath or
affirmation of such officer that he will faithfully and diligently discharge all
the duties appertaining to his office, and promote to the extent of his ability
the interest of the state, so far as may be legally in his power. Said oath
shall be taken before an officer having the power to administer oaths, and shall
be certified and attested by such officer in duplicate certificates, one of which
129
Tit. III, Ch. 5a.
BOARD OF PUBLIC WORKS.
§ (218-5).
shall be filed in the office of the board of public works, and the other in the
office of the auditor of state. The secretary, clerk, collectors of tolls, superin-
tendents of repairs, lock tenders, and other necessary employes, shall be
appointed during the pleasure of the board of public works, and may be
removed from office or employment at any time when, in the judgment of the
board, the public interest will be promoted thereby; the board shall fix the
rate of salaries to be paid monthly out of the canal fund, upon the order of
the board of public works on the warrant of the auditor of state, to the
collectors, superintendents, lock tenders, and other necessary employes, grad-
ing the same according to the services and labor to be performed in each case.
All vacancies that may occur by reason of death, resignation, or otherwise shall
be filled by the board of public works, in the same manner as appointments
are made. [1884, March 24: 81 v. 68; 78 v. 105; Rev. Stat. 1880; 75 v. 584.]
Section 3 of the act of 1884, March 24 (81 v. 68), is as follows:
"SEC. 3. This act shall take effect and be in force from and after March 25, 1884, except that the present
chief engineer shall hold his office until the close of the time for which he was appointed.
(218-5) [How employes to be paid, and materials purchased; re-
ceipts from tolls, water rents, etc., to be credited to the canal fund.] To
provide for the prompt payment of all employes and laborers, and for the
purchase of materials and for incidental expenses in the current repairs of
the public works of the state, the superintendent of each division shall, at the
close of every month, file with the engineer duplicate time rolls of all employes
and laborers employed during the month, together with itemized bills of all
materials purchased for the use of the state, and bills for the subsistence of
horses, and for the board of hands, where the state is liable for such board,
and other contingencies; and upon examination thereof, said engineer shall,
if he approve the same, issue his certificate in favor of such superintendent of
repairs, and immediately notify the secretary of said fact, upon which the act-
ing commissioner in charge, if satisfied that the certificate is correct, shall
issue his check on the auditor of state, whose duty it shall be to issue
his warrant on the treasurer of state for the amount specified in the check,
and charge the same to the canal fund, to which fund all receipts from
tolls, fines, and water rents shall be credited; and the superintendent upon
receiving the money, shall immediately proceed to pay all the indebted-
ness which he may have incurred on behalf of the state for labor, material,
repairs, etc., on the division in his charge; and without delay after such
payment, said superintendent shall file the original copy of the accounts there-
tofore filed, with the engineer, properly attested by the receipts of all parties.
named therein, as his voucher for money paid out, with the secretary of the
board, whose duty it shall be to examine the same, and if found by him to be
correct, he shall credit the amount of the same to the account of said superin-
tendent. [1884, March 24: 81 v. 58, 70; Rev. Stat. 1880; 75 v. 584.]
(218-6) [Board authorized to lease water; may shut off water
when rent in arrears for thirty days; president to furnish auditor of state
and collectors with copy of leases.] The said board of public works is
hereby authorized to lease water on any of the several public works, under
such rules and regulations as are, or may be, prescribed by law for leasing
water power on the public works of the state. And the said board is hereby
further authorized and required to make, from time to time, an examination
of the leases of water power upon, or connected with, any of the public
works of the state, made by the lawful agents thereof; to adjust and fix the
amount of rent in arrears, or to be paid by such lessee or assigns, at such
prices as they may deem just and equitable, and to cancel existing leases, with
the consent of the lessees or assigns, or when such leases have become for-
10
130
§ (218-7).
BOARD OF PUBLIC WORKS.
Tit. III, Ch. 5a.
feited, and said board shall deem the interest of the state will be promoted
thereby, to shut off the water, and prevent the use thereof under any such
leases, when rents shall have been due thereon, and in arrears for thirty days
or more, or when the lessees refuse or neglect to put in, or permit to be put
in, such gauges as are required in their leases, and to continue to keep the
water shut off until such rent be paid, or such gauges be put in. And it is
hereby made the duty of the president of the board of public works to fur-
nish the auditor of state, from time to time, attested copies of all leases for
water power which remain in force, and of all new leases made, and renewals
or modifications of those now in force, within thirty days after the making of
such lease, renewal, or modification by said board; and the said president
shall, also, within the time prescribed, furnish attested copies of such original
lease, renewal, or modification to each of the collectors of tolls upon whom
the duty is imposed of collecting the rents therein provided for. [75 v. 584.]
These leases need not be acknowledged before an officer, but are to be recorded in the office of the board
of public works and copies certified by the president are evidence: See Emmitt v. Lee, 50 O. S. 662.
(218-7) [Collectors of tolls shall collect water rents and tolls.]
Collectors of tolls shall, in addition to such other duties as may, from time
to time, be required of them, collect all water rents due the state, or to
become due, as the same shall accrue, and make such return of such collec-
tions, and pay over all moneys thus collected, in the same manner, and at the
same time they are by law required to make return of and pay over the tolls
by them collected. All moneys derived from tolls on the canals, or other
improvements of the state, as well as all moneys derived from leases of water
power, or the sales of land held by the state for canal purposes, or from any
other source appertaining to the interest or management of the public works
of the state, shall be paid into the treasury in the manner directed by law.
[75 v. 584.]
(218-8) [How claimants shall be paid; in cases of extraordinary
casualty, how claims may be paid.] All claims against the state arising in
the nature of awards, or for superintendence and repairs on the canals, or
other improvements under the care and supervision of the board of public
works, and authorized by law, shall be paid by the check of the acting com-
missioner in charge, on the auditor of state, whose duty it shall be to issue
his warrant on the treasurer of state for the amount specified in the check,
and to charge the same to the proper account for which the expenditure shall
have been made. No check shall be so issued until after the consideration
upon which it is based shall have been actually rendered, except in the case
of extraordinary casualties on the public works, when the engineer in charge,
with the approval of the chief engineer, may issue a certificate for such sum
as may be actually necessary in the emergency, and on such certificate the
acting commissioner in charge of the division, if he shall approve the same,
and the necessity thereof, may issue his check for the amount on the auditor
of state, who shall issue his warrant for the sum named in the check on the
treasurer of state, and charge the same to the canal fund; and every check
shall be drawn in favor of the identical person to whom the amount is due,
and shall set forth the nature of the indebtedness, whether for materials,
repairs, labor, superintendence, or otherwise, and to what object, and what
point or division said materials, labor, or superintendence were applied.
Every check shall set forth the specific appropriation which authorized its
payment, and whether the amount due is for work done by contract or other-
wise; and the check and certificate thus issued shall be registered in books,
one to be kept by the engineer, and one by the acting commissioner. [75
v. 584.]
131
Tit. III, Ch. 5a.
BOARD OF PUBLIC WORKS.
$(218-9)
(218-9) [How contracts for labor, material, etc., to be let.] That
in all cases in which it may be necessary for the board of public works, by
themselves or their legally authorized agent, to let contracts for the perform-
ance of labor, or the furnishing of materials, or for the construction of
feeders, dykes, reservoirs, locks, dams, and other works and devices for per-
fecting and keeping in repair the public works under their charge, it shall
be the duty of the acting commissioner of the board, by the resident engi-
neer having charge of the division of the public works upon which said labor
is to be performed, or materials furnished, to cause such general notice of the
letting of said contract by publication in the newspapers and posting up
advertisements, as will secure general competition; which said notice shall
contain a statement of the time, place, and manner of receiving proposals of
said contracts, and the character and magnitude of the work to be performed,
the materials to be furnished, or both, if required, for the construction of the
said works. [75 v. 584.]
(218-10) [No member, officer, or any employe to be interested in
any contract; penalty.] No member of the board of public works, engi-
neer, superintendent, collector of tolls, gate-keeper, weigh-master, inspector,
secretary, or clerk, or any other person holding office under said board dur-
ing the location or construction of any canal or feeder, shall become inter-
ested, either in contract or purchase, directly or through another, in any
lands, town lots or water privileges for hydraulic purposes, on or adjacent to
any such canals or feeders under the charge of said board, until after the
expiration of his term of office; or be engaged or concerned, either directly
or through another person, in any contract for labor, construction, or supplies
of any description whatever. Every person found guilty of violating the
provisions of this section, on conviction thereof in any court of competent
jurisdiction, on indictment or information, shall be adjudged to pay a fine of
not less than one hundred dollars, nor more than one thousand dollars, and
shall, moreover, forfeit his office. [75 v. 584.]
(218-11) [Auditor to examine rolls, abstracts, accounts, etc.] It is
hereby made the duty of the auditor of state to cause all the rolls, abstracts,
and accounts of the collectors of tolls upon the canals, slack-water, or other
improvements of this state, for the season of navigation, to be thoroughly
examined and compared with each other, so that any discrepancy between the
amounts credited by the collectors receiving any moneys and the check kept by
any other collector shall be ascertained; and in case of any such discrepancy,
the clearance upon which any such moneys purport to have been received,
shall be examined for the purpose of ascertaining the true amount received;
and if said auditor, after having ascertained the state of the accounts for the
last season, deems it for the interest of the state to examine and compare as
above, any part or all of the rolls, abstracts, and accounts for any previous
year, he is authorized to cause such examination to be made, and also for each
ensuing year. [75 v. 584.]
(218-12) [Location of collectors' offices, etc.] Collectors' offices,
on the Ohio canal, are hereby established at Cleveland, Akron, Massillon,
Dover, Roscoe, Dresden, Newark, Carroll, Columbus, Circleville, Chillicothe,
Waverly, and Portsmouth; on the Miami and Erie canal, at Cincinnati,
Lockland, Middletown, Dayton, Piqua, St. Mary's, Delphos, Defiance, Mau-
mee City, and Toledo; on the Hocking canal, at Carroll and Logan; on the
Walhonding canal, at Roscoe; and on the Muskingum improvement, at Mari-
etta, McConnellsville, Zanesville, and Dresden: provided, that if, in the opinion
of the board of public works, any one or more of said offices can be dispensed
with without detriment to the public interest, said board may abolish the
132
§ (218—13).
BOARD OF PUBLIC WORKS.
Tit. III. Ch. 5a.
same; and, provided, further, that said board may establish additional offices
if the public interest will, in its judgment, be promoted thereby. [75 v. 584.]
(218-13) [Duty of Board to report annually to governor.] It
shall be the duty of the board of public works to report annually to the gov-
ernor, at least ten days before the assembling of the general assembly, and said
report to be by him transmitted along with his message to the general assem-
bly; said report shall contain a full and accurate account of all moneys
expended on each of the public works during the year ending on the fifteenth
day of November next preceding said report, the aggregate amount of work
contracted for during the year, the amount of money expended or allowed
over and above the contract price, and the total value of all the work under
contract remaining to be executed, estimated in each case at contract prices,
together with the estimated cost of all the work in progress of execution, and
such other information in relation to the public improvements as they may
deem needful to the general assembly; they shall also report the revenue
derived from each of the public works by tolls and other sources, how the
same are levied, the manner of their collection, together with an estimate, if
necessary, of such appropriations as may be required to reconstruct and keep
in repair the public works of the state; the said board of public works shall
also, in their said annual report, give a list of all resident engineers, assistant
engineers, collectors of tolls, superintendents of repairs, weigh-masters, deputy
weigh-masters, inspectors, lock-tenders, and clerks, who may have been
employed by said board during the year preceding said report, together with
the amount of salary, allowance, or perquisites paid to each, whether such
salary, allowance, and perquisites are fixed by law or allowed by the board, or
an acting commissioner thereof; and also the amount paid and allowed for
their own salaries and the contingent expenses of their office. [75 v. 584.]
The act numbered 7667 in R. S. of 1880 was repealed, 77 v. 5.
(218-14) [Stealing water from canals.] It shall be unlawful for any
person or persons, or body corporate, to draw water off any of the canals of this
state for the purpose of flooding ice ponds, or for any other purpose whatso-
ever other than navigation and hydraulic purposes, unless they shall have first
complied with the requirements of this act. [76 v. 189.]
(218-15) [Permission to take ice or water from reservoir may be
granted; conditions; when considered a misdemeanor.] Permission may
be granted to any person or persons, or body corporate, by the board of public
works, to enter upon and take ice from any reservoir, or surface of any water
under the control of the public works of this state, and draw water off the
canals of the state for the purpose of flooding ice ponds, or other purposes, at
a price to be fixed by the board of public works, upon the following conditions:
First-When the water so to be drawn off is not needed, and is over and
above what is necessary for navigation and hydraulic purposes already leased.
Second-Such water to be drawn off under and by the direction of the
chief engineer of the public works, and at such times and in such quantities
as he may from time to time determine.
Third-Such persons shall not, in any manner, during any portion of the
year, cultivate any of the land to be so flooded.
Fourth-A bond in the penal sum of twenty-five hundred dollars must be
executed to the state of Ohio, with good and sufficient security, conditioned
for the faithful performance of the obligations herein imposed; and said bond
is to be approved by the said board of public works, and to be filed with
the treasurer of state by said board. That any person or persons or body
corporate, who shall enter upon any portion of the canals of this state or in
any basin, wide water, or surface of any water under the control of the pub-
133
Tit. III, Ch. 5a.
BOARD OF PUBLIC WORKS.
§ (218—16).
lic works, reservoir, or pond, belonging to or used in connection with the
canals of this state, without permission from the board of public works, for
the purpose of cutting or carrying away ice from said canals or waters afore-
said, for the purpose of profit, shall be deemed guilty of misdemeanor and
be liable as hereinafter provided; in case of lessees of water, to be used for
manufacturing purposes, it shall not be lawful for any such lessee, or assigned
under said lessee, to use, or allow to pass through their mills or other hydraulic
works, a greater quantity of water than the amount specified in their lease,
said quantity to be determined by the chief engineer of the public works.
[1881, April 19: 78 v. 229; Rev. Stat. 1880; 76 v. 189.]
Where a contract for the use of water of canal is had with the state's agents, upon abandonment of the
caual, no right of action accrues against the state: Vought v. R. R., 58 O. S. 123.
(218-16) [Penalty, etc.] Any person or persons, or body corporate,
violating any of the provisions of this act shall be deemed guilty of a mis-
demeanor, and upon conviction before any court of competent jurisdiction,
may be fined in any sum not exceeding one thousand dollars, and not less
than fifty dollars, for each offense; and it is hereby made the duty of the
common pleas judge in the counties of the state in which the canals are
situated, to give this act specially in charge of the grand jury of said county.
[76 v. 189.]
(218-17) [Duties of board and attorney-general.] It is hereby
made the duty of the board of public works, when any of the provisions of
this act have been violated, to forthwith notify the attorney-general, and said
attorney-general shall immediately commence suit upon the bond so given, in
the name of the state of Ohio. [76 v. 189.]
(218-18) [Apply to all parties; duties and powers of board and
engineer.] This act shall apply as well to the parties who have heretofore used
and are now using the waters of the canals of this state as to those who may
hereafter so desire to do. The board of public works are hereby required,
upon the passage of this act, to shut off and forbid the drawing of water or
use of water, contrary to the requirements of this act, until the conditions
herein provided shall have been fully complied with; and the chief engineer
of the public works shall, by actual survey, determine the number of acres
included in any pond so to be flooded, which shall be conclusive, and a record
of which shall be kept in the office of the board of public works; and the cost
of making such survey shall be paid by the parties so applying, and in deter-
mining the amount of such cost the certificate of said chief engineer shall be
conclusive; and the board of public works are hereby authorized to increase
or diminish the rates of toll as fixed by the law of 1858, when the boat travels
or freight is carried less than fifty miles on any of the canals of this state
[76 v. 189.]
(218-19) [Rent if public works are leased.] Should the public
works of the state be leased, then the drawing of the water for the purposes
herein mentioned shall be under the exclusive direction and control of said
lessees, and the amount of rent so due shall be paid said lessees. [76 v. 189.]
(218-20) [General powers of board; of each member in his divi-
sion; may purchase property and privileges for state; may take property
of citizens for public use.] The board of public works shall have charge of the
public works of the state, and shall have power to perfect, render useful,
maintain, keep in repair and protect the same; and to that end shall have
power to remove obstructions therein or thereto, and to make such alterations
or amendments thereof (whether now or hereafter constructed), and to make
such feeders, dykes, reservoirs, locks, dams, and other works, devices and
improvements, as they may think proper for the respective purposes afore-
134
§ (218—21).
BOARD OF PUBLIC WORKS.
Tit. III, Ch. 5ȧ.
said; that each member of said board shall have the like powers, in respect
to the division of the public works under his special charge, subject, however,
to the control of the board; but he shall not undertake the construction of
any new work whose cost would exceed two thousand dollars, without the
previous direction of the board; that to enable them to exercise the powers
aforesaid, it shall be lawful for the board, and each member thereof, within
his proper division, to purchase in the name and on behalf of the state, such
real or personal property, rights or privileges, as may be necessary for the
respective purposes aforesaid; and also, to agree with any owner whose prop-
erty may be appropriated as hereinafter mentioned, upon the sum of money
to be paid by the state as compensation therefor, and to pay the same in the
manner designated by law; and it shall also be lawful for the board, and each
member thereof, and every superintendent, agent, or engineer employed by
them or him, to enter upon, take possession of and use, upon the conditions
and subject to the limitations hereinafter prescribed, any lands, waters, streams,
or materials necessary for the respective purposes aforesaid, doing, neverthe-
less, no unnecessary damage; and they may also enter upon any lands for the
purpose of making any surveys or taking any levels that it may be necessary
or expedient to make or take, in the discharge of their respective duties.
[56 v. 141; S. & C. 1249.7
Court of equity can not control canal commissioners in using quantity of water necessary for the navi-
gation of canal, upon the complaint of individuals claiming an interest in the water, nor in selling it for
hydraulic purposes: Cooper v. Williams, 4 O. 253.
See State ex rel. v. Board of Public Works, 36 0. S. 409.
The board of public works possesses no powers except such as are expressly conferred by law, or as are
necessarily implied: State ex rel. v. Railway Co., 37 O. S. 157, 174; Commissioners v. Board of Public Works, 39
O. S. 628, 635.
The board of public works of the state is not authorized by law to grant to a railroad corporation the
right to lay its track, and to maintain and operate a railroad, on and along the berme bank of a navigable
canal belonging to the state: State ex rel. Attorney-General v. Cincinnati Central Ry. Co., 37 O. S. 157.
It can not question the right of the state to authorize the construction of a bridge over the Mus-
kingum river and state canal under acts 65 v. 219 and 73 v. 274, or otherwise oppose its construction, upon the
alleged ground that the navigation of the waters to be bridged will be thereby obstructed: Commissioners v.
Board of Public Works, 39 O. S. 628.
It is its duty to resume the right to the use of surplus water leased or sold for hydraulic purposes, under
the act of March 23, 1840, when needed for purposes of navigation, etc., and can not in any manner surrender
or abridge that power, and an agreement by it to pay the lessee on such resumption for the value of improve-
ments is void: State ex rel. Fanger v. Board of Public Works, 42 O. S. 607.
(218-21) [Appropriation of private property, when; title which
vests in the state; what deemed public exigency; compensation for the
property.] Private property may be appropriated for the respective uses speci-
fied in the first section of this act, [§(218-20),] as follows: when the public use to
be made of the property would render it substantially valueless to the owner, all
estates therein, or rights thereto, may be appropriated, and upon the proper
proceedings being had as hereinafter provided, shall vest in the state. When
the public use of the property will be temporary, or at intervals only, or when
for any other reason it may be unnecessary or inexpedient to appropriate the
fee simple therein, or absolute right thereto, an easement, or right, commen-
surate with the use to be made thereof, may be appropriated; a good and suf-
ficient title to which easement, or right, upon the proper proceedings being
had as hereinafter provided, shall vest in the state. When a breach, other
injury, or obstruction, destructive of or materially impairing the immediate
use of any of the public works (by which term is meant not only the main
works, but also all other works, structures, or devices connected with or
appurtenant thereto), shall happen, or exist, or be in immediate danger of
happening, or when such breach, injury, or obstruction, or danger thereof,
shall occur in any work in process of construction, and repairs or protection
shall be immediately necessary for the preservation or restoration of the same,
such cases, all and singular, shall be deemed cases of public exigency, justify-
135
Tit. III, Ch. 5a.
BOARD OF PUBLIC WORKS.
§ (218-22).
ing the immediate seizure of private property to repair or protect such works,
or to be used permanently or temporarily, as places of deposit of materials
for those purposes, or of matter removed in making such repairs or protec-
tion. In all other cases provided for by this act, a compensation for the prop-
erty to be appropriated shall first be made in money, or first secured by
a deposit of money, as hereinafter provided. [56 v. 141; S. & C. 1249.]
As to appropriation of land by canal commissioners: McArthur v. Kelly et al., 5 O. 139; Hatch v. Railroad
Co., 18 O. S. 92; Willyard v. Hamilton, 7 O. (2 pt.) 111.
(218-22) [Mode of making appropriations: in cases of public exi-
gency; and in other cases.] The mode of making appropriations under this
act shall be as follows: in a case of public exigency, as defined in the preceding
section, the private property necessary to repair or protect the public work may
be seized, either absolutely or for a temporary use, by the board aforesaid, or
either of their members, or any one of their superintendents, agents, or engi-
neers, and the rights thereto, or to such temporary use, shall immediately vest
in the state. In all other cases the appropriation shall be made by the board,
or one of the members thereof. In such case of public exigency, if the property
be immediately seized without first paying for the same, it shall be the duty of
the board, or some one of their members (if the compensation to be paid there-
for be not agreed upon with the owner), without delay to make and officially
subscribe as many certificates, in all respects alike, as may be necessary, con-
taining: First-A description of the property so taken, with the time or
times when taken, and whether taken absolutely or for temporary use, and if
the latter, the extent of the use, and the name or names of the owner thereof.
Secondly-An offer on behalf of the state to pay therefor a specific sum of
money, being such sum as the board, or their member, shall deem reasonable;
one of which certificates shall be delivered to each of the owners of the prop-
erty so taken, if resident within this state, or left at his or her usual place of
abode therein provided, that if any owner be a minor, idiot, or insane person,
having a guardian resident within this state, service of said certificate, in man-
ner aforesaid, shall be made on such guardian, which shall be deemed good
service upon the ward. But if any owner or guardian reside without this
state, or his place of residence be unknown to the board, then notice to him
or them may be given either by personal service of such certificate, or by pub-
lishing the same for four consecutive weeks in some newspaper of general
circulation in the county wherein the property was taken. One of said cer-
tificates, with proof of its having been served or published as aforesaid, and
the date of such service or publication, shall be filed and preserved in the
office of the board. If any owner, or his or her guardian as aforesaid, shall
at any time after the seizure of his or her property as aforesaid, and within
one year after the service of the certificates as aforesaid, or its last publica-
tion as aforesaid, as the case may be, elect to take the sum of money so offered,
or, in case of joint ownership or tenancy in common, his or her proper pro-
portion thereof, the board or the proper member thereof, shall pay, or cause
the same to be paid to him or her, and shall take therefor a receipt specifying
on what account the same is paid; and such payment shall discharge all claims
of such owner against the state by reason of the premises. But if he or she
shall be unwilling to accept said offer of compensation, he or she may, within
the year aforesaid, notify the board, or the proper member thereof (namely,
the member having special charge of the division where the property was
taken), of such unwillingness, and if the board, or said member, and the
owner can not agree upon the compensation to be paid, the owner may,
at
136
§ (218—22).
BOARD OF PUBLIC WORKS.
Tit. III, Ch. 5a.
any time afterward, within said year, file in the probate court of the county
wherein the property taken was situate when taken, or if it was a tract of
land situate partly in one and partly in another county or counties, then in
the probate court of either of said counties, one of said certificates, or a copy
thereof (which copy shall be furnished to him or her by the board, or proper
member thereof, if demanded), and require the judge of said probate court to
impanel a jury and to issue a venire for them in the manner hereinafter pro-
vided in section four, [§(218-23);] which venire shall be served and returned as
provided in said last named section. Before such venire shall be issued, the owner
shall notify the board, or proper member thereof, when it will be issued.
Upon such venire being issued, the same proceedings shall be had, so far as
the same may be applicable and practicable, in respect to the filling of vacan-
cies, the qualifying of jurors, the power to administer oaths or affirmations,
the making and return of awards, conduct of trials, return of verdicts, exceptions
or petitions in error, and all other matters, as are hereinafter provided in respect
to cases not of public exigency. In cases other than those of public exigency
as aforesaid, the proceedings shall be as follows: the board, or some member
thereof, shall make and officially subscribe as many certificates, in all respects
alike, as may be necessary, stating, First-The intention of the state to appro-
priate the property, use, or easement, describing it as fully and accurately as
would be necessary in a conveyance, and also stating the name of the owner
or owners thereof. Secondly-The specific sum of money that the state is
willing to pay therefor, which shall be such a sum as the board, or the mem-
ber having special charge of the work for which the appropriation is to be
made, shall deem reasonable. Thirdly-That if the owner or owners do not,
within a time to be specified in the certificate (which time such board or mem-
ber may fix, allowing a reasonable period after service or publication of the
certificate, as hereinafter provided), accept said sum as full compensation for
such property, use, or easement, then, after a specified day, the state will cause
the property intended to be appropriated, or in, to, or over which an use or
easement is intended to be appropriated, to be condemned to the state, and
the value of such property, use, or easement to be assessed pursuant to law.
One of said certificates shall be delivered to each of the owners of the prop-
erty intended to be appropriated, or in, to, or over which an use, or easement
is intended to be appropriated, his or her guardian, or publication thereof
made, in the same manner and under the same circumstances herein before
Another of
provided, in respect to the certificates first herein mentioned.
said certificates shall be filed and preserved in the office of the board, with
proof of the service or publication thereof, showing the date or dates of such
service or publication; and if the appropriation be of real property, or of an
easement in or upon such property, and be finally made, it shall be the duty
of some member of the board to indorse upon another of said certificates the
words "appropriation made," with the date when the appropriation was per-
fected, and to officially subscribe such indorsement and cause such certificate
and indorsement to be recorded in the recorder's office of the county in which
the property is situate. If any owner, his or her guardian, as aforesaid, shall,
at any time before the appropriation mentioned in said certificate shall be made,
elect to take the compensation specified in said certificate, or, in case of joint
ownership or tenancy in common, his or her proper proportion thereof, the
board, or proper member thereof, shall cause the same to be paid to him or
her, or his or her. guardian, and shall take the receipt of such owner or
guardian therefor, and upon such payment all the title or right of such owner
137
Tit. III, Ch. 5a.
BOARD OF PUBLIC WORKS.
§ (218-23).
in or to the property, use, or easement appropriated, shall vest in the state:
provided, however, that, in case of joint ownership or tenancy in common,
when some of the owners or tenants elect, and others do not elect, to take the
compensation offered as aforesaid, payment to those electing to take may, in
the discretion of the board or the proper member thereof, be withheld until
the proceedings against those so refusing or failing be terminated, and if, upon
the termination of such proceedings, the board, or proper member thereof,
shall be of the opinion that the amount or amounts assessed, together with
those payable to the joint owner or tenant electing to take the offer of the
state as aforesaid, would be too great to justify the intended appropriation, it
shall be lawful for the board, or such member, to pay the costs of said pro-
ceedings and refuse to make the appropriation; in which event said costs shall
be so paid, and nothing more; and provided, further, that if any owner, his or
her guardian, electing to take the compensation offered by the state as afore-
said, shall fail to make that election until after proceedings for an assessment
shall be commenced as hereinafter provided, he or she shall, before receiving
such compensation, if required by the board, or proper member thereof, pay
the costs of such proceedings, or if the proceedings be against others as well
as himself or herself, his or her proper proportion of said costs, or he or she
may elect to let the state pay the same and deduct it from said compensation.
[56 v. 141; S. & C. 1249.]
(218-23) [The same.] If any owner or owners, notified as provided
in the next preceding section, shall not, within the time specified for that pur-
pose in the certificate mentioned in said section, signify to the board, or
some member thereof, his, her, or their acceptance of the compensation
offered by said certificate to him, her, or them, it shall be lawful for the board,
or any member thereof, at any time after the expiration of the time named in
said certificate for such owner or owners to accept the offer of the board, to
file one of said certificates, with proof of the service or publication thereof,
in the probate court of the county wherein the property intended to be appro-
priated is situate, or, if the property be a tract of real estate, situate partly in
one and partly in another county or counties, then in the probate court of
either of said counties; and thereupon, it shall be the duty of the probate
judge forthwith to notify the clerk of the court of common pleas and sheriff
of the county of the filing of such certificate; and the said clerk and sheriff
shall, within one day after receiving such notice, proceed to draw out of the
box containing the names of persons returned to serve as jurors in the court
of common pleas, a jury of twelve, in the same manner that juries are drawn
for the trial of causes in the court of common pleas, for the purpose of esti-
mating or assessing the damages such owner or owners shall receive by reason
of such appropriation; and the said clerk shall immediately return the names
of jurors, so drawn, to the probate judge, who shall thereupon issue his venire
to the sheriff, or in case of his being a party to the proceedings, to the coroner
of the county, to summon the jurors so drawn as aforesaid, to attend on some
day specified, at the office of said judge, then and there to be impaneled
and sworn to render a just verdict, in the manner prescribed by law. And
the probate judge shall, at the time of issuing such venire, issue a notice to
the several owners of the property described in such certificate, of the time
when such jury will meet at the office of said judge for the purpose afore-
said; which notice such sheriff or coroner shall serve upon the party or parties
therein named, at the time of serving such venire: provided, that if such
owner or owners are non-residents of this state, or are unknown, then publica-
138
§ (218-24).
BOARD OF PUBLIC WORKS.
Tit. III, Ch. 5a,
tion of the objects and purposes of the proceedings shall be made in some
newspaper, published in the county, for thirty days next preceding the time
named in such venire; which notice shall contain a pertinent description of
the property sought to be appropriated, and the name or names of the owner
or owners, if the same be known, and the time and place of the proceed
ings. The probate judge shall have power to issue all subpoenas, and all other
necessary process, and to administer all necessary oaths in the execution of
this act. [56 v. 141; S. & C. 1249.]
(218-24) [Summoning the jury, challenge, and vacancies; oath;
state to open and close; verdict; new trial; exceptions and proceed-
ings in error; record in probate court.] It shall be the duty of the sheriff
or coroner, on receiving such venire, to summon the persons therein named in
the same manner as jurors are summoned to attend the court of common
pleas; and jurors may be challenged and vacancies in the juries filled as in
other cases. The jury shall be sworn to well and truly assess the compensa-
tion to which the owner may be entitled by reason of the premises, without
deduction for benefits to any of his or her property. For good cause shown,
or by consent of the parties, they may be sent in such custody, as the court
shall direct, to view the property, the court appointing the person or persons
whose duty it shall be to show it to them; but all testimony shall be
given in open court. The state shall be entitled to open and close, in giving
testimony, and in the argument. The verdict shall be in writing, signed by
the jurors, or their foreman; but the court, with the assent of the jurors, may
put it in proper form. A new trial shall not be granted, except for miscon-
duct of the jury, or for an erroneous ruling by the court. Exceptions may
be taken, as in other cases, to any ruling of the court in matter of the law, and
a petition in error may be prosecuted in the district or supreme court if filed
within thirty days after the rendition of the verdict, but not otherwise. Such
petition shall not be filed without an allowance by the district court, or by the
supreme court, or a judge thereof. And the proceedings shall not be reversed.
for any error of form, or other error, not affecting the substantial justice of
the case. Upon a reversal of the proceedings, a procedendo may, in a proper
case, be awarded, and a new trial had, if thereby commanded. The probate
judge shall record the proceedings in that court, including the certificate of
intention to appropriate, and the proof of its service or publication, filed in
his office as aforesaid. [56 v. 141; S. & C. 1249.]
State entitled to open and close: Neff v. Cincinnati, 32 O. S. 215, 218. In proceedings to appropriate
property by municipal corporations, see 2 2245, Revised Statutes.
(218-25) [Payment of the costs and compensation; proviso as to
right to refuse to appropriate.] After such appropriation is made, it shall
be the duty of the probate judge immediately to make up the cost bill of such
proceedings, when the board, or proper member thereof, shall, without any
unnecessary delay, pay the same, and shall also pay the adjudged compensa-
tion by drawing his warrant upon the auditor in the manner prescribed by
law, in favor of the proper party; and if the party entitled to such compen-
sation shall not call for the same, the auditor shall nevertheless issue the
proper warrant upon the treasury in his behalf for the same, and shall retain
such warrant until called for; and the money shall be taken and held to be
deposited in the treasury for the use and benefit of the party entitled to the
same, from the date of such warrant: provided, that no interest shall be paid
upon the compensation or costs as aforesaid: provided, that the board or proper
139
Tit. III, Ch. 5a.
BOARD OF PUBLIC WORKS.
§ (218—26).
member thereof, may, at their option, pay the costs and refuse to make the
appropriation, if in their or his judginent, the compensation assessed is too
great to justify the appropriation. [56 v. 141; S. & C. 1249.]
(218-26) [Proof of service of certificates, etc.] Proof of the service
or publication of the certificates aforesaid, when required by this act, may be
made by the affidavit of any person having personal knowledge of the fact.
[56 v. 141; S. & C. 1249.]
(218-27) [As to unknown heirs, etc.; unknown owners.] If the prop-
erty appropriated in a case of public exigency, as hereinbefore provided, or to be
appropriated in other cases as aforesaid, shall belong to the heirs, or devisees of a
decedent, and the names and places of residence of such heirs or devisees, or of
any or either of them, shall be unknown to the board, or the proper members
thereof, such persons whose names and places of residence shall be thus un-
known, may be described in, all and singular, the papers and proceedings
aforesaid, as the unknown heir or heirs, devisee or devisees, as the case may
be, of the decedent, naming such decedent, if his or her name be known to
the board, or said member thereof. But if the name of such decedent be
unknown to the board, or the proper member thereof, or if the names
and places of residence of the owners, or any of them (whether holding by
descent, devise, or purchase), be in like manner unknown, such owner, or
owners, whose names and places of residence shall be thus unknown, may
be described in, all and singular, the papers and proceedings aforesaid, by the
general description of unknown owner, or unknown owners. And such gen-
eral description shall also be sufficient when the residence of the owner, or
owners, is without this state. [56 v. 141; S. & C. 1249.]
(218-28) [Power of married women, and of guardians, under this
act.] Married women, whose property shall be appropriated under this act,
shall be capable of doing all things which it may be lawful or necessary for an
owner to do in the premises, as fully as if they were unmarried and of full
age. And guardians as aforesaid, shall have as full power to act for their
wards respectively, as the wards respectively would have, were they under no
disability. [56 v. 141; S. & C. 12497]
(218-29) [Compensation for the destruction of franchises; how
ascertained.] Corporations, in addition to payment for their property,
real or personal, appropriated as aforesaid, shall be entitled to compensation
for a destruction, total or partial, of the value of any of their franchises
directly caused by such appropriation of their real or personal property, as
follows: If the value of the franchise be totally destroyed, such value shall
be paid and the franchise shall cease to exist; if its value be but partially
destroyed, a ratable compensation shall be made. The compensation to be
thus paid shall be ascertained (if not agreed upon by the board or the proper
member thereof and the corporation), at the same time and in the same
manner that the compensation to be paid for the real or personal property of
the corporation appropriated as aforesaid, shall be ascertained; and the jury
shall state in their verdict, what is the franchise thus injured, or destroyed,
and whether the destruction is total or partial; which finding, if not set
aside in the mode hereinbefore provided for vacating verdicts, shall be con-
clusive evidence of the fact so found,to all intents and purposes. [56 v. 141;
S. & C. 1249.]
(218-30) [Fees of the witnesses, officers, and jurors; jurors'
names to be placed in a box.] The witnesses, clerks, sheriff, coroner, con-
140
§ (218-31.)
BOARD OF PUBLIC WORKS.
Tit. III, Ch. 5a.
stables, and jurors, respectively, for the services required of them by this act,
shall receive such fees as they are paid for like services in similar cases.
The probate judge shall receive for his services, five dollars in addition to the
usual fees for issuing processes and recording the proceedings; the persons
appointed to show the property and take charge of the jury upon a view as
aforesaid, shall receive such fees for their services as the court may allow;
and the expenses of conveying the jurors to the place or places to be viewed,
may be allowed by the probate court and taxed as cost. All names drawn
from the jury box by the clerk and sheriff, as hereinbefore provided, shall be
by them replaced in the box, and the persons whose names were thus drawn
shall be liable to service as jurors in the same manner as if they had not been
drawn for the special service required by this act. [56 v. 141; S. & C. 1249.]
(218-31) ["Costs:" definition thereof, and by whom paid.] By
the word " costs' in this act, taxable costs only are meant. Unless other-
wise herein provided, such costs shall be paid by the state; but upon pro-
ceedings in error, the party failing shall pay the costs in error. Judgment
for cost may be given in favor of the state, and against the owner, by the
court in which the proceedings may be pending, when the owner became
liable to pay costs as aforesaid. It shall also be lawful for the board, or
proper member thereof, to deduct from the compensation to which any owner
may become entitled as aforesaid, all costs for which such owner is liable as
aforesaid, and which such owner shall not have paid, and if such deduc-
tion be made, the board, or said member, shall pay such costs to the persons
entitled thereto, or to the proper clerk for their use. [56 v. 141; S. & C. 1249. j
""
(218-32) [Damages arising from breach in or leakage or overflow
of canal, etc.: proceedings in such cases; per diem of commissioners;
payment of damages of costs; record of decision of commissioners;
duty of board or member as to overflow, etc.] Any person whose property
has been or may be injured by any breach in or leakage or overflow of any
canal, slackwater, pool, reservoir or other work appertaining to such canal,
slackwater, pool, or reservoir, or by the want of capacity, or filling up, of
any culvert thereof, or the washing away of earth caused by any state dam,
under the charge of the board, may at any time within one year from the
occurrence of such breach or commencement of such leakage, or happening
of the injury occasioned by such culvert or dam, apply to the board, or
the proper member thereof, for damages. The board, or such member, and
the claimant, may thereupon agree upon and appoint three disinterested per-
sons to serve as a commission to consider such claim, but if they can not so
agree, the board, or such member, within a reasonable time, shall apply to
the governor to appoint three such commissioners, and the governor shall
make such appointments. The commissioners shall, before entering upon
the discharge of their duties, severally take an oath or affirmation, to faith-
fully and impartially discharge the duties of their appointment. They shall
have like powers as are hereinbefore granted to probate courts in respect
to summoning and qualifying witnesses, and all subpoenas for witnesses is-
sued by them may be served and shall be returned to them in like manner as
if issued by probate courts. They shall meet at such time and place as the
board, or the proper member thereof shall appoint, and shall have power to
adjourn from day to day (Sundays excepted), and from place to place until
their duties be completed. The claimant, when he prefers his claim as afore-
said, may deliver to the board, or member, to whom he prefers it, the name
141
Tit. III, Ch. 5a.
BOARD OF PUBLIC WORKS.
$ (218-32).
of the postcffice within this state at which he desires to be addressed, and if
he do so, it shall be the duty of the board, or proper member thereof, to give
him reasonable notice by letter addressed to him, or any agent named by him
for that purpose, at such postoffice, or personally, of the time and place
appointed as aforesaid, for the meeting of the commissioners. The commis-
sioners shall examine the canal, reservoir, or other work aforesaid, where the
breach, leakage, or overflow occurred, or the culvert or dam, if occasioned
thereby, and also, as far as may be practicable, the property said to be
injured thereby, and shall hear all legal testimony offered by the parties, and
having done so, if they, or a majority of them, shall be of the opinion that
such injury, if any, resulted from defective construction of the canal, reser-
voir, culvert, or other work aforesaid, and that such defect might have been
avoided by the use of ordinary skill and care in the construction thereof, or
that it resulted from the want of proper care in the officers or agents of the
state, in maintaining the same, or keeping the same in repair, and also, that
the injury was unavoidable by the use of reasonable precaution, vigilance, and
care on the part of the claimant, then, but not otherwise, the commissioners,
or a majority of them, shall award to such claimant such damages, by reason
of the premises, as may be just. Their decision, whether in favor of or
against the claimant, shall be in writing, signed by those who concur therein,
and shall be delivered by them, with all subpoenas by them issued, and a
statement of the number of days they were engaged in the discharge of their
duties to the board, or proper member thereof. Each of them shall receive
for his services two dollars per day, if such services be performed in the
county wherein he resides; but if performed in another county or counties,
he shall receive three dollars per day, and mileage at the rate of three cents
per mile.
Such damages and the costs incident to their ascertainment as
aforesaid, shall be paid by the board, or proper member thereof, out of any
moneys appropriated by the general assembly for that purpose: provided,
however, that if the damages so awarded shall not exceed the costs aforesaid,
such damages shall not be paid; and provided, further, that if the commis-
sioners, or a majority of them, determine that the claimant is not entitled to
damages, he shall pay the costs; and provided, further, that it shall be law-
ful for the board, or proper member thereof, at any time before the decision
of the commissioners, to offer to pay the claimant such sum of money as the
board, or said member, may think him entitled to by reason of the premises,
which sum, if he agree to accept it, shall be paid to him, and shall discharge
his claim; but if he refuses to accept to [it], he shall pay all costs incurred
subsequent to such offer unless a larger sum be awarded to him by the com-
missioner than the sum so offered. Costs for which the claimant may become
liable as aforesaid, may be recovered of him by action in the name of the
state. The board shall cause the decision of the commissioners to be
recorded in a book to be provided by them for that purpose, and such
decision shall bar the claimant from again preferring the same claim against
the state. If one of the commissioners fail to serve, the other two may appoint
a suitable person to fill the vacancy; if more than one so fail, the vacancies shall
be filled by appointments by the governor: provided, however, that when
from the circumstances of the case it shall be apparent that such overflow and
consequent injury, will be of frequent occurrence, it shall be the duty of the
board, or member having the division in charge, to proceed under this act to
appropriate for the use of such canal, slackwater, pool, or reservoir, an ease-
ment in the property affected, and acquire the right to overflow such lands to
142
§ (218-33).
BOARD OF PUBLIC WORKS.
Tit. III, Ch. 5a.
the extent to which they are liable to overflow by the works as constructed at
the time of such appropriations, and the compensation awarded to the owner
shall be in full for such easement, and shall bar any claim of the owner of
such lands for damages thereto, accruing after the commencement of such
proceedings for appropriation, by reason of any overflow and consequent
injury resulting from said works as constructed at said time. [56 v. 141; S. &
C. 1249.]
(218-33) [Payments shall be out of appropriations.] All payments
required or authorized by this act to be made by the board, or either of their
members, shall be made out of the moneys appropriated for the purpose by the
general assembly. [56 v. 141; S. & C. 1249.]
This section is printed as it appeared in the revision of 1880. Quære: Is it repealed by the act of May 4,
1878 (75 v. 59). See 2 (218-1) et seq.
SEC. 15. [This section is fully covered by sections nine and ten of the act
of March 24, 1860: 57 v. 73; and therefore repealed by implication.] [56 v.
141; S. & C. 1249.]
Act of March 24, 1860 (57 v. 73), was repealed by 75 v. 591.
(218-34) [Members of the board authorized to administer oaths.]
Where the determination of any matter is or may be devolved by law upon
the board, or either of their members, and the examination of witnesses shall
be necessary, or proper, to enable them or him to determine the same, and in
all cases in which affidavits are, or may be, required by law to be filed in the
office of the board, or delivered to a member thereof, or to be filed by the board,
or a member thereof, in any other office, the oath or affirmation to the witness
or affiant may be administered by either of the members of the board. [56 v.
141; S. & C. 1249.]
To
(218-35) [Meaning of words and terms used in this act.]
give effect to the true intent of this act, any word herein importing one gen-
der may be construed to include persons or thing, of any other gender; any
word importing the singular number may be extended to and applied to
several persons or things; any word importing the plural number may be
deemed also applicable to a single person or thing. The word "board," when
used in this act, means the board of public works, and the term "proper
member of the board," or an equivalent expression, means the member of
said board of public works having, or who may have, under his especial
charge or supervision, the division of the public works for which an appro-
priation of property or rights may be made or attempted to be made, or for
an injury occasioned by a defect or mismanagement of which, as aforesaid, a
claim to damages may be made. [56 v. 141; S. & C. 1249.]
(218-36) [Repealing section; saving clause.] The act entitled
an act to amend an act entitled an act to abolish the board of canal
commissioners, and to revive the board of public works, and the several acts
supplemental and amendatory thereto, and for the better regulation of
those having in charge the public works of this state," passed March 6, 1845,
and the act entitled " an act to amend the act entitled 'an act to provide for
the internal improvement of the state of Ohio, by navigable canals,"" passed
February 13, 1832; and the act entitled "an act further to amend the act
entitled 'an act to provide for the internal improvement of the state of Ohio,
by navigable canals,'" passed February 27, 1849; and sections fifteen, sixteen,
seventeen, eighteen, nineteen, twenty, and twenty-one, of the act entitled" an act
for the regulation of the public works of the state of Ohio," passed April 12,
1858, are hereby repealed: provided, however, that the repeal of said acts shali
in no manner affect any act done, or right that has accrued under, or in pur-
143
Tit. III, Ch. 5a.
BOARD OF PUBLIC WORKS.
§ (218-37).
suance of them, or of either of them; and all pending proceedings under said
acts, or either of them, may be completed as though this act had not been
passed, or such pending proceedings may, in future, so far as may be practi-
cable, be carried on in conformity to the provisions of this act. This act shall
take effect from its passage. [56 v. 141; S. & C. 1249].
(218-37) [Material, etc., excavated from canal may be appropri-
ated to public use, etc.] The board of public works shall have the right to
take and use any stone, rock, gravel, or other materials excavated from any
canal or feeder, the construction of which is committed to their care, when-
ever the same may, in their opinion, or in the opinion of any engineer, or any
agent, be necessary to be used in the construction or protection of any such
canal or feeder, or of any work appertaining thereto; and it shall be unlawful
for any person to take, carry away, or use any stone, rock, gravel, or other
material, so excavated from a canal or feeder, without having first procured
the assent, in writing, of the acting commissioner of said board, or the engi-
neer having charge of said canal or feeder. [35 v. 104; Swan 759; S. & C. 1247.]
Material on abandoned part of Walhonding canal to be used by Board of Public Works,
see ? (218-301).
(218-38) [Who authorized to sue for penalties relating to public
works.] The board of public works, and each acting commissioner of said
board, shall be authorized to commence and maintain, in the name of the state,
suits for all violations of any law or laws relating to the public works of the
state, for all damages done to any of said works, and for the injury or taking
of any property of the state, appertaining to any of said works. [35 v. 104;
Swan 759; S. & C. 1247.]
•
(218-39) [Salaries of engineers on public works.] Each engineer
appointed by the board of public works shall receive a salary of twelve hun-
dred dollars per annum, which shall be paid in quarterly installments, at the
close of each fiscal quarter, as now established, out of the state treasury, upon
the warrant of the auditor of state; but said auditor shall not draw his war-
rant without the check of the acting commissioner of the proper division, for
the amount due said officer for such quarter, or any part thereof, according to
the facts of the case; and it is hereby made the duty of such acting commis-
sioner to ascertain the amount due for services of each of such officers quar-
terly, and issue his check accordingly, in the same manner as for any other
claim against the state. [62 v. 175.]
[Repealing clause.] That an act entitled "an act to abolish the office of the
secretary of the board of public works, and to fix the salaries of the engineers
on the public works," passed the 3d of April, 1862, except the second section
thereof, be and the same is hereby repealed. [62 v. 175.]
(218-40) [Board of public works must keep record of proceedings;
salary of clerk.] Section two of an act entitled "an act to fix the salaries of
the engineers of the public works," passed April 13, 1865, be amended so as to
read as follows: SEc. 2. It shall be the duty of the board of public works,
when assembled together in their official capacity, to keep a correct and com-
plete journal of their proceedings, which shall at all times be subject to the
inspection of a committee of either branch of the general assembly, or any
person authorized by law to examine the same, or any person who may be in-
terested in the proceedings of said board; and the said board may employ a
clerk for said board, at a salary not exceeding eight hundred dollars per annum.
[63 v. 123; S. & S. 652.]
(218-41) [Proposals and contracts: when and how filed, deposited,
etc.] All bids or proposals for contracts, received by the board of canal com-
missioners, or by any acting member or commissioner thereof, shall be care-
fully preserved, classified, indorsed, filed and deposited in the office of the
144
§ (218—42).
BOARD OF PUBLIC WORKS.
Title III, Ch. 5a.
board, at Columbus; and copies of all contracts made by said board, or by
any member thereof, either for work or materials, for water privileges, and
land on which such privileges are to be used, either purchased or sold, shall
be indorsed, classified, filed, and deposited in said office, within six months
after the same shall have been made. [36 v. 63; Swan 759; S. & C. 1248.]
(218-42) [No extra allowance to contractors unless.] No allowances,
over and above the contract price, shall be made by an acting commissioner
to any contractor, unless such extra allowance shall be directed by the board
of public works, which board shall have power to make extra allowances as
they may judge reasonable, to any contractor for work performed, or to be
performed, and direct the same to be paid out of the proper fund: provided,
such extra allowance shall not be made for or include losses resulting to the
contractor from the unfavorable terms of his contract, but shall be confined
to an indemnity for extra expenses and labor in constructing the work con-
tracted for, occasioned, either by new directions given by an acting commis-
sioner or engineer after making the contract, or, where, in consequence of
the work proving to be of an entirely different character or description from
what it was understood and contemplated to be by the acting commissioner
or engineer at the time of making of the contract: provided, that nothing in
this section shall be so construed as to apply to contracts made prior to the
passage of the act to create a board of public works, passed March 4, 1836.
37 v. 45; Swan 760; S. & C. 1244.]
(218-43) [How claimed.] Every contractor claiming an extra allow-
ance shall present a petition in writing to the board of public works, stating
the facts on which his claim is founded, and the sum demanded as an indem-
nity, and shall support his petition by such proof as the board shall require ;
and every such petition with the proof in support thereof, and the order of
the board thereon, shall be preserved and filed in the office of the board of
public works. [37 v. 45; Swan 760; S. & C. 1244.]
(218-44) [How bids therefor to be made and acceded to; the con-
tract.] Contracts shall be awarded to the lowest responsible bidders. They
shall, in all cases, be made in writing, and executed by the parties before the
work shall be commenced, and shall contain specific prices, agreeably to the
proposals for each kind or description of work to be performed, or articles to
be furnished, under the contracts. [37 v. 45; Swan 760; S. & C. 1244.]
An amendment of this act, passed March 29, 1841 (39 v. 43), provided for the employ-
ment of resident and assistant engineers, their assignment, and compensation.
Scioto river to be cleared by Board of Public Works from sandbars, etc., from southern
terminus of Ohio canal to Ohio river, so as to allow free passage of boats. Act of April 27,
1872; 69 v. 171.
(218-45) [Each superintendent's quarterly statement.] It shall be
the duty of each superintendent to render quarterly statements of his accounts
to the resident engineer, in which he shall give the date and amount of each
item of expenditure, specifying the time, place, and amount of labor per-
formed, the rate of compensation allowed per day, week, or month, as the
case may be, with names of the persons performing such labor, or contract,
together with a list of the articles purchased, and incidental expenses incurred,
with the date of each item of expenditure, and the names of the persons
entitled to compensation in the amount so rendered. [42 v. 74, S. & C. 1244.]
(218-46) [Each resident engineer's quarterly statement; deposit,
etc., thereof, etc., and certificate and payment thereon.] That each resi-
dent engineer shall make quarterly settlements with the several superintend-
ents of the public works under his charge, and the vouchers and accounts of
the superintendents, as allowed by him, shall remain in the possession of said
engineer, as vouchers for the certificate which he shall issue; and he shall
certify to the acting commissioner of public works that he has examined the
145
Tit. III, Ch. 5a.
BOARD OF PUBLIC WORKS.
§ (218—47).
account of the superintendent, and allowed the amount for which he has drawn
the certificate, and a full copy of said account, allowed by the engineer, shall
be deposited with the acting commissioner before he issues his check on the
treasurer of state, for the sum specified in the certificate of the engineer.
[42 v. 74, S. & C. 1244].
(218-47) [No blank checks; delivery of check.] That it shall not be
lawful for any acting commissioner to deliver to any person any check, or
check-book, signed in blank as such acting commissioner; nor shall he
employ any agent to deliver his check to the person entitled thereto, but shall,
at stated periods hereinafter mentioned, attend in person, for the purpose of
paying out his check to the persons entitled thereto. [42 v. 74, S. & C. 1244].
(218-48) [Where, when, and how often to pay out checks.] That
it shall be the duty of each acting commissioner to attend in person on the
line of the work under his charge, at such places as convenience may require,
to be designated by the board of public works, and made public in such man-
ner as they shall direct, at regular periods, often as once in three months, for
the purpose of paying out his check to persons entitled thereto, on the certifi-
cates of the resident engineers; and it shall be unlawful for any acting com-
missioner to pay out his check at any other times than as in this section pre-
scribed: provided, that if sickness, or other unavoidable casualty, shall pre-
vent the attendance of the acting commissioner at such times, he shall deliver
his checks to persons so entitled thereto, afterward, on request by such
persons. [42 v. 74, S. & C. 1244].
(218-49) [Sale of certain lands given to canal fund; certificate
therefor.] That the canal commissioners are hereby authorized and empow-
ered to sell all such lands and town lots as have heretofore been, or may here-
after be given, granted or ceded to the state for the benefit of the canal fund,
other than those which are situated at points or places on or adjoining the
line of the Ohio canals, where the surplus water produced by said canals
can be advantageously used for hydraulic purposes; and on the receipt of
the payment, in full, of the purchase money, it shall be the duty of the
commissioner making the sale of such lands or town lots, to forward to the
executive office a certified plat and survey of such lands or town lots, con-
taining a pertinent description thereof, together with a certificate that pay-
ment has been made in full, according to the terms of the sale, stating therein
the amount thereof, and that the purchaser is entitled to a deed of the lands or
town lots therein described; which plat and certificate shall be filed and pre-
served in the office of the secretary of state. [24 v. 58; S. & C. 1245].
See case of Hubbard v. Toledo, 21 O. S. 379.
This act did not authorize the sale of any part of the lands used for the canals or their feeders, dykes,
etc.: State v. Snook, 53 O. S. 521.
An amendment of this act, passed April 3, 1837 (35 v. 119), authorized the board of
public works to purchase twenty thousand dollars' worth of land in addition to land already
purchased, on or adjoining the Ohio canal, between Portsmouth and Cleveland, on the
Miami canal south of Dayton, and on the extension of the Miami canal north of Dayton.
(218-50) [Agents may be appointed to purchase and sell such
lands.] For the purpose of carrying into effect the provisions of this act,
the canal commissioners shall have power to appoint one or more agent or
agents, who shall be a member or members of said board; and the acts of the
said agent or agents, performed by virtue of their appointment, shall have
the same force and effect, as if performed by the canal commissioners. [24 v.
58; S. & C. 1245.]
(218-51) [Commissioners may purchase mill sites; surplus water.
Where any feeder to either of the canals of this state, from any stream which is
not navigable and a public highway, has been constructed or may hereafter be
►
11
146
§ (218-52).
BOARD OF PUBLIC WORKS.
Tit. III, Ch. 5a.
constructed, at the expense of the state, by which a greater quantity of water
may be introduced than is required for the purposes of navigation, thereby
creating valuable hydraulic privileges, either on said feeder or on the canal
receiving water therefrom; and where the introduction of such additional
quantity of water will injure mills or mill sites on such stream, between the
point where the water is to be taken out, and the point at which it is to be
returned into such stream, the canal commissioners shall be authorized to pur-
chase for, and on behalf of the state, any such mill or mill site so liable to
be injured, or the right to take from such stream such additional quantity of
water, as either may be deemed best for the interest of the state: provided,
the sum to be paid for such mill, mill site or privilege, shall in no case exceed
two-thirds of the sum for which the commissioners shall have ascertained the
hydraulic privilege, to be supplied by such additional quantity of water, can
be sold; or said commissioners may, at their option, convey to any owners of
any mill or mill site, so liable to be injured as aforesaid, a part of the water
power to be created as aforesaid, as a compensation for the damages sustained
by the taking such additional quantity of water from such stream. [29 v. 398;
Swan 757; S. & C. 1246].
(218-52) [Damages for loss of water on streams.] The board of public
works, and commissioners by them appointed, shall entertain no application
for damages for loss of water on streams, either navigable in fact or declared
so by law, unless it be shown that the water abstracted from such stream for
canal purposes, was necessary to operate mills or other hydraulic machinery in
actual use at the time the water was so abstracted. [46 v. 89, S. & C. 1247.]
(218-53) [Expense of surveys and estimates: how paid and
charged.] The board of public works shall keep an accurate account of the
expenses incurred in making surveys and estimates ordered to be made by the
general assembly, of all contemplated works of internal improvement; and all
such expenses (excepting therefrom the wages of any engineer in the constant
employment of the board, who may be employed in such survey, when their
services are not otherwise required), shall be paid out of any money in the
treasury, arising from the general revenue of the state, not otherwise appro-
priated, on the warrant of the auditor of state, in favor of the board of
public works, or any member thereof, duly authorized by said board to re-
ceive the same: provided, that when any canal or other work of internal
improvement, previously estimated and surveyed, shall be made, or ordered to
be made, by the state, then, and in that case, all the expenses of said previ-
ous surveys and estimates shall be charged to the fund applicable to the mak-
ing of said work; and the state treasurer shall be credited with the amount
drawn out for such surveys and estimates. [35 v. 110; Swan 759; S. & C. 1248.]
(218-54) [Board of public works to take charge of certain slack-
water.] The board of public works are hereby authorized and required to
take charge of the slack-water created by the Trenton feeder dam, in Tuscarawas
county, extending from the head of said feeder to Uhrichsville, for the purpose
of removing bars or other obstructions from the channel thereof, and keeping
the same open for navigation. [53 v. 103].
[Laws in force to extend to said slack-water.] All laws in force in re-
lation to the navigation, protection and repair of the public works of this
state be and the same are hereby extended to said slack-water. [53 v. 103].
See "History of Ohio Canals," at end of chapter.
(218-55) [Sandy and Beaver canal may become part of public
works.] The board of public works are hereby authorized and required, in
the name and for the use of the state of Ohio, to take possession of, and adopt
147
Tit. III, Ch. 5a.
BOARD OF PUBLIC WORKS.
$ (218-56).
as a part of the public works of this state, and as a feeder of the Ohio canal,
that part of the Sandy and Beaver canal, extending from its junction with the
Ohio canal at the town of Bolivar, to the head of the slack-water pool, created
by the dam across Sandy creek, below the town of Sandyville, in Tuscarawas
county, together with all the waters, works, privileges, appurtenances, and
devices of every name and nature appertaining thereto, or connected therewith.
[53 v. 197; S. & C. 223].
(218-56) [And upon what prior conditions.] Before the board
of public works shall take possession of, and adopt said Sandy and Beaver
canal, as mentioned in the preceding section, the present owners thereof shall
put said canal in such good and substantial repair as shall be acceptable to
said board, and shall make to the state of Ohio a good and sufficient title, to
be approved by the board of public works and the attorney-general, and shall
execute to the state a bond to be approved by the board and the attorney-
general, indemnifying the state against all claims for loss or damage accruing
prior to the adoption of said work by the state, and provided that such por-
tion of such canal shall be taken possession of and adopted only in case the
present owners shall make a conveyance of the same to the state, by which
the whole title of such owners may be conveyed; and provided, also, that the
state of Ohio shall be compelled to pay no consideration for the same other
than to agree to keep in repair such portion of such canal while the same may
be the property of the state, so soon as the same shall be accepted by the
board of public works, and conveyed to the state in the manner in this act
provided. [53 v. 197; S. & C. 223].
SEC. 3. That all laws in force in relation to the location, construction,
repairing, regulation, protection, and navigation of the canals of this state,
are hereby extended to said part of said Sandy and Beaver canal. [53 v. 197;
S. & C. 2231.
See History of Ohio Canals," at end of chapter.
(218-57) [Attorney-general to purchase certain lands.] The attor-
ney general of this state is authorized and directed, without unnecessary delay,
to purchase, on behalf of the state, from the widow and heirs of John Wolfe,
deceased, the following described lands, situate in the township of Stokes, in
the county of Logan, and state of Ohio, and being the southeast quarter of the
southeast quarter of section twenty-seven, town[ship] six south, of range eight
east, in the district of lands that were subject to sale at Lima, Ohio, contain-
ing forty acres provided, nevertheless, that such purchase shall not be made
unless it can be done at a cost of not exceeding one thousand eight hundred
and ninety dollars; and said lands shall not be paid for until there shall be
executed by said widow and heirs, or by good and lawful authority on their
behalf, and delivered to the attorney-general, a good and sufficient deed con-
veying the said land in fee unincumbered to the state. [66 v. 353.]
(218-58) [Appropriation therefor.] There is hereby appropriated
from any money in the treasury not otherwise appropriated, the sum of one
thousand eight hundred and ninety dollars, for the purchase of said lands of
the said widow and heirs of John Wolfe, deceased, said purchase money to be
certified for by the attorney-general. [66 v. 353].
LEASES OF PUBLIC WORKS.
Ten years lease required to be made of the public works, see act of May 8, 1861,
(58 v. 117).
Renewal of above lease for ten years, from June 1, 1871, required by act of April 11,
1877, (64 v. 330).
Supervision of board to continue notwithstanding above lease, act of April 25, 1861,
(58 v. 105; S. & S. 651).
148
§ (218-59).
BOARD OF PUBLIC WORKS.
Tit. III, Ch. 5a.
Act reciting that the above lessee had assumed to surrender the lease on Dec. 1, 1877,
and that this was in litigation, and appropriating $30,000 for repair of the public works,
passed May 13, 1878, (75 v. 539).
Act for collecting tolls on the national road (67 v. 46) has become obsolete by the con-
veyance of the road to the various counties, see? 4933.
Lease of part of bank of Miami and Erie canal in Troy to Troy Wagon Works Co.,
see ? (218—245).
Canal commission to lease lands in Akron to Valley Railway, see 91 v. 145.
(218-59) [Mode prescribed for leasing State property by board of
public works.] It shall be unlawful for the board of public works to lease
any property belonging to the State which is under their control and man-
agement, unless the same be authorized by the general assembly. [83 v. 118.]
[218-60) [Survey, plat, lease, etc.] Whenever such action has
been taken by the general assembly, it shall be the duty of the board to have
an accurate survey and plat made of the property to be so leased, with a
proper description of the same, which shall be filed with the auditor of State,
who shall record the same in a book to be kept for that purpose, after which
it shall be the duty of the board to offer the same as a whole, or if divisible
it is so to be noted on the plat and then to be leased in separate tracts; and
in either case it is to be offered and sold at public outcry in the city or cor-
poration where the same is located; and should it be located outside of any
city or corporation, then in the city or corporation nearest such property to be
leased; provided, however, before leasing the same, the board shall cause
public notice to be published at least four weeks in some newspaper published
in said city or corporation, and if none [be] published in such place, then
in the county seat where such property is located. giving the location, condi-
tion, and number of years to be leased. [83 v. 118.]
(218-61) [Collection of the rents, etc.] After said property is leased,
attested copies, and the collection of rents shall be the same as provided
in sections six and seven of the act of May 14, 1878 (75 v. 584, 3 Rev. Statutes,
page 374), entitled "an act defining the powers and prescribing the duties
of the board of public works," provided, however, that nothing herein con-
tained shall prevent the board from leasing for water power or purposes as
provided in section six of such act. [83 v. 118.]
See ? (218-1) et seq.
(218-62) [Board of public works authorized to lease or permit
railroad company to occupy specified lands; provision making company
responsible by contract for loss or damage; privileges forfeited on failure
to comply with provisions of act.] The board of public works of the state of
Ohio be and they are hereby authorized, upon such terms and for such com-
pensation as said board shall deem just, to lease to, or permit the Paulding
and Antwerp railroad company to use and occupy the south bank of the six-
mile reservoir, in Paulding county, for a road-bed, and also to permit said
railroad company to cross the southwest corner of said reservoir with its rail-
road, using either trestle work or piling in crossing said reservoir at said
southwest corner, as said railroad company may deem best: provided, however,
that said railroad company, before taking possession of said reservoir bank,
shall enter into a contract with the state of Ohio, said contract to be prepared
by the attorney-general, binding said company, their lessees, assigns, or per-
son or persons occupying the said reservoir bank, to be responsible for and
pay all damages caused by overflow of water, or otherwise resulting from the
construction of the bed of said railroad, and also for all damages which may
result from the flowing of water across the track of said railroad on said
premises, to forever keep the same in good repair for reservoir purposes,
149
Tit. III, Ch. 5a.
BOARD OF PUBLIC WORKS.
§ (218—63).
which repairs shall be made under the direction of the board of public
works; and the right of said company to use and occupy said bank shall
cease, and the state shall be entitled to the immediate possession of the same,
whenever said company shall fail or refuse to pay said damages or to repair said
bank, or pay the compensation agreed upon, when requested by the board of
public works. [76 v. 80.]
(218–63) [To Toledo and Grand Rapids R. R. Co.; public works and
navigation on canals not to be injured by construction of road-bed; com-
pany to pay annual rental to state; increase of rental and appraisement
every ten years; penalty for failure to comply with act.] The board
of public works be and they are hereby authorized, if the interest of the
state will be subserved thereby, to lease to the Toledo and Grand Rapids rail-
road company and its successors the right to construct, maintain, and operate
a railroad on and over the lands belonging to the state, situate within the cor-
porate limits of the city of Toledo; said grant or lease shall include only
such amount of said land and be of and over such part thereof, upon such
terms and for such consideration as said board shall determine will be for the
best interest of the state, and fully compensate it; but said road shall be con-
structed upon such part of said real estate, and over such canal at such a point
as will not injure the public works or interfere with hydraulic power or navi-
gation provided, that the part so leased shall not exceed thirty feet in width:
provided further, that the said railroad company, or its successors, shall pay to
the state the amount of annual rental agreed upon when the same becomes
due. The said rental may be increased every ten years, at the instance of the
board of public works, by five disinterested appraisers, three of whom shall
be appointed by said board and two by said railroad company; before making
such appraisement, said appraisers must be duly sworn to faithfully and im-
partially appraise said lease; and they and their successors shall permit all other
roads of like gauge, who desire, to use their track or tracks, for a reasonable
compensation, to be fixed by agreement or arbitration; and upon failure to
comply with any of the provisions of this act the lease shall be null and void.
Nothing in this grant shall be so construed as to prevent placing said railroad
property on the tax duplicate for taxation by the several counties through
which it passes. [76 v. 81.]
(218-64) [Rents accruing on leases of water-power to be first lien
upon estates.] All rents accruing upon leases of water-power or other rights
or property of the state of Ohio, heretofore or that may be hereafter made by
the board of public works or other officer of state, shall be a first lien upon
the estates created by such lease. And whenever such leasehold estate shall
be sold upon proceedings in partition, or shall be taken by the election of any
of the parties to such proceedings, or when sold at judicial sale, or by admin-
istrators, executors, guardians, or trustees, the court shall order the rents due
upon said leasehold estates to be discharged out of the proceeds of such sale
or election. [61 v. 55.]
(218-65) [Leases, how to be recorded.] All leases deposited in the
office of the said board of public works, in which the state is interested, shall
be recorded in suitable books to be provided for that purpose. [45 v. 54.]
Canal leases are to be recorded in the office of the Board of Public Works, and need not be acknowledged
before an officer by such board: Emmitt r. Lee, 50 O. S. 662.
Doubted whether the record is compulsory on the lessee or whether it is for purposes of notice: Detwiler
v. Toledo, 5 C. C. 360, 371.
150
Tit. III.
BOARD OF PUBLIC WORKS-CANALS.
Ch. 5a.
CANALS.
See "History of Ohio Canals," at end of chapter.
SECTION
218-66. The digging of ditches or removing earth
near canals, etc., prohibited.
218-67. Or the putting dead animals in canal.
218-68. Penalties therefor, and prosecution.
218-69. Further remedies therefor.
218-70. Leading, driving, etc., animal along tow-
path or bank of canal.
218-71. For obstructing navigation.
218-72. For sinking vessels, stone, etc., and obstruct-
ing towing path.
218-73. The erection of dam, bridges, etc., without
permission, prohibited.
218-74. Penalty therefor.
218-75. Penalty for obstructing the free use or in-
juring gates, or destroying bridges.
218-76. The lien of the state on materials furnished
by contractors.
218-77. Penalty for injuring banks, culverts, etc.
218-78. Section twelve of said act extended to gates,
etc., of canal.
218-79. Or for taking water from canals.
218-80. Proceedings when a road is occupied by the
canal.
218-81. County to build and keep up bridges on
new roads crossing canals; plan; penalty
for constructing bridge, etc., without per-
mission.
218-85. Penalty for using.
218-82. Drawing off the water from canals.
218-83. Penalty for interference.
218-84. Use of water power.
218-86. Lease and sale of water power.
218-87. Water passing around locks.
218-88. None but surplus water leased.
218-89. Reservation and condition of every lease.
218-90. Proceeds of such sales or rents: how ap-
propriated
218 91. Proceedings against boatmen, etc., for tak-
ing or for injuring property, etc., in vicin-
ity of canal.
218-92. Forfeiture to be chargeable on boat, etc.
218-93. Attachment of boat for a penalty or for-
SECTION
218-124. When a clerk may do the duties of collec-
tor.
218-125. When collector may refund tolls.
218-126. Certificates of registry for each boat.
218-127. If the owners reside out of the state, on
change of master, new certificate.
218-128. Receipt for and record of certificate; rec-
ord open for inspection; name of boat
not to be changed, unless, etc.
218-129. Collector to transmit copy of registry to
other collectors, who shall record it.
218-130. When boat transferred, how registry
changed.
218-131. Boat to be registered before clearance is
granted.
218-132. The persons named in the certificates to be
considered owners of boats.
218-133. Penalty for changing name of boat.
218-134. New certificate when name is changed.
218-135. How and where name of boat, etc., shall
be painted on it.
218-136. Clearance for boats necessary.
Who shall issue clearances.
218-137.
218-138.
218-139.
How far boats may proceed without clear-
ance.
To whom tolls are to be paid before clear-
ance issued.
218-140. Bills of lading; how made out.
218-141. To whom bills of lading shall be exhibited.
218-142. Property taken on board during the voy-
age to be reported to first collector, and
tolls paid.
218-143. And bills of lading thereof exhibited to
first collector, etc.
218-144. Transportation between collectors' offices
to be reported and paid within ten days;
penalty for not so doing.
318-145.
Penalty for non-delivery of true bills of
lading, or not paying tolls.
And for signing or delivering false bills;
treble rates.
218-146.
218-147.
And fine.
218-148. Bills to be verified by oath.
Collectors may administer oaths.
Master to report errors in bills of lading,
etc.; penalty.
feiture.
218-94. Proceedings therein.
218-149
218-95. Guard-plate under keels.
218-150.
218-96. Penalty-spikes, nails, etc., projecting from
side or bottom of boats.
218-151.
218-97. Boats running against lock.
Property to be cleared no farther than the
boat.
218-98. Disputes about places of mooring, unlading,
etc., how settled.
218-152.
218-99.
Bow of boats.
218-100. Rafts of round timber or fire wood, etc.
218-101. Injuring locks or other works.
218-153.
218-102. Running boats too fast.
218-103. Rule when a boat overtakes another.
218-104. When boats pass each other.
218-105. In narrow part of canal.
218-106.
Which boat first entitled to lock.
218-107. Lock-tender or state agent to settle dis-
putes.
218-108. Setting-poles, etc., pointed with iron.
218-109. Position of lock gates when boat enters.
218-110. After it enters.
318-111. When boat passes out.
218-112. Boats injuring locks or their appendages.
218-113. Violently closing gates, etc.
218-114. Penalty for violating any of the eleven
preceding sections; who liable therefor;
penalty agaiust lock-keeper under five
preceding sections.
218-115. Precedence as to locks; penalty for inter-
ference.
218-116. Penalty for obstructing canal by improper
218-117. Or by sinking things, or obstructing tow-
218-118. Further remedy, etc., under three preced-
mooring, etc.
ing path, etc.
ing sections.
218-119. Officers may sell articles floating, etc.
218-120. How owner may stop such sale.
218-121. How proceeds of sale accounted for.
218-122. When proceeds may be paid to owner.
218-123. Board to appoint collectors; their bond;
salary.
No boat to proceed beyond place cleared
to, etc., unless, etc.; delivery of clear-
ance.
If no collector at such place, delivery to
last collector passed.
218-154. Penalty for not delivering clearance.
218-155. Collector to give a certified copy of clear-
ance, etc., when required; fees therefor.
218-156. Validity of such certified copies.
218-157. When collector may detain boat and weigh
cargo; who to pay expense thereof.
218-158. Detention until tolls or expenses are paid.
218-159. Collector's sale to pay tolls, etc.
218-160. Surplus avails of sale.
218-161. List of canal passengers; list and clear-
ance to be delivered to collector, etc.
218-162. Master's oath to correctness of list of pas
sengers, etc.; to pay tolls.
218-163. Penalty for refusing to make such oath,
etc., or to pay tolls.
218-164.
Penalty for refusing to make list of pas-
sengers.
218-165. Or presenting an incorrect list.
218-166. Who considered passengers.
218-167. Tolls to be paid before clearance issued;
no new clearance granted till all previous
tolls paid.
When permit, instead of clearance, may be
issued.
218-168.
218-169.
218-170.
Proceeding where voyage is commenced
more than a mile from a collector's office.
Collectors who receive bill of lading to
make out certificate, etc., which shall be
signed by master, etc.
218-171. Who to make certificates of additionak
cargo.
151
Tit. III.
BOARD OF PUBLIC WORKS-CANALS.
Ch. 5a.
SECTION
218-172. Penalty under two preceding sections, and
for signing false certificate.
SECTION
plats; bridges, aqueducts, culverts; lands
not needed for canal purposes; channel
distances and courses; oath; bond; sal-
aries; expenses; appropriation; term;
removals; vacancies.
218–173.
Articles in´´ certificate to be entered on
clearance, and how.
218-174. When clearance shall be presented to col-
lector.
218-222.
218-175. Bills of lading, cargo, and clearance to be
examined and compared, and tolls paid,
before boat shall proceed.
218-223.
218-224.
Arbitration and award as to rights of occu-
pants.
Employment of surveyors; duty of chief
engineer of board of public works.
Witnesses; where testimony, maps, etc.,
shall be deposited; transcript.
218-176. Penalty for passing by or leaving collec-
tor's office without clearance or permit.
218-177. For unloading, etc., without permit.
218-178. Boats, etc., navigating without authority,
to be stopped.
218-179. Clearance to be exhibited to lock-tender
or superintendent, when demanded, or
boat stopped.
218-180. Penalty under two preceding sections.
218-181. Property belonging to the United States to
pass free of tolls.
218-182. How to ascertain that property belongs to
the United States.
218-183. Liability of owners, part owners, etc., to
penalties, tolls, etc., incurred by master,
etc.
218-184. Meaning of term "float;" "master."
218-185. When collector to deposit, in auditor's
office, accounts, clearances, and books.
218-186. Daily abstracts to be kept by collectors,
and when to be transmitted to auditor.
Collector to be removed and sued if he
neglects to deposit, or to transmit, ab-
stract and accounts.
218-187.
218-188. Penalty if collector uses or loans moneys
collected.
218-225.
Lauds not necessary for actual use may be
leased.
218-226. Lease of unoccupied lands; how lands to
be appraised.
218-227.
When rights of occupants or persons claim-
ing ownership forfeited; owners may re-
move building.
218-228. Leases to be prepared by attorney-general;
what to contain.
218–229.
218-230.
218-231.
When and for what purpose action may
be brought.
For what purpose lands may be leased.
When land may be sold; terms, etc.
218-232. Canal commission: governor authorized
to appoint.
218-233.
218-234.
218-335. Canal commissioners; general provisions.
218–236. Canal commissioners; general provisions.
218-236a. Canal commissioners; general provisions.
218-237. Canal commissioner required to collect
documents pertaining to title of state in
land.
[preserved.
Such documents must be recorded and
Canal.
Canal commissioners; general provisions.
Appropriations.
218-238.
218-189. Auditor of state to open account with col-
lectors, and examine abstracts, etc.
218-239.
218-240.
218-190. Board to furnish auditor with names and
218-241.
Records to be made where land situated.
Enlarging powers, etc.
salaries, etc., of collectors, and deposit
collectors' bonds with him.
218-242.
Plats, etc., relating to title to property to
be filed and preserved.
218-191. Board authorized to make rules and regu-
lations.
218-243
218-244.
Clerk of commission.
218-192. To print and distribute them.
218-193. Masters, owners, part owners, and boats
liable for payment of penalties, etc.; boat
may be prevented navigating canal, till
penalties, etc., paid.
218-194. Clause to process to detain boats.
218-195.
Proceedings thereon.
218-196. What penalties may be chargeable on boat;
who may bring suit for them.
218-197. Liability of party commencing suit with-
out probable cause.
218-198. The right of appeal.
218--199. Where suit may be brought under this act;
depositions if suit adjourned.
218-200. Penalty for neglecting or refusing to pay
over such money, and how collected.
218-201. Rafting unhewn timber on canal.
218-202. Penalty, etc., for taking fencing.
218-203. Losses on canals, etc., will not be paid by
state.
218-204. Insurers shall have no recourse on the
state.
218-205. Disposition of boats when water drawn
off.
218-206. Lights and name of boat.
218-207. Penalty.
218-208. Name not to be same with any other on
same canal.
218-209. Boats faced with iron must use fender.
218-210. Bow-line must be good.
218-211. Penalties for violation of two preceding
sections.
218-212. Boat horse to pass bridge in walk, and to
pass over lock walls or sides.
Documents to be recorded where land sit-
uated; recorder's fees; appropriation.
MIAMI AND ERIE CANAL.
218-244a. Experiments with electricity; for propell-
ing boats on canals; lease or license of
company to operate boats.
218-244b. Obligations of liceuse.
218-244c. State not responsible for expense of experi-
menting; approval of contracts.
218-245.
Lease of portion of embankment; reser-
vations.
218-246. Miami, Miami extension, and Wabash and
Erie to be Miami and Erie canal.
218-247. Abandonment of the Wabash and Erie
canal and Six-Mile reservoir; lands and
material to be sold; reservation of ma-
terial; notice thereof; use of abandoned
canal for drainage purposes.
218-248. Terms of sale to be fixed by the sinking
fund commissioners; inspection to be
made by canal commission; appraise-
ment of property; report to auditor of
state.
218-249. Auditor of state to advertise and sell said
property; proviso; re-advertising and
sale of property unsold; re-appraisement.
218-250. Report of commission to governor; their
acts to be approved by attorney-general;
record of said report and approval; ac-
counts with purchasers; execution of
certificates of sale; deeds for lands pur-
chased.
218-251. Disposition of proceeds of sale.
218-252. Wabash and Erie canal; abandonment.
218-253. Reversion.
218-213. Litter not to be put in canal, nor fire car-
ried over wooden structure.
218-254.
218-214. Penalty.
218-215. No fence, etc., on embankment, or near
excavation.
218-255.
218-216. Interfering with draw-bridges.
218-217. No water pipes to be inserted without per-
mit; regulation as to use of water.
218-256.
218-218. Penalties for violation of preceding sec-
tion.
218–219. Additional penalties.
218-220. Issuing clearances, and refusing same.
218-221. Appointment of canal survey commission;
survey of canal lands; monuments, maps,
Board of public works authorized to grant
right of way.
City of Cincinnati authorized to occupy a
portion of Miami and Erie canal for
highway and sewerage purposes; pro-
viso.
Revenues reserved, and water privileges
not to be obstructed; lessees of public
works not relieved.
218-257. When governor required to execute grant
to city of Cincinnati.
218-258. Restrictions as to taxation, etc.
152
§(218—66).
BOARD OF PUBLIC WORKS-CANALS. Tit. III, Ch. 5a.
SECTION
218-259. Conveyance of certain canal lands; con-
ditions; rent reduced.
218-260. Toledo authorized to occupy part of canal
for sewer; proviso.
218-261. City liable for damages.
218-262. City to signify acceptance to governor, and
to indemnify state from liability.
218-263. Saving clause.
218-264. Interests transferred to Toledo; proviso.
218-265. Abandoument, etc., of portion or side-cut
in Toledo.
218-266. Sale.
218-267. Certain cities authorized to build bridges
over feeder.
218-268. Consent of lessees.
218-268a. Lewistown reservoir to be known as Indian
Lake.
218-2686. Public pleasure resort.
218-268c. Destruction, etc., of property or pets pro-
hibited.
SECTION
sonville, and Cincinnati railway company
across certain lands of the state.
218-280. Board of public works may grant right of
way to the Cincinnati and Eastern rail-
way; proviso.
218-281.
Licking reservoir dedicated as Buckeye
Lake.
218-282. Public pleasure resort.
218-283. As to fishing, etc.
218-284.
Destruction, etc.
218-285. Penalty.
218-286. Use of reservoir for canal purposes.
218-287. Supervision, etc.
HOCKING CANAL.
218-288. Authority to sell a portion of Hocking
canal.
218–289.
Consent of lessees requisite.
218-290. Responsibility of purchasers: governor to
execute grant, etc.
218-268d. Penalty.
218-291.
218-268e. Lake continued as a reservoir for canal
purposes.
Vacation of portion of canal; copies of
rules to be filed.
218-292.
218-268f. Control and supervision of lake.
Land to revert to owners of adjoining
lands.
218-293.
Duty of board of public works respecting
such vacation.
OHIO CANAL.
218-269. Cleveland may appropriate portion of
canal.
218-270.
Damages; lessees' responsibility,
claims for damages.
etc.;
218-271. Notice preliminary to occupation, etc.;
connections with Cuyahoga river; charg-
es to tug boats, etc., channel of river to
be kept open, etc.
218-272. Common pleas shall appoint a commis-
sion.
Duties.
218-273.
218-274. Costs and expenses.
218-275. Granville side-cut abandoned; reservation
of stone, etc.; lessees of canal not re-
lieved from liability.
218-276. Lands to revert to owners adjoining, etc.
218-277. Board of public works may abandon cer-
tain feeder of Ohio canal; may construct
embankment; if abandoned land to be
sold.
218-278. Board of public works authorized to grant
portion of berme bank of Ohio canal for
railway; proviso; rights reserved; may
deflect line of road.
218-279. Right of way granted to Columbus, Jeffer-
218-294. Vacation of canal below and east of Nel-
sonville and Chauncey; proviso, reserv-
ing material for use of state; board of
public works shall remove or sell mate-
rial within six months; lessees' respon-
sibility, provided lessees to release dam-
ages.
Bed of canal vacated to revert to adjoining
land owners.
Lessees to provide for overflow, etc.
218-295.
218-296.
WALHONDING CANAL.
218-297.
218-298.
Board of public works authorized to sell
and transfer the Walhonding canal.
Assent of lessees of public works requi-
site.
218-299.
Condition of transfer; release from liabil-
ity to be obtained.
218-300.
218-301.
Board may sell to railroad; how.
Abandonment of portion of Walhonding
canal, etc.
218-302. Appraisement of abandoned property and
218-303.
218-304.
report therefor.
Receipt and filing of appraisements.
Removal of bridges, construction of roads,
drainage, etc.
(218-66) [The digging of ditches or removing earth near canals,
etc., prohibited.] No person shall, under any pretense or authority whatever,
except with permission in writing from the board of public works, or one
of them, or some superintending engineer in their employ, dig or construct,
or cause to be dug or constructed, any drain, or remove or deposit, or cause
to be removed or deposited, earth, sand or gravel, or other material, so that
the effect of such drain, or the removal of such earth, sand, gravel, or other
material as aforesaid, will be to cause earth, sand, gravel, or other material,
to be washed into any canal or slack-water pool belonging to this state or to any
company incorporated therein, to the injury of the same. [38 v. 87.]
For an act to provide for the boundaries of the bed of the part of the Ohio canal
which has been abandoned and conveyed to the city of Cleveland" (79 v. 105), see
? (218-220) et seq.
(218-67) [Or the putting dead animals in canal, etc.] No person
shall willfully put, or cause to be put, any dead animal into any canal or slack-
water pool belonging to this state. [38 v. 87.]
(218-68) [Penalties therefor, and how prosecuted.] Any person
offending against the provisions of the first section [$(218-66)] of this act, may
be prosecuted before any justice of the peace, or the courts of common pleas of
the proper county, and, on conviction, shall be fined, for each offense, not less
than five nor more than one hundred dollars; and any person offending
against the provisions of the second section [§(218-67)] of this act, may be pros-
ecuted before any justice of the peace in any county of the state where he may
153
Tit. III, Ch. 5a. BOARD OF PUBLIC WORKS-CANALS.
§ (218-69).
be found, and, on conviction, shall be fined, for each offense, not less than five
nor more than twenty dollars. [38 v. 87.]
(218-69) [Further civil remedies therefor.] Every person offending
against the provisions of the first section [$(218-66)] of this act, in addition to
the penalties prescribed in the preceding section of this act, shall be liable to be
sued in an action on the case, in the name of the state of Ohio, for injury done
to such canal or slack-water pool, for which a recovery shall be had, with full
costs; and the proceeds of such judgments, when collected, after deducting the
expenses incurred in relation thereto, shall be paid over to the nearest col-
lector, to be by him accounted for according to law. [38 v. 87.]
(218-70) [Leading, driving, etc., animal along the tow-path or
bank of canal.] Every person who shall lead, drive, or ride any horse, ox'
or ass, mule or other animal upon the towing-path, or the bank opposite the
towing-path of any canal authorized by the laws of this state, except for the
purpose of towing boats or other floating things upon the waters thereof, and
except for the purpose of conveying articles to and from said canals, in order to
their transportation on the waters of the same, or their delivery at their place
of destination, or except upon such conditions as may be prescribed by the
board of public works, shall forfeit for every such offense the sum of five
dollars, and pay all damages consequent upon such offense over and above the
said forfeiture. [1881, April 19: 78 v. 219; Rev. Stat. 1880; 38 v. 87.]
This section was intended to prevent persons from traveling on the banks of the canal without regard
to its safety, except in the excepted cases, and in cases of urgent necessity: White v. State, 14 O. 468.
(218-71) [For obstructing the navigation.] If any boat or other
floating thing shall be so moored in any of the canals as to obstruct the navi-
gation thereof, or if any person or persons shall obstruct the navigation of
any of the said canals, by means of the loading, unloading, misplacing, or
otherwise misconducting any boat or other floating thing, and shall not, imme-
diately upon being required by any commissioner, engineer, superintendent or
agent employed on said canals, or by any person incommoded by such obstruc-
tion, to remove the same, the boatman or person who caused said obstruction,
shall forfeit for every such offense, the sum of twenty-five dollars, over and
above the expense of removing said obstruction. [38 v. 87.]
(218-72) [For sinking vessels, stone, etc., and obstructing the
towing path.] If any person or persons shall obstruct the navigation of
either of said canals, by sinking any vessel, timber, stone, earth, or other
thing or things, to the bottom of either of said canals, or by placing any
obstruction on the towing path thereof, or on the bank opposite the towing
path thereof, such person or persons shall forfeit, for every such offense, the
sum of twenty-five dollars, over and above the expense of removing said.
obstruction. [38 v. 87.]
(218-73) [The erection of lock dam, bridges, etc., without per-
mission, prohibited.] It shall not be lawful for any person or persons to
construct or build any lock, bridge, dam, or other structure in or across or
upon any public or navigable river, stream, lake or reservoir in this state,
with which any of the canals of this state are united, or with which they are
connected, or communicate at any place, where such public river, stream, lake
or reservoir is navigable and used, from time to time, as navigable water, by
steamboats, canal boats, vessels or other watercraft, employed in navigation,
unless such person or persons, before proceeding thereto, shall first obtain
from the board of public works of this state an order of the board, authorizing
and licensing the contractor of such lock, bridge, dam or other structure pro-
posed or contemplated, setting forth that such proposed lock, bridge, dam or
structure will not obstruct the navigation of such river, stream, lake or reser-
voir, or injuriously interfere with the rights of the public, or the business of
154
}
§ (218-74).
BOARD OF PUBLIC WORKS-CANALS. Tit. III, Ch. 5a.
persons engaged or to become engaged in the use thereof, for the transporta-
tion of produce or merchandise or other navigable or commercial purposes.
[38 v. 87.]
(218-74) [Penalty in such case.] If any person or persons shall
construct or build, or proceed to construct or build any lock, bridge, dam or
other structure on or across, or upon any public navigable river, stream, lake
or reservoir aforesaid, without first obtaining the order or license therefor, in
the manner hereinbefore provided, every such person or persons shall be fined
in any sum not exceeding one thousand dollars, by indictment before the court
of common pleas of the county where the offense is committed, and every such
lock, bridge, dam or other structure so erected or built, without such order or
license shall be taken and adjudged a common nuisance, and may be abated
accordingly. [38 v. 87.]
(218-75) [Penalty for obstructing the free use or injuring the
gates and destroying bridges.] If any person or persons shall wantonly or
unnecessarily open or shut, or cause to be opened or shut, any lock gate, or
any paddle or culvert gate thereof, or any waste gate, or drive any nails,
spikes, pins, or wedges, into either of said gates, or take any other mode of
preventing the perfect and free use of either of said gates, or shall wantonly
and maliciously break, throw down or destroy any bridge on either of the said
canals, such person or persons shall, for every such offense, forfeit a sum not
exceeding fifty, and not less than ten dollars, and pay all damages consequent
upon such offense, over and above the said forfeiture. [38 v. 87.]
(218-76) [The lien of the state on materials furnished by any con-
tractors. All materials that shall have been procured by any contractor for
the construction or repair of any part of said canals, or any works therewith
connected, shall, from the time they are prepared for transportation to the
place where they are to be used, be subject to the lien of the state for all
moneys that may have been, or shall be advanced by the state during the per-
formance of said contract, and for all damages that may be sustained in conse-
quence of the non-performance thereof; and no sale by the said contractor, or
under an execution, issued upon any judgment or decree, shall in any wise
affect said lien. [38 v. 87.]
(218-77) [Penalty for injuring lock, banks, culverts, etc.] If any
person or persons shall willfully and maliciously break, throw down or destroy
any lock, bank, waste weir, dam, aqueduct, or culvert, belonging to any canal
authorized by the laws of this state, such person or persons shall, for every
such offense, be deemed guilty of a misdemeanor, and on conviction thereof
before the court of common pleas of the proper county, be sentenced to impris-
onment in the penitentiary, at hard labor, for any time not less than three
nor more than seven years, at the discretion of the court, and shall moreover be
liable to pay all damages sustained in consequence of such offense. [38 v. 87.]
(218-78) [Section twelve of said act extended to gates, etc., of
canal, etc.] The provisions of the twelfth section [§(218-77)] of the said act
be and the same are hereby extended so as to include guard-locks, guard-gates,
head-gates, and feeder-gates belonging, or appertaining, to any canal or slack-
water navigation of this state. [40 v. 38, §2; S. & C. 224.]
(218-79) [Or for taking water from the canals.] No person shall
construct any wharf, basin, or watering-place on, or make or apply any device
whatever for the purpose of taking water from, either of the said canals,
without first obtaining permission therefor, of one of the acting commissioners,
or of the principal engineer of the canal, where such wharf, basin, watering-
155
Tit. III, Ch. 5a. BOARD OF PUBLIC WORKS-CANALS.
§ (218-80)
place or device, as aforesaid, is desired, in writing; and if any person shall
offend against this section, by attempting to make any such construction, or
apply such device without permission, or shall not conform to the directions
of the acting commissioner or engineer, who may give such permission, in
respect to the location and size of such wharf, basin, watering-place or device,
as aforesaid, such person shall, for every such offense, forfeit the sum of
twenty-five dollars; and the said acting commissioner or engineer shall be
authorized at the expense of the person thus attempting to remove and destroy
every such wharf, basin, watering-place or device, as aforesaid. [38 v. 87.]
(218-80) [Proceedings when any road is occupied by the canal.]
In all cases in which it shall be deemed necessary by the principal engineer,
or acting commissioner, in laying out the line of any canal, authorized by the
laws of this state, or any work connected therewith, to discontinue or alter any
public road or highway, such engineer or acting commissioner shall be author-
ized to make such discontinuance or alteration, and upon his drawing up a
plat, with a true description, in writing and figures, of all such parts of any
public road or highway, as he may discontinue or new lay, on the account
aforesaid, and filing the same in the office of the auditor of the county, in
which such discontinuance or alteration may be situated, the same shall be
lawful; and the new laid road, as described in said plat, shall be deemed a
public highway, and of the same width of the road so discontinued or altered,
and shall be entered on the record of roads, by the county auditor, as such:
provided, however, that the board of public works shall, before they obstruct
the passage of any part of a highway, now legally established, open and reason-
ably work, in order to render it passable, such part of said highway as may
be new laid by such engineer or acting commissioners as aforesaid; and the
certificate of said engineer or acting commissioner, in writing, that the part
of any highway new laid, as aforesaid, is opened and reasonably worked, as
aforesaid, by said commissioners, shall be sufficient for their justification; and
that every alteration heretofore made by any engineer, or acting commissioner,
in any public road or highway, on either of the said canals, shall, from the
time of such alteration, be deemed lawful to all intents and purposes. [38 v.
87.]
(218-81) [County to build and keep up bridges on all new roads
crossing canals; penalty for constructing bridge, etc., without permis-
sion.] In all cases where a new road or public highway is laid out by legal
authority, in such direction as to cross the line of any canal or navigable
feeder, authorized by the laws of this state, after the line of such canal or
navigable feeder is permanently located and established, and in such manner
as to require the erection of a new bridge over such canal or feeder, for the
accommodation of said road, such bridge shall be constructed and forever
maintained at the expense of the county in which such bridge is situated:
provided, however, that no bridge shall be constructed across either of said
canals or navigable feeders, without first obtaining for the model and location
thereof, the consent, in writing, of one of the acting commissioners, or the
principal engineer of the canal to be intersected by said road; and if any
person or persons shall undertake to construct or locate such bridge, without
such consent, and shall proceed therein, so far as to place any materials for
that purpose on either bank of the canal, or on the bottom thereof, he or they
shall be subject to a penalty of fifty dollars for such undertaking; and either
of said commissioners or engineer shall be authorized to remove all such
materials, so soon as they are discovered, wholly without the banks of the
canal. 138 v. 87.]
156
3
§ (218—82).
BOARD OF PUBLIC WORKS-CANALS. Tit. III, Ch. 5a.
(218-82) [Drawing off the water from the canals.] Any acting
commissioner, engineer or superintendent, duly appointed, shall have full power
and authority, at any time, to cause the water to be drawn off, either wholly
or partially, from any level or levels, of either of the canals, which may be
under the charge of such acting commissioner, engineer or superintendent,
and to cause the water to remain wholly or partially drawn off during such
time as he may deem necessary, for the purpose of repairing or preventing
any breach or breaches, or removing any bar or other obstruction to naviga-
tion; or for the purpose of making, repairing or improving any work or
device, or part of any work or device appertaining to,.or connected with any
such part of the canals; and for the purpose of so drawing off the water, or
causing the same to remain drawn off, as aforesaid, to open or close any lock
gate, culvert gate, paddle gate, feeder gate or waste gate, or to cut or make
an opening, gap or aperture, in any bank, and to cause the said gates or aper-
tures to remain open or shut as aforesaid, so long as the same shall, in´the
opinion of such person, be necessary for any of the aforesaid purposes: pro-
vided, however, that every engineer or superintendent shall, in the exercise
of the authority hereby granted, be subject to the orders and instructions of
the acting commissioner, or any engineer of superior grade, having charge
of the part of the canal affected, or liable to be affected by the exercise of
said authority. [38 v. 87.]
(218-83) [The same.] If any person, except a commissioner,
engineer, or superintendent, shall, under any pretense, or for any purpose
whatever, open any gate which shall have been shut, or shut any gate which
shall have been opened, as specified in the preceding section, without the
express direction of the acting commissioner, engineer, or superintendent who
shall at that time have charge of that part of the canal, or shall in any way
interfere in raising or drawing down the water on any level of either of the
canals, contrary to the directions or orders of the acting commissioner,
engineer, superintendent, or lock-tender having charge of any lock, or part
of the canal liable to be affected by such interference, every person so offend-
ing shall, for every such offense, forfeit and pay the sum of twenty-five dol-
lars, and moreover be liable for all damages consequent upon any such open-
ing or shutting of any gate, or interference. [38 v. 87.]
(218-84) [Right to use water power.] No person or persons shall
draw water from either of the canals of this state, for the use of mills or
machinery of any kind, nor for any purpose whatever; nor shall any person
or persons use any water power which shall have been created by the con-
struction of any dam or feeder, made for the purpose of supplying with water
either of said canals, or for the purpose of improving the navigation of any
river or stream; nor shall any person use, for any hydraulic purpose, any
water conducted round any lock on either of said canals, or in any manner
obstruct or interfere with the water in its passage round any lock, unless such
person or persons shall, in each case, have purchased from the commissioners
the right to use such water or hydraulic power; and unless such person shall,
moreover, comply with all the conditions which shall have been attached to
the use of such water, in such purchase. [38 v. 87.]
(218-85) [Penalties for using.] Every person who shall offend
against any of the provisions of the preceding section shall, for every such
offense, forfeit and pay the sum of one hundred dollars, to be recovered for
the use of the canal fund, by indictment, before any court of competent juris-
157
Tit. III, Ch. 5a. BOARD OF PUBLIC WORKS-CANALS.
§ (218-86).
diction; and every continuance to use, draw or interfere with the water, as
specified in the preceding section, without having first purchased the right to
do so, or without having complied with the conditions attached thereto, shall,
for each day, be judged a new offense, and shall subject the person so offend-
ing to the same penalty herein before specified. [38 v. 87.]
(218-86) [Lease and sale of water power, and land, etc.] When-
ever, in the opinion of the board of public works, there shall be surplus
water in either of the canals, or in the feeders, or at the dams erected for the
purpose of supplying either of said canals with water, or for the purpose of
improving the navigation of any river, and constructed at the expense of the
state, over and above the quantity of water which may be required for the
purpose of navigation, the said commissioners may order such surplus water,
and any lands granted to, or purchased by the state, for the purpose of using
the same, or such part thereof as they may deem expedient, to be sold for
hydraulic purposes, subject to such conditions and reservations as they may
consider necessary and proper, either in perpetuity or for a limited number of
years, for a certain annual rent, or otherwise, as they may deem most bene-
ficial for the interests of the state. [38 v. 87.]
See note under ?(218—65).
That the state is not liable in case of abandonment of caual to lessees of surplus water, under the act of
March 23, 1840, see Hubbard v. Toledo, 21 O. S. 379.
(218-87) [Same.) The provisions of the foregoing section shall extend
to and include the water passing round the locks, from one level to another,
on either of the canals of this state. [38 v. 87.]
(218-88) [Same.] No hydraulic power, nor right to the use of any
water, shall be sold, leased, or conveyed, except such as shall accrue from the
surplus water of the canal, feeders, or dams, or from the water passing round
any lock, after supplying the full quantity necessary for the purposes of navi-
gation. [38 v. 87.]
(218-89) [Reservations.] Every lease, grant, or conveyance of water
power, shall contain a reservation and condition, that the state, or its author-
ized agents, may at any time resume the privilege or right to the use of water,
or any portion thereof, whenever it may be deemed necessary for the purposes
of navigation, or whenever its use for hydraulic purposes shall be found in
any manner to interfere with, and injuriously affect the navigation of either
of the canals, feeders, or streams from which the water shall be taken for such
hydraulic purposes; and whenever such privilege shall be resumed, in whole
or in part, the sum paid therefor, or the rent reserved, or such reasonable por-
tion thereof as shall be determined upon, agreeably to the conditions and stip-
ulations of the lease or deed of conveyance aforesaid, shall be refunded, or
remitted to the purchaser or lessee, his heirs or assigns. [38 v. 87.]
The board of public works can not impose_any_obligation upon the state by the exercise of the right o.
resuming the use of surplus water not contemplated by this section. The board has no right to agree that
upon such resumption, it shall pay the lessee the value of lasting improvements: State ex rel. v. Board of
Public Works, 42 O. S. 607.
Where a party became the owner of a lease made pursuant to the provisions of this section, and a stat-
ute was subsequently passed whereby the canal within certain limits was granted to, and appropriated by, a
city for a highway: Held, that the lessee was not thereby deprived of his property without due process of law,
as the state, so far from assuming an obligation to maintain the canals to supply water-power, had the right,
of which every lessee was bound to take notice, to discontinue them whenever the legislature deemed
expedient: Fox v. Cincinnati, 104 U. S. Supreme Court 783.
(218-90) [Proceeds of such sales or rents: how to be appropriated.]
All moneys received for the rent or sale of any hydraulic power, granted or
conveyed under the provisions of this act, shall be paid into the state treasury,
and constitute a part of the canal fund; and shall be subject to the same rules
158
(218-91).
BOARD OF PUBLIC WORKS-CANALS. Tit. III, Ch. 5a.
and regulations as are prescribed in the sixth section of the act to provide for
the internal improvement of the state of Ohio, by navigable canals. [38 v. 87.]
(218-91) [Proceedings against boatmen, etc., for taking or for
injuring private property, in the vicinity of canal.] If any boatman, or
person employed on board of any canal boat or other craft, on any canal in
this state, shall take, without right, any timber, rails, boards, planks, staves,
or other property, from the banks or vicinity of any canal, or shall wantonly
injure or destroy any property thereon, or in the vicinity thereof, with the
knowledge of the master, owner, boatman, navigator, or other person having
charge of such boat or craft, the master, owner, boatman, navigator, or other
person having charge of such boat or craft, shall forfeit to the owner, treble
the value of the property taken, injured or destroyed; and the possession of
such property, if taken on board of the boat or craft, shall be presumptive
evidence of such taking and knowledge; and when the property is destroyed
or injured, proof thereof shall be made as in other cases; and the person
or boatman taking, injuring, or destroying such property, shall also forfeit
and pay for every such offense, any sum not less than one, nor more than fifty
dollars, to be sued for and recovered in an action of debt, in the name of the
state of Ohio, before any justice of the peace in this state; and the forfeiture
when collected, shall be by such justice paid into the treasury of the township
in which suit is commenced, for the use of common schools in such township.
[38 v. 87.]
(218-92) [How sued.] The forfeiture to the owner of the property,
prescribed in the preceding section of this act, against the master, owner, boat-
man, navigator, or other person having charge of such boat or craft, is declared
to be recoverable in an action of debt, instituted in the name of the owner of
such property, before any justice of the peace of this state, against the owner,
master, boatman, navigator, or other person having charge of such boat or craft,
when incurred, and shall be chargeable on such boat or craft, the furniture
thereof, or the horses drawing the same, and any constable of this state is
authorized to execute the process to him directed in such case, in any county
of this state. [38 v. 87.]
(218-93) [Attachment of boat, etc., for a penalty or forfeiture.1
When any suit shall be prosecuted for any penalty or forfeiture, the justice of
the peace issuing the process, by a clause to be inserted therein, may direct
the officer executing the same to detain such boat or craft, and the furniture,
and horses drawing the same, until the suit shall be determined, or until ade-
quate security shall be given for the payment of any judgment that may be
recovered: provided, that in all such cases the person instituting suit shall
make oath or affirmation before such justice, to the facts upon which such suit
is founded, which oath or affirmation, shall be reduced to writing, signed and
filed with such justice. [38 v. 87.]
(218-94) [And proceedings therein.] If such security shall be given
by recognizances in writing, as shall be deemed sufficient in amount and solv-
ency, by such justice of the peace, or if the defendant, on the trial, shall pre-
vail, the justice shall order the boat or craft, furniture, and horses, to be
released; but if no such security be given, and a judgment shall be recovered
for such penalty or forfeiture, and the same, together with all costs, shall not
be immediately paid, an execution shall be issued, under which the property
so retained may be sold, in like manner as if the judgment had been obtained
against the owner thereof: provided, that the officers and witnesses shall be
159
Tit. III, Ch. 5a. BOARD OF PUBLIC WORKS-CANALS.
§ (218-95).
entitled to the same fees as are allowed in other cases, and the case shall be
tried or continued, as is provided in case of a capias; and provided also, that
when the condition of any bond or recognizance, which may be entered into,
under the provisions of this act, shall be broken, the same shall be proceeded
on as is now provided by law in other cases. [38 v. 87.]
(218-95) [Guard-plate to be under keels.] Every boat navigating
upon either of the canals of this state, shall, by means of a guard or plate of
iron, firmly attached to the keel, and extending back under the rudder, or by
means of some other permanent device, cover and secure the opening between
the keel or stern-post and the rudder, so as effectually to prevent the towing
line of any other boat from entering said opening. [38 v. 87.]
(218-96) [Penalty for any spikes, nails, etc., projecting from side
or bottom of boats.] It shall be unlawful for any boat, having any bolt,
spike, nail, hook, or other instrument, or any end of any wale, plank, timber,
board, or pin, projecting from the bottom or side thereof, in such manner as
to be liable to injure any other boat, or the towing line thereof, or any work
or device appertaining to the canal, to navigate on either of the canals in this
state; and every master, owner, or part owner of any boat violating either of
the provisions of this or the preceding section, shall, for every such offense,
forfeit and pay the sum of ten dollars; and, moreover, be liable for all damages
occasioned by such violation. [38 v. 87.]
(218-97) [As to boats running against lock.] In no case shall the
stern or bow of any boat or float, approaching or being about to enter, or hav-
ing entered any lock, be permitted to run against, or strike the head walls of
either of the gates of such lock, willfully or negligently; and for every viola-
tion of either of the provisions of this section, the master of such boat or float
shall forfeit and pay the sum of one dollar, and, moreover, be liable for all
damages occasioned by such violation. [38 v. 87.]
(218-98) [As to disputes about places of mooring, unlading, etc.:
how settled.] Whenever any dispute shall arise concerning berths, places of
mooring, or of lading, or unlading, of any two or more boats or floats, at any
public lading place or basin, or at any other place on either of the canals,
except at a wharf or lading place which is private property, it shall be the
duty of the collector, and if there be no collector present, of any superin-
tendent, to assign berths or places to all such boats or floats; and the master
of every such boat or float, failing to comply immediately with such assign-
ment of the collector or superintendent, shall forfeit and pay the sum of five
dollars, and, moreover be liable for all damages sustained by any individual
in consequence of such failure. [38 v. 87.]
(218-99) [As to bow of boats.] No boat or vessel of any kind, except
such as shall have a firm and permanent bow, which shall be at least as sharp
or acute as a semi-circle, shall be permitted to navigate or float on either of
the canals of this state, under a penalty of ten dollars; for the payment of
which, such boat or vessel, and also the owner thereof, shall severally be liable;
and every time such boat or vessel shall be moved on either of said canals, the
distance of one mile or upwards, shall be considered a distinct offense. [38 v.
87.]
(218-100) [Rafts of round timber, or fire wood, etc.] No raft or float,
composed in whole or in part of round or unhewn timber, shall be permitted to float,
or be navigated on either of the canals of this state; nor shall any fire wood, or
other split or sawed wood, or lumber, be transported on either of said canals,
otherwise than on board of such boat as may lawfully navigate the same, under
the penalty of ten dollars for every offense, in either of the cases herein speci-
160
§ (218—101).
BOARD OF PUBLIC WORKS-CANALS. Tit. III, Ch. 5a.
fied; for the payment of which penalties, such raft or float, and also the owners
thereof, shall be severally liable. [38 v. 87.]
The part in italic repealed and supplied by (218-201).
(218-101) [Injuring locks or other works.] If any person, in navi-
gating or managing, or assisting in the navigation or management of any boat
or other float, on either of the canals of this state, shall, through design or
negligence, in the navigation or management thereof, fail or neglect to open or
close any swing-bridge crossing either of the said canals, or shall injure, in such
navigation or management, any lock, lock-gate, waste-gate, guard-gate, bridge,
aqueduct or other work or device appertaining to either of said canals, such per
son shall, for every such offense, forfeit and pay the sum of twentyfive dollars, as a
penalty for such offense; and every master, owner or part owner of such boat or
float, and also the boat or float itself, shall severally be liable for the payment
of such penalties, and moreover be liable for the payment of all damages occa-
sioned by such failure to open or close the said swing-bridge, or by such mis-
management or negligence. [87 v. 373; 38 v. 87.]
The remedies provided by this section and 2 5880 are cumulative: Steam Canal Boat Tempest v. Commis
sioners, 13 C. C. 263.
An action may be maintained against a canal boat itself, which negligently injured a county turnbridge,
by the County Commissioners: Id.
(218-102) [Running boats too fast.] No float shall move on either
of the canals faster than at the rate of three miles an hour, where such canal,
or the part thereof on which such float shall move, shall have been at such
time navigated less than one year; and in no case shall any float move on
either of the canals faster than at the rate of four miles an hour, under the
penalty, in either case, of ten dollars for every violation of this section; for the
payment of which, the master, manager, owner, or part owner, of such float,
and also the float itself, shall severally be liable. [38 v. 87.]
it
(218-103) [Rule when one boat overtakes another.] Whenever a
boat or float shall overtake any other boat or float on either of the canals,
shall be the duty of the master or manager of the latter to turn from the towing
path, and give to the former every practicable facility for passing, and to stop
whenever it shall become necessary, until the boat or float first mentioned shall
have fully passed. [38 v. 87.]
(218-104) [When boats pass each other.] When any float, in
passing on either of the canals, shall meet any other float passing in an oppo-
site direction, it shall be the duty of the master of each to turn to the right
hand, so as to be wholly on the right side of the center of the canal; and the
horses or other moving power of the boat, which, in turning to the right as
aforesaid, shall turn from the towing path, shall be stopped so as to allow the
moving power of the other, and the float itself, to pass freely over the towing
rope of the float so turned from the towing path. [38 v. 87.]
(218-105) [Same.] Whenever two or more floats, moving in opposite
directions on either of the canals, shall at any time approach any place where,
from the contracted breadth of such canal, or other cause, they can not safely
pass each other, it shall be the duty of the master of every such float, going
from Lake Erie, on the Ohio canal, or from the Ohio river, on the Miami canal,
or from Columbus, on the Columbus feeder, to stop at such distance from such
place as will permit the float or floats moving in the opposite direction con-
veniently to pass by, and there to wait until such passage is effected. [38 v. 87.]
(218-106) [Which boat first entitled te lock.] Any float moving
on either of the canals, which shall have arrived within one hundred yards of
any lock in which the water is on the same level with such float, shall be per-
mitted to pass such lock before any float not on the same level. [38 v. 87.]
(218-107) [Who to decide.] If, on the arrival of any two or more floats
at or near any lock, a question shall arise between their respective masters
as to which shall be first entitled to pass, such question shall be determined
by the lock-keeper, or any other agent of the state, having charge of such
161
Tit. III, Ch. 5a. BOARD OF PUBLIC WORKS-CANALS.
§ (218—108).
lock, if any such lock-keeper or agent be present, and each float shall be passed
in the order and manner in which such lock-keeper or other agent of the state
shall direct. [38 v. 87.]
(218-108) [Setting-poles, etc., pointed with iron.] No setting-pole,
shaft, or hook, pointed with iron, steel, or other metal, shall be used in
the navigation or management of any boat or float on either of the canals of
this state, and such pole, shaft or hook being found on board any boat or
float, navigating said canals, shall be considered sufficient evidence of its use.
[38 v. 87.]
(218-109) [Position of lock-gates when boat enters.] No person
shall attempt to pass any float into any lock, or out of any lock, until the
main gates at the head or foot of said lock, as the case may be, between
which gates such floats shall be about to pass, shall first be entirely opened
into their respective recesses, nor until all paddle and culvert gates of such
lock shall be closed. [38 v. 87.]
(218-110) [After it has entered.] Neither of the main gates at the
head or foot of any lock shall be closed, nor allowed to close of their own
accord, while either of the paddle or culvert gates at the opposite end of such
lock shall remain open. [38 v. 87.]
(218-111) [When boat passes out.] When any float shall pass
out of any lock, the main gates of such lock, through or between which such
float shall have passed out, shall be left entirely open, and completely within
their respective recesses, and all the paddle and culvert gates of such locks
shall be left closed: provided, however, that when the acting commissioner or
superintendent, having charge of that part of the canal in which such lock is
situated, shall direct any paddle, culvert, or other gate, to be left open for the
purpose of passing water through the same, such direction shall be complied
with and obeyed by all the lock-keepers, masters of floats, boatmen, and all
other persons concerned in navigating such canal. [38 v. 87.]
(212-112) [Boats injuring locks, or their appendages.] No boat
or other float shall be permitted to pass into any lock, nor to strike against
any part thereof with such force as to injure, or be liable to injure any part
of such lock, or any gate or other work or device appertaining thereto, or
designed to protect the same. [38 v. 87.]
(218-113) [Violently closing gates, etc.] No lock-gate, culvert-gate,
or paddle-gate, shall be closed, nor permitted to close itself, with such violence
as to injure or be liable to injure the same. [38 v. 87.]
(218-114) [Penalty for violating any of the eleven preceding
sections: who liable therefor; penalty against lock-keeper under five pre-
ceding sections.] Every master of any float who shall violate either of the
provisions of the eleven sections next preceding this section, or who shall
permit any boatman or other person assisting in the navigation or manage-
ment of such float, to violate either of the said sections, or any provision
thereof, shall, for every such violation, forfeit and pay the sum of ten dol-
lars; and every owner or part owner of any such float, and also such float, shall
severally be liable for the payment of all penalties so as aforesaid incurred,
and shall moreover be liable for the payment of all damages which may be
occasioned by such violation; and every lock-keeper, who shall violate either
of the provisions of the five preceding sections, shall forfeit the sum of ten
dollars for every such violation. [38 v. 87.]
(218-115) [Precedence as to locks; penalty for interference.]
When two or more boats or floats other than packet boats, are passing in the
12
162
§ (218—116).
BOARD OF PUBLIC WORKS-CANALS. Tit. III, Ch. 5a.
same direction on either of the canals of this state, that boat or float which
shall first arrive at any lock, shall have the right first to pass said lock; and
any master of a boat, or other person who shall prevent or attempt to prevent
such forward boat from first passing said lock, shall, for every such offense,
forfeit and pay the sum of twenty dollars. [38 v. 87.]
(218-116) [Penalty for obstructing canal by improper mooring, etc.]
Every person who shall willfully, or through gross negligence, obstruct the nav
igation of either of the canals of this state, by the improper mooring, man-
agement, or conduct of any boat or floating thing, shall, for every such offense,
forfeit the sum of ten dollars. [38 v. 87.]
(218-117) [Or by sinking things, or obstructing towing path, etc.]
Every person who shall willfully, or through gross negligence, obstruct the
navigation of either of the canals of this state by sinking any vessel, timber,
stone, earth, or other thing, in any part thereof, or by placing any obstruction
on the towing path thereof, or on the bank opposite the towing path, shall
forfeit the sum of twenty dollars. [38 v. 87.]
(218-118) [Further remedy, etc., under three preceding sections.]
Every person who shall incur a penalty under either of the three next pre
ceding sections, by committing any offense therein specified, shall moreover
be liable to the state, and to every person injured thereby, for the payment of
all damages which shall occur in consequence of such offense. [38 v. 87.]
(218-119) [Officers may sell articles floating, etc.] It shall be the
duty of every engineer, collector, superintendent or agent, employed on either
of the canals, to seize all boats, rafts, logs, and every floating or sunken thing,
which may be found in either of said canals, and all articles found on the
towing path thereof, not under the charge of any person, and to sell the
same at public vendue, after giving ten days' previous notice thereof, in writ-
ing, posted up in two public places near the place where such boat or other
articles or things may be found. [38 v. 87.]
(218-120) [How owner may stop such sale.] If the owner of any
article so seized shall appear and claim the same before the time of sale, and
pay the cost of seizure and expense of removal, such sale shall not take place.
[38 v. 87.]
(218-121) [How proceeds of sale accounted for.] If the officer
making such sale shall not be a collector, the avails of such sale shall be
accounted for by him, within thirty days, to the nearest collector, who shall
account for the same as for tolls collected; and if the same be made by a
collector, he shall account for the avails thereof in the same manner. [38 v. 87.]
(218-122) [When proceeds may be paid to owner.] After any such
sale shall have been made, and the proceeds thereof shall be in the hands of
the collector or officer making such sale, such collector or other officer may, on
the application of the owner, and due proof of ownership, pay over such pro-
ceeds to such owner, after deducting all penalties, forfeitures, costs, and reason-
able expenses, chargeable thereon. [38 v. 87.]
(218-123) [Board to appoint collectors; their bond; salary.] The
board of public works, until otherwise provided by law, shall appoint so many
collectors of canal tolls on each of the canals of this state, as they shall deem
necessary for the punctual collection of tolls on such canals; shall require
each collector to give bond, with sufficient security for the faithful performance
of his duties, in such sum as the board shall prescribe; and shall designate
the place where the office of such collector shall be kept, and shall determine
what reasonable salary or other allowance shall be received by each collector for
his services. [38 v. 87.]
The next two sections of the original act were repealed in 50 v. 114.
163
Tit. III. Ch. 5a. BOARD OF PUBLIC WORKS-CANALS.
(218-124).
(218-124) [When a clerk may do the duties of collector.] Any
clerk, duly authorized by a collector, may, in the absence of the collector,
perform all the duties, and exercise all the powers legally appertaining to
such collector, and the collector shall be responsible for the acts of such clerk.
[38 v. 87.]
(218-125) [When collector may refund tolls.] Collectors may be
authorized to refund tolls or penalties erroneously paid to them, or which
equitably ought to be refunded, under such regulations as shall be prescribed
by the board of public works; which regulations shall not be inconsistent
With the constitution and laws of this state. [38 v. 87.]
(218-126) [Certificates of registry for each boat.] The owner or
owners of every boat navigating either of the canals, shall subscribe and
deliver to the collector, of whom the first clearance for such boat shall be
demanded, a certificate, to be entitled a "certificate of registry," containing
the name or names of such owners, and their respective places of abode, and
also the name of the boat, and place where it is owned; if the owners reside
out of the state, the certificate of registry shall be signed and delivered by the
master of the boat, as the owner thereof. [38 v. 87.]
(218—127) [Same.] If the master of the boat, of which the owners
reside out of the state, shall be changed after he shall have delivered such cer-
tificate, the new master shall sign and deliver a proper certificate of registry to
the collector, of whom he ahall first require a clearance. [38 v. 87.]
(218-128) [Receipt for and record of certificate; record open for
inspection; name of boat not to be changed unless, etc.] Every collector
receiving a certificate of registry, shall sign and deliver to the person of whom
he shall receive the same as aforesaid, a written receipt therefor, and shall,
without delay, record the same in a book to be provided and kept by him for
that purpose; which book of registry shall be open to inspection during the
usual office hours; and the name of no registered boat shall be changed with-
out the written order of the collector in whose office the same is registered.
[38 v. 87.]
(218-129) [Collector to transmit copy of registry to other col-
lectors, who shall record it.] Each collector shall, within one month from
the time any boat shall have been registered, or change made in the registry
in his office, transmit to each of the other collectors on the same canal a certi-
fed copy of the register of boats in his office, aud of the several changes
made therein; which copy shall be immediately recorded by the collector
receiving it, in the same manner as is prescribed in the preceding section for
original certificates of registry. [38 v. 87.]
If
(218-130) [When boat transferred, how registry changed.]
any person residing within this state, claiming to be owner of a registered
boat, by transfer from its former owners, shall produce to the collector in whose
office the same shall have been originally registered, due proof of such transfer,
and shall deliver him a new certificate of registry, signed by themselves, it
shall be the duty of such collector to change the register of such boat so as to
correspond with such new certificate. [38 v. 87].
(218-131) [Boat to be registered before clearance is granted.]
No clearance shall be granted to any boat, unless the collector of whom it is
required shall have evidence that such boat is duly registered; or if it be not
registered, until the master thereof shall have delivered to such collector a
proper certificate of registry, or have exhibited to him the receipt of some
other collector for such certificate. [38 v. 87.]
(218–132) [The persons named in the certificates to be considered
owners of boats.] The person specified in the certificate of registry of any
164
§ (218-133).
BOARD OF PUBLIC WORKS-CANALS.
Tit. III, Ch. 5a.
boat, as the owners thereof, shall be deemed in law the true owners thereof,
for all the purposes of enforcing the collection of tolls, and the execution of
the laws, rules, and regulations for the navigation or maintenance of the canals.
[38 v. 87.]
218-133 [Penalty for changing name of boat.] Every owner of a
boat who shall change its name, or the name of the place at which it is owned,
from that stated in the certificate of registry then in force, without the written
order of the collector in whose office the same shall have been originally reg-
istered (which written order the collector is required to grant, on the appli-
cation of any owner for that purpose); and every master who shall enter
or report such boat at any collector's office, by a different name from that so
stated, shall, for every such offense, forfeit the sum of twenty dollars.
[38 v. 87.]
(218-134) [New certificate when name is changed.] No boat, the
name of which shall have been changed in the manner prescribed in the
preceding section, shall receive a clearance or be permitted to pass on any of
the canals of this state, till a new certificate of registry shall be presented to
the collector, who shall have granted the order to change the name of said
boat, which certificate shall contain the former as well as the present name of
said boat, and shall be signed in like manner, as is prescribed in the sixtieth
[sixty-third] [§ (218—126)] and sixty-first [sixty-fourth] [§(218-127)] sections
of this act. [38 v. 87.]
(218-135) [How and where name of boat, etc., shall be painted
on it.] No boat shall receive a clearance, or be permitted to pass on either
of the canals, unless such boat shall have the name thereof, and the name of
the place where it is owned, corresponding with its certificate of registry then
in force, painted in some conspicuous and permanent part of the outside of
the boat, in letters of at least four inches in height. [38 v. 87.]
(218-136) [Clearance for boats necessary.] No boat or float shall
be permitted to pass on either of the canals, unless the master thereof shall
first have obtained a clearance therefor, for each voyage of such boat or float,
from the proper collector of tolls on such canals, except in the cases herein-
after particularly specified. [38 v. 87.]
(218-137) [Who shall issue clearances.] Clearances for every voyage
shall be required of, and issued by the collector, whose office shall be kept
nearest to the place at which the voyage shall be commenced, provided that
there be any collector's office within one mile of such place. [38 v. 87.]
(218-138) [How far boats may proceed without clearance.] If
there be no collector's office within one mile of the place from whence the
voyage is commenced, the clearance for such voyage shall be required of the
collector at whose office the boat shall first arrive in the course of the voyage;
and such boat shall be permitted to proceed from the place where the voyage
was commenced to such collector's office, and no further, without a clearance.
[38 v. 87.]
(218-139) [To whom tolls are to be paid before clearance issued.]
The full amount of tolls, chargeable on any boat, and on each and every
article of property which shall be on board thereof, or constitute any float, at
the time such boat or float shall depart from the port or place in which there
is a collector from whom a clearance is required, or that shall be taken on board
within one mile of such port or place, shall be paid to such collector before he
shall issue a clearance for such boat or float. [38 v. 87.]
(218-140) [Bills of lading: how made out.] Every master of a
boat or float, conveying property on either of the canals, shall exhibit to the
several collectors hereinafter mentioned, a just and true account, or bill of
lading of such property, signed by the consignor thereof, and containing, first.
165
Tit. III, Ch. 5a. BOARD OF PUBLIC WORKS-CANALS.
§ (218—141).
the name of each place on the canal where any portion of such property was
shipped, and the place for which it is intended to be cleared, specifying the
portion shipped at each of such places, and the portion intended to be cleared
to each place; second, a statement of the weight of all articles of such prop-
erty on which toll is to be charged by weight, of the number of articles on
which toll is to be charged by number, and of the feet of each article on
which toll is to be charged by the foot; third, a specification of the weight or
quantity of each article or articles on which one rate of toll is to be charged,
and which is to be transported to one place, separately from other articles on
which a different rate of toll is charged, or which is to be transported to a
different place. [38 v. 87.]
(218—141) [To whom bills of lading shall be exhibited.] Every
such account or bill of lading shall be exhibited, first to every collector of
whom a clearance shall be required; second, to every collector whose office
shall be next in order in the course of the voyage, to the place where the clear-
ance shall have been granted; third, to every collector at a place where any
portion of the cargo shall be unladen, or any additional cargo received; and
if there be no collector at such place, to the collector whose office shall be next
in order in the course of the voyage; fourth, to every other collector who shall
demand such account or bill of lading to be exhibited. [38 v. 87.]
(218-142) [Property taken on board during the voyage, to be
reported to first collector, and tolls paid.] If any property shall be received
on board of any boat or other float, for the purpose of being transported on
either of the canals, during any voyage, after such boat or float shall have pro-
ceeded one mile from the place at which a clearance for the voyage was
granted, an account or bill of lading thereof, conforming to all the requisi-
tions hereinbefore stated, shall be exhibited to the collector whose office shall
be next in order in the course of the voyage, to the place where such property
was received on board, to whom the full amount of tolls chargeable on such
property shall be paid; and such boat or float shall not be permitted to pro-
ceed on such voyage beyond the office at which the tolls on such property, so
received on board, are payable, until the full amount of such tolls are paid.
[38 v. 87.]
(218-143) [And bills of lading thereof exhibited to first collector,
etc.] When any cargo shall be taken on board of any boat or float, after such
boat or float shall have left the place where a clearance was granted, as specified
in the preceding section, the account or bill of lading of such property shall
be exhibited to the collector whose office shall be next in order in the course
of the voyage, to the office at which the tolls on such additional cargo are re-
quired to be paid, and to every other collector who shall demand it to be
exhibited. [38 v. 87.]
(218-144) [Transportation between collectors' offices to be re-
ported and paid within ten days; penalty for not so doing.] If there be
no collector's office within one mile of the place where a voyage on the canal
shall be commenced, nor within one mile of the place where the same shall
terminate, nor at any intermediate place, the master of the boat or other float
shall, within ten days after the termination of such voyage, exhibit a true
account thereof, or bill of the lading transported on board of such boat or float.
at any time during such voyage, to the collector whose office shall be nearest to
the place where such voyage terminated, and shall pay to such collector the
tolls due on such boat or float and lading; and every master who shall neglect
to exhibit such account and bill, and to pay such tolls, within the period above
166
$ (218-145).
BOARD OF PUBLIC WORKS-CANALS. Tit. III, Ch. 5a.
limited, shall, for every such offense, forfeit the sum of twenty-five dollars.
[38 v. 87.]
(218-145) [Penalty for non-delivery of true bills of lading, or not
paying tolls.] Every master of a boat or other float navigating either of the
canals, who shall omit to exhibit or deliver a true bill of lading to any col-
lector, or to pay the tolls thereon when required, or shall deliver any article
mentioned in a bill of lading at a place beyond that to which such article shall
have been cleared, shall forfeit the sum of twenty-five dollars. [38 v. 87.]
(218-146) [And for signing or delivering false bills.] Every per-
son who shall sign or deliver to any collector a false bill of lading, shall pay,
on all property omitted in such false bill, treble the established rates of toll
chargeable thereon, to any collector who shall be satisfied of such omission, for
the whole distance such property is conveyed on the canal. [38 v. 87.]
(218-147) [Same.] Every person who shall knowingly sign or deliver
a false bill of lading, shall be deemed guilty of a misdemeanor; and upon con-
viction thereof, before any court of competent jurisdiction, shall be fined not
less than three times the value of the property omitted or falsely stated in such
bill. [38 v. 87.]
(218-148) [Bills to be verified by oath.] Every collector receiving
a bill of lading, may require the master exhibiting it to verify it by his oath,
which such collector is authorized to administer. [38 v. 87.]
(218-149) [Collectors may administer oaths.] The collectors of
tolls on the canals shall be and they are hereby authorized to administer oaths
in all cases wherein oaths may be required to be administered, in performing
the duties required of them in their offices. [38 v. 87.]
(218-150) [Master to report errors in bills of lading, etc.;
penalty.] If, on unloading any boat or float, it shall be discovered that the
cargo, in consequence of an unintentional error, exceeds the quantity stated
in the bill or bills of lading, it shall be the duty of the master of such boat
or float, immediately to report such overplus, and pay the lawful tolls thereon,
to the collector at the place where such error may be discovered, if there be
any collector at such place; and if there be no collector at such place, to the
next collector, at or near whose office the boat shall arrive, after the discovery
of such error is made; and any master of a boat or float, who shall fail to
comply with the requisition of this section, shall forfeit and pay the sum of ten
dollars, besides double tolls on all property omitted in the bill or bills of
lading. [38 v. 87.]
(218-151) [Property to be cleared no farther than the boat.]
Each boat navigating the canals shall have a separate clearance, and no part
of the cargo of any boat shall be cleared to a place beyond that to which the
boat is cleared. [38 v. 87.]
(218-152) [No boat to proceed beyond place cleared to, etc., until
delivery of clearance.] No boat or other float shall proceed beyond the place
to which it shall be cleared, nor shall any article of its cargo be unladen after
its arrival at the place for which such article is cleared, nor proceed beyond
such place, until the master thereof shall have delivered the clearance of such
boat or float to the collector at the place for which it is cleared, if there be any
collector at such place. [38 v. 87.]
(218-153) [Same.] If there be no collector at such place, the master
shall deliver the clearance to the last collector whose office shall be passed by
the boat, in the order of the voyage, and shall receive a permit from such col-
lector to proceed to the place to which the boat or float is cleared. [38 v. 87.1
167
Tit. III, Ch. 5a. BOARD OF PUBLIC WORKS-CANALS.
§ (218-154).
(218-154) [Penalty for not delivering clearance.] Every master
who shall omit to deliver a clearance to the collector to whom the same ought
to be delivered, shall forfeit the sum of twenty-five dollars. [38 v. 87.]
(218-155) [Collector to give a certified copy of clearance, etc.,
when required; fees therefor.] Every collector issuing any clearance, or in
whose office any clearance is on file, shall, whenever requested, give a certified
copy thereof, with the additional cargo entered thereon, and the several indorse-
ments of other collectors, for which he shall be entitled to demand and receive
from the persons applying for the same, if such certified copy does not contain
over one hundred words, ten cents; and if such copy contains over one hun-
dred words, he shall be entitled to receive pay therefor at the rate of ten cents
for every hundred words. [38 v. 87.]
(218-156) [Validity of such certified copies.] Such certified copy
of any clearance shall have the same validity and effect as the clearance of
which it is a copy. [38 v. 87.]
(218-157) [When collector may detain boat and weigh cargo;
who to pay expense thereof.] Whenever a difference shall arise between a
collector and the master of any boat or float, as to the amount of tolls charge-
able on the lading of such boat or float, the collector shall detain the boat or
float, and the articles on which toll is to be charged, and shall weigh, count
or measure the articles, as the case may require; and if it shall be ascertained.
that the weight, number, or feet, exceeds the amount stated in the bill of lading
thereof, the collector shall charge tolls according to the weight, number, or
feet thus found; and the master shall pay to the collector the expense of such
weighing, counting, or measuring; and such expense shall be chargeable on
such articles, and on the boat or float containing them. [38 v. 87.]
(218-158) [Detention until tolls or expenses are paid.] The master
of every boat or float shall be liable for the payment of tolls and expenses
chargeable on such boat or float, and its cargo; and it shall be the duty of
every collector to detain all articles on which tolls or expenses are chargeable,
and the boat or float containing them, until such tolls and expenses shall be
paid. [38 v. 87.]
(218-159) [Collector's sale to pay tolls, etc.] If such payment
be refused, the collector shall, in the name and on behalf of the state of Ohio,
distrain so much of the property detained as shall be sufficient to satisfy the
charges thereon; and at the expiration of ten days, if such charges shall re-
main unpaid, he shall expose to sale, at public auction, the property distrained,
at his usual place of receiving tolls, and sell the same to the highest bidder,
between the hours of ten o'clock A. M., and four o'clock P. M., having first
given two days' notice of such sale, and a description of the property to be
sold, by advertisement posted up in three of the most public places in the
township in which such collector's office is situated. [38 v. 87.]
(218-160) [Surplus avails of sale.] Any surplus avails of such sale,
after the payment of the sum chargeable thereon, including costs of distress.
and sale, shall be paid, on demand, to the master of the boat or float, or to the
owner of the property distrained. [38 v. 87.]
(218-161) [List of canal passengers; list and clearance to be de-
livered to collector, etc.] Every master of a boat or float, shall make out,
for every voyage, a correct list of all passengers over twelve years of age, that
may have been transported on board of said boat or float for the distance of
one mile or upwards; which list shall, in all cases, exhibit distinctly and
legibly, written with ink, in separate columns, to be provided for that purpose,
168
§ (218-162).
BOARD OF PUBLIC WORKS-CANALS. Tit. III, Ch. 5a.
first, the name of each passenger on board of the boat at the time of the arrival
thereof at any place where there is a collector's office, or who shall have been
transported on board thereof during the voyage; second, the name of the
place, or the distance from some place of notoriety on the canal where such
passenger came on board; third, the place to which such person may have
taken passage; fourth, the place where such passage actually ended, if at a
place different from that to which passage was taken; which list shall in all
cases be attached to the clearance of the boat, and, with the clearance to be
delivered to the collector to whom the clearance is required to be delivered,
whose duty it shall be to examine said list, and see that all the passengers are
correctly entered on the same. [38 v. 87.]
(218-162) [Master's oath to correctness of list of passengers,
etc.; to pay tolls.] It shall be the duty of every collector to whom any list
of passengers is required to be delivered, at or near the termination of any
voyage on the canal, to administer an oath or affirmation to the master of the
boat, as to the correctness of any such list, which oath or affirmation shall also
be attached to said list, and be subscribed by the master of the boat, who shall
immediately pay to such collector the amount of tolls due on said passengers.
[38 v. 87.]
(218-163) [Penalty for refusing to make such oath, etc., or to
pay tolls.] If any master of a boat or float shall refuse to make the oath or
affirmation, and to subscribe the same as is required in the preceding section,
or shall refuse or neglect to pay the tolls that may be due on passengers trans-
ported on board said boat, he shall, for every such refusal or neglect, forfeit
and pay the sum of twenty dollars over and above the tolls that may be due.
[38 v. 87.]
(218–164) [Penalty for refusing to make list of passengers.] If
any master of a boat shall wholly neglect or refuse to make out and present a
list of passengers, when any passenger or passengers shall have been transported
on board such boat, as is required by the ninety-sixth [ninety-eighth] section
[§ (218-161)] of this act, he shall forfeit and pay the sum of twenty-five dollars,
together with double tolls on all passengers transported during the voyage.
[38 v. 87.]
(218-165) [Or presenting an incorrect list.] For presenting an incor-
rect list of passengers, not conformable to the requirement of the ninety-sixth
[ninety-eighth] section [§(218-161)] of this act, the master presenting the same
shall, for every omission, forfeit and pay the sum of five dollars, together with
double tolls on the number of miles omitted in said list: provided, that for
each passenger whose name shall be omitted on said list, the master shall for-
feit and pay the sum of ten dollars. [38 v. 87.]
(218-166) [Who considered passengers.] Every person over twelve
years of age, who shall go on board of any boat for the purpose of being
transported, shall be considered a passenger, whether any price may be de-
manded for the transportation of such person or not, and whether he may pay
for his passage in money, in labor, or otherwise. [38 v. 87.]
(218-167) [Tolls to be paid before clearance issued; no new
clearance granted till all previous tolls paid.] All tolls chargeable on
any boat or float for any voyage about to be made on either of the canals
of this state, shall be paid to the collector (who is required to issue a clear-
ance for such voyage), before such clearance shall be issued; and no collector
shall be required to issue a new clearance for any boat, till all arrearages
of tolls chargeable on such boat shall be paid. [38 v. 87.]
218-168) [When permit instead of clearance may be issued.]
Any collector, from whom is required a clearance, agreeably to the seventy-
169
Tit. III, Ch. 5a. BOARD OF PUBLIC WORKS-CANALS.
§ (218—169).
second [seventy-fourth] and seventy-third [seventy-fifth] sections [§§ (218-137),
(-138)] of this act, may issue a permit, instead of a clearance: provided, the
voyage for which such prrmit shall be issued, shall not extend to, nor within a
mile of any place on the canal where there is a collector's office. [38 v. 87.]
(218-169) [Proceedings where voyage is commenced more than
a mile from a collector's office.] In all cases where a boat or float shall
commence a voyage at any place more than one mile distant from any collector's
office, and which voyage shall terminate at any place at which, or within a
mile of which there is a collector's office, all tolls chargeable on such boat,
float, and cargo on board thereof, shall be paid to the collector at or near
whose office such voyage terminates; and a permit shall be obtained from
such collector for unlading, before any part of the cargo of such boat or float,
or any article composing any such float, shall be unladen, landed, or removed
from the canal; and for every violation of any of the provisions of this sec-
tion, the master of such boat or float shall forfeit and pay the sum of ten
dollars, and also double tolls on every article so unlawfully landed, removed,
or unladen; for the payment of which penalties and tolls, such articles, and
also every owner or part owner of any such boat, float, or article, shall be
liable. [38 v. 87.]
(218-170) [Collectors who receive bills of lading to make out
certificate, etc., which shall be signed by master, etc.] It shall be the
duty of every collector to whom bills of lading are required to be presented,
in order to obtain a clearance for any voyage, agreeably to the seventy-fifth
[seventy-seventh] and seventy-sixth [seventy-eighth] sections [SS (218-140),
(-141)] of this act, to make out from such bill or bills of lading, in a book to
be provided by him for that purpose, a certificate, containing a pertinent descrip-
tion of the articles composing the cargo of the boat or float, or composing such
float, for which clearance is about to be issued, properly classified and designated
with reference to the rates and amount of tolls chargeable thereon; which certifi-
cate shall be signed by the master of such boat or float, who shall also attest
on oath or affirmation to the correctness thereof, if required by the collector,
before the clearance for such boat or float shall be issued. [38 v. 87].
In
(218-171) [Who to make certificates of additional cargo.]
case any property, not contained in the certificate prescribed in the preceding
section, shall be received on board of any boat after said boat shall have pro-
ceeded one mile from any collector's office, the collector, whose office shall be
next in order in the course of the voyage, to the place where such property
was received on board, shall make out a certificate of all such property, in a
book to be provided by him for that purpose, conformably to the requisitions
of the preceding section, which shall be signed, and, if the collector shall
require, be attested by the master of such boat or float, on oath or affirmation.
[38 v. 87.]
(218-172) [Penalty under two preceding sections, and for signing
false certificate.] Every master of any boat or float, who shall, in any respect,
refuse to comply with the requirements of the two preceding sections, or who
shall sign a false certificate, shall, for every such refusal or offense, forfeit the
sum of twenty-five dollars. [38 v. 87.]
(218-173) [Articles in certificate to be entered on clearance
and how.] In every case where a certificate is required to be made out and
signed, agreeably to the provisions of the one hundred and fifth [one hundred
and seventh] and one hundred and sixth [one hundred and eighth] sections
[§§ (218—170), (—171)] of this act, the collector shall enter upon the clearance
a correct list or statement of all articles of lading contained in such certificate,
170
§ (218-174).
BOARD OF PUBLIC WORKS-CANALS. Title III, Ch. 5a.
properly classified and designated, with the amount of tolls charged and received
thereon, and shall sign his name thereto. [38 v. 87.]
(218-174) [When clearance shall be presented to collector.] On
the arrival of any boat or float at the place of destination, or at any place
in the course of the voyage where there is a collector's office, if in the day
time, the master thereof shall immediately present to the collector the bill or
bills of lading, as required by the seventy-sixth [seventy-eighth], seventy-
seventh [seventy-ninth] and seventy-eighth [eightieth] sections [§§ (218—141),
(-142), (-143)] of this act, together with the clearance and list of passengers;
and if such boat or float shall arrive in the night time, the same shall be pre-
sented between the time of arrival and one hour after sunrise. [38 v. 87.1
(218-175) [Bills of lading, cargo, and clearance to be exam-
ined and compared, and tolls paid, before boat shall proceed.] No boat
or float shall proceed on its voyage until the bill or bills of articles of lading
on board thereof, or composing such float, together with the clearance and
list of passengers, shall have been presented to the collector, as provided in
the preceding section; nor until all necessary examinations and comparisons
of such bills of lading, clearance and cargo, shall have been made, nor until
all tolls chargeable on such boat, float, or cargo, payable at such office, shall
have been paid, and the necessary certificate of an additional cargo, if any,
shall have been signed, and if required by the collector, attested on oath or
affirmation; and the collector may detain both the bills of lading and clear-
ance, until the necessary entries shall be made on such clearance, and until all
the requisitions of this section shall be complied with. [38 v. 87].
(218-176) [Penalty for passing by or leaving collector's office
without clearance or permit.] In case any boat or float shall depart from
any place where there is a collector's office, without a clearance or permit, or
shall pass by any place where there is a collector's office, without first having
complied with each and every provision of the preceding section, the master
thereof shall, in each case, forfeit and pay the sum of ten dollars, together
with double tolls on all articles on which tolls were payable at such office.
[38 v. 87.]
(218-177) [For unloading, etc., without permit.] No part of the
cargo of any boat or float, nor any article composing such float, or any
part thereof, shall be unladen, landed or removed from the canal, at the ter-
mination of any voyage on such canal, nor at any place on the canal within
one mile of a collector's office, until the clearance, together with the bill or
bills of lading, of the whole cargo of such boat or float, shall have been pre-
sented to the proper collector, and a permit obtained from such collector for
such unlading, landing or removal; which permit such collector is hereby
required to grant, after a reasonable time shall have elapsed for the examina-
tion of such clearance, bills of lading and cargo, and on the payment of all
tolls which shall remain due; and for every violation of the provisions of this
section, the master of such boat or float shall forfeit and pay the sum of ten
dollars, and also double the amount of tolls chargeable on the article or arti-
cles so unlawfully landed, removed, or unladen: provided, that in all cases
where any boat shall be in a leaky condition, or from any other cause, goods
or property on board any such boat shall be in danger of damage or perishing
by delay, and the proper collector cannot be found, such goods or property
may be landed or secured until such collector may be found, and a permit
obtained for the further removal of the same. [38 v. 87].
171
Tit. III, Ch. 5a. BOARD OF PUBLIC WORKS-CANALS.
§ (218-178).
(218-178) [Boats, etc., navigating without authority, to be stopped.]
In any case where any boat or float shall navigate, or attempt to navigate,
on either of the canals of this state, without being legally authorized so to
do, it shall be the duty of every lock-tender, superintendent, or other author-
ized agent of the state, on being notified thereof, to stop and detain such boat
or float, until the same shall be legally authorized to proceed. [38 v. 87.]
(218–179) [Clearance to be exhibited to lock-tender or super-
intendent, when demanded, or boat stopped.] For the purpose of ascertain-
ing whether any boat or float which shall be found navigating on a canal of
this state is authorized so to do, it shall be the duty of the master thereof to
exhibit to the lock-tender at the first lock at which such boat or float shall
arrive, after having departed from, or passed by any place at which there is a
collector's office, the clearance of such boat or float; and if there be no lock-
tender at such lock, then the same shall be exhibited to the first lock-tender
or superintendent, who shall be passed in the order of the voyage from such
collector's office, and who shall demand to see such clearance; and if the clear-
ance shall not be so exhibited, such lock-tender or superintendent shall stop
such boat or float from proceeding further on the canal, until the same shall
be legally authorized so to do. [38 v. 87.]
(218-180) [Penalty, under two preceding sections.] The master of
any boat or float who shall pass or attempt to pass in contravention of the
provisions of the two preceding sections, shall forfeit and pay the sum of
twenty-five dollars, and also be liable for all damages that may accrue in con-
sequence of such violation. [38 v. 87.]
(218-181) [Property belonging to the United States to pass
free of tolls.] All boats, floats, or other property of the United States, shall
be permitted to navigate, or be transported on either of the canals of this state,
free from the payment of tolls: provided, satisfactory proof be made to the
proper collector, that the same is, bona fide, the property of the United States;
but all such boats, floats, or other property, shall be reported cleared, and in
all other respects be subject to all and singular the rules, regulations, pro-
visions, and forfeitures and liabilities prescribed by the laws of this state, or
the orders of the board of public works in accordance therewith. [38 v. 87.]
218-182) [How to ascertain that property belongs to the United
States.] Any collector may examine, on oath or affirmation, the master of
any boat or float from which exemption from the payment of tolls is claimed,
under the provisions of the preceding section, and the master of any boat or
float, on board of which is transported any property for which such exemp-
tion is claimed, as to the ownership of such boat, float, or other property,
and if he shall refuse to answer such proper questions as may be propounded
by such collector in relation to such ownership; or if, from his answers, the
collector shall not be satisfied that the boat, float, or property in question, is
the property of the United States, tolls shall be charged and paid thereon,
as in other cases. [38 v. 87.]
(218-183) [Liability of owners, part owners, etc., to penalties,
tolls, etc., incurred by master, etc.] Every owner and part owner of any
boat or float, and also such boat or float, shall be severally liable for the
payment of all penalties and forfeitures incurred by the master thereof, or by
any boatman or other person assisting in the navigation or management of
such boat or float, and also for the payment of all tolls chargeable thereon
or chargeable on any property or passengers transported on board thereof.
[38 v. 87.]
(218-184) [Meaning of the term "float:" "master."] The term
"float," as used in this act, shall be construed to embrace every boat, vessel,
172
§ (218-185).
BOARD OF PUBLIC WORKS-CANALS. Tit. III, Ch. 5a.
raft, or floating thing, navigated or moved on either of the canals, under the
direction of any person or persons having charge thereof; and the term
master," as so used, shall be construed to apply to every person having, for
the time, the charge, control or direction of any such float. [38 v. 87.]
(218-185) [When collector to deposit, in auditor's office, accounts,
clearances and books.] The collectors of tolls shall keep accounts of all
tolls received by them, in such form as shall be prescribed, from time to time,
by the auditor of state, and shall deposit the original books of accounts,
together with such clearances and other papers as he shall require, in the aud-
itor's office, on or before the tenth day of December, in each year. [38 v. 87.]
(218-186) [Daily abstracts to be kept by collectors, and when to
be transmitted to auditor.] Each collector shall make abstracts from such
books, showing the amount of tolls received by him each day, and transmit
the same by mail to the auditor, once in each month, and as often as the auditor
shall require, if he shall think proper to require such abstracts more frequently
than once in each month. [38 v. 87.]
124 of this act repealed, 55 v. 103.
(218-187) [Collector to be removed and sued if he neglects to
deposit, or to transmit abstract and account.] If any collector of tolls
shall omit to transmit any abstract or certificate of deposit, or to deposit in
the office of the auditor of state the original book of account, clearance, or
other paper, as required by the preceding sections, for the space of one month
after the same should have been done, the auditor shall immediately notify
the president of the board of public works of such omission; and such col-
lector shall be immediately removed from office, and the auditor shall immedi-
ately cause suit to be instituted against such collector and the sureties on the
bond of such collector. [38 v. 87.]
(218-188) [Penalty if collector uses or loans moneys collected.]
If any collector of canal tolls shall use for his own benefit, or lend to any per-
son, any of the moneys belonging to the state that may come into his hands,
by virtue of his said office, he shall be deemed guilty of a misdemeanor, and
upon conviction thereof, before any court of competent jurisdiction, shall for-
feit to the state a sum double the amount of that so used or loaned, and,
moreover, be confined in the county jail, a period not exceeding ninety days,
at the discretion of the court. [38 v. 87.]
(218-189) [Auditor of state to open account with collectors and
examine abstracts, etc.] The auditor of state shall open and keep a correct
account with each collector of tolls, in a book to be provided by him for that
purpose; and for the purpose of making out such account, shall carefully
examine and compare the books, abstracts, and other papers returned by each
collector; and shall also compare the same with the abstracts and papers
returned by other collectors, which may furnish a corresponding account of
any items contained in such abstracts. [38 v. 87.]
(218-190) [Board to furnish auditor with names and salaries,
etc., of collectors, and deposit collectors' bonds with him.] It shall be
the duty of the board of public works to furnish the auditor with a statement,
exhibiting the names of the several collectors of tolls, and of the place where
each is to keep his office; the amount allowed each collector for his salary,
office rent, or any other allowance authorized by the board; and of all
changes from time to time made in the foregoing particulars; and to deposit
in his office all bonds given by collectors for the purpose of enabling the
auditor to comply with the requisitions of the foregoing sections. [38 v. 87.]
(218-191) [Board authorized to make rules and regulations.]
The board of public works shall, from time to time, make such rules and
173
Tit. III, Ch. 5a. BOARD OF PUBLIC WORKS-CANALS.
§ (218—192).
regulations, not inconsistent with the laws of this state, in respect to the
size and structure of boats, rafts, and other floats, on the waters of the canals,
and the weighing and inspecting of boats, and their loading, and in respect
to all matters connected with the navigation of the canals, and impose such
forfeitures of money, for the breach of such rules and regulations, as they
may judge reasonable; and to provide for the detention and sale of any such
boats, rafts, or other floats, as shall or may contravene such rules and regula-
tions, in cases where the owner or owners of such boats, rafts, or other floats
shall neglect or refuse to pay such forfeiture: provided, that no forfeiture so
imposed shall, for a single offense, exceed the amount of actual damage done
thereby, more than twenty-five dollars; and provided, also, that nothing in
this section shall be construed to prevent said forfeitures being recovered by
action of debt, at the suit of any commissioner, or any of the officers or agents
employed by said commissioners, who are hereby authorized to sue for and
recover the same for the use of the state. [38 v. 87.]
(218-192) [To print and distribute them.] The board of public
works shall cause a sufficient number of all such rules and regulations, includ-
ing the forfeitures for the breach thereof, to be printed; and shall distribute
the same to the superintendents, the collectors of tolls, and lock-keepers, to be
kept in their respective offices for public inspection. [38 v. 87.]
(218-193) [Masters, owners, part owners, and boats liable for
payment of penalties, etc.; boat may be prevented navigating canal,
till penalties, etc., paid.] The captain, or master, and the owner or part
owner of any boat or other float, on either of the canals authorized to be
made in this state, and likewise the boat or float itself, shall severally be liable
to the payment of any penalty or forfeiture, and likewise to all damages
which may accrue in consequence of the violation of any of the provisions of
any law of the state, or any order of the board of public works duly made
and published, relating to the canals, the navigation thereof, or the collection
of tolls thereon, by any person navigating any such boat, or assisting in the
navigation or management thereof at the time of such violation; and every
such boat or water float may, at the discretion of either acting commissioner,
resident engineer, or any collector of tolls, be prevented from navigating
either of said canals, until such penalty, forfeiture, and damages, and costs
accrued in prosecuting therefor, shall be fully paid. [38 v. 87.]
(218-194) [Clause in process to detain boat.] When any such suit
shall be prosecuted for any such penalty or forfeiture, the magistrate issuing
the process, by a clause to be inserted therein, may direct the officers serving
the same to detain such boat or float, and the furniture and horses belonging
thereto, until the suit shall be determined, or until adequate security shall
be given for the payment of any judgment that may be recovered. [38 v. 87.]
(218-195) [Proceedings thereon.] If such security shall be given,
or the defendant in such suit shall prevail, the magistrate shall order the
boat or other float and property detained, to be released; but if no such
security be given, and a judgment shall be recovered for such penalty or for-
feiture, and the same, together with the costs, shall not be immediately paid,
an execution shall be forthwith issued, under which the property so detained
may be sold, in like manner as if the judgment had been rendered against the
owner or owners thereof. [38 v. 87.]
(218-196) [What penalties may be chargeable on boat; who may
bring suit for them.] Every penalty and forfeiture prescribed by this act,
or any order of the board made in pursuance thereof, and for which any
174
§ (218—197).
BOARD OF PUBLIC WORKS-CANALS. Tit. III, Ch. 5a.
"
owner, master, boatman, navigator, or other person having charge of any
boat or float, or assisting in the management thereof when such penalty or
forfeiture is incurred, may be liable, shall be chargeable on such boat or float;
and a suit in the name and on behalf of the state of Ohio, for the recovery of
such penalty or forfeiture, may be brought by any collector, lock-tender, super-
intendent, engineer or acting commissioner, before any justice of the peace,
or before any court of competent jurisdiction, either against the person who
was master of the boat at the time the penalty or forfeiture was incurred, or
against any person having charge or possession of such boat or float at the time.
such suit is commenced. [38 v. 87.]
(218-197) [Liability of party commencing suit without probable
cause.] If any collector, superintendent, acting commissioner, engineer
or other person, shall commence any suit, or institute any other proceed-
ing under the provisions of this act, or any order of the board, and judg-
ment shall be rendered for the defendant, in such suit or other proceeding,
or discontinued without the consent of the parties, such collector, superin-
tendent, acting commissioner, engineer or other person commencing such
suit or other proceeding, shall be liable to the defendant, or other person in-
terested therein, for all costs, hindrances, delay, and other damages sustained
thereby, to be recovered by action on the case, in any court of competent juris-
diction, unless the court or jury, as the case may be, shall be satisfied by
evidence produced by the defendant in the action brought for the recovery of
such damages, that there was probable cause for commencing and carrying on
such former suit or other proceeding. [38 v. 87.]
(218-198) [The right of appeal.] In all prosecutions and proceed-
ings under this act, it shall be lawful for either party to appeal to the court of
common pleas of the proper county, upon the same conditions and in the
same manner as appeals are allowed by law in civil cases, cognizable by justices
of the peace. [38 v. 87.]
(218-199) [Where suit may be brought under this act; dep-
ositions if suit adjourned.] Either of the acting members of the board of
public works, resident engineers, superintendents, lock-tenders or collectors,
shall be authorized to commence suit against any person charged with the
commission of any offense, or made liable under the provisions of this act, or
the orders of the board, before any justice of the peace in any county in the
state where the person so charged or made liable may be found, or in the
county where the offense was committed; and if any person so charged or
made liable shall, when before the justice for trial, ask for an adjournment of
the trial, or a continuance of the case, and the justice shall deem it expedient
to grant such adjournment or continuance, it shall thereupon be his duty to
reduce to writing the testimony of each witness in attendance, on the part of
the state, and to cause the same to be subscribed and sworn to; the defendant
shall have a right to cross-examine witnesses, and the depositions so taken
shall be competent evidence on the trial of the case, before said justice; and
should the case be appealed, they shall be competent evidence upon the trial.
in the appellant court. [38 v. 87.]
Next section of original act was repealed, 55 v. 133.
To prevent vexatious prosecutions, and to insure prompt action in cases requiring it, a discretion is
vested in the officers having charge of the canal, and exclusively authorized to institute the prosecution:
White v. State, 14 O. 468.
In a suit in the name of the state against an individual to recover a penalty incurred by a violation of
this law (section 5), a collector of tolls who instituted the prosecution was held to be a competent witness,
notwithstanding his liability in damages to the party aggrieved, where the suit was commenced without
probable cause: Smith v. State, 18 O. 89.
175
Tit. III, Ch. 5a. BOARD OF PUBLIC WORKS-CANALS.
§ (218—200).
(218-200) [Penalty for neglecting or refusing to pay over such
money, and how collected.] Any person who shall neglect or refuse to pay
over moneys received or collected by him, agreeably to the provisions of the
preceding section, shall, on conviction thereof, forfeit and pay twenty-five per
centum on the amount so detained by him, as a penalty, which penalty and
amount detained shall be sued for and collected by the collector, to whom the
money so detained should have been paid, in an action of debt, for and on
behalf of the state. [38 v. 87.]
See "History of Ohio Canals," at end of chapter.
(218-201) [Rafting unhewn timber on canal.] So much of the
thirty-fifth section of an act to provide for the protection of canals of the state
of Ohio, the regulation of the navigation thereof, and for the collection of tolls,
passed March twenty-third, eighteen hundred and forty, as prohibits the rafting
of round or unhewn timber on any of the canals of this state, be and the same
is hereby repealed; and that the board of public works may, if in their
opinion it be expedient, make such regulations as they may think proper and
necessary to regulate the rafting of such timber as aforesaid, and the tolls to
be paid thereon. [44 v. 67; S. & C. 222.]
See "History of Ohio Canals," at end of chapter. See (218—100).
(218-202) [Penalty, etc., for taking fencing.] If the captain of any
canal boat, or other person employed upon or traveling on such boat, shall take
and carry away any rail or rails, stake or stakes, or other materials used or pre-
pared for fencing, without permission of the owner, the captain or other per-
son having charge of such boat shall, for every such act committed by him-
self, or other person employed upon or traveling on such boat, pay any sum
not less than ten nor more than twenty-five dollars, to be recovered by action
in the name of the owner, and for his use, before any justice of the peace
having jurisdiction; and such judgment shall be a lien upon such boat, its
furniture and teams, any of which property may be taken and sold on execu-
tion upon such judgment, to enforce such lien. [54 v. 78; S. & C. 223.]
See "History of Ohio Canals," at end of chapter.
(218-203) [Losses on canals, etc., will not be paid by state.] No
claim for any damages arising from any loss or injury of, or to any property or
merchandise passing along, or being on the canals, navigable feeders, slack-
water improvements, roads or other improvements of any kind whatsoever,
belonging to this state, shall hereafter be allowed or paid by the state or out
of its treasury, in any manner directly or indirectly; and the words property
or merchandise shall be construed to extend both to the goods and to the
vehicle in which they may be contained. [46 v. 65; S. & C. 224.]
(218-204) [Insurers shall have no recourse on the state.] No
insurer or insurance company shall have any recourse on the state or its
treasury, to be reimbursed for any loss such as is mentioned in the first section
[§ (218—203)] of this act, by reason of such insurer or insurance company hav
ing paid or being liable to pay the same; but nothing herein contained shall be
construed so as to take away or impair any right of action which any person or
company may at any time have against any person for negligence or delin-
quency in the discharge of his duties. [46 v. 65; S. & C. 224.]
See "History of Ohio Canals," at end of chapter.
(218-205) [When water is drawn off canals.] In all cases where the
water shall be partially drawn off from any part of either of the canals in conse-
quence of a breach, or for the purpose of making repairs, or from any other
cause, so as to prevent the passage of heavily laden boats thereon, every boat
or other float, detained or prevented from proceeding on its voyage thereby,
176
§ (218-206).
BOARD OF PUBLIC WORKS-CANALS. Tit. III, Ch. 5a.
shall be so moored and placed as not to obstruct the passage of other boats or
floats requiring less depth of water to enable them to navigate the canal; and
if any boat or float, so detained or prevented from proceeding in consequence
of the want of sufficient water, shall, either by design, or by accident or inad-
vertence, be so moored or placed as to prevent the passage of other boats, the
master or other person having for the time being the care of the boat or float so
moored or placed, on the application of the master of the boat or float whose
passage is obstructed thereby, shall immediately cause the boat or float occa-
sioning such obstruction to be removed, if practicable, so as to permit the free
passage of other boats or floats. [76 v. 185.]
(218-206) [Lights, and name of boat.] Every boat passing on
either of the canals of this state, or on any feeder of either of them, is required at
all times during the night to carry conspicuous lights on the bow of the boat.
No boat or float shall be permitted to navigate any of the canals of this state
without having the name of such boat or float painted on some conspicuous,
permanent part of the said boat or float, in letters at least four inches in
height. And no boat or float shall carry any canvas, cloth, or other covering,
so as to hide such name, unless said name shall be painted and fully displayed
on said canvas, cloth, or other covering so carried. [76 v. 185.]
(218-207) [Penalty.] The master or owner of any boat or float, who
shall violate any of the provisions of the two preceding sections, shall forfeit
and pay, for every such violation, the sum of ten dollars. [76 v. 185.]
(218-208) [Name of boat.] No boat or float shall be permitted to
navigate either of the canals of the state having the name of any other boat
on the same canal, and the master of any boat or float who shall violate this
provision shall forfeit and pay the sum of ten dollars for each and every offense;
and every mile navigated in contravention thereof shall be considered a
distinct offense. [76 v. 185.1
(218-209) [Boats faced with iron.] No boat or other float, strapped
or faced with iron on the front of the stem, or other most prominent part
of the bow thereof, so as to be liable to strike with such iron facing against any
part of any lock, lock-gate, guard-gate, bridge, or other work or device apper-
taining to the canal, shall be permitted to navigate, or be moved, on either of the
canals of this state, unless there shall be suspended and thoroughly secured
in front of the stem, or other most prominent part of the bow of such boat
or float, in such a manner as effectually to prevent the iron facing or strap
thereof from striking upon or against any lock, lock-gate, guard-gate, bridge, or
other work or device appertaining to the canal, a good and sufficient fender, com-
posed of rope or rope yarn, at least six inches in diameter. And no clear-
ance shall be granted to any boat or float which shall not at the time of
applying for such clearance, be provided with such fenders; and it shall be
the duty of every collector of tolls, inspector, resident engineer, lock-tender,
or superintendent of repairs, to see that the said order be strictly enforced.
[76 v. 185.]
(218-210) [Bow-line.] No boat or float shall be permitted to navigate
the canals of this state without a good and sufficient bow-line, and each col-
lector of tolls, superintending engineer, superintendent of repairs, or lock-tender
on the canal where such boat or float shall pass, is hereby authorized to de-
termine the sufficiency of the bow-line. [76 v.
185.]
(218-211) [Penalty.] The master of any boat or float, which shall
be found navigating or moving on either of the canals of this state, in contra-
vention of the two preceding sections, shall forfeit and pay the sum of five
177
Tit. III, Ch. 5a. BOARD OF PUBLIC WORKS-CANALS.
§ (218-212).
dollars for each offense; and each mile that a boat or float shall be moved in
contravention of the provisions thereof shall be considered a new offense.
[76 v. 185.]
(218–212) [Horses of boats.] The horse or horses of any boat navi-
gating the canals of this state shall not pass over a towing-path bridge faster
than a walk, nor pass into or out of any boat or float over or upon the walls
or sides of any lock, on either of the canals of this state; and the master of any
boat or float, who shall violate this regulation, or permit it to be done by
others, shall forfeit and pay the sum of five dollars. [76 v. 185.]
(218-213) (Refuse matter and fire.] No hay, straw, manure, or
other litter of any kind, shall be deposited in any part of either of the canals
of this state, nor on either of the banks thereof. No person shall carry fire,
in any form, on or across any wooden structure on any of the public works of
this state, unless the same shall be inclosed in a lantern or some other closed
vessel. [76 v. 185.]
(218-214) [Penalty.] Any person violating the provisions of the
preceding section shall forfeit and pay the sum of ten dollars for each offense,
and all damages incident thereto. [76 v. 185.]
(218-215) [Embankment; excavation; proviso.] Where the canal
is composed, either wholly or in part, of embankment, no fence, pen,
wall, house, or other thing, shall in any way occupy or be placed on any part
of the embankment, levee, or landing attached to the canal, side-cut, or basin.
Where the canal is composed, either wholly or in part, of excavation, no fence
shall be placed within fifteen feet of the front edge of the towing path, nor
within ten feet of the front edge of the berme bank: provided, that when the
canal may be of extra width, the acting commissioner may, at his discretion,
permit such deviation from the foregoing regulations as he may deem proper,
so far as the construction of fences on the berme side of the canal is concerned;
and any person who shall violate either of the provisions of the foregoing
section shall forfeit and pay the sum of ten dollars for each violation, and,
moreover, be liable for all expenses incurred by the agents of the state in
removing any fence, pen, wall, house, or other things placed or constructed
in contravention of the foregoing section. [76 v. 185.]
(218-216) [Interfering with draw-bridges.] If any person, except
a commissioner, engineer, superintendent, lock-tender, bridge-tender, or col-
lector, shall, under any pretense whatever, without express direction or per-
mission from some one of said agents, open or in any way interfere with either
of the draw-bridges on the Muskingum improvement, he shall pay a fine of
five dollars for each offense, and, moreover, be liable for all damages incident.
upon such interference. [76 v. 185.]
(218–217) [Inserting pipes, etc.] Any person
Any person or persons, or
body corporate, who shall insert or apply, or attempt to insert or apply, any
pipe, trunk, or other device whatever, for the purpose of taking water from
either of said canals or waters aforesaid, without first obtaining permission
therefor from the board of public works; or who shall fail or refuse to con-
form to the directions of the engineer in charge, in respect to the size, loca-
tion, and manner of constructing or inserting said pipe, trunk, or device, shall
be deemed guilty of a misdemeanor, and shall be liable as hereinafter provided.
Any lessee of water power, created by the public works, and used for manu-
facturing purposes, or any assignee under said lessee, who shall use, or allow
by leakage or otherwise, to pass through their mills or other hydraulic works,
a greater quantity of water than the amount specified in their lease or leases,
13
178
§ (218—218).
BOARD OF PUBLIC WORKS-CANALS. Tit. III, Ch. 5a.
said quantity to be determined by the chief engineer, or who shall neglect or
refuse to put in proper gauges to measure said water, after the quantity has
been determined, or who shall in any manner interfere with or change said
gauges after the same have been put in, and approved by the board of public
works or chief engineer, shall be deemed guilty of a misdemeanor, and be liable
as hereinafter provided. [76 v. 185.]
(218-218) [Penalties.] Any person or persons, or body corporate,
violating any of the provisions of the foregoing section, shall be deemed guilty
of a misdemeanor, and upon conviction before any court of competent juris-
diction, shall be fined in any sum not less than fifty dollars nor more than
five hundred dollars, or imprisoned in the jail of the proper county not less
than five days nor more than thirty days, or both, at the discretion of the court.
[76 v. 185.]
(218-219) [Additional penalties.] In addition to the penalties
already prescribed for violations of the provisions of this act, and the act to
which this is supplementary, the court before whom any case for such viola-
tion is tried, shall have power to sentence the party or parties convicted to
be confined in the jail of the proper county until the fines and costs are paid
or secured. [76 v. 185.]
(218-220) [Issuing clearance.] Whenever, in the opinion of any
collector of tolls, any boat for which a clearance is demanded, at his office
is, either from age, the rottenness of its timbers, its leaky condition, or other
cause, unsafe, and liable to obstruct or suspend navigation by sinking or other-
wise, said collector may refuse to issue said clearance unless the owner, or
manager in charge of said boat, shall first give bond, with sufficient security,
that said owner or manager will pay all expenses and damages caused by such
obstruction or suspension of navigation. In case the owner or manager of
any such boat shall be dissatisfied with the decision of the collector in such
case, said owner or manager may apply to the acting commissioner in charge
of that portion of the public works, who shall immediately, upon said appli-
cation being made, appoint three judicious, disinterested freeholders of the
county where such case may be located, as a board of survey, who shall,
after being first duly sworn, examine personally said boat, and certify to the
collector whether, in their opinion, said boat is safe and seaworthy or not,
and thereafter said collector shall be governed by the opinion of said board so
expressed. [76 v. 185.]
(218-221) [Appointment of canal survey commission; survey of
canal lands; monuments, maps, plats; bridges, aqueducts, culverts; lands
not needed for canal purposes; channel distances and courses; oath; bond;
salaries; expenses; appropriation; term; removals; vacancies.] The gov-
ernor, by and with the advice and consent of the senate, shall appoint a com-
mission consisting of three persons, not more than two of whom shall belong to
the same political party, who shall, within thirty days after their appointment,
proceed to survey and determine the boundaries of all lands heretofore appro-
priated for canal purposes, and owned by the state, the boundaries of which are
not now accurately known and of record, as already surveyed, and to mark the
same by proper monuments, and to make maps and plats of all said canal
lands not already platted, together with the necessary description and loca-
tion of all bridges, culverts and aqueducts, and shall clearly indicate and
describe in their report any part of said property that in their judgment is not
necessary for canal purposes, all of which is to be preserved as hereinafter
provided; and on that part used for channel purposes, the boundaries of which
are not in dispute, the courses and distances shall only be obtained for the
179
Tit. III, Ch. 5a. BOARD OF PUBLIC WORKS-CANALS.
§ (218-222).
purpose of ascertaining the lengths thereof. The members of said commis-
sion, after their appointment as above provided for, shall take an oath of
office, and give bond in the sum of one thousand dollars, conditioned for the
faithful discharge of their duties; and said commissioners shall each receive
the sum of twelve hundred dollars per annum, and their necessary expenses
while in the prosecution of their duties, to be paid out of the canal fund, said
salary to be paid in quarterly installments; and all accounts for expenses
shall be evidenced by [a] detailed statement duly verified by oath, and
approved by the auditor of state; and the necessary amount to meet such
salary and all other expense of the commission is hereby appropriated out of
said canal fund of the state, which shall be paid out on the warrant of the state
auditor; that the term of office of said persons so appointed shall be for the
period of two years, unless sooner removed by the governor, and the gov-
ernor is hereby authorized to fill any vacancy, that may occur, from the polit-
ical parties as named in the preceding part of this section. [85 v. 127.]
(218-222) [Employment of surveyors; duty of chief engineer of
board of public works.] Said commissioners shall employ surveyors to
make said surveys, maps, and plats, with necessary assistants, and fix their
compensation; and said maps and plats shall be made in conformity to
instructions and plans prepared by the chief engineer of the public works,
and when completed they shall be approved by him and said commission, by
endorsement signed by them respectively. [1889, April 12: 86 v. 270; 85 v.
127.]
(218-223) [Witnesses; where testimony, maps, etc., shall be
deposited; transcript.] Each of said commissioners is hereby authorized
to issue subpoenas for, and compel the attendance of such witnesses as they, or
either of them, may think necessary in fixing said boundaries, or ascertaining
any fact which said commission should ascertain in the discharge of its duties;
and the testimony so taken, together with said maps, plats, and field notes of
such surveys, and the report of said commission as to the boundaries of the
lands belonging to the state of Ohio, with its findings in that behalf, shall be
filed for preservation in the office of the board of public works; and upon
any trial in any of the courts of this state, any of said findings, maps, plats,
or surveys, which may in any manner relate to or have any bearing upon the
subject-matter at issue, shall be taken and held to be competent [prima facie]
evidence of the truth of such findings, and the boundaries of said lands, and
that the state of Ohio has the ownership of said land, or such an interest in
it as may be therein stated; and a duly certified or sworn copy of such find-
ings, plat, or map shall, when produced on said trial, have the same force and
effect as the original from which it was taken would have under this section
if produced on said trial. [1889, April 12: 86 v. 270; 85 v. 127.]
(218–224) [Arbitration and award as to rights of occupants.]
That in all cases where any land claimed by the state is in the possession
and occupancy of any person, persons, or corporation claiming the owner-
ship thereof, and such person, persons, or corporation shall appear before
said commission and submit such claim or claims to the award and decision of
said commission for the purpose of determining the boundary line of said land
or the ownership thereof, said commission may make an award and decision
thereon, which shall be final and conclusive as to all the parties thereto having
notice and not under legal disability. [1889, April 12: 86 v. 270; 85 v. 127.]
(218-225) [Lands not necessary for actual use may be leased.]
That each and every tract of land which said commission shall find to be
the property of the state of Ohio, and which, in the opinion of said commis-
180
§ (218-226).
BOARD OF PUBLIC WORKS-CANALS. Tit. III, Ch. 5a.
sion, the board of public works and its chief engineer, shall not be deemed
necessary for the actual use, efficiency, and operation of the canals of said state,
or either of them, shall be valued by said commission at its true value in money,
and if such land shall not be then under an existing lease, or if to let, then at
the expiration of such lease, said land may be leased or let on the terms and
conditions hereinafter provided for. [1889, April 12: 86 v. 270; 85 v. 127.]
(218-226) [Lease of unoccupied lands; how lands to be appraised.]
That if such land is not in possession of any person, or persons, or corpo-
ration having a building, buildings, or other valuable structures thereon,
it may be immediately let or leased for fifteen years, at an annual rent of
six per cent. per annum on said valuation, to be paid semi-annually, in
advance, and at such place as said commission, board of public works and its
chief engineer may fix by the terms of said lease. Any tract of land so to be
valued or appraised, if in the actual possession of any person, persons, or
corporation who may own a building or buildings, or other valuable structure
thereon, such valuation shall not embrace the value of such building, or
buildings, or other valuable structure, and the person, or persons, or corpora-
tion owning the same shall be entitled to such a lease of said land or lands
upon the same terms and conditions as any other person or corporation would
or might be entitled to under this act if there were no building or buildings,
or other valuable structure upon said land; provided always, however, that
each and every building or other valuable structure erected thereon by any
person, or persons, or corporation may be taxed as other property of individ
uals or corporations in the same locality. [85 v. 127.]
(218-227) [When rights of occupants or persons claiming owner-
ship forfeited; owners may remove building.] That if the person, or
persons, or corporation owning or claiming to own. a building or other
valuable structure on any land as aforesaid, found to be the property of the
state of Ohio, shall not, within ten days after such finding and notice thereof,
apply for a lease thereof and enter into a lease therefor, as herein provided,
then the right of such person, or persons, or corporation to such a lease shall
cease and from thenceforth be void; and said commission shall give a public
notice by advertisement published for at least two consecutive weeks in some
newspaper printed and generally circulated in the county where such land is
situated, that it will lease such property upon the terms herein provided for,
and it may, subject to the conditions of this act, so lease said land on the day
so named in such notice, or any day thereafter; but if said commission shall
find that said building, or buildings, or other valuable structure are not the
property of the state of Ohio, the owner or owners may, with the assent of
said commission, and on or before a day fixed by them, remove said building,
or buildings, or other valuable structure from the land of the state, if such
removal can be accomplished without injury to said land. [85 v. 127.]
(218-228) [Leases to be prepared by attorney-general; what to
contain.] That all leases to be made under the provisions of this act shall
be prepared by the attorney-general of the state, and each lease shall contain a con-
dition that if any installments of rent therein agreed to be paid, shall not be paid
at the time specified, or within ten days thereafter, whether a demand therefor
shall or shall not be made, said lease shall, at the option of the board of public
works, become and be null and void as against the state of Ohio, and that the
lessee so in default, his heirs, or assigns, or any party in possession of such
demised premises, shall yield up the possession thereof to said board of public
works or its authorized agent, and the same shall thereupon be leased to any
person, or persons, or corporation upon the same conditions as herein provided
for in other cases. [85 v. 127.]
181
Tit. III, Ch. 5a. BOARD OF PUBLIC WORKS-CANALS.
§ (218-229).
(218-229) When and for what purpose action may be brought.]
That if said commission shall find that any person, or persons, or corporation
is unlawfully in possession, use, or occupation of any land belonging to
the state of Ohio, or has taken, carried away, or in any manner injured the
whole or any part of any canal lock, or weigh lock, culvert, acqueduct, or
canal bridge, or any of the abutments thereof belonging to said state, or any?
of the materials used in the construction of any such lock, culvert, aqueduct,
or canal bridge, or any of the abutments thereof belonging to said state, it
shall direct the attorney-general, and it is hereby made his duty, to bring a
eivil action or civil actions to recover the possession of such lands, or dam-
ages for the property so taken, carried away, or injured, and any person or
persons who may have advised or unlawfully aided any other person or per-
sons to injure said property or take it or carry it away, may in every such
action be made a co-defendant with the person or corporation who so took,
injured, or carried away said property, and such a joint or several judgment
may be had therein against him in such action as may be right and proper
therein. And any suit or suits authorized to be brought by this act may be
commenced in the county where such property is situated, or if against a rail-
road corporation or corporations may be commenced and prosecuted in Frank-
lin county. [90 v. 328; 87 v. 220; 85 v. 127.]
(218-230) (For what purpose lands may be leased.] The com-
mission appointed by this act, and the board of public works and its chief
engineer, may, under such rules, regulations, and conditions as to semi-annual
payment of rent, and otherwise, lease or let to any person or persons, or to
any corporation organized under the laws of this state, the right to lay a line
of pipe along the berme bank of any canal, basin, or reservoir of the state for the
purpose of transporting oil or gas from the natural oil or gas fields for manufact-
uring purposes, and any tract or parcel of land, not exceeding forty acres, owned
by this state, along any canal or in any of the reservoirs or canal basins of
the state, for the purpose of digging or boring therein for gas and to be con-
veyed or transported therefrom, the gas found thereunder, such lease to be
granted for a period not exceeding ten years, and the lease therefor shall be
prepared as in other cases herein provided for, with like stipulations, provis-
ions, and conditions, except as to the amount of the rent to be paid. But
no lessee or lessees, or his or their assignee or assignees shall have any power
to fill up any part of the land so leased, or in any manner to obstruct naviga-
tion therein, and no such lease shall be granted or given unless in the opinion
of the said commission, board of public works, and chief engineer, the use of
the land so leased would not materially injure or interfere with the naviga-
tion of any of the canals of this state. [85 v. 127.]
(218-231) [When land may be sold; terms, etc.] Any land or
lands belonging to the state of Ohio, near or remote from the line of any canal
in this state, that can not be leased so as to yield six per cent. on the valuation
thereof, as determined by said commission, may be sold by said commission
at not less than three-fourths of such valuation, upon such terms of payment
as may be fixed by the commissioners of the sinking fund, and such land
shall be offered for sale at public vendue, at the court-house in the county
where the same is situated, after at least thirty days' notice given by publica
tion in two papers of opposite politics, of general circulation in such county;
182
§ (218-232).
BOARD OF PUBLIC WORKS-CANALS. Tit. III, Ch. 5a.
provided, however, that said commission, together with the governor and attor-
ney-general of the state of Ohio, shall have power to sell any such land or
lands which are appraised at five hundred dollars or less at private sale, at a
price not less than the appraised value thereof; the governor to execute deeds
to purchasers of any such lands, whether sold at public or private sale; pro-
vided, further, that such land or lands shall not be sold or offered for sale
unless the said commission, board of public works, and the chief engineer of the
board of public works shall have, by a majority vote in joint session, deter-
mined that such land or lands are not necessary or required for the use, main-
tenance, and operation of any of the canals of this state. [88 v. 507; 85 v. 127.)
As to governor, see 80 et seq.
(218-232) [Canal commission: governor authorized to appoint.]
The term of office of the commission appointed by the authority of an act
entitled "
an act to provide for a commission to establish the boundaries and
lines of canals, canal basins, reservoirs, etc., of the state, by an accurate
survey by metes and bounds, together with maps and plats of the same, and
to define and protect the ownership and titles of the state in and to all lands
belonging to, and connected with said canals," passed March 28, 1888, having
expired by limitation, and the work assigned to said commission not having
been completed, the governor is hereby authorized to appoint by and with
advice of the senate, a commission of three persons, not more than two
of whom shall belong to the same political party, who shall complete the work
prescribed in the above recited act, and the act amendatory thereto passed April
12, 1889, and in the manner therein provided. The term of office of said com-
mission shall be for two years, but any member thereof may be sooner removed
by the governor; and the governor is further authorized to fill any vacancy
which may occur in the commission. The members of said commission shall
give bond and receive the same compensation and allowance for necessary
expenses as provided in section 1, of the act to which this is supplementary.
[87 v. 219.]
(218-233) [Canal commissioners: general provisions.] The term
of office of the commission appointed by the authority of an act entitled
"An act supplementary to an act entitled an act to provide for a commission
to establish the boundaries and lines of the canals, and canal basins, reser-
voirs, etc., etc., of the state by an accurate survey by metes and bounds,
together with maps and plats of the same, and to define and protect the
ownership and titles of the state in and to all lands belonging to and connected
with said canals," [passed] April 18th, 1890, having expired by limitation, and
the work assigned to said commission not having been completed, the gover-
nor is hereby authorized to appoint, by and with the advice and consent of the
senate, two canal commissioners who shall complete, in the manner therein
provided, the work prescribed in the act entitled "An act to provide for a com-
mission to establish the boundaries and lines of canals, canal basins, reservoirs,
etc., etc., of the state by an accurate survey by metes and bounds, together
with maps and plats of the same, and to define and protect the ownership and
titles of the state in and to all lands belonging to and connected with said
canals," passed March 28th, 1888 (O. L. vol. 85, p. 127), and the act amenda-
tory thereof, passed April 12th, 1889 (O. L. vol. 86, p. 270), and the act supple-
mentary thereto (to which this act is supplementary), passed April 18th, 1890
(O. L. vol. 87, p. 219), and the act amendatory of the act of April 12th, 1889,
above named, passed May 1st, 1891 (O. L. vol. 88, p. 507), and the act enlarg-
ing the duties of the canal commission, passed April 23d, 1891 (O. L. vol. 88,
p. 338), and any other acts amendatory of or supplementary to the above
183
Tit. III, Ch. 5a. BOARD OF PUBLIC WORKS-CANALS.
§ (218-234).
named acts, and for such purpose the canal commissioners created by this act
shall exercise the powers and perform the duties conferred and imposed upon
the canal commission, or any member thereof, by the above named acts, or
either of them, or by any existing law. The term of office of such canal com-
missioners shall be two years, unless sooner removed by the governor, who is
authorized to fill any vacancy occurring in the office. The said canal commis-
sioners, after appointment, shall take an oath of office and give bond in the
sum of ten thousand dollars, conditioned for the faithful discharge of his
duties, and shall receive the sum of fifteen hundred dollars per annum, and
necessary expenses in the prosecution of his duties, to be paid as the compen-
sation and expenses of the canal commission, of which such canal commission-
ers will be the successors, as now required by law to be paid. [89 v. 376.]
(218–234) [Appropriations.] There is hereby appropriated out of
any moneys in the treasury to the credit of the general revenue fund not
otherwise appropriated, for expenses of the canal commissioners, seven thou-
sand two hundred and sixty dollars ($7,260.00), and for salary of the canal com-
missioners, three thousand dollars. [89 v. 376.]
(218-235) [Canal commissioners; general provisions.] The term
of office of the commission appointed by the authority of an act entitled "An
act supplementary to an act entitled 'an act to provide for a commission to
establish the boundaries and lines of the canals and canal basins, reservoirs,
etc., etc., of the state by an accurate survey by metes and bounds, together with
maps and plats of the same, and to define and protect the ownership and titles
of the state in and to all lands belonging to and connected with said canals,'
passed April 18, 1892, having expired by limitation, and the work assigned to
said commission not having been completed, the governor is hereby authorized
to appoint, by and with the advice and consent of the senate, two canal com-
missioners, who shall complete, in the manner therein provided, the work pre-
scribed in the act entitled "An act to provide for a commission to establish
the boundaries and lines of canals, canal basins, reservoirs, etc., etc., of the state
by an accurate survey by metes and bounds, together with maps and plats of
the same, and to define and protect the ownership and titles of the state in
and to all lands belonging to and connected with said canals," passed March
28, 1888 (O. L., vol. 85, p. 127), and the act amendatory thereof, passed April
12, 1889 (O. L., vol. 86, p. 270), and the act supplementary thereto (to which
this act is supplementary), passed April 18, 1890 (O. L. vol. 87, p. 219), and
the act amendatory of the act of April 12, 1889, above named, passed May 1,
1891 (O. L., vol. 88, p. 507), and the act enlarging the duties of the canal com-
mission, passed April 23, 1891 (O. L., vol. 88, p. 338), and any other acts
amendatory of or supplementary to the above named acts, and for such pur-
poses the canal commissioners created by this act shall exercise the powers and
perform the duties conferred and imposed upon the canal commission, or any
member thereof, by the above named acts, or either of them, or by any existing
law. The term of office of such canal commissioners shall be two years, unless
sooner removed by the governor, who is authorized to fill any vacancy occurring
in the office. The said canal commissioners, after appointment, shall take an
oath of office and give bond in the sum of ten thousand dollars, conditioned
for the faithful discharge of his duties, and shall receive the sum of fifteen
hundred dollars per annum and necessary expenses in the prosecution of his
duties, to be paid as the compensation and expenses of the canal commission,
of which such canal commissioners will be the successors, as now required by
law to be paid. [91 v. 55.]
(218-236) [Canal commissioners; general provisions.] The term
of office of the commission appointed by the authority of an act entitled "An
act supplementary to an act entitled 'an act to provide for a commission to
establish the boundaries and lines of the canals, and canal basins, reservoirs,
etc., etc., of the state by an accurate survey by metes and bounds, together with
184
§ (218-236a).
BOARD OF PUBLIC WORKS-CANALS. Tit. III, Ch. 5a.
maps and plats of the same, and to define and protect the ownership and titles
of the state in and to all lands belonging to and connected with said canals,'
passed March 13, 1894, having expired by limitation, and the work assigned to
said commission not having been completed, the governor is hereby authorized
to appoint by and with the advice and consent of the senate, two canal com-
missioners, who shall complete, in the manner therein provided, the work pre-
scribed in the act entitled "An act to provide for a commission to establish
the boundaries and lines of canals, canal basins, reservoirs, etc., etc., of the state
by an accurate survey by metes and bounds, together with maps and plats of
the same, and to define and protect the ownership and titles of the state in and
to all lands belonging to and connected with said canals," passed March 28,
1888 (O. L., vol. 85, p. 127), and the act amendatory thereof, passed April 12,
1889 (O. L., vol. 86, p. 270), and the act supplementary thereto (to which this
act is supplementary), passed April 18, 1890 (O. L., vol. 87, p. 219), and the
act amendatory of the act of April 12, 1889, above named, passed May 1, 1891
(O. L., vol. 88, p. 507), and the act en larging the duties of the canal commis-
sion, passed April 23, 1891 (O. L., vol. 88, p. 338), and any other acts amenda-
tory of or supplementary to the above named acts, and for such purposes the
canal commissioners created by this act shall exercise the powers and perform
the duties conferred and imposed upon the canal commission, or any member
thereof, by the above named acts, or either of them, or by any existing law.
The term of office of such canal commissioners shall be two years, unless sooner
removed by the governor, who is authorized to fill any vacancy occurring in
the office. The said canal commissioners, after appointment, shall each take
an oath of office and give bond in the sum of ten thousand dollars, conditional
for the faithful discharge of his duties, and shall each receive the sum of fifteen
hundred dollars per annum and necessary expenses in the prosecution of his
duties, to be paid as the compensation and expenses of the canal commission,
of which such canal commissioners will be the successors, as now required by
law to be paid. [92 v. 95.]
(218-236a) [Canal commissioners; general provisions.] SEC. 1.
The term of office of the commission appointed by the authority of an act en-
titled "An act supplementary to an act entitled 'An act to provide for a com-
mission to establish the boundaries and lines of the canals, canal basins, reser-
voirs, etc., of the state by an accurate survey by metes and bounds, together
with maps and plats of the same, and to define and protect the ownership and
titles of the state in and to all lands belonging to and connected with said canals,""
passed March 30, 1896, having expired by limitation, and the work assigned
to said commission not having been completed, the governor is hereby author-
ized to appoint by and with the advice and consent of the senate, two canal
commissioners, who shall complete, in the manner therein provided, the work
prescribed in the act entitled "An act to provide for a commission to establish
the boundaries and lines of canals, canal basins, reservoirs, etc., of the state by
an accurate survey by metes and bounds, together with maps and plats of the
same, and to define and protect the ownership and titles of the state in and to
all lands belonging to and connected with said canals," passed March 28, 1888,
(O. L., vol. 85, page 127), and the act amendatory thereof, passed April 12,
1889 (O. L., vol. 86, page 270), and the act supplementary thereto (to which
this act is supplementary), passed April 18, 1890 (O. L., vol. 87, page 219), and
the act amendatory of the act of April 12, 1889, above named, passed May 1,
1891 (O. L., vol. 88, page 507), and the act enlarging the duties of the canal
commission, passed April 23, 1891 (O. L., vol. 88, page 338), and any other act
amendatory of or supplementary to the above named acts, and for such pur-
poses the canal commissioners created by this act shall exercise the powers and
perform the duties conferred and imposed upon the canal commission, or any
member thereof, by the above named acts, or either of them, or by any existing
law. The term of office of such canal commissioners shall be two years, unless
185
Tit. III, Ch. 5a. BOARD OF PUBLIC WORKS-CANALS.
§ (218-237).
sooner removed by the governor, who is authorized to fill any vacancy occur-
ring in the office. The said canal commissioners, after appointment, shall each
take an oath of office and give bond in the sum of ten thousand dollars, con-
ditional for the faithful discharge of his duties, and shall each receive the sum
of fifteen hundred dollars per annum and necessary expenses in the prosecu-
tion of his duties, to be paid as the compensation and expenses of the canal
commission, of which such canal commissioners will be the successors, as now!
required by law to be paid. [93 v. 300.]
(218-237) [Canal commission required to collect documents per-
taining to title of state in land.] The canal commission be and they are
hereby authorized and required to collect together all memoranda, papers,
documents, reports, maps, plats and records, now in the office of the governor
of the state, secretary of state, auditor of state, board of public works and canal
commission in any wise appertaining to the title to any real estate that
formerly belonged to the state, or is now owned or claimed by the state, either
by cession from the United States for canal purposes or by purchase or appro-
priation by the state for said purpose under the laws of the state. [88 v. 338.]
(218-238) [Such documents must be recorded and preserved.
When so collected together said papers, plats, etc., shall be carefully recorded
in books to be furnished for that purpose in chronological order, as near as may
be, and a full and complete index thereof_made showing the references to all
such real estate by counties, townships and ranges, and in such other manner
as will clearly and definitely identify the same. Said original papers, plats,
etc., shall be carefully preserved in suitable wrappers or file boxes properly
marked, indorsed and filed away in the office of the board of public works;
and land department of the auditor of state's office, and upon any trial in any
of the courts of this state a certified copy of any of said papers, records, plats,
etc., duly certified to by the president or secretary of the board of public works
or the auditor of state, which may in any manner relate to or have any bear-
ing upon the subject matter at issue shall be taken and held to be prima facie
evidence of said records, plats, papers etc. [88 v. 338.]
(218-239) [Clerk.] For the purposes aforesaid said canal commission
are hereby authorized and required to employ some suitable competent person
at a compensation not exceeding five dollars per day for the time actually
employed; but the total expense of said collecting and abstracting shall not
exceed the sum of one thousand dollars. Said canal commission shall provide
for said clerk all necessary desk room, stationery, etc., in the offices aforesaid
to enable him to properly discharge his duties, all of said work to be done and
performed under the direction and supervision of said canal commission. And
said work shall be completed before the first day of January, 1892. [88 v. 338.]
(218-240) [Records to be made where land situated.] As soon as
said papers and records are so collected and gathered together, recorded, filed
and indexed as aforesaid, said canal commission shall cause all that portion of
said record in any manner affecting the title of said real estate to be carefully
transcribed by counties in alphabetical order, and when so transcribed the
same shall be duly certified to the recorders of the respective counties, who
shall thereupon proceed forthwith to record said transcribed records in a book
to be provided for that purpose, for which service they shall receive the same
compensation as provided by law for similar services out of the funds appro-
priated for the expenses of the canal commission. All requests to the board
of public works for a certified copy of any records shall be accompanied by a
fee, such as is allowed in other like cases, and all such fees shall be turned into
the state treasury. [88 v. 338.]
(218-241) [Enlarging powers, etc.] The canal commission be and
they are hereby authorized and required to collect together all memoranda,
papers, documents, reports, maps, plats and records now in the office of the
governor of the state, secretary of state, auditor of state, board of public works
186
§ (218—242).
BOARD OF PUBLIC WORKS-CANALS. Tit. III, Ch. 5a.
and canal commission, in any wise appertaining to the title to any real estate
that formerly belonged to the state, or is now owned or claimed by the state,
either by cession from the United States for canal purposes or by purchase or
appropriation by the state for said purpose under the laws of the state. [91 v.
305.]
(218-242) [Plats, etc., relating to title to property to be filed
and preserved.] When so collected together, said papers, plats, etc., shall be
carefully recorded in books to be furnished for that purpose in chronological
order, as near as may be, and a full and complete index thereof made, showing
the references to all such real estate by counties, townships and ranges, and in
such other manner as will clearly and definitely identify the same.
Said orig-
inal papers, plats, etc., shall be carefully preserved in suitable wrappers or file-
boxes properly marked, indorsed and filed away in the office of the board of
public works and land department of the auditor of state's office, and upon any
trial in any of the courts of this state a certified copy of any of said papers,
records, plats, etc., duly certified to by the president or secretary of the board
of public works or the auditor of state, which may in any manner relate to or
have any bearing upon the subject matter at issue, shall be taken and held to
be prima facie evidence of said records, plats, papers, etc. [91 v. 305.]
(218-243) [Clerk of commission.] For the purposes aforesaid, said
canal commission are hereby authorized and required to employ some suitable,
competent person at a compensation not exceeding five dollars per day for the
time actually employed; but the total expense of said collecting and abstract-
ing shall not exceed the sum of one thousand dollars. Said canal commission
shall provide for said clerk all necessary desk-room, stationery, etc., in the
offices aforesaid, to enable him to properly discharge his duties, all of said
work to be done and performed under the direction and supervision of said
canal commission. And said work shall be completed before the first day of
January, 1896. [91 v. 305.]
(218-244) [Documents to be recorded where land situated;
recorder's fees; appropriation.] As soon as said papers and records are so
collected and gathered together, recorded, filed and indexed as aforesaid, said
canal commission shall cause all that portion of said record, in any manner
affecting the title of said real estate, to be carefully copied by counties in alpha-
betical order, and when so copied the same shall be duly certified to the re-
corders of the respective counties, who shall thereupon proceed forthwith to
record and index said copied records in like manner as other deeds and evi-
dences of title, for which service they shall receive the same compensation as
provided by law for similar services out of the funds appropriated for said
purpose to the canal commission; and there is hereby appropriated the sum
of two thousand dollars ($2,000), or so much thereof as will be necessary to
complete said records and pay for recording the same in the respective counties
as aforesaid, out of any money paid into the state treasury by said canal com-
mission from the sale or lease of lands belonging to the state of Ohio; and no
part of said sum hereby appropriated shall be used for any other purpose ex-
cept as herein provided, and all requests to the board of public works for a
certified copy of any records shall be accompanied by a fee, such as is allowed
in other like cases, and all such fees shall be turned into the state treasury.
[91 v. 305; 87 v. 219; 85 v. 127.]
Repair of dilapidated head gates by owner of water privileges, etc., ? (4584-13).
As to sale of swamp lands in Paulding county, see (3107—124).
261.
As to constructing waste weirs and enlarging culvert near Lockport, see 86 v.
[Preamble.] WHEREAS, It is due to the taxpayers of the state of Ohio to
obtain from the canals and inland waterways under the control of said state
the greatest amount of revenue compatible with their most efficient which
can only be done by affording merchants, manufacturers and shippers more
rapid and economical transportation thereon for their products; and
use,
187
Tit. III, Ch. 5a. BOARD OF PUBLIC WORKS-CANALS.
§ (218-244a).
WHEREAS, As a motive power on land it has been demonstrated that elec-
tricity, because of its cheapness and practicability is eminently successful, and
it is believed that the same results can be accomplished on water and that efforts
to that end should be speedily made, provided the same is done without any
expense to the state; therefore,
(218-244a) SEC. 1. [Experiments with electricity for propelling
boats on canals; lease or license of company to operate boats.] The
board of public works of this state be and is hereby authorized and empowered
to grant by lease or permit to any party or parties or company the right to make
any experiment with electricity as a motive power for the propulsion of boats
or other craft on the Miami and Erie canal by poles and overhead wires erected
for such purpose, or by traction power on the berme banks or towing paths in
such manner and under such regulations as said board of public works may
direct, provided that animal or other motive power for the propulsion of boats
as used at present is not to be in any manner interfered with. And, if such
experiments with electricity when made should be found successful, said board
may further grant by lease or license to such party or company, the right to
operate and propel boats and other craft on said Miami and Erie canal as afore-
said under the following regulations: [93 v. 370.]
(218-244b) SEC. 2. [Obligations of license.] Any party or company
to whom a grant or license as provided for in section 1, is made, may operate
its own boats, but it shall be obligated to propel and operate all boats for hire
when the owner may so desire, under and pursuant to such reasonable rules as
to tonnage per mile or otherwise as the board of public works may fix if the
parties are unable to agree. [93 v. 370.]
(218-244c) SEC. 3. [State not responsible for expense of exper-
imenting; approval of contracts.] In any experiments made as aforesaid,
or any act done in developing the practical application of electricity as a motive
power, no expense shall be incurred by the state or the board of public works,
and no contract for same shall be in force and effect until approved by the gov-
ernor and attorney-general. [93 v. 370.]
MIAMI AND ERIE CANAL.
Miami and Erie canal fund, see ? (3107—125).
(218-245) [Lease of portion of embankment; reservations.] The
canal commission and board of public works of the state of Ohio are hereby
authorized to lease for a period not to exceed fifteen (15) years, and upon such
terins as they may deem satisfactory, to the Troy wagon works company or its
assigns, to be used for a roadway or railway purposes, that portion of the em-
bankment of the Miami and Erie canal in the city of Troy, Miami county,
Ohio, commencing at the westerly right of way line of the Cincinnati, Hamil-
ton and Dayton railway company at its intersection with the berme-bank of
the Miami and Erie canal and running thence northwesterly along the west-
erly line of said canal a distance of four hundred and twenty-five (425) feet,
except that portion occupied by the main building, boiler house and corn crib
of Allen and Wheeler under the terms and restrictions following: The state
reserves all right in the premises for canal purposes. The state reserves the
right to regulate the occupancy of the said premises by the said party of the
second part, all change in the towing path, the moving and rebuilding of the
change bridge and the necessary piling and planking and occupancy to be
under the supervision of the chief engineer of public works, and at the ex-
pense of the said party of the second part. [92 v. 7.]
(218-246) [Miami, Miami extension, and Wabash and Erie, to be
Miami and Erie canal.] The Miami canal, the Miami extension canal, and
Wabash and Erie canal, shall hereafter constitute one canal, which shall be
188
§ (218—247).
BOARD OF PUBLIC WORKS-CANALS. Tit. III, Ch. 5a.
known and designated by the name of the Miami and Erie canal, and but one
account of toll shall be kept, and one form of clearances issued at the several
collectors' offices on said canal. [47 v. 44; S. & C. 224.]
(218-247) [Abandonment of the Wabash and Erie canal and Six
Mile reservoir; lands and material to be sold; reservation of material;
notice thereof; use of abandoned canal for drainage purposes.] The use for
canal purposes of the Wabash and Erie canal from the place of its intersec-
tion with the Indiana and Ohio State line to the first lock below the Six Mile
reservoir, all in Paulding county, Ohio, together with the Six Mile reservoir
in said county, is hereby abandoned as hereinafter provided for, and all right,
title and interest of the state in any land, in or adjacent thereto, together with
all timbers, stone or other material, belonging thereto, shall be appraised,
advertised and sold as hereinafter provided. But the state board of public
works shall have full power to reserve for the use of other canals any tim-
bers or stone which can be economically transported from the said canal and
reservoir to the other canals on which it is desired to so use the said
material; provided, that the said board, prior to the appraisement of said
canal property, shall notify the commission hereinafter provided for of the
amount of said material which they desire to use; and the commissioners of
Paulding county are hereby authorized to deepen and widen under the drain-
age laws of the state any portion of said canal so abandoned. [85 v. 207.]
(218-248) [Terms of sale to be fixed by sinking fund commis-
sioners; inspection to be made by canal commission; appraisement of
property; report to auditor of state.] That upon the passage of this act
the commissioners of the sinking fund of the state shall determine the terms
of payment on which said property shall be sold, and the commission
appointed by the governor, by and with the advice and consent of the senate
under S. B. No. 21, passed March 24, 1888, shall proceed to make a personal
inspection of the said canal and reservoir property, and if, in their opinion, it
would be to the best interest and welfare of the citizens of Paulding county
and the state of Ohio that said portion of the Wabash and Erie canal and
the Six Mile reservoir, or either of them, should be abandoned, they shall
proceed to appraise and sell said property as hereinafter provided for, and in
appraising said property shall have such assistance from the chief and resi-
dent engineers and secretary of the board of public works as they may
require; and, in making such appraisement, may appraise said property in
divisions or sections of such lengths or amounts, and appraise separately, as,
in their opinion, will best suit the convenience of purchasers and facilitate
the sale thereof to the best advantage and for the most money. They shall
make a complete report, in writing, in which they shall itemize each division
with its value as appraised by them, which shall be returned to the auditor of
state within ninety (90) days from the date of their appointment. [85 v. 207.]
(218-249) [Auditor of state to advertise and sell said prop-
erty; proviso; re-advertising and sale of property unsold; re-appraise-
ment.] The auditor of state shall receive and file the same, and the said
commission shall forthwith proceed to advertise the said canal and reservoir
property for sale, by giving` notice of the time, place and terms thereof, for
four (4) consecutive weeks in two (2) newspapers of opposite politics pub-
lished and having a general circulation in said county, and also in two news-
papers of opposite politics published and having a general circulation in the
state. And upon the day and hour named in such advertisement shall offer
the same for sale at public auction at the court-house in Paulding, Ohio, and
then and there sell the same to the highest and best bidder or bidders; pro-
vided, the same or any part thereof shall not be sold for less than two-thirds
189
Tit. III, Ch. 5a. BOARD OF PUBLIC WORKS-CANALS.
§ (218-250).
() of the appraised value thereof nor in tracts of more than eighty (80)
acres each, and that if all or any part thereof of said property remains unsold
for want of bidders, the said commission shall again advertise and sell the
same as aforesaid. And if any of said property remains unsold after having
been twice offered for sale, the same shall be appraised agreeable to section[s]
two (2) and three (3) [§§ (218—248), (−249)] of this act, and again exposed to sale
the same as above provided for. [85 v. 207.]
(218-250) [Report of commission to governor; their acts to
be approved by attorney-general; record of said report and approval;
accounts with purchasers; execution of certificates of sale; deeds for
lands purchased.] That upon making sale of said property as provided in sec-
tion three [$(218-249)] of this act, the said commission shall make a report of their
proceedings to the governor, and upon receiving his approval in writing, they
shall submit all their findings and action to the attorney general, who shall
examine the same, and if found regular and legal, according to the provisions
of this act, he shall endorse his approval thereon, which shall be filed with
the auditor of state. The auditor shall record said report with the approval
of the attorney-general, and shall enter an account between all purchasers
and the state; and on the payment by the purchasers of the proper amount,
as determined by the report of said sale, and the terms as agreed upon by the
commissioners of the sinking fund, the auditor shall properly execute and
deliver to the purchaser a certificate of sale for such of said property so pur-
chased and paid for. And at the time of the payment of the full amount of
said purchase money, together with annual interest of six (6) per cent. per
annum on all deferred payments from day of sale to time of payment, the
evidence of which payment shall be shown by a receipt from the auditor of
state, the governor of the state of Ohio shall properly execute and deliver to
the purchaser or his assigns a deed of conveyance of said lands so sold and
paid for. [85 v. 207.]
(218-251) [Disposition of proceeds of such sale.]
pay the proceeds of such sale into the state treasury to the
and Miami and Erie canals. (85 v. 207.]
See
See
(3107-82).
The auditor shall
credit of the Ohio
History of Ohio Canals," at end of chapter.
(218-252) [Wabash and Erie canal; abandonment.] The Wabash
and Erie canal, from the bulk-head of Six-mile reservoir to one foot below the
lock one mile west of the junction of the Miami and Erie canal, and the
Wabash and Erie canal, all in Paulding county, Ohio, be and the same hereby
is abandoned. [88 v. 72.]
(218-253) [Reversion.] And the land occupied by said canal towing
path and berme banks in total shall be transferred to the commissioners of
Paulding county, and their successors in office for the use of Paulding county
for road, ditch and public purposes, upon completion of such terms as the
board of public works and the said commissioners may agree upon. [88 v. 72.]
(218-254) [Board of public works authorized to grant right of
way.] The board of public works are hereby authorized to grant the right
of way to the Cincinnati and Eastern Connection Railway Company for a
single or double track railway across a certain strip of ground owned by the
state of Ohio, situated in section twenty-one (21) Mill Creek township, Ham-
ilton county, Ohio, upon such terms and conditions, and for such price as may
be approved by the board of public works. [80 v. 198.]
See
See
Board of Public Works," Constitution of Ohio 1851.
Railroad Companies," 23270 et seq.
190
§ (218-255).
BOARD OF PUBLIC WORKS-CANALS. Tit. III, Ch. 5a.
(218-255) City of Cincinnati authorized to occupy a portion of
Miami and Erie canal for highway and sewerage purposes; proviso.]
Authority and permission shall be granted, in the manner herinafter pointed
out, to the city of Cincinnati to enter upon, improve and occupy forever as a
public highway and for sewerage purposes, all or any of that part of the
Miami and Erie canal which extends from the east side of Broadway in said.
city, to the Ohio river including the width thereof as owned or held by the
state: but the said grant shall be made subject to all outstanding rights or
claims, if any, with which it may conflict: Provided, That no work shall be
done by said city authorities on the premises hereby granted until the plan
of improvement shall be approved of by the board of public works. [60 v. 44.]
This grant left the title in the state and did not give the city any right which it could transfer: State
ex rel. v. Railway, 53 0. S. 189.
(218-256) [Revenues are reserved, and water privileges not to
be obstructed; lessees of public works not relieved.] The said grant shall
not extend to the revenues derived from the water privileges in said canal
which are hereby expressly reserved; and the said grant shall be made upon
the further condition that the said city, in the use as aforesaid of all or any
of said portion of said canal, shall not obstruct the flow of water through said
canal nor destroy nor injure the present supply of said water for milling pur-
poses, and that said city shall be liable for all damages that may accrue from
such obstruction or injury; but it is not intended hereby to relieve the lessees
of said canal or their assignees from any responsibilities imposed upon them
by an act to provide for leasing the public works of the state" passed May
8, 1861, or by the instrument of lease executed in pursuance of said act, except
as and to the extent that they may be interfered with, as said city may, from
time to time, enter upon, improve, and occupy any part of said grant. [60
v. 44.]
66
(218-257) [When governor is required to execute a grant to
city of Cincinnati.] Whenever the council of said city, by a vote of not less
than two-thirds of the whole number of members thereof, shall decide to use
said canal as berein authorized, the said council shall make known its decision
to the governor, and thereupon the governor, in behalf of the state, shall
execute and deliver to the city of Cincinnati a grant of the part of said canal
herein described for the uses and purposes before mentioned and upon the
terms and conditions specified in this act. The attorney general shall prepare
the form of said grant. [60 v. 44.]
(218-258) [Restrictions as to taxation, etc.] This act shall not be
construed to confer upon said city any new power of taxation or to borrow
money, or to contract debts in the use as aforesaid of said canal. [60 v. 44.]
(218-259) [Conveyance of certain canal lands; conditions; rental
reduced.] The governor be and he is hereby empowered to make a convey-
ance to the Pittsburgh, Cincinnati, Chicago and St. Louis railway company, its
successors and assigns, of the following lands, to wit:
First Situated in the city of Cincinnati, county of Hamilton, and state of
Ohio, and being all that part of what was formerly the Miami and Erie canal,
including the width thereof, lying between Pearl street and the Ohio river,
also a certain lot used in connection therewith, fronting on Lock street about
ninety feet and running back about ninety-four feet parallel with Front street
to the said canal, subject, however, to the easement in said premises of the
city of Cincinnati for sewerage purposes and also of the right of the state to
maintain or have maintained the existing raceway and water-powers or privi
leges and to receive the revenues therefrom expressly reserved by the state
under the act of March 24, 1863 (60 Ohio Laws, 44), [S (218-256)]; the entire
appraised value of said premises being fifty-seven thousand dollars.
191
Tit. III, Ch. 5a. BOARD OF PUBLIC WORKS-CANALS.
§ (218—260).
Second: Situated in the City of Hamilton, county of Butler, and state of
Ohio, and being all that part of Hamilton basin so called as is described in a
certain lease made by the state of Ohio to the said railway company, dated
the sixth day of February. 1896: the entire appraised value thereof being
thirty thousand dollars.
The said conveyance to be made upon condition that the said railway com-
pany pay into the state treasury the sum of eighty-seven thousand dollars.
twelve thousand dollars of which shall be paid into the canal fund, and the
balance into the general revenue fund, and consent to a modification of a lease
between the state of Ohio and the Pittsburgh, Cincinnati, Chicago and St.
Louis railway cempany, dated October 24, 1895, as to that part of Eggleston
avenue north of Pearl street so that the said lease shall include only so much of
the roadway as is now occupied by the railroad tracks and such additional tracks
as the city of Cincinnati may authorize. Upon compliance with the condi-
tions aforesaid and the delivery of the conveyance herein authorized the rental
to be paid under the said lease of the 24th day of October, 1895, shall be re-
duced to six per cent. upon the valuation of the re[s]idue of the property herein.
leased, to wit: One hundred thousand dollars ($100,000), and the rental to be
paid under the said lease of the sixth day of February, 1896, shall cease.
[92 v. 293.]
(218-260) [City of Toledo authorized to occupy part of Miami
and Erie canal for sewerage purposes; proviso.] Authority and permission
shall be granted in the manner hereinafter pointed out, to the city of Toledo
to enter upon, improve and occupy forever as a public highway, and for the use
of water pipes and for sewerage purposes, all that part of the Miami and Erie
canal (known as the Manhattan branch), which extends from a point to be
hereafter designated by the board of public works, at or near the southerly bank
of Swan creek, where the aqueduct crosses the said creek and continuing to the
Maumee river, including the width thereof as owned and held by the state;
but the said grant shall be made subject to all outstanding rights or claims, if
any, with which it may conflict; provided, that all material composing the
aqueduct, and the locks at the terminus of said canal, are hereby expressly
reserved to the state, to be removed by her agents whenever the city of Toledo,
by the authority of this grant, enters upon and occupies said canal. [61 v. 67.]
See act of June 13, 1879 (76 v. 163), to provide for the boundaries of the bed of the
part of this canal abandoned and conveyed to the city of Toledo.
(218-261) [City liable for all damages therefrom.] The said city
shall be liable for all damages that may accrue from the vacation of said canal;
but it is not intended hereby to relieve the lessees of said canal, or their
assigns, from any responsibilities imposed upon them by "an act to provide
for the leasing of the public works of the state," passed May 8th, 1861, or by
the instrument of lease executed in pursuance of said act, except as and to the
extent that they may be interfered with as said city may enter upon and
occupy said grant. [61 v. 67.]
(218-262) [City to signify vote of acceptance to governor, and
to indemnify the state from liability and damages.] Whenever the city
council of said city, by a vote of not less than two-thirds of the whole num-
ber thereof, shall decide to use said canal as herein authorized, the said council
make known the said decision to the governor, and deposit with him a written
release, executed by the lessees of the public works, relinquishing any rights
they may have in that part of said canal, or a bond duly executed and to the
satisfaction of the governor, indemnifying the state from all liabilities and
damages which may result from said vacation, and thereupon the governor in
behalf of the state, shall execute and deliver to the city of Toledo a grant of
that part of the canal herein described for the uses and purposes before men-
192
§ (218-263).
BOARD OF PUBLIC WORKS-CANALS. Tit. III, Ch. 5a.
tioned, and upon the terms and conditions specified in this act. The attorney
general shall prepare the form of the said grant, and also the form of the said
release or bond. [61 v. 67.]
(218-263) [Saving clause.] This act shall not be construed to confer
spon said city any new sources of taxation, or to borrow money, or to contract
debts in the use as aforesaid of said canal. [61 v. 67.]
(218-264) [Certain interests transferred to Toledo; provisos.]
Whatever interest remains to the state of Ohio in the bed of that part of the
Miami and Erie canal which has been abandoned in pursuance of the act en-
titled "an act to authorize the city of Toledo to enter upon and occupy a part of
the Miami and Erie canal as a public highway, and for sewerage and water pur-
poses," passed March 26, 1864, is hereby relinquished and transferred to the
city of Toledo: provided said city shall be responsible for any and all dam-
ages that may accrue by reason of such relinquishment and transfer: pro-
vided, further, that the governor in behalf of the state, shall execute and
deliver to said city of Toledo, a grant or quit claim, in conformity with this
act. The attorney-general shall prepare the form of said grant or quit claim.
[68 v. 17.]
(218-265) [Abandonment, etc., of portion of side-cut in Toledo.]
So much of the side-cut (so-called), of the Miami and Erie canal in the city
of Toledo, Ohio, as lies nothwesterly of the southeasterly line of St. Clair
street and southeasterly of its intersection with Swan creek northwesterly of
said St. Clair street in said city, be and the same is hereby abandoned for
canal purposes; and the city of Toledo, Ohio, is hereby authorized to enter
upon and construct an embankment across said side-cut on the line of St. Clair
street, including the necessary ground for slopes, and that portion of said side-
cut lying between the other lines of said street is granted to said city.
[92 v. 219.]
(218-266) [Sale.] The balance of the land upon which the bed of
said cut so abandoned is located, shall be appraised by the canal commission
and sold at public auction to the highest bidder, at not less than three-fourths
of the appraised value thereof, after having been duly advertised in some
newspaper of general circulation in Lucas county, Ohio. [92 v. 219.]
(218-267) [Certain cities authorized to build bridges over feeder.]
Any city of the second class containing more than thirty thousand inhabitants,
and located in a county having a superior court, may, until otherwise pro-
vided by the general assembly, maintain a bridge of a permanent character
across the Mad River feeder of the Miami and Erie canal at its intersection
with Third street, in the city of Dayton, similar to the bridge now located at
said point, and may also build and maintain a bridge of like character to con-
nect Bainbridge street with said Third street bridge. [72 v. 175.]
(218-268) Lessees of canals to give their consent.] Whenever the
general assembly shall so direct either or both of said bridges shall be removed
by the city building the same without expense to the state, and said bridge at
Bainbridge street shall not be built until the lessees of the public works
shall have executed and filed in the office of the board of public works a
written agreement that said bridge may be so built and maintained as herein-
before provided, and relinquishing all claim for damages on their part by
reason thereof. [72 v. 175.]
(218-268a) SEC. 1. [Lewistown reservoir to be known as Indian
lake.] The body of water known as the Lewistown reservoir, situated in the
county of Logan, contained within the metes and bounds of the land owned
by the state, be, and the same is hereby dedicated and set apart forever as a
public lake, to be known by the name of Indian lake. Provided that in the
event of the abandonment, leasing or selling of that portion [of] the Miami and
Erie canal, connected with the reservoir, all the lands embraced in said reser-
·
193
Tit. III, Ch. 5a. BOARD OF PUBLIC WORKS-CANALS.
S (218-2686).
voir shall be sold by the state, except such portions of said reservoir as were
embraced in the original lake or lakes. [93 v. 142.]
(218-268b) SEC. 2. [Public pleasure resort.] The said Indian lake
shall at all times be open to the public as a resort for recreation and pleasure,
including the privilege of hunting and shooting, fishing, and boating; provided,
that nothing in this section shall be construed so as to permit hunting and
shooting and fishing during a close season, as provided by the statute laws of
the state; provided further, that nothing in this act shall be construed as inter-
fering in any manner with existing leases or any part of said reservoir or of the
lands or any part thereof connected therewith. [93 v. 142.]
(218-268c) SEC. 3. [Destruction, etc., of property or pets prohib-
ited.] No person shall destroy, injure or disturb any tree, plant, lawn or other
property, or decoration upon any of the islands, within the boundary of said
lake, nor kill, injure or disturb any water-fowl, water-animal, birds or game
placed within the boundary lines of the lake as semi-domestic pets by dona-
tion or purchase. [93 v. 142.]
(218-268d) SEC. 4. [Penalty.] Any person violating any of the pro-
visions of this act shall be deemed guilty of a misdemeanor, and upon convic-
tion shall be fined as provided in section sixty-nine hundred and sixty-eight.
[93 v. 142.]
(218-268e) SEC. 5. [Lake continued as a reservoir for canal pur-
poses.] The dedication and use of said reservoir as a public lake shall in no
wise interfere with or affect, and the same shall be subject to, the use of the
said reservoir for canal purposes. [93 v. 142.]
(218-268f) SEC. 6. [Control and supervision of lake.] That said
Lewistown reservoir, now to be known as Indian lake, shall be, so far as the pro-
tection of fish and game is concerned, under the supervision and control of the
commissioners of fish and game, and said commissioners shall appoint a fish
and game warden for said Indian lake, as now provided by law. [93 v. 142.]
OHIO CANALS.
An act for cleaning out the Kirkersville feeder, see 88 v. 607.
(218-269) [City of Cleveland authorized to appropriate a certain
portion of canal.] Authority and permission shall be granted, in the manner
hereinafter stated, to the city of Cleveland to take, enter upon, improve, and
occupy, as a public highway, or for other purposes, and for laying therein gas
and water pipes, and for sewerage purposes, as the city council of said city
may determine, all that part of the Ohio canal which extends from the Cuya-
hoga river, where it enters said river, southerly to a point sixteen hundred
feet north of the south line of said city of Cleveland, where said line crosses
said canal, together with the basin, tow-path, and appurtenances thereto
belonging, including the entire width of said canal, its basin, and appurte-
nances, in so far as the same is owned and held by the state; but said grant
shall be made subject to all outstanding rights or claims, if any, with which
it may conflict. [69 v. 182.]
(218-270) [Liability for damages; lessees not relieved of responsi-
bility, etc.; settling claims for damages.] Said city of Cleveland shall
be liable for all damages that may accrue from the vacation and abandonment
of so much of said canal as shall be taken by said city; but nothing herein
shall relieve the lessees of said canal, or their assigns, from any responsibili-
ties imposed upon them by law, or in any way arising from the instrument or
instruments of lease held by them and executed pursuant to any law of the
state of Ohio, except as and to the extent of so much of said canal as shall be
14
194
§ (218-271).
BOARD OF PUBLIC WORKS-CANALS. Tit. III, Ch. 5a.
by said city taken and occupied under the grant herein authorized. Any per-
son, persons, or corporation, including the lessees of said canal, who may
claim damages by reason of the vacation or abandonment of any part of said
canal, shall file their claim therefor in writing with the clerk of said city of
Cleveland, within one year after the expiration of the time required for the
publication of the notice hereinafter required. And for the purpose of ascer
taining whether any of the claims so filed are valid against the state, and if so,
for the purpose of ascertaining the amount thereof, the lessees of said canal,
or any other person or party filing such claim, are hereby authorized and
empowered to bring an action in the court of common pleas of Cuyahoga,
Portage, or Franklin county, Ohio, against said city of Cleveland, and said
action shall be conducted in all respects to final judgment, as other civil
actions in cases between private individuals, and either party shall have the
right to second trial, and appeal from the judgment and order of the said
court of common pleas, and prosecute writs of error as provided for in suits
between individuals, under the act to establish a code of civil procedure,
passed March 11, 1853, or any act supplementary thereto. [69 v. 182.]
´218-271) [Notice preliminary to city's occupation, etc.; connection
with Cuyahoga river; rate of charges to tug boats, etc.; channel of river
to be kept open, etc.] Whenever the city council of said city, by a vote of
not less than two-thirds of the whole number of members thereof, shall decide
to take and use so much of said canal as is herein authorized, the said council
shall publish notice thereof, as required by section five hundred and sixty-three
of the act to provide for the organization and government of municipal cor-
porations, passed May 7th, 1869, and shall also make known their said decis-
ion to the governor of the state, and shall deposit with the governor a written
release executed by the lessees of the public works, relinquishing any rights
they may have in that part of said canal, proposed to be taken and occupied
by said city, or a bond duly executed and to the satisfaction of the governor,
indemnifying the state from all liabilities and damages which may result from
said vacation, and shall in like manner deposit a bond securing the perform-
ance of an agreement on the part of said city, to be also filed with the governor;
that before said city shall take possession of said part of said canal, or dis-
turb the use thereof, for canal purposes, the said city shall, at its expense and
under the direction of the board of public works, connect said canal with the
Cuyahoga river, at or near the southerly terminus of that portion to be occu-
pied by said city, procure the right of way, unless the same shall be owned
by the state at the desired locality, make the necessary excavations, embank-
ments, walls, gates, and locks, needed to connect said canal with said river at
the point aforesaid, and remove the present weigh-lock to such place as shall
be determined by the board of public works; said city shall have the power,
and shall provide by ordinance to regulate and prescribe the rate to be charged
by tug-boats, for towing boats and floats navigating the Ohio canal, to and
from the locks at the intersection with the Cuyahoga river, to the wharves,
docks, or any point on said river, where said boats or floats may desire to dis-
charge or receive freight, which rate shall be graduated according to distance,
and shall in no case exceed two dollars and fifty cents for each trip; said city
having the right to appropriate to its own use, the gates, locks, and material
taken from that portion of the canal taken by said city: provided, the said
city of Cleveland shall forever, or so long as the Ohio canal shall be used for
the purposes of navigation, keep the channel of the Cuyahoga river, by dredg-
ing or otherwise, in good navigable order, for any boats that may now or
hereafter be employed in navigating said canal, from the point of intersection
195
Tit. III, Ch. 5a. BOARD OF PUBLIC WORKS-CANALS.
§ (214—272).
to Lake Erie, and, thereupon, the governor, on behalf of the state, being
satisfied that said connection has so been made and approved, and accepted by
the board of public works, shall execute and deliver to the city of Cleveland,
a grant of all the interest of the state in that part of said Ohio canal, herein
described, to be forever used and occupied by said city, as its council shall
determine, for any or all of the purposes before mentioned. The attorney-
general shall prepare the form of said grant, also the form of the release,
bonds and agreement herein named. [69 v. 182.]
(218-272) [Court of common pleas shall appoint a commission.]
The court of common pleas of the county of Cuyahoga, shall, upon application
of the city solicitor of Cleveland, appoint a commission, consisting of not less
than three nor more than five suitable persons, who shall at once proceed to
survey and determine the boundaries of the land formerly owned by the state,
for the purposes of said canal before its abandonment, and to mark the same
by proper monuments, and to make maps and plats of the said land with
necessary descriptions, to be preserved as hereinafter provided. [79 v. 105.]
(218-273) [Their duties.] Said commissioners, in the performance
of their duties as such shall be governed in all respects in accordance with
law prescribing the duties of county surveyors as laid down in section[s] 1187
1189 of the revised statutes of Ohio, and upon the completion of their work
they shall deliver their report with all the evidence taken to the county sur
veyor who shall forthwith dispose thereof as directed in cases of surveys made
and evidence taken by law under the requirements of [section] 1190 of said
statutes, as amended April 20, 1881, and the legal effect and use of such plat,
urvey, and deposition shall be governed as the effect and use of the plat,
arvey and depositions are governed by the provisions of section 1191 of said
statutes, as amended April 20, 1881. [79 v. 105.]
(218-274) [Their costs and expenses.] All costs and expenses of
these proceedings, including the compensation of said commissioners, shall.
after allowance by said court of common pleas, be paid by the person or per-
sons, or corporation at whose instance or request said proceedings were insti-
tuted by the said city solicitor, and the payment of the same shall be secured
by a good and sufficient bond to said city, by such person, persons or corpora-
tion to the acceptance of the city council of said city; provided, however,
that all costs made by the taking of said case or proceedings, or any part
thereof, to the district or supreme courts, shall be taxed and paid as the court
may direct. [79 v. 105.]
See "History of Ohio Canals," at end of chapter.
(218-275) [Granville side-cut abandoned; reservation of stone, etc.;
lessees of canals not relieved from liability.] The Granville feeder of the
Ohio canal be and the same is hereby abandoned: provided, that all stone now
owned by the state on said canal or feeder, if so abandoned by this act, is
reserved to the state, and that the board of public works of the state is author-
ized by its agents, at any time after the passage of this act, to enter upon so
much of said canal or feeder and remove said stone or sell the same as may be
deemed for the best interest of the state; and provided, that it is not intended
hereby to relieve the lessees of said canal or feeder, or their assigns, from any
responsibility or liability imposed upon them by an act to provide for the leas-
ing of the public works of the state, passed May 8, 1861, or by the instrument of
lease, executed in pursuance of said act, for any such liabilities or responsi-
bilities as have accrued prior to the passage of this act, nor for any negligence,
as in the care of said canal or feeder, or any portion of the same, as the said
lessees may have been guilty of: provided, further, that the said lessees shall
execute and file with the board of public works a release of all claims for
damages growing out of such vacation. [73 v. 198.]
196
§ (218-276).
BOARD OF PUBLIC WORKS-CANALS. Tit. III, Ch. 5a.
(218-276) [Lands to revert to owners adjoining, how, etc.] That
the land upon which the bed of said canal or feeder so abandoned is located
shall revert absolutely to the owners of the lands adjoining said canal on each
side, in the manner following, to wit: where the canal divides the lands of
two or more persons, said canal lands shall revert and the title thereto vest in
each, divided by a line drawn along the center of said canal, half over from
the line of one of such owners to the line of the other, and in all cases when
said canal runs through the land or lands of any person or persons, then such
canal lands shall revert to such owners, and all water privileges taken and
used for the use of said canal revert back to the legal owners of the property
to which it belonged before the location of said canal or feeder. [73 v. 198.]
(218-277) [Board of public works may abandon certain feeder of
Ohio canal; may construct embankment; if abandoned, land to be sold.]
The board of public works of said state, if in their opinion and judgment it will
be conducive to the public health and welfare of the people of Jackson town-
ship, Coshocton county, Ohio, are hereby authorized and empowered to
vacate and abandon the feeder to the Ohio canal, running from the Walhond-
ing river across lands now owned by Elias Haight and William Maxwell, in
the second quarter of the fifth township and sixth range, in said Coshocton
county, and emptying into the basin of the Ohio canal, south-west of the
aqueduct across the Walhonding river; and said board of public works are
hereby authorized and empowered to locate and construct across said feeder,
as in their judgment is necessary, an embankment of sufficient size and
strength to prevent the water from flowing from said basin into said feeder,
and to do whatever is necessary to effectually vacate and abandon said feeder
and to protect the interest and property of the state appertaining to said
Ohio canal. And if the board of public works shall determine to abandon
said feeder, the land occupied by the same shall be disposed of by the board
for the best interests of the state. [81 v. 100.]
(218-278) Board of public works authorized to grant portion of
berme bank of Ohio canal for railway; proviso; rights reserved; may
deflect line of road.] The board of public works are hereby authorized to grant
upon such terms and conditions, as to annual rental not less than the annual
average of toll received from the local traffic on that part of the canal between
Yellow Bud and the city of Chillicothe for the five years preceding the pas-
sage of this act or otherwise as in their judgment will subserve the best inter-
ests of the state, the right of way to the Cincinnati, Hocking Valley and
Huntington railroad company, or its successors or assigns, to construct, main-
tain and operate a railway on the berme bank of the Ohio canal, and to con-
struct the necessary bridges across the same, from a point between the village
of Yellow Bud in Ross county, and what is known as the Deer Creek aque-
duct, thence southwardly to the Marfield's mill; the same shall be constructed
so as to not in any manner interfere with the navigation or use of the canal.
Provided, that the said railroad company shall forever maintain, to the
acceptance of the board of public works, a good and substantial berme bank
along that part occupied by said railroad. This act shall not be construed to
grant any exclusive right of way or privilege to the use of said lands to said
railway company, and the right to grant similar privileges to other corpora-
tions is hereby reserved, and this act shall not be construed to abridge the
rights of any person or persons for damages caused them by reason of build-
197
Tit. III, Ch. 5a. BOARD OF PUBLIC WORKS-CANALS.
§ (218—279).
ing the road hereby authorized, and on failure of said railway company to
fully complete said road to the Marfield's mill within two years from the date
of the passage of this act, or upon failure of the road to fully comply with
any of the provisions of this act, and also of any contract made with the
board of public works on behalf of the state this grant shall be null and void
and nothing herein contained shall prevent the levying and collection of taxes
ou said part of said road in the same manner as they are by law levied and
collected on other railroad property in this state. It is further provided that the
board of public works may allow said railroad company to deflect their line
to the east, from the north to the south end of what is known as the big basin.
[80 v. 215.]
(218–279) [Right of way granted to Columbus, Jefferson and Cin-
cinnati railway company across certain lands of the state.] The board of
public works is hereby authorized to grant, upon such terms and conditions
as to price or otherwise as in their judgment will subserve the best interest of
the state, the right of way, not exceeding one hundred feet in width, to the
Columbus, Jeffersonville and Cincinnati railway company, its successors and
assigns, to construct, maintain, and operate a railroad on and across a certain
tract of land, containing about thirty acres, lying adjacent to the Columbus
feeder, and in the southwest corner of section nine, township four, range
twenty-one, Marion township, Franklin county, Ohio, in such manner as will
not in any way interfere with the use of said feeder as a means of water sup-
ply, or the purpose of navigation: provided, further, that this act shall
not be construed to grant any exclusive right or privilege to the use of said
lands to the said railway company, and the right to grant similar privileges
to other corporations is hereby reserved. [77 v. 174.]
(218-280) [Board of public works authorized to grant a right
of way to the Cincinnati and Eastern railway company; proviso.] The
board of public works is hereby authorized to grant, upon such terms and con-
ditions as to price, or otherwise, as in their judgment will subserve the best
interest of the state, the right of way, to the Cincinnati and Eastern railway
company, or its successors or assigns, to construct, maintain, and operate a
railroad on the tow-path of the Ohio canal, from the mouth of Scioto Brush
creek in Rush township, in Scioto county, southwardly through a portion of
Rush and Washington townships, in said county, to a point near George Davis'
distillery, and to cross the same by bridge or otherwise, in such manner as
will not in any way interfere with the navigation or use of said canal; pro-
vided, that said railway company shall construct and forever maintain to the
acceptance of the board of public works a good and substantial tow-path on
the present berme bank side, in every way equal to the one relinquished by
this act, and this act shall not be construed to grant any exclusive right of way,
or privilege to the use of said lands to the said railway company, and the
right to grant similar privileges to other corporations is hereby reserved.
This act shall not be construed to abridge the rights of any person or persons
for damages caused them by reason of building the road or roads hereby
authorized, and on failure of the road or roads to fully comply with the pro-
visions of this act, and also of any contract made with the board of public
works on behalf of the state, this grant shall be null and void and nothing
herein contained shall prevent the levying and collection of taxes on said part
of said road in the same manner as they are levied and collected by law on
other railroad property in this state. [79 v. 91.]
See 23270 et seq. as to railroads.
198
§ (218-281).
BOARD OF PUBLIC WORKS-CANALS. Tit. III, Ch. 5a.
(218-281) [Licking reservoir dedicated as Buckeye lake.] The
body of water known as the Licking reservoir, situated in the counties of Lick-
ing, Fairfield and Perry, contained within the metes and bounds of the land
owned by the state, be, and the same is hereby dedicated and set apart forever
as a public lake, to be known by the name of the Buckeye lake. Provided that
in the event of the abandonment, leasing or selling of the southern division of
the Ohio canal, all the lands embraced in said reservoir shall be sold by the
state except seven hundred (700) acres contained in the original pond. [92
v. 265; 91 v. 380.]
(218-282) [Public pleasure resort.] The said Buckeye lake shall at
all times be open to the public as a resort for recreation and pleasure, including
the privilege of angling or fishing, and boating; provided that angling shall
not be permitted therein with any device whatever except with rod, line and
hook, or line and hook with bait or lure, the rod, line and hook, or line and
hook to be held in the hand; provided, nothing in this section shall be con-
strued so as to permit fishing during a close season, as provided by the
statute laws of the state; provided further, nothing in this act shall be con-
strued as interfering in any manner with an existing lease of any part of said
reservoir or of the lands or any part thereof connected therewith. [92 v. 265;
91 v. 380.]
(218-283) [As to fishing, etc.] No person shall fish or catch fish in
the waters of said Buckeye lake with any of the devices known as the trot-
lines, set-lines, bank-lines, float-lines, or bob-lines, nor with spears, seines, set-
nets, gill-nets, or traps, or nets of any kind whatever. The name trot-lines,
set-lines, bank-lines, float-lines, or bob-lines mentioned in this section, shall be
construed to mean any lines with hooks attached thereto, supported by being
fastened to stakes, poles, anchors or floats, either from the bank, boats or
stumps, or stakes driven through the water into the ground; nor stumps or
logs driven under the water into the ground, stumps or logs; nor any device
whatever, except as mentioned in section three [two] [§ (218-282)] of this act.
[92 v. 265; 91 v. 380.]
(218-284) [Destruction, etc., of property or pets prohibited.] No
person shall destroy, injure or disturb any tree, plant, lawn or other property,
or decoration upon any of the islands, within the boundary of said lake, nor
kill, injure or disturb any water-fowl, water-animal, birds or game placed
within the boundary lines of the lake as semi-domestic pets by donation or
purchase. [92 v. 265; 91 v. 380.]
(218-285) [Penalty.] Any person violating any of the provisions of
this act shall be deemed guilty of a misdemeanor and upon conviction shall
be fined as provided in section sixty-nine hundred and sixty eight. [92 v. 265;
91 v. 380.]
(218-286) [Use of reservoir for canal purposes.] The dedication
and use of said reservoir as a public lake shall in no wise interfere with or effect,
and the same shall be subject to, the use of the said reservoir for canal purposes.
[92 v. 265; 91 v. 380.]
(218-287) [Supervision.] Said Licking reservoir, now to be known as
the "Buckeye lake," shall be, so far as the protection of fish and game is con-
cerned, under the supervision and control of the commissioners of fish and
game, and said commissioners shall appoint a fish and game warden for said
Buckeye lake, and such fish and game warden shall be paid a salary not
exceeding three hundred dollars per annum, payable quarterly; to be paid
from the state funds set apart for the use of said commission. [92 v. 265; 91
v. 380.]
199
Tit. III, Ch. 5a. BOARD OF PUBLIC WORKS-CANALS. § (218--288).
HOCKING CANAL.
Abandonment of Hocking canal in Fairfield and Athens county and leasing it to the
Columbus, H. V. & A. R. R., see 91 v. 327. 2 and 6 of original act amended 93 v. 216.
Above act declared constitutional: Vought v. C. H. V. & A. R. R., 58 O. S. 123.
(218-288) [Authority to sell and transfer a portion of Hocking
canal.] The board of public works be and they are hereby authorized and
empowered to sell and transfer, upon such terms as they may deem best for
the interests of the state, that part of the Hocking canal extending from its
terminus in the town of Athens to the Hocking river, to such party or parties
as shall make application therefor for the purpose of filling up, using, and occu-
pying the same for road-way or other like public purposes. [70 v. 306.]
(218–289) [Written consent of lessees requisite.] Before such
transfer is made, the written consent thereto of the lessees of the public works
shall be filed with said board, but such transfer shall not release said lessees.
from any of their duties, responsibilities or liabilities, under their contract for
the lease of the public works, except so far as relates to the canal so trans-
ferred, as to which such transfer shall operate as a full release to said lessees
from further responsibility or liability. [70 v. 306.]
(218-290) [Responsibility of purchasers; governor to execute
grant; suits, etc.] The purchaser or purchasers of said canal, shall be respon-
sible for any and all claims or damages that may occur by reason of the trans-
fer, vacation and use of said canal for the purposes aforesaid, and shall also
agree to remove the state dam near the mouth of said canal, so as to do away
with the slack-water in said Hocking river, at that place, and shall deposit
with the board of public works a good and sufficient bond in the penal sum
of $50,000, indemnifying the state from all such claims aud damages, and for
the fulfillment of their said agreement to remove said dam; whereupon the
governor shall execute and deliver to said purchaser or purchasers, a grant for
said canal for the purposes aforesaid, and all persons except said lessees suf-
fering any injury or loss by reason of such sale and transfer and filling up of
said canal, for which they would have a right to recover against the state, did
the right to sue the state exist, shall have a right of action on said bond on
account of such loss or injury against said transferee or transferees and sureties.
[70 v. 306.]
(218–291) [Vacation of portion of canal; copy of rules to be filed.]
So much of the Hocking canal as lies eastward of the lock, at the village of
Chauncey, Athens county, Ohio, including the state dam in Hocking, below
said lock, and thence to the present terminus of said canal at the river north、
ward of Athens, near Henold's salt works, be and the same is hereby vacated
and abandoned: provided, that all stone, timber, and material of every kind,
composing the locks, dams, or other structures on so much of said canal and
river, as is vacated and abandoned by this act, is expressly reserved to the
state, and that the board of public works of the state is authorized by its
agents, within six months after the passage of this act, to enter upon so much
of said canal and the premises adjoining said dam, and remove said material
to any other portion of said canal, or sell the same as may be deemed for the
best interest of the State; and provided, that it is not intended hereby to
relieve the lessees of said canal, or their assigns, from any responsibility or
liability imposed upon them by "an act to provide for the leasing of the
public works of the state," passed May 8, 1861, or by the instrument of lease,
executed in pursuance of said act, for any such liabilities or responsibilities as
200
§ (218—292).
BOARD OF PUBLIC WORKS-CANALS. Tit. III, Ch. 5a.
have accrued prior to the passage of this act, nor for any negligence as in the
care of said canal or any portion of the same, as the said lessees may have
been guilty of; and provided further, that the lessees shall execute and file
with the board of public works a release for all claims for damages growing
out of such vacation. [73 v. 168.]
(218–292) [Land to revert to owners of adjoining lands.] That
the land upon which the bed of said canal so vacated is located, shall revert
absolutely to the owners of the lands adjoining said canal on each side in the
manner following, to wit: where the canal divides the land of two or more
persons said canal lands shall revert, and the title thereto vest in each divided
by a line drawn along the center of said canal, half over from the line of one
of such owners to the line of the other, and in all cases when said land runs
through the land of any person or persons then such canal land shall revert
to such land owner. [73 v.
[73 v. 168.]
(218-293) [Duty of board of public works respecting such vaca-
tion.] That it is made the duty of the board of public works immediately
after the passage of this act to remove and tear out the dam in the Hocking
river described in the first section [§(218—291)] of this act, and the lessees of the
public works aforesaid shall, within reasonable time, provide for the protection
of the land-owners along the portion of said canal so vacated from the overflow
and influx of said Hocking river through the head of said canal so vacated, at
its intersection with said river, and from all other breaks in said canal, exist-
ing at the date of the passage of this act. [73 v. 168.]
(218-294) [Vacation of Hocking canal below and east of Nelson-
ville and Chauncey; proviso, reserving material for the use of the state;
board of public works shall remove or sell material within six months;
canal lessees are not relieved from responsibility, provided lessees shall
make and file release for damages.] So much of the Hocking canal as lies.
between the first lock below and east of Nelsonville, and the village of Chaun-
cey, Athens county, be and the same is hereby vacated and abandoned:
provided, that all stone, timber, and material of every kind composing the
locks, dams, or other structures on so much of said canal as is vacated and
abandoned by this act, is expressly reserved to the state, and that the board
of public works of the state is authorized, by its agents, within six months
after the passage of this act, to enter upon so much of said canal and the
premises adjoining said canal, and remove said material to any other portion
of said canal, or sell the same, as may be deemed for the best interests of the
state; and provided, that it is not intended hereby to relieve the lessees of
said canal, or their assigns, from any responsibility or liability imposed upon
them by "an act to provide for the leasing of the public works of the state,"
passed May 8th, 1861, or by the instrument of lease executed in pursuance of
said act for any such liabilities or responsibilities as have accrued prior to the
passage of this act, nor for any negligence as in the care of said canal or any
portion of the same, as the said lessees may have been guilty of; and pro-
vided further that the lessees shall execute and file with the board of public
works a release of all claims for damages growing out of such vacation. [74 v.
166.]
(218-295) [Bed of canal vacated to revert to adjoining land owners
and how.] The land upon which the bed of said canal so vacated [is located]
shall revert absolutely to the owners of the lands adjoining said canal on each
side in the manner following, to wit: where the canal divides the land of
201
Tit. III, Ch. 5a. BOARD OF PUBLIC WORKS-CANALS.
§ (218-296).
two or more persons, said canal lands shall revert and the title thereto vest in
each, divided by a line drawn along the center of said canal, half over from
the line of one of such owners to the line of the other; and in all cases when
said canal runs through the land of any person or persons, then such canal
lands shall revert to such land owner. [74 v. 166.]
(218–296) [Lessees to provide for overflow and breaks.] The
lessees of the public works aforesaid shall provide for the protection of land
owners along the portion of said canal so vacated from overflow, and from
all other breaks in said canal existing at the date of the passage of this act.
[74 v. 166.]
WALHONDING CANAL.
Settlement of controversy as to location of road bed and bridges of Toledo, Walhond-
ing Valley & Ohio R. R. along and over the Walhonding canal, 91 v. 232.
(218-297) [Board of public works authorized to sell and transfer
the Walhonding canal.] Upon application in writing, filed in the office of
the board of public works by the "Pittsburgh, Mt. Vernon and Indianapolis
railroad company," or any other railroad company, said board of public works
is hereby authorized and empowered to sell and transfer to said railroad com-
pany, the Walhonding canal, for the purpose of enabling said railroad company
to use the towing path thereof, or so much of the same as may be deemed neces-
sary for the track or road bed of said company. [65 v. 68.]
(218-298) [Written assent of lessees of public works requisite.]
Before said board of public works shall make any disposition of said canal as
aforesaid, the said railroad company shall first procure the written assent of the
lessees of the public works thereto; provided, however, that such assent shall
not relieve said lessees of the public works from any of the obligations and
covenants by them to be kept and performed as provided in the contract of
lease of said public works, except so far as said covenants relate to the super-
intendence and repair of the Walhonding canal; and to that extent, upon the
transfer of said canal to said railroad company, said covenants and liabilities
shall cease and determine. [65 v. 68.]
(218--299) [Condition of transfer; release from liability to be
obtained.] In any transfer that may be made of said canal to any railroad
company under this act, said railroad company shall be required to keep
repaired and maintain said canal for the purpose of furnishing water to all
mills, factories, and other hydraulic works now erected and in process of erec-
tion, and propelled or to be propelled by water taken from said canal under
leases from the state, and in accordance with the terms and conditions of said
leases; and before any transfer of said canal to any railroad company shall be
made as above provided, the board of public works shall obtain the written
consent thereto, and release to the state from all liability, of all persons or
companies holding water leases from the state along the line of said canal;
or shall obtain from said railroad company such security, as in the judgment
of said board of public works, may be necessary to secure the faithful per-
formance by said railroad company of the obligations of the state to any and
all lessees of water power along the line of said canal. [69 v. 175; 65 v. 68.]
(218-300) [Board may sell to railroad, how.] That under the re-
strictions herein set forth, said board of public works are hereby authorized to
dispose of said canal and tow path to any railroad company making application
for the same, on such terms as to said board may seem best for the interest of
the state and the full protection of the rights of the lessees of water-power on
said canal. [65 v. 68.]
202
§ (218-301).
BOARD OF PUBLIC WORKS-CANALS. Tit. III, Ch. 5a.
(218-301) [Abandonment of portion of Walhonding canal, etc.]
The use for canal purposes of so much of the Walhonding canal as lies west
and north of Lock No. 5 in Coshocton county, state of Ohio, together with any
basins or reservoirs adjacent to said abandoned portion is hereby abandoned
as hereinafter provided for, and all right, title and interest of the state in any
land heretofore used as such canal or to any land near or adjacent thereto,
together with all timbers, stone or other material belonging thereto, shall be
appraised, advertised and sold as hereinafter provided. But the state board of
public works shall have full power to reserve for the use of the other canals,
any timbers, stone or other material which can be economically transported
from said abandoned canal or said property, to the other canals on which it is
desired to so use the said materials. [92 v. 380.]
(218-302) [Appraisement of abandoned property and report
thereof.] Upon the passage of this act, the board of public works and canal
commission of the state of Ohio, acting jointly may at their
option make an
appraisement of all of the aforesaid abandoned property in divisions or sections
of such length or amounts and appraise separately and as a whole, as in their
opinion will best suit the convenience of purchasers and facilitate the sale
thereof, to the best advantage and for the highest price for the state. They
shall make a complete report in writing in which they shall itemize each divi-
sion and as a whole with its value as appraised by them, which shall be returned
to the auditor of state within thirty days from the date of said appraisement.
[92 v. 380.]
(218-303) [Receipt and filing of appraisement, etc.] The auditor
of state shall receive and file the said appraisement, and the said joint board
shall forthwith proceed to advertise the aforesaid abandoned canal property for
sale by giving notice of the time, place and terms thereof for three consecutive
months in two newspapers of opposite politics published and having a general
circulation in said county; and upon the day and hour named in such adver-
tisement said joint board shall offer the same for sale at public auction at the
court-house in Coshocton county, and then and there sell the same to the
highest and best bidder or bidders; provided the same or any part thereof shall
not be sold for less than three-fourths of the appraised value thereof, and that
if all or any part of said property remains unsold for want of bidder the joint
board shall again advertise and sell the claim as aforesaid. And if any of said
property remains unsold after having been twice offered for sale the same shall
be appraised agreeably to section 2 of this act, [§ (218-302)] and again offered
for sale as above provided, the state reserving the right to reject any or all bids.
[92 v. 380.]
(218-304) [Removal of bridges, construction of roads, drainage,
etc.] The county commissioners of Coshocton county are hereby granted the
right to remove all existing bridges crossing said abandoned portion of said
canal over which county roads pass, and to grade and construct such county
roads across the channel of said abandoned portion by necessary fills and grades
in the channel thereof, and are authorized to drain the water of said abandoned
portion and to prevent the water from the river from flowing into or through
said abandoned part of said canal, but reserving all rights of the state of Ohio
across said roadways for any and all purposes said state or its grantees may
hereafter desire to use said roadways. [92 v. 380.]
203
Tit. III.
BOARD OF PUBLIC WORKS-CANALS.
Ch. 5a.
HISTORY OF OHIO CANALS.
A complete compilation of the laws relating to canals, in their chronological order, is here given. To pub-
lish the acts in full would make this note too voluminous, and therefore a brief abstract simply is given. In
many instances, the acts which amended, supplemented, or changed the original act in any way, are given in
connection with the original act. Many acts are temporary in their nature, and became obsolete when their
provisions had been fulfilled. This is left to the legal profession to determine. They still stand in force,
being unrepealed.
The acts relating to public works and public debt, touch, in a general sense, upon all internal improve-
ments; but we have not considered it necessary to formulate them here.
The first time the question of canals, in the state of Ohio, was brought to the notice of the public, was
in the inaugural address of Governor Brown, on December 14, 1818, wherein he discussed the advisability of
internal improvement. On January 7, 1819, Mr. Sill, a member of the house of representatives, moved a reso-
lution, that certain committees be appointed to take into consideration so much of the internal improve-
ment as relates to the construction of a canal, connecting Lake Erie and the Ohio River, and the procuring
of skillful engineers to ascertain the most eligible route, and report.
On February 4, 1819, a bill to provide for the appointment of engineers, passed a committee of the
whole, but the house postponed the matter until the following year.
On December 7, 1819, Governor Brown, in a message, recommended that the measure inaugurated the
season before, of appointing a civil engineer, might again be considered, and Mr. Kerr, a member of the house
of representatives, on January 14, 1820, moved a resolution, that Governor Brown be requested to communicate
to the house any information he might have respecting the practicability of connecting the Ohio River and
Lake Erie by a canal. And in answer to said resolutions, Governor Brown, on January 20, 1820, gave his views
on the subject at length, discussing the various routes, cost of the improvement, and mode of obtaining funds
for same, and closed as follows: "Nor can I presume it necessary to appeal to your feelings of duty and patriot-
ism by presenting, in alluring colors, the prospect of a rapid increase of the grandeur and prosperity of the
state of Ohio, that would be derived from the adoption and pursuit of a policy for which such grand resources
seem to be placed within your reach." And, on February 11, 1820, Governor Brown presented a letter to the
house, written on February 7, 1820, by Alexander Holmes, in which additional information is given. On
February 15, 1820, Mr. Vance moved a resolution to request the senators and representatives in Congress to
use their exertions to procure grants of land for canal purposes.
In pursuance of the foregoing resolutions and messages, the first act of the legislature relating to the
construction of canals in this state was passed February 23, 1820 (18 O. L. 147; Chase's Statutes 1131), entitled
"An act respecting a navigable communication between Lake Erie and the Ohio River."
This act provides for the appointment of three commissioners for locating a route for a canal between
Lake Erie and the Ohio River, through the lands of the United States, making Columbus a point as near as
practicable; thence by the most eligible route to the Ohio River; and provided that engineers and assistants
should be employed for surveying and leveling route. The act further contemplates a grant of land by Con-
gress to aid in its construction. This act stands unrepealed.
From the date of the last act until January 31, 1822, on account of the propositions to be made to Con-
gress regarding donations, grants of land, etc., there was no definite action taken, except the adoption of
certain resolutions of no particular moment.
On January 31, 1822 (20 O. L. 31; Chase 1220), an act was passed, entitled "An act authorizing an exami-
nation into the polity of connecting Lake Erie with the Ohio River by a canal." It provides for the
appointment, by the Governor, of an engineer to make surveys, etc. It appoints seven commissioners, and
defines their duties; it suggests four routes, viz: From Sandusky Bay to Ohio River; from the Maumee
River to the Ohio River: from the lake to the river aforesaid by the sources of the Cuyahoga and Black
rivers; and from the lake by the sources of the Grand and Mahoning rivers to the Ohio River It appoints
a time for a report to be made, and appropriates $6,000 for expenses. This act is unrepealed.
Mr. James Geddes, of New York, was appointed engineer, in pursuance of the above act. Mr. Geddes
made his report, in December, 1822; the canal commissioners made their first report on January 3, 1823; and
on January 13, 1823, the canal commissioners filed a supplementary report.
On January 27, 1823 (21 O. L. 24; Chase 1255), an act was passed, entitled "An act supplementary to the act
authorizing an examination into the practicability of connecting Lake Erie with the Ohio River by a canal,
passed January 31, 1822. This act provides that assistants and engineers be employed. It authorizes applica-
tions, on behalf of and in the name of the state of Ohio, to be made to the property-holders through or near
which the canal may be proposed to pass for cessions, grants, and donations of land or other donations. It
also authorizes the commissioners to ascertain whether loans can be obtained on behalf of the state to aid in
the construction of said canal. This act is unrepealed.
The second annual report of the board of canal commissioners was made January 21, 1824, which set
forth the progress made under the foregoing acts. It included in it, numerous letters, written during the lat-
ter part of the year 1823, and the first part of 1824, to various wealthy men, and instructions to find out
what arrangements might be made to borrow $2,500,000 to assist in building the canals.
On February 23, 1824 (Chase 1963), an act was passed, entitled "An act in addition to the act authorizing
an examination into the practicability of connecting Lake Erie with the Ohio River by a canal," passed
January 31, 1822. This act directs the commissioners to continue their labors in the examination of the
various routes from the lake to the Ohio River, and also the various harbors on Lake Erie where the same
might be terminated. This act is unrepealed.
On January 8, 1825, the third annual report was made by the canal commissioners, and also the report
of David S. Bates, principal engineer.
Estimates, surveys, and examinations being now made, everything was ready for the action of the legis-
lature; and, in pursuance of the several reports made by the commissioners and engineers on February 4,
1825 (23 (). L. 50; Chase 1472), an act was passed, entitled "An act to provide for the internal improvement of
the state of Ohio by navigable canals." This act provided for the appointment of seven canal commission-
ers, to be appointed by resolution, three of the number to be appointed acting commissioners, each to take
an oath; that they may employ agents, engineers, surveyors, etc., and fix their wages. It fixed the points and
routes for the canals; how the canal fund should be raised, and the term of office of the commissioners; defines
the powers and duties generally of the commissioners, in borrowing and dispensing funds. It provided how
the credit of the state should be pledged for the payment of loans and interest. It provided that the canal
fund should be kept separate from the other state funds; that the canal commissioners should receive funds
from the commissioners of the canal fund. It provided that the canal commissioners might enter upon and
use private property, and how the damages thereto might be assessed. It provided that the canal commis-
sioners should settle their accounts annually, with the commissioners of the canal fund, and that the canal
commissioners might apply for cessions of land or donations of money for aiding the canal fund. This act
is still in force, unless superseded by the Constitution of 1851, except section 1, repealed March 5, 1839 (37 O. L.
45), and section 8, repealed February 24, 1848 746 O. L. 89).
204
Tit. III.
BOARD OF PUBLIC WORKS-CANALS.
Ch. 5a.
On April 8, 1856 (53 O. L. 112), an act was passed authorizing the issue of transferable certificates of stock,
in pursuance of the provisions of the above recited act, and pledging the credit of the state for their payment.
On February 8, 1825, a memorial and resolutions were addressed to the senate and house of representa-
tives of the United States, by the legislature of Ohio. In this memorial was set forth the fact that the pro-
jected line of canals ran through government lands, and, also, the advantages to be derived by the country
at large by the opening of said canals; and a resolution that our senators and representatives in Congress be
requested to use their endeavors to obtain a grant of public lands.
In a message by Governor Morrow, December 7, 1825, the propriety of the appointment of an officer,
whose office should be kept at Columbus, and whose duty it should be to settle the accounts of the commis-
sioners of the canal fund, and of the canal commissioners, to open books, etc., was suggested.
On December 10, 1825, the first report of the canal fund commissioners was made, and on same day the
fourth report of the canal commissioners. On December 22, 1825, an additional report of the canal fund
commissioners was made.
On January 18, 1826 (24 O. L. 14; Chase 1516), an act was passed, supplementary to the act entitled "An
act to provide for the internal improvement of the state of Ohio by navigable canals, passed February 4,
1825." This act authorizes the canal fund commissioners to borrow money at a rate of interest not exceeding
six per cent., and to issue transferable certificates of stock. With the exception of the second section, which
was repealed February 8, 1826 (Chase 1528), this act still stands unrepealed.
A certain number of miles of the canals being now completed, it became necessary to protect them,
and, therefore, on January 31, 1826 (24 O. L. 47; Chase 1525), an act was passed, entitled "An act for the pro-
tection of the Ohio canals." This act provided certain penalties for trespassing on tow-path, obstructing
navigation, sinking timber or stone in canal, destroying lock gates, etc.; manner of proceeding against per-
sons injuring canals; fines, etc., paid into state treasury; also, how new roads crossing canal were to be
bridged, etc. This act was repealed March 23, 1840 (38 O. L. 87). The credit of the state being pledged by the
act of February 4, 1825, and its supplement, and a large amount of money raised, the legislature provided for
the raising of a further sum by an act passed February 7, 1826 (24 O. L. 28; Chase 1527), entitled “An act
to provide for the increase of the canal fund by the purchase and sale of real estate." The second and fifth
sections are still in force; see Revised Statutes, 22 (218-49) and (218-50). Fourth section repealed April 16.
1857 (54 O. L. 162).
On February 8, 1826 (24 O. L. 59; Chase 1528), an act was passed authorizing an additional sum of money
to be raised by the canal commissioners. The papers and documents relating to canals being now so
voluminous, it became necessary to provide a place for their safe-keeping, and, therefore, an act was passed
February 8, 1826 (24 O. L. 65; Chase 1531), entitled "An act to provide for the preservation of the papers and
documents relating to Ohio canals." This act is unrepealed.
On February 8, 1826 (24 O. L. 78; Chase 1535), an act was passed fixing the compensation of the acting
canal commissioners at $3.00 per diem. This act was repealed January 30, 1827 (Chase 1572).
On December 11, 1826 the second annual report of the canal fund commissioners was made. On Decem-
her 19, 1926, the fifth annual report of the canal commissioners was made. On January 4, 1827, an additional
report was made by the canal fund commissioners. On January 15, 1827, the report of the finance committee
of the house of representatives was made. On January 18, 1827, the report of the canal committee of the house.
of representatives concerning damages was made. On January 18, 1827, the report of the canal committee of
the senate was made.
More money being needed, an act was passed January 30, 1827 (25 O. L. 80; Chase 1566), authorizing the
canal fund commissioners to borrow it. This act is unrepealed.
On January 30, 1827 (25 O. L. 92; Chase 1571), an act was passed increasing the compensation of the canal
commissioners to $3.50 per diem. This act was never repealed. On March 2, 1827 (3 Story's U. S. Laws 2064),
an act was passed, which provided, that certain land on each side of the proposed canal was granted upon
certain conditions to Indiana, and certain lands being reserved to the United States-the land to be selected
from the whole route of the canal. The mode of selection is also defined.
On December 27, 1827, the third annual report of the canal fund commissioners was made. On January
5, 1828, the sixth annual report of the canal commissioners was made.
On February 11, 1828 (26 O. L. 39; Chase 1598), an act was passed amending the act providing for the protec-
tion of canals, passed January 31, 1826, and amplifies it. Repealed March 23, 1840 (38 O. L. 87).
On May 24, 1828 (Laws U. S., 1st Session, 20th Congress, p. 113), an act was passed to aid the state of Ohio in
extending the Miami canal from Dayton to Lake Erie, and to grant a quantity of land to said state to aid in
the construction of the canals authorized by law. It grants 500,000 acres of land to Ohio, on condition that
the canals shall be public highways and free from toll for any property which belongs to the United States.
On May 24, 1828 (4 Story's U. S. Laws 2141), an act was passed whereby Indiana was authorized to relin-
quish to Ohio certain lands.
On December 22, 1828 (27 O. L. 16; Chase 1619), an act was passed assenting to the act of Congress of May
24, 1828, above. Unrepealed.
On January 5, 1829, the fourth annual report of the canal fund commissioners was made. On January 6,
1829, the seventh annual report of the canal commissioners was made.
On February 2, 1829 (27 O. L. 20; Chase 1621), an act was passed declaring the assent of the state of Ohio
to the provisions of an act passed February 7, 1828, by the state of Pennsylvania. This act was never repealed.
On February 12, 1829 (27 O. L. 55; Chase 1626), an act was passed providing for the sale of the land donated
by Congress by the act of May 24, 1828. With the exception of a part repealed on February 22, 1830 (Chase 1660),
this act is still in force. By this act, land offices were established at Piqua and Tiffin. The mode of subdivid
ing the land donated, conducting the sales, executing deeds, etc., were pointed out, together with the duties
of the register, receiver, etc.
On December 9, 1829, the fifth annual report of the canal fund commissioners was made. On January 9,
1830, the eighth annual report of the canal commissioners was made.
The times of making the various reports is unimportant, and hereafter will be omitted.
On February 9, 1830 (28 O. L. 16; Chase 1644), an act was passed authorizing the canal commissioners to
examine into the practicability of extending the Miami liñe of canal from Ďayton to Defiance. This act
has never been repealed.
On February 18, 1830 (28 O. L. 58; Chase 1659), an act was passed enlarging the provisions of the act passed
January 31, 1826, for the protection of canals. This act has never been specifically repealed, and is still in
force, unless superseded by the act of March 23, 1840 (38 O. L. 92).
On February 22, 1830 (28 O. L. 59; Chase 1660), an act was passed directing the state auditor to make deeds
to purchasers of the land granted by Congress, and exempting same from taxation for five years. This act
was repealed April 16, 1857 (54 O. L. 162).
On February 23, 1830 (28 O. L. 19; Chase 1645), an act was passed regulating the navigation and collection
of tolls. The act was never repealed, and remains still in force upon the statute books, unless superseded
by the act of March 23, 1840 (38 Ó. L. 87), except sections 73 and 74, which were specifically repealed by the act of
April 12, 1858 (55 O. L. 103).
On February 23, 1830 (28 O. L. 61; Chase 1661), an act was passed appropriating certain funds to form a
sinking fund for the canal debt. Never repealed. On April 2, 1830 (Laws U. S., 1st Session, 21st Congress, p. 47),
an act was passed amendatory to the act of May 24, 1828, repealing certain parts of said act, and providing that
205
Tit. III.
BOARD OF PUBLIC WORKS-CANALS.
Ch. 5a.
if the state applied any part of the money derived from the sale of the land granted by Congress to any other
purpose than the canal fund, the grant of all unsold lands should be void, and the state should refund the
amount received.
On May 29, 1830 (4 Story's U. S. Laws 2209), 29,528 78-100 acres of land were vested in Indiana, to make up for
deficiency in the above grant by reason of prior sales by the United States. Mode of selection pointed out.
On January 31, 1831 (Chase 1862), an act was passed prescribing the duties of the canal fund commissioners,
or their agents, in transfer of the canal stock, standing in the names of deceased persons. This act remained
in force until the revision of 1880, when it was repealed (section 7437, paragraph 44, Revised Statutes).
On March 3, 1831 (29 O. L. 398), an act was passed providing that commissioners of canal may purchase
mill sites and surplus water. In force; see Revised Statutes, section 7685.
On December 31, 1831 (30 O. L. 14; Chase 1915), an act was passed by which the line of the Miami canal
was established, and requiring the registers and receivers to make returns and payments quarterly of the
sale of the Congress lands. This act was never repealed, with the exception of a repeal in part of section 9,
on January 19, 1834 (32 O. L. 9).
On February 13, 1832 (Chase 1917), an act was passed amending the act of February 11, 1825, above, which
authorized the canal commissioners to take and use, for the construction of the canals, certain lands and
waters. This act was repealed April 4, 1859 (56 O. L. 152).
On February 25, 1833 (31 O. L. 20; Chase 1938), an act was passed authorizing the sale of certain lands.
The act was never repealed.
On February 25, 1833 (Chase 1939), an act was passed defining the duties of the canal commissioners in
regard to the canal loans. This act is unrepealed.
On March 2, 1833 (4 Story's U. S.-Laws 2360), an act was passed which increased the time for com-
mencing the Miami canal, north of Dayton, five years.
On January 18, 1834 (32 O. L. 9), an act was passed which repealed section 9 of the act of December
31, 1831.
On February 3, 1834 (32 O. L. 10), an act was passed which provided that, when persons had purchased
canal lands which had been previously sold, the money should be refunded from the state treasury. This
act was repealed February 27, 1834 (32 Local Laws 215).
On February 24, 1834 (32 Local Laws 439), a resolution was adopted accepting from Indiana certain lands.
On February 27, 1834 (32 Local Laws 215), an act was passed which provided that the auditor correct errone-
ous entries in purchase of lands. It amplifies and repeals the act of February 3, 1834.
On March 3, 1834 (32 Local Laws 308), an act was passed relating to the Wabash and Erie canal.
On March 30, 1834 (32 O. L. 46), an act was passed adjusting claims for damages. Unrepealed.
On June 30, 1834 (4 Story's U. S. Laws 2388), an act was passed which authorized a selection in lieu of lands
in Ohio sold by the United States, etc. The mode of selection was pointed out.
On February 29, 1836 (34 Local Laws 640), a resolution was adopted directing the governor to suspend all
further sales of Miami Canal lands until further action was taken by the legislature.
On March 4, 1836 (34 O. L. 13), an act was passed which abolished the board of canal commissioners, and
placed all internal improvements relating to canals under the charge of the board of public works. The act
established the board of public works. This act was repealed March 16, 1838 (36 O. L. 63).
On March 12, 1836 (34 Local Laws 446), an act was passed which removed the land office from Piqua to Lima,
and provided that, if the United States land office should be removed west or north of Lima, the state office
should be moved with it.
On March 14, 1836 (34 Local Laws 658), a resolution was adopted authorizing the board of public works
to reserve certain lands where water-power would be used, and lay the same off into lots and sell them.
On January 12, 1837 (35 O. L. 6), an act was passed which authorized a further expenditure for canal pur-
poses. Unrepealed.
On February 27, 1837 (35 Local Laws 553), the governor was requested to suspend issuing certain deeds.
The resolution was rescinded (page 565, same volume).
On March 16, 1837 (35 O. L. 63), an act was passed providing for the protection of property in and on the
vicinity of canals. The act was never repealed, and, unless superseded by the act of March 23, 1840 (38 O. L. 93),
is still in force.
On March 29, 1837 (35 O. L. 104), an act was passed providing that stone, etc., excavated from canals, be
appropriated for public use. Sections 4 and 5 are in force; see Revised Statutes, sections (218-37) and
(218-38).
On March 29, 1837 (35 O. L. 106), a local act was passed relating to the Pennsylvania Ohio Canal Company.
On March 31, 1837 (35 O. L. 110), an act was passed providing for the payment of expenses of making sur-
veys and estimates of canals. It is carried into the Revised Statutes, section (218–53).
On March 31, 1837 (35 O. L. 110), an act was passed removing the state land office from Tiffin to Maumee.
It relates to the appointment and bonds of registers and receivers, time and manner of sale of lands, etc.
It has never been repealed.
On April 3, 1837 (35 O. L. 115), an act was passed providing for loans by canal fund commissioners and
other purposes. The act was never repealed.
On April 3, 1837 (35 O. L. 119), an act was passed increasing the canal fund by purchase of land by the
board of public works. This act has never been repealed.
On April 3, 1837 (35 Q. L. 121), an act was passed relating to the canal tax, assessing one mill and one-half
on each dollar of the valuation of the property in the general list for taxation. The first section of this act
was repealed March 19, 1838 (36 O. L. 85); residue unrepealed.
On March 9, 1838 (36 O. L. 39), an act was passed authorizing the board of public works to purchase, for
the use of the state of Ohio, the Lancaster Lateral canal. It provides the terms of purchase. This act is
unrepealed.
On March 10, 1838 (36 O. L. 51), an act was passed providing for the repair of canal bridges within the
state. This act was repealed by the Revised Statutes, section 7437, paragraph 34.
On March 16, 1838 (36 O. L. 63), an act was passed which abolished the board of public works, and revived
the canal commissioners and regulated their duties. This act was repealed, except section 9, March 5, 1839
(37 O. L. 45). Section 9 still in force; see Revised Statutes, section (218—41).
On March 19, 1838 (36 O. L. 78), an act was passed authorizing the canal fund commissioners to borrow
money, and pledge the faith of the state for the repayment. Unrepealed.
On March 19, 1838 (36 O. L. 85), an act was passed authorizing the canal and canal fund commissioners to
take charge of the canal lands, and to direct the time and place of sale, the governor to cause the lands to be
appraised; sale to be made at public auction; unsold land to be again offered; the right of making canals
through the land reserved, etc. This act is unrepealed.
On February 4, 1839 (837 O. L. 8), an act was passed extending the provisions of section 8 of the act of
February 4, 1825, above, which act, unless superseded by act of February 28, 1852 (50 O. L. 112), is still in force.
On March 5, 1839 (37 O. L. 45), an act was passed which abolished the canal commissioners and reinstated
the board of public works (sections 6, 7 and 10). See Revised Statutes, sections (218-42) to (-44) inclusive.
For the disposition of the remaining sections, see Jordan's Repeals and Supplement, 148.
On March 10, 1839 (37 O. L. 66), an act was passed to prevent certain injuries to canals belonging to the
state. This act, unless superseded by the act of March 23, 1840 (58 0). L. 87), is still in force.
206
Tit. III.
BOARD OF PUBLIC WORKS-CANALS.
Ch. 5a.
On March 16, 1839 (37 O. L. 68), an act was passed extending the fifth section of the act passed February
4, 1825, above. The act authorized the commissioners of the canal fund to borrow certain moneys and to
regulate the accounts of the sinking fund. This act is still unrepealed.
On January 24, 1840 (38 O. L. 10), an act was passed to prescribe the mode of subjecting the canal lands
of the state to taxation. All repealed, except section 4, by the Revised Statutes, section 7437, paragraph 26.
Section 4 still in force, unless superseded March 7, 1842 (40 O. L. 75).
On February 11, 1840 (38 O. L. 25), an act was passed transferring certain moneys from the general revenue
to the canal fund. This act is still unrepealed.
On March 20, 1840 (38 O. L. 56), an act was passed regulating the elections in canal companies. This act
was repealed March 29, 1841 (39 O. L. 46).
On March 23, 1840 (38 O. L. 81), an act was passed authorizing the commissioners of the canal fund to
borrow money for the completion of the canals. See Jordan's Repeals and Supplement, for disposition of
sections.
On March 23, 1840 (38 O. L. 84), an act was passed regulating the receipt and disbursement of the canal
fund. This act has never been repealed.
On March 23, 1840 (38 O. L. 87), an act was passed to provide for the protection of the canals and regula-
tion of the navigation thereof, and for the collection of tolls. With the exception of sections 35, 59, 60, 124, and
138, the whole act is in force, and brought forward in the Revised Statutes, sections (218-66 to (218-200) in-
clusive.
On March 27, 1841 (39 O. L. 37), an act was passed relating to the Muskingum improvement. This act is
unrepealed.
On March 29, 1811 (39 O. L. 45), an act was passed regulating the elections in canal and slack-water
companies where the state was a stockholder. This act is unrepealed.
On March 29, 1841 (39 O. L. 43), an act was passed providing for the appointment of engineers on the
various canal routes. This act is unrepealed.
On March 7, 1842 (40 O. L. 38), an act was passed extending section 35 of the act of March 23, 1840, above.
In force; see Revised Statutes, section (218-78).
On March 7, 1842 (40 O. L. 72), an act was passed to provide for the valuation and sale of canal lands, the
manner of conducting sales, duties of registers and receivers, mode of issuing certificates of sales, how assigned,
etc. This act was repealed by the Revised Statutes, section 7437, paragraph 27.
On February 7, 1843 (41 O. L. 25), an act was passed amending the act of March 7, 1842, and provides for the
This
appraisement of the land and improvement of Wabash and Erie canal, and the mode of selling same.
act is unrepealed.
On February 28, 1843 (41 O. L. 43), an act was passed providing for the completion of seventy miles of the
Miami Extension canal. This act is unrepealed.
On March 10, 1843 (41 O. L. 54), an act was passed reorganizing the board of canal fund commissioners,
and providing for an investigation into the affairs of said board. This act is unrepealed.
On January 31, 1845 (43 O. L. 17), an act was passed preventing canal companies from drawing off water
from their respective canals at any time between the 30th day of June and the 30th day of September, in any
year, and prescribing penalty for violation. This act was repealed by the Revised Statutes, section 7437, para-
graph 35.
On January 24, 1846 (44 O. L. 32), an act was passed extending the provisions of section 1 of the act of
March 7, 1842 (40 O. L. 38), above. Unless superseded by the act of February 27, 1846 (44 O. L. 67), this act is
still in force.
On February 9, 1846 (44 O. L. 36), an act was passed relating to stock owned by this state in the Milan
canal company. This act is unrepealed.
On February 27, 1846 (44 O. L. 67), an act was passed preventing the rafting of timber and saw-logs on the
canals of this state. This act is still in force; see Revised Statutes, section (218—201).
On March 2, 1846 (44 O. L. 119), an act was passed providing for the payment of certain debts on the vari-
ous canals of the state. Unrepealed.
On March 2, 1846 (44 O. L. 123), an act was passed providing for the receipt and disbursement of the
canal funds, which, with the exception of section 12, which was repealed February 8, 1847 (45 C. L. 26), is
still unrepealed.
On February 1, 1847 (45 O. L. 21), an act was passed in regard to a bridge across Wabash and Erie canal,
and the Maumee River at Defiance. This act is a local act, and unrepealed.
On February 8, 1847 (45 O. L. 31), an act was passed providing for the sale of certain canal lands to actual
settlers at thirty-three per cent. less than the appraised value, and allowing others to purchase at the
appraised value. This act was repealed April 16, 1852 (50 O. L. 183).
On January 11, 1848 (46 O. L. 26), an act was passed providing for temporary repairs to canal bridges.
This act was repealed February 27, 1867 (64 O. L. 34).
On February 18, 1848 (46 Ŏ. L. 54), an act was passed further regulating certain canal lands. This act in
unrepealed.
On February 22, 1848 (46¸ O. L. 65), an act was passed providing that the state would not pay for losses or
injury to any property transferred over the canals. This act is in force; see Revised Statutes, sections
(218-203) and (218-204).
On February 24, 1848 (46 O. L. 73), an act was passed authorizing the canal fund commissioners to redeem
certain certificates of the funded debt of the state. This act was repealed March 21, 1849 (47 O. L. 55).
On February 24, 1848 (46 O. L. 73), an act was passed authorizing the canal fund commissioners to make
certain changes in the canal debt. This act was repealed March 14, 1853 (51 O. L. 462).
On February 24, 1848 (46 O. L. 88), an act was passed providing for the sale of lands belonging to the state,
near Mercer County reservoir. This act is unrepealed.
On February 24, 1848 (46 O. L. 89), an act was passed that no application for damages shall be entertained
for loss of water on streams, unless it be shown that the water was abstracted for canal purposes, and was
necessary to operate mills in actual use at the time. In force; see Revised Statutes, section (218-52).
On February 27, 1849 (47 O. L. 27), an act was passed providing that the state can not be held liable in
damages for any breach in any canal banks, unless such injuries were the result of defective construction.
This act was repealed April 4, 1859 (56 O. L. 152).
On March 13, 1849 (47 O. L. 43), an act was passed abolishing the land office at Perrysburg; attaching the
land in the Perrysburg district to Lima district; and the Lima office removed to Defiance. This act is in
force, unless superseded by the act of April 12, 1858 (55 O. L. 74).
On March 14, 1849 (47 O. L. 44), an act was passed consolidating the Miami canal, the Miami Extension
canal, and Wabash and Erie canal into one canal. This act is in force; see Revised Statutes, section (218-246).
On March 21, 1849 (47 O. L. 54), an act was passed authorizing the canal fund commissioners to make an
exchange of certain certificates of the funded debt of the state. This act is unrepealed.
On March 19, 1850 (48 O. L. 56), an act was passed authorizing the canal fund commissioners to make an
exchange of certain certificates of the funded debt of the state. This act is unrepealed.
On March 23, 1850 (48 O. L. 92), an act was passed establishing the price of certain canal lands at fifty per
cent. below the appraised value, and directing when deeds were to be made, etc. This act was repealed
April 16, 1852 (50 (). L. 183).
On April 16, 1852 (50 O. L. 180), an act was passed which abolished the office of register and receiver at
Defiance, and established a land commissioner, to be appointed by the governor, at same place: it regulated
207
Tit. III.
BOARD OF PUBLIC WORKS-CANALS.
Ch. 5a.
his term of office, his duties, etc. Supplemented January 12, 1853 (51 O. L. 293), and repealed May 1, 1854
(52 O. L. 123).
On April 19, 1852 (50 O. L. 185), an act was passed which abolished the office of commissioner of canal
fund, and placed the affairs of the office in charge of the commissioners of the sinking fund. It defines the
duties of the commissioners of the sinking fund. Added to on April 11, 1857 (54 O. L. 101), and amended sec-
tion 8, May 1, 1854 (52 O. L. 130). Repealed April 12, 1858 (55 O. L. 91).
On April 26, 1852 (50 O. L. 192), an act was passed which authorized deeds to be re-executed for the deeds
and certificates burned in the fire which destroyed the land office at Defiance. Unrepealed.
On May.1, 1852 (50 O. L. 267), an act was passed which authorized the auditor of state to take steps to
secure to the state of Ohio the title to all lands heretofore granted, or that might hereafter be granted by
Congress for the completion of the Ohio, Miami, and Wabash and Erie canals, or for other purposes, and also
to obtain further legislation by Congress to vest in the state title to other lands. Unrepealed."
On March 14, 1853 (51 O. L. 460), an act was passed which created a sinking fund for the payment of the
state debt. Repealed April 12, 1858 (55 O. L. 78). This act was supplemented, and the sixth, seventh, eighth,
and ninth sections amended and repealed May 1, 1854 (52 O. L. 128), and added to on April 11, 1857 (54 O. L. 101).
On April 7, 1854 (52 O. L. 31), an act was passed which provided how deeds for state lands should be
renewed when lost or destroyed by fire. Repealed February 10, 1857 (54 O. L. 13).
Unimportant act passed April 29, 1854 (52 O. L. 69). Unrepealed.
On April 25, 1854 (52 O. L. 66), an act was passed which authorized the board of public works to sell the
lands belonging to the state lying near Mercer County reservoir, in the counties of Mercer and Auglaize.
Unrepealed.
On May 1, 1854 (52 O. L. 120), an act was passed which abolished the office
and established the office of land agent; it provides for sale of lands, etc.
2, and 3, the act is in force. See Revised Statutes, sections (3107—62) to
amended, and sections 1, 2, and 3 repealed April 12, 1858 (55 O. L. 74), and
L. 43).
of land commissioner at Defiance,
With the exception of sections 1,
(3107—69) inclusive. This act was
Supplemented April 10, 1862 (59 O.
On March 2, 1855 (33d Congress, 2d session, U. S. Statutes at large, p. 634), an act was passed which con-
firmed the canal selections of land under the act of Congress of May 24, 1828, above.
On April 8, 1856 (53 O. L. 112), an act was passed to provide for the payment of the public debt due Janu-
ary 1, 1857. See act of February 4, 1825, before. Unrepealed.
Unimportant act passed April 8, 1856 (53 O. L. 103.) Unrepealed.
On April 9, 1856 (53 O. L. 197), an act was passed authorizing the state of Ohio to adopt as part of the pub-
lic works of the state that portion of the Sandy and Beaver canal which lies between Boliver and Sandyville.
In force; see Revised Statutes, sections (218-55) and (218-56).
On April 9, 1856 (53 O. L. 180), an act prescribing the duties of the commissioners of sinking fund in cer-
tain cases was passed. Repealed April 12, 1858 (55 O. L. 91.)
On April 11, 1856 (53 O. L. 197), an act was passed which confirmed titles of purchasers of land bought
from the state of Ohio. Unrepealed.
On February 10, 1857 (54 O. L. 12), an act was passed authorizing the supplying of evidences of the titles
to lands sold by the state when the same have been lost or destroyed. Repealed by the Revised Statutes,
section 7437, paragraph 163.
On March 30, 1857 (54 O. L. 78), an act was passed providing for the protection of fences near canals. In
force; see Revised Statutes, section (218-202).
On April 16, 1857 (54 O. L. 160), an act was passed to provide for the execution of deeds for lands sold by
the state of Ohio, and for other purposes. Section 4 amended and repealed February 7, 1861 (58 O. L. 11), and
section 5 amended and repealed February 28, 1859 (56 O. L. 28), and all repealed by the Revised Statutes,
section 7437, paragraph 164.
On April 12, 1858 (55 O. L. 74). an act was passed amending the act of May 1, 1854, above. In force; see
Revised Statutes, sections (3107-59) to (3107–61) inclusive.
On April 12, 1858 (55 O. L. 77), an act was passed which created a sinking fund for the payment of the
public debt of Ohio. Repealed by Revised Statutes, section 7437, paragraph 43.
On April 12, 1858 (55 O. L. 84), an act was passed defining the powers and duties of the board of commis-
sioners of the sinking fund. Repealed by Revised Statutes, section 7437, paragraph 42. Sections 2, 3, 8, 10, 11,
12, 15, 16, 17, 18, and 19 were repealed May 5, 1868 (65 O. L. 133); section 17 was amended and repealed March 23,
1860 (57 O. L. 62). The act was supplemented March 4, 1864 (61 O. L. 23).
On January 12, 1859 (56 O. L. 5), an act was passed authorizing the exchange or sale of canal stock. Uure-
pealed. See act passed March 31, 1859 (56 O. L. 96), on subject of Lewistown reservoir. See act passed April 2.
1859 (56 O. L. 105), on subject of payment of public debt.
On May 8, 1861 (58 O. L. 117), an act was passed to provide for leasing the public works of the state. This
act provided for the leasing for ten years of Miami and Erie canal, Walhonding canal, Hocking canal, Sandy
and Beaver canal, and Muskingum improvement, together with all side-cuts, feeders, reservoirs, lock-houses,
and all other appurtenances; in pursuance of which act leases were made. In force; see Revised Statutes,
noted on page 147.
See act of March 28, 1862 (59 O. L. 83), on subject of payment of public debt. In force; see Revised Stat-
utes, sections (244—1) to (244—5) inclusive.
On April 10, 1862 (59 O. L. 43), act supplementary to May 1, 1854, above. In force; see Revised Statutes,
Section 3107-73.
On March 4, 1864 (61 O. L. 23), au act was passed supplementing the act of April 12, 1858, above, and was
repealed by Revised Statutes, section 7437, paragraph 436.
On March 24, 1864 (61 O. L. 55), an act was passed providing that rents accruing on leases of water-power
be a first lien on estates. In force; see Revised Statutes, section (218-64).
On March 23, 1864 (61 O. L. 67), an act was passed authorizing the city of Toledo to enter upon and occupy
a part of the Miami and Erie canal, as a public highway and for sewerage and water purposes. Supplemented
January 31, 1871 (68 O. L. 17). Unrepealed.
On March 30, 1864 (61 O. L. 99), an act was passed authorizing the board of public works to lease for
twenty years a portion of the Miami and Erie canal at Cincinnati. Unrepealed.
On Apri› 7, 1865 (62 O. L. 95), an act was passed relating to a tow-path at Toledo, on the Miami and Eric
canal. Unrepealed.
On April 12, 1865 (62 O. L. 138), an act was passed leasing a part of the Miami and Erie canal at Cincinnati.
Unrepealed.
On March 9, 1866 (63 O. L. 38), an act was passed transferring certain funds to the sinking fund. In force;
see Revised Statutes, section 8169.
On April 4, 1866 (63 O. L. 92), an act was passed extending the lease of the canal lands at Cincinnati.
Unrepealed.
On April 5, 1866 (63 O. L. 140), an act was passed providing for the sale of the remaining canal lands be-
longing to the state of Ohio, when and how. In force; see Revised Statutes, sections (3107-74) to (3107—79)
inclusive.
On April 5, 1866 (63 O. L. 147), an act was passed authorizing hydraulic companies to appropriate lands for
the construction of cauals for hydraulic purposes. Repealed by Revised Statutes, section 7437, paragraph 45.
On April 11, 1867 (64 O. L. 330), a resolution was adopted to extend the time of the lease authorized by the
act of May S, 1861, above, for ten years. See Revised Statutes, section noted on page 147.
208
Tit. III.
BOARD OF PUBLIC WORKS-CANALS.
Ch. 5a.
On April 13, 1867 (64 O. L. 141), an act was passed authorizing the enlargement of the culvert of the Miami
and Erie canal in Miami county. Supplemented May 9, 1868 (65 O. L. 205). Unrepealed.
On April 13, 1868 (65 O. L. 68), an act was passed authorizing a sale and transfer of the Walhonding canal.
Section 3 was amended April 27, 1872 (69 O. L. 175). Unrepealed.
On April 22, 1868 (65 Ô. L. 106), an act was passed authorizing the construction of a berme bank and cul-
vert below Lock 28, on Miami and Erie canal. Unrepealed.
On January 31, 1871 (68 O. L. 17), an act was passed supplementary to the act of March 26, 1864, above.
In force; see Revised Statutes, section (218–264).
On February 24, 1871 (68 O. L. 31), an act was passed providing for the enlargement of a culvert on Miami
and Erie canal, in Auglaize county. Unrepealed.
On February 24, 1871 (68 O. L. 32), an act was passed authorizing the construction of a berme bank below
Lock 28, on Miami and Erie canal. Unrepealed.
On April 27, 1872 (69 O. L. 175), an act was passed amending the act of April 13, 1868, above. In force:
see Revised Statutes, section (218–299).
On April 29, 1872 (69 O. L. 182), an act was passed authorizing the city of Cleveland to occupy a part of the
Ohio canal. In force: see Revised Statutes, sections (218-269) to (−271) inclusive.
On April 29, 1872 (69 O. L. 194), an act was passed authorizing the board of public works to ascertain and
locate all state lands which lie near the public works of the state, and appraise and sell the same, which, with
the exception of section 2, repealed March 1, 1877 (74 O. L. 36), is in force. See Revised Statutes, sections
(3107-95), (-96) inclusive.
On February 21, 1873 (70 O. L. 305), an act was passed authorizing an excavation at Providence feeder
dam, on the northern division of the Miami and Erie canal. Supplemented March 25, 1875 (72 O. L. 110).
Unrepealed.
On March 6, 1873 (70 O. L. 306), an act was passed authorizing the vacation and sale of a portion of the
Hocking canal. In force; see Revised Statutes, sections (218-288) to (-290) inclusive.
On March 15, 1875 (72 O. L. 55), an act was passed relating to culverts at Canal Winchester. Unrepealed.
On March 30, 1875 (72 O. L. 175), on act was passed authorizing a bridge to be built across Mad River feeder
of the Miami and Erie canal. In force; see Revised Statutes, sections (218-267), (—268).
On March 30, 1875 (72 O. L. 147), an act relating to a deed of canal lands was passed. Unrepealed.
On April 6, 1876 (73 O. L. 104), an act relating to culvert under Hocking canal was passed. Unrepealed.
On April 11, 1876 (73 Q. L. 168), an act was passed authorizing the abandonment of a portion of the Hock-
ing canal. In force; see Revised Statutes, sections (218-291) to (-293) inclusive.
On April 11, 1876 (73 O. L. 198), an act was passed authorizing the vacation of a portion of the Ohio canal.
In force; see Revised Statutes, sections (218—275), (—276).
On April 24, 1877 (74 O. L. 130), an act relating to culvert under Hocking canal was passed. Unrepealed.
On April 27, 1877 (74 O. L. 133), an act was passed relating to culvert under Miami and Erie canal. Unre-
pealed.
On May 4, 1877 (74 O. L. 166), an act was passed authorizing an abandonment of a portion of the Hocking
sanal. Unrepealed.
On May 7, 1877 (74 O. L. 198), an act relating to culvert under Ohio canal was passed. Unrepealed.
On May 13, 1878 (75 O L. 539), an act was passed appropriating money to repair the canals, and refusing
to release the lessees from their obligations under the act of May 8, 1861, and resolution of April 2, 1867, above.
In force; see Revised Statutes, noted on page 148
On June 12, 1879 (76 O. L. 158), an act relating to culvert under Ohio canal was passed. Unrepealed.
On June 13, 1879 (76 O. L. 163), an act relating to bed of part of Miami canal at Toledo, was passed.
Unrepealed.
Ôn June 17, 1879 (76 O. L. 164), an act was passed relating to culvert under canal at Groveport, in Frank.
lin county. Unrepealed.
On June 17, 1879 (76 O. L. 185), an act was passed which supplemented the act of March 23, 1840, and pro-
vides certain conditions when water is drawn off canal; provides concerning lights and name of boat at
night, and penalty for violation; boats faced with iron; insufficient bow-line, and penalty; refuse matter and
fire, and penalty; embankment and excavation; also, interfering with draw-bridges, inserting pipes, etc.,
and penalty, etc. In force; see Revised Statutes, sections (218-205) to (~220) inclusive.
At this period the Revised Statutes of 1880 were published, and any action of the legislature would
change the various sections, and not the laws as they stood upon the statute books prior to that time.
On April 6, 1881 (78 O. L. 106), section (218—4) of the Revised Statutes was amended. The act relates to the
appointment, bond, and oath of superintendent, collectors, lock-tenders, etc., and also the tolls, fines, and
water-rent. In force.
On April 19, 1881 (78 O. L. 219), section (218-70) of the Revised Statutes was amended and repealed. It
relates to leading and driving animals along tow-path. In force.
On April 19, 1881 (78 O. L. 229), section (218-15) was amended and repealed. It relates to permission to
take ice from reservoir, conditions, and when considered a misdemeanor. In force.
On April 17, 1882 (79 O. L. 105), an act was passed providing for the boundaries of the bed of the Ohio
canal, which had been abandoned and conveyed to the city of Cleveland. In force.
On April 19, 1883 (80 O. L. 215), an act was passed authorizing the board of public works to grant the
right of way to the C. H. V. & H. Railroad, on the berme-bank of canal, from a point near Yellow Bud to
Marfield's Mill. In force.
On March 28, 1888 (85 O. L. 127), an act was passed providing for a commission to establish the boundaries
and lines of canals, canal basins, reservoirs, etc., of the state, by an accurate survey by metes and bounds,
together with maps and plats of the same, and to define and protect the ownership and titles of the state in
and to all lands belonging to and connected with said canals. This act is amended and very fully supple-
mented, and sections 2, 3, 4, and 5 repealed by the act of April 12, 1889 (86 O. L. 270); residue in force.
On April 12, 1888 (85 O. L. 207), an act was passed providing for the abandonment and sale of the Wabash
and Erie canal, and Six-mile reservoir in Paulding county. In force.
On April 13, 1888 (85 O. L. 223), an act was passed authorizing an enlargement of the culvert under the
Hocking canal, in Logan, Hocking county, Ohio. In force.
On April 16, 1888 (85 O. L. 324), an act was passed relating to the sale of out-lot No. 4, west of the Ohio
canal at Chillicothe. In force.
Providing for certain improvements on Miami and Erie canal, 87 v. 261.
Canal commissioners; appointment of provided for, 87 v. 219.
Abandoning Wabash and Erie canal in Paulding county, 88 v. 72.
Canal commissioner required to collect and preserve records, etc., supp. to 87 v. 219; 88 v. 338.
Canal commissioners; appointment of, 89 v. 376.
Actions against parties in possession of canal property, etc., 29 of 85 v. 127 amended, 87 v. 219 amended.
90 v. 327.
Commissioner to ascertain and establish boundaries of channel of river or stream in Columbus, 90 v. 120.
Providing for dedication of Licking reservoir as public park, 91 v. 380.
Authorizing construction of an embankment across Grand Reservoir and sale of certain lands, 91 v. 413.
Authorizing leasing of certain lands to Valley Ry., 91 v. 145.
Relating to settlement of controversy concerning location of road bed and construction of bridge of T.
W. V. and O. R. R., along bank of Walhonding canal, 91 v. 232.
Canal commissioner's appointment, 91 v. 55.
Enlarging duties of canal commissioners, supp. to 85 v. 127 and 87 v. 219. 91 v. 305.
Providing for recovery, etc., of swamp lands; duty of canal commission, 91 v. 229.
209
Tit. III, Ch. 6. COMMISSIONERS OF THE SINKING FUND.
Miami and Erie canal, lease of portion of embankment, 92 v. 7.
$219.
Abandonment of side cut in Toledo, 92 v. 219.
Conveyance of canal lands to P. C. C. and St. L. R. R., 92 v. 293.
Abandonment of portion of Walhonding canal, 92 v. 380.
Canal commissioners; appointment of, 92 v. 95.
Abandonment of part of Hocking canal to C. H. V. and A. R. R., 91 v. 327. Sections 2 and 6 amended,
93 v. 216.
To promote better facilities on Miami and Erie canal by use of electricity as motive power, 93 v. 370.
Setting apart Lewistown reservoir as a public lake, 93 v. 142.
Canal commissioners; appointment of, 93 v. 300.
SECTION
219. President and secretary.
CHAPTER 6.
COMMISSIONERS OF THE SINKING FUND.
SECTION
238. Board may, if necessary to pay maturing bonds,
220. Duties of the secretary.
make new loan.
221. Where office to be and how furnished.
222. Semi-annual report: what to contain.
239.
How bonds for new loan to be payable.
240.
223. To pay interest and principal of funded debt at
maturity.
When interest payable on foreign and when on
domestic debt.
241.
How new loan effected.
224. How sinking fund drawn from the treasury.
225. Surplus after paying interest to be paid on prin-
cipal or invested.
242.
Application of proceeds.
243.
Foreign creditors entitled to new certificates in
kind.
244.
244-1.
Issue of new certificates or debt.
226. Bank in New York to be selected for payment of
interest on public debt; public notice of place of
payment.
227. To whom interest to be paid.
228. What books and accounts to be kept of foreign
debt.
229.
And what as to domestic debt.
230. Accounts to be kept of irreducible debt.
231. Transfers of public debt: how made.
232. How lost or destroyed certificates renewed.
233. Pay-rolls of interest on foreign debt.
234. Expenses: how paid.
235.
Examinations of the office.
236. Of what the sinking fund shall consist.
237. How applied.
For "
For
Accounts and reports of the board.
244-2. May be either domestic or foreign.
244-3. Interest, how and when payable.
244-4. Surrender of certificates due Jan. 1, 1861, and
new substituted.
244-5. Sale of certificates; application of proceeds.
244-6. Certificates to redeem part of funded debt;
interest.
244-7.
Sale of same; application of proceeds; place
of payment.
244-8. Place of sale; advertising; exchange of new
certificates for old; interest.
244-9. Debt not to be increased.
an act providing for refunding the state debt,” see 78 v. 34.
an act authorizing the commissioners of the sinking fund to borrow money for
the purpose of redeeming outstanding certificates of indebtedness, and making appropria-
tions to meet the same," see 84 v. 167.
For "an act for the issue of bonds to meet deficiencies in the general revenue fund,"
see 85 v. 168.
For "an act defining the duties of the commissioners of the sinking fund in the
abandonment and sale of the Wabash and Erie canal and Six-Mile reservoir in Paulding
county (85 v. 207), see? (218-247) et seq.
((
For an act authorizing commissioners of sinking fund to borrow money to redeem
outstanding bonds," see 85 v. 263.
For "an act to authorize the issue of certificates of indebtedness to meet deficiencies
in the general revenue fund," see 91 v. 186; am. 91 v. 228.
Duty under act "To appropriate one million dollars to defray expenses of national
guard," etc., see 93 v. 97.
Employment of counsel, see ? 202.
SEC. 219. [Who shall be president and secretary.] In the board of
commissioners of the sinking fund the auditor of state shall be president and
the secretary of state secretary. [55 v. 84, § 1; S. & C. 235.]
15
210
§§ 220-225.
COMMISSIONERS OF THE SINKING FUND. Tit. III, Ch.6.
SEC. 220. [Duties of the secretary; board may appoint a clerk.]
The secretary shall keep a journal of all the proceedings, orders, requisitions,
and acts of the board, together with a register of all the certificates of the
public funded debt, and of all transfers of the same, and all other papers issued
or made by the order of the board; and the board may appoint a clerk, at a
salary not exceeding twelve hundred dollars per year, to be paid quarterly out
of the sinking fund. [65 v. 131, § 2; (S. & S. 82; S. & C. 235).]
SEC. 221. [Office to be in the state house; what to be kept therein,
and how to be furnished.] The office in the state house now used by the
board shall continue to be its office; and all the books, records, correspondence,
and other papers of every description, belonging to the business of the board,
shall be kept in the office, and at no other place; and the office shall be fur-
nished with such fire-proof vaults and safes as the board deems necessary to
the safety of the records, papers, books, and vouchers belonging to, or that may
be in, the office at any time. [65 v. 131, § 3; S. & S. 82; (S. & C. 235).]
SEC. 222. [Semi-annual report: what it shall contain; additional
reports.] In the semi-annual report, required of the commissioners they
shall include a statement of the condition of the public debt and of the sink-
ing fund, and all their proceedings in relation to the same; and they shall also
make all additional reports required by the general assembly, or either branch
thereof, or by the governor. [55 v. 84, § 4; S. & C. 236.]
SEC. 223. [Board shall pay interest and principal of public debt as
same mature preserve the faith and credit of the state.] The commis-
sioners of the sinking fund shall promptly pay, according to law and the tenor
of the certificates of the public debt, the interest as it becomes due on all the
funded debt, and pay according to law all certificates of public debt which
have been lawfully issued; and, to the extent of their power, they shall, at all
times, preserve the good faith and credit of the state. [55 v. 84, §5; S. & C.
236.]
SEC. 224. [How payments for sinking fund made.] All moneys paid
into the state treasury to the credit of the sinking fund, belonging to the same,
shall only be paid out by the treasurer of state, on the warrant of the auditor,
drawn in pursuance of the requisition of the commissioners of the sinking
fund; and such requisition shall be recorded in the office of the commission-
ers, and shall particularly specify the purposes and object for which the same
is made; and the requisition shall be attached to, or be made a part of, the
warrant; and the warrant shall specify the requisition, and be made payable
to the order of the commissioners, and shall be by them indorsed over to the
special object for which it is drawn, whether the same be the payment of the
interest or any part of the public debt, or for the redemption of any part of
the principal thereof. [55 v. 84, § 6; S. & C. 236.]
SEC. 225. [Surplus after payment of interest to be paid on or invested
in public debt.] The commissioners are authorized and required, as often as
there is money in the treasury to the credit of the sinking fund, which is not
required to pay interest on the public debt, to apply it to the payment and
redemption of such part of the public debt, whether the same be foreign or
domestic, as may be so redeemed, on such terms as are most to the interest of
the state; or, if none can be so paid, then to invest the same, on the best terms
that can be had, in the certificates of the funded debt maturing thereafter;
and in case of such investment, if the funds so invested, or any part thereof,
are afterward required to pay any part of the public debt, the commissioners
shall have power to sell and transfer such certificates in the manner and form
prescribed for transfers in other cases, and apply the proceeds to such payment,
and to no other purpose whatever. [55 v. 84, §7; S. & C. 236.]
211
Tit. III, Ch.6.
COMMISSIONERS OF THE SINKING FUND. $$ 226-230.
SEC. 226. [Bank in New York to be selected for payment of interest
on public debt; public notice of place of payment.] Previous to the first
day of January and July of each year, the commissioners shall arrange with
a reliable banking house in New York city, as the place where the semi-annual
interest of the foreign debt of the state will be paid; and they shall cause to
be conveyed to said banking house, not more than thirty days prior to said
first day of January and July, a sufficient amount of money to pay the prin-
cipal and interest; and for at least fifteen days before (and after) day of pay-
ment they shall cause to be given notice of the place of payment, by publica-
tion in at least one newspaper of general circulation in that city, and by such
other means as they may deem proper; and if such interest is not all demanded
and paid before the expiration of fifteen days after the date of maturity, they
shall have the funds remaining in such banking house so deposited re-trans-
ferred to the state treasury to the credit of the sinking fund; and when the
owner of any of the certificates of indebtedness, who has not received the
interest thereon within the time so limited, desires to obtain the same, the
amount thereof shall be paid to him, his agent or attorney, at the office of the
commissioners, in the manner prescribed by law. [1882, April 10: 79 v. 81;
Rev. Stat. 1880; 65 v. 131, § 8; (S. & S. 82; S. & C. 237).j
SEC. 227. [To whom interest shall be paid.] Interest on the funded
debt shall be paid only to the owner thereof, his or her legally authorized
agent or attorney, or the legal representatives of any deceased owner; and
when the payment is made to an agent, attorney, or legal representative, the
proof of the authority of such agent, attorney, or representative, must be exhib-
ited to and filed with the commissioners. [65 v. 131, § 8; S. & S. 82.]
SEC. 228. [What books, and how accounts shall be kept of foreign debt;
general and individual ledgers must agree in amounts.] The commission-
ers shall keep in stock ledgers, known as general ledgers, separate accounts
of every creation and issue of the foreign funded debt of the state, showing
the date, rate of interest, time of redemption, and the law under which the
same was created; and, if practicable, the original order or act of the board of
commissioners of the canal fund, or other board, upon which all certificates of
such debt were issued; the original amount of each of the stocks so issued; the
amount of each redeemed or paid; and at all times the exact amount outstand-
ing; and in addition to the general ledgers, they shall keep transfer books, and
also individual ledgers, or books of inscription, in which accurate and particu-
lar accounts shall be kept with every public creditor holding a certificate or cer-
tificates of the foreign funded debt, which account shall specify the amount,
date, number, rate of interest, and the particular stock or portion of the public.
debt as evidenced by each certificate, held by each creditor, and included in his
or her account, as aforesaid; and the aggregate of individual accounts must at
all times exactly correspond with the aggregate general accounts of each and
all such stocks in the general ledgers. [65 v. 131, § 12; S. & S. 83; (S. & C. 237).]
SEC. 229. [Same as to domestic debt.] The commissioners shall in like
manner keep accurate accounts in general ledgers, particularized as aforesaid,
of all domestic stocks created by the state; the amount of each original issue,
the date, the rate of interest, the law under which such issue was made; the
amount paid or redeemed and at all times the exact amount of outstanding
certificates thereof. [55 v. 84, § 13; S. & C. 238.]
SEC. 230. [Accounts to be kept of irredeemable debt.] The commis-
sioners shall also keep accounts in the general ledgers of the exact amount
standing to the credit of each class or portion of the irredeemable or irreduci-
ble debt of the state on the principal of which the state pays interest. [55 v.
84, § 14; S. & C. 238.]
212
§§ 231-233.
COMMISSIONERS OF THE SINKING FUND. Tit. III, Ch.6.
SEC. 231. [All transfers of stock shall be made at the commissioners'
office, by holders in person or by attorney; how stocks belonging to de-
ceased persons transferred.] All transfers of the public debt of the state
shall be made in the office of the board of commissioners of the sinking fund,
by the owner thereof, or by his or her attorney in fact for that purpose, and a
power of attorney to make such transfer is sufficient, if simply and concisely
written or printed on the certificate of the public debt, and attested by one
subscribing witness; and such power may authorize the secretary of the board,
or any other person, to transfer the same as such attorney; and any of the
public debt standing in the name of a deceased person may be transferred by
the legal representative of such deceased person, in person or by attorney, as
aforesaid, upon full proof of the representative character of the person apply-
ing to have the transfer made, by producing and filing letters testamentary or
letters of administration, properly authenticated, according to the laws of the
state, territory, district, or government where the deceased owner died and let-
ters testamentary or of administration were granted; and whenever any trans-
fer of any part of the public debt is made, the secretary of the board shall
immediately post the same to the account of the proper person or persons in
the stock ledgers of said public debts, so that, at all times, the exact amount of
the public debt appears upon the ledgers. [65 v. 131, § 16; 29 v. 399, §1;
S. & S. 83; S. & C. 242; (S. & C. 238).]
SEC. 232. [When certificates of debt lost or destroyed, how renewed.]
When satisfactory proof is made to the commissioners of the sinking fund that
any certificate of the public debt has been lost or destroyed, and of the amount
and particular kind of debt represented thereby, and the legal and equitable
ownership thereof, which proof must be in writing and be filed in the office of
the commissioners, they may, by written order signed by all of them, cause a
new certificate of equal amount of debt of the same kind as the debt described
in the certificate so lost or destroyed to be issued and delivered to the owner of
such lost or destroyed certificate, writing on the new certificate so issued a
statement that it is issued in place of the one lost or destroyed, describing the
latter; but such owner must first execute and deliver to the commissioners an
obligation payable to the state, with good and sufficient security, to their
acceptance, to save the state harmless from any loss or injury consequent upon
the issuing of such new certificate, which obligation shall be filed and carefully
preserved in the office of the commissioners. [61 v. 23, §§ 1, 2; S. & S. 81.]
SEC. 233. [When transfer books shall be closed, and pay-rolls made.]
The transfer books shall be closed for thirty days from and after the fifteenth
day of June and December of each year, in order that pay-rolls may be made,
showing the name of each creditor of the foreign debt, in alphabetical order,
and the amount of semi-annual interest coming to him or her; and the rolls
shall be made in duplicate in the office of the commissioners, and must corre-
spond exactly with each other and with the accounts of the public creditors in
the stock ledgers: One of the rolls shall be sent to New York city, to the bank-
ing house selected and advertised as the place where the interest will be paid,
and the other pay-roll shall, for the time being, remain in the office of the fund
commissioners; and no payment of interest on the funded debt of the state shall
be made, except to the owner thereof in person, or to his or her legally author-
ized agent or attorney, or legal representative, nor until such owner or legal
representative, or his agent or attorney, has signed one of the duplicate pay-
rolls; and all such signatures shall be fixed to one and the same pay-roll; and
the commissioners, having caused the signatures so affixed to the pay roll in
New York to be accurately transcribed upon the unsigned pay-roll, shall file
in their own office the one containing the original signaturee, and the other in
the office of the treasurer of state. [65 v. 131, § 17; S. & S. 83; (S. & C. 239).]
213
Tit. III, Ch.6. COMMISSIONERS OF THE SINKING FUND.
§§ 234-238.
SEC. 234. [Expenses of paying foreign debt: how paid.] The expenses
incident to the payment of principal and interest of the public debt in New
York, and of the sale or exchange of bonds, shall be paid by the commissioners
out of the sinking fund, and a detailed statement of all such expenses shall be
filed in their office, and reported to the governor. [65 v. 131, § 19; 62 v. 99, §9;
S. & S. 84; S. & S. 644.]
SEC. 235. [The books, etc., of the board to be subject to examination
by the governor, etc.] The books, records, documents, accounts, vouchers,
and business of the board, and everything belonging or appertaining thereto,
shall at all times be subject to examination by any committee or commission
appointed by the general assembly, or by either branch thereof, or by the gov-
ernor, or treasurer of state, in person, or any person or persons appointed by
them, or either of them; and when any person or persons, other than a mem-
ber of the board, is or are appointed by the governor to examine the state
treasury, such person or persons, so appointed, and the treasurer of state in
conjunction with such person or persons, so appointed, shall make a careful
and thorough examination of the business and proceedings of the commis-
sioners, and of all their books, records, documents, vouchers, and every thing
belonging or appertaining thereto, and make report thereof to the governor,
who shall communicate the same to the general assembly. [55 v. 84, §§ 4, 20;
S. & C. 236, 240.]
SEC. 236. [Of what the sinking fund consists.] The sinking fund of
the state shall consist of the net annual income of the public works and of the
stocks owned by the state, the proceeds of sales of canal, school and minis-
terial lands (except as otherwise provided by law), the principal and proceeds
of the surplus revenue loaned to counties, the proceeds of sales of any of the
shares of stock held by the state, and also the proceeds of sales of the public
works, or of any part thereof, when the same are sold; and of such further
sum, to be raised by taxation, as is required by the provisions of article eight,
section seven, of the state constitution. [55 v. 77, §§ 1, 2, 3; S. & C. 241.]
an act prescribing rate of state taxes" (86 v. 376), see ? (2820-1).
For the levy of state taxes, see ?? 2820, 2821.
For "
As to school funds, see 23951.
SEC. 237. [To what the sinking fund shall be applied; bonds paid
shall be canceled.] Funds belonging to the sinking fund shall be applied to
the payment of the principal and interest of the public funded debt of the
state, and expenses of such payment, and to no other use or purpose whatever;
and all bonds or certificates of the public funded debt so paid shall be canceled,
and on the face thereof shall be conspicuously written the word "Paid," with
the date of payment, which inscription shall be signed by the commissioners;
and bonds or certificates so paid shall be taken from the proper accounts upon
the individual and general stock ledgers, and entered in account of public debt
paid, specifying the particular stock or loan, the number and date of the cer-
tificate, or bond, so paid, the amount, rate of interest, time at which it was
redeemable, and in whose name standing when paid; and all such certificates
or bonds so paid and canceled shall be duly filed in the office of the commis-
sioners. [55 v. 77, §4; S. & C. 241.]
SEC. 238. [Issue of new certificates.] The commissioners are author-
ized, empowered, and required, at periods previous to and near the time at
which any portion of the funded debt of the state becomes payable, according
to the terms expressed upon the face of the certificates thereof, to make and
issue in due form, agreeably to the laws of the state in such cases made and
provided, certificates of the funded debt of the state of such numbers and
amount as are sufficient, from the proceeds thereof, to redeem so much of the
debt then about to become payable as has not been paid or fully provided for,
214
88 289-241 . COMMISSIONERS OF THE SINKING FUND. Tit. III, Ch.6.
by the application thereto of the sinking fund established and fixed by the
constitution of the state and raised by law; and such certificate shall be made
redeemable and payable at such time and times, after being issued, as in the judg-
ment of the commissioners may be most convenient and advantageous for the
final redemption and payment of the same by the appropriation to that purpose
of the sinking fund, established and raised as aforesaid; and the time and place
of the final redemption and payment of the principal, and of the payment of the
interest thereon by the state, and the rate of interest, shall be clearly expressed
on the face of each certificate; but no certificate shall be issued or made pay-
able after the first day of January, eighteen hundred and ninety-one, except
at the pleasure of the state; and the faith of the state is irrevocably pledged
that the value of the certificates of the funded debt herein authorized to be
issued shall in no wise be impaired or diminished by any act of the legisla-
ture, or other authorities of the state. [57 v. 111, § 1; S. & C. 1230.]
SEC. 239. [Where domestic or foreign debt payable.] All or any por-
tion of such certificates of the funded debt of the state, as herein authorized
and described, may be made and issued as a domestic debt, the principal and
interest thereof to be payable at the treasury of state at the seat of government,
or as a foreign debt, the principal and interest of which shall be payable at
such place in the city of New York as the commissioners of the sinking fund
may determine; and the certificates so issued, whether as foreign or domestic
debt, shall be issued and made transferable on the books of the commissioners
at their office at the seat of government. [65 v. 131, § 2 ; S. & S. 644; (S. & C.
1231).]
SEC. 240. [Interest: how, when, and where payable.] The interest on
all such certificates as are issued as a domestic debt, as aforesaid, shall be made
payable, semi-annually, on the first day of February and on the first day of
August, in each year, after the issuing thereof, until the final redemption and
payment of the principal; and the interest on all such certificates as are issued
as a foreign debt shall be made payable, semi-annually, on the first day of Jan-
uary and the first day of July, in each year, after the issuing of the same, until
the final redemption of the principal thereof. [57 v. 111, §3; S. & C. 1231].
SEC. 241. [Certificates of the funded debt: how disposed of] When
it becomes necessary to issue certificates of the funded debt of the state, they
shall be offered, by the commissioners of the sinking fund, for sale in the city
of New York; and for that purpose the commissioners shall advertise for bids
or proposals for the taking thereof in at least two newspapers of general circu-
lation, published in that city, for at least sixty days, next preceding the day
for the closing the reception of bids or proposals for taking the same, and such
certificates shall be issued to the party or parties who agree to take the sum, or
any part thereof, at the highest rate of premium, and at a rate of interest not
exceeding six per centum per annum, or at par, at the lowest rate of interest
under six per centum per annum; or may reject all, or any, of such bids, as the
commissioners, in any of the alternatives aforesaid, judge to be best for the
interest of the state; and in case all or any of the bids are rejected, the propo-
sals shall remain open for any further bid or bids therefor, and the commis-
sioners may enter into arrangements with any party or parties therefor, at a
rate of premium, or par, as aforesaid, not less than the highest and best bid, so
made as herein provided; and in case the same can not be procured, new pro-
posals may be invited as aforesaid, at such time as the commissioners deter-
mine; but no portion of the certificates shall be sold or disposed of at a rate or
price less than the amount expressed on the face thereof; nor shall any com-
missions, expenses, or charges be allowed on the sale and conversion thereof
into money, so as to reduce the net amount realized therefor below the amount
expressed on the face of the certificate or certificates so issued; and no certifi-
215
Tit. III, Ch.6. COMMISSIONERS OF THE SINKING FUND.
§ 242.
cate shall be issued bearing a rate of interest exceeding six per centum per
annum: In all cases where there is more than one bid or proposal to take all
or any portion of the certificates so to be issued, as aforesaid, at a rate equal to
each other, and most to the interest of the state, the commissioners shall appor-
tion the amount equally and fairly amongst the parties making such bids or
proposals; and the commissioners may adopt such other regulations, in relation
to the form and reception of bids or proposals, as they may deem advantageous
to the state; but whenever certificates of the funded debt of the state, to be
issued to pay outstanding bonds, and which bear a rate of interest not exceed-
ing five per centum per annum, can be sold at a price equal to or greater than
the par value thereof, or exchanged for an equivalent amount at its par value
of the then outstanding funded debt of the state, the commissioners of the
sinking fund are authorized and permitted so to sell or exchange such certifi-
cates, or any part thereof, without advertising for bids or proposals for the
same, and at any place or places where such sale or exchange can be effected.
[62 v. 99, § 4; S. & S. 643; (S. & C. 1231).]
See acts at head of this chapter.
For acts to provide for refunding the state debt of Ohio (78 v. 34; 82 v. 139), see
? (244-6) et seq.
SEC. 242. [Application of proceeds.] The net proceeds of the sale of
the certificates of the funded debt of the state, issued as aforesaid, shall be
applied to the redemption and payment of the principal of the funded debt of
the state, and to no other purpose whatever. [57 v. 1Î1, §5; S. & C. 1232.]
SEC. 243. [Foreign creditors entitled to new certificates in kind; do-
mestic creditors.] A holder of any portion of the foreign debt of the state
may, at any time, surrender the same to the commissioners of the sinking fund,
and receive in lieu thereof a certificate or certificates of an equal amount of
the domestic debt, and the commissioners shall make the necessary transfers,
registers, entries, and cancellations on their books: Upon the surrender of any
of the outstanding certificates of the domestic debt of the state, the commis-
sioners of the sinking fund may issue in lieu thereof transferable certificates,
as authorized by this chapter, the principal and interest of which shall be pay-
able at the state treasury, and at the time and times specified in the certificates
so surrendered: the certificates surrendered shall be immediately canceled, and
the proper entries thereof made in the books of the commissioners. [57 v. 111,
§ 6; S. & C. 1232.]
SEC. 244. [Accounts and reports of the board.] The commissioners
of the sinking fund shall keep accurate accounts and registries of the issue and
transfers, payment of the interest, and of the final redemption and payment
of the principal of the certificates; and the commissioners are required to report
to the governor at the times of making their semi-annual reports, and at such
other times as the governor requires, and to the general assembly, or either
branch thereof, when so required by resolution, all their acts and proceedings
done under and by authority of this chapter as to the issue and exchange of cer-
tificates; and the governor shall communicate the reports made to him to the
general assembly, if in session, and if not in session, then at the commencement
of the next session thereafter; and if such report is made more than two
months before the meeting of the general assembly, the governor shall cause
such report to be printed in at least two newspapers of general circulation
published in each of the cities of Cincinnati, Columbus, and Cleveland.
[57 v. 111, § 7; S. & C. 1232.]
(244-1) [Issue of new certificates of debt.] The commissioners of the
sinking fund be and they are hereby authorized, empowered, and required to
make and issue, in due form of law, certificates of the funded debt of the
state, of such numbers and amount as shall be sufficient to redeem so much
of the said debt as became payable on the first of January, eighteen hundred
216
§ (244-2). COMMISSIONERS OF THE SINKING FUND. Tit. III, Ch. 6.
and sixty-one, and thereafter redeemable at the pleasure of the state, which
remains unredeemed. Such certificate shall be made redeemable and payable at
such times after being issued not beyond the first day of January, eighteen
hundred and eighty-two, as in the judgment of said commissioners may be
most convenient and advantageous for the final redemption and payment of
the principal, and of the payment of the interest thereon, by the state. The
rate of interest, not exceeding six per cent., shall be clearly expressed on the
face of each certificate. The faith of the state [of ] Ohio is hereby irrevocably
pledged that the value of the certificates of the funded debt hereby authorized
to be issued shall in nowise be impaired or diminished by any enactment or
authority of this state. [59 v. 33; S. & S. 641.]
(244-2) [May be either domestic or foreign; transfers.] All or any
of such certificates of the funded debt of this state herein authorized and
described may be made and issued as a domestic debt, the principal and
interest thereof to be payable at the treasury of the state; or as a foreign debt,
the principal and interest of which shall be payable at the office of the agency
of the state in the city of New York, and at no other place or places whatever.
The certificates so issued as a domestic debt shall be issued and made trans-
ferable on the books of said commissioners at their office at the seat of gov-
ernment; the certificates issued as a foreign debt shall be transferred on the
books of the commissioners in manner prescribed by law. [59 v. 33; S. & S. 641.]
(244-3) [Interest thereof; how and when payable.] The interest of
all such certificates issued as a domestic debt, as aforesaid, shall be made pay-
able semi-annually, on the first of February, and first of August, in each year
after the issuing thereof, until the final redemption and payment of the prin-
cipal. The interest on all such certificates as shall be issued as a foreign debt
shall be made payable semi-annually, on the first day of January, and the first
day of July, in each year after the issuing of the same, until final redemption
and payment of the principal thereof. [59 v. 33; S. & S. 641.]
(244-4) [Surrender of certificates due January 1, 1861, may be
received, and new ones in kind delivered in return.] The commissioners
of the sinking fund may, if in their opinion it should be most advisable for
the interest of the state, receive from the holder of any portion of the certifi-
cates of the public debt of this state, payable January first, eighteen hundred
and sixty-one, as aforesaid, at any time, a surrender of the same to the said
commissioners, and deliver in lieu thereof to said holder a certificate of an
equal amount of the funded debt authorized by this act: provided, that any
holder of any portion of said certificates of the public debt, aforesaid, may at
any time within sixty days after the passage of this act, at his option, surren-
der the same to the commissioners aforesaid, and receive in lieu thereof a cer-
tificate of an equal amount of the funded debt authorized by this act; and said
commissioners shall make the necessary equalization, transfers, registers, and
cancellation, with the necessary accounts and registers of the issue and trans-
fers, payment of interest, and final payment and redemption of the principal
of said certificates on their books. [59 v. 33; S. & S. 641.]
(244-5) [Sale of unapplied certificates; application of proceeds.] If,
in the opinion of the commissioners of the sinking fund, it should be most
advisable for the interest of the state to offer all or any of said certificates afore-
said of the public debt of the state aforesaid, unapplied by the proviso of the
fourth section [§ (244-4)] of this act, for sale, the commissioners in conducting
said sale, and in all matters incident thereto, shall be governed by the applic-
able provisions of the act entitled "an act to provide for the final payment and
redemption of the public debt of the state of Ohio," passed March 26, 1860, both as
217
Tit. III, Ch. 6. COMMISSIONERS OF THE SINKING FUND. § (244-6).
to the power and manner of the same: provided, no such sale shall be made
for less than par; and the proceeds of the sale of said certificates of the funded
debt aforesaid, issued under this act, shall be applied to the redemption and
payment of the public debt of the state aforesaid, which was payable the first
of January aforesaid, and to no other purpose whatever. [59 v. 33; S. & S. 641.]
(244-6) [Certificates authorized to be issued to redeem certain of
the state funded debt; rate of interest.] The commissioners of the sinking
fund of the state of Ohio be and they hereby are authorized and empowered
to make and issue in due form of law, at the times and in the manner herein-
after specified, certificates of the funded debt of the state of such numbers and
amount as shall be sufficient to redeem an equal number and amount of the
certificates of the funded debt of the state payable on the thirty-first day of
December, 1886, and thereafter redeemable at the pleasure of the state. Such
certificates may be made redeemable, payable at such times after being issued,
not beyond the first day of January, 1917, as in the judgment of said com-
missioners may be most convenient and advantageous for the final redemption
and payment of the principal and of the payment of the interest thereon by
the state. The rate of interest, not to exceed five per cent. per annum, shall
be clearly expressed on the face of each certificate. The faith of the state of
Ohio is hereby irrevocably pledged that the value of the certificates of the
funded debt hereby authorized to be issued, shall in no wise be impaired or
diminished by any enactment or authority of this state. [82 v. 139.]
(244-7) [Sale of same; application of proceeds thereof; place of
payment.] That the sinking fund commissioners are hereby authorized to
sell and dispose of any of the bonds authorized by this act, at not less than
their par value, and the proceeds arising from the sale thereof, shall be applied
to the redemption of the outstanding certificates of indebtedness of the state,
payable on the 31st day of December, 1886, and thereafter redeemable at the
pleasure of the state; and the certificates, or the proceeds, hereby authorized,
shall be used for no other purpose whatsoever. The principal and interest of
said certificates as a whole, or in part, shall be payable at the treasury of the
state of Ohio, or at the agency of the state in the city of New York, as may
be determined by the commissioners. [82 v. 139.]
Construction of contract with sinking fund commissioners, providing for an exchange of the old canal
bonds for new bonds, in accordance with the provisions of this act: State v. Netter, 3 C. C. 369.
(244-8) [Place of sale; advertising for proposals; exchange of
new certificates for old; interest, how payable.] That in addition to
the provisions of sec[tion] two hundred and forty-one of the Revised Statutes,,
the said bonds shall be offered for sale at the office of the commissioners of
the sinking fund, at Columbus, and the commissioners shall advertise for bids,
or proposals, for the taking thereof, in the cities of Cincinnati, Cleveland,
Columbus, and New York, in like manner, and for the same period of time, as
provided for in said section two hundred and forty-one: Or the commissioners
of the sinking fund, if in their opinion it should be most advisable for the
interest of the state, subject, however, to the approval of the governor of the
state, may contract with the holder of any certificate or certificates of said
funded debt of the state payable on the thirty-first day of December, 1886,
and thereafter redeemable at the pleasure of the state, for the exchange of any
portion or all of the certificates of said funded debt for the certificates of the
funded debt authorized by this act, and receive the surrender of the same,
and in lieu thereof deliver to said holder of said certificate or certificates an
equal number and amount of the certificates of the funded debt authorized by
218
§ (244-9). COMM'R OF RAILROADS AND TELEGRAPHS. Tit. III, Ch. 7.
this act. And said commissioners shall make the necessary equalization, trans-
fers, registry and cancellation, with the necessary accounts and registry of the
issues and transfers, payment of interest and final payment and redemption of
the principal of said certificates on their books. The interest on all such
certificates issued under this act shall be made payable semi-annually in each
year after the issuing thereof, until the final redemption and payment of the
principal. [82 v. 139.]
(244-9) [Public debt not to be increased.] Nothing herein provided,
however, shall be so construed as to permit any increase of the public debt.
[82 v. 139.]
State refunding bonds, see 92 v. 57.
CHAPTER 7.
COMMISSIONER OF RAILROADS AND TELEGRAPHS.
SECTION
245. How appointed, and term: who eligible.
246. Bond.
247. Duties as to railroad bridges, tracks, or other
structures.
247a. Gates, bells, devices or flagmen at crossings.
2476. Regulations as to such gates, bells, devices or
flagmen.
247c. Gates or flagmen at crossings in Hamilton;
duty of prosecuting attorney.
SECTION
250-3. Peualty.
251.
Annual reports of railroad companies; what
to contain.
251a. Requiring railroad compantes to pay a fee of
one dollar per mile to the commissioner;
penalty for neglect.
252. Blanks shall be furnished to railroad and tel-
egraph companies.
253.
247d. How railroads can cross each other or a stream,
without stopping; discontinuance.
254.
255.
2476. Petition for safety devices and procedure
256.
thereon.
247f. Compulsory interlocking.
Penalty on railroad officers for failure to report.
Annual reports of telegraph companies; penalty.
Defective returns: when to be amended.
Railroad companies, on demand, shall make
returns as to contracts with express and
freight lines, etc.
247g. Crossing without stopping.
257.
247h. Penalty for non-compliance with order.
Superintendents to notify commissioner of all
fatal casualties.
248. Shall examine into alleged violations of law by
railroad companies.
258.
259.
218a. Duty of commissioner of railroads as to differ-
ences between citizens and common carriers.
249. His office, where; clerk, appointment and
duties of.
Powers of commissioner in investigations.
Penalty for refusing to answer: railroad liable
therefor.
260.
List of officers and their residence.
261.
Penalty for not furnishing.
262.
How prosecutions carried on.
250. Commissioner's right of free transit on rail-
roads.
263.
264.
Civil action for penalty: by whom brought.
Annual report of commissioner.
250-1. Additional statements, etc., required from
companies.
265.
Moneys collected shall be paid into the state
treasury; fees of prosecuting attorneys.
250-2. Expenses to be borne by railroads.
Must enforce act against having inexperienced employes, see ? (3365–13).
To enforce an act entitled "to regulate the height of bridges, etc., overhead roadways,
etc., over railroad tracks," see (3337-18).
To require trains to equip with automatic couplers and air-brakes, see ? (3365-23) et seq.
To enforce act limiting number of hours of service on railroad, see ? (3365—14) et seq.
To compel introduction of fire extinguishers on passenger trains see (3354—2) et seq.
Appliances for blocking of railway frogs, etc., to be approved by, see ? (3365—18).
Report of number and class of cars equipped with automatic couplers and air brakes,
etc., to, every six months until Jan. 1, 1900, commissioner to furnish blanks for same, see
? (3365-23a).
Duty as to construction of over-head wires over line of steam railroad, see ??(3365—28),
(-29).
Employment of counsel, see 2 202.
SEC. 245. [How appointed, and term; who eligible.] A commissioner
of railroads and telegraphs shall be appointed by the governor, by and with the
advice and consent of the senate; and he shall hold his office for two years:
no person is eligible to the office who is an officer or employe of a railroad com-
pany, or who owns or is interested in the stock or bonds of a railroad company.
[64 v. 111, § 1; S. & S. 76.]
For "
an act authorizing the governor, auditor of state, attorney-general, railroad com-
missioner, and state librarian to sell property deeded by Albert A. Bliss and wife to the state
of Ohio by deed bearing date February 19, 1852," see 81 v. 175.
For "
an act to authorize the issue of bonds to meet deficiencies in the general revenue
tund," see 83 v. 154.
219
Tit. III, Ch. 7. COMM'R OF RAILROADS AND TELEGRAPHS.
§ 246.
SEC. 246. [His bond, and oath of office.] The commissioner, before
entering upon the discharge of his duties, shall give bond to the state in the
sum of five thousand dollars, with two or more sureties, to the acceptance of the
governor, conditioned for the faithful performance of his duties; which bond,
with his oath of office and the approval of the governor indorsed thereon, shall
be deposited with the secretary of state. [64 v. 111, § 2; S. & S. 76.]
SEC. 247. [Duty to examine tracks, bridges, etc., supposed to be dan
gerous; shall prescribe rate of speed for passing over same, or wholly
stop the trains from passing over same; punishment of officers and others
for disobeying his orders, and penalty against company.] When the com-
missioner has reasonable grounds to believe, either on complaint or otherwise,
that any of the tracks, bridges, or other structures of any railroad in this state
are in a condition which renders them, or any of them, dangerous, or unfit for
the transportation of passengers, he shall forthwith inspect and examine the
same; and if, on such examination by himself or his agent, he is of opinion
that any of such tracks, bridges, or other structures are unfit for the transpor-
tation of passengers with safety, he shall immediately give to the superin-
tendent, or other executive officer of the company operating such road, notice
of the condition thereof, and of the repairs or reconstruction necessary to place
the same in a safe condition; and he may also prescribe the rate of speed for
trains passing over such dangerous or defective track, bridge, or other struct-
ure, until the repairs or reconstructions required are made, and the time
within which such repairs or reconstructions must be made; or if, in his
opinion, it is needful and proper, he may forbid the running of passenger trains
over such defective track, bridge, or other structure; and if a superintendent
or other executive officer receiving such notice and order neglects for two days
after receiving the same to direct the proper subordinate officers to run the pas-
senger trains over such defective track, bridge, or other structure, at a speed not
greater than that so prescribed, or if the running of passenger trains is so for-
bidden, then to stop running passenger trains over the same; or if any engi-
neer, conductor, or other employe knowingly disobeys such order, every super-
intendent, officer, engineer, conductor, or employe, so offending, shall be fined
in any sum not exceeding five hundred dollars, or imprisoned in the jail for
any period not exceeding one year, or both, at the discretion of the court; and
the company operating such road, if it neglects or without good cause fails to
make the repairs or reconstruction prescribed by the commissioner within the
time by him limited, shall for each day that such repair or reconstruction is
delayed beyond the time prescribed, forfeit and pay to the state the sum of
one hundred dollars. [64 v. 111, § 6; S. & S. 77.]
See ? 1 of “an act for the protection of railroad employes,” (85 v. 105), ? (3365—18).
SEC. 247a. [Gates, bells, devices or flagmen at crossings.] When, in
the opinion of the commissioner of railroads, the public safety requires that a
gate or gates, automatic alarm-bell, or other mechanical device be erected and
maintained at any place where a public road or street is crossed at the same
level by any railroad, and which crossing has been declared by said commis-
sioner to be a dangerous one, or that a flagman be stationed and maintained
at such dangerous crossing, he shall give the superintendent, manager or other
officer in charge of such railroad, a written notice that the same is required,
and such company, person or corporation owning or operating such railroad
shall erect or station the same within such time thereafter as said commissioner
shall prescribe. Any company, person or corporation neglecting or refusing to
erect or maintain such gate or gates, automatic alarm-bell, or other mechanical
device, or to maintain such flagman, when so required as aforesaid, shall for-
feit and pay to the state, for every such neglect or refusal, the sum of one
hundred dollars, and the further sum of ten dollars for every day while such
neglect or refusal shall continue. [91 v. 353; 86 v. 367.]
220
م
§ 2476.
COMM'R OF RAILROADS AND TELEGRAPHS. Tit. III, Ch. 7.
SEC. 247b. [Regulations as to such gates, bells, devices or flagman.]
All gates, bells or devices, which by the provisions of this act are under the
direction of the commissioner of railroads, shall be built in such a manner, and
within such a time, and of such material as shall be approved by the commis-
sioner of railroads, and shall be located on the highway or street, on one or
both sides of the railroad track or tracks as the commissioner may deem the
public safety to require, and shall be so constructed as, when closed, to obstruct
and prevent any passage across such railroad or railroads from the side on
which the gate may be located; or said bell shall be made to ring before the
approach of each and every train of cars or of a locomotive within three hun-
dred feet of such crossing, or more, according to the speed of the train, and
continue to ring until the train of cars or the locomotive shall have reached
the crossing. There shall be a person in charge of every such gate and it
shall be his duty to close the same at the approach of every train of cars, or
of a locomotive, and to keep it open at all other times. In case an automatic
alarm-bell, or other mechanical device shall be required at any such crossing,
it shall be the duty of the railroad company at all times to keep such bell or
device in good working order. For every neglect of such duty such person or
railroad company, upon conviction thereof, shall pay the sum of twenty-five
dollars. When more than one railroad crosses a public highway or street at
such dangerous crossing, the expense incurred in the erection and maintenance
of gates, bells or device provided for in this section, and of the necessary gate-
keepers, or of a flagman, shall be shared equally by the railroad companies
alongside whose tracks the gates, bells or device shall be located. Provided.
that an automatic alarm-bell, or other mechanical device as provided for in
this and the preceding section, shall not be erected within the limits of any
city of the first class or of any city of the first, second, third, and fourth grades
of the second class, upon the order of the commissioner of railroads and tele-
graphs; but nothing herein contained shall prohibit any railroad company
from using such automatic alarm-bell or other mechanical device, if it desire,
at any public railroad crossing not declared dangerous by said commissioner
of railroads and telegraphs; and provided further, that where a gate or gates,
has or have been erected, and is or are maintained by the railroad company,
or where a flagman has been stationed and is maintained by the railroad
company, shall not be abandoned, and any automatic alarm-bell or other me-
chanical devices be substituted therefor. [91 v. 353; 86 v. 367.]
SEC. 247c. [Gates or flagmen at dangerous crossings in Hamilton;
duty of prosecuting attorney.] When, in the opinion of the city council of
any city of the third grade b of the second class, the public safety requires that
a gate or gates be erected and maintained at any place where a public road or
street is crossed in said city at the same level by any railroad, and which cross-
ing has been declared by said council to be a dangerous one, or that a flagman
be stationed and maintained at such dangerous crossing, council shall give the
superintendent, manager or other officer in charge of such railroad, a written
notice that the same is required, and such company, person or corporation
owning or operating such railroad shall erect or station the same within such
time thereafter as council may prescribe. After said notice has been given to
the superintendent, manager or other officer in charge of such railroad that
the same is required, such railroad company and said council shall agree as to
whether said crossing so declared to be dangerous shall be protected by a gate
or gates, or a flagman; and if they fail to come to any agreement within ten
days, then the question shall be submitted to arbitrators, the council selecting
one person, the railroad company one; the two thus selected shall choose a
third. The arbitrators thus selected shall decide whether said dangerous cross-
ing shall be protected by a gate or gates, or a flagman, and their decision shall
221
Tit. III, Ch. 7. COMM'R OF RAILROADS AND TELEGRAPHS.
$ 247d.
be final. Any company, person or corporation neglecting or refusing to erect
or maintain such gate or gates, or to maintain such flagman when so required
as aforesaid, shall forfeit and pay to the state for every such neglect or refusal
the sum of one hundred dollars, and the further sum of ten dollars for every
day while such neglect or refusal shall continue. Provided further, that noth-
ing herein contained shall be construed as conflicting with section 247a. [91
v. 350.]
SEC. 2. It is hereby made the duty of the prosecuting attorney of the
proper county, upon being advised of the violation of this act, to immediately
commence civil action against said company, person or corporation in the
name of the state for the recovery of the forfeitures and penalties imposed in
this act. [91 v. 350.]
SEC. 247d. [How railroads can cross each other or a stream without
stopping; discontinuance.] When in case two or more railroads or a railroad
and an electric railroad crossing each other at a common grade, or any railroad
crossing a stream by a swing or draw-bridge shall, by a system of interlocking,
or by other works or fixtures, to be erected by them, or either of them, render
it safe for engines or trains to pass over such crossing, or bridge, without
stopping, and such system of interlocking works or fixtures shall first be
approved by the commissioner of railroads and telegraphs, and a plan of
such interlocking works or fixtures, for such crossing or bridge, designating
the plan of crossing shall have been filed with such commissioner, then and
in that case, it is hereby made lawful for the engines and trains of such rail-
road or railroads, to pass over such crossing or bridge without stopping, any
law, or the provisions of any law, now in force to the contrary notwithstand-
ing, and all such other provisions of law contrary thereto are hereby declared
not to be applicable in such case; provided, that the said commissioner shall
have and is hereby given power in case such interlocking system or other fix-
tures, shall, in his judgment, prove to be unsafe or impracticable, to order the
same discontinued, opportunity first being given the person or company oper-
ating the same to be heard before said commissioner as to the propriety of such
order. In case such order is made and enforced, the existing statutes relative
to stopping at crossings shall apply until such time as a device approved by
said commissioner is substituted. [92 v. 315.]
See ? 3333, et seq.
SEC. 247e. [Petition for safety-devices and procedure thereon.] In
case where the tracks of two or more railroads, or the tracks of a railroad and
an electric railroad cross each other at a common grade in this state, any com-
pany owning any one of such tracks, whose managers may desire to unite
with others in protecting such crossing with interlocking, or other safety
devices, and shall be unable to agree with such others on the matter, may file
with the said commissioner a petition stating the facts of the situation and
asking said commissioner to order such crossing to be protected by interlock-
ing, or other safety devices; said petition shall be accompanied by a plan
showing the location of all tracks and switches, and upon the filing thereof
notice shall be given to each company or persons owning or operating any
track involved in such crossing, and the said commissioner shall thereupon
view the site of such crossing and shall, as soon as practicable, appoint a time
and place for the hearing of such petition. At the time and place named for
hearing, unless the hearing is for good cause continued, said commissioner
shall proceed to try the question of whether or not the crossing shall be pro-
tected by interlocking or other safety devices, and shall give all companies and
parties interested an opportunity to be fully heard; and after such hearing
said commissioner shall enter an order upon a record-book, or docket, to be
kept for the purpose, granting or denying such petition; and in case the same
is granted, such order shall prescribe the interlocking or other safety devices
222
§ 247€. COMM'R OF RAILROADS AND TELEGRAPHS. Tit. III, Ch. 7.
for such crossing and all other matters which may be deemed proper to the
efficient protection of such crossing, and in such order the commissioner shall
designate the proportion of the cost of the construction of such plant, and the
expense of maintaining and operating the same, which each of the companies
or persons concerned shall pay, and shall also fix the time within which.
such appliance shall be put in, such time, however, not to exceed ninety days
from the making of such order. [92 v. 315.]
SEC. 247f. [Compulsory interlocking.] In case, however, one railroad
company or an electric railroad company shall hereafter seek to cross at grade
with its track, or tracks, the track, or tracks, of another railroad, the railroad
company, or the electric railroad company, seeking to cross at grade shall be
compelled to provide interlocking or other safety devices put in to the satisfaction
of the said commissioner of railroads to protect such crossing, and to pay all costs
of such appliance, together with the expense of putting them in. The future
maintenance and operation thereof shall be equally apportioned between the two
or more roads by the said commissioner of railroads and telegraphs; provided
this act shall not apply to crossings of side tracks only. [93 v. 334; 92 v. 315.]
A system of interlocking is not hereby required, but only an attaching together of the tracks in such
way as the commissioner prescribes: L. S. & M. S. Ry. v. Cleveland, etc., Ry.: 5 Ñ. P. 83.
SEC. 247g. [Crossing without stopping.] Whenever interlocking or
other safety devices are constructed and maintained in compliance with section
2 or 3 [§§ 247e, 247 ƒ] of this act then and in that case it shall be lawful for the
engines and trains of such railroad or railroads and the cars of such electric
railroad to pass over said crossing without stopping; any law or the provisions
of any law, now in force to the contrary notwithstanding; and all such other
provisions of law contrary thereto are hereby declared not to be applicable in
such case. [92 v. 315.]
SEC. 247h. [Penalty for non-compliance with order.] Any person,
company or corporation refusing or neglecting to comply with any order madé
by the said commissioner of railroads and telegraphs in pursuance of this act
shall forfeit and pay a penalty of five hundred dollars per week for each week
of such refusal and neglect, the same to be recovered in an action of debt in
the name of the state of Ohio, and to be paid, when collected, unto the county
treasurer of any county in which such suit may be tried. [92 v. 315.]
SEC. 248. [Shall examine into alleged violations of law by railroad,
its officers, agents, or employes.] When the commissioner, upon complaint,
or otherwise, has reason to believe that any railroad company, or any officer.
agent, or employe of any railroad company, has violated, or is violating, any
of the laws of the state, he shall examine into the matter. [64 v. 111, § 5;
S. & S. 76.]
SEC. 248a. [Duty of commissioner of railroads as to differences
between citizens and common carriers.] When the commissioner, on com-
plaint or otherwise, has reason to believe that differences have arisen between
citizens of the state and any corporation operating as a common carrier, within
the state, he shall examine into the matter, and shall report his findings to the
general assembly, if in session, otherwise to the governor. [1886, May 18: 83 v.
206.]
SEC. 249. [Office in the state house; may appoint a clerk; powers and
duties of the clerk.] The office of the commissioner shall be in the state
house; and he may appoint a clerk, which appointment must be evidenced by
the certificate of the commissioner: the clerk shall discharge such duties as are
assigned to him by the commissioner, and he may issue subpoenas for witnesses
and administer oaths in all matters pertaining to the duties of the office of
commissioner. [68 v. 55, §3; S. & S. 80.]
SEC. 250. [Commissioner may pass free over all railroads.] The com-
missioner shall have the right of passing, in the performance of his duties, on
223
Tit. III, Ch. 7. COMM'R OF RAILROADS AND TELEGRAPHS. § (250—1}.
all the railroads within the state, and upon all trains, and any part thereof
free of charge. [64 v. 111, §4; S. & S. 76.]
(250-1) [Additional statements, etc., required of railroad and
telegraph companies.] Every railroad company and telegraph company
incorporated or doing business in this state, or which shall hereafter become
incorporated and do business under any general law in this state, shall, in
addition to the reports already required by law, on or before the first day of
September in each year, make and transmit to the commissioner of railroads
and telegraphs a full and true statement under oath of the proper officers of
said corporation, of the affairs of the said corporation as the same existed on
the 30th day of the preceding June. Such statement shall be in the form and
manner as may be prescribed by the said commissioner of railroads and tele-
graphs. The commissioner shall prepare and furnish each railroad company,
or to each organization having one or more railroads in charge, and to each
telegraph company or general manager thereof in the state, blank forms for
making the report required herein, and the said commissioner may at any
time make and propound to such railroad companies any additional interrog-
atories which to him may seem necessary. When any report is defective, or
appears to be erroneous, the said commissioner shall notify the corporation to
amend the same in the matter or matters named and make return of the same
within fifteen days. Every railroad corporation shall, within a reasonable
time after their road shall be constructed, and at any other time when
required by said commissioner, cause to be made a map and profile thereof
and file the same with the commissioner; every such map shall be drawn on
a scale and certified and signed by the president or engineer of such corporation.
Every railroad company and telegraph company shall make out under oath
and file with said commissioner of railroads and telegraphs, on or before the
first day of September of each year, a true list of the names of each and every
stockholder, giving the number of shares owned by such stockholder, together
with his post-office address. [91 v. 154.]
(250-2) [Expense to be borne by railroads.] For the purpose of
maintaining the department of commissioner of railroads and telegraphs, and
expenses incident to the same, and for the purpose of exercising police duties
and supervision of railroads and telegraphs of the state in the interest of
public safety, the annual total expenses of said commissioner of railroads and
telegraphs, including the salary of said commissioner, clerk, inspector,
engineer, experts and additional clerical force, and other expenses incident to
said office and officer, not exceeding the sum of $15,000, shall be borne by the
several corporations owning or operating railroads within this state, according
to their means, to be apportioned by the state board of equalization, who shall,
on or before the first day in each year, assess upon each of said corporations
its just proportion of said expenses in proportion to its gross earnings from
operations for the next year preceding that in which the assessment is made.
Such assessment so made by the state board of equalization shall, forthwith, be
certified to the several railroad companies by the auditor of state, and on or
before the next following first day of August in each year the said railroad
companies shall pay the amount of the assessment so apportioned to them by
the auditor of state, who shall cover the same into the state treasury as a
special fund for the maintenance of the said office of commissioner of railroads
and telegraphs, and expenses incident thereto. [91 v. 154.]
(250-3) [Penalty.] That any railroad company or telegraph com-
pany violating any of the provisions of this act, shall forfeit and pay to
the state of Ohio the sum of $1,000, and $25 per diem for every day that said
company refuses, neglects or fails to comply with the requirements of this act,
which forfeiture and fine shall not release said company from the assessments
herein provided for. [91 v. 154.]
-
224
$251.
COMM'R OF RAILROADS AND TELEGRAPHS. Tit. III, Ch. 7.
SEC. 251. [Annual reports of railroad companies: when to be made:
what to contain; casualties and other information required by the commis
sioner; reason for failure to report any item, to be given.] The president,
or other officer in charge of any railroad, situate in whole or in part within the
state, shall, on or before the first day of September, in each year, make and file
in the office of the commissioner a report, verified by the oath of such officer,
for the year ending on the thirtieth day of June preceding, which report shall
state:
As to Stock and Debt.
1. The amount of capital stock subscribed;
2.
The amount of capital stock paid in;
3. The amount of funded debt;
4. The amount of floating debt;
Total amount of paid in stock and debt:
Cost of Road and Equipment.
5. Cost of right of way;
6. Cost of construction;
7.
Amount of all other items embraced in cost of road;
8. Cost of equipment;
Total cost of road and equipment:
Characteristics of the Road, etc.
9. Length of main line, single track, laid with rail;
Length of branches, single track, laid with rail;
10.
11. Length of double track, main line and branches;
12. Aggregate length of sidings and other tracks, not enumerated above;
Total length of rail computed as single track:
13. The maximum grade, with its length in main road, and also in branches;
14. The shortest radius of curvature, with length of curve in main road,
and also in branches;
15. Total degrees. of curvature in main road, and also in branches;
16. Total length of straight line in main road, and also in branches;
17. Number of wood bridges, and aggregate length;
18. Number of iron bridges, and aggregate length;
19. Number of stone bridges, and aggregate length;
20. The greatest age of wood bridges;
21. Number of wood trestles, and aggregate length;
22.
The greatest age of wood trestle;
23. Number and kind of tunnels, and aggregate length;
24. Length of fence required to inclose road, both sides, and reasons why
not completed;
25. Number of engines;
26. Number of express and baggage cars;
27. Number of passenger cars;
28. Number of freight cars;
29. Number of other cars;
30. The highest rate of speed allowed by express passenger trains;
31. The highest rate of speed allowed by mail and accommodation trains;
32. The highest rate of speed allowed by freight trains;
33. The rate of fare for passengers charged for the respective classes per
mile;
34. The highest rate per ton per mile charged for the transportation of the
various classes of freight, through and local.
225
Tit. III, Ch. 7. COMM'R OF RAILROADS AND TELEGRAPHS.
Doings of the Year.
§ 251a.
35.
Length of new rail laid;
36. Length of re-rolled rail laid;
37. Number and kind of bridges built, and length;
38. Number of miles run by passenger trains;
39. Number of miles run by freight trains;
40. Number and kind of farm animals killed, and amount of damages paid
therefor;
41. Number of passengers (all classes) carried;
42. Number of passengers carried one mile;
43. Number of tons of local freight carried;
44. Number of tons of through freight carried;
45. Total movement of freight, or number of tons carried one mile:
Earnings for the Year.
46. From transportation of passengers;
47. From transportation of freight;
48.
From mail and express service;
49. From all other sources;
Total earnings for the year:
Expenditures for the Year.
50. For construction and new equipment;
51. For maintenance of way and structures;
52. For maintaining and operating motive power and cars;
For transportation expenses, including those of stations and trains;
54. For interest on bonds and other indebtedness;
55. For dividends, stating rate per cent.;
56.
57.
All other expenditures for management of road, and for other purposes;
Total expenditures during the year:
All casualties resulting in injuries to persons, giving the extent and
causes of each, and such other and further information as may be required by
the commissioner; but if any company is unable to furnish such required
information, the reasons of such inability shall be given. [65 v. 183, § 9;
S. & S. 78.]
SEC. 251a. [Requiring railroad companies to pay a fee of one dollar
per mile to commissioner; penalty for neglect.] Passed April 15, 1889
(86 v. 151.).
This act is unconstitutional, see Railway v. State, 49 O. S. 189.
SEC. 252. [The commissioner shall furnish to railroad and telegraph
companies blanks for reports.] The commissioner shall prepare and furnish
to each railroad company, or to each organization having one or more railroads
in charge, and to each telegraph company or chief manager thereof in the state,
or having lines in the state, blank forms for making the reports required by
this chapter, which blanks may be so prepared by the commissioner as to
obtain the information required by the foregoing inquiries more in detail, or
omit such of a historical or permanent character as may have been given in
previous reports. [65 v. 183, §9; S. & S. 80.]
SEC. 253. [Penalty against officer of railroad for failure to report.]
A president or other officer in charge of a railroad, whether doing business or
in course of construction, who refuses or neglects to make and furnish the
report at the time prescribed in section two hundred and fifty-one, or any report
required by the commissioner, shall forfeit and pay a sum not exceeding one
thousand dollars; and he shall be subject to a like penalty for every period of
thirty days thereafter he so refuses or neglects to furnish the same. `[70 v. 158,
§ 10; S. & S. 78.]
16
226
§§ 254–259. COMM'R OF RAILROADS AND TELEGRAPHS. Tit. III, Ch. 7.
SEC. 254. [Annual report by telegraph company: when to be made
and what to contain.] The president or chief officer of every telegraph line
or company, whether the line is doing business or is in process of construction,
shall make a report of the business of such line or company to the commis-
sioner, in such form as he directs, on or before the first day of September, in
each year, for the year ending on the preceding first day of June, which report.
must be verified by the oath of such president or officer in charge; and for
neglect or refusal to make and furnish such report at the time herein named,
the company owning such line shall forfeit and pay any sum not exceeding
five hundred dollars; and the company is subject to a like penalty for every
period of thirty days thereafter such president or chief officer so refuses or
neglects to furnish the same. [70 v. 158, § 11.]
SEC. 255. [Defective or erroneous reports shall be amended in fifteen
days; returns must conform to forms prescribed; reason must be given for
any failure in this respect.] When the returns of any corporation required
to report to the commissioner of railroads and telegraphs are incomplete,
defective, or probably erroneous, the commissioner shall notify such corporation
thereof, and it shall thereupon amend the return in the matter or matters
named, and make return of such amendment within fifteen days; and all
returns shall be in strict accordance with the forms prescribed by the commis-
sioner; but if any corporation finds it impracticable to return all the items in
detail, as required, it shall state the reason why such details can not be given;
but the fact that it does not keep its accounts in such manner as to enable it to
make such returns shall not be considered or taken as a valid excuse; and if
the form for the returns and report furnished by the commissioner makes
necessary any change or alteration in the ordinary method or form of keeping
the accounts of such corporation, he shall give to such corporation at least
thirty days' notice thereof prior to the commencement of the year for which
the changes and additions are necessary in order to make the full returns
required. [70 v. 276, § 1.]
SEC. 256. [Companies operating railroads shall furnish copies of leases
and contracts with other companies doing business thereon. Every cor-
poration or company operating a railroad, or any part of a railroad, within this
state, shall, on demand of the commissioner, furnish him with copies of all
leases, contracts, and agreements with express, sleeping car, freight, or rolling
stock companies, or other companies doing business upon or in connection
with such road; and the commissioner shall have power, personally or by
agent, to examine any officer, agent, or employe of any railroad company, or of
any of said other companies, under oath, relative to the stock which any officer,
agent, or employe of the railroad company has in any of said other companies,
so doing business upon or in connection with such road, and his pecuniary
interest, direct or indirect, in any of said other companies. [70 v. 276, §§ 2, 3.J
SEC. 257. [Fatal accidents shall be notified to commissioner by tele-
graph, and he may examine into the cause of same.] The superintend-
ent of every corporation operating a railroad, or any part of a railroad, in this
state, shall promptly notify by telegraph the commissioner of all accidents hap-
pening on such railroad, or part of a railroad, in this state, resulting in loss of
life to any person or persons; and the commissioner may, personally or by
agent, examine into the cause and character of such accidents. [70 v. 276, § 2.}
SEC. 258. [Commissioner has power to subpoena witnesses, etc.] The
commissioner, in the discharge of his duties, has power to subpoena witnesses,
administer oaths, compel the production of books and papers, and punish for
contempt in the same manner and to the same extent as justices of the peace.
[64 v. 111, §5; 70 v. 276, § 3; S. & S. 76.]
SEC. 259. [Penalty for officer, agent, or employe of railroad to refuse
to answer question.] An officer, agent, or employe of any railroad company
227
:
Tit. III, Ch. 7. COMM'R OF RAILROADS AND TELEGRAPHS. $$260-264.
who refuses to answer any question propounded to him by the commissioner
in the course of any examination authorized by this chapter, shall be fined in
any sum not less than fifty dollars nor more than five hundred dollars; and the
property of the railroad company of which he is an officer, agent or employe, is
liable to be taken in execution to satisfy the fines and costs in such cases. [70 v.
276, § 3.]
SEC. 260. [Statement required to be made by railroad companies.
The secretary of each railroad company, and of each telegraph company, now
doing business, or whose line is in process of construction, or which may be
hereafter organized in the state, shall, within thirty days after the election of
the directors of such company, make out and forward to the commissioner of
railroads and telegraphs a list of the officers and directors of their respective
companies, giving the place of residence and post-office address of each; and
thereafter, if any change occurs in the organization of the officers or board of
directors of the company, shall notify the commissioner of railroads and tele-
graphs of the fact of such change, and the residence and post-office address of
each of the officers and directors. [70 v. 155, § 1.]
SEC. 261. [Penalty for failure to comply.] For a failure to comply with
the provisions of the preceding section, any company so neglecting for thirty
days after the time herein provided, shall be subject to the same penalties as
attach for neglecting or refusing to make the required annual report to the
commissioner of railroads and telegraphs. [70 v. 155, 2.]
SEC. 262. [Prosecutions for fines only to be by civil action, and for
fine and imprisonment by indictment.] All prosecutions against railroad
or telegraph companies, or any officer, agent or employe thereof, for forfeitures,
penalties or fines, without imprisonment, provided for in this chapter, and other
sections of the statutes and laws of Ohio, if not otherwise specifically stated,
shall be by civil action in the name of the state; and all prosecutions for
penalties involving imprisonment shall be by indictment. [90 v. 299; 64 v.
111, §7; 70 v. 276, § 3; S. & S. 77.]
SEC. 263. [Prosecution by civil action: by whom brought.] The civil
action provided for in the next preceding section shall be brought by the pros-
ecuting attorney of the proper county at the instance of said commissioner of
railroads and telegraphs; and in case said commissioner fail to so instruct the
said prosecuting attorney of the proper county, upon the written request of any
taxpayer of the county to commence civil action provided for in the next pre-
ceding section, said prosecuting attorney shall do so, provided he is furnished
with evidence which in his judgment will probably sustain such action, and
if the action fail the costs in such case shall be adjudged against the county,
except in such cases as hereinafter provided; provided, further, that where
cause of civil action, arises, as provided for in the next preceding section,
within the boundary lines of any municipality, in addition to the provisions
already provided for in this section for instituting prosecutions of civil action,
the city solicitor of any municipality shall, when required so to do by resolu-
tion of the council adopted by a majority of the quorum, institute such pro-
ceedings and prosecute them to final judgment. When such action is so
brought by a municipality and fails of final judgment in the supreme court,
the cost thereof shall be adjudged against such municipality, and time for
notice of appeal and giving of bond shall not apply to cases within the meaning
of this act. [90 v. 299; 64 v. 111, § 8; S. & S. 77.]
SEC. 264. [Annual report to be made by the commissioner, and what
to contain.] The commissioner shall make to the governor, on or before the
first day of January, of each year, a report of the affairs and condition of all the
railroad and telegraph companies having lines in this state, and also of acci-
228
$265-267.
ཁ
SUPERINTENDENT OF INSURANCE.
Tit. III, Ch. 8.
dents on railroads resulting in injuries to persons, and the circumstances and
cause thereof; and he shall include in his report such other information and
such suggestions and recommendations as, in his opinion, are of importance to
the state. [74 v. 33, § 12; (S. & S. 80).]
SEC. 265. [Moneys collected shall be paid into the state treasury;
fees of prosecuting attorneys.] All moneys arising from suits in the name
of the state, or prosecutions against railroad companies or against any of their
officers, or employes, for violation of any of the provisions of law relating to
railroads, shall be paid into the state treasury; but prosecuting attorneys shall,
for any moneys collected therein by them, be allowed ten per centum thereof
for their services. [64 v. 111, § 7; S. & S. 77.]
CHAPTER 8.
SECTION
Bond.
266. Appointment, term, and who ineligible.
267.
SUPERINTENDENT OF INSURANCE.
SECTION
277. Proceedings against unsound foreign com-
panies.
268. Shall enforce all laws on insurance.
278.
Records and annual report.
269. Deputy superintendent, compensation, oath,
bond, etc.
279.
280.
270.
Insurance department: expenditures, salaries; office
and fees of superintendent.
Annual valuations, rate of interest, etc.; exception.
Shall furnish blanks for statements by com-
panies.
281.
271. His certificates, assignments, and conveyances,
and copies from his office.
282.
Securities shall be deposited with state treasurer.
Fees to be paid by companies.
283.
Licenses required of agents.
272.
Examinations of companies doing business in
the state.
284.
Annual publication by companies.
285.
273. Power of examiners.
286.
274
Proceedings against unsound life or joint stock
companies.
How agents of foreign companies appointed.
How life company may discontinue business.
286a. Discontinuance and withdrawal of securities
by companies other than life.
275. Proceedings on default of such companies to
comply with requisitions.
287.
Companies organized under federal laws made
subject to this chapter.
276. Proceedings against unsound mutual com-
panies.
288.
Penalty for violation of statutory provisions
relating to insurance companies.
289.
Insurance business unlawful except under this
chapter.
Annual statement to, by insurance companies, see ?3654.
Deposit with, by surety companies, see ?3641; by foreign insurance companies, see
336416; by title guaranty companies, see 23641d.
Insuring by agency outside state illegal; revocation of license for; inspection of com-
pany and fees, see 2745a to 2745d.
Revocation of license by, for inserting illegal condition in policy, see 23643a.
Revocation of license of life company for discrimination or rebate or inducement or
contract outside of policy, see 2 (3631-7).
Duty under act "To provide for the incorporation and regulation of corporations, etc.,
transacting the business of life insurance on the stipulated premium plan;" deposit of
securities with, etc., 93 v. 343, ? (3631—24) et seq.
Employment of counsel, see ? 202.
SEC. 266. [Appointment and term; who ineligible.] The superintend-
ent of insurance shall be appointed by the governor, by and with the advice.
and consent of the senate, and hold his office for three years; and no person
shall be appointed who is not an elector of this state, or who has any official
connection with an insurance company, owns any stock in such company, or
is interested in the business thereof, except as a policy holder. [69 v. 32, §2.]
For an act to authorize insurance companies to reinsure their risks" (81 v. 179), see
§ (3691-13).
SEC. 267. [Bond to be given, and, with oath of office indorsed thereon,
to be filed with the secretary of state.] Before entering upon the discharge
of his duties, the superintendent shall give bond to the state in the sum of
229
Tit. III. Ch. 8.
SUPERINTENDENT OF INSURANCE.
S$ 268-271.
twenty thousand dollars, with not less than two sureties, to be approved by the
governor, conditioned for the faithful discharge of his duties; and the bond,
with his oath of office and the approval of the governor indorsed thereon, shall
be filed with the secretary of state. [69 v. 32, § 3.]
SEC. 268. [Duty of superintendent to enforce insurance laws.] The
superintendent shall see to the execution and enforcement of all laws relating
to insurance. [69 v. 32, § 3.]
See 26 of "an act to provide for the incorporation and regulation of companies for
insuring their members against loss from death of domestic animals" (86 v. 377, 379),
2 (3691-6).
See State ex rel. v. Moore, 42 O. S. 103-106.
SEC. 269. [He may appoint a deputy superintendent to take oath
and give bond, and may discharge duties of superintendent; compensation;
clerks and experts.] The superintendent may appoint a deputy superintend-
ent having the same qualifications as the superintendent, whose appointment
may be evidenced by a certificate under the official seal of the superintendent.
Before entering upon the discharge of his duties, the deputy superintendent
shall take the oath of office, and give bond in the sum of ten thousand dollars
to the superintendent, with two or more sureties to the acceptance of the su-
perintendent, conditioned for the faithful performance of his official duties.
In case of the absence or inability of the superintendent, the deputy superin-
tendent shall have the powers and perform the duties of the superintendent.
The deputy superintendent shall receive a salary of eighteen hundred dollars
per annum, and in addition, as compensation for his services for making out
and forwarding annually, semi-annually, and quarterly, the interest checks and
coupons accruing upon the bonds and securities deposited by foreign insurance
companies, may annually charge and collect from such foreign insurance con-
panies fees not exceeding twenty-five dollars on each one hundred thousand
dollars of bonds required to be deposited by such companies. Provided, how-
ever, that the amount of such fees so retained shall not exceed in any one year
more than six hundred dollars, the balance, if any, to be turned into the state
treasury. The superintendent may employ from time to time such other clerks
as the prompt dispatch of business requires; and he may also, from time to time,
employ skilled and competent persons to examine the business and affairs of
insurance companies and report thereon. [93 v. 292; 69 v. 32, § 4.]
See State ex rel. v. Moore, 42 O. S. 103–106.
SEC. 270. [Insurance department: expenditures, salaries; office and
fees of superintendent.] The office of the superintendent shall be in the
state house, and all salaries and expenditures of the insurance department
shall be paid on the certificate of the superintendent; but no money shall be
paid out of the state treasury in excess of the amount collected from insurance
companies, as provided by law; and provided also, that, in case the excess of
fees collected and paid into the state treasury, as provided by section two hun-
dred and eighty-two, Revised Statutes of Ohio, over the total salaries and
expenditures of said insurance department, shall equal the sum of fifteen thou-
sand dollars, the said superintendent of insurance shall receive, out of said.
excess of fees, a sum not exceeding ten per centum on such excess; provided,
that said superintendent shall not receive in such fees exceeding the sum of
one thousand dollars, per centum in addition to his salary, as now provided
by law. [1885, May 1: 82 v. 202; Rev. Stat. 1880; 69 v. 32, § 4.]
SEC. 271. [Instruments under superintendent's seal to be evidence,
and entitled to record.] Any certificate, assignment, or conveyance, executed
by the superintendent in pursuance of law, and sealed with his seal of office,
shall be received as evidence, and may be recorded in the proper recording
office in the same manner and with like effect as a deed regularly acknowl-
edged before an officer authorized by law to take acknowledgments of deeds;
8
230
S$ 272-274.
SUPERINTENDENT OF INSURANCE.
Tit. III, Ch. 8.
and all copies of papers in the office of the superintendent, certified by him.
and authenticated by the seal, shall in all cases be evidence equally and in like
manner as the originals. [69 v. 32, § 5.]
SEC. 272. [Examinations of companies doing business in the state.]
The superintendent, when he has reason to suspect the correctness of any
statement of an insurance company doing business in the state, whether incor-
'porated in this state or not, or that its affairs are in an unsound condition, shall
inake, or cause to be made by some person by him for that purpose appointed,
an examination into the affairs of such company; and such company, its
officers and agents, shall submit their books and business to such examination,
and in every way facilitate the same, and he shall, annually, make or cause to
be made, an examination of the assets of every life insurance company organ-
ized under the laws of this state, and ascertain if the same are invested in the
manner prescribed by law at the date each investment was made, and also if
the last preceding annual statement of assets and unpaid death claims was
correct; and the expense of all examinations shall be charged to and collected
of the companies examined, respectively, except that the actual expenses
incurred by said examination of a life insurance company organized under the
laws of this state shall be paid out of the fees paid by the insurance companies
to the insurance department. [75 v. 576, § 7; 69 v. 32, § 12.]
If it shall at any time appear to the superintendent of insurance, upon satisfactory evidence, that an
insurance company not organized under the laws of this state, but transacting business within it, is in an
"unsound condition," it is his duty to revoke the authority granted to such company (277), and from his
decision there is no appeal: State ex rel. Insurance Co. v. Moore, 42 O. S. 103.
Companies chartered before the present constitution are amenable to this section: State ex rel. v. Eagle
Ins. Co. 50 0. S. 252, 269; aff'd. 153 U. S. 446.
SEC. 273. [Power of examiners; may publish result.] For the pur-
poses of such examination, the superintendent, or the person or persons so
appointed by him, have power to administer oaths to and examine the officers
and agents of such company relating to its business and affairs; and when the
superintendent deems it to the interest of the public, he may publish the result
of such investigation in a newspaper printed in Columbus, and of general cir-
culation in the state, and in one printed in the county where the principal.
office of such company is located. [69 v. 32, § 8.]
SEC. 274. [Proceedings against unsound companies.] When it appears
to the superintendent, from examination, or otherwise, that the assets of any
life insurance company, organized under the laws of the state, are insufficient
to reinsure its outstanding risks, as provided by this chapter, or that the assets
of any joint stock insurance company other than life, organized under the laws.
of this state, after deducting therefrom all actual liabilities and a reinsurance
fund equal to fifty per cent. of the whole amount of premiums on all unex-
pired risks and policies, are reduced twenty per cent. or more below the capital
stock required by law, he shall require the officers thereof to direct the stock-
holders to pay in the amount of such deficiency, within such period as he desig-
nates in such requisition; and after the superintendent issues his requisition
calling for a sum to be paid by the stockholders of any company, amounting
to or exceeding forty per cent. of the capital, it is unlawful for the company to
issue any new policies or transact any new business until the superintendent
of insurance issues to such company a license, authorizing it to resume busi-
ness, or until the court has rendered its decision in the case, as herein provided;
but in case the requisition calls for a less amount than forty per cent. of the capi-
tal, and the officers of the company, in accordance with the requisition, direct
the stockholders to pay the amount required for making up the capital, and so
signify to the superintendent, then it will be lawful for the company to con-
tinue business as before the issuing of the requisition, for the term of thirty
days from the date thereof; and, if at the expiration of the thirty days, any
portion of the requisition of the superintendent remains unpaid, the company
il
231
Tit. III, Ch. 8.
SUPERINTENDENT OF INSURANCE.
§§ 275-278.
shall not issue any new policies, or transact any new business until authorized:
by the superintendent as aforesaid. [70 v. 165, § 9.]
In making its return for taxation, an insurance company is not entitled to deduct from its "claims and
demands" a sum equal to fifty per cent. of all premiums on unexpired policies, and designated as "reinsur-
ance fund" in 274, and as unearned premiums " in 3 3648, of the Revised Statutes: Insurance Co. v. Cappeller,
38 O. S. 567, 568.
A stockholder who has failed to pay an assessment made in pursuance of this section, is not entitled to
subsequent dividends until he has paid the assessment. The company may credit such dividends against the
unpaid assessment: Rhodes v. Equitable Accident Ins. Co., 3 C. C. 501.
SEC. 275. [Procedure in case of default to comply with requisition.]
In case of default on the part of the company to comply with such requisition,
the superintendent shall communicate the fact to the attorney-general, who
shall apply to the court of common pleas of the county in which the principal
office of the company is located for an order requiring such company to show
cause why the business thereof should not be closed, and shall give to the com-
pany such notice of the pending of such application as the court directs, and
the court shall thereupon proceed to hear the allegations and proof of the
respective parties; or, the court shall have power to refer the application of the
attorney-general to a referee, to inquire into and report upon the facts stated
therein: In case it appears to the satisfaction of the court that the assets of the'
company are not sufficient, as aforesaid, or that the interests of the public so
require, the court shall decree a dissolution of the company and a distribution,
of its effects; and any transfer of the stock of a company made during the
pendency of such investigation shall not release the party making the transfer
from his liability for losses which have occurred previous to the transfer. [70 v.
165, § 10.]
SEC. 276. [In relation to unsound mutual insurance companies.] If,
upon examination, it appears to the superintendent that the assets of any com-
pany organized on the plan of mutual insurance, after deducting therefrom all
actual liabilities and a reinsurance fund equal to fifty per cent. of the advanced
cash premiums received on all unexpired risks and policies, are insufficient to
justify the continuance of such company in business, he shall proceed, in rela-
tion to such company, in the same manner as is herein required in regard to
joint stock companies; and the trustees or directors of such company are hereby
made personally liable for any losses which are sustained upon risks taken after
the superintendent of insurance has issued his requisition for filling up the defi-
ciency in the assets, and before such deficiency is made up; but nothing herein.
shall be so construed as to require any mutual fire insurance company to keep
on hand any cash reinsurance reserve or funds invested in securities, other than
their premium notes, when the premium notes amount in gross to three per
centum of the amount at risk by the company. [70 v. 165, § 11.]
SEC. 277. [Revocation of authority to such companies.] When it
appears to the superintendent of insurance, from the report of the person
appointed by him, or other satisfactory evidence, that the affairs of any com-
pany, partnership, or association, not organized under the laws of this state,
are in an unsound condition, he shall revoke the authority granted to such
company to do business in this state, and cause a notice thereof to be pub-
lished in at least one newspaper published in the city of Columbus, and in
the county where the general agency is located within this state; and after the
publication of such notice, it is unlawful for the agents of such company to
procure any new applications for insurance or to issue any new policies. [69 v.
32, § 12.]
See State ex rel. ". Moore, 42 O. S. 103-106.
SEC. 278. [Record of proceedings and report thereof.] The superin-
tendent shall keep and preserve, in a permanent form, a full record of his pro-
ceedings, including a concise statement of the condition of each company
reported, visited, or examined by him; and he shall, annually, at the earliest
232
§§ 279–281.
SUPERINTENDENT OF INSURANCE.
Tit. III, Ch. 8.
practicable date after the returns are received from the several companies,
make a report to the legislature of the general conduct and condition of the
insurance companies doing business in this state, with such suggestions as he
deems expedient, including also the information contained in the statements
required of the companies, and the result of the official valuations of life poli-
cies, to be arranged in tabular form, and prepare the same for printing in two
separate reports, one pertaining to life insurance companies, and the other to
all insurance companies other than life; and he shall also report the names
and compensation of the clerks employed by him, the whole amount of
income, the source whence derived, and the expenses in detail, during the year
ending on the thirty-first day of the preceding December. [69 v. 32, § 13.]
SEC. 279. [Annual valuations, rate of interest, etc.; exception.] The
superintendent shall, annually, make or cause to be made, net valuations of
all outstanding policies, additions thereto, unpaid dividends, and all other
obligations of every life insurance company transacting business in this
state; and for the purpose of such valuations, and for making special exam-
inations of the condition of life insurance companies, as provided in the
laws of this state relating to life insurance companies, and for valuing all poli-
cies of whatever description, and for any purpose whatever, the rate of interest
shall be four per cent. per annum, and the rate of mortality shall be established
by the tables known as the American experience tables, but when the laws of
any other state of the United States authorize a valuation of life insurance poli-
cies, by some designated state officer, according to the standard herein pro-
vided, or according to any other standard which makes the value of the policy
not less than that of the standard herein provided, the valuation made accord-
ing to the said standard, by such officer of the policies and other obligations of
any life insurance company not organized under the laws of this state, and
certified by said officer, may be received as true and correct, and no further
valuation of the same shall be required of such company by the superintendent
of insurance, except that in no case shall the superintendent of insurance accept
the certificate of valuation of such officer of another state of the United States,
when such officer does not accept, or refuses or fails to accept a like certificate
from him of the valuation of the policies of any life insurance company incor-
porated under the laws of Ohio, or when any such officer of another state is
prohibited by law from accepting the certificate of valuation of the superin-
tendent of insurance of this state, the said superintendent shall forth with
require the officers of all companies located in such state to submit to him,
within a reasonable time, the descriptions of the policies thereof for valuation,
and he shall proceed to make, or cause to be made, a valuation thereof according
to the standard herein named, and in case said descriptions are not submitted
to the said superintendent within the time fixed by him, he shall revoke the
license of such company or companies as shall fail to do so, and shall refuse to
renew the same, until such descriptions shall be submitted and a valuation by
him shall have been completed. [1889, February 7: 86 v. 11; Rev. Stat. 1880;
75 v. 580, § 14.]
See ?2745 as to further duties of superintendent regarding foreign insurance companies.
See note to State ex rel. v. Reinmund, 45 O. S. 214, under ? 282.
SEC. 280. [Forms of statements to be furnished.] The superintendent.
shall, annually, in September, furnish to the insurance companies doing busi-
ness in this state, two or more printed copies of the forms of statements
required by this chapter to be made by them, and he may make such changes,
from time to time, in the form of the same, and such additions thereto, as
seems to him best adapted to elicit from the companies a true exhibit of their
condition. [69 v. 32, § 15.]
SEC. 281. [Securities shall be deposited in the state treasury.] All
securities deposited with the superintendent of insurance, pursuant to the pro-
233
Tit. III, Ch. 8.
SUPERINTENDENT OF INSURANCE.
§§ 282-284.
visions of any law of the state shall be deposited by him with the treasurer of
state, who, with his sureties, shall be responsible for the safe keeping thereof;
and the treasurer shall only deliver such securities or coupons attached thereto
upon the written order of the superintendent of insurance. [70 v. 165, § 16.]
See ? 3631a.
SEC. 282. [Fees shall be paid by companies.] There shall be paid by
every insurance company doing business in this state, to the superintendent of
insurance, the following fees: For filing copy of its charter or deed of settle-
ment, twenty-five dollars; for filing each statement, twenty dollars; for each
certificate of authority, or license and certified copy thereof, two dollars; for
each copy
of a paper filed in his office, the sum of twenty cents per folio; and
for affixing the seal of office and certifying any paper, one dollar; all of which
fees shall be paid by the superintendent into the state treasury. There shall
also be paid by every life insurance company doing business in this state,
annually, by way of compensation for the valuation of its policies, in case no
certified valuation of the same has been furnished to the superintendent of
insurance, as provided in section 279 of this chapter, one cent on every one
thousand dollars insured by it on lives, which, less the actual cost of making
such valuations, shall be paid by the superintendent of insurance into the state
treasury. When by the laws of any other state or nation, any taxes, fines,
penalties, license fees, deposits of money, or of securities, or other obligations
or prohibitions are imposed on insurance companies of this state, doing busi-
ness in such state or nation, or upon their agents therein, so long as such laws
continue in force, the same obligations and prohibitions, of whatever kind,
shall be imposed upon all insurance companies of such other state or nation,
doing business within this state, and upon their agents here. [89 v. 167; 88
v. 196; 69 v. 32, § 17.]
See 23631a.
As to when the last clause of this section is operative, see note to State ex rel. v. Reinmund, 45 O. 8. 214,
under ? 2745.
The compensation for the valuation of policies, provided for in this section, can not be exacted when the
foreign company has furnished the certificate provided for in § 279, notwithstanding such company has paid
a like charge in former years: Ib.
This section is retaliatory and therefore to be confined to cases fairly within it: State ex rel. v. Ins. Co.,
49 O. 8. 440.
SEC. 283. [License, etc., of persons making application for insurance.]
It shall be unlawful for any person, company, or corporation in this state,
either to procure, receive, or forward applications for insurance in any company
or companies not organized under the laws of this state, or in any manner to
aid in the transaction of the business of insurance with any such company,
unless duly authorized by such company and licensed by the superintendent
of insurance, in conformity to the provisions of this chapter. [69 v. 32, § 18.]
SEC. 284. [Annual publication of certificate required.] Every insur-
ance company doing business in this state shall publish, at least once a year,
in some newspaper of general circulation, in every county where such company
has an agent, a certificate from the superintendent of insurance that such com-
pany has, in all respects, complied with the laws of the state relating to
insurance; and the certificate shall also contain a statement, under the oath of
the president or secretary of such insurance company, of the actual amount of
paid-up capital, the aggregate amount of assets and liabilities, together with
the aggregate income and expenditures of such company for the year preced-
ing the date of such certificate; a copy of which certificate shall be filed in the
office of the recorder in each county in which the company has an agent, and
for every such paper the recorder shall receive the sum of ten cents. No other
publication than as herein provided for is required of such companies. [69 v.
32. §§ 19, 21; S. & S. 227).]
3
234
S$ 285-287.
SUPERINTENDENT OF INSURANCE.
Tit. III, Ch. 8.
SEC. 285. [Foreign insurance companies may appoint agents, etc.]
Any insurance company not organized under the laws of this state may
appoint one or more general agents in this state, by resolution of its board of
directors or managers, with authority to appoint other agents of the company
in this state, a certified copy of which resolution shall be filed with the super-
intendent of insurance; and agents of such company, appointed by such
general agent, shall be held to be the agents of such company as fully, to all
intents and purposes, as if they were appointed directly by the company; and
agents for any such company in this state may be appointed by the president,
vice-president, chief manager, or secretary thereof, in writing, with or without
the seal of the company, and when so appointed shall be held to be the agents
of such company as fully as if appointed by the board of directors or managers
in the most formal mode. [69 v. 32, § 20.]
SEC. 286. [Discontinuance of business by life insurance company.]
When any life insurance company, transacting the business of insurance
within the state of Ohio, desires to discontinue its business, the superintendent
shall, upon application of such company, or association, give notice of such
intention in a paper published and having general circulation in the county
in which such company or its general agency is located, at least once a week for
six weeks, the expenses of publication to be paid by the company. After such
publication, the superintendent shall deliver up to such company, or associa-
tion, the securities held by him belonging to it, on being satisfied by the
exhibition of the books and papers of such company, or association, and on
examination to be made by himself, or some competent disinterested person or
persons, to be appointed by him, and upon the oath of the president or principal
officer, and the secretary or actuary of the same, that all debts and liabilities of
every kind are paid and extinguished, that are due, or may become due, upon
any contract or agreement made with any citizen or resident of the United
States; and the superintendent may also, from time to time, deliver up to such
company, or association, or its assigns, any portion of said securities, on being
satisfied that an equal proportion of the debts and liabilities, of every kind,
that are due, or may become due, upon any contract or agreement made with
any citizen or resident of the United States, by said company, or association,
has been satisfied; but the amount of securities retained by him shall not be
less than twice the amount of remaining liabilities. [69 v. 32, § 22.]
SEC. 286a. [Discontinuance and withdrawal of securities by com-
pany other than life.] When any insurance company or corporation other
than life, which has made, or hereafter shall make, a deposit with the superin-
tendent of insurance, intends to discontinue its business in Ohio, the superin-
tendent shall, upon application of such company or corporation, give notice of
such intention in three newspapers of general circulation in the state at least
once a week for six weeks, the expense of such publication to be paid by the
company. After such publication, and on being satisfied by the affidavit of the
principal officers of the company and by an examination of the books and
records of the company or corporation to be made by him or some competent.
disinterested person or persons by him appointed for that purpose, if such
examination be by him deemed necessary, that all debts and liabilities of every
kind that the deposit is made to secure, or that may become due on any policy
issued to any resident or citizen of the state of Ohio, are fully paid off, satisfied
and discharged, the superintendent shall deliver up to such company or cor-
poration or its assigns the securities held by him belonging to it. [90 v. 103.]
SEC. 287. [Applicable to companies under laws of the United States.]
All the provisions of this chapter relating to insurance companies organized
under the laws of any other state of the United States shall apply to any
company organized under the laws of the United States, for any of the purposes
specified in this chapter; and all the provisions of this chapter relating to
235
Tit. III, Ch. 9.
INSPECTOR OF MINES.
§§ 288-290.
agents of companies organized under the laws of any state shall apply to the
agents of such companies organized under the laws of the United States; and
any violation of the provisions of this chapter by any person, or agent, in the
employment of any such company, organized under the laws of the United
States, shall subject the offender to the same penalties provided by this chapter
for any violation of its provisions by persons acting for similar companies
organized under the laws of any other state of the United States. [69 v. 32, § 23.]
SEC. 288. [Penalty for violation of statutory provisions relating to
nsurance companies.] Any person who violates any of the provisions of this
chapter, or of any insurance law of this state for the violation of which no
penalty is elsewhere provided, shall be fined not more than one thousand dollars
or imprisoned not more than six months, or both. Any corporation, company
or association violating any of the provisions of this chapter, or of any insurance
law of this state for the violation of which no penalty is elsewhere provided,
shall be liable to a penalty of not more than one thousand dollars nor less than
one hundred dollars, to be recovered by action in the name of the state, and on
collection paid to the superintendent of insurance to be covered by him into
the state treasury. [91 v. 331; 82 v. 138, Revised Statutes 1880; 69 v. 32, § 24.]
Cited State ex rel. v. Ackerman, 51 O. S. 163, 193.
SEC. 289. [Insurance business unlawful except under provisions of
this chapter.] The provisions of this chapter shall apply to individuals and
parties, and to all companies and associations, whether incorporated or not,
now or hereafter engaged in the business of insurance; and it is unlawful for
any company, corporation, or association, whether organized in this state or
elsewhere, either directly or indirectly, to engage in the business of insurance,
or to enter into any contracts substantially amounting to insurance, or in any
manner to aid therein, in this state, without first having complied with all the
provisions of this chapter. [69 v. 32, § 25.]
CHAPTER 9.
SECTION
INSPECTOR OF MINES.
290. Appointment of chief and district inspectors; who
eligible.
290a. Additional district inspectors.
291. Boud and oath.
292.
Their powers and duties.
293.
294.
Districts: how made and changed; rules for dis-
trict inspectors; power of chief over district
inspectors; their powers as sealers of weights and
measures; special duties of chief inspector; his
reports; mining operators to make certain reports
to him; penalty for their failure to make`such
reports; matters to be included in report of chief
inspector.
Maps, plans of mines, etc., shall be kept in offices;
salaries.
295. Instruments, etc., to be furnished inspectors.
295a. Unlawful to screen coal before weighing.
295b. Provisions apply to “loaders.'
295c. Penalty.
}}
296. Owner of a mine shall furnish a map of his
mine, etc.; penalty for refusing.
297. Outlets required.
298.
Ventilation.
Employment of counsel, see ? 202.
SECTION
299. Safety apparatus and precautions; boilers.
300. Who may have charge of engines.
301. Lighting and ventilation; notice of accidents:
duty of inspectors; penalty; other notices t
be given chief inspector of mines.
Employment of minors; record of same;
spection of record.
302.
303.
304.
Action for non-compliance with statutes
Board for trial of inspector; its proceedings.
305. Right of access to and examination of mines.
306. Oil permitted for illumination.
306-2.
306-3.
306-4.
306a. Penalties; jurisdiction; disposition of fines.
306-1. Maps of coal, gas and oil lauds required to
to be made; marking of wells; copy to be
filed with mine inspector.
[tions.
Maps to be made before beginning opera-
Casing and sealing of well drilled in "coal
lands, etc.
Sealing of well on abandonment.
306-5.
Notice of abandonment of well given chief
inspector of mines; well to be plugged;
penalty.
306-6. Penalty for non-compliance, etc.
SEC. 290. [Appointment of chief and district inspectors; who eligi-
ble.] For the purpose of facilitating an efficient and thorough inspection of
mines in Ohio, and to provide an adequate inspecting force therefor; the gov-
236
$$ 290-292.
INSPECTOR OF MINES.
Tit. III, Ch. 9.
ernor shall appoint, by and with the consent of the senate, one chief inspector,
who, with the approval of the governor, shall appoint five district inspectors of
mines; the chief inspector shall hold his office for the term of four years, and
the district inspectors shall hold their office for the term of three years, from
the date of their appointment, and until their successors are appointed and
qualified; the first appointments hereunder shall be made within thirty days
from the date when this act shall take effect; and in case of the resignation,
removal, or death of the chief inspector, or any district inspector, the vacancy
shall be filled in the manner above provided for original appointments for the
unexpired term only, of the position so made vacant. No person shall be
appointed chief inspector of mines unless he is possessed of a competent knowl-
edge of chemistry, the geology of Ohio, and mineralogy, in so far as those
sciences relate to mining, and has a practical knowledge of mining engineer-
ing, and the different systems of working and ventilating mines, and the
nature and properties of the noxious and poisonous gases of mines, particu-
larly fire-damp, and of the best means of preventing and removing the same;
and no person shall be appointed district inspector of mines unless he be a
practical miner of at least five years' experience, and a resident of the district.
for which he is appointed, for at least two years, and is possessed of a practical
knowledge of the best mode of working and ventilating mines, of the means of
detecting the presence of bad or foul air, noxious and poisonous gases, and of the
best means of preventing and removing the same. [1888, March 24: 85 v.
106; 81 v. 153; Rev. Stat. 1880; 71 v. 21, §§ 1, 5.]
SEC. 290a. [Additional district inspectors.] That authority be and is
hereby given to appoint two additional district inspectors of mines; and they
shall be appointed in the same manner and possess the same qualifications and
receive the same compensation as the five district inspectors of mines author-
ized by said Sec. 290. The term of office of the two district inspectors of mines
herein provided for shall be three years and they shall take an oath and give
bond as provided in Sec. 291 of the Revised Statutes of Ohio, and shall be
subject to the regulations and requirements of the district inspectors authorized
in said Sec. 290 as provided in chapter nine of the Revised Statutes of Ohio.
The chief inspector of mines shall assign said additional inspectors for service.
in districts to be designated by him and he is authorized to divide the state
in seven districts in each of which one of the district inspectors of mines shall
reside. [89 v. 377.]
Office of assistant mine inspector created, 78 v. 137; repealed, 81 v. 153, 157.
SEC. 291. [Bond and oath.] Before entering upon the discharge of the
duties of their respective offices, the chief inspector and district inspectors shall
give bond to the state, the former in the sum of five thousand dollars, and the
latter in the sum of two thousand dollars each, to be approved by the governor,
conditioned for the faithful performance of their duties respectively; said
bonds, with an oath of office on each, and approval of the governor indorsed
thereon, shall be forthwith deposited with the secretary of state; the inspect-
ors, while in office, shall not act as agent, manager, or mining engineer for
[1884,
any operator, or in any way be interested in operating any mine.
April 12: 81 v. 153, 154; Rev. Stat. 1880; 71 v. 21, § 1.]
SEC. 292. [Their powers and duties.] The chief inspector and district
inspectors shall give their whole time and attention to the duties of their
offices, respectively; it shall be the duty of the district inspectors to examine
all the mines in their respective districts as often as possible, to see that all the
provisions and requirements of this chapter are strictly observed and carried
out; they shall particularly examine the works and machinery belonging to
any mine, examine into the state and condition of the mines as to ventilation,
circulation and condition of air, drainage and general security; they shall make
237
Tit. III, Ch. 9.
INSPECTOR OF MINES.
$293.
a record of all examinations of mines in their respective districts, showing the
date when made, the condition in which the mines are found, the extent to
which the laws relating to mines and mining are observed or violated, the prog-
ress made in the improvement and security of life and health sought to be
secured by the provisions of this chapter, number of accidents, injuries received,
or deaths in or about the mines, the number of mines in their respective dis-
tricts, the number of persons employed in or about each mine, together with
all such other facts and information of public interest concerning the condition
f mines, development and progress of mining in their respective districts as
they may think useful and proper, which record shall, on or before the first
Monday of every month, be filed in the office of the chief inspector, to be by
him recorded, and so much thereof as may be of public interest, to be included
in his annual report; in case of any controversy or disagreement between a
district inspector and the owner and [or] operator of any mine, or the persons
working therein, or in case of conditions of emergencies requiring counsel, the
district inspector may call on the chief inspector for such assistance and counsel
as may be necessary; should the district inspector find any of the provisions
of this chapter violated, or not complied with, by any owner, lessee, or agent
in charge of any mine, he shall immediately notify such owner, lessee, or agent
in charge, of such neglect or violation, and unless the same is, within a reason-
able time, rectified, and the provisions of this chapter fully complied with, he
shall institute a prosecution under the provisions of section six thousand eight
hundred and seventy-one (6871) of the Revised Statutes. The inspectors shall
exercise a sound discretion in the enforcement of the provisions of this act, and
if in any respect (which is not provided against by, or may result from a rigid
enforcement of any express provisions of this chapter), the inspector find any
matter, thing or practice in or connected with any such mine, to be dangerous
or defective, so as in his opinion to threaten or tend to the bodily injury of
any person, the inspector may give notice in writing thereof to the owner, agent
or manager of the mine, and shall state in such notice the particulars in which
he considers such mine, or any part thereof, or any matter, thing of [or]
practice to be dangerous or defective, and require the same to be remedied. For
the purpose of making the inspection and examinations provided for in this
section, the chief inspector and the district inspectors shall have the right to
enter any mine at all reasonable times, by night or by day, but in such manner
as shall not unnecessarily obstruct the working of the mine; and the owner or
agent of such mine is hereby required to furnish the means necessary for such
entry and inspection; the inspection and examination herein provided for
shall extend to fire-clay, iron ore, and other mines, as well as coal mines.
[1888, March 24: 85 v. 106; 81 v. 153, 154; Rev. Stat. 1880; 71 v. 21, § 2.]
SEC. 293. [Districts: how made and changed; rules for district
inspectors; power of chief over district inspectors; their powers as seal-
ers of weights and measures; special duties of chief inspector; his reports;
mining operators to make certain reports to him; penalty for their fail-
ure to make such reports; matters to be included in report of chief in-
spector.] The chief inspector shall designate the counties or portions thereof
in the state which shall compose the different districts, and may at any time
change the same, when in his judgment the best interests of the service may
require, and shall issue such instructions, make such rules and regulations for
the government of the district inspectors, not inconsistent with the powers
and duties vested in them by law, as shall secure uniformity of action and
proceedings throughout the different districts; and he may order one district.
inspector to the assistance of any other district inspector, or make temporary
transfers of district inspectors, when, in his judgment, the efficiency or neces-
sity of the service demands or permits; and he may, with the consent of the
governor, remove any district inspector at pleasure; the district inspectors are
hereby invested with all the powers and authority of county auditors, as seal-
238
$294.
INSPECTOR OF MINES.
Tit. III, Ch. 9.
ers of weights and measures in the different counties of this state, and for any
services performed as such sealers they shall receive the same compensation
as now provided by section ten hundred and sixty-two of the Revised Statutes;
but said inspectors shall exercise said authority in connection with weights
and measures only at mines in their respective districts; the chief inspector
shall render such personal assistance to the district inspectors as they, from
time to time, may require, and shall make such personal inspection of the
mines as he may deem necessary and his other duties will permit; he shall
keep in his office and carefully preserve all maps, surveys and other reports
and papers required by law to be filed with him, and so arrange and preserve
the same as shall make them a permanent record of ready, convenient and con-
nected reference; he shall compile and consolidate the reports of district
inspectors, and annually make report to the governor of all his proceedings. aa
well as those of the district inspectors, the condition and operation of the dif-
ferent mines of the state, and the number of mines and the number of per-
sons employed in or about such mines, the amount of coal, iron ore, limestone,
fire-clay, or other mineral mined in this state; and for the purpose of enabling
him to make such report, the owner, lessee, or agent in charge of such mine,
who is engaged in mining, and the owner, lessee or agent of any firm, com-
pany or corporation in charge of any fire-clay, or iron ore mined [mine] or
any limestone, or quarry, or who is engaged in mining or producing any min-
eral whatsoever in this state, shall, on or before the 31st day of January in
every year, send to the office of the chief inspector of mines, upon blanks fur-
nished by him, a correct return specifying with respect to the year ending on
the preceding 31st day of December, the quantity of coal, iron ore, fire-clay,
limestone, or other mineral product in such mine, or quarry, and the number
of persons ordinarily employed in or about such mine, or quarry, below and
above ground, distinguishing the persons and labor below ground and above
ground. Every owner, lessee or agent of a mine or quarry who fails to comply
with this section, or makes any return which to his knowledge is false in any
particular, shall be deemed guilty of an offense against this section, and shall
be fined one hundred dollars, to be recovered at the suit of the chief inspector
in the name of the state of Ohio; he shall also include in such report such
facts relative to the mineral resources of the state, and the development of the
same, as shall, in his judgment, be of public interest; he shall enumerate all
accidents, and the manner in which they occurred, in or about the mines, and
give all such other information as he thinks useful and proper, and make
such suggestions as he deems important relative to mines and mining, and any
other legislation that may be necessary on the subject for the better preserva-
tion of the life and health of those engaged in such industry. [1888, March
24: 85 v. 106, 107; 82 v. 204; 81 v. 153, 155; Rev. Stat. 1880; 71 v. 21, §3.]
SEC. 294. [Maps, plans of mines, etc., shall be kept in offices; salaries.]
The chief inspector shall have an office in the state house, in which shall be
carefully kept the maps and plans of all mines in the state, and all records,
correspondence, papers, and apparatus and property pertaining to his duties,
belonging to the state, and shall be handed over to his successor in office; the
district inspectors shall keep their offices in such place in their respective dis-
tricts as will be most central and convenient to the mining region of their
respective districts, and shall keep and preserve in their offices all maps, plans,
surveys, and other papers belonging to their offices, in such manner as shall be
of easy access and convenient reference to persons entitled to examine them.
The district inspectors shall receive an annual salary of twelve hundred dollars
($1,200) per annum, and the chief inspector shall receive the same salary as is
now provided for inspector of mines under section twelve hundred and eighty-
four of the revised statutes. [1884, April 12: 81 v. 153, 156; Rev. Stat. 1880;
71 v. 21, §4.]
239
Tit. III, Ch. 9.
INSPECTOR OF MINES.
§§ 295-296.
SEC. 295. [Instruments, etc., to be furnished inspectors.] There shall
be provided for the inspectors, weights and measures and all instruments and
chemical tests necessary for the discharge of their respective duties under this
chapter, which shall be paid for on the certificate of the chief inspector, from
his contingent fund, and shall belong to the state. [1888, March 24: 85 v. 106,
109; 82 v. 204, 205; 81 v. 153, 157; Rev. Stat. 1880; 71 v. 21, § 6.]
SEC. 295a. [Unlawful to screen coal before weighing.] It shall be un-
lawful for any mine owner, lessee or operator of coal mines in this state, em-
ploying miners at bushel or ton rates, or other quantity, to pass the output of
coal mined by said miners over any screen or other device which shall take
any part from the value thereof, before the same shall have been weighed and
duly credited to the employe sending the same to the surface, and accounted
for at the legal rate of weights as fixed by laws of Ohio. [93 v. 33.]
SEC. 295b. [Provisions apply to "loaders."] The provisions of this act
shall also apply to the class of workers, engaged in mines wherein the mining is
done by machinery, known as loaders; whenever the workmen are under con-
tract to load by the bushel, ton or any quantity, the settlement of which is had
by weight, the output shall be weighed in accordance with the provisions of
this act. [93 v. 33.]
SEC. 295c. [Penalty.] Any mine owner, lessee or operator of coal mines
in this state, neglecting or refusing to comply with the conditions required to
be performed by sections 295a and 295b, shall be deemed guilty of a misde-
meanor, and upon conviction, be fined in any sum not exceeding six hundred
($600) dollars, nor less than three hundred ($300) dollars, at the discretion of
the court. [93 v. 33.]
SEC. 296. [Owner of a mine shall furnish a map of his mine, etc.; penalty
for refusing.] The owner or agent of any mine having an excavation of not
less than fifteen thousand cubic yards, shall make, or cause to be made, an
accurate map or plan of the working of such mine on a scale of not less than
two hundred feet to the inch, showing the area mined or excavated, and the
location and connection with such excavation of the mine, of the lines of all
adjoining lands, and the name or names of each owner or owners, so far as
known, marked on each tract, and the owner or agent shall annually thereafter
make, or cause to be made, an addition to said map, showing the progress and
plan of the working of such mine during the previous year up to the date of
survey; provided, that said additions shall be made semi-annually whenever
the mine inspector deems it necessary and so directs. The map shall be kept at
the office of such mine, and open to the inspection of the mine inspector, or his
assistants, at all reasonable times, and at the request of the inspector the owner
or agent shall file a correct copy of such map with said mine inspector at
Columbus, and in case of refusal on part of the owner or agent to make and file
such map, the inspector is authorized and required hereby to cause such map
or maps to be made in duplicate, at the expense of said owner or agent, the
cost of which shall be recoverable against the owner or agent in the name of
the state mine inspector; and in case of refusal by said owner or agent to make,
or cause such map and the additions thereto to be made, for sixty days after
notice by the mine inspector, said agent or owner shall be liable to a fine of five
dollars for each and every day until said map is made, which shall be collected
in the name of the state of Ohio, at the suit of the state mine inspector, and
the amount so recovered shall be paid into the township school fund of the
township when collected. And when any mine is exhausted or abandoned,
and before the pillars are drawn in any portion of the mine, the owner or
agent thereof shall cause to be made a correct map of such mine, showing the
area and working of the same to the day of abandoning, or of drawing pillars
for the purpose of abandoning, and file such map within ninety days thereafter
at the office of the county recorder in the county where such mine is located;
240
$$ 297-298.
INSPECTOR OF MINES.
Tit. III, Ch. 9.
said map shall have attached thereto the sworn certificate of the mining
engineer making the map, and of the nine boss in charge of the underground
workings of said mine; such map shall be properly labeled and filed by the
recorder, and be preserved as a part of the records of the land on which such
mines are located, and the recorder shall receive for said filing from said owner
or agent a fee of fifty cents. [1883, March 13: 80 v. 57; Rev. Stat. 1880; 71 v.
21, $7.]
SEC. 297. [Outlets required.] It is unlawful for the owner or agent of
any
coal mine, worked by shaft, to employ or permit any person to work therein,
unless there are, to every seam of coal worked in each mine, at least two separate
outlets, separated by natural strata of not less than one hundred feet in breadth,
by which shafts or outlets distinct means of ingress and egress are always
available to the persons employed in the mine; but it is not necessary for the
two outlets to belong to the same mine, if the persons employed therein have
safe, ready and available means of ingress and egress by not less than two
openings. This section shall not apply to opening a new mine while being
worked for the purpose of making communication between said two outlets, so
long as not more than twenty persons are employed at any one time in such
mine, neither shall it apply to any mine, or part of a mine in which the second
outlet has been rendered unavailable by reason of the final robbing of pillars
previous to abandonment, so long as not more than twenty persons are
employed therein at any one time. The cage or cages, and other means of
egress shall at all times be available for the persons employed, where there is no
second outlet. The escapement shafts shall be fitted with safe and available
appliances by which the persons employed in the mine may readily escape in
case an accident occurs deranging the hoisting machinery at the main outlets,
and such means or appliances for escape shall always be kept in a safe condi-
tion; and in no case shall an air shaft, with a ventilating furnace at the bottom,
be construed to be an escapement shaft, within the meaning of this section.
To all other coal mines, whether slopes or drifts, two such openings or outlets
must be provided within twelve months after shipments of coal have com-
menced from such mine; and in case such outlets are not provided as herein
stipulated, it shall not be lawful for the agent or owner of such slope or drift to
permit more than ten persons to work therein at any one time. In case a coal
mine has but one shaft, slope, or drift, for the ingress or egress of the men
working therein, and the owner thereof does not own suitable surface ground
for another opening, he may select and appropriate any adjoining land for that
purpose, and may make an additional shaft or outlet under, through or upon
any intervening land, or landing adjoining, and shall be governed in his pro-
ceeding in appropriating such land by the provisions of law in force, providing
for the appropriation of private property by corporations, and such appropria-
tion may be made, whether he is a corporator or not; but no land shall be
appropriated under the provisions of this chapter until the court is satisfied
that suitable premises can not be obtained upon reasonable terms. [1888,
April 11: 85 v. 185; 83 v. 181; Rev. Stat. 1880; 71 v. 21, § 8.]
SEC. 298. [Ventilation.] The owner or agent of every coal mine, whether
shaft, slope, or drift, shall provide and maintain for every such mine, an
amount of ventilation of not less than 100 cubic feet, per minute, per person
employed in such mine, which shall be circulated and distributed throughout
the mine in such a manner as to dilute, render harmless, and expel the poison-
ous and noxious gases from each and every working-place in the mine, and no
working-place shall be driven more than sixty feet in advance of a break-
through, or air-way; and all break-throughs, or air-ways, except those last made
near the working-faces of the mine shall be closed up and made air-tight, by
brattice, trap doors, or otherwise, so that the currents of air in circulation in
the mine may sweep to the interior of the mine where the persons employed
in such mine are at work, and all mines governed by the statute shall be pro-
241
Tit. III, Ch. 9.
INSPECTOR OF MINES.
§§ 299–301.
vided with artificial means of producing ventilation, such as forcing, or suction
fans, exhaust steam, furnaces or other contrivances, of such capacity and power
as to produce and maintain an abundant supply of air, and all mines gener-
ating fire-damp shall be kept free from standing gas, and every working-place
shall be carefully examined every morning with a safety lamp by a competent
person or persons, before any of the workmen are allowed to enter the mine.
All underground entrances to any places not in actual course of working or
extension, shall be properly fenced across the whole width of such entrances
so as to prevent persons from inadvertently entering the same. [1886, May 17:
82 v. 181, 182; 78 v. 148; Rev. Stat. 1880; 71 v. 21, $9.]
See note to 301.
SEC. 299. [Safety apparatus and precautions; boilers.] The owner or
agent of every coal mine operated by shaft, in all cases where the human voice
can not be distinctly heard, shall forthwith provide and maintain a metal tube
from the top to the bottom of such shaft suitably calculated for the free passage of
sound therein, so that conversation may be held between persons at the bottom
and top of the shaft; there shall also be provided an approved safety catch,
and a sufficient cover overhead, on all carriages used for lowering and hoisting
persons, and in the top of every shaft an approved safety gate, and an adequate
brake shall be attached to every drum or machine used for lowering or raising
persons in all shafts or slopes; and there shall also be provided in every shaft
a traveling or passage way from one side of a shaft bottom to the other, so that
persons working therein may not have to pass under descending cages; and all
slopes or engine-planes, used as traveling ways by persons in any mine, shall
be made of sufficient width to permit persons to pass moving cars with safety;
but if found impracticable to make any slope or engine-plane of sufficient
width, then safety-holes of ample dimensions, and not more than sixty feet
apart, shall be made on one side of said slope or engine-plane. Such safety-
holes shall always be kept free from obstructions, and the roof and sides shall
be made secure. The boilers used for generating steam, and the buildings con-
taining the boilers shall not be nearer than sixty feet to any shaft or slope, or
to any building or inflammable structure connected with or surrounding said
shaft or slope; but this section shall not apply to any shaft or slope, until the
work of development and shipment of coal has commenced. [1886, May 17:
83 v. 181, 182; 82 v. 204. 206; 81 v. 153, 154; Rev. Stat. 1880; 71 v. 21, § 10.]
SEC. 299a. [Forbidding erection of boilers, etc., nearer to mouth of
shaft than one hundred feet.] [82 v. 204, 206. Repealed 83 v. 181, 184.]
SEC. 300. [Competent engineers must be employed, etc.] No owner or
agent of any coal mine operated by a shaft or slope shall place in charge of any
engine used for lowering into or hoisting out of such mine persons employed
therein any but experienced, competent, and sober engineers; and no engi-
neer in charge of such engine shall allow any person, except such as may
be deputed for that purpose by the owner or agent, to interfere with it or any
part of the machinery, and no person shall interfere or in any way intimidate
the engineer in the discharge of his duties; and in no case shall more than ten
men ride on any cage or car at one time, and no person shall ride upon a loaded
cage or car in any shaft or slope. [71 v. 21, § 11]
SEC. 301. [Lighting and ventilation; notice of accidents; duty of
inspectors; penalty; other notices to be given chief inspector of mines.]
All safety lamps used for examining coal mines, or which are used in any coal
mine, shall be the property of the owner of the mine, and shall be under the
charge of the agent thereof, and in all mines, whether they generate fire-damp
or not, the doors use[d] in assisting or directing ventilation of the mine, shall
be so hung or adjusted that they will shut of their own accord and can not
stand open; and all main doors shall have an attendant, whose constant duty
shall be to open them for transportation and travel, and prevent them from
17
242
$301.
INSPECTOR OF MINES.
Tit. III, Ch. 9.
standing open longer than is necessary for persons or cars to pass through;
and the mining boss shall keep a careful watch over the ventilating apparatus
and the airway, and he shall measure the ventilation at least once a week, at
the inlet and outlet, and also at or near the face of all the entries, and the meas-
urements of air so made shall be noted on blanks, furnished by the chief
inspector; and on the first day of each month the mining boss of each mine
shall sign one of such blanks, properly filled with the said actual measure-
ments, and forward the same to the chief inspector, and any mining boss mak-
ing false returns of such air measurements shall be deemed guilty of an offense
against this section. Every person having charge of any mine, whenever loss
of life occurs by accident, connected with the working of such mine, or by
explosion, shall give notice thereof forthwith, by mail or otherwise, to the
inspector of mines, and to the coroner of the county in which such mine
is situated, and the coroner shall hold an inquest upon the body of the person
or persons whose death has been caused, and inquire carefully into the cause
thereof, and shall return a copy of the finding and all the testimony to the
chief inspector. The owner, agent, or manager of every mine shall, within
twenty-four hours next after any accident or explosion, whereby loss of life or
personal injury may have been occasioned, send notice in writing to the chief
inspector, and shall specify in such notice the character and cause of the acci-
dent, and the name or names of the persons killed and injured, with the extent
and nature of the injuries sustained. When any personal injury, of which
notice is required to be sent under this section, results in the death of the
person injured, notice in writing shall be sent to the chief inspector within
twenty-four hours after such death comes to the knowledge of the owner, agent
or manager; and when loss of life occurs in any mine by explosion, or acci-
dent, the owner, agent, or manager of such mine shall notify the chief inspector,
or the district inspector, forthwith, of the fact, and it shall be the duty of the
chief inspector to go himself, or require one of the district inspectors to go, at
once to the mine in which said death occurred, and inquire into the cause of
the same, and to make a written report, fully setting orth the condition of the
part of the mine where such death occurred, and the cause which led to the
same; which report shall be filed by the chief inspector in his office as a matter
or [of] record, and for future reference.
For any injury to persons or property, occasioned by any violation of this
act, or any willful failure to comply with its provisions by any owner, agent or
manager of any mine, a right of action chall accrue to the party injured, for any
direct damage he may have sustained thereby; and, in any case of loss of life,
by reason of such willful neglect or failure, aforesaid, a right of action shall
accrue to the widow and lineal heirs of the person whose life shall be lost, for
like recovery of damages for the injury they shall have sustained.
The owner, agent, or manager of any mine shall also give notice to the chief
inspector of mines in any or all of the following cases:
1. Where any change occurs in the name of any mine, or in the name of
any owner, agent, or manager of any mine, or in the officers of any incorpo-
rated company which owns or operates a mine.
2. Where any working is commenced for the purpose of opening a new
shaft, slope or mine, to which this act applies.
3. Where any mine is abandoned or the working thereof discontinued.
4. Where the working of any mine is re-commenced after any abandon-
ment or discontinuance for a period exceeding three months.
5. Where the pillars of a mine are about to be removed or robbed.
6. Where a squeeze or crush, or any other cause or change may seem to
affect the safety of persons employed in any mine, or where fire occurs, or a
dangerous body of gas is found in any mine. [1888, April 11: 85 v. 185, 186;
83 v. 181, 183; 82 v. 204, 206; 78 v. 80; Rev. Stat. 1880; 71 v. 21, § 12.]
Contributory negligence defeats the action herein given: Krause v. Morgan, 53 O. S. 26, and see Krause
2. Morgan, 33 Bull. 123.
;
243
Tit. III, Ch. 9.
INSPECTOR OF MINES.
§§ 302-305.
SEC. 302. [Employment of minors; record of same; inspection of
same.] No child under fifteen years of age shall be allowed to work in any
mine, and in all cases of minors applying for work the agent of such mine shall
see that the provisions of this section are not violated; he shall also keep a
record of all minors employed by him, or by any person employed in said
mine, giving the name, age, place of birth, parents' name and residence,
with character of employment, and he shall demand from such minor proof
that he has complied with the requirements of the school laws; and it shall be
the duty of the mine inspector to inspect such record and to report to the chief
inspector of mines the number of minors employed in or about such mines
and to enforce the provisions of this section. [93 v. 164; 85 v. 325; Rev. Stat.
1880; 71 v. 21, §13.]
As to regulations for the employment of labor generally, including minors, see
2 (4364--62) et seq.
In case any coal
SEC. 303. [Action for non-compliance with statutes.]
mine does not, in appliances for the safety of the persons working therein,
conform to the provisions of this chapter, or the owner or agent disregards the
requirements of this chapter, any court of competent jurisdiction may, on
application of the inspector, by civil action, in the name of the state, enjoin
or restrain the owner or agent from working or operating such mine, until it is
made to conform to the provisions of this chapter; and such remedy shall be
cumulative, and shall not take the place of or affect any other proceedings
against such owner or agent authorized by law for the matter complained of in
such action. [1888, April 16: 85 v. 325; Rev. Stat. 1880; 71 v. 21, § 14.]
SEC. 304. [When governor shall convene a board of examiners; duties
of the board.] When written charges of gross neglect of duty or malfeasance
in office against any inspector is made and filed with the governor, signed by
not less than fifteen coal-miners, or one or more operators of mines, together
and
with a bond in the sum of five hundred dollars, payable to the state,
signed by two or more responsible freeholders, and conditioned for the pay-
ment of all costs and expenses, arising from the investigation of such charges,
the governor shall convene a board of examiners, to consist of two practical
coal-miners, one chemist, one mining engineer, and one operator, at such time
and place as he deems best, giving ten days' notice to the inspector against
whom the charges are made, and also to the person whose name appears first
in the charges; and the board, when so convened, and having been first duly
sworn truly to try and decide the charges made, shall summon any witnesses
desired by either party, and examine them, on oath, which may be adminis-
tered by any member of the board, and depositions may be read on such
examination as in other cases; and the board shall examine fully into the
truth of such charges, and report the result of their investigation to the gov-
ernor; and the board shall award the costs and expenses of such investigation
against the inspector or the persons signing the bond according to their finding
against said inspector or in his favor, which costs and expenses shall include
the compensation of such board of five dollars per day for each member for
the time occupied in the trial, and in traveling from and to their homes; and
the attorney-general shall forthwith proceed to collect such costs and expenses,
and pay the same into the state treasury, being in the first instance paid out
of the state treasury on the certificate of the president of such board. [71 v.
21. § 16.]
SEC. 305. [Right of access to and examination of mines.] In all coal
mines in the state, the miners employed and working therein, the owners of
the land or other persons interested in the rental or royalty of any such mine,
shall at all proper times have full right of access and examination of all scales,
machinery or apparatus used in or about such mine to determine the quantity
of coal mined, for the purpose of testing the accuracy and correctness of all
244
$$ 306–306a.
INSPECTOR OF MINES.
Tit. III, Ch. 9.
such scales, machinery or apparatus; and such miners, land-owners, or other
persons, may designate or appoint a competent person to act for them, who
shall at all proper times have full right of access and examination of such scales,
machinery, or apparatus, and seeing all weights and measures of coal mined, and
the accounts kept of the same; but not more than one person on behalf of the
miners collectively, or one person on behalf of the land-owners or other persons
interested in the rental or royalty jointly, shall have such right of access, exami-
nation and inspection of scales, weights, measures and accounts at the same
time, and that such persons shall make no unnecessary interference with the
use of such scales, machinery or apparatus; and the miners employed in any
mine may, from time to time, appoint two of their number to act as a com-
mittee to inspect not oftener than once in every month, the mine and the
machinery connected therewith, and to measure the ventilating current, and
if the owner, agent or manager so desires, he may accompany said committee
by himself or two or more persons which he may appoint for that purpose; the
owner, agent, or manager shall afford every necessary facility for making such
inspection and measurement, but the committee shall not in any way interrupt
or impede the work going on in the mine at the time of such inspection and
measurement, and said committce shall, within ten days after such inspection
and measurement, make a correct report thereof to the inspector of mines, on
blanks to be furnished by said inspector for that purpose; and if such com-
mittee make to the inspector a false or untrue report of the mines, such act shall
constitute a violation of this section. [1881, April 13: 78 v. 129; Rev. Stat.
1880; 71 v. 21, § 17.]
SEC. 306. [Oil permitted to be used for illuminating purposes in the
mines.] Only a pure animal or vegetable oil, or other oil as free from smoke
as a pure animal or vegetable oil, and not the product or by-product of rosin,
and which shall, on inspection, comply with the following test, shall be used
for illuminating purposes in the mines of this state: All such oil must be
tested at 60 degrees Fahrenheit. The specific gravity of the oil must not exceed
24 degrees Tagliabue. The test of the oil must be made in a glass jar one and
five-tenths inches in diameter by seven inches in depth. If the oil to be
tested is below 45 degrees Fahrenheit in temperature, it must be heated until
it reaches about 80 degrees Fahrenheit; and should the oil be above 45 degrees
and below 60 degrees Fahrenheit, it must be raised to a temperature of about
70 degrees Fahrenheit, when, after being well shaken, it should be allowed to
cool gradually to a temperature of 60 degrees Fahrenheit, before finally being
tested. In testing the gravity of the oil, the Tagliabue hydrometer must be,
when possible, read from below, and the last line which appears under the sur-
face of the oil shall be regarded as the true reading. In case the oil under
test should be opaque or turbid, one-half of the capillary attraction shall be
deemed and taken to be the true reading. Where the oil is tested under difficult
circumstances, an allowance of one-half degree may be made for possible
error in parallax before condemning the oil for use in the mine. All oil sold
to be used for illuminating purposes in the mines of this state, shall be con-
tained in barrels or packages branded conspicuously with the name of the
dealer, the specific gravity of the oil, and the date of shipment. [91 v. 160;
89 v. 164; 85 v. 325, 326; 78 v. 187; Rev. Stat. 1880; 71 v. 21, § 18.]
SEC. 306a. [Penalties, jurisdiction, disposition of fines, etc.] Any
person or persons, firm or corporation which ships any oil contained in any
barrel or barrels, package or packages, which are not branded as prescribed in
section 306, said oil to be used for illuminating purposes in coal or other
mines, and any person or persons, firm or corporation which sells any oil other
than that prescribed in section 306, to be used for illuminating purposes in
coal or other mines, and any person or persons, firm or corporation, having in
charge the operation or running of any mine, which, in a mine under his on
its charge, uses or permits the use of any oil other than that prescribed in
245
Tit. III, Ch. 9.
INSPECTOR OF MINES.
§ (306—1).
section 306, and any miner or mine employe who uses, with a knowledge of
its character, in any mine in this state, any oil other than that prescribed in
section 306, shall be fined not less than five nor more than fifty dollars; and
any individual, firm, company or corporation which sells any oil other than
that prescribed in section 306, in a quantity exceeding five barrels at one sale,
to be used for illuminating purposes in coal or other mines, shall be fined not
less than twenty-five nor more than one hundred dollars. Mayors and justices
of the peace shall have jurisdiction to try any violations of this section, and
their judgment shall be final. Every person who, after being once convicted
of violating this section, shall be convicted of again violating any of the pro-
visions of this section, may, in addition to the fine before provided, be impris-
oned not less than ten days nor more than thirty days. On complaint, before
a mayor or justice of the peace, of a second violation of this act involving the
punishment of imprisonment, if a trial by jury be not waived, a jury shall be
chosen and the case tried, after the manner provided in section 3718a of the
Revised Statutes. All fines assessed and collected under prosecutions begun,
or caused to be begun by the chief inspector of mines, or any district inspec-
tor of mines, shall be paid by the court to the chief inspector of mines, and
by him paid into the state treasury to the credit of a fund which is hereby
appropriated for the use of the chief inspector of mines in prosecuting viola-
tions of this section. Any excess of fines collected over the expenses incurred
in prosecutions under this section remaining at the close of the fiscal year,
shall be credited to the general revenue fund of the state. [91 v. 161.]
The act of 78 v. 187 created the office of assistant mine inspector, under sectional
numbering 3064. It was repealed in 81 v. 153, 157.
(306-1) SEC. 1. [Maps of coal, gas and oil lands required to be
made; marking of wells; copy to be filed with mine inspector.] It shall
be the duty of every owner, agent, or lessee of any land within this state
underlaid with mineral stone coal, and of every person, firm, or corporation
engaged in drilling or exploring for natural gas or oil upon such land, upon
notice from the chief inspector of mines, or from any district inspector of
mines, or before abandoning or ceasing to operate any gas or oil wells drilled
upon such lands, to make, or cause to be made, a complete and accurate
map thereof, which shall show the boundaries of each tract of land drilled
upon, and the buildings and all monuments found upon such premises. Each
well shall be plainly marked by a name, number or letter, and located when-
ever possible with reference to some well defined and lasting monument, so
that its exact location may be easily determined. Such map shall show the
depth at which each well pierced each vein of coal, giving the thickness of each
strata. On each map shall be a sworn statement of the engineer or surveyor
making it, together with a sworn statement of the owner, agent, or lessee oper-
ating such oil or gas wells, or of the owner of such premises, that it is a true
and accurate representation of the property; and a copy thereof drawn upon
tracing linen, shall be filed in the office of the chief inspector of mines, and
be open to inspection at all reasonable times. [93 v. 237.1
(306-2) SEC. 2. [Maps to be made before beginning operations.]
It shall be the duty of every person, firm or corporation owning, or leasing
any land underlaid with mineral stone coal, and upon which gas or oil wells
have been drilled to, or below any vein or seam of such mineral coal, before
proceeding to mine such coal, to make or cause to be made or filed in the office
of the chief inspector of mines such a map as is described in section one of this
act. [93 v. 238.]
(306-3) SEC. 3. [Casing and sealing of well drilled in coal or other
mineral lands.] Whenever any person, firm or corporation sinks any well for
gas or oil on lands upon which coal or other mineral is being mined, and
which well passes through any mine, it shall be the duty of the person owning
246
(306-4).
INSPECTOR OF MINES.
Tit. III, Ch. 9.
such land, or drilling such well, to drill the hole to a depth of at least ten feet
below the vein of coal or other mineral being mined, when such hole shall be
cased, and sealed upon the outside of the casing with suitable material to the
level of the coal floor; and each vein of mineral being mined, pierced by such
well shall be sealed in the same manner. [93 v. 238.]
(306-4) SEC. 4. [Sealing of well on abandonment.] It shall be the
duty of the owner of any lands, or of the owner, or operator of any well drilled
for oil or gas thereon, and which in drilling shall have passed through any
vein of minable coal, before abandoning, or ceasing to operate any such well,
and before drawing the casing therefrom, to seal the same in the manner fol-
lowing: There shall be driven in such well to a depth of at least twenty-five
feet below the floor of the lowest coal measure, a round, seasoned wooden plug
at least two feet in length, and equal in diameter to the diameter of the well at
that point. After the plug has been properly driven, there shall be filled in
on top of the same to a depth of at least twenty feet hydraulic cement lime
and sharp sand, well mixed, one part each of the two former to two parts of
the latter material. Immediately thereafter there shall be driven well down
into the cement, a round, seasoned wooden plug, at least three feet in length,
tapering in form, and to be of the same diameter at a distance of twelve inches
from the smaller end as the diameter of the well at the point to which the plug
is driven. Where any gas or oil well passes through any gas or oil bearing
rock lying above the coal measures, the owner, agent or lessee thereof, shall,
upon abandoning or ceasing to operate such well, drive a dry wooden plug not
less than two feet in length, equal in diameter to the diameter of the hole, to
a point as near as possible to the top of the coal vein, on the top of which there
shall be filled at least five feet of sediment of drillings, or cement and sand; as
the mine inspector shall direct. [93 v. 238.]
(306-5) SEC. 5. [Notice given chief inspector of mines on abandon-
ment of well; well to be plugged; penalty.] The owner, agent or lessee of
any land upon which there has been drilled any oil or gas well which has pen-
etrated any vein of coal shall, before abandoning or ceasing to operate, or re-
moving the casing from such well, give due notice in writing to the chief in-
spector of mines of such fact and designating therein the well to be abandoned;
and it shall thereupon be the duty of such chief inspector of mines, or of any
district inspector, to go at once to such well, and require the owner or agent
of the land, or the owner, agent or lessee of such well to plug the well as pro-
vided in this act. In case such well is not plugged in the manner required by
law within ten days after the time the chief or district inspector shall have
ordered the same done, the chief inspector or district inspector may cause the
well to be plugged, and the costs and expenses of such plugging may be recov-
ered of the person, firm or corporation whose duty it is to seal the same, in
the manner provided for the recovery of penalties by section six of this act.
[93 v. 239.]
(306-6) SEC. 6. [Penalty for non-compliance, etc.] Every person, firm
or corporation, failing to comply with any of the provisions of this act, shall be
subject to a penalty of not less than one hundred dollars, nor more than one
thousand dollars, to be recovered by action in the name of the state, and on
collection, paid into the treasury of the state to the credit of a fund which is
hereby appropriated for prosecuting violations of this act, to be paid out on
requisitions signed by the chief inspector of mines. Such action may be insti-
tuted in the court of common pleas of the county wherein any such well is
located or of Franklin county. In addition to the penalties herein provided,
every person violating any of the provisions of this act shall be deemed guilty
of a misdemeanor, and on conviction, be fined in any sum not less than fifty
dollars nor more than five hundred, or be imprisoned not less than ten days
nor more than sixty days, or both. [93 v. 239.]
247
Tit. III, Ch. 10. COMM'R OF STATISTICS OF LABOR.
CHAPTER 10.
SECTION
COMMISSIONER OF STATISTICS OF LABOR.
307. The commissioner: his appointment and term.
398. His duties, etc.
SECTION
309. Power of commissioner.
310. Annual report.
$$ 307-308.
308a. Removal of superintendent or clerk.
Employment of counsel, see ? 202.
SEC. 307. [Commissioner: his appointment and term.] The commis-
sioner of labor statistics shall be appointed by the governor, by and with the
advice and consent of the senate, and shall hold his office for two years.
v. 150; 74 v. 209, § 1.]
[87
SEC. 308. [His duties; appointment of superintendents; publication
of applicants; penalties; salary.] The commissioner shall have an office in
the state house, which shall be a bureau of statistics of labor, and he shall
collect, arrange and systematize all statistics relating to the various branches
of labor in the state, and especially those relating to the commercial, indus-
trial, social, educational and sanitary condition of the laboring classes. Said
commissioner is hereby authorized and directed, immediately after the passage
of this act, to organize and establish in all cities of the first class, and cities of
the first and second grade of the second class in the state of Ohio, a free pub-
lic employment office, and shall appoint one superintendent for each of said
offices to discharge the duties hereinafter set forth. Said superintendents shall
cause to be posted in front of their said offices on a sign board, or in a suitable
place on the building where such offices are located, the words "free public
employment office." It shall be the duty of such superintendents to receive
all applications for labor of those desiring employment and those desiring to
employ labor, and record their names in a book kept for that purpose, desig-
nating opposite the name of each applicant the character of employment, or
labor desired, and the address of such applicant. Each of said superintend-
ents shall be provided with such clerical assistance as in the judgment of the
commissioner may appear necessary for properly conducting the duties of
their several offices. No compensation or fee shall, directly or indirectly, be
charged to or received from any person or persons seeking employment or any
person or persons desiring to employ labor through any of said offices. Said
superintendents shall make a weekly report on Thursday of each week to said
commissioner of all persons desiring to employ labor, and the class thereof.
and all persons applying for employment through their respective offices, and
the character of employment desired by each applicant; also, of all persons
securing employment through their respective offices and the character there-
of, and a semi-annual report of the expense of maintaining such offices. Said
commissioner shall cause to be printed weekly a list of all applicants and the
character of employment desired by them, and of those desiring to employ
labor, and the class thereof, received by him from the respective offices afore-
said, and cause a true copy of such list on Monday of each week to be mailed
to the superintendent of each of said offices in the state, which said list by the
superintendent shall be posted immediately on receipt thereof in a conspicu-
ous place in his office, subject to the inspection of all persons desiring employ-
ment. Said superintendents shall perform such other duties in the collection
of labor statistics as said commissioner shall determine. Any superintendent
or clerk as herein provided, who directly or indirectly charges or receives any
compensation from any person whomsoever in securing employment, or labor
248
$$ 308a-310.
COMM'R OF STATISTICS OF LABOR. Tit. III, Ch. 10.
for any other person or persons as provided in this act, shall be deemed guilty
of a misdemeanor, and be fined in any sum not exceeding fifty dollars, and
imprisoned in the county jail or work-house not exceeding thirty days. The
superintendent of each of said offices shall receive a salary, to be fixed by the
council of such city, payable monthly. The clerk or clerks required in any
such offices, shall receive a salary of not more than fifty dollars per month;
provided the compensation of such superintendents and clerks so appointed
shall be paid out of the city treasury, in which such free public employment
office may be located. [87 v. 341; 74 v. 209, § 2.]
SEC. 308a. [Term and removal of superintendent or clerk.] The ten-
ure of office for all superintendents and clerks of free public employment
offices shall be two years from the date of appointment, but the commissioner
of labor statistics shall have the power of removing any of such superintend-
ents and clerks for good and sufficient cause, and all appointments and re-
movals of such superintendents and clerks shall be made with the consent of
the governor. [88 v. 194.]
SEC. 309. [Powers of commissioner.] The commissioner shall have power
to send for persons and papers, to examine witnesses under oath, to take deposi-
tions, to cause them to be taken by others by law authorized to take deposi-
tions; and said commissioner may deputize any uninterested person to serve
subpoenas upon witnesses, who shall be summoned in the same manner and
paid the same fees as witnesses before a county court, but for this purpose
persons are not required to leave the vicinity of their residence or place of
business, and any person or owner, operator, manager or lessee of any mine,
factory, workshop, warehouse, elevator, foundry, machine-shop, manufacturing
or other industrial establishment, or any agent or employe of such owner,
operator, manager or lessee who shall refuse said commissioner admission
therein for the purpose of inspection, or who shall, when requested by him,
willfully neglect or refuse to furnish to him any statistics or other information
relative to his lawful duties which may be in their possession or under their
control, or who shall willfully neglect or refuse, for thirty days, to answer
questions by circular or upon personal application, or who shall knowingly
answer any such questions untruthfully, or who shall refuse to obey the sub-
pœnas and give testimony according to the provisions of this act shall, for
every such willful neglect or refusal be deemed guilty of a misdemeanor, and
upon conviction thereof shall be punished by a fine of not less than fifty nor
more than five hundred dollars. [88 v. 478; 74 v. 209, § 3.]
SEC. 310. [Annual report.] The commissioner shall make an annual
report to the general assembly of the work done by the bureau. Said report
shall be so compiled [so] as not to expose, without a written consent, the
name or private affairs of any person, firm, company or corporation that has
furnished such information as the bureau requires. [88 v. 478; 74 v. 209, §3.j
249
Tit. III, Ch. 11. SUPERVISOR OF PUBLIC PRINTING.
CHAPTER 11.
SUPERVISOR OF PUBLIC PRINTING.
$$ 311-813.
SECTION
SECTION
811. Appointment, term, and bond.
312. Duty of supervisor of printing as to proof-sheets of
documents, etc.
327.
328.
313. Supervisor of printing to have charge of book-
binding at establishment at deaf and dumb asylum.
314. Supervisor of printing shall provide materials, etc.,
and have control of public printing and binding;
accounts, bills, and vouchers.
329.
330.
General provisions as to estimates of work.
Failure to execute contract; fraudulent of
exorbitant bids may be disregarded.
Contracts for German printing: how and by whom let.
Binding to be let in the same way.
331.
332.
315. Shall receive from the secretary of state paper
for printing and binding.
333.
334.
316. Shall audit advertising bills for the state.
317. Annual report.
335.
How journals, etc., bound: no charge to be
allowed for collating, drying, or pressing.
Time within which work shall be done.
Contractor to file copy of all work and account.
Contractor for binding shall do the same.
Duties of supervisor under the two preceding
sections.
318. Commissioners of public printing: who shall
be.
335.
Delivery of work when finished.
337.
319. Division of public printing into five classes.
320. Biennial letting of printing contracts.
Delivery of paper to contractors, and their
accounting for it.
338.
321. Award of printing contracts; time for completion of
work.
Copy to be furnished to contractors for print-
ing.
339.
322. How first class shall be printed and meas-
ured.
Indexes to journals shall be furnished by
clerks.
340.
323. How second class shall be printed.
Other printing and binding may be let by the
commissioners.
324. How third class shall be printed.
341.
325. Style of printing the annual laws.
Agricultural reports shall be printed and dis-
tributed by July 1st.
326. How fifth class shall be printed and measured.
341a. Bulletins of Ohio, agricultural experiment sta-
tion.
Shall furnish reports and documents to State library commissioners, 2 349 and 2 (76 1)
et seq.
As to publication and distribution of results of geological survey, see 82 v. 211; 83 v.
185; 85 v. 3; 90 v. 75; am. 91 v. 39.
Employment of counsel, see ? 202.
SEC. 311. [Appointment and term of office; who may be appointed;
bond; filing same.] The governor shall, by and with the advice and consent
of the senate, appoint a supervisor of public printing, whose term of office is
two years, who must be a practical printer, and who, before entering upon the
discharge of his duties, must give bond, with sureties approved by the governor,
to the state, in the sum of five thousand dollars, conditioned for the faithful
performance of his duties; and the bond, with the oath of office and the
approval of the governor indorsed thereon, shall be forth with deposited with
the secretary of state. [61 v. 11, §§ 4, 17; S. & S. 619; (S. & C. 1205).]
SEC. 312. [Duty of supervisor of printing as to proof-sheets of docu-
ments, etc.] Except as otherwise provided by law, the supervisor of public
printing shall examine the proof-sheets of all printing done for the state, and
see that they are correct, and that the work is executed in a suitable manner
and pursuant to law; and he shall prepare indexes for all public documents,
when necessary. All printing for the executive departments shall be ordered
through the supervisor, and he shall see that the full number of copies ordered
is received from the printer and delivered to the proper department; he shall
audit all accounts for printing and binding, and keep a record of the cost of
printing and binding, the amount of paper used, and the entire expense of
each document or item; and a copy of each document shall be duly filed and
preserved by him, with the cost indorsed upon it; he shall not have any
interest in the contracts for printing. [1880, March 9: 77 v. 53; Rev. Stat. 1880;
61 v. 11, § 17; 64 v. 124, § 8; 59 v. 86, § 2; 76 v. 132, § 2; (S. & S. 619; S. & S.
46).]
SEC. 313. [Supervisor of printing to have charge of book-binding at
establishment at deaf and dumb asylum.] He shall have charge of the book-
binding establishment at the institution for the education of the deaf and
250
SS 314-318.
SUPERVISOR OF PUBLIC PRINTING. Tit. III, Ch. 11.
dumb, and, subject to the approval of the superintendent of that institution,
the employment of one of that art therein, practicably skilled in the art, and
competent and fitted to teach the inmates in that art, selecting for this pur-
pose, if practicable, an educated mute, or person having a knowledge of the
sign language. The compensation of such teacher shall be fixed by the super-
intendent and supervisor, not exceeding the maximum authorized by law.
£1880, April 9: 77 v. 169; Rev. Stat. 1880; 64 v. 124, § 2; (S. & S. 44).]
SEC. 314. [Supervisor of printing shall provide materials, etc., and
have control of public printing and binding; accounts, bills, and vouchers.]
He shall provide the materials, implements, machinery and fixtures necessary
for the binding department, and have control of the same; superintend the
arrangement thereof, subject, however, to the concurrence of the trustees as to
the space occupied; and he shall have the exclusive direction and manage-
ment of the practical operation thereof in printing and binding as a branch of
the public service; but he shall so manage the business as to afford access
and all proper facilities to the teachers in the discharge of their duties; and
he shall keep detailed accounts of all materials, machinery, tools, and fixtures
purchased, and the cost thereof, and, all work done, and materials, consumed
therefor; and also cause to be made bills in duplicate of all items of property
so purchased, one of which he shall file in the office of the secretary of state,
with the papers of the commissioners of public printing, and the other he shall
certify as a voucher in behalf of the party from whom such purchase was made;
provided, that no purchase of any such materials, implements, machinery or
fixtures, or contract therefor, shall be made, except after the same shall have
been submitted to and approved by the commissioners of public printing, and
all vouchers for payment therefor shall be certified by the supervisor and
approved by said commissioners before payment thereof. [1885, February 26:
82 v. 73; 79 v. 98; 77 v. 169; Rev. Stat. 1880; 64 v. 124, §§ 3, 5; (S. & S. 45).]
SEC. 315. [Shall receive paper from secretary of state.] He shall be
entitled to receive from the secretary of state such quantities of paper provided
by the state for public printing and binding as he may, from time to time,
require, giving his receipts therefor; and, annually, on or before the first Mon-
day of November, he shall account and settle therefor with the secretary of
state; and for any of the paper so received, not so accounted for, he shall be
[64 v. 124, §6;
charged the cost thereof and fifty per cent. additional.
S. & S. 45.]
SEC. 316. [Shall audit advertising bills for state; what is a square.]
All bills for advertising under the laws of the state, the payment for which is
from the state treasury, shall be audited by the supervisor, and approved by
the commissioners of printing: A square shall be considered to be a space
occupied by three hundred ems of plain, solid matter, and the prices allowed
shall be the same per square as charged for other plain advertising in the paper
inserting it, or as is fixed by law when a price is fixed; and no allowance shall
be made for space occupied by unnecessary blank lines, or other device to increase
the amount not required by good taste and the nature of the matter inserted.
[59 v. 86, § 3; S. & S. 619.]
SEC. 317. [Annual report.] He shall, annually, make a full report to
the governor of the operations of his department, and a detailed exhibit of the
receipts and expenditures. [64 v. 124, § 8; 61 v. 11, §4; S. & S. 46; S. & S. 620.]
SEC. 318. [Commissioners of public printing.] The secretary of state,
auditor of state, and attorney-general shall be ex-officio commissioners of
public printing. [74 v. 70, § 1.]
distribution of the Roster of Ohio
For "
an act to provide for the publication an
Soldiers," see 83 v. 146; 87 v. 27, 276; 90 v. 127; 92 v. 25, 426.
251
Tit. III, Ch. 11. SUPERVISOR OF PUBLIC PRINTING.
$$ 319-320..
SEC. 319. [Classification of the printing.] The printing for the state
shall be divided into seven classes, to be let in separate contracts, as follows:
The printing of all bills for the two branches of the general assembly, together
with such resolutions and other matters as are ordered by the two branches, or
either of them, to be printed in bill form, shall constitute the first class, and
shall be let in one contract; the printing of the journals of the senate and
house of representatives, and of such reports, communications and other docu-
ments as enter into and make a part of the journals, shall constitute the second
class, and shall be let in one contract; the printing of all reports and all com-
munications and other documents ordered by the general assembly or either
branch thereof, or by the executive departments, to be printed in pamphlet
form, excepting the bulletins of the Ohio agricultural experiment station, shall
constitute the third class, and shall be let in one contract; the printing of the
general and local laws and joint resolutions, shall constitute the fourth class,
and shall be let in one contract; the printing of all blanks, circulars and other
work necessary for the use of the executive departments, other than such as
shall be printed in pamphlet form, shall constitute the fifth class, and shall be
let in one contract; the bulletins of the Ohio agricultural experiment station
shall constitute the sixth class, and shall be let in one contract. The report'
of the secretary of state, auditor of state, commissioner of common schools,
commissioner of railroads, commissioner of labor statistics, superintendent of
insurance, the report of the state board of agriculture, and such other reports
of executive officers as are required by law to be bound in either cloth or half
law-binding, except the laws and joint resolutions and journals of the house:
and senate, shall constitute. the seventh class, and may be let in one or more
contracts, as in the discretion of the commissioners of public printing the
interests of the state may require. [91 v. 400; 57 v. 88, §2; S. & C.
1201.]
This and the next two sections are constitutional and require the different classes of printing to be let as
separate contracts; but the seventh class may be in one or more contracts: State ex rel v. Comm'rs, 52 O. S. 81.
SEC. 320. [Notice for letting public printing; proposals: what to
specify; bond of bidder.] The commissioners of public printing shall,
between the first day of June and the first day of August, biennially, beginning
in the second year after the next preceding letting of the public printing, give
notice, for the period of at least thirty days, in two or more newspapers printed
in the city of Columbus, and two in each of the cities of Cleveland and Cincin-
nati, that sealed proposals will be received at the office of the secretary of state
for executing the several classes of the public printing, in separate contracts,
for the term of two years from and after the first Monday of November next
ensuing; which proposals shall distinctly and specifically state the price per
thousand ems for the composition of all matter embraced in the seven classes
of printing, or such of them as are covered by the bid; the price per token for
all press work embraced in the first, second, third, fourth, sixth and seventh
classes, and the price per quire for the press work contained in the fifth class,
at which the bidder will undertake to do the work embraced in the class or
classes of the printing covered by his proposals; and each proposal must be
accompanied by a bond, executed in due form by the bidder, with at least two
good and sufficient sureties, satisfactory to the commissioners of public printing,
in the sum of ten thousand dollars, conditioned for the faithful performance,
pursuant to this chapter, of such class or classes of the state printing as may be
awarded to him; and for the payment as liquidated damages by such bidder
to the state of any excess of cost over the bid or bids of such bidder which
the state may be obliged to pay for such work by reason of the failure of
such bidder to complete his contract; the bond to be null and void if no
contract be awarded to him. No bid unaccompanied by such bond shall
252
$321.
SUPERVISOR OF PUBLIC PRINTING.
Tit. III, Ch. 11.
be entertained by the commissioners of public printing. [91 v. 401; 57 v. 88.
$3; S. & C. 1201.]
A mandamus will not be granted at the suit of the lowest responsible bidder for public printing, to com-
pel the commissioners of printing to award him the contract, where a contract has already, by mistake, been
made with a higher bidder, when the amount of difference between the two bids is not shown, or the appli-
cation has been unreasonably delayed, or when no good reason appears why a remedy was not sought, by
injunction or otherwise, in an action jointly against the contractor and the commissioners: State v. Commis-
sioners of Printing, 18 O. S. 386. See, also, State v. Commissioners of Hamilton Co., 20 O. S. 425.
SEC. 321. [Award of printing contracts; time for completion of
work.] The commissioners of printing shall, within two days after the expira-
tion of the term for receiving proposals as aforesaid, proceed to open all such
proposals by them received, and they shall, on careful examination and com-
putation, award the contract for each class of printing to the lowest responsible
bidder therefor; but should the commissioners be of the opinion there was
collusion between the bidders, or the lowest proposal or proposals are too high,
they may reject any or all bids, and readvertise for two weeks for proposals for
such classes of printing as are not awarded, and proceed to relet said printing
as is provided in this and the preceding section, or they may, if they think it
to the best interests of the State, contract with any responsible party or parties
who file a bond or bonds for the execution of the work as provided in the pre-
ceding section; should the commissioners advertise the second time for pro-
posals and they are satisfied there has been collusion between the bidders, or
the lowest bid or bids are too high, they may reject any or all of such bids, if in
their opinion it will be for the best interests of the State, and contract with any
party or parties who file a bond or bonds as above provided for the execution
of the class or classes of printing not awarded. Nothing herein contained shall
be construed so as to prevent the same person from becoming contractor for
two or more classes of the printing if he shall be the lowest bidder therefor,
but the commissioners shall not except as may be otherwise provided herein
be bound to award more than one class of printing to one person or firm, if in
their judgment such person or firm has not the proper facilities for doing said
printing expeditiously, and the interests of the state will be best served by
having the several classes printed by separate contractors, but no class or con-
tract for part of a class shall in any case be awarded otherwise than to the
lowest and best bidders thereof [therefor]. If two or more persons shall bid
the same and the lowest price for any class or classes of the printing, the com-
missioners shall award the contract to such one or more of them as in their
opinion will best subserve the interests of the state, having reference, however.
to a division of the work as far as practicable, among the several lowest bidders
as aforesaid. If two or more bidders shall propose for the same contract, and
the proposal of one shall be lower on composition, and that of another lower on
presswork, then the commissioners shall make a strict computation, based on
the work of the same class of printing of the preceding year, and assign the
contract for such class to the lowest aggregate bidder, for such class as shall
appear by such computation; provided, however, that in the notice for pro-
posals prescribed in section three hundred and twenty, it shall be the duty of the
commissioners of public printing of [to] state the time within which all the
printing included in the second, third, fourth, sixth and seventh classes shall
be completed after the manuscript for the same has come into the hands of the
printer, and no contract therefor shall be awarded, unless the same contains an
agreement fixing the time for the completion of all the printing included in
the second, third, fourth, sixth and seventh classes after the manuscript for
the same has come into the hands of the printer. And should, in the judgment
of the commissioners of public printing, the time so fixed, at any time prove
unreasonable or inequitable, the said commissioners are authorized to extend
said time, the period for the printing of no book or report to exceed six
months. And said commissioners are hereby authorized to reject any or all
253
Tit. III, Ch. 11.
SUPERVISOR OF PUBLIC PRINTING.
§ 322-326.
bids, if in their judgment the bidder has not proper facilities for the doing of
said printing. All printing under this section must be executed within the
state, and all appertaining to the first and fifth classes must be executed at the
city of Columbus. The necessary expense of the transportation of paper, proof
or printed sheets, to and from Columbus, shall be defrayed by the contractor.
[91 v. 401; 83 v. 204; 78 v. 184; Rev. Stat. 1880; 63 v. 190, § 4; (S. & S. 620 ;
S. & C. 1202).]
SEC. 322. [Specifications: first class.] The bills, resolutions, and other
matters specified in the first class of printing, shall be printed in folio foolscap
form, with small pica type, each page to contain not less than thirty lines of
solid matter of the usual length, with a great primer reglet only in each space
between the lines; and in counting the composition upon the bills, resolutions,
and other matters contained in the first class, the same shall be measured as
solid small pica matter: every necessary fraction of a page shall be counted as
a full page, but no entire blank page can be counted or charged for. [57 v. 88,
$5; S. & C. 1202.]
SEC. 323. [Second class.] The journals of the two branches of the
general assembly, specified in the second class, shall be printed in super-royal
octavo form, on neat long primer type, with at least two thousand ems in a
page, without any unnecessary leads, blank or broken lines or pages. [57 v.
88, § 6; S. & C. 1202.]
SEC. 324. [Third class.] The volumes of public documents and
reports, communications, and other matters specified in the third class, shall
be printed on the same kind of type, and the pages shall be of the same size as
required for the journals in the preceding section; and so much of the annual
reports of the officers of the executive departments, and of the superintendents
of the public institutions, as contain the remarks of those officers, may be
single-leaded with leads not exceeding in thickness six to pica; the volumes of
public documents shall contain nothing that is to be inserted in the laws and
journals of the same year; and the various reports, communications, and other
documents inserted therein, shall follow each other in as close, compact order
as is consistent with good workmanship, without the intervention of unneces-
sary blanks or separate title or half-title pages; and the ging thereof shall
be consecutive; and at the conclusion there shall be an indo, referring to the
particular page at which each separate document commences; and in all cases
where any document is printed in pamphlet form by order of the general
assembly, or either branch thereof, by the contractor for the printing of the
volumes of public documents, which is also inserted in the volume of public.
documents, and in all cases where any such document is printed in pamphlet
form by the contractor for the printing of the journals which is also printed in
the journals, but one charge shall be made or allowed for the composition
thereof. [57 v. 88, §7; S. & C. 1203.]
SEC. 325. [Style of printing the annual laws.] The laws specified in
the fourth class shall be printed in super-royal octavo form, on good long
primer type, the pages to be of the same size and form as those of the journals
and documents specified in the two preceding sections, with marginal notes
to the general laws in brevier or nonpareil type. [1887, February 3: 84 v. 12;
Rev. Stat. 1880; 57 v. 88, § 8; (S. & C. 1203).]
SEC. 326. [Fifth class.] The printing for the executive departments,
embraced in the fifth class, shall be executed in a style consistent with good
workmanship, and with due reference to economy. In estimating the compo-
sition, all work in script type, or of which script is the chief kind used, shall
be estimated as pica, and measured by the surface actually covered, not by the
size of the sheet used. All open work, such as letter-heads, blank deeds, and
the like, shall be estimated in the same manner; but no job shall be counted
254
5
§§ 327-328.
SUPERVISOR OF PUBLIC PRINTING. Tit. III, Ch. 11.
as less than one thousand ems. All work in other than script type shall be
estimated according to the type actually used; and when different kinds are
used in a single job, it may be measured and estimated proportionately for the
different kinds used. In estimating press work, in the fifth class, a quire shall
be considered twenty-four impressions of a side, or a page, as the case may be,
of twenty-four full sheets of such paper as the proper officer may furnish, with
such matter as the printer is directed to put upon it; but no job of press-work
shall be estimated at less than one quire. [57 v. 88, § 9; S. & C. 1203.]
SEC. 327. [General provisions as to estimates of work done, etc.] In
estimating the composition of all pamphlets, laws, journals, and volumes of public
documents, every necessary fraction of a page shall be counted as a full page,
but no entire blank page shall be counted or charged for; and if in any branch
of the printing tabular statements occur which it is impracticable to print on
the ordinary sized pages the same shall be printed on tabular sheets of the
necessary size, and the amount of composition on the same shall be ascer-
tained by measuring the printed surface, and thereby ascertaining the number
of ems.
All figure work requiring additional justification in each line, and
all rule work requiring the fitting in of rules, shall be allowed one price and a
half, and for all rule and figure work double price for composition shall be
allowed, the same to be ascertained by strict measurement and count; but one
charge shall be made for the composition of all documents ordered to be printed
by both branches of the general assembly, and no charge or allowance shall be
made for composition when extra or additional copies are ordered to be printed.
In estimating the press-work of pamphlets, laws, journals, and volumes of public
documents, the token shall consist of two hundred and fifty impressions of a
form of sixteen pages, or one hundred and twenty-five sheets of double super-
royal paper printed on both sides, or two hundred and fifty sheets of the same
printed on one side only; but if any document make less than sixteen pages,
or if the last form of any document be not a full form of sixteen pages, the
same shall be counted as a full form. [57 v. 88, § 10; S. & C. 1203.]
SEC. 328. [Failure to execute contract; fraudulent or exorbitant
contract may be set aside.] The secretary of state shall give prompt notice
to each successful bidder that his proposals have been accepted. If, from death
or other cause the successful bidder fails to execute his contract, or fails to
execute the work embraced therein, with reasonable promptness and in a
suitable manner, or if, for any cause, the contract has been set aside or aban-
doned, or the execution thereof temporarily suspended, the commissioners of
public printing, or a majority of them, may enter into a contract with some
other person to execute the work, having reference to the lowest price at
which the same can be done with promptness and accuracy; and if the
reletting of the work be in consequence of the misconduct or default of the
contractor, written notice thereof, before such reletting, shall, if practicable, be
given by the commissioners of public printing to such contractor. If the
commissioners of public printing have reason to believe that at any letting of
contract for printing the bidding therefor is unfair, fraudulent, or exorbitant,
they shall, if they deem it for the interest of the state, set aside such bidding,
and relet the work, in pursuance of sections three hundred and twenty and three
hundred and twenty-one; and in the meantime they shall provide for the print-
ing for the use of the state upon such terms and in such manner as they may
deem most advantageous for the state; and the provisions of this section are
in all respects applicable to the letting and reletting of the binding, and confer
upon the commissioners of public printing and secretary of state the same
powers in respect to the public binding as are conferred in respect to printing.
[63 v. 190, § 11; S. & S. 621; (S. & C. 1204).]
255
Tit. III, Ch. 11. SUPERVISOR OF PUBLIC PRINTING.
$$ 329-332.
SEC. 329. [Contracts for German printing: how and by whom let.]
The commissioners of public printing shall, at the same time and in the same
manner as is prescribed in sections three hundred and twenty, and three hundred
and twenty-one, give notice that sealed proposals will be received at the office of
the secretary of state for the printing, in the German language, of all documents
ordered to be printed in that language, by the general assembly, or by either
branch thereof, which proposals shall distinctly state the price per thousand
ems for composition, the price per token for press work, and the price per
thousand words for the translation, at which the bidder is willing to perform
the work; and the commissioners of public printing and the contractor for
the German printing shall be governed by the same rules regarding the notices,
the bonds, the contract, the execution of the work, and the expense of trans-
porting copy, paper, proofs, and printed sheets, as specified in this chapter rela-
tive to printing in the English language. [1881, January 14: 78 v.
10; Rev.
Stat. 1880; 57 v. 88, § 12; (S. & C. 1204).]
SEC. 330. [Binding to be let in the same way.] The commissioners of
public printing shall provide for the necessary binding for the state in such
manner as they deem best, and upon such terms as will be most advantageous
to the state, for periods not exceeding one year; but before they award any
contract for such binding the contractor or contractors must execute a bond,
with two or more sufficient securities, in the sum of five thousand dollars, con-
ditioned for the faithful performance of the work specified in such contract;
and the commissioners of public printing and the contractor or contractors for
binding shall be governed by the same rules, so far as applicable, regarding the
execution of the work, and the transportation of sheets and bound copies and
documents, as specified herein relative to contracts for printing. [63 v. 190,
§ 13; S. & S. 621; (S. & C. 1204).]
SEC. 331. [How journals, etc., bound; binding shall include collating,
etc.] The journals, executive documents, and laws required to be printed and
put up in book form, shall be bound in half law binding, and each journal and
its appropriate appendix shall be bound in the same volume, unless, in the
opinion of the commissioners of public printing, the same will make a volume
too large for convenience, in which case each journal shall be bound separately,
and the appendixes shall be bound separately or together, as the commission-
ers direct. Counting, folding, stitching, and binding, include collating, dry-
ing, and pressing, and no charge shall be made for collating, drying, and press-
ing. [57 v. 88, §§ 14, 15; S. & C. 1205.]
SEC. 332. [Time within which work must be done.] The contractor
for the printing of bills, resolutions, and other matter to be printed in bill form,
shall promptly, and without delay, execute all orders of the general assem
bly, or either branch thereof, for the printing of all bills, resolutions, and
other matter; and all contractors under the provisions of this chapter
shall, promptly and without unnecessary delay, execute all orders to them issued
by the general assembly, or either branch thereof, or the executive officers of
the state; and the laws and volumes of public documents shall be delivered to
the contractor for the folding, stitching, and binding, on the order of the secre-
tary of state, within thirty days after the adjournment of the general assembly;
and the journals of the two branches shall likewise be delivered within ninety
days after the adjournment of the general assembly; and the contractor for fold-
ing, stitching, and binding shall, within thirty days after the receipt thereof,
execute the folding, stitching, and binding, and deliver to the secretary of state
the volumes bound, under the penalty of the forfeiture of his bond; but the
commissioners of public printing, may, on good cause shown by any such con-
tractor, extend the time, not exceeding twenty days, for executing his contract.
[57 v. 88, § 16; S. & C. 1205.]
256
$$ 333-338.
SUPERVISOR OF PUBLIC PRINTING. Tit. III, Ch. 11.
SEC. 333. [Contractor for printing shall file copy of all work printed,
and his accounts therefor, with supervisor.] Each contractor for any class
of the public printing shall file and preserve one copy of each document, or
other matter, by him printed for the state, which he shall deliver to the super-
visor of public printing, with his account for the same; in which account shall
be specifically stated the various jobs performed, the number of copies of each
job, the number of ems composition in each, the extra charge, if any, for rule,
or figure, or rule and figure work, the number of tokens or quires of press-work
in each, designating whether ordered by the senate, the house, or jointly by
both, or by other officers, or agents of the state, together with the kind and
quantity of paper used for each job. [57 v. 88, § 18; S. & C. 1206.]
SEC. 334. [And contractor for binding.] Each contractor for the fold-
ing, stitching, covering, and binding, shall file and preserve one copy of every
document, or other matter, by him folded, stitched, or bound, which he shall
deliver, together with his account for the same, to the supervisor of public
printing, which account shall specifically state each item, and the number of
copies of each bill, pamphlet, resolution or document, folded, stitched, or cov-
ered, and the number of copies of laws, journals, and documents bound. [57 v.
88, § 19; S. & C. 1206.]
SEC. 335. [Duties of supervisor under the two preceding sections;
accounts to be indorsed by commissioners.] All accounts filed under the
two preceding sections shall be carefully examined by the supervisor of public
printing, and compared with the vouchers therefor, and the orders for the same.
If any errors be found in such account, by the supervisor, he shall immediately
correct them, and return it to the contractor who rendered it; and when the
account is finally corrected and adjusted, he shall certify the same to the com-
missioners of public printing, and on the indorsement of the same by them it
shall be allowed and paid. [57 v. 88, § 20; S. & C. 1206.]
SEC. 336. [Delivery of work.] Each contractor for any branch of the
state printing shall deliver over to the supervisor of public printing, or on his
order to the proper contractor for binding, in good order, all copies of work
ordered to be printed by the executive departments. The contractor for bind-
ing shall deliver all copies of documents bound by him to the proper depart-
ment, or to the supervisor of public printing. [57 v. 88, § 21; S. & C. 1206.]
SEC. 337. [Delivery of paper to contractors, and their accounting for
it.] The paper for the state printing, aforesaid, shall be provided by the state;
and the secretary of state shall, upon the requisition of the supervisor of public
printing, from time to time, as the same may be needed, deliver over to each
contractor suitable paper for the printing which he is required by his contract to
do: he shall take and preserve, from each contractor, a receipt for all paper so
delivered; and at the annual settlement, on or before the first Monday in
November, each contractor shall deliver to the secretary of state all paper
which has not been used in the state printing; and if any such paper has been
wasted or converted to any other use, the contractor to whom the same has been
delivered shall be charged with the value thereof, together with the penalty of
fifty per cent., and the amount shall be deducted from his account. [57 v. 88,
§ 22; 76 v. [132], § 27; S. & C. 1206.]
SEC. 338. [Copy of laws, etc., shall be furnished to the printer.] The
secretary of state shall furnish a true and accurate copy of the laws, as they are
demanded by the printer thereof; and the clerks of the respective branches of
the general assembly shall each furnish to the printer who is bound by his con-
tract to print the same, copies of the journals, bills, reports, and other papers,
and documents, without unnecessary delay; and no contractor shall be account-
able for any delay occasioned by the want of such copy. [57 v. 88, § 23:
S. & C. 1207.]
257
Tit. III, Ch. 12. STATE LIBRARY COMMISSIONERS.
§§ 339-342.
SEC. 339. [Clerks of general assembly shall make indexes and read
proofs.] In printing the journals of the senate and house of representatives,
the clerk of the senate and the clerk of the house, of the respective sessions
of the general assembly, shall prepare indexes to the printed and recorded
journals of the senate and house, and attend to reading the proof-sheets of the
same. [57 v. 88, § 24; S. & C. 1207.]
SEC. 340. [Other prirting and binding may be let in the same way.]
Any printing or binding required to be done for the state, not embraced in the
foregoing provisions, shall be subject to the provisions of this chapter; and the
commissioners of public printing may advertise for proposals therefor, and let
the same as aforesaid, whether provided for by law or resolution. [59 v. 86,
§1; S. & S. 619.]
SEC. 341. [Agricultural reports shall be printed and distributed by
July 1st.] It shall be the duty of the secretary of the state board of agricul-
ture to furnish to the supervisor of public printing all matters for the annual
volume of the state agricultural report, not later than March 15th of each year,
and it shall be the duty of the commissioners of public printing to so arrange in
letting contracts for public printing, folding, stitching and binding that the agri-
cultural reports of the state shall be completed and delivered to the secretary
of state by the first day of June, annually, and to be by him forwarded to the
parties entitled to receive the same by the first day of July following. [88 v.
263; 66 v. 28, § 1.]
The
SEC. 341a. [Bulletins Ohio agricultural experiment station.]
bulletins of the Ohio agricultural experiment station shall be printed under
the direction of the supervisor of public printing, and paid for out of the
appropriation for state printing; said bulletins to be printed in advance of other
matter, except crop reports of the state board of agriculture; provided, that the
average monthly editions of such bulletins shall not exceed sixty thousand copies;
that the total number of pages in such bulletins, and the annual report of the
stations, shall not exceed five hundred in any one year; said bulletins to be
delivered by the supervisor of public printing to the director of the experiment
station, and by him distributed; provided, that each member of the general
assembly shall be entitled to three hundred copies of each issue of such bulletins,
to be delivered to him, or to be forwarded to the persons whose names are given
said director by each of said members. [88 v. 263.]
CHAPTER 12.
STATE LIBRARY COMMISSIONERS.
SECTION
342. Library commissioners: appointment; term;
vacancies; non-compensation.
343. Annual expenses; payment.
344. Management of library; appointment and re-
moval of librarian and assistants; rules.
Bonds of librarian and assistants.
Secretary of board.
345.
316.
347. Duties of librarian.
Employment of counsel, see ? 202.
SECTION
318. Advice to free public library boards.
Delivery of documents to board; style of bind-
ing.
349.
350. Exchange of publications; statutes.
351. Distribution of state publications.
352. Expenditures of appropriations.
353. Annual report of board.
For an act to authorize the governor, auditor of state, attorney-general, railroad comm'r,
and state librarian to sell property deeded to state by Albert A. Bliss et al.," see 81 v. 175.
For"
an act to authorize the governor, auditor of state, attorney-general, secretary of
state, and the state librarian to plat and sell certain lands situate in Columbus, see 82 v. 62.
For "an act providing for the distribution of state publications through the state
library," see? (76-1) et seq.
SEC. 342. [Board of library commissioners: appointment; term; va-
cancies; non-compensation.] The governor with the advice and consent of
the senate shall appoint three persons, residents of the state, who shall consti-
18
258
SS343-351.
STATE LIBRARY COMMISSIONERS.
Tit. III, Ch. 12.
tute a board of library commissioners. One member of said board shall be
appointed for two years, one for four years and one for six years; and there
after the term of office shall be six years. All vacancies on said board to be
filled by the governor by and with the advice and consent of the senate. The
members of the board shall receive no compensation for their services. [92 v
291; 51 v. 320, §§ 1, 2, 3; S. & C. 830.]
SEC. 343. [Annual expenses of board; payments.] The board may
expend a sum not exceeding one thousand dollars annually, for clerical assisi
ance and incidental and necessary expenses, including traveling expenses in
the discharge of its duties; and all sums expended under the provisions of this
act shall be paid by the state treasurer on the warrant of the auditor of state.
after the bills therefor have been approved by the board. [92 v. 291.]
SEC. 344. [Management of library; appointment and removal of
librarian and assistants; rules.] The board of library commissioners shall
have the management of the state library, appoint and remove the librarian
with the consent of the governor, and said library commissioners with the con
sent of the librarian shall appoint the assistants in the library during their
pleasure. Make such rules for the government of the library and the use of
the books and other property of the library as they deem necessary. [92 v.
291; 51 v. 320, § 2; S. & C. 831.]
The librarian shall
SEC. 345. [Bonds of librarian and assistants.]
give bond to the state in the sum of ten thousand dollars, with sureties ap-
proved by the board of library commissioners, for the faithful discharge of his
duties and the delivery over to his successor of all the property of the state in
his possession. The assistants in the library shall be required to give bond to
the state in the sum of one thousand dollars. These bonds shall be deposited
with the treasurer of state. [92 v. 291; 51 v. 320, § 3; S. & C. 831.]
SEC. 346. [Secretary of board.] The librarian shall be secretary of the
board of library commissioners and shall perform all the duties belonging to
that position. [92 v. 291.]
SEC. 347. [Duties of librarian as custodian.] The librarian shall have
charge of the state library, giving his personal attention and attendance to it
and carrying out and enforcing the rules and regulations made therefor by the
general assembly and the board of library commissioners. [92 v. 291; 51 v.
320, § 6; S. & C. 831.]
SEC. 348. [Advice as to organization and maintenance of free public
library.] The librarian or trustees of any free public library, may ask said
board of library commissioners for advice as to all matters pertaining to the
organization, maintenance or administration of the library; and the board
shall give such advice and personal attention as it shall find practicable.
[92 v. 291.]
SEC. 349. [Delivery of documents to board; style of binding.] The
supervisor of public printing shall deliver to the board of library commis-
sioners, as many copies of each report and other documents, as may be pro-
vided by law. These copies are to be bound in the best style of binding, that
may be ordered by the state in each case. [92 v. 291.]
SEC. 350. [Exchange of publications; statutes.] The board of library
commissioners shall arrange for the exchange of the Ohio publications with as
many of the states as possible, with the general government; and with other
governments; with societies and others as they see fit, placing all exchanges
received in the state library, except that all statutes received, not already in
the law library, are to be transferred to the law library. [92 v. 291; 51 v. 320,
§ 9; S. & S. 832.1
SEC. 351. [Distribution of state publications.] The board of library
commissioners may send to any university, college, public library society or
individual copies of state publications, at their discretion. [92 v. 291.]
259
Tit. III, Ch. 13.
COMMISSIONER OF SCHOOLS.
$$ 352-356.
SEC. 352. [Expenditures of appropriations.] The board of library
commissioners shall superintend and direct all expenditures of appropriations
made for the library. [92 v. 291.]
SEC. 353. [Annual report of board.] The board of library commis-
sioners shall annually make a report to the governor of all receipts and expen-
ditures and of the condition of the library, and all other matters in relation
thereto, that they deem expedient for the information of the general assembly;
and their report shall be transmitted, by the governor, to the general assembly.
[92 v. 291; 51 v. 320, § 11; S. & C. 832.]
SECTION
CHAPTER 13.
STATE COMMISSIONER OF COMMON SCHOOLS.
SECTION
356. liis office: books and papers; prohibitions.
357. His duty to visit teachers' institutes, etc.
354. State commissioner of common schools: election and
term of; proviso.
360. Shall cause school laws, with forms, etc., to be
printed and distributed.
355.
Bond.
361.
Annual report of commissioner of schools,
362.
What the report shall contain.
363.
358. His supervision over school funds and school
officers.
364.
365.
366.
Shall require reports from private schools, etc.
His duty on complaint of fraudulent use of
money; appointment of examiner.
Powers, duties, and compensation of examiner.
Duty of judge and prosecuting attorney.
359. Shall prepare and transmit forms and instruc-
tions.
Duty to procure school text books for examination by state school book board.
? (4019—1).
School books to be submitted to before purchase by board of education, see 2 (4019-11).
When he shall grant permission to school districts to maintain day schools for deaf
children, see? (4009-9). Also may require reports as to same, see? (4009—10).
To select inspector of day schools for deaf children, see? (4009—14).
Also to appoint teachers of same, see? (4009—13).
Employment of counsel, see ? 202.
SEC. 354. [State commissioner of common schools: election and
term of; proviso.] There shall be elected, triennially, at the general elec-
tion for state officers, a state commissioner of common schools, who shall
hold his office for the term of three years from the second Monday of July
succeeding his election; and in case of a vacancy occurring by death, resig-
nation or otherwise, the governor shall fill the same by appointment. Pro-
vided, that the state commissioner of common schools now in office shall
continue to hold his office until three years from the second Monday of
July succeeding his election. [1884, March 27: 81 v. 89; Rev. Stat. 1880;
70 v. 195, § 102; (S. & C. 1362).]
See ? 4065 as to the appointment of state board of examiners by the state commissioner
of common schools.
SEC. 355. [His official bond, and oath.] Before entering upon the dis-
charge of his official duties, the commissioner shall give bond in the sum of,
five thousand dollars to the state, with two or more sureties, to the acceptance
of the secretary of state, conditioned that he will truly account for and apply
all moneys or other property which may come into his hands in his official
capacity, and that he will faithfully perform the duties enjoined upon him
shall
according to law; which bond, with his oath of office indorsed thereon,
be filed with the treasurer of state. [70 v. 195, § 103; (S. & C. 1362).]
See 27.
SEC. 356. [Office; books and papers; prohibitions.] The books and
papers of his department shall be kept at the seat of government, where a
suitable office shall be furnished by the state, at which he shall give attendance
not less than ten months in each year, except when absent on public duty;
and he shall not, while holding the office of state commissioner of common
schools, perform the duties of teacher or superintendent of any public or
260
§§ 357-362.
COMMISSIONER OF SCHOOLS.
Tit. III, Ch. 13.
private school, or be employed as teacher in any college, or hold any other
office or position of emolument. [90 v. 13; 70 v. 195, § 104; (S. & C. 1362).]
SEC. 357. [His duties in visiting the several judicial districts.] The
commissioner shall visit, annually, each judicial district of the state, super-
intending and encouraging teachers' institutes, conferring with boards of educa-
tion or other school officers, counseling teachers, visiting schools, and delivering
lectures on topics calculated to subserve the interests of popular education.
[70 v. 195, § 105; (S. & C. 1362).]
SEC. 358. [His supervision over school funds; may require reports
from certain officers.] He shall also exercise such supervision over the
educational funds of the state as is necessary to secure their safety and right
application and distribution according to law. He has power to require of
county auditors, boards of education, clerks and treasurers of boards of educa-
tion, or other local school officers, and county treasurers, copies of all reports by
them required to be made, and all such other information in relation to the
funds and condition of schools and the management thereof as he deems
important. [70 v. 195, § 106; (S. & C. 1362).]
SEC. 359. [Shall prepare forms, etc.] He shall prescribe suitable forms
and regulations for making all reports and conducting all necessary proceed-
ings under the school laws, and cause the same, with such instructions as he
deems necessary and proper for the organization and government of schools, to
be transmitted to the local school officers, who shall be governed in accord-
ance therewith. [70 v. 195, § 107; (S. & C. 1363).]
SEC. 360. [Duties as to distribution of school laws, etc.] He shall
cause as many copies of the laws as are necessary, relating to schools and
teachers' institutes, with an appendix of appropriate forms and instructions
for carrying into execution all such laws, to be printed in a separate volume, and
distributed to each county with the laws, journals, and other documents, for
the use of the school officers therein, as often as any change in the laws is
made of sufficient importance, in the opinion of the commissioner, to require
a republication and distribution thereof. [70 v. 195, § 108; (S. & C. 1363).]
As to the force and effect of instructions printed in a book prepared in pursuance of this section, see
State v. Treasurer German Tp., 2 C. C. 366.
SEC. 361. [Annual report of commissioner of schools.] He shall
make an annual report, on or before the fifteenth day of November, to the
general assembly, when that body is in session, and when not in session the
report shall be made to the governor, who shall cause the same to be published,
and shall also communicate a copy thereof to the general assembly at the
beginning of the next session. [1888, April 11: 85 v. 192; Rev. Stat. 1880;
70 v. 195, § 109; (S. & C. 1363).]
SEC. 362. [What it shall present.] In his annual report he shall present
a statement of the condition and amount of all funds and property appro-
priated to purposes of education; a statement of the number of common
schools in the state, the number of scholars attending such schools, their sex,
and the branches taught; a statement of the number of private or select schools
in the state, so far as the same can be ascertained, and the number of scholars
attending such schools, their sex, and the branches taught; a statement of the
number of teachers' institutes, the number of teachers attending them, and the
number of instructors and lecturers, and the amount paid to each; a statement
of the estimates and accounts of the expenditures of the public school funds
of every description; a statement of plans for the management and improve-
ment of common schools, and such other information relative to the educa-
tional interests of the state as he deems of importance. [70 v. 195, §110;
(S. & C. 1363).]
As to the duty of county auditors in transmitting abstracts of school statistics to state
commissioner of common schools, see ? 4060.
261
Tit. III, Ch. 13.
COMMISSIONER OF SCHOOLS.
§§ 363-366.
SEC. 363. [Shall require reports from private schools, etc.] He shall,
annually, require of the president, manager, or principal of every seminary;
academy, and private school, a report of such facts, arranged in such form as
he prescribes, and shall furnish blanks for such reports; and it is made the
duty of every such president, manager, or principal, to fill up and return such
blanks within the time the commissioner directs. [73 v. 225, § 1.]
SEC. 364. [Duties of commissioner on complaint of fraudulent use of
money, etc.; appointment of an accountant to investigate charges.] When
a complaint is made to the state school commissioner, in writing, verified by
the affidavits of at least three freeholders and tax-payers, resident of any school
district in the state, alleging that they have good reason to and do believe that
any portion of the school fund of such district has been expended contrary to
law, or has been fraudulently, unlawfully, or corruptly used, or misapplied, by
any of the officers of such district, or that there have been fraudulent entries
in the books, accounts, vouchers, or settlement sheets thereof, by any of such
officers, or that any of such officers have not made settlement of their accounts
as required by law, he is authorized and required to appoint some trustworthy
and competent accountant, for the purpose of investigating such complaint,
who shall forthwith visit such school district and take possession of all the
books, papers, vouchers, and accounts of such district, and investigate the truth
of the allegations of such complaint, and the condition of the school fund of
such district; and the several officers of such school district, on the applica-
tion of such examiner, shall immediately place in his possession all their books,
accounts, contracts, vouchers, and other papers having reference to the receipt
and disbursement of the school funds; and the county auditor and county
treasurer shall give such examiner free access to all the records, books, papers,
vouchers, and accounts in their respective offices having reference to the object
of such investigation. [72 v. 82, § 1.]
SEC. 365. [Powers and duties of examiner; his compensation; pay-
ment thereof.] Such examiner shall have authority to call before him forth-
with, upon written notice, and examine witnesses, under oath, to be admin-
istered by him; and he shall, immediately after completing such investigation,
report in writing, in duplicate, setting forth the condition of the books,
vouchers, and accounts of such district, the amount of school funds received
for any and all purposes, and from whatever source, the amount expended, and
for what, and the amount actually in the treasury, one copy of which report he
shall file in the office of the clerk of the court of common pleas of the county
in which such district is situate, and the other copy he shall transmit to the
state commissioner of common schools at Columbus; and the examiner so
appointed and performing the duties herein required, shall receive as compen-
sation a per diem of three dollars for each day necessarily engaged in the per-
formance of his duties, and shall also receive five cents for each mile by him
necessarily traveled in that behalf; but no mileage shall be allowed for a greater
distance than from Columbus to such district; and such compensation and
mileage shall be paid out of the county treasury upon the warrant of the
county auditor, and if the investigation establish the truth of any material
allegation in such complaint, then such amount so paid shall be assessed by
the county auditor upon the taxable property of the district, to be collected as
other taxes are for the use of such county treasurer. [72 v. 82, § 2.1
SEC. 366. [Adverse report of examiner to be given in charge to the
grand jury; duty of prosecuting attorney.] The judge of the court of
common pleas of the proper county shall examine the report so filed in the
clerk's office, as provided in section three hundred and sixty-five, and if it appear
therefrom that any part of the common or school fund has been fraudulently,
unlawfully, or corruptly used or misapplied, or that there has been fraud in
262
+
SS 367-394.
STATE INSPECTOR OF OILS. Tit. III, Chs. 14-15.
any of the entries, accounts, vouchers, contracts, or settlements, or that the
settlements have not been made as required by law, or that there appears any
defalcation or embezzlement on the part of any of the officers of such school
district, he shall give the report specially in charge to the grand jury at the
term of the court of common pleas next after the filing of the same; and the
prosecuting attorney of such county shall forthwith institute and carry forward
such proceedings, civil or criminal, or both, against the delinquent officer or
officers of such district as is authorized by law. [72 v. 82, §3.]
See court of common pleas, ? 456 et seq. See prosecuting attorney, ? 1267 et seq. See
grand jury, ? 7189 et seq.
CHAPTER 14.
SECS. 367-393.
INSPECTOR OF LEAF TOBACCO.
[Repealed 1881, April 20: 78 v. 257. Former statutes:
Rev. Stat. 1880; 74 v. 222.]
Section 2 of the act of April 20, 1881 (78 v. 257), is as follows:
"SEC. 2. [Sale of state tobacco warehouse.] That the auditor of state, secretary of state, and attorney-
general are hereby authorized to have the state tobacco warehouse at Bellaire and the land upon which it is
located appraised by three disinterested freeholders of the state of Ohio, who shall not be residents of Bel-
mont county, Ohio, selected by said officers for that purpose. Before proceeding to perform their duties, said
appraisers shall take an oath to faithfully perform their duties as such; after such appraisement shall have
been made, said officers shall proceed to advertise for sealed proposals for the sale of said property, in such
manner as may seem to them for the best interest of the state, and to sell the same to the highest and best
bidder on the following terms, to wit: one-third cash, and the balance in two equal annual payments with
interest at six per cent. on deferred payments secured by mortgage on premises sold; provided, said sale shall
not be for less than three-fourths of the appraised value of said property, and that said officers may reject
any and all bids."
CHAPTER 15.
STATE INSPECTOR OF OILS.
SECTION
SECTION
394. Manner of inspection of petroleum oils.
395. Inspectors of oils: appointment and term of;
empowered to appoint deputies; unlawful
sales; re-inspection.
398. For use of uninspected oil.
399. For selling casks without defacing brand.
400.
Oils shall not be adulterated.
401.
Responsibility of dealers in oils.
396. Oath and bond of inspectors and deputies; fees
of record of inspection to be kept; annual
report of inspectors.
402.
Duties of inspectors and deputies as to violations of
law.
403.
397. Penalty for sale of uninspected oils; for using
false brands, etc.
Inspector or deputy not to traffic in oils; disputes:
to whom submitted.
404.
Liability for damages,
Employment of counsel, see 2 202.
SEC. 394. [Manner of inspection of petroleum oils.] All mineral or
petroleum oil, or any oil fluid or substance which is a product of petroleum,
or into which petroleum or any product of petroleum enters or is found
as a constituent element, whether manufactured within this state or not,
shall be inspected, as provided in this chapter, before being offered for sale
or sold for consumption for illuminating purposes within the state, and such
inspection shall be conducted as herein provided, in the following manner:
The test shall be made in a test cup of metal or glass, cylindrical in shape,
two and a quarter inches in diameter, and four inches deep, both measure-
263
Tit. III, Ch. 15.
STATE INSPECTOR OF OILS.
§ 394.
ments being made inside the cup, and this cup shall be filled to within one-
quarter of an inch of the brim with the oil or other substance to be tested,
taken at the ordinary temperature; the cup shall be placed in a water-bath
sufficiently large to leave a clear space of one inch under the cup, and three-
eighths of an inch around it, and in such manner as to project about one-quar-
ter of an inch above the water-bath; the space between the cups and the water-
bath shall be nearly filled with cold water taken at the ordinary temperature.
and the cup being placed in the water-bath, the latter shall be heated by an
alcohol lamp, with its flame so graduated that the rise in temperature from
sixty degrees Fahrenheit to the highest heat test temperature shall not be less
than two degrees per minute, and shall be as near two degrees per minute as is
practicable, and shall in no case exceed four degrees per minute. A Fahrenheit
therinometer shall be suspended in such a manner that the upper surface of
its bulb shall be as near as practicable one quarter of an inch below the sur-
face of the oil undergoing test; as soon as the temperature reaches the point of
ninety-eight degrees Fahrenheit, the lamp shall be removed from under the
water-bath, and the oil shall then be allowed to rise to the temperature of one
hundred degrees Fahrenheit, by the residual heat of water, and at that point
the first test for flash shall be made as follows: a taper, hereinafter described,
shall be lighted and the surface of the oil shall be touched with the flame of
the taper, and it is lawful to apply this flame, either to the center of the oil
surface or to any or all parts of it, but the taper itself shall not be plunged into
the oil, and if no flash takes place upon the first contact of the flame with the
oil, the taper shall not be held in longer contact, but shall be immediately
withdrawn; if no flash takes place at the temperature of one hundred degrees
Fahrenheit, the lamp shall be replaced under the water-bath, and the tempera-
ture raised to one hundred and three degrees, when the lamp shall be again
withdrawn, and the oil allowed to rise to one hundred and five degrees by the
residual heat of the water, when the test shall be made at one hundred and
five degrees by again applying the flame of the taper as herein before specified;
if no flash occurs, the test shall be repeated as often as the oil gains five
degrees in temperature, three degrees with the lamp under the water-bath, and
two degrees with the lamp removed; these tests shall be repeated until a flash
is obtained; the inspector shall further test the oil by applying the taper at
every two degrees rise, without removing the lamp or stirring, but if a flash is
obtained by this means by a less rise in temperature than five degrees herein
required, he shall at once remove the lamp, stir the oil, and immediately apply
the flame; the taper used for testing may be made of any wood giving a clear
flame, and it shall be made as slender as possible and with a tip not more
than one-sixteenth of an inch in thickness; no taper or match with sul-
phur upon it shall be used, unless the sulphur is removed before lighting;
when the taper is lighted it shall be applied to the oil immediately, that is to say,
before an ash or coal has had time to form on the end of the taper beyond the
flame, and in applying the taper the flame shall be made to touch the oil, but
the taper itself shall not be brought in contact with the oil, and if the taper is
so brought in contact with the oil, but not held there longer than for the space
of one second, and the oil flashes, the test shall not thereby be vitiated, but the
inspector shall immediately remove the lamp, and again test the oil by the
flame without allowing the body of the taper to touch the oil; no oil or other
substance, which, by the test herein described, flashes at any temperature
below one hundred and twenty degrees Fahrenheit, shall be allowed to be sold,
or offered for sale, or consumed for illuminating purposes in this state; but it
shall be deemed a sufficient compliance with the provisions of this section to
test the oil or oils herein described by an apparatus known as the "Foster
cup" or Foster's automatic oil tester; and it is lawful to sell, for illuminating
purposes, any oil or oils herein described, to be consumed within the state,
264
$395.
STATE INSPECTOR OF OILS.
Tit. III, Ch. 15.
which bear a flash test of one hundred and twenty degrees Fahrenheit, as
shown by said apparatus, and the state inspector is hereby authorized to sub-
stitute the test by the Foster cup or Foster's automatic oil tester, instead of
the test by the open cup, as herein provided, if, in his judgment, by such.
change a greater uniformity of test throughout the state will be secured. [1884,
April 11 81 v. 140; 77 v. 147; Rev. Stat. 1880; 75 v. 564, § 1.]
SEC. 395. [Inspectors of oils; appointment and term of; empowered
to appoint deputies; unlawful sales; reinspection.] For the purpose of in-
spection of oils, as provided in this chapter, the state of Ohio shall be and is
hereby divided into oil districts as follows:
The counties of Ashtabula, Lake, Cuyahoga, Lorain, Ottawa, Lucas, Fulton,
Williams, Defiance, Henry, Wood, Sandusky, Erie, Huron, Medina, Summit,
Portage, Geauga, Trumbull, Mahoning, Columbiana, Stark, Wayne, Seneca,
Hancock, Putnam, Paulding, Van Wert, Allen, Hardin and Wyandot shall
compose the first district.
The counties of Jefferson, Carroll, Harrison, Tuscarawas, Coshocton, Holmes,
Licking, Knox, Ashland, Richland, Crawford, Morrow, Delaware, Marion,
Union, Logan, Champaign, Shelby, Auglaize, Mercer, Darke, Miami, Clark,
Madison, Franklin, Muskingum, Guernsey, Belmont, Monroe, Noble, Wash-
ington, Morgan, Perry, Fairfield, Pickaway, Fayette, Greene, Montgomery,
Preble, Butler, Warren, Clinton, Hamilton, Clermont, Brown, Adams, High-
land, Ross, Pike, Scioto, Lawrence, Jackson, Vinton, Hocking, Athens, Meigs,
Gallia and the Pittsburg district shall compose the second district.
Immediately upon the taking effect of this act the governor shall appoint
by and with the consent of the senate two skilled and suitable persons who
are not interested in manufacturing, dealing or reducing illuminating oils
manufactured from petroleum, one of whom shall be the inspector of oils for
the first district of Ohio, and one of whom shall be the inspector of oils for
the second district of Ohio, whose term of office shall be for two years, to com-
mence from the fifteenth day of May, 1892, and continue until his successor
shall be appointed and qualified; and in case of a vacancy occurring by death,
resignation or otherwise, the governor shall fill the same as provided in section
twelve of the Revised Statutes of Ohio; provided that the present state inspec-
tor of oils shall continue in office and perform the duties of inspector of oils
under this act until May 15, 1892. The inspectors when so appointed and
qualified are empowered to appoint a suitable number of deputies who are
not interested in manufacturing, dealing or vending any illuminating oils
manufactured from petroleum, who are empowered to perform the duties of
inspection, and are liable to the same penalties as the inspector; and the
inspectors may remove any of the deputies for reasonable cause and appoint
others in their place; provided, that all deputy supervisors [inspectors] of oils
now in office shall remain and perform the duties thereof under this act until
May 15, 1892. The inspectors and their deputies shall provide themselves at
their own expense with the necessary instruments and apparatus, and stencils,
brands and stamps for testing and marking the quality of illuminating oils,
and when called upon for that purpose to promptly inspect all oils herein
mentioned, and to reject for iluminating purposes, for consumption in this
state, all oils which, by being adulterated with naphtha, benzine, paraffine
or other light oils or other substance, or for any other reason, will not stand
and be equal to the test herein prescribed. The inspector shall prepare the
forms of all stencils, brands and stamps provided for in this chapter, and also
such general regulations and rules for inspection, not inconsistent with the
terms and provisions of this chapter, and such rules and regulations shall be
uniform and binding on all deputy inspectors in both the districts of the state.
The inspectors and their deputies are required to test the quality of all min-
265
Tit. III, Ch. 15.
STATE INSPECTOR OF OILS.
§ 396.
eral or petroleum oils, or any oil, fluid or substance which is a product of
petroleum, or into which petroleum or any product of petroleum enters, or is
found as a constituent element, which is offered or intended to be offered for
sale for illuminating purposes in this state, and if, upon such testing or
examination, the same meets the requirements herein specified, the inspector
or his deputies shall affix by stencil or brand on any package, cask or barrel
containing the same, and by a stamp subscribed with his official signature, the
word "approved," with the date of such inspection; and it will then be law-
ful for any manufacturer, vender or dealer to sell the same to be consumed
within the state as an illuminator; but if the oil so tested does not meet such
requirements he shall mark by stencil or brand, in plain letters, on any pack-
age or barrel containing the same, and by stamp subscribed with his official
signature, the words, "rejected for illuminating purposes," giving the date of
such inspection; and it shall be unlawful for the owner thereof to sell oil so
branded as rejected, to be consumed within the state for illuminating purposes;
and if any person sells or offers for sale oil so rejected, he shall be deemed
guilty of a misdemeanor, and shall be subject to a penalty in any sum not less
than one thousand dollars, or be imprisoned in the county jail not exceeding
twenty days, or both. Oil inspected in one district in accordance with the
provisions of this act and approved shall not be subject to reinspection in the
other district, except in case of fraud, mistake or error in the original inspec-
tion; but in no case shall a second fee be charged for inspection. [89 v. 277;
81 v. 140, 142; 77 v. 147, 149; Rev. Stat. 1880; 75 v. 564, § 2; (S. & S. 402).]
SEC. 396. [Oath and bond of inspectors and deputies; fees of; record
of inspections to be kept; annual report of inspectors.] Whoever is
appointed inspector or deputy inspector, shall, before he enters upon the dis-
charge of the duties of his office, take an oath of office and file the same in the
office of the secretary of state. Each inspector must execute a bond to the
state in the sum of twenty thousand dollars, with sureties to be approved by
the secretary of state, conditioned for the faithful performance of the duties
imposed upon him by law, which bond shall be for the use of all persons in
any way aggrieved or injured by the acts or neglect of the inspector, and the
same shall be filed with the secretary of state. The deputy inspectors must each
execute a bond to the state, in the sum of five thousand dollars, with sureties
to be approved by the judge of probate of the county where the deputy is
located, and file the same with the clerk of the court of common pleas in the
county where he resides. Each inspector or deputy inspector is entitled to
demand and receive from the owner or party calling on him, or for whom he
performs the inspection, the sum of forty cents for a single barrel, package or
cask; twenty-five cents each when the lot does not exceed ten in number; fif-
teen cents each when the lot does not exceed twenty in number; ten cents
each when the lot does not exceed fifty in number; and five cents each for all
lots exceeding fifty barrels; and all fees so accruing shall be a lien on the oil
so inspected; each inspector, or deputy inspector, shall keep a true and accu-
rate record of all oils so inspected and branded by him, which record shall
state the date of inspection, number of barrels, and the name of the person for
whom inspected, and such record shall be open to examination of any and all
persons interested; and every deputy inspector shall, on the first Monday in
each month, make a true and accurate return to the chief inspector of his dis-
trict of all such inspections for the preceding month, giving the quantity in-
spected, the date of the inspection and the name of the persons for whom it
was inspected; on the second Monday of November of each year, each chief
inspector shall make and deliver to the governor a report of the inspection by
himself and deputies during the preceding calendar year. [89 v. 279; 81 v.
140, 143; 77 v. 147, 150; Rev. Stat. 1880; 75 v. 564, § 3.]
266
§§ 397-402.
STATE INSPECTOR OF OILS.
Tit. III, Ch. 15.
SEC. 397. [Penalty for sale of uninspected oils; for using false
brands, etc.] If any person for or as agent for any other person shall sell, or
attempt to sell, to any person in this state any such oils to be consumed within
this state for illuminating purposes, whether manufactured in this state or not,
before having the same inspected as provided in this chapter, he shall he fined
in any sum not less than one hundred and not exceeding three hundred dol-
lars; and if any person shall falsely brand any package, cask or barrel, as pro-
'vided in section three hundred and ninety-four, or shall refill and use any
package, cask or barrel having the inspector's brand thereon, without having
the oil therein inspected, he shall be fined in any sum not exceeding five hun-
dred dollars nor less than one hundred dollars, or be imprisoned in the county
jail not exceeding six months, or both, at the discretion of the court. [1884,
April 11: 81 v. 140, 143; 77 v. 147, 151; Rev. Stat. 1880; 75 v. 564, §4;
(S. & S. 402).]
SEC. 398. [For using uninspected oil.] Whoever knowingly uses for
illuminating purposes any oil or product of petroleum, except such oil known
as crude petroleum, before the same has been inspected and branded by a
chief inspector or his deputy, as hereinbefore provided, shall be fined in any
sum not exceeding one hundred dollars nor less than twenty dollars. [89 v.
279; 81 v. 140, 144; 77 v. 147, 151; Rev. Stat. 1880; 75 v. 564, § 5.]
SEC. 399. [For selling casks without defacing brand.] Any person
selling or dealing in illuminating oils produced from petroleum, who sells or
disposes of any empty barrel, cask or package which has been branded by the
inspector, or a deputy inspector, before thoroughly canceling, removing and
effacing the inspector's brand on the same, shall be fined fifty dollars ($50) for
each barrel, cask or package thus sold or disposed of. [1884, April 11: 81 v.
140, 144; 77 v. 147, 151; Rev. Stat. 1880; 74 v. 564, § 6.†
SEC. 400. [Oils shall not be adulterated.] No person may adulterate
with any substance whatever, for the purpose of sale, or for illuminating pur-
poses, any oil obtained from petroleum, or obtained from coal, in such manner
as to render it dangerous to use; nor shall any person knowingly sell or offer
for sale any oil obtained from petroleum, or from coal, or from the products
of either, for illuminating purposes within this state, which by reason of being
adulterated, or for any reason whatever, will flash at a temperature less than
one hundred and twenty degrees of Fahrenheit's thermometer and the test
herein prescribed; but oils not bearing the test herein prescribed, may be used
in street lamps for lighting streets or public wharves, ways or alleys, and also
the gas or vapor from such oils may be used for illuminating purposes, when
the oils from which said gas or vapor is generated, are contained in reservoirs
under ground, outside the building illuminated or lighted by the gas or vapor,
and a person violating any of the provisions of this section shall he punished
by imprisonment in any county jail not more than one year, or by fine not
exceeding five hundred dollars ($500), or by such fine and imprisonment at
the discretion of the court. [1884, April 11: 81 v. 140, 144; 77 v. 147, 151;
Rev. Stat. 1880; 75 v. 564, § 7.]
SEC. 401. [Responsibility of dealers in oils.] Whoever shall sell or keep
for sale, to be consumed in the state, any illuminating oil manufactured from
petroleum or its products, and not inspected as provided in this chapter, shall
be responsible to the party or parties injured for any violation of the provisions
of this chapter by himself or by any clerk or person in his employ, in the sale
of such oil. [1884, April 11: 81 v. 140, 144; 77 v. 147, 152; Rev. Stat. 1880;
75 v. 564, §8.]
SEC. 402. [Duties of inspector and deputies as to violations of law.]
Any inspector or deputy inspector who shall know of the violation of any of
the provisions of this chapter shall enter complaint before any court of com-
petent jurisdiction against any person so offending; and in case any inspector
267
Tit. III, Ch. 16.
COMMISSIONERS OF FISHERIES.
$$ 403-406.
or deputy inspector, having knowledge of the violation of the provisions of this
chapter, shall neglect to enter complaint as required by and provided for in
this chapter, he shall be fined in any sum not exceeding five hundred dollars,
and be removed from his position as such inspector or deputy inspector. [89
v 280; 81 v. 140, 145; 77 v. 147, 152; Rev. Stat. 1880; 75 v. 564, §9.1
SEC. 403. [Inspector or deputy not to traffic in oils; disputes: to whom
submitted.] No inspector or deputy inspector shall, while in office, traffic
directly or indirectly, in any article in which petroleum or other product
thereof is a constituent part, which he is appointed to inspect, and in case of
any violations of the provisions of this section by any inspector, or deputy
inspector, he shall be fined in any sum not exceeding five hundred dollars, and
be removed from his position as such inspector or deputy inspector. All ques-
tions of dispute arising between the inspectors and manufacturers or dealers,
shall be submitted to the professor of chemistry in the Ohio state university at
Columbus, for consideration, and his decision shall be final. [1884, April 11:
81 v. 140, 145; 77 v. 147, 152; Rev. Stat. 1880; 75 v. 564, § 10.]
SEC. 404. [Liability for damages.] Whoever shall knowingly sell or
cause to be sold, any oil mentioned in this chapter, for illuminating purposes,
which is below one hundred and twenty degrees Fahrenheit, when tested as
provided in section three hundred and ninety-four, shall be liable to any person
purchasing any of such oil, or to any person injured thereby, for all damages
resulting from any explosion thereof, and it shall be no defense that the
inspector's brand was upon the cask, or package or barrel from which the oil
was taken. [1884, April 11: 81 v. 140, 145; 77 v. 147, 152; Rev. Stat. 1880; 75 v.
564, § 11.]
Penalties as to use or sale of oil in barrels, see 22 6955, 6956.
CHAPTER 16.
COMMISSIONERS OF FISHERIES.
SECTION
405. Appointment; term; removals.
406. Bond, and oath.
407. Commissioners to serve without pay.
408. Duties.
Employment of counsel, see ? 202.
SECTION
409. Their annual report; appointment of fish and yume
wardens: their bonds; duty of wardens: assistants;
chief warden: his salary and expenses; his bond:
duty of chief warden; annual report of wardens :
compensation of wardens.
President of, may grant permits to take certain birds' eggs and nests for scientific pur!
poses, see 2 6960a.
License for net fishing in waters of Lake Erie, see ? (6968—2).
Lewistown reservoir, now known as Indian Lake, as to fish and game under supervision
of, see ? (218–268ƒ ).
SEC. 405. [Appointment; terms; removals.] The governor, by and
with the advice and consent of the senate, shall appoint five commissioners of
fish and game, of whom not more than three shall belong to any one political
party, one commissioner to serve for one year, one for two years, one for three
years, one for four years, and one for five years, and at the expiration of the
term of office of each member of the commission his successor shall be
appointed for five years, who shall severally hold their office for five years, any
one of whom may be removed by the governor at his pleasure. [1886, May 17:
83 v. 186; Rev. Stat. 1880; 73 v. 244, § 1; 72 v. 141, §1.]
SEC. 406. [Bond and oath.] Each of the commissioners shall, before
entering upon the discharge of his duties, give a bond to the state, with surety
268
$$ 407-409.
وك
D
COMMISSIONERS OF FISHERIES.
Tit. III, Ch. 16.
to the satisfaction of the governor, in the sum of two thousand dollars, condi-
tioned for the faithful performance of the duties of his office, which bond, with
the approval of the governor and the oath of office indorsed thereon, shall be
deposited with the secretary of state. [73 v. 244, § 1.]
SEC. 407. [No compensation, but all expenses to be paid them.] The
commissioners shall serve without compensation, but they shall be entitled to
be paid all their expenses while engaged in the discharge of their duties, which
expenses shall be paid to them on their own certificates, severally. [73 v. 244,
§1; 70 v. 274, § 3.]
SEC. 408. [Duties.] The commissioners shall examine the various
rivers, lakes, ponds and streams in the state or bordering thereon, and ascer-
tain whether they can be rendered more productive of fish and game, and
what measures are required to effect this object, either in restoring the produc-
tion of fish and game in and about them, or in protecting and propagating
the fish which at present frequent and abound in them or otherwise; and the
commissioners shall carry into effect all such measures, in this behalf, that
they deem necessary, so far as means are placed at their disposal for these pur-
poses; and they shall also inquire into the matter of the artificial propagation
of fish in the waters of the state, and adopt such plans to test the efficiency of
this mode of increasing the quality of edible fish as they think best. [1886,
May 17: 83 v. 186; Rev. Stat. 1880; 70 v. 274, § 2.]
SEC. 409. [Their annual report; appointment of fish and game war-
dens: their bonds; duty of wardens: assistants; chief warden: his salary
and expenses; his bond; duty of chief warden; annual reports of wardens;
compensation of wardens.] The commissioners shall, annually, on or before
the 15th day of January, make to the governor a report of their proceedings
for the preceding year, giving in detail their labor and operations, with such
suggestions as they deem proper, and also a detailed statement of expenditures;
and their report shall be published with the report of the state board of agri-
culture. The commissioners shall, at their annual meeting in January, or at
any other time, appoint a fish and game warden in each county in the state,
who shall hold his office for two years, unless sooner removed, and they shall
also appoint a special warden for Lake Erie and for the Mercer county, Lewis-
town, Six-mile, Licking, Laramie and Sippo reservoirs of the state; each war-
den shall, before entering upon the discharge of his duties, give a bond to the
state, with sureties to the satisfaction of the commissioners, in the sum of
two hundred dollars, conditioned for the faithful performance of the duties of
his office, which bond shall be deposited with the commissioners; it shall be the
duty of the wardens, under the general direction of the commissioners, to appoint
such assistants as they may require to assist them in policing the territory, both
land and water, of their respective counties and territories, arresting wherever
found in the state all violators of the laws of the state enacted for the protec-
tion of fish and game; and the commissioners shall appoint, if in their judgment
it is desirable, a chief warden who shall hold his office for one year, unless
sooner removed, at a salary of not more than one thousand, two hundred dol-
lars per annum, payable quarterly, and he shall be allowed a sum not exceed-
ing six hundred dollars per annum for expenses. The salary and expenses of
the chief warden shall be paid out of the fund set apart for the use of the com-
missioners. The chief warden shall, before entering upon the discharge of his
duties, give a bond to the state in the sum of two thousand dollars conditioned
for the faithful performance of his duties, which bond shall be deposited with
the commissioners. It shall be the duty of the chief warden under the general
direction of the commissioners, to visit any and all parts of the state, assist the
county and reservoir wardens, and arrest, wherever found in the state, all vio-
lators of the laws of the state enacted for the protection of fish and game, and
269
Tit. III, Ch. 17. AGRICULTURAL EXPERIMENT STATION. §(409—1).
to assist, when so ordered, in the work of propagation and transfer of fish. Each
warden shall, annually, on or before the first day of December of each year, make
a detailed report to the commissioners of their respective labors, number of arrests
made, number of convictions, with such other suggestions as they may deem
proper; the compensation of the county wardens shall be from fees, the same
as are paid the sheriffs of their respective counties for similar services, to be
paid from the fish and game fund, which shall be made up from fines aris
ing from convictions, for violation of the fish and game laws; and the county'
commissioners shall, upon the recommendation of the fish and game commis-
sioners, allow to their county warden a salary not exceeding three hundred
dollars per annum, which salary shall be paid quarterly, upon the warrant of
the county auditor on the certificate of the fish and game commissioners out of
the fish and game fund. And the fish and game commissioners may pay to the
Lake Erie warden and to each of the wardens of the reservoirs, from the state
fund set apart for their use, a salary not exceeding three hundred dollars per
annum payable quarterly; and if in the judgment of the commissioners special
class shall be entitled to increased compensation, it shall be paid by them out
of the state fund set apart for their use. [1888, April 10: 85 v. 171; 83 v. 186;
Rev. Stat. 1880; 73 v. 244, § 1; 70 v. 274, § 3.]
SECTION
CHAPTER 17.
AGRICULTURAL EXPERIMENT STATION.
409-1. Agricultural experiment station.
409-2. Agricultural experiment station: board of
control; governor ex-officio member of
board.
409-3. When board to be called together, and how
organized.
409-4. Annual meeting of board.
SECTION
409-5. Board of control to locate station, appoint
director and make rules for government;
board of control to make annual report to
governor.
409-6. Salary of director; expenses of members of
board of control.
See 23692-3696 as to Ohio state board of agriculture.
Employment of counsel, see ? 202.
(409—1) [Agricultural experiment station.] For the benefit of the
interests of practical and scientific agriculture, and for the development of the
vast agricultural resources of the state, an Ohio agricultural experiment station
is established as hereinafter provided. [79 v. 113.]
(409-2) [Agricultural experiment station appointed; board of con-
trol; governor ex-officio member of board.] The location, control, and
general management of the experiment station shall be submitted to a board
of control, which shall consist of five members, three of whom shall be
appointed by the governor, and their term of office shall be three years and
until their successors are duly appointed and qualified, except that those first
appointed under this amended law shall hold their office as follows: One for
one year, one for two years, and one for three years from date of appoint-
ment. The governor of the state and the person appointed as hereinafter
provided to be director of the station, shall be ex-officio members of the
board of control, and together with the three members appointed by the gov-
ernor shall constitute the full board of control. [1883, April 18; 80 v. 171;
79 v. 113.]
(409-3) [When board to be called together, and how to be organ-
ized.] The board of control shall be called together by the governor at as
፡
270
$(409-4).
Tit. III, Ch. 18.
early a date as practicable, and shall organize by the election of a president,
secretary and treasurer, who shall hold their offices until their successors are
elected. Three members shall constitute a quorum. [79 v. 113.]
FOOD AND DAIRY COMMISSIONER.
(409–4) [Annual meeting of the board.] The board of control shall
hold an annual meeting at the date of the annual meeting of the state board
of agriculture in January, and other meetings at the call of the president,
at such times and places as shall best promote the objects of the station. [79
v. 113.]
409-5) [Board of control required to locate station, appoint
director, and make rules for government; board of control to make
annual report to governor.] The board of control shall locate said station,
and shall appoint a competent director, who shall have the general manage-
ment and oversight of the experiments and investigations necessary to carry
out the objects of the station. The said board shall also make such rules,
by-laws and regulations for the government of the station and its work, and
for carrying out the business and purposes of the station, as shall be necessary
and proper in their judgment. It shall also make an annual report of its
experiments and work to the governor of the state, and the same shall be
published annually in the Ohio agricultural report, and five thousand copies
separate in pamphlet form for free distribution, and the pamphlet copies to be
printed and paid for the same as other public printing. [79 v. 113.]
(409-6) _[Salary of the director and expenses of members of board
of control.] The director's salary shall be fixed by the board of control in
proportion to the amount of service required and performed, and shall be paid
out of the funds appropriated by congress, in such installments as may be de-
termined by them. The members of the board of control shall be paid their
actual expenses while on duty, but no compensation shall be allowed them
for time or services. [1888, March 15; 85 v. 93; 80 v. 171; 79 v. 113.]
Counties authorized to contribute to secure location of above station, 88 v. 353, supplemented 89 v. 24.
But held unconstitutional as a local tax for a state object! Wasson v. Comm'rs, 49 O. S. 622.
SECTION
CHAPTER 18.
FOOD AND DAIRY COMMISSIONER.
199-7. Ohio dairy and food commissioner; salary
and expenses.
40.-8.
408-9.
General duties of himself and assistants.
Powers.
409-10. Assistant commissioners; experts, etc.; ex-
penses; office, report, etc.
Repealed.
SECTION
409-11.
409-12. Repealed.
409-13. Dairy and food commissioner to give bond.
409-14. Commissioner's clerk.
Selling unwholesome provisions made penal, see ? 6928.
For the general subject of pure food and adulterations, see (4200--1) et seq.
Employment of counsel, see ? 202.
(409-7) ["Ohio dairy and food commissioner; salary and expenses.]
That there is hereby created the office of dairy and food commissioner of the
state of Ohio. Said commissioner shall be elected at the general election held
on the first Tuesday after the first Monday in November, A. D. one thousand
eight hundred and ninety-six. He shall take his office on the first Tuesday
following the fifteenth day of February next after his election, and shall serve
for two years, and until his successor is elected and qualified. He shall be
charged with the enforcement of all laws against fraud and adulteration or
271
Tit. III, Ch. 18. FOOD AND DAIRY COMMISSIONER.
$ (409—8).
impurities in foods, drinks or drugs, and unlawful labeling in the state of
Ohio. His salary shall be two thousand dollars ($2,000) per year, and his nec-
essary and reasonable expense incurred in the discharge of his official duties,
to be paid in monthly installments at the end of each calendar month. [91
v. 156; 89 v. 359, 159; 88 v. 496; 83 v. 120.]
It
(409-8) [General duties of himself and of his assistants.
shall be the duty of said commissioner or assistant commissioner, to inspect
any articles of butter, cheese, lard, syrup, or other article of food or drinks, made
or offered for sale in the state of Ohio, as an article of food or drink, and to
prosecute or cause to be prosecuted, any person or persons, firm or firms, cor-
poration or corporations, engaged in the manufacture or sale of any adulter-
ated article or articles of food or drink, or adulterated in violation of, or con-
trary to any laws of the state of Ohio. [1887, March 21: 84 v. 205; 83 v. 120.]
(409-9) [Powers; prosecutions.] The said commissioner, or any assist
ant commissioner, shall have power in the performance of their duty, to enter
into any creamery, factory, store, salesroom, drug store or laboratory, or place
where they have reason to believe food or drink are made, prepared, sold or
offered for sale, and to examine their books, and to open any cask, tub, jar, bottle
or package, containing or supposed to contain any article of food or drink,
and examine or cause to be examined and analyzed the contents thereof, and it
shall be the duty of any prosecuting attorney in any county of the state, when
called upon by said commissioner or assistant commissioner, to render him any
legal assistance in his power, to execute the laws, and to assist in the prose-
cution of cases, arising under provisions of this act. [1887, March 21: 84 v.
205; 83 v. 120.j
(409-10) [Assistant commissioners, experts, etc.; expenses; office,
report, etc.] Said commissioner may appoint not to exceed two assistant
commissioners, whose salaries shall be one thousand dollars per year, and
necessary traveling expenses incurred in the discharge of their official duties,
to be paid in like manner with the commissioner's and on itemized vouchers
approved by said commissioner; the said commissioner shall have power to
employ such experts, chemists, agents, inspectors and counsel as may by him
be deemed necessary for the proper enforcement of the laws, their compensa-
tion to be fixed by the commissioner. All charges, accounts and expenses
authorized by this act shall be paid out of the state treasury upon vouchers
certified by the commissioner, and upon warrant by the state auditor. The
entire expense of said commissioner shall not exceed in one year the amount
specifically appropriated for such purposes. All vacancies in the office of the
food and dairy commissioner shall be filled by appointment of the governor
until the next general election, then the same shall be filled as in the original
election. All fines, fees and costs assessed and collected under prosecutions
begun, or caused to be begun, by the commissioner, and all fines, fees and costs.
heretofore assessed and collected under prosecution begun or caused to be begun
by the commissioners, shall be paid by the court to the commissioner, and by
him paid into the state treasury and be credited to the general revenue fund
of the state. The center room on the north side of the south-west corridor in
the capitol building, now occupied by the dairy and food commissioner, is set
apart for his use, wherein shall be kept his books, records, and other property
of the office. He shall keep a seal with which to attest official acts and docu-
ments, and shall be entitled to stationery and supplies from the secretary of
state as are other state officers. The commissioner shall make an annual report
to the governor on or before the fifteenth day of November of each year, con-
taining itemized statements of all receipts and disbursements, attorney fees in
each specified suit brought in this department, and all persons employed by
him. together with such statistics and other matter as he may regard of value;
said reports to be published as are the other reports of the other state officers.
[93 v. 103, 9; 92 v. 160; 91 v. 156; 89 v. 359, 159; 88 v. 497; 83 v. 120.)
272
FORESTRY BUREAU.
§ (409—11).
Tit. III, Ch. 19.
(409-11) [Fines.] [1887, March 21: 84 v. 205; 83 v. 120.] [Repealed
91 v. 157.]
(409-12) [Office room; report.] [83 v. 120.] [Repealed 91 v. 157.]
(409-13) [Dairy and food commissioner to give bond.] The Ohio
dairy and food commissioner before entering upon the discharge of his official
duties, shall give bond in the sum of five thousand dollars to the state, with
two or more sureties to the acceptance of the governor, conditioned that he will
truly account for and apply all moneys or other property which may come into
his hands in his official capacity, and for the faithful performance of the duties
of his office as the same are prescribed by law; which bond with his oath of
office indorsed thereon, shall be filed with the secretary of state. [88 v. 74.]
(409-14) [Commissioner's clerk.] The dairy and food commissioner
of Ohio be and is hereby authorized to employ a clerk for his office, whose
compensation shall not exceed twelve hundred dollars per annum, the same to
be paid out of fines collected by such commissioner. [90 v. 257.]
SECTION
CHAPTER 19.
FORESTRY BUREAU.
409-15. State forestry bureau; appointment and
term of members.
409-16. Duties of the bureau; forestry station; ap-
pointment of secretary; expenses of
bureau.
Employment of counsel, see ? 202.
SECTION
409-17. Annual report.
409-18. Appropriation for expenses.
409-19. Expenditures.
(409-15) [State forestry bureau; appointment and term of mem-
bers.] There be and hereby is established at the state university, at Columbus,
Ohio, a central office for the promotion of forestry, to be entitled the state
forestry bureau, which shall consist of three members, to be appointed by the
The members of the board of directors shall
governor, as a board of directors.
be commissioned by the governor, and be duly qualified as like officers of the
state; one of three directors shall serve for six years, the second for four years
and the third for two years, and on the expiration of terms of service, appoint-
ments shall be made for the term of six years. [82 v. 135.]
(409-16) [Duties of the bureau; forestry station; appointment of
secretary; expenses of bureau; compensation.] It shall be the duty of said
state forestry bureau to thoroughly inquire into the character and extent of the
forests of the state; to investigate the causes which are in operation to produce
their waste or decay; to suggest what legislation, if any, may be necessary for
the development of a rational system of forestry, adapted to the wants and con-
ditions of this state, and with the consent of the trustees of the Ohio state
university, the said directors may establish a forestry station on the grounds
of said university. The directors shall select one of their number, or appoint a
qualified person as secretary, to carry out the plans of the board, who shall
receive such compensation for his services as shall be agreed upon by the board;
provided, that all expenses incurred under this act shall not exceed the amount
hereinafter provided. Said directors shall serve without compensation, but
shall be allowed their necessary expenses incurred in discharge of the duties of
their office. [82 v. 135.]
273
Tit. III, Ch.20.
GEOLOGICAL SURVEY.
§ (409—17).
(409-17) [Their annual report.] This bureau shall annually make
a report to the governor, which shall contain the results of the investigation,
together with such other information as the board may deem necessary for the
promotion of forestry in this state. Five thousand (5,000) copies of this report
are to be printed by the state, two thousand (2,000) of which shall be distrib
uted by this bureau of forestry, and the remainder by the general assembly.
[82 v. 135.]
(409-18) [Appropriation for their expenses.] There is hereby ap-
propriated for the ensuing year, for the maintenance of said bureau, the sum
of one thousand dollars, or so much thereof as may be necessary, for the purpose
of meeting the actual expenses of carrying out the provisions of this act. [82
v. 135.]
(409-19) [Expenditures.]
[Expenditures.] No money shall be expended except on
order of the president direct, or by and with the approval of the board. [82
v. 135.]
CHAPTER 20.
SECTION
GEOLOGICAL SURVEY.
409-20. The governor authorized to appoint a state
geologist.
409-21. Duty of state geologist.
SECTION
409-22. Shall report annually to governor.
409-23. Salaries and expenses; appropriation.
For publication and distribution of the reports of the geological survey of Ohio, see
85 v. 3; 90 v. 75, am. in 91 v. 39.
For publication of the second and third annual reports of the state geologist, includ-
ing a report on palæontology, see 89 v. 180.
Employment of counsel, see ? 202.
(409-20) [The governor authorized to appoint a state geologist.]
The governor is hereby authorized to appoint a state geologist, whose duty it shall
be to continue and extend the investigations already made into the geological
structure and resources of the state. Said state geologist shall be appointed for
a term of three years, but he may be removed for cause at any time, and a suc-
cessor appointed in his stead; and the governor is authorized to fill any vacancy
which may occur from any cause, at any time. The compensation of said state
geologist shall be at the rate of two hundred dollars per month, for the time
actually employed; and said geologist shall have power to employ such assist-
ants as he may need; but in no event shall the salary of the geologist, pay of
assistants, and expenses of the department, exceed the amount of expenditure
authorized by the general assembly. [86 v. 262.]
(409-21) [Duty of state geologist; expenses.] It shall be the duty
of said geologist to study, and determine as nearly as possible, the number and
extent of the various formations of the state; to represent the same, from
time to time, upon properly constructed maps and diagrams; to study the
modes of occurrence and the distribution of the useful minerals and products
of these formations; to determine the chemical composition and structure of
the same; to investigate the soils and the water supply of the state; and to
give attention to the discoveries of coal, building stone, natural cement, petro-
leum, gas, and other natural substances of use and value to the citizens of the
state. He may also collect and describe the fossils of the various geological
formations of the state; but no expenditure shall be incurred under this head
19
274
§ (409—22).
HEALTH-STATE BOARD OF.
Tit. III, Ch. 21.
that is not expressly ordered and provided for by the general assembly. [86 v.
262.1
(409-22) [Shall report annually to governor.] The said geologist
shall make, on or before the first day of February of each year, a report to the
governor, covering the work of the preceding year, and the report shall be
transmitted to the general assembly, to be printed in the same manner as other
public documents, or as shall be otherwise ordered. [86 v. 262.]
(409-23) [Salaries and expenses to be paid.] The salaries of the
state geologist, and the assistants employed by him, together with the traveling
and incidental expenses, shall be paid monthly, on presentation of properly
itemized vouchers, signed by the governor, out of the state treasury, from the
appropriation made for such purpose. [86 v. 262.]
[Appropriation.] There is hereby appropriated from the general revenue
fund the sum of one thousand dollars, annually, for the purpose above named.
[86 v. 262.]
SECTION
CHAPTER 21.
HEALTH-STATE BOARD OF.
409-24. Appointment of state board of health;
terms of members; vacancies. [penses.
409-25. General powers and duties of board; ex-
409-26. Powers of Cincinnati board of administra-
tion as to sewerage.
409-27. Vital statistics; chemical and bacteriolog-
ical laboratory.
409-28. Reports to board of contagious diseases,
when in case of epidemic, to appoint
sanitary officer to enforce orders.
Employment of counsel, see ? 202.
SECTION
409-29. Prosecutions; disposition of fines.
409-30. Meetings of board; conduct of business.
409-31. Secretary of board; his salary; compensa-
tion of members.
409-32.
409-33.
Annual report of board.
Appropriation for salary of secretary, and
expenses of board.
409-34. Rooms.
(409-24) [Appointment of state board of health; terms of mem-
bers; vacancies.] The governor, with the advice and consent of the senate,
shall appoint seven persons, who (with the attorney-general, who shall be ex-
officio a member of said board) shall constitute the state board of health; pro-
vided, that the terms of office of the seven first appointed shall be so arranged
that the term of one shall expire on the 13th day of December of each year,
and the vacancies so created, as well as all vacancies occurring otherwise, shall
be filled by the governor, with the advice and consent of the senate; and pro-
vided, also, that appointments made when the senate is not in session, may be
confirmed at its next ensuing session. [83 v. 77.]
(409-25) [General powers and duties of board; expenses.] The state
board of health shall have supervision of all matters relating to the preservation
of the life and health of the people of the state. The board shall have supreme
authority in matters of quarantine, and may declare and enforce it when none
exists, may modify, relax, or abolish it when it has been established. The
board may make special or standing orders or regulations for the prevention
of the spread of contagious or infectious diseases, and for governing the receipt
and conveyance of remains of deceased persons, and such other sanitary mat-
ters as admit of and may best be controlled by a universal rule. It may also
make and enforce orders in local matters, when emergency exists, and the local
board of health has neglected or refused to act with sufficient promptness or
efficiency, or when such board has not been established as provided in this
chapter, and all necessary expenses so incurred shall be paid by the city, village,
or township for which services are rendered. It shall be the duty of all local
275
Tit. III, Ch. 21.
HEALTH-STATE BOARD OF.
$(409-26).
boards of health, health authorities and officials, officers of state institutions,
police officers, sheriffs, constables, and all other officers and employes of the
state, or any county, city or township thereof, to enforce such quarantine and
sanitary rules and regulations as may be adopted by the state board of health,
and in the event of failure or refusal on the part of any member of said boards
or other officials, or persons in this section mentioned to so act, he or they shall
be subject to a fine of not less than fifty dollars, upon first conviction, and upon
a conviction of second offense of not less than one hundred dollars. The board
shall make careful inquiry as to the cause of disease especially when contagious,
infectious, epidemic, or endemic, and take prompt action to control and sup-
press it. The reports of births and deaths, the sanitary condition and effects
of localities, employments, the personal and business habits of the people, the
relation of the diseases of beast and man, shall be subjects of careful study by
the board; and it may make and execute orders necessary to protect the people
against diseases of lower animals. It shall collect and preserve such informa-
tion in respect to such matters and kindred subjects as may be useful in the
discharge of its duties and for dissemination among the people. It shall respond
promptly, when called upon by the state or local governments and municipal
or township boards of health, to investigate and report upon the water supply,
sewerage, disposal of excreta, heating, plumbing, or ventilation of any place or
public building; and no city, village, corporation or person shall introduce a
public water supply or system of sewerage, or change or extend any public
water supply or outlet of any system of sewerage now in use, unless the pro-
posed source of such water supply or outlet for such sewerage system shall have
been submitted to and received the approval of the state board of health. [90
v. 94; 86 v. 223; 83 v. 77.]
(409-26) [Powers of Cincinnati board of administration as to
sewerage.] In cities of the first grade of the first class, the duly constituted
authorities, as provided by law, shall have authority and control in introducing
a system of sewerage, and in locating, constructing and extending all sewers
within the limits of any such city, whether the same be for general sewerage or
for surface water only, and for such purpose may condemn the necessary right
for an outlet or extension of sewers beyond the limits of the city; and when-
ever any sewer or system of sewers has an outlet into any stream, above the
intake of any water works system, drawing water from such stream, the board
of administration of such cities shall have power and authority to prohibit any
connection with such sewer or system of sewers, for any other purpose than
for draining surface water therein; provided, however, that nothing in this act
shall be held to abridge or in any way to interfere with the authority now
vested by law in the state board of health. [92 v. 759.]
(409-27) [Registration and vital statistics; chemical and bac-
teriological laboratory; secretary to have charge of laboratory; assistant.]
The board of health shall have supervision of the state system of registration
of births and deaths as hereinafter provided; they shall prescribe such forms
for the collection and registration of births and deaths, consistent with this act
or other acts regulating the same, as they may deem necessary, and shall fur-
nish copies of such forms to the auditor and probate judge of each county;
and recommend such legislation as shall be deemed necessary for the thorough
registration of vital and mortality statistics throughout the state. The secre-
tary of the board shall be the superintendent of such registration. The cler-
ical duties and the safe keeping of the bureau of vital statistics thus created
shall be provided by the secretary of state. The board may establish and
maintain a chemical and bacteriological laboratory for the examination of pub-
lie water supplies, the effluent of sewage purification works, for the diagnosis
of diphtheria, typdoid fever, hydrophobia, glanders, and such other diseases as
276
§ (409-28).
HEALTH-STATE BOARD OF.
Tit. III, Ch. 21.
they may deem necessary, and for the examination of food suspected to be the
cause of disease; and said board shall examine and report annually the condi-
tion of all public water supplies. The secretary of the board shall have charge
of said laboratory, and may receive for such services a sum not to exceed five
hundred dollars ($500) per annum, to be fixed by the board. The board may
employ an assistant for the laboratory skilled in chemistry and bacteriology,
and fix his salary, at a sum not to exceed fifteen hundred dollars ($1,500) per
annum, and the expenses so incurred shall be paid out of the appropriations.
made for said board. The board shall include in its annual report a full report
of all examinations made in said laboratory, and a detailed account of all ex-
penses so incurred. [93. v. 259; 83. v. 77.]
(409-28) [Local reports to board of contagious diseases; when
in case of epidemic to appoint sanitary officer to enforce orders. It shall
be the duty of the boards of health, health authorities or officials, and of
physicians in localities where there are no health auhorities or officials, to re-
port to the state board of health, promptly upon discovery thereof, the exist-
ence of any one of the following diseases which may come under their observa-
tion, to-wit: Asiatic cholera, yellow fever, smallpox, scarlet fever, diphtheria,
typhus or typhoid fever, and of such other contagious or infectious diseases as
the state board may from time to time specify. And when any contagious or
infectious disease shall become or threaten to become epidemic in any city,
village, hamlet or township, and the local authorities shall neglect or refuse to
enforce efficient measures for its prevention, the state board of health, or its
executive officer, on the order of the president of said board, may appoint a
medical or sanitary officer and such assistants as he may require, and authorize
him to enforce such orders or regulations as said board or its executive officer
may deem necessary. [93 v. 260; 83 v. 77.]
(409-29) [Prosecutions; disposition of fines.] All prosecutions and
proceedings instituted by the state board of health, for the violations of any of the
provisions of this chapter, or any other laws to be enforced by this board, or for
the violation of any of the orders or regulations of the state board of health,
shall be instituted by its proper officer on the order of the board; and all laws
prescribing the modes of procedure, courts, practice, and penalties or judg
ments applicable to local boards of health, shall apply to the state board of
health, and the violation of its laws or orders; and all fines or judgments col-
lected or received, shall be paid over to the state treasurer, and credited to the
fund created for the support of the state board of health. [90 v. 95.]
(409-30) [Meetings of board; conduct of their business.] The
first meeting of the board shall be within thirty days after their appoint-
ment, and thereafter in January and June of each year, and at such other
times as the board shall deem expedient. There shall not be more than three
called sessions of the board in [any] one year, and no session of the board
shall continue longer than three days. The meeting in January of each year
shall be in Columbus. A majority shall constitute a quorum. They shall
choose one of their number to be president, and they may adopt rules and
by-laws for their government, subject to the provisions of this act. [83 v. 77.]
(409-31) [Secretary of board: removal; his salary; compensation
of members.] They shall elect a secretary, who shall perform the duties pre-
scribed by the board and by this act, and who shall, upon cause, be removed
by a majority vote; he shall receive a salary not to exceed two thousand dollars
($2,000) per annum, which shall be fixed by the board; he shall also receive
his traveling and other expenses incurred in the performance of his official
duties. The members of the board shall receive five dollars per day, and their
traveling and other expenses while employed on business of the board. The
president of the board shall certify the amount due the members and secretary,
277
Tit. III, Ch. 21.
HEALTH-STATE BOARD OF.
§ (409—32).
and on presentation of his certificate the auditor of state shall draw his war-
rant on the treasurer for the amount. [90 v. 95.]
(409–32) [Annual report of board to governor.] It shall be the duty
of the board of health to make an annual report, through their secretary or
otherwise, in writing, to the governor of the State, on or before the first day of
November of each year, and such report shall include so much of the proceed-
ings of the board, and such information concerning vital statistics, such knowl-
edge respecting diseases, and such instructions on the subject of hygiene, as
may be thought useful by the board for dissemination among the people, with
such suggestions as to legislative action as they may deem necessary.[83 v. 77.]
(409-33) [Appropriation for salary of secretary, and costs and
expenses of board.] The sum of five thousand dollars ($5,000), or so much
thereof as may be necessary, is hereby appropriated to pay the salary of the
secretary, meet the contingent expenses of the office of the secretary, and
expenses of the board, and all costs of printing, which, together, shall not
exceed the sum hereby appropriated; said expenses shall be certified and paid
in the same manner as the salary of the secretary. [83 v. 77.]
(409-34) [Office rooms.] The adjutant-general shall provide rooms
suitable for the meetings of the board, and office room for the secretary. [83
v. 77.]
278
§ (409—35).
WEATHER AND CROP SERVICE.
Tit. III, Ch. 22.
CHAPTER 22.
WEATHER AND CROP SERVICE.
SECTION
409-35. Weather and crop service.
409-36. Central station; director, etc.
409-37. Duties of director.
409-38. Annual report.
Employment of counsel, see ? 202.
SECTION
409-39. Appropriations.
409-40. Instruments, etc., in charge of meteorolog-
ical bureau.
409-41.
Appropriation made for such bureau.
(409-35) [Weather and crop service.] That there be and hereby is
established in the state of Ohio, to be under the supervision of the state board
of agriculture, a weather and crop service, coöperating with the weather
bureau of the United States, for the purpose of collecting crop statistics and
meteorological data, and more widely disseminating the weather forecasts, and
storm and flood and frost warnings for the benefit of producers and shippers.
of perishable products, and to promote a general knowledge of meteorological
science and the climatology of the state. [89 v. 281; 79 v. 143.]
(409-36) [Central station; director, etc.] That the central station of
said weather and crop service shall be in the city of Columbus, under the charge
of the state board of agriculture, and it shall be the duty of the state board of
agriculture to appoint a director, assistant director and one or more local experts;
the assistant director to be an official of the United States weather bureau, who
may be detailed for that purpose by the chief of the weather bureau at Wash-
ington, D. C., under pay of said bureau; the expert or experts to serve with-
out pay, other than necessary traveling expenses. [89 v. 281; 79 v. 143.]
(403-37) [Duties of director.] That the said director, under the
direction of the state board of agriculture, shall establish volunteer stations
throughout the state to the number of one or more in each county when
deemed advisable, and shall appoint observers thereat; and the said director
shall supervise said volunteer stations, receive reports therefrom of meteorolog-
ical events and crop conditions, tabulate the same for permanent record, and
shall issue weather crop bulletins as the state board of agriculture may direct,
and he shall also edit and prepare, in connection with the monthly crop
reports of the state board of agriculture, a monthly weather and crop review
containing meteorological and agricultural matter of public interest and edu-
cational value; and it shall be the duty of the state printer to print the same
promptly and without delay as preferred matter for distribution from the office
of the state board of agriculture. [89 v. 281; 79 v. 143.]
(409-38) [Annual report.] That the said director shall also compile
an annual report to be printed and bound with the annual report of the state
board of agriculture, and 2000 copies extra shall be printed in pamphlet form;
said report to contain a complete review and summary of expenses, labors and
observations of the year. [89 v. 282; 79 v. 143.]
(409-39) [Appropriations.] That appropriations made for expenses
of this state weather and crop service shall be subject to the order of the pres-
ident and secretary of the state board of agriculture. [89 v. 282; 79 v. 143.]
(409–40) [Instruments, etc., in charge of meteorological bureau.]
That all the instruments, books, reports and other property in charge of the
meteorological bureau for the state of Ohio or its officers or agents be and
hereby are transferred to the weather and crop service of the Ohio state board
of agriculture, and the director of said meteorological bureau shall file with
the secretary of state board of agriculture a complete inventory of said
279
Tit. III, Ch. 23. PARDONS-OHIO STATE BOARD OF.
$ (409-41).
instruments, books, reports and other property now in possession of the
bureau. [89 v. 282; 79 v. 143.]
(409-41) [Appropriation, etc.] That any appropriation made for the
meteorological bureau for the state of Ohio shall be used for the benefit of the
state weather and crop service hereby created, and subject to the order of the
president and secretary of the state board of agriculture. [89 v. 282; 79 v. 143.]
SECTION
CHAPTER 23.
PARDONS-OHIO STATE BOARD OF.
409-42. Ohio state board of pardons; appointment
of members; expenses; oath and com-
missions; president and secretary; the
latter's compensation.
409-43. Application for pardons; recommendations
by board to governor.
409-44. Necessary approval of recommendations.
SECTION
409-45. Meetings; consideration of applications;
power of governor to convene board;
regulations.
409-46.
Removals.
409-47. Filling of vacancies.
409-48.
Annual report.
409-49. Rejection of board's recommendations.
As to proof of innocence required in recommending for pardon a person convicted of
murder in the first degree, see ? 6808.
Inmate of reformatory may be recommended for pardon to governor by board of man-
agers of reformatory without intervention of state board of pardons, see ? (7388-33).
Employment of counsel, see ? 202.
(409–42) [Ohio state board of pardons; appointment of members;
expenses; oath and commissions; president and secretary; the latter's
compensation.] Within fifteen days after the passage of this act, the gover-
nor shall nominate, and by and with the consent and advice of the senate
appoint, from different parts of the state, four suitable persons having the
qualifications of electors, not more than two of whom shall be appointed from
the same political party, who, when organized, shall be known as the “Ohio
state board of pardons." Two of the members thereof, appointed from the same
political party, shall serve for two and four years, respectively, and two of the
members thereof, appointed from another political party, shall serve for two
and four years, respectively, and shall serve until their successors shall be ap-
pointed and qualified. Annually thereafter the governor shall, in like manner,
appoint a member of said board, of like qualification, and from the same
political party as the member whom he succeeds, who shall serve for four
years, and until his successor is appointed and qualified. And the governor
shall, in like manner, fill all vacancies in said board by appointing, for the
unexpired terms, members thereof from the same political party as those whom
they succeed. Each member of said board shall receive as compensation for
his services, as such member, the sum of ten dollars per day, not to exceed.
however, seventy-five days in each year, for the time actually and necessarily
employed; which said sum shall include all traveling, hotel and other neces-
sary expenses of said member, and there is hereby appropriated out of any
moneys to the credit of the general revenue fund not otherwise appropriated,
the sum of three thousand dollars, for such purpose. The said four persons
first appointed under the provisions of this act, having first taken oath of
office prescribed by the constitution of the state for state officers, and being
duly commissioned, shall, within twenty days after their appointment, meet
and organize by electing one of their number president. It is hereby made
the duty of the executive clerk of the governor to act as secretary of said
L.
280
I
S (409-43).
PARDONS—OHIO STATE BOARD OF. Tit. III, Ch. 23.
board, and as compensation for his services he shall receive, in addition to the
amount now paid to him as such executive clerk of the governor, the sum of
three hundred dollars, and no more. [88 v. 392; 85 v. 188.]
(409-43) [Application for pardons; recommendations sent by
board to governor.] Every applicant for the granting of a pardon, com-
mutation of sentence, or reprieve, of a person duly convicted of crime, shall
be made directly to said board, which shall carefully consider the same, and
shall thereupon recommend in writing to the governor the advisability of
granting or rejecting said application. They shall also transmit to the gov-
ernor, with their recommendation, a full and concise statement of the facts
in each case, together with all papers and documents pertaining thereto. [85
v. 188.]
(409–44) [Necessary approval of recommendations.] Before any
recommendation shall be made by said board, as provided in the foregoing
section, it shall receive the sanction of at least three members of said board.
[85 v. 188.]
(409-45) [Meetings; hearing and consideration of applications;
power of governor to convene board; regulations.] Said board shall meet
regularly on the first Thursday after the second Monday of January, and on the
same day of every third month thereafter, and at such other times as they may
deem necessary, at the office of the board of state charities, and having
heard oral or other argument, either in behalf of or against the same, shall,
with closed doors, consider and pass upon each application for a pardon, com-
mutation of sentence, or reprieve, as the case may be; provided, that the gov-
ernor shall have power to convene said board in session whenever in his judg-
ment the public interests require it; and said board is hereby empowered to
make such rules and regulations for the government of its own conduct as
may be necessary and proper. [85 v. 188.]
(409–46) [As to removals.] For inefficiency, neglect, or corruption,
the governor, by and with the advice and consent of the senate, shall have
power to remove any member of said board. [85 v. 188.]
(409–47) [As to filling of vacancies.] Should a vacancy occur in
said board, by reason of the death, resignation, removal, or expiration of the
term of service, of any member of said board, the governor is hereby em-
powered to fill such vacancy, by and with the advice and consent of the
Senate. [85 v. 188.]
(409–48) [Annual report of board.] It shall be the duty of said state
board of pardons, on the first day of December in each year, to report in
writing to the governor, who shall transmit the same to the general assembly,
its actions during the year last past, its officers and members, and the names
thereof, and what legislation, if any, there should be in order to carry out
more fully the object and purpose of its creation; and the annual report of
said board shall also contain a detailed statement of the money paid out by or
on account of said board, and a detailed statement of the manner of its expend-
iture, during the year last past; but the amount so paid out shall not aggre-
gate a sum exceeding eight hundred dollars in any one year; and this report
shall be published in form and manner as other state reports. [85 v. 188.]
:
(409-49) [Rejection of board's recommendations allowed.] The
governor shall have full power, notwithstanding the action of said board, to
grant or reject any application for the granting of a pardon, commutation of
sentence, or reprieve, if, in his judgment the public interests would thereby be
promoted. [85 v. 188.]
281
Tit. IV.
SUPREME COURT.
Ch. 1.
TITLE IV. Judicial.
SUPREME COURT.
CHAPTER 1.
CHAPTER 2.
2.
Circuit Court.
CHAPTER 3.
3.
CHAPTER 3a.
CHAPTER 4.
4.
COMMON PLEAS COURT.
JUDGES AND JUDICIAL DISTRICTS.
SUPERIOR COURT OF CINCINNATI.
5. OTHER SUPERIOR COURTS.
CHAPTER 5.
CHAPTER 6.
6.
PROBATE COURT.
CHAPTER 6a. COURTS OF INSOLVENCY.
CHAPTER 7. Provisions applicable to two or more Courts.
CHAPTER 8.
ATTORNEYS AT LAW.
CHAPTER 9. JUSTICES OF THE PEACE.
For "
[1885, February 17: 82 v. 16, 19; Rev. Stat. 1880.]
an act to give preference of appointment or employment to honorably discharged
soldiers," etc. (85 v. 149), see ? (3107-48).
CHAPTER 1.
SUPREME COURT.
SECTION
SECTION
410. Regular annual term and special terms.
410a. Number; divisions; election and term of
427. Reporter's duties.
428.
What shall be reported.
judges.
429.
How reports prepared for printing.
411. Who shall be chief justice.
430.
412. Adjournments in case of absence of quorum at
beginning of term.
431.
Advance forms of sixteen pages to be published.
Distribution of advanced sheets of supreme
court reports.
CLERK.
413. Where records and papers to be kept.
Election and term of clerk.
414.
415. Bond of clerk.
416. Deputy clerks.
417. Office, books, etc.
418.
Vacancy in office of clerk: how filled.
419. The clerk may be removed.
420.
Duties of clerk.
421. Fees of clerk of supreme court; fees to be paid
in advance; cash book to be kept.
421a. Clerk to keep index of cases.
4216. Index of cases disposed of; fees.
421c. Annual list of unclaimed costs.
421d. Disposition of funds; and to successor; return
of to person entitled; record of money;
fees.
422. Quarterly report of fees; amount he may re-
tain.
LAW LIBRARY AND LAW LIBRARIAN.
432. How volumes printed and bound.
433. How volumes distributed and sold.
434. Disposition of surplus.
435. Letting of contract for printing and binding.
436. Copyright for state; salary of reporter.
437. Reporter may contract for printing supreme
court reports: cost, etc.: price to citizens of
state; bond and rights of contractor.
438. The law librarian, and assistant, and reporter
may be removed.
438-1. Surplus volumes, how disposed of.
438-2. Reprint of exhausted volumes; deficiencies
to be supplied; sale of residue volumes.
439.
440.
PRACTICE.
Supreme court may prescribe rules of practice;
revision, recording, and publication of.
Order in which cases shall be docketed and
heard.
441. Arguments, oral or written, and who may be
heard in particular cases.
442.
423. Law librarian; his appointment, bond, etc.
424. His duties.
425. Assistant law librarian; his duties and term.
Reporter AND REPORTS.
443.
426. Reporter; appointment, term and bond.
Writs that may be issued by the court.
Process issuing from supreme court; how di-
rected and served.
STENOGRAPHER.
143-1. Supreme court stenographer.
443-2. Salary.
443-3. Oath; duties; removal.
443-4. State to furnish typewriter, etc.
The act of 80 v. 90 established a supreme court commission.
See 22978 for time of election of supreme court judge.
282
SS 410-414.
SUPREME COURT.
Tit. IV, Ch. 1.
Jurisdiction of supreme court for error in judgment rendered or final order made as
to construction of jurisdiction of any court of this state, see ? 6710.
SEC. 410. [Regular annual term; special term.] The judges of the
supreme court shall meet, annually, on Tuesday after the first Monday of Jan-
uary, in the city of Columbus, to hold a term of the court; and the court may
hold special or adjourned terms at such times and places as the judges, or a
majority of them, may, from time to time, determine, but if a special term is
held elsewhere than at Columbus, thirty days' notice of the time and place
of such special term shall be given by the judges or a majority of them, by
advertisement in the newspapers printed in the city of Columbus; and the
court may make all necessary orders for the return of process and the trans-
mission of papers and files of the court to and from the place of holding the
special term. [51 v. 385, §1; 52 v. 32, § 1; S. & C. 385, 386.]
Judge ineligible to office of county auditor, ¿ 1020.
SEC. 410a. [Number; divisions; election and term of judges.] The
supreme court shall consist of six judges who shall be organized into two divi-
sions by the court. The judges of the supreme court now in office shall hold
their offices during the terms for which they were respectively elected, and
that on the first Tuesday after the first Monday in November in the year 1892.
two judges of the supreme court shall be elected, one of whom shall be elected
for the term of five years and one for the term of six years, and whose terms
of office shall commence on the ninth day of February next after said election.
And every year after the year 1892, at the election for state and county officers,
one judge of the supreme court shall be elected, whose term of [office] shall
commence on the ninth day of February next after such election and continue
for six years. [89 v. 317.]
SEC. 411. [Who shall be chief justices.] The two judges of the supreme
court having the shortest time to serve, not holding their office by appoint-
ment or election to fill a vacancy, shall be the chief justices of their respective
divisions, and as such shall preside at all terms of such divisions; and in case
of the absence of the chief justice of a division, the judge of such division hav-
ing in like manner the next shortest time to serve, shall preside in his stead,
and the elder in service of the two chief justices of such divisions shall be the
chief justice of the whole court, and as such shall preside at all terms of said
court, and in case of his absence the other chief justice of a division of the
court shall preside in his stead. [89 v. 318; 50 v. 67, § 2; S. & C. 377.]
Who shall be chief justice of the supreme court: State ex rel. v. Hueston, 44 O. S. 8.
SEC. 412. [Clerk shall enter adjournment for want of quorum: how
long.] If a quorum of the court is not in attendance on the first day of the
term, the clerk shall enter such fact on record, and the court shall stand
adjourned till the succeeding day, and so from day to day for ten days; and if
the court is not opened within ten days, all matters pending therein shall
stand continued until the next term, and no action or matter shall abate or be
discontinued thereby. [50 v. 67, § 3; S. & C. 377.]
SEC. 413. [Records and papers shall be kept in court rooms, unless
by order of court.] The records and papers pertaining to the business of the
court shall be kept in the rooms provided for the court, and not be removed
therefrom unless by special direction thereof, and then only so long as its
business necessarily requires. [50 v. 67, § 9; S. & C. 379.]
CLERK.
SEC. 414. [Clerk of supreme court.] There shall be elected, triennially,
by the voters of the state, a clerk of the supreme court, who shall hold his
office for three years, beginning on the first Monday of February next after
his election. [62 v. 69, §§ 1, 7; S. & S. 71, 72.]
283
Tit. IV. Ch. 1.
SUPREME COURT.
§§ 415-421.
SEC. 415. [Bond; condition.] Before entering upon the discharge of
his duties, the clerk shall give bond to the state in the sum of twenty thousand
dollars, with sureties approved by the supreme court, conditioned that he will
pay over according to law all moneys that are by him received in his official
capacity, and that he will enter and record all orders, judgments, decrees, and
proceedings of the supreme court and the supreme court commission, which
by law he is required to enter and record, and that he will faithfully and
impartially perform all the duties of his office; which bond, with the approval
of the court and his oath of office thereon, shall forthwith be deposited with
the secretary of state. [62 v. 69, § 2;. S. & S. 71.]
SEC. 416. [Deputies.] The clerk may appoint two deputy clerks for
the supreme court, to be approved by the supreme court, and, when necessary,
a deputy clerk for the supreme court commission, to be approved by the supreme
court commission; and the appointments of such deputies shall be in writing
and entered on the journals of the respective courts, and the clerk may take
from each deputy a bond, with sureties, but he shall be responsible for their
neglect of duty or misconduct in office. [87 v. 336; 73 v. 12, §§ 3, 4; (S. & S.
72).]
SEC. 417. [Office, and with what provided.] The clerk shall keep his
office at the city of Columbus, in such room or rooms as are provided for that
purpose, and he shall be furnished with all needful books, blanks, stationery,
and furniture. [62 v. 69, § 6; 63 v. 132, § 2; S. & S. 72, 74.]
SEC. 418. [Vacancy: how filled.] In case of vacancy in the office of
clerk, the supreme court shall appoint a clerk pro tempore, who shall give
bond and take the oath of office as provided for the clerk elect. [62 v. 69, $6;
S. & S. 72.]
SEC. 419. [Clerk may be removed for cause.] If the clerk fails to
attend to the duties of his office, or becomes incompetent, he may be removed.
by the supreme court, and the vacancy shall be filled as herein provided.
[62 v. 69, §§ 6, 8; S. & S. 72.]
SEC. 420. [General duties.] The clerk shall prepare all needful dockets
and attend all the sessions of the courts, and enter and record all orders, judg-
ments, decrees, and proceedings of the supreme court and the supreme court
commission, and issue all needful writs and process. [62 v. 69, § 8; S. & S. 72.]
SEC. 421. [Fees of clerk of supreme court; fees to be paid in
advance; cash book to be kept.] The clerk shall be allowed as fees the
sums following: For each case placed on the trial docket, five dollars, which
sum shall, in all such cases, be in full for docketing case and making out such
dockets as the court orders from term to term, and for indexing and entering
appearance, issuing process, filing and labeling papers, entering rules, motions,
and orders, continuances, decrees and judgments, making out lists of causes on
the regular docket for publication once every year, and for making out and
certifying the orders, decrees, and judgments of this court to other tribunals,
including the issuing of mandates; for each case placed on the motion docket,
the sum of two dollars, and which sum shall be in full for docketing such case
from term to term, entering appearances and continuances, and entering and
issuing rules and orders therein; for all copies of files, for orders, judgments, or
records of the court, excepting in the cases above mentioned, the same fees as
are now or may hereafter be provided by law for clerks of the court of common
pleas for like services, which fees shall be paid to the clerk by the party invok-
ing the action of the court before the case or motion can be docketed and shall
be taxed as costs and be recoverable from the other party, in case the party
invoking the action of the court succeeds, unless the court otherwise directs;
and the clerk of the court shall keep a cash book, in which he shall enter all
amounts so by him received as aforesaid. [1883, January 25: 80 v. 6: Rev.
Stat. 1880: 62 v. 69, § 9; (S. & S. 72).]
284
·
§§ 421a-422.
SUPREME COURT.
Tit. IV, Ch. 1.
SEC. 421a. [Clerk to keep index of cases.] The clerk shall hereafter
keep an index, direct and reverse, of all causes, by names of parties alphabet-
ically arranged, showing in separate columns the name of the plaintiff and name
of the defendant, as the same appear on the journal in the final order, unless
otherwise ordered by the court; the volume and page of the minute-book on
which it is entered, the term at which the final judgment or order was rendered,
the journal or order-book and page on which it is entered, and the volume and
page of the final record. [88 v. 559.]
SEC. 421b. [Index of cases disposed of; fees.] An index such as is
required by said section 421a, may be made by the clerk, of causes heretofore
disposed of by the supreme court, if said court is of the opinion that the same
is needed, and it orders the same to be made, specifying the period of time
such index is designed to cover. The clerk shall receive for making such index
ten cents for each cause, said fees to be retained by said clerk out of the docket
fees collected by him under section four hundred and twenty-one, upon ac-
counts to be approved by the chief justice of the supreme court as such work
progresses. [88 v. 559.]
SEC. 421c. [Annual list of unclaimed costs.] The clerk shall, on the
first Monday of June in each year, make out a certified list of causes in which
money has been paid, and which have remained in his hands, or any former
clerk, for the period of one year next preceding the said first Monday of June,
designating the amount and in whose hands the same is, which list shall forth-
with be posted in a conspicuous place in his office for the period of thirty
days. [90 v. 351.]
SEC. 421d. [Disposition of funds; and to successor; return of to person
entitled; record of moneys; fees.] All such advertised moneys, fees, costs,
debts, etc., remaining in the hands of such clerk at the expiration of said thirty
days shall be, by said clerk, or successor, paid over to the treasurer of state, on
the order of the auditor of state, indicating in each item in his cash book and
docket the disposition made thereof; said moneys shall be held by said treas-
urer of state as a special fund entitled "unclaimed costs in supreme court;"
and every clerk who retired from office on the first Monday of February, 1887,
or since, shall at once, on the passage of this act, pay over to his successor all
other moneys in his hands, received as such officer; and every clerk hereafter
immediately upon ceasing to be such clerk shall pay over to his successor afore-
said all money then in his hands, received as such clerk; and any person en-
titled to any money turned into the treasury aforesaid, under this section,
shall, upon demand, receive a warrant therefor from the auditor of state upon
such fund as hereafter provided, upon the certificate of the clerk in office at the
time said demand is made; and said clerk shall keep a book, which shall be
considered a part of the records of his office, showing in detail all moneys paid
by him into the state treasury, with proper references showing where such item
may be found on the respective cash books and dockets, giving the names of
the parties to whom said money belongs, in alphabetical order; a detailed
statement of each item shall be furnished the auditor of state, and no clerk
shall receive from his successor in office any fees earned by him, which shall at
any time, come into the hands of said successor, until the settlements required
under this section are strictly complied with. For making out lists as herein
provided for, and payment of unclaimed moneys into the state treasury, the
clerk shall be allowed five per centum on the amount so paid. [90 v. 351.]
SEC. 422. [Quarterly report of fees; amount he may retain; Re-
porter's additional compensation.] The clerk shall quarterly report to the
supreme court the total amount of fees received, and shall forthwith pay the
same to the treasurer of state; provided, that the clerk may retain the sum of
two hundred dollars of said fees each quarter, which shall be in addition to his
285
Tit. IV, Ch. 1.
SUPREME COURT.
SS 423-426.
salary, as provided by section one thousand two hundred and eighty-four; and,
provided further, that the clerk shall retain and pay to the reporter of the
supreme court, out of said fees, as compensation, in addition to his compensa-
tion as provided by section four hundred and thirty-six, the sum of three dol-
lars each, for extra services for editing, tabulating, indexing and publishing, in
the reports of the decisions of said court, all cases disposed of on the general
docket of said court, except such as are dismissed by the consent of parties, or
for failure to file printed record, or for want of preparation, by giving number
and style of the case, the character of the suit, the judgment of the court, and
the cases cited, if any, as authority for the decision, and the attorneys of the
parties, which said sum shall be paid quarterly, on the computation of said
clerk, including all such cases disposed of since January 2, 1894. [91 v. 341;
85 v. 255; Rev. Stat. 1880; 64 v. 56, § 10.]
LAW LIBRARY AND LAW LIBRARIAN.
SEC. 423. [Court to appoint law librarian, who shall also be crier;
bond; receipt to predecessor, and for subsequent additions; all books
and property shall be delivered to successor.] The court is authorized to
appoint a law librarian, who shall also be the crier of the court. The appoint-
ment shall be for three years, and before entering upon the discharge of his
duties he shall give bond, with surety, to be approved by the chief justice, to
the state, in the sum of five thousand dollars, conditioned for the faithful dis-
charge of his duties as law librarian, and the delivering over to his successor
in office all books and property belonging to the state that come into his pos-
session; which bond, with said approval and his oath of office indorsed thereon,
shall be deposited with the treasurer of state; and he shall also make and
deliver to his predecessor a receipt for all books and other property belonging
to the law library that come into his possession, specifying therein each book
or set of books, and each article of property separately, which receipt shall be
filed with the treasurer of state; and he shall thereafter make like receipts,
from time to time, for all books or property purchased for or presented to the
law library, and file the same as aforesaid; and on the death, resignation, or
removal of the law librarian, all the books and other property shall forthwith
be delivered to his successor, and credit therefor entered on the receipt so filed.
The law library shall in every respect be independent of the state library.
[64 v. 24, §§ 1, 2; (S. & C. 635); S. & S. 250.]
SEC. 424. [Duties of law librarian.] In addition to his duties as court-
crier, the law librarian shall have charge of the law library and the rooms
appropriated for the use of the court, and of all property pertaining thereto,
and perform such other services as the court directs. [64 v. 24, § 1; S. & S. 250.]
SEC. 425. [Assistant law librarian.] The court may appoint an assist-
ant law librarian, who shall also be messenger for the court, and perform such
other services as the court prescribes. The term of such appointment shall be
for one year. [69 v. 188, §1.]
REPORTER AND REPORTS.
For 33426-438, see (S. & C. 1208, 1209; S. & S. 622).
SEC. 426. [Reporter; his appointment and bond.] The court shall
appoint a reporter for such term as it deems advisable, not exceeding three
years, which term shall commence on the ninth day of February, 1893; and
before entering upon the discharge of his duties he shall give bond to the state,
with sureties approved by the chief justice, in the sum of five thousand dollars,
286
$$ 427-432.
SUPREME COURT.
Tit. IV, (h. 1.
conditional for the faithful discharge of his duties; which bond, with said
approval and his oath of office indorsed thereon, shall be filed with the secre-
tary of state. [90 v. 21; 69 v. 99, § 1; (S. & C. 379).]
Where the duties of an officer are specified and limited in their character, and not continuous during the
year, an annual salary prescribed by law, as the compensation, will be payable and apportioned with refer
ence to the duties performed, and not the lapse of time: Ex parte Lawrence, 1 O. S. 431.
SEC. 427. [Reporter shall attend sessions and consultations.] The
reporter shall, when required by the court, attend its sessions and consultations.
and, under its direction, report and prepare for publication its decisions, and
such other decisions as it designates. [69 v. 99, §2.]
Sections 427 to 437 are cited in Banks v. DeWitt, 42 O. S. 269. See note to same case under ? 437.
SEC. 428. [Decisions shall be reported.] The court shall cause to be
reported, with as much brevity as practicable, each of its decisions, whether
made in disposing of a motion or otherwise, that determines or modifies any
theretofore unsettled, or new and important question of law in this state, or
that gives construction to a statute of ambiguous or doubtful import, together
with such other of its decisions as are deemed of public interest and import-
ance. [69 v. 99, $3.]
SEC. 429. [Report of each case shall be delivered to the supervisor of
public printing.] The reporter, immediately after the decision of any case to
be reported, shall prepare for publication a report thereof, under the direction
and supervision of the court, and in general conformity with the plan hitherto
adopted and pursued, and deliver the same, in manuscript, to the supervisor of
public printing or other officer having charge of the state printing, and take his
receipt therefor, which receipt shall be filed in the clerk's office, with the other
papers in the case; but no argument of counsel shall be published with such
report, other than a brief of the points made, and authorities cited, and relied
upon by counsel, unless especially ordered by the court. [69 v. 99, § 4.]
SEC. 430. [Advance forms of sixteen pages shall be published.] When
the supervisor, or other officer, receives sufficient manuscript reports to make a
form of sixteen pages of printed matter of the size and kind herein required,
he shall deliver the same to the printer having the contract for the printing
thereof, who shall forthwith cause the same to be set up in a form, as afore-
said, and after such form is duly corrected and approved by such supervisor, or
other officer, the reporter shall cause to be printed three thousand copies of
such reports, which copies shall be delivered to the supervisor, or other officer;
the manuscript shall likewise be returned to the supervisor, or other officer, to
be by him kept, subject to the order of the reporter. [69 v. 99, § 5.]
SEC. 431. [Distribution of advanced sheets of supreme court re-
ports.] The supervisor, or other officer, on receiving the copies, shall deliver
to the secretary of state a sufficient number of the same to supply the state
officers, judges of the supreme court, supreme court commission, circuit court,
common pleas court and superior court, and clerks of the common pleas court,
with one copy each; and the secretary of state shall forthwith forward the same
by mail to such officers, respectively; and the remainder of such copies the
supervisor, or other officer, shall carefully preserve until a volume is so printed,
and shall then cause the same to be bound, as hereinafter provided.~ [1885,
April 29: 82 v. 172; Rev. Stat. 1880; 69 v. 99, $ 6.]
SEC. 432. [Style of bound volumes; index.] The reports shall be
printed on good paper, and bound in law-leather, in style not inferior to volume
one Ohio state reports, and shall be in form and manner of execution similar
thereto; and each volume thereof shall contain all the cases for report and pre-
pared, decided during the year ending on the first day of April immediately
preceding the publication of such volume, and such others theretofore decided
as the court directs; and the court may, for the sake of uniformity in the size
287
Tit. IV, Ch. 1.
SUPREME COURT.
S$ 433-435
of the volumes, or for other good cause, direct a volume to be closed on a
different day, and the issuance thereof with a less or greater number of cases;
and each volume shall contain an index and table of cases similar to those in
volume one, which the reporter shall prepare and furnish to the supervisor, or
other officer, to be printed, delivered, and distributed, as aforesaid, in time so
as not to delay the publication of such volume. [69 v. 99, $7.1
SEC. 433. [Shall be bound and delivered to secretary of state; dis-
tribution by mail.] When the printing of any volume is completed, as afore-
said, the supervisor, or other officer, shall cause the copies thereof not distributed,
to be bound according to law, and shall deliver the same so bound to the
secretary of state, together with a statement of the actual cost to the state of
publication per volume; and the secretary shall forthwith send by mail to the
several clerks of the court of common pleas in the state such statement of cost
per volume, with ten per centum added thereto; and thereupon, on the receipt
in money of the price, with such per centum added per volume, accompanied
with a certificate, to be made and delivered without cost, of any such clerk,
under seal, or other satisfactory evidence that each copy of the report thus
sent for, is for the actual use of some person being a citizen of this state, the
secretary shall pay such money into the state treasury, and forward such copy
or copies to the person or persons so transmitting the price thereof; but no
more copies shall be sold in any county than would be sent thereto, were the
whole edition distributed among the several counties according to their popu-
lation, respectively. [69 v. 99, § 8.]
SEC. 434. [Disposition of residue.] After receiving the number of
copies of the first edition of any such report necessary for the distribution
authorized by law, and a sufficiency in addition to supply the probable demand
for actual use in this state, the residue thereof shall be disposed of in such
manner, by way of exchange for works on law and equity for the use of the
state law library, or otherwise, as the supreme court or the general assembly
by resolution directs; but the court shall not authorize the sale of any volume
for less than the cost price thereof, with ten per centum added; and no
volume of the first edition of any such report shall be sold, or offered for sale
in this state, to any citizen thereof, for more than such cost price, with twenty
per centum added; and any person violating this provision is guilty of a mis-
demeanor, and on conviction thereof shall be fined in any sum not less than
ten nor more than one hundred dollars. [69 v. 99, § 9.]
SEC. 435. [Commissioners of public printing to contract for printing;
binding.] The commissioners of public printing shall, at the same time and
place, in the same manner and under the same restrictions and requirements
that they advertise and let the other public printing of the state, advertise and
let the printing required by this chapter to be done: each volume of the reports
to be equal in quality and mechanical execution to volume one Ohio state.
reports; and the binding herein required shall likewise be provided for by the
commissioners; but they shall cause the same to be done at the binding
department of the deaf and dumb asylum, if, in their judgment, that be prac-
ticable. [69 v. 99, § 10.]
SEC. 436. [Reporter shall procure copyright; his compensation.] The
reporter shall secure a copyright for the use of the state, for each volume
of the reports so published; and he shall receive as compensation for his serv
ices a sum not exceeding fifteen hundred dollars yearly, payable out of the
state treasury, in such installments as the supreme court, by order entered on
its journal, directs. [90 v. 22; 73 v. 172, § 1Î.]
This copyright is void, Banks v. Manchester, 128 U. S. 244, 245.
Reporter of supreme court is entitled to his pay for the year at the completion of his work, and is not
required to wait till the end of his year: Ex parte Lawrence, 1 O. S. 431.
288
$ 437.
SUPREME COURT.
Tit. IV, Ch. 1.
Where the judge of the supreme court of a state prepares the opinion or decision of the court, the state-
ment of the case and the syllabus or head-note, and the reporter of the court takes out a copyright for such
matter in his name "for the state," the copyright is invalid: Banks v. Manchester, 128 U. S. Supreme
Court 244.
A copyright, as it exists in the United States, depends wholly on the legislation of Congress: Ib.
SEC. 437. [Reporter may contract for printing supreme court re-
ports; cost, etc.; price to citizens of state; bond and rights of contractor.]
In lieu of the letting and printing and binding of the reports by the means
aforesaid, the reporter may contract with any responsible person or firm to fur-
nish the material and to print and bind in the manner, in all respects and with
the expedition provided in this chapter, a sufficient number of copies of each
volume of the reports to supply the state with three hundred and fifty copies,
at a cost not exceeding one dollar and twenty-five cents per volume, and the
demand of the citizens of this state, at a cost not exceeding one dollar and fifty
cents per volume, delivered at some convenient point within the state; and in ad-
dition thereto, to furnish the secretary of state promptly with a requisite number
of advance sheets of such reports, as herein provided, for distribution as afore-
said; and the price per volume of the reports to any person or firm in this state
shall not exceed the sum named in the contract with the reporter, for a period
of twenty years; and such person or firm so contracting, shall enter into bonds
to the state, with at least three good and sufficient sureties, residents of the
state, to the satisfaction of the governor, in the sum of ten thousand dollars,
conditioned for the printing and binding, as provided in this chapter, of such
reports for the state, and for citizens thereof, on demand, at a cost named in
such contract, and for the furnishing of such advance sheets for distribution,
as aforesaid. Such contract shall not be for a longer period than two years;
and such contractor shall have the sole and exclusive right to publish such
reports, so far as the state can confer the same, during such period of two years,
and shall be furnished with the manuscript to be printed, as provided in this
chapter. [91 v. 419; 78 v. 14; Rev. Stat. 1880; 69 v. 99, § 13.]
The contract to publish, may, with the acquiescence of the state, be assigned. The assignees of the
original contractors have the right to complete any volumes of reports, upon the publication of which they had
entered, in good faith, prior to June 23, 1884; and the fact that, on the last day named, a sufficient number of
opinions had not been delivered to complete the volumes then in course of publication, will not defeat such
right. The contract was to publish volumes of reports that may be ready for publication within two years
from the twenty-third day of June, 1882; and the secretary of state and reporter did not have sufficient manu-
script on June 23, 1884, to make another volume: Banks v. DeWitt, 42 O. S. 263.
On refusal to furnish manuscript, the officer may be compelled to do so by mandamus: Ib.
The judge, who, in his judicial capacity, prepares the opinion or decision of the court, the statement of
the case and the syllabus, is not its author or proprietor, in the sense of 4952 of the Revised Statutes of the
United States, so that the state can become his assignee and take out a copyright for such matter: Banks v.
Manchester, 128 U. S. Supreme Court 244.
SEC. 438. [Court may remove librarian, messenger, or reporter.] The
court may, at any time, by its order entered on its journal, remove the law
librarian, the assistant law librarian, or the reporter. [64 v. 24, § 1; 69 v. 188,
§1; 69 v. 99, §1.]
(438-1) [Surplus volumes, how to be disposed of.] The secre-
tary of state be and he hereby is required to supply to any of the counties
of this state such surplus volumes of the Ohio reports and Ohio state reports
in the state library, or in the custody of said secretary of state, as the clerks
of the courts thereof shall respectively certify to be missing or lost: pro-
vided, that there shall always be retained in the state library of each of the
volumes of said reports at least the number of fifty, except as to the volumes.
two and five of the Ohio state reports, now in the custody of the Ohio state
librarian, which for the purposes of distribution to counties in which they are
deficient at this time, he is authorized to reduce to thirty-four copies of vol-
ume two and thirty-eight copies of volume five. [68 v. 109; S. & S., p. 623 ;
67 v. 101.]
(438-2) [Re-print of certain exhausted volumes; deficiencies to be
supplied; sale of residue volumes, etc.] And volumes 1, 2, 3, 4, 5, 6, 7, 8,
289
Til IV, Ch. 1.
SUPREME COURT.
SS 439-440.
9, 10, 11, 12, 13, 14, 15, 16, and 20 of the Ohio Reports having become
exhausted, and out of print, the secretary of state is authorized and directed,
to have one thousand copies of each of the same printed, under the printing
contract now subsisting, and by the public printers, and in the same style as
the other volumes of said reports have heretofore been printed, and bound in
law binding, at the binding department in the institution for the education of'
the deaf and dumb, and placed in the charge of said secretary, at the earliest
practicable time; and that said secretary, as fast as the same are received, first
to supply to the clerks of the several counties the volumes deficient therein,
taking, in every case, the receipt of such clerk for the same; and that the
residue of said books, except two hundred of each volume thereof, be sold by,
and under the direction of said secretary of state, to persons only, in single
copies of any volume, and for the actual use of such person, at a price per
volume of not less than two dollars and fifty cents per volume; and that the
moneys arising from such sales, be, by said secretary, as often as once in every
quarter of the year, accounted for specifically, and certified and paid into the
state treasury, to the credit of the general revenue fund of the state. [68 v.
109; S. & S., p. 623; 67 v. 101.]
Secretary of state authorized to contract for re-publication of volumes two to eigh-
teen Ohio State Reports, and for reduction of price on volumes nineteen, twenty and
twenty-one. See 71 v. 117.
PRACTICE.
SEC. 439. [Supreme court may prescribe rules of practice; revision,
recording, and publication of.] The supreme court may prescribe such rules
for the regulation of its practice, the reservation of questions, and the trans-
mission of cases from the lower courts to that court, and remanding the same,
as shall not be inconsistent with the constitution and statutes of the state.
All decisions by either division of the court, in causes or matters not reserved
to the full court, shall be entered as the judgment of the court. When the
judges comprising either division divide as to the decision in a cause before it,
the cause shall be reserved for decision by the full court; and when differ-
ent causes involving the same question are before the respective divisions at
the same time, such causes shall also be reserved for decision by the full court.
If the whole court be divided evenly as to the decision in any cause, the judg-
ment of the lower court shall be entered as affirmed, and such decision shall
be held to be the law as to all such questions in other causes until overruled
by a majority of all the judges. And when the members of the court, in any
matter of original jurisdiction, divide evenly on any question or questions
therein, the determination of the members with whom the chief justice votes
shall be held to be the judgment of the court. [89 v. 318; 82 v. 16, 18; Rev.
Stat. 1880; 71 v. 62, § 6; (S. & C. 378; S. & S. 249).]
up
SEC. 440. [Order in which cases shall be docketed and heard.] All
cases brought in or taken to the court shall be entered on the docket in the
order in which they are commenced, received or filed, and they shall be taken
and disposed of in the same order, except that the court may take up and
dispose of the following classes of cases in advance of their order on the docket:
Cases where the persons seeking relief have been convicted of felony; cases
involving the validity of any tax levied or assessment made, or the power to
make such levy or assessment; cases involving the construction or constitu-
tionality of any statute, or any question of practice, where the questions aris-
ing are of general public interest; and proceedings in quo warranto, manda-
20
290
§§ 441-443.
SUPREME COURT.
Tit. IV, Ch. 1..
mus, procedendo, or habeas corpus; and cases of general interest to the public.
where two or more of the circuit courts of the state have held the law directly
opposite upon like facts; where the relief sought is damages for personal
injury, or for death caused by negligence, and the person injured makes affi-
davit that he is, or, in case of death, the widow, or any of the next of kin to
the deceased, makes affidavit that they are dependent for their livelihood upon
their daily labor; and all cases in which any trust fund for the care, support
or education of any minor or care or support of any imbecile person is in
question, and when any case is reached in its order, and there are other cases
on the docket involving the same question, or some of them, the latter may be
taken out of their order and disposed of with the case so reached; and when
a case is disposed of, and again comes into court, it shall be taken up as if it
had its original place on the docket. Provided, that in all cases on the docket
of said court where there is involved the construction of the statutes, or any
of them providing for the annexation of territory to a municipal corporation,
the court may take up and advance said cases out of their order on the appli-
cation [of] either party. And this section shall apply to all actions now pend-
ing as well as those hereafter to be brought. [88 v. 381; 86 v. 372; 85 v. 164;
Rev. Stat. 1880: 71 v. 62, § 6.]
A case coming a second time to this court is regarded as the same case as was here before: Cockley v.
Brucker, 54 O. S. 214, 225.
SEC. 441. [Oral arguments shall be heard on request; arguments
may be filed.] In all cases oral arguments shall be heard when either party
requests it; but the arguments of counsel may be transmitted to the court, in
which case they shall be placed on file with the papers and read by the court
in the investigation of the cause; and in cases in which the constitutionality
of any law of the state is involved, the court shall, upon request, allow coun-
sel, not exceeding two on a side, in addition to the counsel engaged by the
parties, to be heard orally, or in writing, as such counsel prefer. [66 v. 17, § 7;
(S. & C. 379; S. & S. 249).]
SEC. 442. [Supreme court may issue certain writs.] The supreme
court, when in session, in addition to the original jurisdiction conferred by
section two, article four, of the constitution, may, on good cause shown, issue
writs of supersedeas in any case, and all other writs not specially provided for,
nor prohibited by statute, which may be necessary to enforce the due adminis-
tration of justice throughout the state. [51 v. 473, § 1; S. & C. 382.]
The appellate jurisdiction of the supreme court extends only to the judgments and decrees of courts
created and organized in pursuance of the provisions of the Constitution. The appeal provided for in 3 74 of
the taxation act of April 13, 1852 (50 v. 135), is in conflict with the provisions of the Constitution, from
which the jurisdiction of the court is derived, and can not therefore be had: Ex parte Logan Br. Bank,
10. S. 432.
Certiorari is not a proper mode of reviewing a proceeding in chancery, nor is such proceeding subject to
review, under our present practice, on a petition in error: Gilliland v. Sellers, 2 O. S. 223.
SEC. 443. [Process issuing from supreme court: how directed and
served.] Process issuing out of the supreme court shall be directed to the
sheriff, or other proper officer of the county where the same is to be executed,
who shall serve and return the same; and the crier or messenger of the court
may serve any rule, order, warrant, notice, or citation, issuing out of the court,
and he shall receive the same fees therefor as other officers are entitled to for
like services. (§ 444.) [1885, February 7: 82 v. 16, 19; (S. & C. 386).]
Property levied on, and execution stayed by supersedeas, can not be sold on procedendo. The latter
writ only authorizes the issuing of a vendi exponas: "Conn v. Doyle, 2 O. 318.
A decree in chancery rendered in the supreme court may be remanded to the common pleas for execu-
tion: Craig v Fox, 16 0. 564.
Procedendo may be awarded to the common pleas when that court refuses to proceed to try a case prop-
erly pending therein: In re Kazer, 5 O. 545,
The entry of the mandate from the supreme court of the United States is in accordance with uniform
practice heretofore prevailing in this state : Piqua Bank v. Knoup, 6 O. S. 343.
The act of 1884 (81 v. 126) for the election and term of a supreme judge was repealed
in 1892 (89 v. 318), see 2 410a.
291
Tit. IV. Ch. 2.
CIRCUIT COURT.
§ (433-1).
STENOGRAPHER.
(443-1) SEC. 1. [Supreme court stenographer.] The supreme court
of the state of Ohio shall, immediately after the passage of this act, appoint
one official stenographer for the use of said court, for the term of three years
from the date of said appointment, and shall thereafter, every three years, ap-
point a successor for the same term of office. (93 v. 222.)
(443—2) SEC. 2. [Salary.] The stenographer, appointed under this
act, shall receive a salary of one thousand dollars per year, payable in monthly
installments, out of the state treasury upon the certificate of the chief justice.
(93 v. 222.)
(443-3) SEC. 3. [Oath; duties; removal.] Said stenographer shall
take an oath of office as official stenographer of said court, and shall perform
such duties as said court shall designate, and may be removed by the court at
any time for incompetency, neglect of duty, or other good cause. In case of
removal, appointment shall be made for the unexpired term. (93 v. 222.)
(443-4) SEC. 4. [State to furnish typewriter, etc.] The state shall
furnish to such stenographer a typewriting machine, and all necessary material
for use in the performance of the duties of stenographer to said court, which
shall be and remain the property of the state of Ohio. (93 v. 222.)
SECTION
444.
CHAPTER 2.
CIRCUIT COURT.
SECTION
How many judges shall constitute the circuit court:
term of office: when to begin.
451.
452.
415.
How many circuits; of what counties each circuit
is composed.
453.
445a. Judges of the third, sixth, and eighth circuits; elec-
tion of judges in certain circuits; judges third
and sixth circuits; certificates of times of holding
courts.
446. Quorum; who shall preside.
447. Jurisdiction of the circuit court.
448. Order of cases on the docket; precedence of
certain cases.
449. Annual meeting of circuit judges; chief justice;
times of holding circuit courts.
150. How many terms shall be held each year in
each county.
Court may make and publish rules of practice.
When causes may be heard out of the proper
county; when special term may be held.
Transfer of disqualified judge for judge of other
circuit; assignment of judge; expenses of
judge so assigned.
454. To whom process shall be directed; by whom
served; fees for serving the same; providing
of room for holding court, etc.; stationery,
etc.; county to pay expenses.
4546. Judges to fix time of commencement of terms;
duties of clerks; proviso.
454d.
Additional bond in cases pending in district
court. February 9, 1885.
455. Salary of judges of the circuit court; when and
how salary shall be paid.
[1885, February 7: 82 v. 16, 19.]
The first act establishing the circuit courts is found in 81 v. 168-172, in the form of supplemental sec-
tions. These were afterwards incorporated in the act of 82 v. 16-40. The district court has been abolished,
and the sections of the Statutes (447-455) which related to that court have been repealed, and the numbers
used in the circuit court act.
For appointment of court constable, see ? 553.
For appointment of assistant prosecuting attorney for the trial of case, see ? 7196.
For an act to provide for the appointment, by courts of record, of trustees to receive,
hold, and manage funds belonging to unknown or non-resident parties, and for the protec-
tion of those who pay to such trustees" (84 v. 232), see ? (6327-1) et seq.
Jurisdiction of supreme court for error in judgment rendered or final order made as
to construction of jurisdiction of any court of this state, see 26710.
Right of appeal and error from court of insolvency of Cuyahoga county to circuit
court in what cases, see (548—25a).
SEC. 444. [The circuit court: how constituted; term of judges.] The
circuit court shall consist of three judges in each circuit; one of whom shall
be chosen every two years, and shall hold his office for six years, beginning on
the ninth day of February next after his election. (81 v. 168, SS 447c, 447d.
See Const., Art. IV, § 13.) [1885, February 7: 82 v. 16, 19.]
Ineligible to office of county auditor, 1020.
Judges of the court of common pleas are judges of the district court, and, as such, empowered to exercise
its authority: Hollister v. Judges, 8 O. S. 202; and a district court held by three or more of the common pleas
judges, without the presence of a judge of the supreme court, is a lawful and constitutional court: King v.
Safford, 19 O. S. 587.
292
§§ 445-445a.
CIRCUIT COURT.
Tit. IV, Ch. 2.
SEC. 445. [Circuit courts.] The state shall be divided into eight
judicial circuits, as follows:
[Counties composing first circuit.] The counties of Hamilton, Clermont,
Butler, Warren and Clinton shall constitute the first circuit.
[Second circuit.] The counties of Preble, Darke, Shelby, Miami, Mont-
gomery, Champaign, Clarke, Greene, Fayette, Madison and Franklin shall con-
stitute the second circuit.
[Third circuit.] The counties of Mercer, Van Wert, Paulding, Defiance
Henry, Putnam, Allen, Auglaize, Hancock, Hardin, Logan, Union, Seneca,
Marion, Wyandot and Crawford shall constitute the third circuit.
[Fourth circuit.] The counties of Brown, Adams, Highland, Pickaway,
Ross, Pike, Scioto, Lawrence, Gallia, Jackson, Meigs, Vinton, Hocking, Athens,
Washington and Monroe shall constitute the fourth circuit.
See note to seventh circuit.
[Fifth circuit.] The counties of Morrow, Richland, Ashland, Knox,
Licking, Fairfield, Perry, Morgan, Muskingum, Coshocton, Holmes, Wayne,
Stark, Tuscarawas and Delaware shall constitute the fifth circuit.
[Sixth circuit.] The counties of Williams, Fulton, Wood, Lucas, Ottawa,
Sandusky, Erie and Huron shall constitute the sixth circuit.
[Seventh circuit.] The counties of Lake, Ashtabula, Geauga, Trumbull,
Portage, Mahoning, Columbiana, Carroll, Jefferson, Harrison, Guernsey, Bel-
mont and Noble shall constitute the seventh circuit.
Monroe county was transferred from the fourth to the seventh circuit in 1894, see
? (481-72).
[Eighth circuit.] The counties of Cuyahoga, Summit, Medina and Lorain
shall constitute the eighth circuit. [1887, March 21: 84 v. 240; 82 v. 16, 19;
81 v. 168, § 447a.]
SEC. 445a. [Judges of the third, sixth and eighth circuits; election
of judges in certain circuits.] The circuit judge heretofore elected in the
sixth circuit, and now residing therein, as constituted by this act, shall con-
tinue to be judge of said circuit until the end of his term, and the two judges
of said sixth circuit, heretofore elected therein, but now resident within the
eighth circuit as constituted by this act, shall be judges of said eighth circuit
until the end of their terms, and there shall be elected by the electors of the
sixth circuit, on the first Tuesday in November, 1887, two circuit judges, one to
serve for five years, and one to serve for one year, from the ninth day of Febru-
ary, A. D. 1888, and at the annual elections next preceding the expiration of
their terms of office respectively, their successors shall be elected for the full
term of six years; and there shall also be elected, by the electors of the eighth
circuit, on the first Tuesday in November, A. D. 1887, one circuit judge for the
term of three years, from the ninth day of February, A. D. 1888, and at the
annual election next preceding the expiration of his term, his successor shall
be elected for the full term of six years.
[Judges third and sixth circuits.] The circuit judges of the third and
sixth circuits shall continue to hold their offices and perform all their duties
as judges of said third and sixth circuits until the ninth day of February,
1888, the same in all respects as though this act had not been passed.
[Certificates of times of holding courts.] The certificate of the times
of holding courts for the year A. D. 1888, in said sixth and eighth circuits, as
the same shall be fixed by the judges of the circuit court at their annual meet-
ing, on the third Tuesday of September, A. D. 1887, shall be signed and
authenticated to the clerks of the circuit court in said courts, by the judges.
of the circuit court of the sixth circuit as heretofore constituted. [1887, March
21: 84 v. 240.]
The clause fixing the time for the election of the new judges is surplusage, and should be disregarded.
The general provisions of the statutes for the election of circuit judges, on the first Tuesday after the first
Monday of November, applies to the new judgeships: Sawyer v. State ex rel., 45 0. S. 343.
293
l'it. IV, Ch. 2.
"
CIRCUIT COURT.
§§ 446-449.
SEC. 446. [Circuit court judges; what shall constitute a quorum;
absence of judges; presiding judge.] A majority of the judges of the circuit
court, competent to sit, shall be necessary to form a quorum, or to make or
render any order, judgment, or decree; but no judge shall absent himself from
any term of court in his circuit or to which he has been assigned, except on
account of sickness or unavoidable casuality, which cause furnished in writing
by the absentee, shall be entered on the journal, and in the event of the absence
of any such judge, for any of the causes aforesaid, the judges present shall not
proceed to the transaction of any business, until such cause of absence, in writ-
ing, shall have been entered on the journal. The judge in each circuit having
the shortest time to serve, and not holding his office by appointment or election
to fill a vacancy, shall preside, and, in case of his absence, the judge having in
like manner the next shortest time to serve shall preside. (81 v. 168, §§ 447b,
4516.) [1885, February 7: 82 v. 16, 20.]
Who shall be the presiding judge in the circuit court: State ex rel. v. Hueston, 44 O. 8. 8.
Two judges may form a quorum, but if they divide as to the effect of evidence, no valid judgment can
be rendered: Deglow v. Kruse, 57 O. S. 434.
SEC. 447. [Jurisdiction of the circuit court.] The circuit court, in
addition to the original jurisdiction conferred upon it by section six of article
four of the constitution, may, on good cause shown, issue writs of supersedeas
in any case, and all other writs not specially provided for, nor prohibited by
statute, which may be necessary to enforce the due administration of justice.
(81 v. 168, § 448a.) [1885, February 7: 82 v. 16, 20.]
Final jurisdiction where amount involved, exclusive of interests and costs, is $300 or
less, see? 6710.
There is no appeal from the common pleas to the circuit court in a case to contest a will: McMaster v.
Keller, 1 C. C. 476.
SEC. 448. [Order of cases on the docket in the circuit court; order
of their disposition.] All cases brought in or taken to the circuit court shall
be entered on the docket in the order in which they are commenced, received
or filed, and they shall be taken up and disposed of in the same order, unless
for good cause shown the court otherwise direct; but cases where persons seek-
ing relief are imprisoned or have been convicted of a felony; cases involving
the validity of any tax levied or assessment made, or the power to make such
levy or assessment; cases involving the construction or constitutionality of a
statute or any question of practice, where the questions arising are of general
public interest; and proceedings in quo warranto, mandamus, habeas corpus,
or procedendo; and cases when the relief sought is damages for personal
injury, or for death caused by negligence, and the person injured makes affi-
davit that he is, or in case of death, the widow, or any next of kin of the
deceased, makes an affidavit that they are dependent for their livelihood upon
their daily labor, may be taken up in advance of their assignment or order on
the docket; and when a case is dismissed or otherwise disposed of, and again?
comes into court, it shall be taken up as if it had retained its original place
on the docket. [91 v. 303; 82 v. 80; 82 v. 16; 81 v. 168, § 452a.]
SEC. 449. [Annual meeting of circuit judges; chief justice; times of
holding circuit courts.] The judges of the circuit court shall, on the third
Tuesday in September annually, meet in the supreme court room in the city
of Columbus, and organize by choosing one of their number chief justice for
the next judicial year, which shall commence on the first day of January; and
they shall then issue an order to the clerk of the circuit court in each county
of their respective circuits, fixing the time of commencement of each term of
the circuit court in each county in each circuit for the next judicial year, and
deliver a copy thereof to the secretary of state. Such order may thereafter be
changed by the judges in any circuit when the business thereof shall require
294
§§ 450-453.
CIRCUIT COURT.
Tit. IV, Ch. 2.
it; and until such changes have been made, the terms in each county shall be
The
held at the times fixed by the judges, annually, in general convention.
clerk of the circuit court, upon receipt of any such order signed by the judges
of his circuit, shall immediately enter the same on the journal of the circuit.
court of his county, and such entry shall be sufficient evidence as to the legal
terms for holding the courts as therein ordered; and such clerk shall cause a
copy thereof to be published in one or more newspapers of general circulation
in his county, once a week, on the same day of the week, for three consecutive
weeks. (81 v. 168, § 4546.) [1886, March 25: 83 v. 39; 82 v. 16.]
SEC. 450. [Number of terms in each county.] Two terms of the cir-
cuit court shall be held in each county in each year; and the court may, when
the business requires it, continue a term in any county beyond the time
allotted to such county. (81 v. 168, §§ 4496, 453a.) [1885, February 7: 82 v.
16, 21.]
SEC. 451. [Rules of practice of the circuit court.] The judges of the
circuit court of the state, or a majority of them, may make and publish such
uniform rules of practice for all the circuits, as they may deem proper, pro-
vided they are not in conflict with statute or the rules of the supreme court.
(81 v. 168, § 451b.) [1885, February 7: 82 v. 16, 21; (S. & C. 397).7
When a question of law has been directly decided by one of the circuit courts of Ohio, it should be fol-
lowed by the other circuits, unless it clearly appears to the court that the decision is wrong: State ex. rel.
Wentzell v. Fosdick, 1 C. C. 265.
SEC. 452. [When and how the circuit court may hear and determine
actions outside of the county in which they are pending.] When from any
cause the circuit court shall fail to be held in any county, at the time pre-
scribed by law, the court may hear and determine any action pending therein,
if the parties agree, in any other county of the circuit, as is usual in cases
taken under advisement, and certify its action back to the proper county for
entry and record as of that term; and if from any cause there is a failure to
hold a prescribed term of the circuit court in any county, the judges of the
circuit court shall, if the business of such county require it, appoint and hold
a term therein, at as early a period thereafter as may be practicable. The
clerk of the circuit court shall cause thirty days' previous notice of the hold-
ing of such special term to be published in one or more newspapers having a
general circulation in such county. (81 v. 168, §§ 449b, 450a.) [1885, February
7: 82 v. 16, 21.]
SEC. 453. [Transfer of disqualified judge for judge of other circuit;
assignment of judge; expenses of judge so assigned.] When a judge of
the circuit court is interested in any cause or matter pending in the circuit
court of any county of his circuit, or is related to or has a bias or a prejudice
for or against either or any party to such cause, or has a bias or prejudice for
or against any attorney of record of any party to such cause, or has sat in the
lower court in the same cause or matter, or is otherwise disqualified to sit in
such cause or matter, on request made by such judge to the chief justice he
shall be transferred for the time being by the chief justice of the circuit court
to another circuit in exchange for a judge of the circuit court who is qualified
to sit in the trial or hearing of such cause or matter, or on the filing of an
affidavit of either or any party to such cause or matter, or of his or her coun-
sel setting forth the fact of such interest, bias, prejudice, or disqualification,
the clerk of the court wherein such cause is pending shall forthwith enter the
fact of the filing of such affidavit in said cause on the trial docket of said
court, and forthwith notify the chief justice of the circuit court, or if he be
disqualified, as aforesaid, or be absent from the state or disabled in any manner,
a judge of some other circuit who is qualified, who shall thereupon, forthwith,
make an order transferring, for the time being, the judge named in such affi-
davit to another circuit in exchange for a judge of the circuit court of such
295
Tit. IV. Ch. 2.
CIRCUIT COURT,
SS 454-4546.
other circuit, who is qualified to sit in the trial or hearing of such cause or
matter, and designate and appoint said judge from such other circuit to take
the place of the judge disqualified, as aforesaid, in the hearing of any such
cause or matter where the same is pending; and the order therefor shall be
entered upon the journal of said court, and the judge so designated to take
the place of said judge disqualified, as aforesaid, shall proceed to perform the.
duties so assigned to him; and said judge so disqualified, as aforesaid, shall
not sit in the trial or hearing of said cause or matter. And upon request made
by the presiding judge of any circuit to the chief justice to assign a judge, or
judges of the circuit court to hold court with the judge of [or] judges of such
circuit, or to assign judges to hold an additional court in such circuit, such chief
justice shall, upon being satisfied that the business of such circuit requires it,
assign such judge or judges of the circuit court, as in his opinion can be so
assigned without impairing the business of the circuit of which he is a resi-
dent, to hold court in such circuit, and any judge so assigned, excepting in
cases of transfers in exchange, shall be paid five dollars a day for expenses for
every day he shall perform such judicial duties, including the time necessarily
devoted to the examination and decision of cases heard by him in such circuit,
out of the state treasury upon warrant of the auditor of state to be issued upon
certificate of such chief justice. [93 v. 314; 91 v. 206; 82 v. 16, 21; 81 v. 168,
§§ 454a, 454c.
SEC. 454. [Process from the circuit court; to whom directed and how
served; providing of room for holding court, etc.; stationery, etc.; county
to pay expenses.] Process issuing out of the circuit court shall be directed to
the sheriff or other proper officer of the county where the same is to be exe-
cuted, who shall serve and return the same according to the command thereof;
and he shall receive the same fees therefor as such officers are entitled to re-
ceive for like services in the common pleas court. It shall be his duty to
attend upon the circuit court during its term in his county, and the county
commissioners must provide a room for the holding of the circuit court and a
consultation room for the judges and cause said rooms to be properly furnished,
heated, ventilated, lighted and kept clean and in good order, and provide such
other conveniences as the court may deem necessary; and upon the written
requisition of the court the clerk of the court shall provide the court with all
necessary stationery and furnish for the use of the court reports of the deci-
sions of the courts of this state and the latest edition of the Revised Statutes
and annotated codes, which books shall be the property of the county, and the
expenses so incurred by the clerk shall be paid out of the county treasury on
the warrant of the county auditor, and the performance of the foregoing duties
by the sheriff, clerk and commissioners respectively, may be enforced by the
court. (81 v. 168, § 454f.) [93 v. 315; 82 v. 16, 22.]
SEC. 454b. [Judges to fix time of commencement of terms; duties of
clerks; proviso.] The circuit judges of each circuit shall annually, on or
before the first day of October, issue their written order to the clerk of the
circuit court in each county of their respective circuits, fixing the time of the
commencement of each term of the circuit court in each county in such circuit
for the next year, and any order so made may be changed or amended by an
amendatory or supplemental order issued to such clerks by said judges, and
the circuit courts shall be held for the year covered by such order or orders at
the time fixed therein. And the clerk of the circuit court on receipt of any
such order or orders shall immediately enter the same upon the journals of the
circuit court, and such entries shall be sufficient evidence as to the legal terms
for holding the courts as therein ordered, and such clerk shall cause a certified
copy of such order or orders to be published in one or more newspapers of
general circulation in such conty once a week, on the same day of the week.
296
!
§§ 454d-455.
CIRCUIT COURT.
Tit. IV, Ch. 2.
for three consecutive weeks. Provided, that the circuit judges elected at the
first election shall meet on the tenth day of February, 1885, and fix the terms
of the circuit court in the several counties of their respective circuits in
manner as aforesaid, for the year 1885. [1884, April 14: 81 v. 168, 170.]
SEC. 454d. [Additional bond in cases pending in district court, Feb-
ruary 9, 1885.] Any party to an action or proceeding pending in the dis
trict court on the ninth day of February, 1885, who in such action or proceed
ing shall have given bond, undertaking or recognizance conditioned upon the
judgment, order or decree of the district court, shall within thirty days there-
after, or if by accident, or inadvertence, or oversight not within that period,
within such reasonable time as the circuit court shall determine, give an addi-
tional bond, undertaking or recognizance according to law, so as to make the
same conditioned upon the judgment, order or decree of the circuit court
instead of the district court. On failure to give such bond, undertaking or
recognizance within the term so required by law, or prescribed by the court,
upon motion filed and notice given, the circuit court may proceed in such
action or proceeding as if no bond, undertaking or recognizance had ever been
given. [1885, April 16: 82 v. 126; 81 v. 168.]
The act of April 16, 1885, authorizing the circuit court to grant further time to file additional bond in
cases appealed from the court of common pleas, is valid: South End Bank v. McGuffey, 1 C. C. 88.
SEC. 455. [Judges of the circuit court: salary of, when and how pay-
able.] Each judge of the circuit court shall receive for his service an annual
salary of four thousand dollars, payable quarterly, out of the state treasury
upon the warrant of the auditor of state, which shall neither be increased nor
diminished during his term of office; but he shall receive no fees or perqui-
sites, nor hold any other office of profit or trust under the authority of this
state, or of the United States. (81 v. 168, § 447d.) [1885, February 7: 82 v.
16, 22.]
In Hamilton county, salary of circuit judges, see 1289.
In Cuyahoga county, salary of circuit judges, see? (1289-1).
The following notes relate to original ? 455, which provided for the reservation to the supreme court by
the district court of difficult questions of law:
Where from the papers and the certificate of reservation there appears to be no question remaining for
decision, the case will be stricken from the docket or remanded: Portsmouth, etc., Tp. Co. v. Byington, 12 0.
114.
To warrant a reservation to a court of last resort the questions should be difficult, and not such as are
well settled and of familiar application: Jenkins v. Pearson, 10. S. 381.
A cause can not be reserved in the district court for decision by the supreme court unless the parties, or
some one of them, move that it be reserved: Semble v. Hewling, 2 O. S. 228.
Where a case has originated in the common pleas, and is reserved to the supreme court, and it does not
appear from the record how the case came into the district court, the case will be remanded: Young v.
Schenck, 6 O. S. 110.
After a case is reserved to this court upon issues joined and an agreed statement of facts, no change of
the pleadings making new issues and requiring further evidence will be allowed, unless it is made clear that
without it the rights of a party will be sacrificed or plain injustice done: Wiswell v. First Congregational
Church, 14 O. S. 31.
Prior to the amendment of ? 455, Revised Statutes, passed April 18, 1883 (80 v. 169), the reservation to the
preme court by the district court of difficult questions of law was unauthorized until the issues of fact
re determined: Duffy v. Meyers, 44 O. S. 245.
The finding of facts required on the reservation of a cause by 455, as amended April 18, 1883 (80 v. 169),
is a positive finding in which a final judgment may be rendered, and not a provisional one: Patterson v.
Lamson, 44 0.8, 487,
297
Tit. IV.
COURT OF COMMON PLEAS.
CHAPTER 3.
COURT OF COMMON PLEAS.
Ch. 3.
SECTION
SECTION
456. Jurisdiction.
457.
time fixed.
Times of holding common pleas courts; terms in
each county.
471.
472.
Interpreter.
458. Clerk of common pleas court to enter the order fixing
the times of holding common pleas court on the
journal.
459. Judges to forward copy of order fixing or changing
time of, etc.
460. Adjourned terms of common pleas.
461. Special terms of same.
462. Order for special term as to business thereat.
463. Times of holding Hamilton court of common pleas.
464. Powers and duties of judges in same.
465. Powers of president judge in Hamilton county
transferred to each judge.
466. Common pleas judges in Cuyahoga county may
classify their business and apportion the same.
467. In Cuyahoga county trial may be continued over
the term.
467-1. Same for all common pleas courts.
468. Apportionment of judicial labor in each com-
mon pleas district; amount of such labor
required of each judge.
Interpreter may be appointed by common plas
in Hamilton county.
473. His compensation.
474.
Cost thereof to be taxed.
474--1. Appointment of criminal bailiff; term of
474-2.
office.
Duties of criminal bailiff.
474-3. When additional bailiff may be appointed.
474-4. Bailiff to give bond: fixing salary.
475. Appointment of official court stenographers in
certain counties; term, removal; oath; per
assistant
diem compensation;
stenogra-
phers; oath; term; compensation; not
required to keep office in court house.
Official stenographers.
476.
477.
178.
When report of testimony may be ordered.
Stenographers' fees.
478a. Number and salaries of official stenographers in
Lucas and Montgomery courts of common pleas;
duties; when notes shall be transcribed in crim-
inal cases; fees for additional transcripts.
4786. Their duties and salary.
Transcripts of testimony.
469. The judges shall designate one to supervise the
execution of the order; his duties.
470. When the term may be continued beyond the
time fixed.
479.
480.
Fees for transcripts.
481.
Stenographers: office where to be located; powers of.
As to election of additional judges of the court of common pleas, see ? (481-1) et seq.
For "an act to authorize the creation and to provide for the operation of tribunals of
voluntary arbitration to adjust industrial disputes between employers and employed" (82
v. 45), see ? (4364—90) et seq.
For the designation of a daily law journal in certain counties (83 v. 25), see ? (557-4)
et seq.
For "
an act to provide for the appointment by courts of record of trustees to receive,
hold, and manage funds belonging to unknown or non-resident parties, and for the protec-
tion of those who pay to such trustees" (84 v. 232), see ? (6327-1) et seq.
As to appointment of assistant prosecuting attorney (Hamilton, Cuyahoga, Franklin,
and Lucas counties), see 1271.
assistant prosecuting attorney for trial of case, see ? 7196.
board of arbitration (82 v. 45), see ? (4364-90) et seq.
board of visitors of charitable and correctional institutions (79 v. 107), see
? (633-15).
commission in Cuyahoga county to determine bed of canal (79 v. 105), see
? (218-272).
counsel to defend indigent prisoner, see ?7245.
court constables, see 2553.
court interpreter in Hamilton county, see ? 471.
directors of house of refuge, see ?2085.
directors of Longview asylum, see 2723.
examiners of report of county commissioners, see 2917.
examiners of the offices of county auditor and treasurer, upon application
of twenty tax payers, see ?1131.
jury commissioners in counties containing a city of the first grade of the
first class, see ? 51896.
official stenographers, see 2475.
person to serve process in case of disability of sheriff, see 1208.
secret service officer in Hamilton county (85 v. 502, 561), see ? (1282—1).
soldiers' relief commission (83 v. 232), see (3107-52).
tax commission in certain cities, see ?2690a.
tax commission in counties having a population of 33,511 at last federal
census (Portsmouth and Scioto county) (82 v. 224), see ?2688-1).
trustees of the Cincinnati hospital, see? (2167—2).
To appoint commissioners of jurors for city and justice court in Toledo, see ? (6549—2).
To appoint a member of board of trustees of public library in Cincinnati, see? 3999.
To appoint two persons in connection with corporation counsel of Cleveland to ex-
amine report of accounts of school board in Cleveland, see ? (3899-16).
298
§§ 456–457.
COURT OF COMMON PLEAS.
Tit. IV, Ch. 3.
Duty under act authorizing Cuyahoga county to acquire a site and erect new county
buildings thereon, see 93 v. 587.
To appoint board of control for city of Hamilton, see (1545—289).
Charges against jail matrons of Cuyahoga county to be proven before and sustained by
? 7388c.
Of Cuyahoga county may transfer any action or proceeding now or hereafter pending
to court of insolvency, see ? (548—25a).
As to filling vacancies in office of county surveyor, see ? 1167.
director of town, see ? 838.
member of board of control, see? 997.
prosecuting attorney, see ? 1270.
Jurisdiction of supreme court for error in judgment rendered or final order made as
to construction of jurisdiction of any court of this state, see ? 6710.
SEC. 456. [Jurisdiction of common pleas.] The court of common pleas
shall have original jurisdiction in all civil cases where the sum or matter
in dispute exceeds the exclusive original jurisdiction of justices of the peace;
and appellate jurisdiction from the decision of county commissioners, justices
of the peace, and other inferior courts in the proper county, in all civil cases,
subject to the regulations provided by law. It shall have original jurisdiction
of all crimes and offenses, except in cases of minor offenses, the exclusive juris-
diction of which is vested in justices of the peace, or that may be vested in courts
inferior to the common pleas: provided, however, that in all criminal cases
where a person is indicted and tried in the court of common pleas for an
offense properly cognizable therein, and he is found guilty of any such minor
offense embraced within the terms of the indictment, the jury shall so return
in their verdict, and the court shall thereupon proceed to pass the sentence
prescribed by law, in such case. [52 v. 73, §5; S. & C. 386; (S. & C. 397).]
As to the jurisdiction of a justice of the peace, see 2585.
See ? 1020 as to judge being ineligible for office of county auditor.
The amount claimed determines the jurisdiction: Norton v. Hart, 1 O. 154; Jenney v. Gray, 5 O. S. 45;
Brunaugh v. Worley, 6 O. S. 598; but not as against an officer of whom a justice has no jurisdiction: Ford v.
Parker, 4 0. S. 576.
The common pleas as a probate court under the old Constitution had no chancery jurisdiction: Gilli-
land v. Sellers, 2 O. S. 223.
Constitution confers no jurisdiction; only conferred by legislature: Stevens v. State, 3 O. S. 453.
Judges are judges of their districts, and not merely of the subdivisions thereof, which are only created
for election purposes: Harris v. Gest, 4 O. S. 469.
Where cause is in common pleas on error from justice, on the ground of lack of jurisdiction in justice,
and the court find no jurisdiction, it may retain cause for final settlement: Adams Express Co. v. St. John,
17 O. S. 641.
A jurisdiction by consent gives the judges no power except as arbitrators: Bradly v. Sneath, 6 O. 490.
It is competent for a court of error to reverse a judgment, void for want of jurisdiction in the court
rendering the same, although the plaintiff in error voluntarily resorted to such court: Evans v. Iles, 7 O. S. 233.
Has jurisdiction where the amount claimed exceeds $100. It is the sum claimed, and not the amount
found due, that gives jurisdiction: Jenney v. Gray, 5 O. S. 45; Linduff v. S. & R. Plank-road Co., 14 O. S. 336.
Where court has no jurisdiction of subject matter, it can not be waived, but where it only lacks juris-
diction of the party, he may waive it: Steamboat General Buell v. Long, 18 O. S. 521.
Want of jurisdiction of cause or person may render decree void: Buchanan v. Roy's Lessee, 2 O. S. 251.
As to the jurisdiction of the court of common pleas in the matter of illegal taxes: Stephan, Treas. 7.
Daniels, 27 O. S. 533. Cited in dissenting opinion of Ashburn, J. in Lindsay v. Lindsay, 28 O. S. 170.
The authority of the several judges to hold court and to exercise jurisdiction at chambers is co-equal.
and extends throughout the district. Any number of them may sit in holding the same court (Constitution,
Art. IV, 23). The judicial labor of the district is to be apportioned by the judges among themselves: Rail-
road Co. v. Sloan, 31 O. S. 13.
Where a cause is appealed from a justice of the peace to the court of common pleas, the latter court is
limited in its jurisdiction to the amount for which the justice is authorized to enter judgment: Woolever v.
Stewart, 36 O. S. 146.
One who is necessarily interested in a case pending in the court of common pleas may be made a co-
defendant, although his claim amounts to less than $50: Keehn v. Wooster, et al., 13 C. C. 272; 7Q. D. 456.
The court of Common Pleas may hear an application for an injunction in a case as to trade marks inde-
pendently of an act of Congress: Reeder v. Brodie, 4 N. P. 265; 6 O. D. 248.
Property rights in trade marks do not exist by virtue of an act of Congress: Id.
See note to Bateman, Admr. v. Morris et al., 4 N. P. 397, as to foreclosure.
Common pleas has jurisdiction in probate matters whenever the probate court's jurisdiction is inade-
quate, as where a trustee's settlement was obtained by fraud: Rote v. Stratton, 2 N. P. 27 ; 3 O. D. 156.
SEC. 457. [Times of holding common pleas courts; terms in each
county.] The judges of the common pleas court in each common pleas district,
or a majority of them, shall on the third Tuesday in October, in each year,
issue their written order to the clerk of the common pleas court in each county
in such district, fixing the day of the commencement of each term of the com-
mon pleas courts in each county in such district for the next judicial year,
which shall commence on the first day of January; and any order so made
299
Tit. IV, Ch. 3.
COURT OF COMMON PLEAS.
SS 458-463.
may be changed by a subsequent order made and issued by them to the several
clerks of the court in the district; and the court shall be held for the year
covered by such order or orders at the times so ordered; provided, that not
less than three terms of the common pleas court shall be held in any county
each year. [1886, March 25: 83 v. 39; 82 v. 16, 22; Rev. Stat. 1880; 62 v. 12,
§§ 1, 2, 5; 64 v. 235, § 7; (S. & S. 595; S. & S. 600; S. & C. 1158).]
The time of the commencement of a term of court is to be determined by the record of the court, in con-
nection with the statute under which the term is held, and parol evidence is not admissible for that purpose:
Hemminway v. Davis et al., 24 O. S. 161.
Where the record fails to show the hour at which the court met, the session of the court will be pre-
sumed to have commenced at 10 o'clock A. M., that being the hour on the first day of the term, fixed by
statute for the return of the venires for the juries: Ib.
SEC. 458. [Clerk of common pleas court to enter the order fixing the
times of holding common pleas court on the journal.] The clerk of the
common pleas court of each county, on the receipt of any such order signed by
the judges of the district, shall immediatly enter the same upon the journal of
the common pleas court of his county, and such entries shall be sufficient evi-
dence as to the legal terms for holding the courts as therein ordered; and such
clerk shall also cause a copy thereof to be published in one or more newspapers
of general circulation in his county once a week, on the same day of the week,
for three consecutive weeks. [1885, February 7: 82 v. 16, 22; Rev. Stat.
1880; 62 v. 12, §4; 64 v. 235, §9; (S. & S. 596; S. & S. 600; S. & C. 1158).]
SEC. 459. [Judges to forward copy of order fixing or changing time
of, etc.] At the time of making and issuing any original or amendatory order
under the provisions of the two preceding sections, the judges making such
order shall cause a copy thereof to be forwarded to the secretary of state, who
shall forthwith thereafter cause copies of the list of the times of holding the
common pleas courts, so fixed for each common pleas district, to be made out,
and one copy thereof to be forwarded to each judge of the common pleas court
of the district. [1885, February 7: 82 v. 16, 22; Rev. Stat. 1880; 62 v. 12, § 3;
(S. & S. 596; S. & C. 1158).]
SEC. 460. [Adjourned terms of common pleas.] When the state of busi-
ness in any court of common pleas is such as to render it necessary, such court
may hold an adjourned term for the purpose of completing the business of the
regular term, notice thereof having been first entered upon the journal of the
court at the regular term at which the adjourned term is appointed. [53 v. 45,
§8; S. & C. 1160.]
Since adjournments to a distant day are, in general. highly impolitic, if the journal entries leave it
doubtful whether an additional term was intended, or merely to adjourn the regular term to a distant day,
the former construction will be preferred: Harris v. Gest, 4 O. S. 470.
SEC. 461. [Special terms may be held.] Any judge of the court of
common pleas may appoint and hold a special term of such court when the
same, in his opinion, is necessary, in any county in his subdivision; and in
such case the judge shall issue his order for such special term to the clerk of
the county wherein the same is to be held, at least three weeks prior to the
commencement of such term, and the clerk shall forthwith cause the order or
notice of the holding of such term to be published in some newspaper in such
county, or of general circulation therein. [53 v. 45, § 8; 63 v. 54, § 1; 50 v.
96, §§ 1, 2; S. & C. 1136, 1160; S. & S. 598.]
SEC. 462. [The business of a special term may be limited by the
order for same.] In ordering a special term the judge may designate what
business will be transacted thereat, and he may direct whether a jury or juries
shall be summoned. [63 v. 54, §§ 2, 3; S. & S. 599.]
SEC. 463. [Times of holding Hamilton court of common pleas.] The
regular terms of the court of common pleas in and for the county of Ħamil-
ton, shall begin on the first Monday of January, the first Monday of April,
the first Monday of July and the first Monday of October in each year.
[1888, January 26: 85 v. 5; Rev. Stat. 1880; 52 v. 3, § 1; (S. & C. 397).]
300
$464.
COURT OF COMMON PLEAS.
Tit. IV, Ch. 3.
SEC. 464. [Powers and duties of judges of Hamilton county.] The
judges of the court in that county may sit separately or otherwise, as they, at
any time, deem expedient, and may prescribe the mode of keeping and authen-
ticating the minutes of proceedings had before them, or any of them; and
may, at the beginning of each term, and at all times thereafter when necessary,
classify and distribute among themselves, for trial and determination, the busi-
ness pending in the court, as they deem most convenient to the public interests;
and may, from time to time, adopt and publish rules of practice, regulating
the docketing of causes and motions, the return of process, the time and man-
ner of filing pleadings, the entering and opening of defaults, the setting of
causes and matters for trial or hearing, and also such other matters of practice
as are necessary for the advancement of justice and prevention of delay, not
inconsistent with the laws of the state, causing all such rules to be entered on
their journals. [50 v. 82, §2; S. & C. 398.]
The authority of the several judges of the court of common pleas to hold court and to exercise jurisdic-
tion at chambers, in their respective districts, is co-equal and extends throughout the district. The judicial
labor of the district is to be apportioned by the judges among themselves: Railroad Co. v. Sloan, 31 O. S. 1.
When in a criminal case the judge who had been assigned to the trial of this case, invites another judge
to sit with him, and they together hear the evidence and agree upon the decision which should be rendered,
and it is entered in due form upon the journal of the proper court, held that was not erroneous as to the de-
fendant, and especially when no objection was made until the filing of a motion for a new trial: Haas v.
State, 13 C. C. 418; 7 O. D. 509.
SEC. 465. [Authority of president judge transferred in Hamilton
county.] Any authority conferred upon the president judge of the court of
common pleas, in the county of Hamilton, as heretofore organized by any
laws, not inconsistent with the constitution of this state, may be exercised by
any one of the judges of the court of common pleas in and for that county, as
now constituted. [50 v. 82, §7; S. & C. 398.]
SEC. 466. [Common pleas judges in Cuyahoga county may classify
their business and apportion the same.] The judges of the common pleas
court in Cuyahoga county may classify and arrange the business therein, and
assign to each of the judges such portion of the business as may be thought
proper, and such business may be disposed of by all or any number of the
judges sitting together, or each sitting separately; and the judges may make
such rules and regulations for the government of the officers of the court as
may be proper for the efficient transaction of the business. (77 v. 200.) [1885,
February 7: 82 v. 16, 23; Rev. Stat. 1880; 72 v. 105, § 4.]
As to terms of court in Cuyahoga county: Ex parte Shean, 25 O. S. 440.
SEC. 467. [Adjournment of trials to a day certain in next term.]
When a jury has been impaneled for the trial of any cause, or when any cause
is on trial in the common pleas court in the county of Cuyahoga, and it is
deemed proper, by reason of the approaching termination of any term thereof,
to continue and adjourn such trial to the next succeeding term, it shall be
lawful for the court to order and direct that the trial be adjourned to a day
certain, on which day the case shall proceed and be disposed of as if the trial
had commenced at such succeeding term. [72 v. 105, § 5.]
(467-1) [Same.] Whenever a jury shall have been impaneled for the
trial of any case, or whenever any action, either at law or in equity, shall be
on trial in any common pleas court of any county, if it shall be deemed
proper in the discretion of the court, by reason of the approaching termination
of any term of said court, or for any other cause, to continue and adjourn
such trial to the next succeeding term, it shall be lawful for the court to order
and direct that the trial be adjourned to a day certain, on which day the case
shall proceed and be disposed of, as if the trial had commenced at such suc-
ceeding term, and this act shall apply to pending cases. [90 v. 301.]
This same enactment, which, of course, supersedes 2467, had previously been made
as to the second subdivision fourth district, see 89 v. 189; and as to third subdivision fifth
district, see 87 v. 186; and as to Lucas county, see 77 v. 370, 25.
As to duty of all courts to render decision within a certain time, see ? (557—1).
301
Tit. IV, Ch. 3.
COURT OF COMMON PLEAS.
§§ 468–473.
SEC. 468. [Apportionment of judicial labor in each common pleas
district; amount of such labor required of each judge.] The judges of the
common pleas court in each common pleas district, or a majority of them,
shall, except as otherwise provided by law, at the time they fix the terms of
the common pleas courts in their respective districts, having previously ascer-
tained, as near as practicable, the probable amount of business in each of the
counties of the district, apportion the labor of holding the common pleas
courts of such district, as equally as may be, among the judges of the district;
and the judges, when they issue their order fixing their terms, shall specify
therein what terms, or parts thereof, of the common pleas courts shall be held
by each judge, in accordance with such apportionment; and not less than two
hundred and forty days of open session of the common pleas court shall be
held by each judge during the year, unless all business assigned to him is
sooner disposed of. [1885, February 7: 82 v. 16, 23; Rev. Stat. 1880; 72 v.
38, § 1.]
SEC. 469. [The judges shall designate a supervisory judge, who shall
see to the execution of such order.] The judges shall, at the same time, and
in the same order, designate one of their number to supervise the execution of
the aforesaid order, and when he receives satisfactory information that by
reason of illness or other disability of any judge of the court of common pleas
who has been assigned to hold the term or a part thereof in any county, is
unable to perform such duty, or when an unusual amount of business occurs
in any county over and above the business in other counties of the district,
which was not taken into consideration in apportioning the labor, the judge
so assigned to such supervising duty shall designate and assign any judge or
judges of the district who may not be for the time being engaged in holding
any court, to the discharge of the duties of such disabled judges during the
time of such illness or disability, or to aid in trying and disposing of such
unusual labor which was not considered in making the apportionment, so far
as may be; and thereupon such judge so designated, upon receiving notice
thereof from the judge so assigned to such supervisory duty, as aforesaid, shall
proceed to hold the courts, to the holding of which he or they have been thus
assigned. [72 v. 38, § 2.]
SEC. 470. [Common pleas may protract its session to finish cause, the
trial of which is commenced.] The court of common pleas in any county
may continue its session beyond the time fixed for the commencement of a
term in the next county, to be attended by the same judge when such contin-
ued session is necessary to finish the trial of any cause, or to receive a verdict,
or pronounce judgment in any cause, the trial of which has been commenced
during the term. [46 v. 24, § 2; S. & C. 1137.]
SEC. 471. [Interpreter may be appointed by common pleas in Hamil-
ton county.] The judges of the court of common pleas of Hamilton county
may appoint a suitable person as interpreter, who shall take an oath of office,
and hold his position at the will of the judges, and shall, under the direction
of the court, or any judge thereof, interpret the testimony of witnesses, and
translate any writing necessary to be translated in the court, or in any cause
therein, and perform such other services as are required by the court or any
judge thereof. [74 v. 68, §§ 1, 2.]
SEC. 472. [Interpreter.] The interpreter shall, without extra compen-
sation, render such services in the circuit court, superior court, and probate
court, as the judges of those courts may require. [1885, February 7: 82 v. 16,
23; Rev. Stat. 1880; 74 v. 68. $ 3.]
SEC. 473. [Compensation.] The interpreter shall receive for his services.
a compensation to be fixed by the judges appointing him, not to exceed twelve
hundred dollars per annum; and the auditor of the county is authorized to
draw his warrant upon the county treasurer therefor, who shall pay the same
out of any fund not otherwise appropriated. [74 v. 68, § 4.]
302
SS 474-475.
COURT OF COMMON PLEAS.
Tit. IV, Ch. 3.
SEC. 474. [Cost thereof shall be taxed.] The clerk of the court in
which such service is rendered, shall tax in the cost bill in every case, to be
collected as other costs, the sum of three dollars per day for the services of
such interpreter, where his services are required, and the fees shall be paid into
the county treasury to the credit of the county fund. [74 v. 68, §5.]
(474-1) [Criminal bailiff appointed.] That in all counties having a
population of one hundred and eighty thousand and upwards, at the federal
census of 1870, and in all counties containing a city of the first grade of the
second class, the judges of the court of common pleas shall, within twenty
days after this act takes effect appoint a criminal bailiff for such county, who
shall hold his office for the term of two years, and until his successor is ap-
pointed and qualified. Provided that this amendment shall not affect any
bailiff, or bailiffs now serving an unexpired term of office, until the termina-
tion of such unexpired term, or until a vacancy may occur therein by death
or resignation. Such bailiff so appointed by said judges may be removed from
office by them; and all vacancies in such office shall be filled by such judges
for the unexpired term. [93 v. 231; 90 v. 162; 86 v. 225; 76 v. 54.]
(474-2) [Duties of criminal bailiff; costs.] It shall be the duty of
said criminal bailiff to act for the sheriff in all criminal cases and matters of
a criminal nature in the common pleas and probate courts of said county.
He shall be present during all trials of criminal cases in said courts, under the
direction of the sheriff, and shall perform all the duties during such trials as
are now or may be performed by the sheriff of such counties; said criminal.
bailiff shall conduct all prisoners to and from the jail of such counties, and
for such purpose shall have access to the same, and to the court-room, when-
ever ordered by said courts, and he shall have care and charge of such prison-
ers when so doing. It shall be the duty of said criminal bailiff, under the
direction of the sheriff, to convey all persons, convicted of criminal offenses,
made punishable with imprisonment in the penitentiary, thereto; and he
shall receive and collect from the state treasurer all amounts as costs in said
criminal cases, in the same manner as the sheriff of such county by law is
now required to do, and the amount so collected shall be paid by said crimi-
nal bailiff to the sheriff of said county. [76 v. 54.]
(474-3) [Additional temporary bailiff may be appointed.] When-
ever in any criminal case on the application of the sheriff, a court shall be
satisfied that the administration of justice requires additional bailiff to execute
the process, the court shall have power to appoint such additional bailiff as,
in its discretion, may be necessary: but their powers and duties shall cease
when such case is determined. [76 v. 54.]
(474-4) [Bailiff shall give bond; fixing salary.] Such criminal
bailiff shall, before entering upon the discharge of his duties, qualify, by giv-
ing a bond to the sheriff of such county, with good and sufficient sureties, in
the sum of $5,000, conditioned upon faithful discharge of his duties; and the
judges of the court of common pleas shall fix a compensation for his services,
which shall be paid monthly, out of the fee fund, upon a warrant of the county
auditor; but in counties containing cities of the first grade of the second class,
the salary of such criminal bailiff shall be one thousand dollars per annum,
payable out of the county treasury, in equal monthly installments, upon the
warrant of the auditor of the county. [90 v. 162; 76 v. 54.]
SEC. 475. [Appointment of official court stenographers in certain
counties; term, removal; oath; per diem compensation, assistant stenog-
raphers; oath; term; compensation; not required to keep office in court
house.] The judges of the courts of common pleas and probate court in all
counties in this state, containing cities of thirty thousand inhabitants or over,
by the last federal census, shall appoint two stenographic reporters, skilled in
their profession, to be official stenographers of such courts, and in counties
303
Tit. IV, Ch. 3.
COURT OF COMMON PLEAS.
S$ 476-478.
containing cities of twenty thousand inhabitants or over, and less than thirty
thousand inhabitants, by the last federal census, shall appoint one stenographic
reporter, and in all other counties when, in the opinion of the judge of the
court of common pleas, the business requires one, who shall hold their office
for the term of three years from the date of their appointment, and until their
successors are appointed and qualified, unless they, or either of them, be re-
moved by the judges for the neglect of duty, misconduct or incompetency,
and where there now is or hereafter may be, a superior court in such county,
the judges of such courts and of the court of common pleas and probate court
in such county, shall jointly make the appointments herein provided for. Such
official stenographers shall take an oath that they will faithfully discharge the
duties of their office; but in counties not having cities of twenty thousand
inhabitants or more, the per diem of such stenographers shall not exceed
seven dollars, no part of which shall be paid out of the county treasury, except
in criminal cases, but shall be taxed as other costs. And in the trial of any
case in such county, whether civil or criminal, only one such per diem com-
pensation shall be allowed to the stenographers taking the minutes of such
trial. And whenever in any county, the services of one or more additional
stenographers are necessary, the judges of the courts authorized by this act may
appoint assistant stenographers, who shall be skilled in their profession, take a
like oath, serve for such time as their services may be required by the court;
and in counties containing cities of thirty thousand inhabitants or more, shall
be paid at the same rate and in the same manner as the other official stenogra-
phers; but in all other counties only one per diem compensation shall be
allowed, as herein before provided. Provided, also, that the assistant stenog-
raphers shall not be required to keep offices in the court house, but shall file
their reports in the office of the official stenographer, or in the office of the
clerk of the court, as directed by the court. [87 v. 13; 85 v. 212; 77 v. 238;
Rev. Stat. 1880; 75 v. 142, § 1.]
See? 481.
SEC. 476. [Official stenographers.] Official stenographers, when so
appointed, shall be ex-officio the stenographers of the circuit and probate
courts of such counties. [1885, March 25: 82 v. 100; Rev. Stat. 1880; 75 v.
142, §1.]
SEC. 477. [When party requests it, the court may order a full report
of the testimony.] Upon the trial of a cause in any of such courts, if either
party to the suit, or his attorney, requests the services of the official stenog-
raphers, the presiding judge may grant the same, or, upon his own motion,
order a full report of the testimony or other proceedings, in which case the
official stenographer shall cause accurate short-hand notes of the oral testimony
or other proceedings to be taken, which notes shall be filed in the office of the
official stenographers, and preserved; but before such order is made, upon
application to the court by either party, the plaintiff or defendant requesting
the services of such official stenographer is required, as a condition precedent,
to pay or secure to be paid, the per diem fees, as hereinafter provided for.
[75 v. 142, §2.]
SEC. 478. [Fees of stenographers, and how paid.] The fees of the
official stenographers, for attendance in court and taking notes, as herein pro-
vided, shall be not exceeding ten dollars per diem for each day actually
employed in taking notes, which fees shall be paid out of any funds not other-
wise appropriated in the treasury of the county in which the courts are held;
and the clerk of the court shall certify the number of days of attendance of
the official stenographers in such cases, which certificate shall be a sufficient
voucher to the auditor of the county, upon which he shall draw his warrant
upon the treasurer of the county, and when so paid such fees shall be taxed
and collected as other costs in the case. [75 v. 142, § 2.]
304
§§ 478a-480.
COURT OF COMMON PLEAS.
Tit. III, Ch. 3.
SEC. 478a. [Number and salaries of official stenographers in Lucas
and Montgomery courts of common pleas; duties; when notes shall be
transcribed in criminal cases; fees for additional transcripts.] In all
counties containing a city of the third grade of the first class, or of the second
grade of the second class, cities of over thirty thousand and not to exceed one
hundred and sixty thousand inhabitants by the last federal census, the number
of official stenographers may be equal to the number of common pleas judges
resident in such county; and the official stenographers shall each receive a
salary not to exceed twelve hundred dollars per annum, to be fixed by the
judges making the appointment, which salary shall be in lieu of all per diem
fees in said common pleas court provided for in this section. And it shall be
the duty of the auditor of such county to issue warrants on the treasurer for
the payment of such salary, out of the general fund, in equal monthly install-
ments, upon presentation to him of a certified copy of the journal entry
appointing such stenographer and fixing his salary. And in such counties it
shall be the duty of the official stenographer, unless waived by the parties, to
report all cases actually tried in said common pleas court to the court or jury.
But no transcript of the notes into long-hand shall be made, to be paid for out
of the county treasury in such counties in any criminal case, unless such
transcript shall be ordered to be made by the judge trying the case, and when
more than one such transcript is ordered the fee for making each additional
transcript shall be one-third the fee allowed by law for the first copy. [1888,
March 27: 85 v. 124.]
SEC. 478b. [Their duties and salary.] The official stenographers pro-
vided for in section four hundred and seventy-five (a) *, shall each receive a salary
not to exceed fifteen hundred dollars per annum, to be fixed by the judges
making the appointment, which salary shall be in lieu of all per diem fees in
said common pleas and probate courts, provided for in this section; and it shall
be the duty of the auditor of such county to issue warrants on the treasurer
for the payment of such salary out of the general fund, in equal monthly
installments, upon presentation to him of a certified copy of the journal entry
appointing such stenographer, fixing his salary, and a certificate of one of said
judges that such stenographer has performed the duties hereinafter required
by him. In such counties it shall be the duty of the official stenographers to
report the testimony and the charge of the court to the jury, or the opinion
of the court in every case tried in said common pleas and probate courts to
court or jury, unless the judge trying the same otherwise directs. They shall
also perform without extra compensation, such work as may be required by any
[of] the judges of said court in preparing opinions and charges to juries. And in
every case so reported there shall be taxed for each day's services of such official
stenographer in such case, a fee of five dollars, to be collected as other costs in
the case, and, when collected, paid into the treasury of such county. [1889,
March 27: 86 v. 138, 139.]
* ? 475a referred to is noted on page 295.
SEC. 479. [Transcript of testimony shall be furnished to party, if
requested.] When short-hand notes have been taken in any cause, as herein
provided, if the court or either party to the suit, or his attorney, requests a
transcript of the notes into long-hand, the official stenographers shall cause
full and accurate transcripts to be made of the testimony or other proceedings,
which shall be filed with the clerk of the court where such cause is tried, for
the use of the court or parties. [75 v. 142, § 2.]
SEC. 480. [Fees of stenographers for transcripts.] The fees of the
official stenographers for making such transcripts, shall be eight cents per folio
of one hundred words, and shall be paid forthwith by the party or parties for
whose benefit the same is ordered, and when paid shall be taxed as other costs
in the case; but all transcripts made in criminal cases, and transcripts ordered
305
Tit. IV, Ch. 3.
COURT OF COMMON PLEAS.
$ 481.
by the court, where not asked for by the parties, shall be paid out of the county
treasury, in the manner herein provided for the payment of fees for taking
short-hand notes. [75 v. 142, § 2.]
SEC. 481. [Stenographers: office where to be located; powers of]
Stenographers appointed under the provisions of this chapter, shall have their
office in the court house of the county where they are appointed, and shall
have power to take and certify depositions in any of the courts in this state,
and may be appointed referees to take and report proof in causes pending in
any of the courts in this state, and in the taking of depositions and proof, as
such referees, they shall have power to swear witnesses, and such stenographers
shall also have power to employ such number of assistant stenographers, as the
necessities of their office require. [1889, March 11: 86 v. 78; 77 v. 238; Rev.
Stat. 1880; 75 v. 142, § 3.]
See ? 475.
OFFICIAL STENOGRAPHERS IN CERTAIN COUNTIES.
For counties containing a city of the second grade, first class, see 86 v. 138, enacted as
? 475a.
For Richland county see 91 v. 131, amending 90 v. 234; 88 v. 22, enacted as 475b.
For Butler, Columbiana, Darke, Mahoning, Summit, Trumbull and Washington coun-
ties, see 90 v. 68 amending 88 v. 190; 87 v. 92.
For Wayne, Ross, Miami, Lawrence and Jefferson counties, see 88 v. 360.
For Auglaize, Mercer and Van Wert counties, see 90 v. 44.
For Allen and Shelby counties, see 90 v. 69.
For Scioto county, see 90 v. 151.
For Huron county, see 91 v. 534.
For Erie county, see 91 v. 566, sec. 1, amended 93 v. 676.
For Madison county, see 91 v. 573.
For Jefferson and Harrison counties, see 91 v. 621.
For Seneca county, see 91 v. 688.
For Williams, Defiance and Paulding counties, see 89 v. 152.
For Fulton, Henry and Putnam counties, see 91 v. 387 amending 91 v. 184; 88 v. 524.
For Preble county, see 92 v. 653.
For Sandusky county, see 92 v. 672.
For Second Sub. of tenth judicial district, see 88 v. 403.
For Hancock county, see 93 v. 450.
For Clinton county, see 93 v. 518.
For Pickaway county, see 93 v. 520.
For Lorain county, see 93 v. 535.
Official stenographer and assistant provided for Stark county, see 93 v. 564.
Official stenographer for Gallia county, see 93 v. 476.
21
*
1
*
306
Tit. IV.
JUDGES AND JUDICIAL DISTRICTS.
CHAPTER 3a.
JUDGES AND JUDICIAL DISTRICTS.
Ch.3a.
Two additional judges in Hamilton Co.
Their election.
Compensation and duties.
SECTION
FIRST DISTRICT.
481-1.
481-2.
481-3.
481-4.
Vacancy.
481-5.
Two additional judges.
SECOND DISTRICT.
481-6.
481-7.
481-8.
481-9.
Subdivisions defined.
Judges now in office continued.
Additional judges.
Four in second subdivision.
481-10. Four in third subdivision.
481-11.
481-12.
Powers and liabilities.
Vacancy.
481-13. Salary and compensation.
481-14. Additional judge in third subdivision.
481-15. First election and term.
481-16.
Powers and liabilities.
481-17. Vacancy and successor.
481-18.
THIRD DISTRICT.
Boundaries and subdivision.
481-19. Tenth district and its subdivisions.
481-20. Judges in original third district.
481-21. Judge for first subdivision; term.
481-22. Additional judge for first sub. tenth district.
481-23.
Election.
481-24. Salary; powers; vacancy.
481-25. Repeal; proviso.
481-25α. Additional judge 1st subdivision.
481-256. First election; term.
481-25c. Proclamation by sheriffs.
481-25d. Compensation etc., of judge.
481-25e. Vacancies.
481-26. Shelby Cò. transferred to second sub.
481-27. Second sub.; additional judge.
481-28. When elected.
481-29.
Election.
481-30. Compensation; duties; penalties.
481-31. Vacancy.
FOURTH DISTRICT.
481-32. First subdivision, additional judge.
481-33. Election; term.
481-34. Compensation; duties.
481-35. Two additional judges.
481-36. When elected, term, successors.
481-37.
Elections.
481-38. Compensation, powers, penalties.
481-39.
Vacancy.
481-40. Second subdivision; additional judge.
481-41. Term, powers, successors.
481-42. Compensation; vacancy.
481-43. Cuyahoga Co.; four additional judges, term,
power.
181-44. Additional judge in Cuyahoga.
FIFTH DISTRICT.
481--45. Subdivisions bounded.
481-46. Tucumbents.
481-47. First subdivision; additional judge.
481-48, Second subdivision; additional judges.
481-49. Third subdivision; additional judges.
481-50. Salaries, powers, vacancy, repeals, incum-
bents.
481-51. Simultaneous courts in Franklin Co.
SIXTH DISTRICT.
481-52. Second subdivision; additional judge.
481-53. Third subdivision; additional judge.
SECTION
481-54. Term, successor.
481-55.
Election.
481-56. Salary, powers, penalties.
481-57. Vacancy.
SEVENTH DISTRICT.
481-58. First subdivision; additional judge.
481-59. When elected, term.
481-60.
Election.
481-61. Compensation; jurisdiction; penalties.
481-62. Vacancy.
481-63. Second subdivision, Adams Co. transferred
from fifth district.
481-64. Additional judge, when elected, powers.
481-65. Election.
481-66. Vacancy.
481-67. Incumbents; time for holding court.
481-68. Third subdivision; additional judge.
481-69.
Election.
481-70. Term, salary, powers, vacancy.
481-71.
Proclamation.
481-72. Monroe and Vinton counties transferred.
481-73. Additional judge.
481-74.
EIGHTH DISTRICT.
Subdivisions defined.
481-75. Assignment of judges.
481-76. First subdivision, additional judge.
481-77. First election, term.
481--78.
Election.
481-79. Salary; duties; vacancy.
481-80. Additional judge.
481-81. First election, term.
481-82.
Election.
481-83. Compensation; powers; vacancy.
481-84. Third subdivision; additional judge, term,
vacancy, successors.
481-85. Election.
481-86.
NINTH DISTRICT.
Subdivisions.
481-87. Incumbents; two judges in each subdivis-
ion.
481-88. First subdivision, additional judge, term,
481-89.
481-90.
powers, compensation.
Election.
Time of election.
481-91. Second subdivision; additional judge.
481-92.
481-93.
Election..
Additional judge, term, powers, compensa.
tion, vacancy.
481-94. Additional judge.
481-95. Third subdivision; additional judge.
481-96. Time of elections.
481-97.
Elections.
481--98. Salary; powers; duties.
481-99. Vacancy.
TENTH DISTRICT.
481-99a. Additional judge, first subdivision.
481-996. First election; term.
481-99c.
Proclamation of election.
481-99d. Salary, jurisdiction and duties.
481-100. Second subdivision; additional judge.
481-101. Time of election, term, powers, compensa-
tion.
481-102. Vacancy.
481-103. First election.
481-104.
Notice of election.
The constitution, Art. IV, 23, required the state to be divided into nine judicial dis-
tricts, of which Hamilton Co. shall constitute one, and each district of three or more
counties, to have three subdivisions.
Art. IV, ? 15, gives power to change the number of districts and of judges, and change
the districts or subdivisions.
307
Tit. IV, Ch. 3a.
JUDGES AND JUDICIAL DISTRICTS.
$ (481-1).
Art. XI, ? 12, apportions the state into nine districts, giving the counties constituting
each, and each subdivision.
The act of May 13, 1878 (75 v..537) dividing the state into five judicial districts and some of the dis-
tricts into as many as eight subdivisions, was held unconstitutional in District Court case, 34 O. S. 431.
If the legislature attaches the county wherein a judge resides to another subdivision, but provides that
the judges shall serve out their terms, he is entitled to finish his term. (Supreme court not reported): State
v. Bushnell, 36 Bull. 301 edit.
(481-1) [Two additional judges in Hamilton county.] There shall
be two additional judges of the court of common pleas, in and for the first
judicial district of the state of Ohio, being the county of Hamilton, who shall
be residents of, and elected by, the qualified electors of said county. [68 v. 94.]
(481-2) [Their election, when.] The first election for said addi-
tional judges shall be held on the second Tuesday of October, A. D. 1871, and
their terms of office, shall commence on the first Monday of November there-
after, and said additional judges shall be again elected on the second Tuesday
of October, A. D. 1876, and every five years thereafter, in the same manner
and for the same term of office, as is prescribed by the constitution and laws
of the state of Ohio for the election of other judges of said court. [68 v. 94.]
(481-3) [Compensation, duties, powers, etc.] Said judges shall,
when elected and qualified, receive the same compensation, and be paid in the
same manner as the other judges of said court in said county, and shall have,
in every respect, the same powers and jurisdiction, discharge and perform the
same duties, and be liable to the same penalties, as the other judges of said
court. [68 v. 94.]
(481-4) [Vacancies.] When a vacancy shall occur in the office of
said additional judges before the expiration of the regular term of office,
such vacancy shall be filled as in case of vacancy in the office of the other
judges of said court. [68 v. 94.]
(481-5) [Additional judges in first judicial district.] There shall be
elected, in the first judicial district of Ohio, by the electors thereof, under
and in pursuance of the general election laws of the state governing the
election of judges of the common pleas court, at the general election to be held
on the second Tuesday of October, A. D. 1878, and every five years thereafter,
two judges of the court of common pleas, in addition to the number hereto-
fore provided by law for said district. Said additional judges shall be elected
for the term of five years; their term of office shall begin on the first Mon-
day of December following their election; they shall have all the powers and
be subject to all the obligations, and shall perform all the duties pertain-
ing to said office of judge of the common pleas court; shall receive the same
compensation of other common pleas judges; and vacancies, if any in their
offices, shall be filled as now provided by law. [75 v. 518.]
SECOND DISTRICT.
The act of 1887 (84 v. 229) to change the subdivisions of this district and for an addi-
tional judge was held void, because not passed by a two-thirds vote: State v. Kinninger,
46 O. S. 570.
(481-6) [Subdivisions defined.] Two-thirds of all the members elected
to each branch thereof concurring, that the subdivisions of the second judicial
district be and are hereby changed so as to be constituted as follows, viz.:
The county of Butler shall be and constitute the first subdivision of said judi-
cial district; the counties of Miami, Champaign, Clark, Darke and Preble shall
be and constitute the second subdivision of said judicial district; the counties
of Warren, Clinton, Greene and Montgomery shall be and constitute the third
subdivision of said judicial district. [91 v. 280.]
This act was held valid in State ex rel. r. Jacobi, 52 O, S. 66.
308
:
§ (481—7).
JUDGES AND JUDICIAL DISTRICTS.
Tit. IV, Ch. 3a.
(481-7) [Judges now in office continued.] That the several judges
now in office in the first, second and third subdivisions of said judicial district,
as they were constituted by the act of the general assembly passed March 13,
1868, shall be the judges of and in the first, second and third subdivisions of
said judicial district, respectively, as said subdivisions are constituted and de-
scribed by this act; provided, that nothing herein contained shall be construed
so as to interfere in any way with the holding of courts in said judicial district
as they are now fixed for 1894. [91 v. 280.]
(481-8) [Additional judges.] That in and for said judicial district
there shall be eight additional judges of the court of common pleas, who shall
reside in and be elected by the qualified electors of said several subdivisions
of said judicial district, as they are constituted and described by this act, as
hereinafter set forth. [91 v. 280.]
(481-9) [Four in second subdivision.] That four of such additional
judges, provided for by section 3 [$ (481-8)] of this act, shall reside in the said
second subdivision of said judicial district, as constituted by this act, and shall
be elected by the qualified electors of said second subdivision, composed of the
counties of Miami, Champaign, Clark, Darke and Preble. The first election
of two of such additional judges residing in said second subdivision as con-
stituted by this act, shall be held on the first Tuesday after the first Monday
of November, 1894, and they shall be elected for the term of five years, com-
mencing on the third Monday of November, 1894; the first election of one of
such additional judges residing in said second subdivision as constituted by
this act, shall be held on the first Tuesday after the first Monday of November,
1894, and he shall be elected for the term of five years, commencing on the first
Monday of May, 1895; the first election of one of such additional judges residing
in said second subdivision as constituted by this act, shall be held on the first
Tuesday after the first Monday of November, 1897, and he shall be elected for
the term of five years, commencing on the third Monday of May, 1898. [91 v.
280.]
(481-10) [Four in third subdivision.] That four of such additional
judges, provided for in section 3 [§ (481-8)] of this act shall reside in said third
subdivision of said judicial district, as constituted by this act, and shall be elected.
by the qualified electors of said third subdivision, composed of the counties of
Warren, Clinton, Greene and Montgomery. The first election of one of such
additional judges residing in said third subdivision as constituted by this act,
shall be held on the first Tuesday after the first Monday of November, 1894,
and he shall be elected for the term of five years, commencing on the first
Monday of May, 1895; the first election of one of such additional judges re-
siding in said third subdivision as constituted by this act, shall be held on the
first Tuesday after the first Monday of November, 1895, and he shall be elected
for the term of five years, commencing on the first day of July, 1896; the first
election of one of such additional judges residing in said third subdivision as
constituted by this act, shall be held on the first Tuesday after the first Monday
of November, 1896, and he shall be elected for the term of five years, com-
mencing on the third Monday of November, 1896; the first election of one of
such additional judges, residing in said third subdivision as constituted by this
act, shall be held on the first Tuesday after the first Monday of November, 1898,
and he shall be elected for the term of five years, commencing on the 9th day
of February, 1899. [91 v. 280.]
(481-11) [Powers and liabilities.] That the said additional judges
provided for by this act, when elected and qualified, shall in every respect have
the same jurisdiction, possess the same powers, discharge the same duties and
incur the same penalties as are now or hereafter may be enforced or enjoined
309
Tit. IV, Ch. 3a. JUDGES AND JUDICIAL DISTRICTS.
$ (481—12).
by the constitution and laws of the state of Ohio upon the judges of the court
of common pleas. [91 v. 280. ]
(481-12) [Vacancy.] That any vacancy that may occur in the office
of any one or more of such additional judges provided for by this act, by death,
resignation or otherwise, shall be filled as in cases of vacancy in the office of
the other judges of the court of common pleas, and every five years, respect-
ively, after the first election of said respective additional judges, as provided
for herein, their respective successors shall in like manner be elected, for the same.
term of office as is provided by the constitution and laws of the state of Ohio
for the election of other judges of the court of common pleas. [91 v. 280.]
(481-13) [Salary and compensation.] That said additional judges
provided for by this act, when elected and qualified, shall receive the same
compensation out of the state treasury as other judges of the court of common
pleas; but any of such additional judges provided for by this act, and any judge
or judges of the court of common pleas who, at the time of their election, re-
spectively reside in Butler county, in Clark county, in Montgomery county,
and shall thereafter continue to reside in the same county as at the time of
election as aforesaid, shall receive, in addition to the salary payable out of the
state treasury, the sum of not more than fifteen hundred dollars per annum, to
be fixed by the commissioners of the county in which such judge or judges
reside at the time of election and thereafter continue to reside in, to be paid
out of the county treasury, upon the warrant of the county auditor, in the same
manner and at such times as is provided for the payment of the salary of such
judge or judges out of the state treasury; and when such additional compensa-
tion is once fixed it shall not be increased or diminished during the term of
office of the judge to whom it is allowed. [91 v. 280.]
(481-14) [Additional judge in third subdivision.] Two-thirds of all
the members elected to each branch thereof concurring, that there shall be one
additional judge of the court of common pleas in and for the second judicial
district, who shall reside in the third subdivision thereof, and who shall be
elected by the qualified electors of the counties of Clinton, Greene, Montgomery
and Warren, such counties comprising said third subdivision, and such addi-
tional judge shall be in addition to the other additional judges of said court
residing, and to reside, in said third subdivision, and heretofore provided for
by law. [92 v. 56.]
(481-15) [First election and term.] The first election of such addi
tional judge shall be held on the first Tuesday after the first Monday of No-
vember, 1896, and he shall be elected for the term of five years, commencing on
the fourth Monday of November, 1896. [92 v. 56.]
(481-16) [Powers and liabilities.] Such additional judge provided
for by this act, when elected and qualified, shall in every respect have the same
jurisdiction, possess the same powers, discharge the same duties and incur the
same penalties as are now or hereafter may be enforced or enjoined by the
constitution and laws of the state of Ohio upon the judges of the court of com-·
mon pleas. [92 v. 56.]
(481-17) [Vacancy and successor.] Any vacancy that may occur
in the office of such additional judge by death, by resignation or otherwise
shall be filled as in cases of vacancy in the office of the other judges of the court
of common pleas, and every five years after the said first election of such addi-
tional judge, his successor shall in like manner be elected for the same term
of office as is provided for by the constitution and laws of the state of Ohio for
the election of other judges of the court of common pleas. [92 v. 56.]
310
§ (481-18).
JUDGES AND JUDICIAL DISTRICTS. Tit. IV, Ch. 3a
THIRD DISTRICT.
(481-18) [Limits of third judicial district.] The counties of Shelby.
Auglaize, Mercer, Allen, and Van Wert, shall constitute the first subdivision
of the third judicial district; the counties of Paulding, Defiance, and Williams
shall constitute the second subdivision of said district; and the counties of
Fulton, Henry, and Putnam, shall constitute the third subdivision of said
third judicial district; and together shall form such district. [76 v. 133.]
The counties of
(481-19) [Limits of the tenth judicial district.]
Wood, Hancock, Seneca, and Hardin, shall constitute the first subdivision of
the tenth judicial district; the counties of Crawford, Marion, and Wyandot,
shall constitute the second subdivision of said district; and the counties of
Union and Logan shall constitute the third subdivision of said tenth judicial
district; and together shall form such district. [76 v. 133.]
(481-20) [Judges of the court of common pleas in original third
district.] Any person heretofore elected and commissioned as judge of the
court of common pleas of the original third judicial district, whose term has
not yet expired, or commenced, shall, during the residue of his term, be
deemed the judge of that subdivision and district in which his residence was
fixed at the time of the passage of this act, and his successor shall be elected
by the electors of the subdivision, as hereby formed, at the state election next
preceding the expiration of his said term. [76 v. 133.]
(481-21) [Election of the judge for first subdivision of third com-
mon pleas district; term of office.] In the first subdivision of the third
common pleas district, as hereby constituted, there shall be elected one com-
mon pleas judge for such division and district, who shall be elected by the
electors of said subdivision at the state election, A. D. 1879, for the term of
five years, commencing on the 9th day of February, A. D. 1880, whose suc-
cessor shall be elected at the state election, A. D. 1884, and every five years
thereafter; such judge shall be a resident of the subdivision in which he is
elected, during his official term. [76 v. 133.]
(481-22) [Election of an additional judge for first subdivision of tenth
district.] The electors of the several counties constituting the first subdi-
vision of the tenth district, as hereby formed, shall, at the state election, A. D.
1879, elect an additional judge for said subdivision and district, who shall be
a resident thereof, and whose term shall be for five years commencing on the
9th day of February, A. D. 1880, and whose successor shall be elected at the
state election, A. D. 1884, and every five years thereafter. [76 v. 133.]
(481-23) [Duties of the sheriff in proclaiming the election.] It
*shall be the duty of the sheriff of each county constituting the said first subdi-
vision of the third district and the said first subdivision of the tenth district
to give notice in the proclamation provided by law of the time and place of
holding such election, which shall be conducted, and the returns thereof made
in the same manner required by law in case of the election of other judges of
the court of common pleas, and thereupon the governor shall issue commis-
sions to the parties elected such judges. [76 v. 133.]
(481-24) [Salary, powers, etc., of judges so elected.] The judges
herein provided for, when so elected and qualified, shall receive the same
salary and have in all respects the same powers and jurisdiction, and discharge
all the duties conferred and enjoined by the constitution and laws of this state
upon the judges of said court, and any vacancy that may occur in the office of
any of the judges, hereby provided for said subdivision, and districts, by death
311
Tit. IV, Ch. 3a. JUDGES AND JUDICIAL DISTRICTS.
§ (481-25).
or otherwise, shall be filled as in other cases of vacancies in the office of said
judges of said court. [76 v. 133.]
(481-25) [Repeal; proviso.] The act entitled an act to abolish
the tenth judicial district, passed May 1, 1862; the act entitled "an act to
amend an act entitled 'an act to abolish the tenth judicial district,'" passed
May 1, 1862; the act entitled "an act to create an additional judgeship, in
and for the fourth subdivision of the third judicial district of the state of Ohio,'
passed February 20, 1868, be and the same are hereby repealed: provided,
that nothing in this act shall be construed to affect in anywise the incumbents
elected by virtue of any of the said acts hereby repealed, either in their com-
pensation, powers, duties, or obligations, for and during the terms of office for
which said judges were severally elected, otherwise than is herein provided;
nor to affect the times of holding the several courts of common pleas, or dis-
trict courts of the several counties of said districts, as now fixed for the year
1879. [76 v. 133.]
(481-25a.) SEC. 1. [Additional judge, first subdivision.] For the
first subdivision of the third judicial district of the state of Ohio, there shall be
an additional judge of the court of common pleas, who shall be a resident of
said subdivision of said district, composed of the counties of Allen, Auglaize,
Mercer, Shelby and Van Wert, to be elected by the qualified voters of said
counties as herein provided. [93 v. 52.]
(481-25b) SEC. 2. [First election; term.] The first election of said
additional judge shall be held pursuant to the general election laws of the state
of Ohio governing the election of judges of the court of common pleas, at the
general election for state and county offices, on the first Tuesday after the first
Monday of November A. D. 1898, and the term of office of said judge shall
commence on the second Monday of January, 1899, and shall continue for five
years; and his successor shall be elected on the first Tuesday after the first
Monday in November 1903, and every five years thereafter. [93 v. 52.]
(481-25c) SEC. 3. [Proclamation by sheriff.] It shall be the duty
of each sheriff of each county of said subdivision to give notice, by proclama-
tion, as is now provided by law, of the time and place of holding such election,
which shall be conducted and the returns thereof made in the same manner
as is required by law in cases of the election of judges of the court of common
pleas. [93 v. 52.]
(481-25d) SEC. 4. [Compensation, etc., of judge.] Said judge, when
elected and qualified, shall receive the same compensation as other judges of
said court; and shall also, in every respect, have the same jurisdiction, possess
the same power, discharge the same duties, and incur the same penalties, as are
now or may hereafter be confessed [conferred] or enjoined by the constitution
and laws of the state of Ohio upon other judges of said court. [93 v. 52.]
(481-25e) SEC. 5. [Vacancies.] If a vacancy occur in the office of
said additional judge by death, resignation, or otherwise, such vacancy shall be
filled in the manner now provided by law in vacancies in the office of other
judges of said court. [93 v. 53.]
(481-26) [Shelby county transferred from first to second subdivi-
sion, third district.] The county of Shelby be and the same is hereby trans-
ferred from the first subdivison of the third judicial district to the second
subdivision of said district. [71 v. 29.]
(481-27) [Additional judge to be elected.] There shall be one addi-
tional judge of the court of common pleas in and for the third judicial district
of the state of Ohio, who shall be a resident of the second subdivision thereof,
312
S (481-28).
JUDGES AND JUDICIAL DISTRICTS.
Tit. IV, Ch. 3a.
and who shall be elected by the qualified electors of the counties of Allen,
Auglaize, Putnam, Mercer, and Van Wert, comprising said second subdivision.
[66 v. 16.]
(481-28) [First election; regular election thereafter.] The first
election for said additional judge, shall be held on the first Monday in April,
A. D. 1869, and his term of office shall commence on the second Monday in
May thereafter, and which additional judge shall again be elected, at the
annual election in October, A. D. 1873, and every five years thereafter, in the
same manner and for the same term of office as is prescribed by the constitu-
tion and laws of the state of Ohio, for the election of other judges of said
court. [66 v. 16.]
The term of the judge elected in November, 1893, under this statute, does not begin until May 10, 1894 :
State ex rel. r. Handy, 51 O. S. 204.
(481--29) [Proclamation by sheriffs.] It shall be the duty of the
sheriff in each county, in said subdivision, at least fifteen days prior to said
first Monday in April, 1869, to give notice by proclamation, as is now pro-
vided by law, of the time and place of holding such election, which shall be
conducted, and the returns thereof made, in the same manner as required by
law in case of the election of judges of the court of common pleas. [66 v. 16.]
(481-30) [Compensation and powers of judge.] Said judge, when
elected and qualified, shall receive the same compensation as other judges of
said court, and shall also, in every respect, have the same jurisdiction, possess
the same powers, discharge the same duties, and incur the same penalties, as
are now or may hereafter be enforced or enjoined by the constitution and laws
of the state of Ohio upon other judges of said court. [66 v. 16.]
(481-31) [Vacancy, how to be filled.] When a vacancy shall occur
in the office of said additional judge, whether by the expiration of his term
of office or otherwise, such vacancy shall be filled as in vacancies in the office
of the other judges of said court. [66 v. 16.]
FOURTH DISTRICT.
An additional judge for the first subdivision, composed of Lucas, Ottawa, Sandusky,
Huron and Erie counties, was created, but no successor was provided for, by the act of
March 24, 1869 (66 v. 43).
(481-32) [Additional judge for fourth judicial district.] There shall
be an additional judge of the court of common pleas for the fourth judicial
district of this state, who shall be a resident of the first subdivision thereof,
composed of the counties of Lucas, Ottawa, Sandusky, Huron, and Erie, to be
elected by the qualified electors of said counties as herein provided: [79 v. 80.]
(481-33) [First and other elections; when term to commence.]
The first election of said additional judge shall be held at the general election
of state and county officers, to be held on the second Tuesday of October,
A. D. 1883, in the same manner and for the same time as is now prescribed
by law for the election of other judges of the court of common pleas; and
such additional judge shall enter upon his duties on the 4th day of November,
1883, and his successors shall be elected each five years after said first election.
[79 v. 80.]
Such additional judge.
(411-34) [Compensation and jurisdiction.]
shall be qualified in the same manner, and shall have in all respects the same
powers and discharge the same duties as are or may be conferred and required
by the constitution and laws of this state, upon other judges of said court,
and he shall be entitled to receive the same salary as other judges of the court
of common pleas. [79 v. 80.]
313
Tit. IV, Ch. 3a. JUDGES AND JUDICIAL DISTRICTS.
Ş (481-35).
WHEREAS, An overcrowded condition of the dockets exists in the courts
of cominon pleas of Lucas county, requiring an additional judge of said court
in said county; and whereas a like condition exists in the counties of Erie,
Huron, Ottawa and Sandusky, requiring an additional judge of said court for
said counties, therefore, [92 v. 87.]
(481-35) [Two additional judges.] For the first subdivision of the
fourth judicial district of the state of Ohio there shall be two additional
judges of the court of common pleas, who shall be residents of said subdivi-
sion of said district composed of the counties of Erie, Huron, Lucas, Ottawa
and Sandusky, to be elected by the qualified voters of said counties as herein
provided. [92 v. 87.]
(481-36) [When elected, term, successors.] The first election of said
additional judges shall be held pursuant to the general election laws of the
state of Ohio governing the election of judges of the court of common pleas,
at the general election for state and county officers on the first Tuesday after
the first Monday in November, A. D. 1896. And the term of office of said
judges shall commence on the second Monday of February, 1897, and shall
continue for five years; and their successors shall be elected on the first Tues-
day after the first Monday in November, 1901, and every five years thereafter.
[92 v. 87.]
(481-37) [Elections.] It shall be the duty of the sheriff of each
county of said subdivision to give notice by proclamation as is now provided
by law, of the time and place of holding such elections, which shall be con-
ducted and the returns thereof made in the same manner as required by law
in cases of the election of judges of the court of common pleas. [92 v. 87.]
(481-38) [Compensation, powers, penalties.] Said judges when
elected and qualified, shall receive the same compensation as other judges of
said court, and shall also in every respect have the same jurisdiction, possess
the same powers, discharge the same duties, and incur the same penalties, as are
now or may hereafter be conferred or enjoined by the constitution and laws of
the state of Ohio, upon other judges of said court. [92 v. 87.]
(481-39) [Vacancy.] If a vacancy occur in the office of said addition-
al judge or judges by death, resignation, or otherwise, such vacancy shall be filled
in the manner now provided by law in vacancies in the office of the other
judges of said court. [92 v. 87.]
(481-40) [Additional judge for second subdivision, fourth district.]
For the fourth judicial district there shall be an additional judge of the court
of common pleas, who shall be a resident of the second subdivision of said
district, which is composed of the counties of Summit, Medina, and Lorain,
and who shall be elected by the qualified electors of said subdivision at the
annual election for township officers on the first Monday in April, 1871;
which election of such additional judge shall be held and the returns thereof
made in accordance with the laws now in force regulating the election of state
and county officers. [68 v. 18.]
(481-41) [Term of such judge of second subdivision, fourth dis-
trict.] That the term of office of such additional judge shall begin on the
first Monday in May, 1871, and he shall qualify in the same manner, hold
for the same term of years, be elected with the same powers, jurisdiction, and
be liable to the same penalties as are now or may hereafter be conferred and
enjoined by the constitution and laws of the state of Ohio, upon other judges
of said court, and which additional judge shall again be elected at the annual
election in October, 1875, and every five years thereafter, in the same manner
and for the same term of years, and to be governed in all respects, as is pro-
314
(481-42).
JUDGES AND JUDICIAL DISTRICTS.
Tit. IV, Ch. 3a.
vided in this act, as applying to such additional judge during the first term:
provided, the term of such additional judge shall commence on the first Mon-
day of May next after his election in October. [1875, March 29: 72 v. 111;
68 v. 18.]
(481-42) [His compensation; vacancy.] Such additional judge shall
receive the same compensation that now is or hereafter may be allowed to other
judges of said court; and whenever a vacancy shall occur in his office, whether
by expiration of term or otherwise, such vacancy shall be filled as in vacancies
in the office of other judges of said court. [68 v. 18.]
(481-43) [Four additional judges of common pleas to be elected in
Cuyahoga county; their powers, jurisdiction, etc. There shall be elected on
the second Tuesday of October, A. D. 1875, by the qualified voters of Cuyahoga
county, four additional judges of the court of common pleas, for the fourth
judicial district, who shall reside in said county, and whose term of office shall
commence on the first Monday of November next following their election,
and continue for five years, and such additional judges shall again be elected
at the annual election in October, A. D. 1880, and every five years thereafter
for the same term of office, commencing on the first Monday of November
next after their election, and said election shall be conducted and returns
thereof made in the same manner as is provided by law for the election and
return of state and county officers. Said judges shall exercise the same pow-
ers and jurisdiction, and perform the same duties as other judges of the court
of common pleas; and any vacancy that may occur in the office of any such
additional judges by death, resignation, or otherwise, before the expiration of
his term of office, shall be filled by appointment of the governor, until a suc-
cessor is elected and qualified; and such successor shall be elected for the
unexpired term at the next regular election of state and county officers that
occurs more than thirty days after the vacancy shall have happened. [72 v.
105.]
The next two sections of this act abolish the superior court of Cleveland, provide for
terms of the district court and that the salaries of common pleas judges are not to be affected
by the repealing of the superior court.
(481-44) [Additional judge in Cuyahoga.] There shall be elected
in Cuyahoga county, by the electors thereof, under and in pursuance of the
general election laws of the state of Ohio governing the election of judges of
the common pleas court, at the general election to be held on the first Tuesday
after the first Monday in November, A. D. 1894, and every five years there-
after, one judge of the court of common pleas for the fourth judicial district,
in addition to the number heretofore provided by law for said district. Said
additional judge shall reside in Cuyahoga county, and shall be elected for the
term of five years. His first term shall begin on the first Monday of Decem-
ber following his election. He shall exercise the same powers and jurisdiction,
and perform the same duties as other judges of the court of common pleas;
and shall receive the same compensation as is now provided by law for other
judges of the court of common pleas residing in Cuyahoga county. [91 v.
309.]
FIFTH DISTRICT.
The act of April 20, 1871 (68 v. 68), for an additional judge in the first subdivision of
the fifth district, consisting then of Adams, Brown and Clermont counties, was held by
the supreme court to be for one term only, and not to authorize a successor: State v.
Brown, 38 O. S. 344.
The act of April 12, 1880 (77 v. 177), also provided for an additional judge in the
second subdivision, but made no provision for a successor..
The act of April 17, 1873 (70 v. 189), provided for an additional judge in the second
subdivision, but did not provide for a successor.
The act of February 21, 1878 (75 v. 79), provided for an additional judge in the third
subdivision for one term, but did not provide for a successor.
315
Tit. IV, Ch. Sa. JUDGES AND JUDICIAL DISTRICTS.
>
§ (481-45).
(481-45) [Subdivisions bounded.] (Two-thirds of the members elect-
ed to each branch thereof concurring), the counties of Adams, Brown and
Clermont shall constitute the first subdivision of the fifth judicial district;
the counties of Highland, Ross, Fayette, Pickaway and Madison shall consti-
tute the second subdivision of the fifth judicial district, and the county of
Franklin shall constitute the third subdivision of said district, and togethe
shall form such district. [91 v. 283.]
But see? (481—63).
(481-46) [Incumbents.] The judges of the court of common pleas,
heretofore elected and holding office in the territory comprising the several
subdivisions of said judicial district, shall serve out their judicial terms, and,
during the residue of their respective terms, be deemed the judges of that subdi-
vision and district hereby formed, in which the residences of such judges were
respectively fixed at the time of the passage of this act. But nothing herein
shall be construed to effect [affect] the time now fixed for holding any of the
terms of court in any of the subdivisions of said district for the year 1894.
[91 v. 283.]
(481-47) First subdivision; additional judge.] There shall be one
additional judge of the court of common pleas in and for said fifth district,
who shall reside in the first subdivision thereof, as hereby constituted, and who
shall be elected by the electors of the said subdivision on the first Tuesday
after the first Monday in November, A. D. 1897, for the term of five years,
commencing on the fifteenth day of October, A. D. 1898, and his successor
shall be elected on the first Tuesday after the first Monday in November, A. D.
1902, and every five years thereafter. [91 v. 283.]
(481-48) [Second subdivision; additional judges.] There shall be
three additional judges of the court of common pleas in and for the said fifth
district, who shall reside in the second subdivision thereof as hereby consti-
tuted, and who shall each be elected by the electors of said subdivision. One
of said judges shall be so elected on the first Tuesday after the first Monday
in November, A. D. 1894, for the term of five years, commencing on the ninth
day of February, A. D. 1895, and his successor shall be elected on the first
Tuesday after the first Monday in November, A. D. 1899, and every five years
thereafter. And two of said additional judges shall be so elected on the first
Tuesday after the first Monday in November, A. D. 1898, for the term of five
years each, respectively, the term of each commencing on the ninth day of
February, A. D., 1899, and the successor of each of said judges, respectively,
shall be elected on the first Tuesday after the first Monday in November, A. Ď.
1903, and every five years thereafter. [91 v. 283.]
(481–49) [Third subdivision; additional judges.] There shall be
three additional judges of the court of common pleas in and for said fifth dis-
trict who shall reside in the third subdivision thereof, as hereby constituted,
and who shall each be elected by the electors of said third subdivision on the
first Tuesday after the first Monday in November, A. D. 1897, for the term of
five years each, respectively, the term of each commencing on the first day of
May, A. D. 1898, and the successor of each of said additional judges shall be
elected on the first Tuesday after the first Monday in November, A. D. 1902,
and every five years thereafter. [91 v. 283.]
(481-50) [Salaries; powers; vacancy; repeals; incumbents.] Each
of said additional judges, herein provided for, shall receive the same salary as
other judges of the court of common pleas, and when so elected and qualified,
they shall each have, in all respects, the same powers and jurisdiction, and
discharge all the duties as are now conferred and enjoined by the constitution
and laws of this state upon the judges of said court; and any vacancy that
may occur in the office of any of said additional judges by death, resignation,
316
§ (481—51).
JUDGES AND JUDICIAL DISTRICTS. Tit. IV, Ch. 3a.
"
or otherwise, shall be filled as in cases of vacancy in the office of judge of said
court. [91 v. 283.]
Adams county transferred from first subdivision, fifth district, to seventh district, see
? (481–63).
(481-51) [Two of the judges may hold courts simultaneously;
county commissioners shall provide rooms, etc.] It shall be lawful for any
two of the judges of the court of common pleas of said fifth judicial district,
to hold the regular, or special, or adjourned, terms of said court in the county
of Franklin, in said district, at the same time, sitting in different rooms, at
the county seat of said county. And the commissioners of said county shall
provide a suitable room for that purpose, in addition to the regular court
room. Said judges shall at such times divide the docket, and assign to each
such portion of the business thereon as they may think proper; and they shall
make such rules and regulations for the government of the officers of said
court, and the proper and efficient transaction of the business of said court at
such times as may be necessary. [65 v. 11, § 5; (S. & S. 255;) rest of act
being repealed in 91 v. 283.]
SIXTH DISTRICT.
The act of April 6, 1866 (63 v. 162) (S. & S. 255), provided for an additional judge in
the first subdivision, but did not provide for a successor.
The act of February 22, 1888 (85 v. 29), provided for an additional judge for one term
in the first subdivision.
(481-52) [Additional judge in sixth district; powers, duties, etc.]
For the sixth judicial district for the state of Ohio, there shall be one additional
judge of the court of common pleas, who shall be a resident of the second sub-
division of said district, composed of the counties of Ashland, Richland, and
Morrow, and be elected by the qualified electors of said counties at the next
annual election of state and county officers, in the same manner and for the
same time as is prescribed by law for the election of other judges of the court
of common pleas, and shall be entitled to receive the same salary, and when
elected and qualified shall have, in all respects, the same power and discharge
the same duties as are conferred or enjoined by the constitution and laws of
the state of Ohio upon other judges of said courts; and any vacancy that may
occur in the office of such additional judge, whether by expiration of his term
of service or otherwise, shall be filled as in other cases. [65 v. 172; S. & S.
257.]
(481-53) [Additional judge to be elected in sixth judicial district.]
There shall be one additional judge of the court of common pleas in and for
the sixth judicial district of the state of Ohio, who shall be a resident of the
third subdivision thereof, and who shall be elected by the qualified electors of
the counties of Wayne, Holmes, and Coshocton, comprising said third subdi-
vision. [74 v. 476.]
(481-54) [Term of office, and when to begin; successors.] The
first election for said additional judge shall be held at the annual election
therein for state officers, on the second Tuesday in October, A. D. 1877, and
his term of office shall commence on the first Monday of February thereafter;
and such additional judge shall thereafter be elected at the annual election in
October, A. D. 1882, and every five years thereafter, in the same manner, and
for the same term of office, as is prescribed by the constitution and laws of the
state of Ohio, for the election of other judges of said court. [74 v. 476.]
(481-55) [Sheriff to give notice by proclamation; when.] It shall
be the duty of the sheriff in each county in said subdivision, at least fifteen
days prior to the said second Tuesday in October, A. D. 1877, to give notie, by
317
Tit. IV, Ch. 3a. JUDGES AND JUDICIAL DISTRICTS.
S (481-56).
proclamation, as is now provided by law, of the time and place of holding such
election, which shall be conducted, and the returns thereof made in the same
manner as required by law in case of the election of judges of the court of
common pleas. [74 v. 476.]
(481-56) [Compensation, powers, and duties.] Said judge, when
elected and qualified, shall receive the same compensation as other judges of
said court, and shall, also, in every respect, have the same jurisdiction, possess
the same powers, discharge the same duties and incur the same penalties, as are
now, or may hereafter be enforced or enjoined by the constitution and laws of
the state of Ohio, upon other judges of said court. [74 v. 476.]
(481-57) [Vacancy, and how to be filled.] When a vacancy shall
occur in the office of said additional judge, whether by the expiration of his
term of office, or otherwise, such vacancy shall be filled as in vacancies in the
office of the other judges of said court. [74 v. 476.]
SEVENTH DISTRICT.
FIRST SUBDIVISION.
The act of June 5, 1879 (76 v. 116) provided for an additional judge in the first subdi-
vision, but did not provide for a successor.
(481-58) [Additional judge for seventh judicial district.] There
shall be one additional judge of the court of common pleas in and for the
seventh judicial district of the state of Ohio, who shall be a resident of the first
subdivision thereof and who shall be elected by the qualified electors of
the counties of Fairfield, Perry and Hocking, comprising said first subdivision.
[80 v. 40.]
(481-59) [Election and term of office thereof.] The first elec-
tion for said additional judge shall be held on the second Tuesday in
October, A. D. 1884, and his term of office shall commence on the first Mon-
day of December, thereafter, and which additional judge shall again be
elected at the annual election in October, A. D. 1889, and every five years
thereafter in the same manner and for the same term of office as is prescribed
by the constitution and laws of the state of Ohio, for the election of other
judges of said court, and the term of said judge shall begin on the first Mon-
day of December next after said election. [80 v. 40.]
(481-60) [Sheriff's proclamation.] It shall be the duty of the sheriff
in each county in said subdivision at least fifteen days prior to said second
Tuesday in October, A. D. 1884, to give notice by proclamation, as is now pro-
vided by law, of the time and place of holding said election, which shall be
conducted and the returns thereof made in the same manner as required
by law in case of election of judges of the courts of common pleas. [80 v. 40.]
(481-61) [Compensation, duties and jurisdiction.] Said judges,
when elected and qualified, shall receive the same compensation as other
judges of said court, and shall also, in every respect, have the same jurisdiction,
possess the same powers, discharge the same duties and incur the same penal-
ties as are now or may hereafter be enforced or enjoined by the constitution
and laws of the state of Ohio upon other judges of said court. [80 v. 40.]
(481-62) [Vacancy, how to be filled.] When a vacancy shall occur
in the office of said additional judge, whether by the expiration of his term
of office or otherwise, said vacancy shall be filled as when a vacancy of the
other judges of said court. [80 v. 40.]
318
S (481-63).
JUDGES AND JUDICIAL DISTRICTS. Tit. IV, Ch. 3a.
SECOND SUBDIVISION.
Vinton County transferred from, see (481–72).
(481-63) [Second subdivision; Adams county transferred from
fifth district.] (Two-thirds of the members elected to each branch thereof
concurring), The county of Adams is hereby transferred from the first subdi-
vision of the fifth common pleas judicial district of Ohio to the second subivis-
ion of the seventh common pleas judicial district of Ohio. [92 v. 214.]
(481-64) [Additional judge; when elected; powers.] The counties
of Adams, Jackson, Lawrence, Pike and Scioto shall constitute the second sub-
division of the seventh judicial common pleas district of the state of Ohio,
and there shall be one additional judge of the court of common pleas in and
for said subdivision and district, who shall be a resident of said second subdi-
vision thereof and elected by the qualified electors of said subdivision. The
election of said additional judge shall be held at the annual election therein
for state and county officers on the first Tuesday after the first Monday in
November, A. D. 1896, and his term of office shall commence on the ninth day
of February, A. D. 1897, and shall continue five years, and such additional
judge shall be elected at the annual election for state and county officers every
five years thereafter for the same term, and commencing at the same time, and
shall, when elected and qualified, receive the same compensation as other
judges of said court, and shall also in every respect have the same jurisdiction,
possess the same powers, discharge the same duties and incur the same penal-
ties as are now, or may hereafter be enforced or enjoined by the constitution
and laws of the state of Ohio, upon judges of said court. (92 v. 214.]
(481-65) [Election.] It shall be the duty of the sheriff of each
county comprising said subdivision to issue proclamation as provided by
law of said election, which shall be conducted in all respects as now provided
by law for the election of common pleas judge. [92 v. 214.]
(481-66) [Vacancy.] When a vacancy occurs in the office of said
additional judge, it shall be filled in the manner now provided for filling
vacancies in the office of judge of said court. [92 v. 214.]
(481-67) [Incumbents; time for holding court.] That the judges
of the court of common pleas heretofore elected and holding office in the terri-
tory comprising the several subdivisions of the fifth common pleas judicial dis-
trict and of the seventh judicial common pleas district shall serve out their
judicial terms and during the residue of their respective terms be deemed the
judges of that subdivision and district hereby formed, in which the residences
of such judges were respectively fixed at the time of the passage of this act;
but nothing herein shall be construed to affect the time now fixed for holding
any of the terms of court in any of the subdivisions of said districts for the
year 1896. [92 v. 214.]
of
THIRD SUBDIVISION.
(481-68) [Same.] For the seventh judicial district there shall be one
additional judge of the court of common pleas, who shall be a resident of the
third subdivision of said district, composed of the counties of Athens, Wash-
ington, Gallia, and Meigs, and be elected by the qualified voters of said coun-
ties, at a special election to be holden in said counties of Athens, Washington,
Gallia,and Meigs, on the first Monday in June, A. D. 1868. [65 v. 126; S. &
S. 256; (65 v. 58).]
(481-69) [Election of.] Said election shall be conducted and the
returns thereof made in the same manner as if said judge had been elected at
the annual election of state and county officers; and thereupon the governor
shall issue a commission to the person elected such judge. [65 v. 126.]
(481-70) [Term of office, salary, duties, etc.] The term of office of
said judge shall commence on the first Monday of July, A. D. 1868, and shall
319
•
Tit. IV, Ch. 3a. JUDGES AND JUDICIAL DISTRICTS.
S (481-71).
continue for the full term of five years thereafter; and when elected and quali-
fied shall receive the same salary, and shall have in all respects the same
powers, and discharge the same duties, as are conferred and enjoined by the
constitution and laws of the state of Ohio upon other judges of said court; and
any vacancy that may occur in the office of such additional judge during said
term shall be filled as in other cases. [65 v. 126.]
?
(481-71) [Sheriff to give notice of election by a proclamation.
That it shall be the duty of the sheriff in each county in said subdivision at
the time of issuing his proclamation for the annual state election in 1872, and
on every fifth year thereafter, to give notice by proclation [proclamation] of
the time and place of holding such election, and said election shall take place
at said annual election in October, 1872, and once in five years thereafter:
provided, that nothing in this section contained shall be construed to change
the time of the beginning of the term of such judge, or the duration thereof.
[1872, April 13: 69 v. 73; 65 v. 126.]
(481-72) [Monroe and Vinton counties transferred.] Monroe county
be and the same is hereby transferred from the second subdivision of the eighth
common pleas judicial district of Ohio to the third subdivision of the seventh
judicial district, and from the fourth judicial circuit to the seventh judicial
circuit; and that Vinton county be and the same is hereby transferred from the
second subdivision of the seventh common pleas judicial district aforesaid to the
third subdivision thereof. [91 v. 218.]
(481-73) [Additional judge.] There shall be one additional judge of
the court of common pleas in and for the seventh common pleas judicial
district of the state of Ohio, who shall be a resident of the third subdivision
thereof and elected by the qualified electors of said subdivision. The election
of said additional judge shall be held at the annual election therein for state
officers on the first Tuesday after the first Monday in November, A. D. 1894,
and his term of office shall commence on the first Monday of January next
thereafter, and continue five years, and said additional judge shall again be
elected every five years thereafter for the same term and commencing at the
same time. [91 v. 218.]
EIGHTH DISTRICT.
(481-74) [Subdivisions of eighth district.] Hereafter the subdi-
visions of the eighth judicial district in the state of Ohio, shall be as follows:
The counties of Muskingum, Morgan, Guernsey, and Noble, shall constitute the
first subdivision; the counties of Belmont and Monroe, shall constitute the
second subdivision; and the counties of Tuscarawas, Harrison, and Jefferson,
shall constitute the third subdivision. [66 v. 97.]
(481-75) [Assignment of judges among.] The several judges now
in office in the first, second, and third subdivisions, of said district, as they are
now constituted, and their successors in office, shall be the judges of the first,
second, and third subdivisions respectively herein described: provided, that
nothing herein shall be construed so as to interfere in any way with the
holding of courts in said district, as they are now held, prior to the first day
of January, A. D. 1870. [66 v. 97.]
FIRST SUBDIVISION.
(481-76) [Additional judge shall be elected.] For the eighth judi-
cial district of the state of Ohio, there shall be one additional judge of the court
of common pleas, who shall be a resident of the first subdivision, composed of
the counties of Muskingum, Morgan, Guernsey, and Noble, to be elected by the
qualified voters of said counties, as herein provided. [66 v. 97.]
320
§ (481-77).
JUDGES AND JUDICIAL DISTRICTS.
Tit. IV, Ch. 3a.
(481-77) [First election; term.] The first election for said additional
judge shall be held on the first Monday in June, A. D. 1869, and his term of
office shall commence on the second Monday in August thereafter. [66 v. 97.]
(481-78) [Election of additional common pleas judge in first
subdivision, eighth district; notice of election; time, place, and conduct
of election; certificate of election and commission.] It shall be the duty
of the sheriff in each county in said first sub-division at least fifteen days prior
to the first Monday of June, 1869, and at least fifteen days prior to the first
Tuesday, after the first Monday in November, of each year immediately prior
to the expiration of each successive term of office of such additional judge,
to give notice by proclamation according to law of the time and place for
holding the election of such additional judge, which election shall be held at
the time and place of the general election for state and county officers, and
shall be conducted and the returns thereof made in the manner required by
law in case of the election of other judges of the court of common pleas,
except that the abstract and certificate of the election in said first sub-division
shall be transmitted by the clerk of the court of common pleas of Muskin-
gum county to the secretary of state, who shall certify the same to the gover-
nor, and the governor shall thereupon issue a commission to each person
elected to be such judge. [1888, April 13: 85 v. 214; Rev. Stat. 1880;
66 v. 97.]
(481-79) [Salaries, duties, etc., of such additional judge.] The said
additional judge shall receive the same salary as other judges of the court of
common pleas, and when so elected and qualified shall have, in all respects,
the same powers and jurisdiction, and discharge all the duties as are conferred
and enjoined by the constitution and laws of this state upon the judges of
said court; and any vacancy that may occur in the office of said additional
judge, by death, resignation, or otherwise, shall be filled as in other cases of
vacancy in the office of judge of said court. [66 v. 97.]
(481-80) [Additional judge.] For the eighth judicial district of the
state of Ohio, there shall be an additional judge of the court of common pleas,
who shall be a resident of the first subdivision, composed of the counties of
Muskingum, Morgan, Guernsey and Noble, to be elected by the qualified voters
of said counties as herein provided. [89 v. 79.]
(481-81) [First election; term.] The first election for said additional
judge shall be held on the first Monday in April, A. D. 1892, and his term of
office shall commence on the 18th day of April, next thereafter. [89 v. 79.]
(481-82) [Election.] It shall be the duty of the sheriff in each county
of said first subdivision, at least fifteen days prior to the first Monday of April,
A. D. 1892, and at least fifteen days prior to the first Tuesday after the first
Monday in November of each year, immediately prior to the expiration of each
successive term of office of such additional judge, to give notice by proclama-
tion according to law of the time and place for holding the election for such
additional judge, which election shall be held at the time and place for the
general election of state and county officers, and shall be conducted and the
returns thereof be made in the manner required by law in case of election of
other judges of the court of common pleas. [89 v. 79.]
(481-83) [Compensation; powers; vacancy.] Said additional judge
shall receive the same salary as other judges of the court of common pleas, and
when so elected and qualified shall have in all respects the same powers and
jurisdiction and discharge all the duties conferred and enjoined by the consti-
tution and laws of this state upon the judges of said court; and any vacancy
that may occur in the office of such additional judge by death, resignation or
321
Tit. IV, Ch. 3a. JUDGES AND JUDICIAL DISTRICTS.
§ (481-84).
otherwise, shall be filled as in other cases of vacancy in the office of judge of
said court. [89 v. 79.]
Monroe county transferred from second subdivision, eighth district, to third subdivi
sion of seventh district, see ? (481-72).
THIRD SUBDIVISION.
(481-84) [Additional judge; term; vacany, how filled.] There shall
be elected in the third subdivision of the eighth judicial district of Ohio, com-
posed of the counties of Jefferson, Harrison and Tuscarawas, by the electors
thereof, under and in pursuance of the general election laws of the state of
Ohio governing the election of judges of the court of common pleas, at the
township elections on the first Monday of April, A. D. 1882, one judge of the
court of common pleas in addition to the judge heretofore provided for by law,
for said third subdivision of said eighth judicial district. Said additional judge
shall be elected for the term of five years; his term of office shall begin on
the third Monday of April, A. D. 1882, and he shall have all the powers, and
be subject to all the obligations, and shall perform all the duties pertaining
to said office of judge of the common pleas court. He shall receive the same
compensation as other common pleas judges; and vacancies, if any shall occur
in his office, shall be filled as now provided by law in such cases, and his suc-
cessors shall be elected at the annual general election, which shall be held
on the second Tuesday of October next preceding the expiration of his term
of office. [79 v. 7.]
At said election on
(481-85) [Election, how to be conducted.]
the first Monday of April, A. D. 1882, for said additional judge, a separate
ballot shall be voted by each elector, and they shall be deposited in a separate
ballot-box by the judges of said election at each election precinct, and separate
poll-books and tally-sheets shall be kept for said election of such additional
judge. One of each of said poll-books and tally-sheets shall be returned to
the clerk of the court of common pleas of the county in which said several
precincts are situated, and said clerks of the courts of common pleas in said
counties shall make and transmit abstracts, as in other cases of the election of
judges of the court of common pleas. [79 v. 7.]
NINTH DISTRICT.
(481-86) [Defining the subdivisions of ninth judicial district.] The
counties of Stark, Carroll, and Columbiana, shall hereafter constitute the first
subdivision of the ninth judicial district of the state of Ohio. The counties of
Trumbull, Portage, and Mahoning shall constitute the second subdivision; and
the counties of Geauga, Lake, and Ashtabula, shall constitute the third subdi-
vision of said district, and together these counties shall compose and form said
ninth judicial district. [1880, March 19: 77 v. 70; Rev. Stat. 1880; 72 v. 91.]
(481-87) [Judges to serve out their terms in subdivisions in which
elected; two judges in each subdivision.] That the judges of common pleas
heretofore elected and holding office in the territory comprising the several
subdivisions of the said judicial district shall serve out their judicial terms
therein, and be judges of said several subdivisions as hereby formed, and at
the election of state officers next preceding the expiration of their said terms
respectively, and each and every five years thereafter, their successors in office
shall be elected by the electors of said several subdivisions respectively, so that
there shall continue to be two judges in said first subdivision, two in the sec-
ond subdivision, and two in the third subdivision; but nothing herein shall
22
322
§ (481—88).
JUDGES AND JUDICIAL DISTRICTS.
Tit. IV, Ch. 3a.
be so construed as to interfere with the holding of the terms of court in either
of the said counties, as the same are now fixed for the year 1880. [1880,
March 19: 77 v. 70, 71; Rev. Stat. 1880; 72 v. 91.]
(481-88) [Election of additional judge, first subdivision ninth dis-
trict; term, powers, duties and compensation.] There shall be elected in the
first sub-division of the ninth judicial district of Ohio, composed of the coun-
ties of Columbiana, Carroll and Stark, by the electors thereof, under and in
pursuance of the general election laws of the state of Ohio, governing the
election of judges of the court of common pleas, at the township election, on
the first Monday of April, A. D. 1886, one judge of the court of common
pleas in addition to the two judges heretofore provided for by law for said
sub-division of said ninth judicial district. Said additional judge shall be
elected for the term of five years; his term of office shall begin on the third
Monday of April, A. D. 1886, and he shall have all the powers and be subject
to all the obligations, and shall perform all the duties pertaining to said office
of judge of the common pleas court. He shall receive the same compensation
as other common pleas judges, and vacancies, if any occur in his office, shall
be filled as now provided by law in such cases, and his successor shall be
elected at the next annual general election, which shall be held on the first
Tuesday after the first Monday in November, next preceding the expiration
of his term of office. [83 v. 10.]
(481-89) [Ballots, poll-books and abstracts of election.] At said
election on the first Monday of April, A. D. 1886, for additional judge, a
separate ballot shall be voted by each elector, and they shall be deposited in a
separate ballot-box by the judges of said election, at each election precinct
therein, and separate poll-books and tally-sheets shall be kept for said election
of such additional judge. One of each of said poll books and tally-sheets
shall be returned to the clerk of the court of common pleas of the county in
which said several precincts are situated, and said clerks of the courts of
common pleas in said counties shall make and transmit abstracts as in other
cases of the election of judges of the court of common pleas. [83 v. 10.]
(481-90) [Common pleas judges; election of in certain district.] The
judges of the court of common pleas heretofore elected and now holding office
in the first subdivision of the ninth judicial district of Ohio, composed of the
counties of Columbiana, Carroll and Stark, shall serve out the judicial terms
for which they were severally elected, and at the general election, which shall
be held on the first Tuesday after the first Monday in November next pre-
ceding the expiration of their said terms, respectively, and each and every five
years thereafter, their successors in office shall be elected by the electors of said
sub-district, so that the successor in office of each of said judges shall be elected
at the general November election next preceding the expiration of his term.
86 v. 103.]
See 22978 as to the election of common pleas judges.
SECOND SUBDIVISION.
(481-91) [Election of additional judge in second subdivision, ninth
district. There shall be elected in the second sub-division of the ninth
judicial district of Ohio, composed of the counties of Mahoning, Trumbull
and Portage, by the electors thereof, under and in pursuance of the general
election laws of the state of Ohio governing the election of judges of the court
of common pleas, at the township election on the first Monday in April,
A. D. 1888, one judge of the court of common pleas, in addition to the two
323
Tit. IV, Ch. 3a. JUDGES AND JUDICIAL DISTRICTS.
S (481-92).
judges heretofore provided for by law for said sub-division of said ninth judi-
cial district. Said additional judge shall be elected for the term of five years;
his term of office shall begin on the fourth Monday of April, A. D. 1888, and
he shall have all the powers and be subject to all the obligations, and shall
perform all the duties pertaining to said office of judge of the court of com-
mon pleas. He shall receive the same compensation as other common pleas
judges, and vacancies, if any occur in his office, shall be filled as provided by
law in such cases. [85 v. 101.]
At said election, on
(481-92) [As to conduct of such election.]
the first Monday in April, A. D. 1888, for additional judge, a separate ballot
shall be voted by each elector, and they shall be deposited in a separate ballot-
box by the judges of said election at each election precinct therein; and sepa-
rate poll-books and tally-sheets shall be kept for said election of such addi-
tional judge. One of each of said poll-books and tally-sheets shall be returned
to the clerk of the court of common pleas of the county in which said several
precincts are situated, and said clerks of the court of common pleas in said
counties shall make and transmit abstracts as in other cases of the election of
judges of the court of common pleas. [85 v. 101.]
An additional judge was created, but no successor was provided for, by the act of May
14, 1868 (65 v. 197; S. & S. 258).
(481–93) [Additional judge; term; powers, compensation, vacancy.]
There shall be elected in the second subdivision of the ninth judicial district
of Ohio, composed of the counties of Trumbull, Mahoning and Portage, by
the electors thereof, under and in pursuance of the general election laws of the
state of Ohio governing the election of judges of the court of common pleas,
at the regular November election held in 1892, one judge of the court of com-
mon pleas in addition to the two judges heretofore provided for by law for said
subdivision of said ninth judicial district. Said additional judge shall be
elected for the term of five years; his term of office shall begin on the fourth
Monday of April, A. D. 1893, and he shall have all the powers and be subject
to all the obligations and shall perform all the duties pertaining to the said
office of judge of said court of common pleas; he shall receive the same com-
pensation as other common pleas judges, and vacancies, if any occurring in his
office, shall be filled as provided by law in such cases. [89 v. 276.]
(481-94) [Additional judge.] There shall be elected in the second
subdivision of the ninth judicial district of Ohio, composed of the counties of
Mahoning, Trumbull and Portage, by the electors thereof, under and in pur-
suance of the general election laws of the state of Ohio, governing the election
of judges of the court of common pleas, at the general election to be held in
November, A. D. 1897, one judge of the court of common pleas, in addition to
the two judges heretofore provided for by law for said subdivision of said ninth
judicial district. Said additional judge shall be elected for the term of five
years; his term of office shall begin on the fourth Monday of April, A. D. 1898,
and he shall have all the powers and be subject to all the obligations, and shall
perform all the duties pertaining to said office of judge of the court of common
pleas; he shall receive the same compensation as other common pleas judges,
and vacancies, if any occur in his office, shall be filled as provided by law in such
cases. [92 v. 79.]
THIRD SUBDIVISION.
(481-95) [Additional judge in third subdivision of ninth district.]
There shall be one additional judge of the court of common pleas in and for
the ninth judicial district of the state of Ohio, who shall be a resident of the
third subdivision thereof, and who shall be elected by the qualified electors of
the counties of Ashtabula, Geauga, and Lake, comprising said third subdi-
vision. [72 v. 192.]
324
t
#
§ (481–96).
JUDGES AND JUDICIAL DISTRICTS. Tit. IV, Ch. 3a.
(481-96) [First and subsequent elections; terms.] The first elec-
tion for said additional judge shall be held on the third Monday of January,
A. D. 1875, and his term of office shall commence on the first Monday in
February thereafter, and such additional judge shall thereafter be elected at
the annual election in October, A. D. 1875, and every five years thereafter, in
the same manner and for the same term of office as is prescribed by the con-
stitution and laws of the state of Ohio, for the election of other judges of said
court. [72 v. 192.]
(481-97) [Proclamation of election.] It shall be the duty of the
sheriff in each county in said subdivision, at least ten days prior to said third
Monday of January, A. D. 1875, to give notice by proclamation, as is now
provided by law, of the time and place of holding such election, which shall
be conducted, and the returns thereof made, in the same manner as required by
law in case of the election of judges of the court of common pleas. [72 v. 192.]
(481-98) [Salary, jurisdiction, and duties.] Said judge, when elected
and qualified, shall receive the same compensation as other judges of said
court, and shall also in every respect have the same jurisdiction, possess the
same powers, discharge the same duties and incur the same penalties as are
now, or may hereafter be enforced or enjoined by the constitution and laws
of the state of Ohio, upon other judges of said court. [72 v. 192.]
(481-99) [Vacancy, how to be filled.] When a vacancy shall occur
in the office of said additional judge, whether by the expiration of his term
of office or otherwise, such vacancy shall be filled as in vacancies in the office
of the other judges of said court. [72 v. 192.]
TENTH DISTRICT.
Carved out of the original third district; its boundaries and subdivisions, see ?(481-19).
Additional judge for first subdivision, see? (481—22).
(481-99a) SEC. 1. [Additional judge; first sub-division.] For the
tenth judicial district of the state of Ohio, there shall be an additional judge
of the court of common pleas, who shall be a resident of the first sub-division
thereof, composed of the counties of Hancock, Hardin, Seneca and Wood, to
be elected by the qualified voters of said counties as herein provided. [93 v. 6.]
(481-99b) SEC. 2. [First election; term.] That the first election for
said additional judge shall be held on the first Monday in April, A. D. 1898,
at the time of the annual election for municipal and township officers, under
and in pursuance of the general election laws of the state of Ohio governing
the election of judges of the courts of common pleas; he shall be elected for
the term of five years, beginning on the 18th day of April, A. D. 1898; and
his successor shall be elected at the regular annual election, which shall be held
on the first Tuesday after the first Monday in November next preceding the
expiration of his term of office, and every five years thereafter. [93 v. 6.]
(481-99c) SEC. 3. [Proclamation of election.] It shall be the duty
of the sheriff of each county of said first sub-division, at least fifteen days prior
to the first Monday in April, A. D. 1898, and at least fifteen days prior to the
first Tuesday after the first Monday in November of each year immediately
prior to the expiration of each successive term of office of such additional judge,
to give notice by proclamation according to law of the time and place for hold-
ing the election for such additional judge, which election shall be conducted
and the returns thereof made in the same manner required by law in case of
election of other judges of the court of common pleas. [93 v. 6.]
(481-99d) SEC. 4. [Salary, jurisdiction and duties; vacancy.] Said
additional judge shall receive the same salary as other judges of the court of
common pleas, and when so elected and qualified shall have in all respects the
1
325
Tit. IV, Ch. 3a.
JUDGES AND JUDICIAL DISTRICTS. S (481-100).
same powers and jurisdiction, be subject to all the obligations, and discharge all
the duties conferred and enjoined by the constitution and laws of this state upon
the judges of said court; and any vacancy which may occur in the office of
such additional judge by death, resignation, or otherwise, shall be filled as in
other cases of vacancy in the office of judge of said court. [93 v. 6.]
(481-100) [Second sub-division; additional judge.] There shall be
hereafter elected an additional judge of the court of common pleas for the second
sub-division of the tenth judicial district of the state of Ohio, who shall be a
resident therein and who shall be elected by the qualified electors of the
counties of Crawford, Marion and Wyandot, being the counties comprising
said second sub-division of said tenth judicial district of Ohio. [87 v. 48.]
(481-101) [Time of election; term; powers; compensation.] The
election for said additional judge shall be held on the first Monday of April,
A. D. 1890, at the time of the annual elections for municipal and township
officers, at a special election for that purpose, under and in pursuance of the
general election laws of the state of Ohio, governing the election of judges of
the courts of common pleas, and he shall be elected for the term of five years,
beginning on the third Monday of April, A. D. 1890; shall have all the powers
and be subject to all the obligations and shall perform all and singular the
duties pertaining to said office of judge of the court of common pleas, and shall
receive the same compensation as other common pleas judges, and shall con-
tinue in office until his successor shall be elected and qualified; his successor
shall be elected at the next regular annual election, which shall be held on the
first Tuesday after the first Monday of November next preceding the expiration
of the term of office of said additional judge. [87 v. 48.]
(481-102) [Vacancy.] Should a vacancy occur in the office of said
additional judge, by death, resignation or otherwise, it shall be filled in the
manner provided for filling vacancies in the office of judge of the court of com-
mon pleas. [87 v. 48.]
(481-103) [First election.] At said special election on the first
Monday of April, A. D. 1890, for the election of said additional judge, the
judges and clerks of such municipal and township elections shall act as the
officers at the election of said additional judge, and the judges of each election
precinct shall keep separate ballot-boxes, poll-books and tally-sheets, and one
each, of said poll-books and tally-sheets, shall be returned to the clerk of the
court of common pleas of the county in which said election precincts are situate,
and said clerk of the court of common pleas in said several counties in which
said special election is held, shall make and transmit abstracts of the vote as in
other elections of judges of the court of common pleas. [87 v. 48.]
(481-104) [Notice of election.] It shall be the duty of the sheriff of
each county in said second sub-division of said tenth judicial district of Ohio,
comprised of the counties of Crawford, Marion and Wyandot, at least ten days
prior to the first Monday of April, A. D. 1890, and at least fifteen days prior to
the first Tuesday after the first Monday in November of each year immediately
prior to the expiration of each successor's term of office of such additional
judge, to give notice by proclamation according to law of the time and place
of holding the election of such additional judge; which elections for said addi-
tional judge shall, after the special election herein mentioned, be held at the
same time and place of holding general elections of state and county officers,
and shall be conducted and the returns thereof made in the same manner re-
quired by law in the elections of judges of the court of common pleas. [87 v.
48.]
326
SS 482-484.
SUPERIOR COURT OF CINCINNATI.
Tit. IV, Ch. 4.
CHAPTER 4.
SUPERIOR COURT OF CINCINNATI.
SECTION
495. Power at special term to vacate or modify judg-
ments, or to enter judgment by confession.
Process.
SECTION
483. Election of judges, term of office, and how va-
cancy filled.
482. Superior court of Cincinnati shall continue as
organized.
496.
497.
498.
484. How the election shall be conducted.
485. The judges must be residents of Hamilton
county.
486. Clerk of common pleas to be clerk, and give
additional bond.
487. Sheriff and other officers shall attend and exe-
cute process.
488. Where the court shall be held.
489. Terms of the court.
490. Adjournments.
491. Terms.
492. When clerk may enter adjournments.
493.
Jurisdiction.
494. Summons: where it may be served.
Dockets, practice, masters, etc.
Laws applicable thereto: how far a court of general
jurisdiction.
499. Its judgments: how reviewed on error.
499a. The proceedings in error; power of the court at
general term to render judgment or remand
to special term; judge disqualified.
4996. Commou pleas judge substituted for disquali-
fied judge; record thereof.
500. Chamber jurisdiction.
501. Trial may be adjourned from term to term.
502. What shall be done when judges are interested.
503. Questions arising at special term may be reserved for
general term; judgments and final orders at
general term: how reviewable, etc.
For publication of court calendars and legal notices in law journals (83 v.
? (557-4) et seq.
25), see
For "an act to provide for the appointment by courts of record of trustees to receive,
hold, and manage funds belonging to unknown or non-resident parties, and for the protec-
tion of those who pay to such trustees" (84 v. 232), see? (6327-1) et seq.
As to appointment of assistant prosecuting attorney, see 1271.
house of refuge directors, see ? 2085.
8
jary commissioners in certain cities, see 51896.
official stenographers, see ? 475.
tax commission in certain cities, see ? 2690a.
trustees of Cincinnati hospital, see (2167—2).
For the recommendation of suitable persons to common council in Cincinnati for trustees
of the university, see ? 4098.
SEC. 482. [Superior court of Cincinnati.] The court of record hereto-
fore established within the city of Cincinnati, in the county of Hamilton,
styled the superior court of Cincinnati, shall continue as now organized, and
consist of three judges. [52 v. 34, §1; S. & C. 388.]
Judge ineligible to office of county auditor, 1020.
Section cited, 48 O. S. 211, 217.
The lien of a judgment of the superior court of Cincinnati extends, without a levy, to all the lands of
the judgment debtor lying in the county of Hamilton, as well as in the city of Cincinnati: Kilbreth v. Diss.
24 O. S. 379.
Conferring power on the superior court of Cincinnati to appoint trustees of a railroad, is constitutional:
Walker v. Cincinnati, 21 O. S. 14.
SEC. 483. [Term of office of the judges, and their election.] The
judges of the superior court shall severally hold their office for five years, and
shall be elected by the electors of the city of Cincinnati, on the first Monday
of April of each year in which the term of any of said judges expires, accord-
ing to the terms as fixed by lot after the first election in the year one thousand
eight hundred and fifty-four; and in case the office of any one of the judges
becomes vacant before the expiration of the regular term for which he was
elected, the vacancy shall be filled by appointment by the governor, until a
successor is elected and qualified; and such successor shall be elected for the
unexpired term, on the first Monday of April that occurs more than thirty
days after the vacancy has happened. [52 v. 34, § 2; S. & C. 388.]
SEC. 484. [The election.] The election for the judges shall be held
within the city of Cincinnati, and the poll-books returned, and abstracts and
327
Tit. IV, Ch. 4.
SUPERIOR COURT OF CINCINNATI.
§§ 485-492.
certificates of election made out as provided for municipal elections in cities;
and such certificates shall be transmitted, by the clerk or recorder making the
same, to the governor, who shall issue commissions to the persons elected.
[52 v. 34, § 3; S. & C. 388.]
SEC. 485. [Judges' residence and oath.] The judges shall be residents
of Hamilton county, but may reside without the limits of the city of Cincinnati :
they shall take the same oath, and be removed for the same causes, as judges
of the court of common pleas. [57 v. 133, § 4; S. & C. 388.]
SEC. 486. [Clerk of common pleas shall be clerk of this court.] The
clerk of the court of common pleas of Hamilton county shall be the clerk of
this court. The county commissioners of Hamilton county may require the
clerk, in addition to the bond now required by law, to give an additional bond,
in not less than ten thousand dollars, nor more than fifty thousand dollars,
conditioned that he will truly and faithfully pay over all moneys that are by
him received in his official capacity as clerk of the superior court of Cincinnati,
and that he will enter and record all the orders, decrees, judgments, and pro-
ceedings of the court which he is by law required to enter and record, and
faithfully and impartially perform all the duties of the office. [52 v. 34, § 6;
S. & C. 389.1
SEC. 487. [Sheriff and other ministerial officers shall perform same
duties in this as in common pleas court.] Sheriffs, coroners, and constables,
shall be bound to attend this court, preserve order, and execute and return its
process, as they are required to do in the court of common pleas; and all laws
now in force, or which may be enacted, prescribing the duties and liabilities of
such officers, and the mode of proceeding against them, or either of them, for
any neglect of official duty, allowing fees, and providing for the collection
thereof, in the court of common pleas, shall be held and deemed to extend to
the superior court of Cincinnati, unless the same are plainly inapplicable.
[52 v. 34, § 7; S. & C. 389.]
SEC. 488. [Where courts shall be held.] The superior court of Cin-
cinnati shall be held at the court-house in the city of Cincinnati, or at such
other convenient place in that city as the commissioners of Hamilton county
provide. [52 v. 34, § 8; S. & C. 389.]
SEC. 489. [Terms, and how long continued.] Terms of court shall
commence on the first Monday of every month, except the months of July,
August, and September, in which months terms may be held by the judges or
any of them, if directed by the judges or any of them, on their respective jour-
nals; and the terms thereof shall be respectively named after the different
months in which they are held, and they may be continued and held from
the time of their commencement every day, Sundays excepted, until_and
including the last Saturday before the first Monday of the next month. [52 v.
34, §9; S. & C. 389.]
SEC. 490. [Adjournments.] The judges of the court may adjourn the
same on any day previous to the expiration of the term for which it is held,
and also from any one day in the term over to any other day in the same
term, if, in their opinion, the business of the court will admit thereof. [52 v.
34, § 10; S. & C. 389.]
SEC. 491. [Terms.] A general term of said court may be held by any
two of the judges thereof, and a special term by any one of them; and general
and special terms, one or more of them, may be held at the same time, as the
judges of said court may direct. [52 v. 34, § 12; S. & C. 389.]
SEC. 492. [When judges fail to attend, the clerk may adjourn the
court.] In case said court shall not be formed at any time, or any term thereof
shall be interrupted by reason of the non-attendance of the judge, the clerk of
and
the court may adjourn the same from day to day, or until the next term,
328
$493.
SUPERIOR COURT OF CINCINNATI.
Tit. IV, Ch. 4.
all process and other proceedings shall be continued over accordingly. [52 v.
34, § 11; S. & C. 389.]
SEC. 493. [Jurisdiction.] The superior court of Cincinnati shall have
original jurisdiction, where the sum or matter in dispute exceeds the exclusive
jurisdiction of justices of the peace, to hear, try, and determine, according to
law, the following actions:
1. Actions for the recovery of real property, or of an estate, or interest
therein; for the partition of real property; for the sale of real property under
a mortgage, lien, or other charge or incumbrance, when the subject of the action
is situated within the city of Cincinnati.
2. Actions to compel the specific performance of a contract for the sale of
real estate, where all the defendants, or any of them, reside in the city of Cin-
cinnati.
3. Actions for the following causes, where the cause, or some part thereof,
arose in the city of Cincinnati: Actions for the recovery of a fine, forfeiture, or
penalty; and when it is imposed for an offense committed on a river or road
which bounds the city of Cincinnati, the action may be brought in this court,
provided the offense was committed opposite the city of Cincinnati; also, an
action against a public officer for an act done by him in virtue or under color
of his office, or for neglect of his official duties, and an action on the official
bond or undertaking of a public officer.
4. Actions brought against a corporation, created by the laws of this state,
which is situated in the city of Cincinnati, or has its principal office or place of
business therein; and if such corporation is an insurance company, actions
against the same, where the cause of action, or some part thereof, arose in the
city of Cincinnati, unless in the case of a corporation created by a law of this
state the charter prescribes a place where alone a suit against such corporation
may be brought.
5. Actions against a railroad company, or an owner of a line of mail
stages or other coaches, which passes through or into the city of Cincinnati,
for an injury to person or property upon the road or line, or upon a liability
as a carrier.
6. Actions against a turnpike road company, any part of which lies in
the city of Cincinnati, or passes into or touches at that city.
7. Actions brought against a non-resident of this state, or a foreign cor-
poration, where property of, or debts owing to, the defendant may be found in
the city of Cincinnati, or where the defendant may be found in the city of
Cincinnati; and if the defendant is a foreign insurance company, actions
brought against the same, where the cause, or some part thereof, arose in the
city of Cincinnati.
8. Every other action, where the defendant, or some one of the defend-
ants, resides or may be summoned in the city of Cincinnati, except applica-
tions for divorce and alimony, or for alimony.
9. Actions in the nature of creditor's bills in aid of execution brought by
a judgment creditor, who has obtained a judgment in the court, to subject any
interest of the judgment debtor in lands situate in Hamilton county to the
payment of such judgment.
10. Actions of replevin where the defendant, or one of several defendants,
is found in the city of Cincinnati, and the property is found in the county of
Hamilton. [52 v. 34, § 14; 54 v. 11, §3; S. & C. 389, 391.]
Jurisdiction of supreme court for error in judgment rendered or final order made as
to construction of jurisdiction of any court of this state, see ? 6710.
An action to compel an assignee for creditors to allow a claim may be brought in this court: Meader v.
Root, 11 C. C. 81; 5 O. D. 61.
See note to Kittredge ". Miller, 12 C. C. 128; 5 O. D. 391, under 2? 524.
329
Tit. IV, Ch. 4.
SUPERIOR COURT OF CINCINNATI.
S$ 494-499a.
SEC. 494. [Summons.] When any of the enumerated actions is rightly
brought in this court, a summons shall be issued to any county against one or
more of the defendants, at the plaintiff's request. [52 v. 34, § 15; S. & C. 390.]
SEC. 495. [Jurisdiction at special term.] The court, at special term,
shall have the same power to vacate or modify its own judgments or orders,
rendered at a special term, and to enter judgments by confession, as is or may
be vested by law in courts of common pleas. [52 v. 34, § 16; S. & C. 390.]
The special term cannot alter a remanded decision of the general term, as by extending time to obey its
order: Cincinnati v. Ry. 56 O. S. 675, 692.
SEC. 496. [Process.] The process of the court shall have the seal
affixed, and be tested, directed, served, and returned, and be in form as is or
may be provided for the process of the court of common pleas, varying only in
the style of the court, and shall conform, as far as is necessary, to its terms.
[52 v. 34, §18; S. & C. 390.]
SEC. 497. [Dockets, practice, masters, etc.] The superior court of
Cincinnati shall have full power to classify and distribute the business therein
as may be necessary; to make rules and regulations for practice therein; to
appoint masters, receivers, and other officers necessary to facilitate its business;
to direct as to the modes of proceeding by or before these officers, and to tax
costs. [52 v. 34, § 19; S. & C. 390.]
SEC. 498. [Laws applicable thereto; how far a court of general
jurisdiction.] All laws conferring jurisdiction, in the actions enumerated,
upon common pleas courts or circuit courts, giving them power to hear and
determine such causes, and to preserve order and punish contempt, regulating
their practice and forms of process, prescribing the force and effect of their
judgments, orders, or decrees, and authorizing or directing the execution
thereof, shall be held to extend to the superior court of Cincinnati as fully as
they extend to the common pleas court, unless the same are inconsistent with
this chapter or plainly inapplicable; and the superior court of Cincinnati, in
respect to the form and manner of all pleadings therein, and the force and effect
of its judgments, orders, or decrees, is a court of general jurisdiction. [1885,
February 7: 82 v. 16, 23; Rev. Stat. 1880; 52 v. 34, §20; (S. & C. 390).]
A judgment of the superior court of Cincinnati is a lien upon all the debtor's land within the county of
Hamilton, whether inside or outside of the city of Cincinnati: Kilbreth v. Diss, 24 O. S. 379.
The superior court of Cincinnati has jurisdiction of an action to enjoin the illegal assessment of taxes
under ¿ 5848: Gerke v. Purcell, 25 O. S. 229.
The superior court of Cincinnati has no power to hear and determine proceedings supplemental to exe-
cution provided for in 2 5472, Rev. Stat.: Amlingmeier v. Amlingmeier (Ham. Dist. Court), 9 W. L. B. 241.
SEC. 499. [Its judgments: how reviewed on error.] A judgment ren-
dered, or final order made, by the superior court of Cincinnati at general term,
may be reversed, vacated or modified by the supreme court for errors appear-
ing on the record. [91 v. 277; 90 v. 191; 82 v. 16, 23; original section repealed,
78 v. 95.]
SEC. 499a. [The proceedings in error; power of the court at general
term to render judgment or remand to special term; judge disqualified.]
A judgment rendered, or final order made, by said superior court of Cincinnati
at special term, may be reversed, vacated or modified by said superior court at
general term for errors appearing in the proceedings at special terms, or by
exceptions taken, in accordance with chapter 4, title 1, division 3, part 3 of the Re-
vised Statutes. The proceedings to obtain such reversal, vacation or modifica-
tion, shall be by petition, to be entitled, "petition in error," and shall be the
same as those provided by chapter 1, title 4, part 3 of the Revised Statutes, upon
petitions in error, except that it shall not be necessary to file with the petition
a transcript of the proceedings, but the petition in error shall be heard upon
the original files, pleadings and proceedings; and the said superior court, at
general term thereof, shall have the power to render such judgment as should
330
$$ 4996-503.
SUPERIOR COURT OF CINCINNATI.
Tit. IV, Ch. 4.
have been rendered at special term, or remand the cause to the special term for
judgment, and upon such judgment execution may issue as upon original
judgments; provided, that no judge of said superior court shall sit on the trial
or hearing in said superior court in general term of a petition in error to reverse
a judgment rendered or decision made by such judge in special term. [91 v.
277; 90 v. 191; 82 v. 16, 23.]
No leave required to go up on error to supreme court, 26710.
No leave required to go up on error to supreme court, ? 6710.
Jurisdiction of supreme court in error limited, see ? 6710.
Cited Cincinnati v. Railway Co., 56 O. S. 693.
A final judgment of the Superior Court in general term, rendered on a bill of evidence cannot be re-
manded to special term for further proceedings as to such judgment. As to the matters upon which it was
rendered, it is final: Cincinnati v. Railway Co., 56 O. S. 675.
SEC. 499b. [Common pleas judge substituted for disqualified judge,
record thereof.] Whenever one of the judges of the superior court of Cin-
cinnati shall be disqualified from sitting in the hearing of any cause in the
general term of said court, his place in such hearing shall be taken by a judge
of the court of common pleas of Hamilton county, to be designated as follows:
The judges of said court of common pleas shall, in the month of September of
each year, designate and assign one of their number to sit in the hearing of
cases in the general term of said superior court for the year, beginning with
the first day of October next ensuing; and should the term of office of the judge
so designated and assigned end before the expiration of such year, another
judge shall in like manner be designated and assigned for the residue of such
year. Should more than one judge of said superior court be disqualified to sit
in any cause in the general term thereof, a certificate to that effect shall be
issued by said court to the supervisory judge of said court of common pleas,
who shall thereupon designate and assign such additional number of judges
of said court of common pleas as may be necessary, to sit in the hearing of such
cause. Designations and assignments so made by said court of common pleas,
or the supervisory judge thereof, shall be entered upon the minutes of the
judges of said court sitting in joint session, and copies of such entries shall be
certified to said superior court of Cincinnati and entered upon the minutes of
the general term thereof. [91 v. 277.]
SEC. 500. [Chamber jurisdiction.] The judges of the court, in the
exercise of the jurisdiction conferred, and in granting remedial writs and
orders, shall, in the recess thereof, have the same power and authority as the
judges of the court of common pleas. [52 v. 34, § 23; S. & C. 391.]
SEC. 501. [Cases may be continued after impaneling the jury.]
When a jury has been impaneled for the trial of any case in the superior court
of Cincinnati, and it is deemed proper, by reason of the approaching termina-
tion of any term of the court, to continue and adjourn such trial to the next
succeeding term, it is lawful for the court to order that the trial be adjourned,
and the jury attend on a day to be specified in the next succeeding term, on
which day the jury shall be called and the case proceed and be disposed of as
if the trial had commenced at such succeeding term. [54 v. 11, §1; S. & C.
391.]
SEC. 502. [Cases in which judges are interested.] If all the judges
of the court are interested in the event of any action pending before any of
them, the same shall be removed for trial into the court of common pleas of
Hamilton county, under an order of the court. [52 v. 34, § 27; S. & C. 391;
(S. & C. 398).]
SEC. 503. [Questions arising at special term may be reserved for gen-
eral term; judgments and final orders at general term: how reviewable,
etc.] Any judge of the superior court of Cincinnati sitting in special term,
may reserve and adjourn for the decision of such court in general term, any
331
Tit. IV, Ch. 5.
OTHER SUPERIOR COURTS.
$$ 504-522.
question of law or fact arising in any case upon the record, or upon evidence in
writing, and when the decision of such questions authorizes or requires a final
order or judgment, the same may be entered by the court in general term.
Judgments and final orders of such superior court, in general term, shall be
reviewable only by the supreme court; all laws providing for the review of
final orders and judgments of circuit courts shall apply to final orders and
judgments of such superior court in general term. [91 v. 278; 90 v. 191; 82 v.
16, 24; 77 v. 188; Rev. Stat. 1880; 54 v. 11, § 2; (S. & C. 391).]
Where a case is taken on error from the special to the general term of the superior court of Cincinnati,
and the judgment of the special term is reversed, it is not error, under the statute organizing that court, for
the court at general term to proceed and render such final judgment as should have been rendered at the
special term, when the record shows that in no event can any other judgment be rendered in the case if the
cause were remanded to special term: Stein v. Steamboat Prairie Rose, 17 O. S. 471.
As between the general term and the special term of the superior court of Cincinnati, the special term is
a court of original jurisdiction, and the general term a court of error: Dean v. King, Pennock and King,
22 O. S. 118, 133.
The general term's judgment on a reserved case is not to be remanded for further proceedings as to the
judgment: Cincinnati v. Ry., 56 O. S. 675, 692.
CHAPTER 5.
OTHER SUPERIOR COURTS.
SECS. 504-522. [Repealed 1885, March 19: 82 v. 84, 85. Repeal took
effect 1886, July 1. Repeal is repealed in 91 v. 280, § 9. Former statutes: Rev.
Stat. 1880; 53 v. 38; 72 v. 90.]
The superior court of Cleveland was abolished by ?? 2 and 3 of the act of July 1, 1875
(72 v. 105).
The superior court of Greene county was abolished by ?? 6 and 7 of the act of March
27, 1875 (72 v. 89).
332
Tit. IV.
PROBATE COURT.
Ch. 6.
SECTION
CHAPTER 6.
PROBATE COURT.
523. Where probate court held; office for, etc.
524. Its exclusive jurisdiction.
525. Concurrent jurisdiction.
525-1. In Licking, Allen, Richland, Perry and De-
fiance counties court shall have concurrent
jurisdiction in certain cases.
525-2. Fees.
525-3. Filing of papers, etc., in Wood county.
526.
Power to administer oaths and take acknowl-.
edgments and depositions.
527. Jurisdiction acquired excludes other probate
judges.
528. Books to be kept, and indexes thereto.
528a. Records of probate court: how restored.
5286. Judge to make rules as to testimony and appoint
commissioner.
SECTION.
533-3. Papers filed since Jan. 1, 1888; no additional
compensation.
534. No probate judge or his clerk shall practice law;
penalty for violation of above; prosecuting
attorney to proceed by information in such
case.
Matters in which judge interested to be sent to
common pleas.
Rules of practice: by whom made.
535.
536.
537.
To observe the rules of common pleas so far as
applicable.
538.
Power to punish for contempt.
539.
Power to issue warrants, etc.
540.
Sheriff and other officers shall attend and serve
process.
541. Penalty by amercement for neglect by such of-
528c. Costs: how paid.
ficer.
529. Bond.
542.
How enforced.
530. Probate judge shall make entries and records
omitted by his predecessor.
543.
Proceedings for contempt.
544.
Execution: when it may issue.
531. Fees therefor.
532. Shall be paid by county, and recovered of delin-
quent judge.
545.
Itemized cost bills, and annual report of fees
received or charged.
546.
Fees of probate judge.
533. The judge to be clerk, and may appoint deputy
clerks.
547.
Same fees as in common pleas, for services not
herein provided for.
533-1. Arranging and preserving certain pleadings
and papers filed prior to Jan. 1, 1888.
548.
Costs in criminal proceedings; duty of judge in
pension cases.
533-2. Compensation of judge.
For insolvency courts see? (548—1) et seq.
For constitutional provisions relating to the election and term of office of probate
judge, and the jurisdiction of and transfer of business to the probate court, see Const., Art.
IV, ?? 7, 8, and Schedule, ? 14.
For publication of court calendars and legal notices in law journals (83 v. 25), see
? (557—4) et seq.
For an act to provide for the appointment by courts of record of trustees to receive,
hold, and manage funds belonging to unknown or non-resident parties, and for the protec-
tion of those who pay to such trustees" (84 v. 232), see ? (6327—1) et seq.
For "
an act empowering probate courts to authorize guardians of imbeciles or insane
persons to invest moneys and personal estate of their wards in erecting buildings on the
real estate of such wards" (86 v. 31), see ? (6313—1) et seq.
Order of probate court making general agent of humane society guardian of child,
when, see ? (3725—2).
To endorse printed instructions and forms of applications for admission into custodial
department of institution for feeble-minded youths, see ? (674—5).
Also to make statement as to financial abilities of the person desired to be admitted,
or parent to defray expense of support, etc., see ? (674-7).
Copies of forms for collection and registration of births and deaths to be furnished to
by state board of health, see ? (409—27).
See ?? 2, 3, and 4 of " an act to authorize boards of county commissioners to procure, by
purchase or otherwise, material for road purposes" (86 v. 338, 339), ? (4745--1) et seq.
As to power to increase or decrease the number of justices of the peace in any town.
ship, see 2568.
Power as to issue of new certificates of stock in place of those lost or destroyed, see
? (3254-1) et seq.
Duties as to collateral inheritance tax, see ? (2731-13) et seq.
Jurisdiction under the land title registration act, see? (4157-4) et seq.
As to appointment of assistant prosecuting attorney, see ? 1271,
commissioner in lost records, see ? 528b.
cost collector, see ? 1360.
county board of examiners, see ? 4069.
court constables, see 2553.
To appoint board of public affairs in Portsmouth, see ? (1707ƒ—2).
333
Tit. IV, Ch. 6.
PROBATE COURT.
As to appointment of deputy clerks, see 533.
examiners of county treasury, see 2 1129.
directors of Longview asylum, see 723.
inspectors of provisions, etc., see ? 4277 et seq.
person to convey insane patient to asylum, see ? 705.
$$ 523-524.
Jurisdiction of supreme court for error in judgment rendered or final order made as to
construction of jurisdiction of any court of this state, see 6710.
To appoint "county levee committee," see ? 4599c.
SEC. 523. [Where probate court held; what to be kept therein, and
how furnished.] There is established in each county of this state a probate
court, which shall be held at the county seat, in an office in which shall be
deposited and safely kept by the judge of the court all books, records, and
papers pertaining to the court; and such office shall be furnished by the
county commissioners, and provided with suitable cases for the safe keeping
and preservation of the books and papers of the court, and also with such
blank-books, blanks, and stationery as are required by the judge in the dis-
charge of his official duties. [51 v. 167, § 1; 64 v. 72, § 13; S. & C. 1212; S. & S.
626; (S. & C. 1214.]
See note to Commissioners v. Millard, 4 N. P. 53; 4 O. D. 419; aff'd in 13 C. C. 518; 7 O. D. 115; under
22545. 1325 and 4957.
Can not hold other offices, see ? 18, 1020.
SEC. 524. [Exclusive jurisdiction.] The probate court shall have
exclusive jurisdiction, except as hereinafter provided: First, to take the proof
of wills, and to admit to record authenticated copies of wills executed, proved,
and allowed in the courts of any other state, territory, or country; and in case
of the sickness or unavoidable absence of the probate judge, any of the judges
of the court of common pleas may take proof of wills and approve any bonds
to be given, but the record of such acts shall be preserved in the usual records.
of the probate court: Second, to grant and revoke letters testamentary and
of administration: Third, to direct and control the conduct and to settle the
accounts of executors and administrators, and to order the distribution of
estates: Fourth, to appoint and remove guardians, to direct and control their
conduct, and to settle their accounts: Fifth, to grant marriage licenses, and
licenses to ministers of the gospel to solemnize marriages: Sixth, to make
inquests respecting lunatics, insane persons, idiots, and deaf and dumb per-
sons, subject by law to guardianship: Seventh, to make inquests of the
amount of compensation to be made to the owners of real estate when appro-
priated by any corporation legally authorized to make such appropriation:
Eighth, to try contests of the election of justices of the peace: Ninth, to
qualify assignees and appoint and qualify trustees and commissioners of
insolvent debtors, control their conduct, and settle their accounts. [52 v. 103,
§ 2; 75 v. 836, §§ 1, 25; S. & C. 1212.]
See constitutional provisions at head of chapter.
For procedure in probate courts, see Part III, Title 2, 25913 et seq.
For procedure with reference to insane persons, etc., see ?? 702-714 and ?? 738–749.
For duties of the probate court in contests of election of justice of the peace, see
22 572-578.
When beneficiaries under a will whose trust property has been set off to them, allow the trustees under
the will to manage the property so set off, to make contracts as to the same and allow this to go on for more
than twenty years without asking for an accounting, after such lapse of time, the trustee can only be called
to account in a court of general jurisdiction and not in the probate court: Culver, executor v. Culver, admiu-
istrator, 58 O. S. 172. He can only be called to account as their agent and not as trustee under the will: Id.
Section cited, State v. Archibald, 52 O. S. 1, 6.
Probate courts of Ohio are courts of record, and their records import absolute verity: R. R. v. Belle
Centre, 48 O. S. 273.
The court can order an administrator to pay a particular claim out of a particular fund: Brown?
Trottner, 11 C. C. 498: 5 O. D. 222.
The common pleas, as a court of probate under the old constitution, had exclusive jurisdiction in pro-
bate and testamentary matters, and its orders in that behalf could not be reviewed by certiorari in the
supreme court: Gregory's estate, 19 O. 357; that court, as a court of probate, had no chancery jurisdiction
Gilliland v. Sellers, 2 0. §. 223.
Under the second section of the act of March 14, 1853 (51 v. 167), the probate court had power, on final
settlement with an administrator, to order distribution of moneys in his hands to the persons entitled
334
}
$525.
PROBATE COURT.
Tit. IV, Ch. 6.
thereto, and, for this purpose, to determine every disputed question necessary to ascertain the amount due,
and enforce payment by execution; but that the court when it went that far exhausted its power, and it
could not entertain a petition to enfore the collection as a debt against the estate: McLaughlin v. McLaughlin,
4 O. S. 508.
The probate court has no authority to cancel the election of a widow, previously made and entered on
its journal: Davis v. Davis, 11 O. S. 386.
When the clerk of the court of common pleas had the issuing of marriage licenses, in an action by the
father of a female against the clerk for granting a marriage license contrary to the statute, evidence of the
bad character of the husband might be received. Whether he is, in all cases where there is a legal impedi-
ment, liable if he does not administer an oath, quære: Larwill v. Kirby, 14 O. 1.
The probate court has exclusive jurisdiction to take the proof of wills, admit them to probate and record
them, together with the testimony. A record thus made in pursuance of these provisions is the only one
authorized or required by law, and without such probating and recording, wills are wholly inoperative in
Ohio for any purpose whatever: Brown, Guardian v. Burdick, 25 O. S. 265.
The probate court has exclusive jurisdiction to "take the proof of wills:" Mosier v. Harmon et al.,
29 O. S. 222.
The jurisdiction of the probate court over the settlement of the account of guardians, is exclusive:
Newton v. Hammond, 38 O. S. 430.
It has been settled, in Swearinger v. Morris, 14 O. S. 432, and Cox v. John, 32 O. S. 532, that the only order
of distribution here authorized to be made is a general order to the executor or administrator to dis-
tribute the funds remaining in.his hands according to law. It thus appears that an order designating or
naming the distributees is not authorized by law, and therefore would not debar any one interested in the
distribution from asserting his or her interest therein: Armstrong v. Grandin, 39 O. S. 374.
The settlement of a guardian's account is within the exclusive jurisdiction of the probate court: Gor-
man v. Taylor, 43 O. S. 86.
The probate court has jurisdiction to compel an assignee or trustee to account for money and property
in his hands for distribution; and for failure to do so, an action on his bond may be brought when there is an
order of that court fixing his liability and ordering the money to be paid, or on failure of the assignee to file
and settle his account, or to deliver to his successor all property and effects belonging to the trustee: Voss v.
Loomis, 1 C. C. 20.
Superior court of Cincinnati has jurisdiction, in a proper case upon a guardian's bond, for breach in not
paying over the balance in guardian's hands when the ward became of age: Meier v. Herancourt (Cin.
Sup. Court, Gen. Term), 8 W. L. B. 29.
An appeal lies from a refusal by the probate court to administer a trust and appoint a trustee: In re
Schumacher, 6 O. D. 125.
An assignment will not transfer the jurisdiction to the court of insolvency where a suit to foreclose is
pending in the court of common pleas: Omwake v. Jackson, 15 C. C. 615.
The superior court has no jurisdiction to hear the question of attorney's fees for services rendered the
assignee of an insolvent estate: Kittredge v. Miller, 5 O. D. 391; 12 C. C. 128.
The exclusive jurisdiction is in the probate court: Id.
See note to Bateman, administrator v. Morris et al., 4 N. P. 397, as to action to sell real estate to pay debts.
See cases under ? (548–9).
SEC. 525. [Its concurrent jurisdiction.] The probate court shall have
concurrent jurisdiction :
1. In the sale of lands on petition by executors, administrators, and
guardians, and the assignment of dower in such cases of sale.
2. In the completion of real contracts on petition of executors and adminis-
trators.
3. In allowing and issuing writs of habeas corpus, and determining the
validity of the caption and detention of the persons brought before them on
such writs.
4. Of all misdemeanors in the counties specified in section six thousand four
hundred and fifty-four. [75 v. 9, §3; 75 v. 960, § 1; S. & C. 1213.]
For procedure in sale of land, see ?? 6136-6174.
For procedure to compel the completion of real contracts, see ??5800-5802.
For procedure in habeas corpus, see ?? 5726-5753
In Butler county jurisdiction in partition, foreclosure and divorce, alimony, and cus-
tody, and appeal from justices and fees therefor, 91 v. 791.
In Fayette county concurrent jurisdiction given in partition, foreclosure, divorce, ali-
mony and custody, and compensation therefor, 92 v. 665.
In Franklin county general index authorized, 91 v. 691.
See note to Bateman, administrator v. Morris et al., 4 N. P. 397, as to action to sell real estate to
pay debts.
(525-1) [In Licking. Allen, Richland, Perry, and Defiance counties
court should have concurrent jurisdiction in certain cases.] That the pro-
bate court in the counties of Licking, Allen, Richland, Perry and Defiance
shall have concurrent jurisdiction with the court of common pleas in all pro-
ceedings in divorce, alimony, foreclosure and partition, and the probate court
in each of said counties shall hold four terms annually for the hearing and
trial of such causes, to wit: One term commencing the first Monday in Janu-
ary, one term commencing the first Monday in April, one term commencing the
first Monday in July and one term commencing the first Monday in October,
335
Tit. IV, Ch. 6.
PROBATE COURT.
§ (525—2).
provided that litigants shall have as heretofore, the same right of appeal and
of error from the probate court, to the circuit court as is allowed now by
appeal and error proceedings in similar cases from common pleas court to the
circuit court. [92 v. 643; 91 v. 799.]
(525-2) [Fees.] The judge of said court shall be allowed as compen-
sation for the hearing of any such proceeding the sum of two dollars and for
his clerical services therein such fees as are provided by law for the clerk of
the court of common pleas in similar cases, to be taxed as costs in each case.
[91 v. 799.]
(525-3) [Filing of papers, etc., in Wood county.] This act shall take
effect and be in force from and after the 9th day of February, A. D. 1897, and
in all actions and proceedings of the kinds named in said original section one
[91 O. L. 799,*] then pending undetermined in the probate court of Wood
county, the probate judge of said county shall cause a full and true transcript
to be made and certified by him, and file the same, together with all the original
papers in each of such causes with the clerk of the court of common pleas of
said county, and thereupon such cases shall be transferred to said court of
common pleas to be thereafter proceeded with in said court to final determina-
tion, the same as if originally commenced in said court of common pleas. And
for the making and certifying such transcripts the probate judge shall be paid
from the county treasury the same fees as are prescribed by law for like services.
[92 v. 643.]
*91 O. L. 799 as amended 92 v. 613 is ? (525—1).
Are courts of record in the fullest sense; their records import absolute verity; they are competent to
pass upon their own jurisdiction and to exercise it to final judgment without setting forth the facts and evi-
dence on which it is rendered: Shroyer v. Richmond, 16 O. S. 455.
The probate court has only such jurisdiction to sell property on the petition of executors, administrators,
and guardians as is possessed by the common pleas court. Hence, if at the time of the passage of the act
conferring such jurisdiction on the probate court, the common pleas court had not jurisdiction to order the
sale of the lands of a ward, on the application of his guardian, the probate court could not order such a sale :
Foresman v. Haag, 36 O. S. 102.
SEC. 526. [Authorized to administer oaths, and take acknowledgments
and depositions.] Probate judges may administer oaths in all cases where oaths
are authorized by law; take the acknowledgment of deeds, mortgages, and
other instruments of writing required by law to be acknowledged, and take
depositions in all cases where the same are authorized to be taken by the laws
of this state. [51 v. 167, §4; S. & C. 1213.]
When probate court may refer a matter, see ?5215.
SEC. 527. [Jurisdiction acquired exclusive of other probate judges.]
The jurisdiction acquired by any probate court over a matter or proceeding, is
exclusive of that of any other probate court, except where otherwise provided
by law. [51 v. 167, §5; S. & C. 1213.]
Application to a probate court in one county for administration, though it be refused, excludes any other
probate court from acting: Worthington's estate, 4 O. D. 381.
SEC. 528. [What books, etc., shall be kept by judge, and how; in-
dexes.] The following books shall be kept by the probate court, and blank-
books for the purpose shall be procured by the county commissioners on
the order of the probate judge, at the expense of the county:
1. A criminal record, in which shall be made a fair and accurate entry of
all criminal actions instituted in the court, with the proceedings had therein.
2. An administration docket, showing the grant of letters of administra-
tion or letters testamentary, the name of the decedent, the amount of bond and
names of sureties therein, and containing a minute of the time of filing every
paper, and brief note of every order or proceeding relating to the estate, with
reference to the journal or record in which the order or proceeding is found.
3. A guardian's docket, showing the name of each ward, (and if an infant,
his age, and the name of his father,) the amount of bond and names of sureties
therein, and a minute of papers, orders and proceedings as in preceding clause.
336
§ 528.
PROBATE COURT.
Tit. IV, Ch. 6.
4. A civil docket, in which shall be noted the names of parties to all
actions and proceedings: it shall also contain a minute of the time of the
commencement of such actions and proceedings, and filing the papers relating
thereto, and also a brief note of all orders made in such action, proceeding, or
matter, and the time of entering the same.
5. A journal, in which shall be kept minutes of all official business trans-
acted in the probate court, or by the probate judge, in all civil actions and
/proceedings.
6. A record of wills, in which shall be recorded all wills proved in such
court, with a certificate of the probate thereof, and all wills proved elsewhere,
with the certificate of probate, authenticated copies of which have been admit-
ted to record by the court.
7. A final record, which shall contain a complete record in each cause or
matter of all petitions, answers, demurrers, motions, returns, reports, verdicts,
awards, orders, and judgments; which record shall be made up and completed
within ninety days after the final order or judgment has been made in any of
the matters aforesaid; and he shall also, within thirty days after the return of
the same, record all inventories, sale bills, and allowances to widows, in a book
provided for that purpose.
8. A record of accounts, which shall contain an entry of the appointment
of executors, administrators, and guardians, and all partial and final accounts
of the same, and the orders and proceedings of the courts thereon, within sixty
days after the filing and approval thereof.
9. An execution docket, in which shall be entered a memorandum of all
executions issued by the probate judge, both in civil and criminal cases,
stating the names of the parties, the name of the person to whom delivered,
and his return thereon: It shall also contain the date of issuing the execution,
and the amount ordered to be collected, stating the costs separately from the
fine or damages, and the payments thereon, and the satisfaction thereof, when
the same is satisfied.
10. A marriage record, in which shall be entered all licenses issued, the
names of the parties to whom, the name of the person or persons applying for
the same, with a brief statement of any facts sworn to by such person, and the
returns of the person solemnizing the marriage.
11. A record of bonds, in which shall be recorded all bonds of executors,
administrators, guardians, trustees, and assignees which have been taken and
approved by him.
12. A naturalization record, in which shall be entered the declaration of
intention of the person seeking to be naturalized, the oath of the person nat-
uralized, and the affidavit or oath of witnesses who may testify in his behalf, in
which affidavit shall be stated the place of residence of such witnesses. To
each of these books shall be attached an index securely bound in the vol-
ume, which shall at all times be kept up with the entries therein, and refer to
such entries, alphabetically, by the names of the parties or persons in which
it is originally entered, indicating the page of the book where the entry is
made. [51 v. 167, § 12 (11); 38 v. 146, § 244; 75 v. 9; 52 v. 103, § 8; S. & C.
1214; S. & C. 1218; S. & S. 612.]
No provision is here made for a daily memorandum or calendar of probate business; Commissioners v.
Millard, 4 O. D. 419; 4 N. P. 53; aff'd by C. C. on this opinion, 7 O. D. 115; 13 C. C. 518.
See note to Commissioners v. Millard, 4 N. P. 53; aff'd iù 13 C. C. 518, under 2 545, 1325, 4957.
For"
an act to require a public record of the names and amounts due unknown depos-
itors of banks," etc. (85 v. 65), see ? (3821—89) et seq.
SEC. 528a. [Records of probate court: how restored.] Whenever the
records, dockets, journals, and files, or any part thereof, of any probate court
have been lost or destroyed by fire, riot or civil commotion, the probate court
may, of its own motion, or upon the application of any party interested therein,
order the restoration of the record of every lost or destroyed will, and probate
337
Tit. IV, Ch. 6.
PROBATE COURT.
§§ 5286-530.
thereof, from the original or a certified copy of such will and probate, and all
lost or destroyed administration dockets, guardian dockets, trustee dockets,
journals of said court, records of bonds, and dockets of assignments and trus-
tees under the insolvent laws of the state; and said probate court may upon
the application of any party interested, and upon notice to parties interested
therein, order the restoration of any other record of any proceeding or docu-
ment required by law to be recorded or filed, (except a will and probate thereof,!
and for such purpose, when a complete copy of such record can not be obtained,
the substance and effect of such lost record material to the preservation of the
rights of the parties affected thereby may be ordered to be substituted for such
lost or destroyed record. And for the purpose herein provided the probate court
may issue a citation to any party to appear before the court, and to produce
any document or paper in his possession and give evidence relating to said lost.
record. [1884, April 12: 81 v. 159, 161.]
Purchase by Hamilton county of copies or abstracts of records of probate court, see
? (5339ƒ).
SEC. 528b. [Judge to make rules as to testimony, and appoint com-
missioner.] To enable the court to make such restoration of such lost
record, the judge of the probate court may make such rules and regulations
governing the proceedings for taking testimony and ascertaining the facts with
reference to the restoration of such lost or destroyed records as he may deem
necessary for that purpose, and if such records are lost by fire, riot or civil com-
motion, may appoint a commissioner to take testimony and report the same
and his findings thereon, in matters of restoration of such lost records, before
whom all such evidence shall be taken, unless upon the application of the par-
ties a reference shall be ordered to a special master commissioner, in which case
the costs of reference shall be paid by the parties. And such commissioner
appointed by the court shall be paid a salary of twenty-five hundred dollars
per annum and hold his office for one year from the date of his appointment.
[1884, April 12: 81 v. 159.]
SEC. 528c. [Costs: how paid.] The costs of restoring the records of the
probate court, except as herein otherwise provided, shall be paid out of the
county treasury, upon the order of the probate judge. [1884, April 12:
81 v. 159.]
Before
SEC. 529. [Bond: condition; shall be filed with treasurer.]
any probate judge enters upon the discharge of his duties, he shall give a bond
to the state, with sufficient security, to be approved by the board of county
commissioners of the proper county, or, in the absence of any two of the com-
missioners from the county, by the auditor and recorder of the proper county,
in any sum not less than five thousand dollars, to the effect that he will faith-
fully pay over all moneys that are by him received in his official capacity, that
he will enter and record all the orders, judgments, and proceedings of the court,
and faithfully and impartially perform all the duties of his office; which under-
taking, with his oath of office indorsed thereon, shall be deposited with the
county treasurer; and such additional undertaking may be required by the
county commissioners from the probate judge, from time to time, as the state
of business in his office renders necessary. [51 v. 167, § 6; S. & C. 1213.]
SEC. 530. [On probate judge taking his office he shall make all entries,
records, etc., omitted by his predecessor.] If, when a probate judge, whether
elected or appointed, enters upon the discharge of his duties, proper and
necessary entries and records of the business, or any portion thereof, transacted
in the court, during the continuance in office of any former judge thereof, had
not been made, as required by law, by the probate judge whose duty it was to
make such entries or records, the probate judge shall make, in the respective
books of his office, the proper records, entries, and indexes, so omitted by his
23
338
1
$531.
PROBATE COURT.
Tit. IV, Ch. 6.
predecessor or predecessors in office; and when so made, they shall have the
same validity, force, and effect, as though they had been made at the proper
time, as prescribed by law, and by the officer whose duty it was to make them;
and such probate judge shall sign all entries and records made by him, as afore-
said, as though such entries, proceedings, and records had been commenced,
prosecuted, determined, and made by or before him. [69 v. 160, § 1; 62 v. 33,
$2; 70 v. 85, § 1; S. & S. 628.]
SEC. 531. [Shall be paid from the county treasury for these services,
etc.] For all services performed under the next preceding section, in making
such records, entries, or indexes, the probate judge shall receive the same fees
as are allowed by law for like services; and in all cases when the fees allowed
by law for such services have been paid to any predecessor of such probate
judge, whose duty it was to make such entries, records, and indexes, such fees
shall be paid to the probate judge making them, out of the treasury of the
proper county, upon the order of the county auditor. [62 v. 33, § 3; 70 v. 85,
§ 1; S. & S. 628.]
SEC. 532. [Judge shall make sworn statement of services, etc.; there
upon prosecuting attorney shall bring suit against predecessor for same.]
On the completion of such services, the probate judge shall make out and cer-
tify to the county auditor a written statement of the same, the respective causes
or matters in which they have been rendered, the fees to which he is entitled
for them, that such fees have been paid to his predecessor, naming him, and
that he has received no compensation whatever for such services, or less than
full compensation therefor, which written statement shall be verified by the
affidavit of the person making it, and thereupon the auditor shall issue a war-
rant on the county treasurer for such sum as he finds to be due to such judge
for these services; and thereupon the prosecuting attorney of the county shall
bring suit on the official bond of the probate judge who has received the fees
for and failed to perform the duties aforesaid, for the purpose of recovering
back the money thus paid out of the county treasury, and when so collected,
shall pay the same into the treasury of such county. [62 v. 33, §§ 4, 5 ;
S. & S. 628.]
Probate judges are not entitled to compensation for this work: Swartz v. Comm'rs (Sup'r Ct.) 35 Bull. 275.
SEC. 533. [Custody of files, etc.; judge may act as clerk, or appoint
a deputy; oath of deputy: his powers, and bond.] Each judge shall have
the care and custody of all files, papers, books, and records belonging to the
probate office, and is authorized and empowered to perform the duties of clerk.
of his own court; and each probate judge may appoint a deputy clerk or
clerks, each of whom shall, before entering upon the duties of his appointment,
take an oath of office, and when so qualified, such deputy may perform any
all the duties appertaining to the office of clerk of the court; and each deputy
clerk is authorized to administer oaths in all cases in which it is necessary,
in the discharge of his duties as such deputy clerk: Each probate judge may
take such security from his deputy as he deems necessary to secure the faithful
performance of the duties of his appointment. [56 v. 169, § 10; S. & C. 1214.]
and
The deputy clerk has authority to administer oaths on applications for marriage licenses, touching the
merits of the application, and perjury may be assigned on such oaths: Warwick v. State, 25 O. S. 21.
The deputy clerk of the probate court may be a female: Ib.
Perjury can not be based on a false oath before a deputy who is holding over his term, but has not been
reappointed: Staight v. State, 39 O. S. 497.
See note to Commissioners v. Millard, 4 N. P. 53; aff'd by 13 C. C. 518; 7 O. D. 115, under ¿? 545, 1325,
4957. Cited Id.
(533—1) SEC. 1. [Arranging and preserving of certain pleadings,
etc., filed prior to Jan. 1, 1888.] The probate judge of each county may
cause to be assorted, arranged and preserved together all the pleadings, ac-
counts, vouchers and other papers on file in the probate court of such county,
in each estate, trust, assignment, guardianship or other proceeding, ex-parte or
adversary, begun or commenced prior to the first day of January, 1888, keeping
1.
339
Tit. IV. Ch. 6.
PROBATE COURT.
§ (533—2).
the said pleadings, accounts, vouchers and other papers in every other case or pro-
ceeding. And such papers so assorted and arranged shall be properly jacketed
and otherwise tied, fastened or held together, and be numbered, lettered or other-
wise marked in such manner that the same may be readily found and examined by
reference to proper memoranda upon the docket, record or index entries of such
cases, causes or proceedings, respectively, which memoranda shall be made, or
caused to be made, by said probate judge. Provided, however, that such plead-
ings, accounts, vouchers and other papers are not now so assorted, arranged
and preserved; and provided, further, that marriage certificates, birth and death
reports and similar papers shall be arranged and preserved together in each
class, in the order of their dates, or in the order in which the same are filed.
[93 v. 287.]
(533-2) SEC. 2. [Compensation of judge.] Such probate judge shall
be entitled to receive compensation for assorting, arranging, preserving and
marking said pleadings, accounts, vouchers and other papers, as required in
the preceding section, in such amount as may be allowed by the commissioners
of such county, not exceeding, however, the sum of twenty cents for each case
or cause so assorted, arranged, marked, and docketed, and not exceeding the
sum of one cent for each of said marriage certificates, birth and death reports,
and such similar papers so assorted and arranged. [93 v. 288.]
(533—3) SEC. 3. [Papers filed since Jan., 1888; no additional com-
pensation.] All pleadings, accounts, vouchers and other papers filed in such
court in causes, or proceedings begun or commenced after the first day of Jan-
uary, 1888, and all pleadings, accounts, vouchers and other papers which shall
be hereafter filed in such probate court in each estate, trust, assignment, guard-
ianship, or other proceeding, ex-parte or adversary, begun or commenced after
said first day of January, 1888, shall be kept together as provided in section 1
of this act, and, upon the final termination or settlement of each case, cause or
proceeding, shall be so preserved for future reference and examination, without
further compensation to such probate judge therefor. [93 v. 288.]
SEC. 534. [No probate judge or his clerk shall practice law; penalty
for violation of above; prosecuting attorney to proceed by information in
such case.] No judge of a probate court, or any deputy clerk employed by
him, or who is engaged in the business of such court as clerk thereof, shall,
during the term of his office, or employment, practice law, or be associated
with another as partner in the practice of law, in any of the courts or other
tribunals of this state; neither shall such judge or clerk prepare any petition
or answer, or make out any account which any executor, administrator, guard-
ian, or other person is required to present for the settlement of the estate com-
mitted to his care and management; nor appear as counsel or attorney before
any justice of the peace, or before any court or other judicial tribunal in the
state; nor shall such judge or deputy clerk make a record of any paper, receipt,
or voucher produced to verify any charge or credit in the account, filed or pre-
sented for settlement as aforesaid, unless the recording thereof is requested in
writing by the party making such settlement; but nothing contained in this
section shall prevent any probate judge or deputy clerk aforesaid from finish-
ing any business by him commenced prior to his election or appointment, not
connected with his official business; and if any judge of the probate court, or
any deputy clerk employed by him, willfully violates any provisions herein
prohibiting him from practicing law in any of the ways specified, such judge
or deputy clerk shall be fined in any sum not exceeding fifty dollars, and, upon
conviction thereof, shall be removed from office; and the prosecuting attorney
is hereby required to file his information against such judge or deputy clerk in
the court of common pleas, and proceed as upon indictment. [1880, April 12:
77 v. 183; Rev. Stat. 1880; 59 v. 19, §7; (S. & S. 627; S. & C. 1214).j
See 4562.
340
§§ 535-539.
PROBATE COURT.
Tit. IV, Ch. 6.
SEC. 535. [Administration, etc., when the probate judge is interested,
etc.] Letters testamentary, or of administration, or of guardianship, shall not
be issued to any person after his election to the office of probate judge and
before the expiration of his term of office; and if a probate judge is interested, as
heir, legatee, devisee, or in any other manner in any estate which would other-
wise be settled in the probate court of the county where he resides, such estate,
and all accounts of guardians in which the probate judge is interested, shall be
settled by the court of common pleas of such county; and in all such matters
and cases in which the probate judge is interested, the original papers shall be
by him forthwith certified to the court of common pleas; and in all other mat-
ters and proceedings, pending in any probate court, which would properly be
disposed of or decided therein, but in which the probate judge thereof is inter-
ested in any manner whatever, as attorney or otherwise, or in which he is
required to be a witness to a will, such probate judge shall, upon the motion
of a party interested in such proceedings, or upon his own motion, certify the
matters and proceedings to the court of common pleas, and he shall forth-
with file with the clerk of the court of common pleas, all original papers
connected with the proceedings, and the same shall be proceeded in and heard
and determined by the court of common pleas, at chambers, by any judge
thereof, or in open court, in the same manner as though that court had orig-
inal jurisdiction of the subject matter thereof, and upon the final decision of
the questions involved in such proceedings, or on the final settlement of the
estate in which the judge is interested as executor, administrator, or guardian,
by the court of common pleas, or whenever the interest of the probate judge
therein ceases, the clerk shall deliver all the original papers back to the probate
court, from which they came, and the clerk shall, also, make out an authenti-
cated transcript of the orders, judgments, and proceedings of the court therein,
and shall file the same in the probate court from which the papers came, and
the judge thereof shall record the same in the ordinary records of similar busi-
ness. [75 v. 9, § 1; (S. & C. 1214; S. & S. 626).]
Cited in Barr v. Chapman, 7 C. C. 364; Barr v. Closterman, 7 C. C. 371, 372; State ex rel. r. Archibald, 52
O. S. 1, 6.
SEC. 536. [Judges shall make rules of practice, and submit them to
the supreme court.] The several judges of the probate court shall make rules,
not inconsistent with the laws of the state, for regulating the practice and con-
ducting the business of the court, which they shall, when and as often as they
are made, submit to the supreme court; and the supreme court has power to
alter and amend all such rules, and to make other and further rules, from time
to time, for regulating the proceedings in all the probate courts of the state,
as they deem necessary, in order to introduce and maintain regularity and uni-
formity in the proceedings therein. [51 v. 167, § 14; S. & C. 1214.]
SEC. 537. [Shall observe the rules of common pleas so far as applica-
ble.] In the exercise of the jurisdiction conferred, the probate judge shall
have the same powers, perform the same duties, and be governed by the same
rules and regulations, as are provided by law for the courts of common pleas
and the judges thereof, in vacation, so far as the same are consistent with
laws in force. [51 v. 167, § 58; S. & C. 1217.]
See 2 6411 and notes; also R. R. v. O'Harra, 48 O. S. 343, 356; Doan v. Biteley, 49 O. S. 588, 597.
SEC. 538. [Power to punish contempt.] The probate judge shall have
power to keep order in his court, and to punish any contempt of his authority,
in like manner as such contempt might be punished in the court of common
pleas. [51 v. 167, § 59; S. & C. 1217.]
SEC. 539. [And to issue process, etc.] He shall issue all warrants,
attachments, and other process, and all notices, commissions, rules, and orders,
not contrary to law, that are necessary and proper to carry into effect the
powers granted to him. [51 v. 167, § 60; S. & C. 1217.]
See note to ? 538.
341
Tit. IV, Ch. 6.
PROBATE COURT.
§§ 540-544.
SEC. 540. [Duties of sheriff, coroner, and constables.] Sheriffs, dep-
uty sheriffs, coroners, and constables shall, when required by the probate judge,
attend his court, and shall serve and return all process directed to them by the
judge. [51 v. 167, § 61; S. & C. 1217.]
See ? 553.
SEC. 541. [Liability of sheriff, etc.] If a sheriff, coroner, or constable,
neglects or refuses to serve and return a process issued by a probate judge, and
to him directed and delivered, or neglects or refuses to pay over any moneys by
him collected to the probate judge, or any other person, when so directed by
such probate judge, he shall be subject to fine and amercement as in the next
section provided. [51 v. 167, § 17; S. & C. 1215.]
See ? 5594.
SEC. 542. [How proceeded against.] In the cases enumerated in the
preceding section, the probate judge shall issue a summons, directed to the
sheriff or other officer therein named, commanding him to summon the officer
guilty of such misconduct, to appear within two days after the service of such
summons, and show cause why he should not be amerced, specifying the cause
for such amercement; and in case of neglect or refusal to serve or return any
process issued by such probate judge, and directed and delivered to such officer,
if no sufficient excuse is shown, such officer shall be fined by the probate judge
in any sum not exceeding one hundred dollars, to be paid into the county
treasury; and he and his sureties shall moreover be liable upon his official
bond for all damages sustained by any person by reason of such misconduct;
and in case of refusal to pay over any moneys by him collected to the probate
judge or any other person, when so directed by such probate judge, he shall be
amerced for the use of the parties interested, in the amount by such process
required to be collected, together with ten per cent. thereon; and such probate
judge may enforce the collection thereof by execution or other process, or by
imprisonment, as for a contempt of court, or both; the delinquent officer and
his sureties shall, moreover, be liable on his official bond for the amount of
such amercement at the suit of the person or persons interested. [51 v. 167,
§ 18; S. & C. 1215.]
See ? 5594 et seq.
SEC. 543. [Contempt.] If any person neglects or refuses to perform any
order or judgment of a probate court other than for the payment of money,
he shall be deemed guilty of a contempt of court, and the probate judge shall
issue a summons directing him to appear before his court within two days from
the service thereof, and show cause why he should not be punished for his con-
tempt; or if it appear to such judge that he is secreting himself to avoid the
process of the court, or is about to leave the county for such purpose, the judge
may issue an attachment instead of the summons above mentioned, command-
ing the officer to whom the attachment is directed forthwith to bring such per-
son before such judge to answer for his contempt; and if no sufficient excuse
is shown, he shall be punished in the same manner as provided for the pun-
ishment of contempts in the court of common pleas. [51 v. 167, § 16; S. & C.
1215.]
See ?? 5639-5650.
As to the right of the probate judge to imprison for contempt in proceedings in aid of execution: White v.
Gates, 42 O. S. 111.
SEC. 544. [Executions.] Orders for the payment of money may be
enforced by execution or otherwise, in the same manner as judgments in the
court of common pleas; and all such executions shall be directed to the
sheriff, or, in his absence or disability, to the coroner. [51 v. 167, § 15; S. & C.
1215.]
342
SS 545-546.
PROBATE COURT.
Tit. IV, Ch. 6.
SEC. 545. [Fee bill, and report of fees.] Each probate judge shall, in
every case, examination, or proceeding, make out, file, and record an itemized
account of all fees by him received or charged therein; and on the first day of
September, in each year, he shall make out and file with the auditor of his
county an account, by him duly verified, of all fees by him charged or received
during the next preceding year, distinguishing between those paid and those
not paid; and if he fails or neglects to perform the duties in this section
imposed, he shall forfeit and pay, for each instance of such failure or neglect,
any sum not less than ten nor more than two hundred dollars, to be recovered
by action in the name of the state, which shall, at the instance of any person,
be instituted and prosecuted by the prosecuting attorney. [64 v. 42, §§ 1, 2, 3;
S. & S. 627.]
The book required to record these cost bills must be furnished by the county under 523, but the judge
cannot have fees for keeping such record: Commissioners v. Millard, 40. D. 419; 4 N. P. 53; aff'd on this op.
by C, C.; 7 O. D. 115; 13 C. Č. 518.
SEC. 546. [Fees of probate judge.] Each probate judge, in counties
which at the last preceding federal census had a population less than twenty-
two thousand five hundred, shall receive for services rendered, the follow-
ing prescribed fees, and no more: Docketing each case, to be charged but
once, four cents; entering the appearance of parties, to be charged but once,
eight cents in each case; taking affidavits, ten cents; issuing summons or other
writs under seal, twenty cents each; entering order to advertise, twenty cents;
filing any papers, except accounts current and vouchers of executors, admin-
istrators and guardians, four cents each; entering the return of any writ, four
cents; issuing a subpoena when there is but one witness named, ten cents,
and for every additional name, four cents; swearing each witness, three cents;
entering attendance of each witness, five cents; indexing each cause, eight
cents; entering judgment on journal, eight cents; recording general verdict,
eight cents; entering order on journal, eight cents; each one hundred words;
for transcribing judgment or orders on the docket, eight cents; entering
satisfaction of judgment or decree on record, eight cents; entering every
special rule, four cents; entering every continuance or dismissal, eight cents;
entering rule of reference, eight cents; and for a copy thereof, under seal,
twenty cents; entering notice of appeal, eight cents; making cost bill,
twenty-five cents, which shall be taxed but once; making up complete record
in cause, eight cents for each hundred words, but no complete record shall
be made in any case, except when the title of real estate is drawn in question,
the court may order the same, or either party may require it, at his own
cost; making out copies of records of any proceedings in a cause, when
required by either party or the law, with a seal annexed, eight cents for each
hundred words; entering an allowance of an injunction, certiorari or habeas
corpus, eight cents; issuing execution, twenty-five cents; docketing each exe-
cution issued, eight cents; issuing order of sale, twenty-five cents, and eight
cents for every hundred words said writ may contain over the first hundred;
recording returns on writs of execution and orders of sale, eight cents for each
hundred words; each certificate to which the seal of the court is required and not
herein provided for, thirty-five cents; probate of will and entry thereof, thirty
cents; issuing letters testamentary, or letters of administration or guardian-
ship, under seal of court, seventy-five cents; taking bond of executors, admin-
istrators or guardians, twenty-five cents; recording a bond, will, inventory,
sale bill, or settlement of executors, administrators or guardians, eight cents
for every hundred words; making out copies of wills, inventories, sale bills, set-
tlements, or rules of court ordered to be furnished by executors and guardians,
eight cents for each hundred words; entering the appointment of executors,
administrators, or guardians, or appraisers of property, ten cents: copy of order
to appraisers, ten cents; filing an account, warrant, and vouchers of an eyee-
343
Tit. IV, Ch. 6.
PROBATE COURT.
$546.
utor, administrator or guardian for settlement, and entering the same on
the minutes of the court, fifteen cents; entering order of settlements of same,
twelve cents; examining partial or final settlements of guardians, executors.
or administrators, seventy-five cents, each, where there are not more than
fifty vouchers to be examined, and if any account shall contain more than
fifty vouchers, the sum of two cents for each additional voucher so examined;
issuing citation to executors, administrators or guardians, twenty-five cents;
administering an oath when necessary, and issuing a marriage license and
filing and recording the certificate of marriage, seventy-five cents; giving notice
of time of settlement, eight cents; hearing application on behalf of idiots and
lunatics, one dollar and fifty cents; hearing application for the right of way of
railroads, plank roads and turnpikes, or road appeals, two dollars per day;
hearing and deciding application in contested cases on petition of admistra-
tors, guardians or executors to sell land, and petitions to convey, seventy-five
cents, to be taxed in each of the above cases in the bill of costs; holding exam-
ining courts, two dollars per day; hearing and determining applications on
habeas corpus in criminal cases, one dollar and fifty cents, to be paid out of
the county treasury; hearing and determining applications for habeas corpus
in civil cases, seventy-five cents; hearing and determining applications in con-
tested cases, one dollar and fifty cents, to be taxed in the bill of costs against
the unsuccessful party; for the registry of births and deaths, the sum of eight
cents for the registry of each birth and each death returned to his office, but
no other compensation for any indexing or recording, or any other service what-
ever that is necessary to complete the records or reports required.
Each probate judge in counties, which at the last federal census, had :.
population of twenty-two thousand five hundred or more, shall receive for
services rendered, the following prescribed fees, and no more: Docketing each
case, to be charged but once, three cents; entering the appearance of parties, to
be charged but once, eight cents in each case; taking affidavit, eight cents;
issuing summons or other writs under seal, twenty cents each; entering order
to advertise, fifteen cents; filing any papers, except accounts current and
vouchers of executors, administrators and guardians, four cents each; entering.
the return of any writ, three cents; issuing a subpoena when there is but one
witness named, eight cents, and for every additional name, three cents; swear-
ing each witness, three cents; entering attendance of each witness, five cents;
indexing each cause, eight cents; entering judgment on journal, eight cents;
recording general verdict, eight cents; entering order on journal, six cents;
cach one hundred words, for transcribing judgment or orders on the docket,
eight cents; entering satisfaction of judgment or decree on record, six cents;
entering every special rule, three cents; entering every continuance, or dis-
missal, eight cents; entering rule of reference, four cents, and for a copy
thereof, under seal, ten cents; entering notice of appeal, four cents; making
cost bill, twenty-five cents which shall be taxed but once; making up com-
plete record in cause, eight cents for each hundred words, but no complete
record shall be made in any case, except when the title of real estate is drawn
in question the court may order the same, or either party may require it at
his own cost; making out copies of records of any proceedings in a cause when
required by either party or the law, with a seal annexed, eight cents for each
hundred words; entering an allowance of an injunction, certiorari or habeas
corpus, six cents; issuing execution, ten cents; docketing each execution.
issued, six cents; issuing order of sale, twenty-five cents, and eight cents for
every hundred words said writ may contain over the first hundred; recording
returns on writs of execution and orders of sale, eight cents for each hundred
words; each certificate to which the seal of the court is required, and not
herein provided for, thirty-five cents; probate of will and entry thereof, twenty-
five cents issuing letters testamentary or letters of administration, or guardian-
344
§§ 546a-548.
PROBATE COURT.
Tit. IV, Ch. 6.
ship, under seal of court, seventy-five cents; taking bond of executors, admin-
istrators or guardians, twenty-five cents; recording a bond, will, inventory, sale
bill or settlement of executors, administrators or guardians, eight cents for
every hundred words; making out copies of wills, inventories, sale bills, settle-
ments or rules of court, ordered to be furnished by executors and guardians,
eight cents for each hundred words; entering the appointment of executors,
administrators or guardians, or appraisers of property, eight cents; copy of
order to appraisers, eight cents; filing an account, warrant and vouchers of an
executor, administrator, or guardian for settlement and entering the same on
the minutes of the court, fifteen cents; entering order of settlement of same,
ten cents; examining partial or final settlements of guardians, executors or ad-
ministrators, sixty-five cents each, where there are not more than fifty vouchers
to be examined, and if any account shall contain more than fifty vouchers, the
sum of two cents for each additional voucher so examined; issuing citation to
executors, administrators or guardians, twenty cents; administering an oath
when necessary, and issuing a marriage license and filing and recording the cer-
tificate of marriage, seventy-five cents; giving notice of time of settlement,
eight cents; hearing application on behalf of idiots and lunatics, one dollar
and fifty cents; hearing application for the right of way of railroads, plank
roads and turnpikes or road appeals, one dollar per day; hearing and deciding
application in contested cases on petition of administrators, guardians or execu-
tors, to sell land, and petitions to convey, seventy-five cents, to be taxed in each
of the above cases in bill of costs; holding examining courts, one dollar and fifty
cents per day; hearing and determining application on habeas corpus in crimi-
nal cases, one dollar, to be paid out of the county treasury; hearing and deter-
mining application for habeas corpus in civil cases, fifty cents; hearing and de-
termining applications in contested cases, one dollar, to be taxed in the bill of
costs against the unsuccessful party; for the registry of births and deaths, the
sum of eight cents for the registry of each birth, and each death returned to his
office, but no other compensation for any indexing or recording, or any other
service whatever that is necessary to complete the records or reports required.
[90 v. 104; 88 v. 574; 73 v. 127, §§ 1, 2; 76 v. 117, § 13; (S. & Č. 626.)]
(6
For an act relating to the duties and compensation of certain county officers and
(86 v.
their assistants, in counties containing a city of the second grade of the first class"
264), see ? (1355-1) et seq.
For compensation of county officers in Hamilton county, see? 1341 et seq.
No record shall be made up of any case not involving the title to real estate unless when: Commission-
ers v. Millard, 4 N. P. 53; 4 O. D. 419; aff'd 13 C. C. 518; 7 Õ. D. 115.
No fees are provided for keeping a record of cost bills: Commissioners v. Millard, cited under 2 545.
SEC. 546a. [Salaries of deputies, etc. 89 v. 384; 88 v. 574; repealed, see
90 v. 113, § 8.]
SEC. 547. [Same fees as in common pleas, for services not herein pro-
vided for.] For any other services not herein provided for, the same fees shall
be allowed as for similar services in the court of common pleas of the same
county. [90 v. 108; 89 v. 385; 88 v. 576; 73 v. 127, § 3; 76 v. 117, § 14; (S. &
C. 627).]
Sections 546 and 547 are not to apply to Hamilton and Cuyahoga counties, see 90 v.
113, ¿ 7.
See note to Commissioners v. Millard, 4 N. P. 53; 4 O. D. 419; aff'd in 13 C. C. 518; 7 O. D. 115, under 22 545,
1325, 4957.
SEC. 548. [Costs in criminal proceedings; duty in pension cases.]
The costs in all criminal proceedings taxed and adjudged in favor of the state
shall, when collected by the probate judge, be paid by him into the county
treasury; and he shall administer oaths, and make certificates in pensions and
bounty cases, without compensation. [73 v. 127, § 4; (76 v. 122, § 15); (S. &
C. 627).]
345
Tit. IV, Ch. 6a.
COURTS OF INSOLVENCY.
§ (548—1).
SECTION
Seal; process.
CHAPTER 6a.
COURTS OF INSOLVENCY.
Sheriffs, etc., shall attend and execute
SECTION
IN CUYAHOGA COUNTY.
548-17. Court constituted in Cuyahoga County.
548-18. First election; term; vacancy.
548-19.
Bond.
548-20. Seal; process.
548-21. Sheriffs, etc., shall attend and execute
548-1.
548-2.
IN HAMILTON COUNTY.
Court constituted in Hamilton county.
First election; term; vacancy.
548-3.
Bond.
548-4.
548-5.
548--6.
Office for.
548-22.
Office for.
548-7.
Judge to be clerk and appoint deputy
clerks.
548-23.
548-8.
Terms; adjournments.
548-24.
548-9.
548-25.
process.
Jurisdiction, transfer of assignments from
probate court; rules of probate and com-
mon pleas courts apply.
548-10. Transfer of other cases.
548-11. Power to vacate own judgments, make
rules, appoint referees, etc., and direct
proceedings.
548-12. Practice, acts apply to.
548-13. Appeal and error.
548-14. May act in absence of probate judge.
548-15. Probate judge may act in his absence.
548-16. Fees and account thereof.
process.
Judge to be clerk and appoint deputy
clerks.
Terms; adjournments.
Jurisdiction; transfer of assignments, ap-
propriation, etc., cases from probate
court; same rules apply.
548-25a. Additional jurisdiction.
548-26.
548-27.
Transfer of other cases.
Power to vacate own judgments, make
rules, appoint referees, etc., and direct
proceedings.
548-28. Practice, acts apply to.
548-29. Appeal and error.
548-30. May act in absence of probate judge.
548-31. Probate judge may act in his absence.
548-32. Fees and account thereof.
See cases under head of probate court, ?? 524 et seq.
May appoint court constables, see 2553.
COURT OF INSOLVENCY-HAMILTON COUNTY.
This act is constitutional. The election must take place on the day named, though the general elections
are a week earlier; State ex rel. v. Archibald, 52 O. S. 1.
(548-1) [Court constituted in Hamilton Co.] There shall be, and
hereby is established in any county of this state, containing any city of the
first grade of the first class, a court of record, which shall be styled "the court
of insolvency." It shall consist of one judge, who shall be elected by the
electors of such county. [91 v. 844]
(548-2) [First election; term; vacancy.] The first election for such
judge shall be held on the first Tuesday after the second Monday in November,
A. D. 1894, and shall be conducted in the same manner and governed by the
same laws that are now in force or may hereinafter be enacted regulating the
election of judges in this state. His term of office shall commence on the ninth
day of February, A. D. 1895, and shall continue for the term of five years, and
a successor shall be elected on the first Tuesday after the first Monday in No-
vember, A. D. 1899, and every five years thereafter. And in case the office of
any judge shall become vacant before the expiration of the regular term for
which he shall have been elected, the vacancy shall be filled by appointment
of the governor until the office shall be filled by a successor duly elected and
qualified. And in case a successor shall not have been previously elected, such
successor shall be elected on the first Tuesday after the first Monday in Novem-
ber that next occurs more than thirty days after the vacancy shall have hap-
pened. [92 v. 586; 91 v. 844.]
(548-3) [Bond.] Said judge when elected shall give a like bond and
be qualified and shall receive the same compensation as the judge of the pro-
bate court of said county wherein such courts of insolvency are established,
and shall be paid out of the county treasury on the warrant of the county
auditor, in quarterly installments. The bond of said judge shall be in the
sum of five thousand dollars, and shall be approved by the commissioners of
said county, and deposited with the county treasurer thereof. [92 v. 586; 91
v. 844.]
346
$ (548-4).
COURTS OF INSOLVENCY.
Tit. IV, Ch. 6a.
(548-4) [Seal; process.] The said court shall have a seal to be pro-
vided by the secretary of state at the expense of the state of Ohio, having the
same device as the seal of the probate court, except that there shall be around
the margin thereof the words, "Court of Insolvency, -County," instead
of the words, "Probate Court,- -County." The process of said court of in-
solvency shall have the seal affixed and shall be attested and directed, served
and returned and be in form as is or may be provided for the process of the
probate court varying only in the style of the court and to conform as far as
may be necessary to its terms. [91 v. 844.]
(548-5) [Sheriffs, etc., shall attend and execute process.] Sheriffs,
coroners and constables shall be bound to attend said court, preserve order, and
execute the return of its process as they are required to do in the probate court,
and all laws now in force, or which may be enacted, prescribing the duties and
liabilities of such officers and the mode of proceeding against them, or either
of them, for any neglect of official duty, allowing fees and providing for the
collection thereof in the probate court, shall be held and deemed to extend to
said court of insolvency, unless the same are, or shall be, plainly inapplicable.
[91 v. 844.]
(548-6) [Office for.] The said court of insolvency shall be held at the
court-house of the county wherein such court is established, and the board of
county commissioners of such county are hereby directed to make all necessary
provisions for the holding of said court. [91 v. 844.]
(548-7) [Judge to be clerk and appoint deputy clerk.] Each judge
shall have the care and custody of all files, papers, books and records belong-
ing to the court of insolvency, and is authorized and empowered to perform
all duties as clerk of his own court, and each judge may appoint a deputy
clerk or clerks, each of whom shall, before entering upon the duties of his
appointment, take an oath of office; and when so qualified, each deputy may
perform any and all the duties pertaining to the office of clerk of the court,
and each deputy clerk is authorized to administer oaths in all cases in which
it is necessary in the discharge of his duties as such deputy clerk. Each judge
of said court may take such security from his deputy as he deems necessary to
secure the faithful performance of the duties of his appointment. [91 v. 844.]
(548-8) [Adjournments.] The terms of said court shall be considered
as three terms of four months each, beginning on the first day of January of
each year.
The judge of said court may dispense with any term of said court,
adjourn the same on any day previous to the expiration of the term for which
the same may be held, and also from any one day in the term over to any
other day in the same term, if in his opinion the business of the court will
admit thereof. [91 v. 844.]
(548-9) [Jurisdiction, transfer of assignments from probate court;
rules of probate and common pleas courts apply.] The said court of insol-
vency shall have original and exclusive jurisdiction in all cases, matters and
things relating to and arising under the laws now in force or hereafter enacted,
regulating the mode of administering assignments in trust for the benefit of
creditors; also in all cases for the appointment of receivers for insolvent corpo-
rations, and actions for the dissolution of insolvent corporations; also in all
actions relating to injunctions in regard to the collection of taxes or assess-
ments, or to recover back taxes which have been illegally paid, also in all
actions in replevin brought against an assignee for the benefit of creditors, or
for the recovery of assets assigned to an assignee for the benefit of creditors, also
in all actions brought under sections 6352 and 6353 of the Revised Statutes of
Ohio; to enforce claims which have been disallowed by the assignee for the
benefit of creditors; and shall in every respect have the same jurisdiction,
possess the same powers, and discharge the same duties, and incur the same
penalties as are now or may hereafter be enforced or enjoined by the constitu-
347
Tit. IV, Ch. 6a.
COURTS OF INSOLVENCY.
§ (548-10).
tion and laws of the state upon the judge of the probate court; and the judge
of the probate court of the county wherein such court of insolvency is estab-
lished, is hereby authorized to transfer to the court of insolvency any and all
cases now pending in such probate court, arising under the act or acts now in
force regulating the mode of administering assignments in trust for the ben-
efit of creditors, the same to be there proceeded in as if the same had been orig-
inally commenced in said court, having regard for the former proceedings
therein, and the costs before accrued in the final record as may be right and
proper. And when the cause is transferred from the probate court as aforesaid,
the clerk of the probate court shall enter such transfer on his docket, and from
thenceforth the said cause shall not be considered in said court. And all laws
now in force, or that may be hereafter enacted, regulating the mode and man-
ner of proceeding in such cases by the probate court, or common pleas court
shall be held and deemed to extend to the said court of insolvency, and the
said court of insolvency shall have like jurisdiction and power in all of the
above matters and actions as are now by law or may hereafter be by law con-
ferred on probate courts or common pleas courts in like matters or actions.
[93 v. 669; 91 v. 844.]
Jurisdiction of supreme court for error in judgment rendered or final order made as to
construction of jurisdiction of any court of this state, see ? 6710.
The court of insolvency has no jurisdiction to hear an attack upon an assignment based upon facts prior
to the filing of the deed of assignment. In re assinginent Consumers' Ice & Refrigerating Co., 4 N. P. 172; 6
O. D. 132.
The court of insolvency has no jurisdiction in a proceeding to set aside a conveyance to hinder, delay
or defraud creditors: Benedict et al. v. Market Nat. Balik et al., 4 Ñ. P. 231 ; 6 O. D. 320.
(548-10) [Transfer of other cases.] Whenever in the opinion of the
judge of the probate court of the county wherein such court of insolvency is
established, the business of the probate court shall require the same, said judge
of the probate court is hereby authorized to certify and transfer unto the court
of insolvency any other case or cases, now or hereafter pending in said probate
court, which said case or cases shall thenceforth be considered in said court of
insolvency and be there proceeded in as if the same had been originally com-
menced in that court, having regard to the former proceedings and the costs
before accrued in the final record, as may be right and proper; and when such
case is removed from the probate court as aforesaid, the clerk of said probate
court shall enter such removal on his docket and from thenceforth the said
case shall not be considered in that court, and all laws now in force or here-
after enacted, regulating the mode and manner of procedure in such cases by
the probate court, shall be held and deemed to extend to said court of insol-
vency, unless the same are, or shall be, plainly inapplicable. [91 v. 844.]
(548-11) [Power to vacate, etc., own judgments, make rules, appoint
referees, etc., and direct proceedings.] The said court of insolvency shall
have the same power to vacate and modify its own judgments or orders during
or after the term, as is or may be vested by law in the probate court, and shall
also have full power to make rules and regulations for practice therein; to
appoint masters and referees and other officers necessary to facilitate its busi-
ness; to direct as to the mode of proceeding by or before said officers and to
tax costs. [91 v. 844.]
(548-12) [Practice acts apply to.] All laws now in force or which
may hereafter be enacted, conferring powers, authority and jurisdiction in cases
and proceedings upon the probate court of any county, in which said court of
insolvency is established, giving them power to hear and determine cases and
to preserve order and punish contempt, regulating their practice and forms of
process, prescribing the force and effect of their judgments, orders or decrees,
and authorizing or directing the execution thereof, shall be held and deemed
to extend to said court of insolvency as fully as they extend to the probate
court, unless the same be inconsistent with this act or plainly inapplicable.
[ v. 844.]
348
§ (548—13).
COURTS OF INSOLVENCY.
Tit. IV, Ch. 6a.
(548-13) [Appeal and error.] Appeals and error may be prosecuted from
any judgment, order or decree rendered by the court of insolvency in any action
or matter provided for in section 9 above stated to the circuit court of such
county, and all laws now or hereafter enacted regulating the mode and manner
of appeals and error from any judgment, order or decree rendered by the court
of common pleas, shall be held and deemed to extend to said court of insol-
vency. [93 v. 670; 91 v. 844.]
(548-14) [May act in absence of probate judge.] That in case of
the absence or disability of the judge of the probate court of the county
wherein such court of insolvency is established, the said court may be held by
the judge of the court of insolvency of the county wherein such court is estab-
lished. [91 v. 844.]
(548-15) [Probate judge may act in his absence.] That in case of
the absence or disability of the judge of the court of insolvency, the said court
may be held by the judge of the probate court wherein such court of insol-
vency is established. [91 v. 844.]
(548-16) [Fees and account thereof.] All laws now in force or here-
after enacted, regulating the fees of the probate court and the mode and
manner of making out, filing and recording an itemized account of all fees
received by the probate court, shall be held and deemed to be applicable to said
court of insolvency. [91 v. 844.]
IN CUYAHOGA COUNTY.
(548-17) [Court constituted in Cuyahoga Co.] There shall be, and
is hereby established in any county of this state, containing any city of the
second grade of the first class, a court of record, which shall be styled "the
court of insolvency." It shall consist of one judge, who shall be elected by
the electors of such county. [92 v. 475.]
(548-18) [First election; term; vacancy.] The first election for such
judge shall be held on the first Tuesday after the first Monday in November,
A. D. 1896, and shall be conducted in the same manner and governed by the
same laws that are now in force or may hereafter be enacted regulating the
election of judges in this state. His term of office shall commence on the
ninth day of February, A. D. 1897, and shall continue for the term of five
years, and a successor shall be elected on the first Tuesday after the first Mon-
day in November, A. D. 1901, and every five years thereafter. And in case
the office of any judge shall become vacant before the expiration of the regu-
lar term for which he shall have been elected, the vacancy shall be filled by
appointment of the governor, until the office shall be filled by a successor
duly elected and qualified. And in case a successor shall not have been pre-
viously elected, such successor shall be elected on the first Tuesday after the
first Monday in November that next occurs more than thirty days after the
vacancy shall have happened. [92 v. 475.]
(548-19) [Bond.] Said judge when elected shall give a like bond
and be qualified, and shall receive the same compensation and be paid in like
manner as the judge of the probate court of said county wherein such courts
of insolvency are established. The bond of said judge shall be in the sum of
five thousand dollars ($5,000), and shall be approved by the commissioners of
said county and deposited with the county treasurer thereof. [92 v. 475.]
(548-20) [Seal; process.] The said court shall have a seal to be pro-
vided by the secretary of state, at the expense of the state of Ohio, having the
same device as the seal of the probate court, except that there shall be around
the margin thereof the words, "court of insolvency.
county," instead
of the words, "probate court.
county." The process of said court of
insolvency shall have the seal affixed and shall be attested and directed, served
•
•
349
Tit. IV, Ch. 6a.
COURTS OF INSOLVENCY.
§ (548—21).
and returned and be in form as is or may be provided for the process of the
probate court varying only in the style of the court and to conform as far as
may be necessary to its terms. [92 v. 475.]
(548-21) [Sheriffs, etc., shall attend and execute process.] Sheriffs,
coroners and constables shall be bound to attend said court, preserve order,
and execute the return of its process as they are required to do in the pro-
bate court, and all laws now in force, or which may be enacted, prescribing the
duties and liabilities of such officers and the mode of proceeding against them,
or either of them, for any neglect of official duty, allowing fees and providing
for the collection thereof in the probate court, shall be held and deemed to ex-
tend to said court of insolvency, unless the same are, or shall be, plainly inap-
plicable. [92 v. 475.]
(548-22) [Office for.] The said court of insolvency shall be held at
the court-house of the county wherein such court is established, and the board
of county commissioners of such county are hereby directed to make all nec-
essary provisions for the holding of said court. [92 v. 475.]
(548-23) [Judge to be clerk and appoint deputy clerk.] Each judge
shall have the care and custody of all files, papers, books and records belonging
to the court of insolvency, and is authorized and empowered to perform all
duties as clerk of his own court, and each judge may appoint a deputy clerk
or clerks, each of whom shall, before entering upon the duties of his appoint-
ment, take an oath of office; and when so qualified, each deputy may perform
any and all the duties pertaining to the office of clerk of the court, and each
deputy clerk is authorized to administer oaths in all cases in which it is nec-
essary in the discharge of his duties as such deputy clerk. Each judge of said
court may take such security from his deputy as he deems necessary to secure
the faithful performance of the duties of his appointment. [92 v. 475.]
(548-24) [Terms; adjournments.] The terms of said court shall be
considered as three terms of four months each, beginning on the first day of
January of each year. The judge of said court may dispense with any term
of said court, adjourn the same on any day previous to the expiration of the
term for which the same may be held, and also from any one day in the term
over to any other day in the same term, if in his opinion the business of the
court will admit thereof. [92 v. 475.]
(548-25) [Jurisdiction; transfer of assignments, appropriation, etc.;
cases from probate court; same rules apply.] The said court of insolvency
shall have original jurisdiction in all cases, matters and things relating to and
arising under the laws now in force or hereafter enacted regulating the mode
of administering assignments in trust for the benefit of creditors, and the ap-
propriation of land for public use, and for the assessment of damages occa-
sioned by a public improvement, and shall in every respect have the same
jurisdiction, possess the same powers, discharge the same duties, and incur
the same penalties as are now or may hereafter be enforced or enjoined by the
constitution and laws of the state, upon the judge of the probate court; and
the judge of the probate court of the county wherein such court of insolvency
is established, is hereby authorized to transfer to the court of insolvency any
and all cases now pending in such probate court, arising under the acts now
in force regulating the mode of administering assignments in trust for the
benefit of creditors, and the appropriation of land for public use and for the
assessment of damages occasioned by a public improvement; the same to be
there proceeded in as if the same had been originally commenced in said court,
having regard to the former proceedings therein, and the costs before accrued
in the final record, as may be right and proper. And when such cause is
transferred from the probate court as aforesaid, the clerk of the probate court
350
$ (548-25a).
COURTS OF INSOLVENCY.
Tit. IV, Ch. 6a.
shall enter such transfer on his docket and from thenceforth the said cause shall
not be considered in said court. And all laws now in force or that may be
hereafter enacted, regulating the mode and manner of proceeding in such
cases by the probate court, shall be held and deemed to extend to the said
court of insolvency. [92 v. 475.]
See notes to In re assignment Consumers Ice & Refrigerating Co., 4 N. P. 172; 6 O. D. 132; and Benedict
et al. v. Market Nat. Bank et al., 4 N. P. 231; 6 O. D. 320, under έ (548–10).
(548–25a) SEC. 1. [Additional jurisdiction.] In every county contain-
ing any city of the second grade of the first class wherein a court of insolvency
is established, said court shall have original jurisdiction of appeals from the
decisions of justices of the peace, including error thereto, and also certification
of proceedings by said justices of the peace in all civil cases, as fully and com-
pletely in every respect as is now possessed by the court of common pleas; pro-
vided that litigants shall have as heretofore the same right of appeal and error
from the court of insolvency to the circuit court as is allowed now by appeal
and error proceedings in similar cases from the common pleas to the circuit
court. And any judge of the court of common pleas of the county wherein
such court of insolvency is established, is hereby authorized to transfer to the
court of insolvency any of the actions and proceedings aforesaid, now or here-
after pending in said common pleas court; the same to be there proceeded in
as if the same had been originally commenced in said court of insolvency,
having regard to the former proceedings therein, and the costs before accrued
in the final record as may be right and proper. And when any cause is trans-
ferred from the court of common pleas as aforesaid, the clerk of the common
pleas court shall enter such transfer on his docket, and from thenceforth the
said cause shall not be considered in said court. And all laws now in force, or
that may be hereafter enacted, regulating the mode and manner of proceeding
in such cases by the common pleas court, shall be held and deemed to extend
to the court of insolvency. [93 v. 464.]
(548-26) [Transfer of other cases.] Whenever in the opinion of the
judge of the probate court of the county wherein such court of insolvency is
established, the business of the probate court shall require the same, said
judge of the probate court is hereby authorized to certify and transfer unto the
court of insolvency any other case or cases, now or hereafter pending in said
probate court, which said case or cases shall thenceforth be considered in said
court of insolvency and be there proceeded in as if the same had been origi-
nally commenced in that court, having regard to the former proceedings and
the costs before accrued in the final record, as may be right and proper; and
when such case is removed from the probate court as aforesaid, the clerk of
said probate court shall enter such removal on his docket and from thenceforth
the said case shall not be considered in that court, and all laws now in force
or hereafter enacted, regulating the mode and manner of procedure in such
cases by the probate court, shall be held and deemed to extend to said court of
insolvency, unless the same are, or shall be, plainly inapplicable. [92 v. 475.]
(548-27) [Power to vacate its own judgments, make rules; appoint
referees, etc., and direct proceedings.] The said court of insolvency shall
have the same power to vacate and modify its own judgments or orders during
or after the term, as is or may be vested by law in the probate court, and shall
also have full power to make rules and regulations for practice therein; to ap-
point masters and referees and other officers necessary to facilitate its business,
to direct as to the mode of proceeding by or before said officers and to tax
costs. (92 v. 475.]
(548-28) [Practice acts apply to.] All laws now in force or which
may hereafter be enacted, conferring powers, authority and jurisdiction in
cases and proceedings upon the probate court of any county, in which said
court of insolvency is established, giving them power to hear and determine
351
Tit. IV, Ch. 6a.
COURTS OF INSOLVENCY.
§§ (548—29).
cases and to preserve order and punish contempt, regulating their practice and
forms of process, prescribing the force and effect of their judgments, orders or
decrees, and authorizing or directing the execution thereof, shall be held and
deemed to extend to said court of insolvency as fully as they extend to the
probate court, unless the same be inconsistent with this act or plainly inap-
plicable. [92 v. 475.]
(548-29) [Appeal and error.] All laws now or hereafter enacted, regu-
lating the mode and manner of appeals and error from any judgment, order or
decree rendered by the probate court, shall be held and deemed to extend to
said court of insolvency. [92 v. 475.]
(548–30) [May act in absence of probate judge.] That in case of the
absence or disability of the judge of the probate court of the county wherein
such court of insolvency is established, the said court may be held by the judge
of the court of insolvency of the county wherein such court is established. [92
v. 475.]
(548–31) [Probate judge may act in his absence.] That in case of
the absence or disability of the judge of the court of insolvency, the said court
may be held by the judge of the probate court wherein such court of insolv-
ency is established. [92 v. 475.]
(548-32) [Fees and account thereof.] All laws now in force or here-
after enacted, regulating the fees of the probate court and the mode and man-
ner of making out, filing and recording an itemtized account of all fees re-
ceived by the probate court, shall be held and deemed to be applicable to said
court of insolvency. [92 v. 475.]
2
352
$$ 549-550.
PROVISIONS FOR COURTS OF RECORD. Tit. IV, Ch. 7.
SECTION.
CHAPTER 7
PROVISIONS APPLICABLE TO TWO OR MORE COURTS.
549. Supreme or circuit courts may remand its judgments
or decrees, etc.
550. Change of venue in common plers court when judge
is disqualified to sit.
551. [Repealed.]
552.
Repealed.]
553. Court constables: duties and compensation.
554. Prolongation of terms in Hamilton county and
arrangement of business.
555. Transmittal of commissions to judges of courts
superior to probate courts, etc.; oath of office
to be taken.
556. Vacation of office of judge upon his failure to
return certificate of oath of office.
SECTION
557. The removal of any such judge without his
local jurisdiction to be considered as a resig-
nation.
557-1. Court must render decision within what
time.
557-2.
This applies to referees, etc., and to motions
affecting their report.
557-3.
Rules of supreme court not affected by
above.
557-4.
557-5.
Court calendars and notices in law journals.
Fees for publication.
557-6. Removal of causes to federal court.
557-7. How compelled if refused.
Judicial fund created in Hamilton county, see ? (2824—2).
Judicial fund created in Madison county, 92 v. 512.
Judicial fund created in Montgomery county, 92 v. 685.
Judicial fund created in Ross county, 92 v. 516.
Court and election fund created in Green county, 93 v. 592.
SEC. 549. [Supreme or circuit courts may remand its judgments or
decrees, etc.] The supreme court or the circuit court may remand its final
decrees, judgments, or orders, in cases brought before it on error or appeal, to
the court below, for the specific or general execution thereof, as the case may
require, and may also remand causes which so come before it to the inferior
courts for further proceedings therein. [1885, February 7: 82 v. 16, 24; Rev.
Stat. 1880; 51 v. 478, § 4; (S. & C. 383).]
See ?? 5239, 6725.
For "an act to provide for the appointment by courts of record of trustees to receive,
hold, and manage funds belonging to unknown or non-resident parties, and for the pro-
tection of those who pay to such trustees" (84 v. 232), see ? (6327—1) et seq.
Where an official bond is required by law to be given to the court of common pleas, question whether an
action on it can be maintained in the court of common pleas: Court of Common Pleas v. Sergeant, W. 482.
Where a decree was rendered in the district court on appeal, in a case for equitable partition settling
the rights of the parties respectively in the land, and ordering partition to be made, the remanding of the
cause to the court of common pleas for execution of the order of partition will not have the effect of prolong-
ing the time within which proceeding in error to reverse the decree must be commenced: Hinde v. Whit-
ney, 31 O. S. 53.
As to stay of execution of an order remanding a cause for further proceedings upon the reversal of a
judgment of an inferior court, see Building Association v. Insurance Co., 34 O. S. 291.
SEC. 550. [Change of venue in common pleas court when judge is
disqualified to sit.] When a judge of the common pleas court is interested in
any cause or matter pending before the court in any county of his district, or
is related to, or has a bias or prejudice either for or against, either or any party
to such clause, or is otherwise disqualified to sit in such cause or matter, and
there is no other judge in the same subdivision who is not so disqualified, on
the filing of an affidavit of either or any party to such cause or matter, or of
his or her counsel, setting forth the fact of such interest, bias, prejudice or
disqualification, the clerk of the court shall enter the fact of the filing of such
affidavit on the trial docket in such case, and forthwith notify the supervising
judge, or if he be disqualified as aforesaid, a judge of some other subdivision
who is qualified, of the district, who shall proceed in the same manner as pro-
vided in section four hundred and sixty-nine of the Revised Statutes of Ohio, to
designate and assign some other judge of the district not so as aforesaid dis-
qualified, to hold the court and try the cause where the same is pending; and
it shall thereupon be the duty of the judge so assigned to proceed and try such
cause. [1889, April 15: 86 v. 363; 85 v. 267; 84 v. 129; 82 v. 16, 24; Rev.
Stat. 1880; 57 v. 5, § 1; (S. & C. 387).]
As to circuit court, see 2453.
353
Tit. IV, Ch. 7. PROVISIONS FOR COURTS OF RECORD.
$$ 551-554.
Under ¿ 68 of the act of February 18, 1824 (2 Chase 1271), when a cause was certified to the supreme court
from the common pleas, upon account of the interest of the judges, the facts upon which the interest arose
had to be set out in the certificate: Knaggs v. Conant, 2 O. 26; the judges were not disqualified by interest to
try a cause where the commissioners were parties, and money the subject of controversy: Commissioners of
Clermont Co. v. Lytle, 3 O. 289.
An application to redeem lands sold for taxes might have been so certified if the judges were interested:
Rawson v. Boughton, and Turner v. Boughton, 5 O. 328; but not the proof of a will: Hunter's Will, 6 O. 499.
Where two of the judges were stockholders in a railroad company, and that fact appears on the record,
and the landholder does not waive the objection, the order of the court appointing appraisers in appropria-,
tion proceedings will be reversed: Gregory v. C. C. & C. R. R. Co., 4 O. S. 675.
Section 550 of the Revised Statutes does not require the clerk of the court of common pleas of a county
to certify a cause pending in said court to an adjoining county of another subdivision for trial because of the
fact that the only judge residing in the judicial subdivision, composed in part by such county, was formerly
of counsel in the cause. The interest which requires the removal of a cause is a pecuniary interest of the
judge in the event or result of the trial. Rawson v. Boughton, 5 O. 328, distinguished: State ex rel. v. Winget,
37 O. S. 153.
Where the required affidavit is filed with the clerk, his duties are ministerial, and not judicial; and
should he refuse, he may be compelled by mandamus: State v. Shaw, 43 O. S. 324.
The clerk can not set up as a defense of his refusal, and have tried in such case, a denial of the fact of
affiant's statement that the judge of the court was interested: Ib. McIlvaine, C. J. and Owen, J. dissent.
This section does not apply to a pending action where the state of facts, constituting the ground of
removal, existed at the adoption of the statute: State ex rel. Construction Co. v. Rabbitts, 46 O. S. 178.
Filing the affidavit of prejudice enters appearance: Howe v. Seiberling, 2 N. P. 8; 20. D. 51.
After the affidavit of prejudice is filed the judge has nothing further to do with the case: State v. Wolle,
11 C. C. 591; 2 O. D. 245.
SEC. 551. [Repealed 1889, April 15: 86 v. 363. Former statutes: 82 v. 16,
25; Rev. Stat. 1880; 50 v. 67, § 17.]
SEC. 552. [Repealed 1889, April 15: 86 v. 363. Former statutes: 82 v. 16,
25; Rev. Stat. 1880; 54 v. 21.]
SEC. 553. [Court constables; duties and compensation.] The court
of common pleas and circuit court in any county, and the superior court in
any city or county, and the insolvency court and probate court in any county
containing a city of the first class, (except fourth grade), and of the first grade
of the second class, may each appoint one or more constables to preserve order
and discharge other duties as the court requires; and in any county containing
a city of the second grade of the second class, the constables so appointed by
the court of common pleas shall perform the same duties in the probate court;
and each constable, when so directed by the court, shall have the same power
to call and impanel jurors, which by law the sheriff of the county has, except
in capital cases. The compensation of such constables shall be the same as
that of regular jurors; except in the counties containing a city of the first
grade of the first class and of the first grade of the second class, and of the
second grade of the first class, the compensation of all court constables shall be
one thousand dollars per annum each; and in counties containing a city of the
second grade of the second class, or second class, third grade b, the compensa-
tion of each court constable shall be eight hundred dollars per annum, payable
monthly; and in all counties having a population of not less than eighty-four
thousand one hundred [and] fifty and not more than eighty-four thousand two
hundred and fifty at the federal census of 1890, it shall be six hundred dollars
per annum, and in counties containing cities of the third grade of the first class
the compensation of such constables so appointed by the court of common pleas
shall be six hundred dollars ($600.00) per annum; and in all cases shall be
paid out of the county treasury on the order of the court. [93 v. 213, 62; 89.
v. 382; 88 v. 305, 394; 86 v. 125; 85 v. 261; 82 v. 16, 25; 81 v. 22; Rev. Stat.
1880; 72 v. 88, §§ 1, 2, 3.]
SEC. 554. [Prolongation of terms in Hamilton county, and arrange-
ment of business.] The superior court of Cincinnati, and the court of com-
mon pleas of the county of Hamilton, may, for the transaction of civil business
solely, continue in session so long as the business thereof, respectively, requires,
and may adjourn, from time to time, for the convenient dispatch of business;
and it shall be lawful for said courts, respectively, to order and direct that any
civil cause or causes pending in either of them shall be especially set for trial
or hearing on any day or days during the term, so as to avoid the unnecessary
attendance of parties or witnesses, or to facilitate the business of said courts,
24
354
$555.
PROVISIONS FOR COURTS OF RECORD. Tit. 1V, Ch. 7.
respectively, and to accommodate the same to that of other courts. [49 v. 12,
§ 1, S. & C. 398.]
Judges may hold courts simultaneously in Franklin county, see (481-61).
SEC. 555. [Transmittal of commissions to judges of courts superior
to probate courts, etc.; oath of office to be taken.] Every commission that
is issued by the governor to a judge of the supreme court, a judge of the cir-
cuit court, a judge of the common pleas court, or a judge of a superior court
of any county or city, shall be transmitted by the secretary of state to the clerk
of the common pleas court of the county wherein such judge resides, and such
clerk shall receive and forthwith transmit the same to the person entitled
thereto; whereupon such person having received such commission, shall take
the oath required by the constitution and statutes of this state, and transmit
a certificate thereof to the same clerk, signed by the officer administering such
oath, within twenty days after he has received such commission. [1885, Feb-
ruary 7: 82 v. 16, 25; Rev. Stat. 1880; 29 v. 407, § 1; (S. & C. 888).]
Sections 555 and 556 make it the duty of one elected to a judicial office, within twenty days after receiv-
ing his commission, to take the oath required by the constitution and laws of the state, and transmit a copy
of such oath to the clerk; and when he does not so qualify and transmit, he shall be deemed to have refused
the office, and it shall be considered vacant; State ex rel. Belford v. Hueston, 44 O. S. 9.
SEC. 556. [When certificate of oath not transmitted, etc., office va-
cant.] In all cases where such certificate is not transmitted to the clerk within
twenty days, as is herein provided, the person entitled to receive such com-
mission shall be deemed to have refused to accept the office, and it shall be con-
sidered vacant; whereupon the clerk shall forthwith certify the fact to the
governor, who shall proceed, according to law, to fill the vacancy. [29 v. 407,
$2; S. &. C. 888.]
Cited Reiter v. State, 51 O. S. 74, 79.
One whose former term has just expired, or is about expiring, is not exempted from the requirements of
this statute: State ex rel. Belford v. Hueston, 44 O. S. 9.
SEC. 557. [The removal of any such judge without his local jurisdic-
tion to be considered as a resignation.] In case any judge of the supreme
court removes his residence out of this state, or any judge of the circuit court
out of his circuit, or any judge of the common pleas court out of his sub-
division, or any judge of a superior court out of his county, he shall be con-
sidered as having resigned and vacated his office, whereupon such vacancy
shall be filled according to law. (§557; 81 v. 168, §557a.) [1885, February 7:
82 v. 16, 26; Rev. Stat. 1880; 29 v. 407, § 3; (S. & C. 888).]
Attaching the county of a judge's residence to another subdivision, but providing that the judges shall
serve out their terms entitles him to finish his term. Supreme court not reported: State v. Bushnell, 36 Bull.
301, editoral.
Cited Reiter v. State, 51 O. S. 74, 79.
(557-1) [Court must render decision within what time.] Any cause
now pending, or that may hereafter be begun, in any court of record in this
state, when submitted on motion or demurrer, shall be determined and adju-
dicated thereon by such court within thirty days after such submission. And
any such cause, when submitted to the court on proceedings in error, or on
final trial on the issues joined, shall be determined and adjudicated within
ninety days after such submission. [90 v. 192.]
(557-2) (This applies to referees, etc., and to motions affecting their
report.] This act shall apply to all causes sent to a referee or special master,
and to all motions affecting the confirmation, modification or vacation of any
report of such reference or master. [90 v. 192.]
(557-3) [Rules of supreme court not affected by above.] This act
shall in no way affect, alter or change the rules of the supreme court, as the
same may be now, or hereafter fixed by said court. [90 v. 192.]
Right to adjourn pending trial to next term, see 2 (467-1).
(557-4) [Publication of court calendars and legal notices in law
journals.] in all counties in this state containing a city of the first class, the
judges of the courts of record in such counties other than the circuit court,
355
Tit. IV, Ch. 7. PROVISIONS FOR COURTS OF RECORD. $ (557-5).
shall jointly designate a daily law journal, published in said county, wherein
shall be published all calendars of the courts of record in said county, which
calendars shall contain the numbers and titles of causes and names of attorneys
appearing therein, together with the motion dockets, and also such particulars
and notices respecting causes, as may be specified by said judges, and every
notice required to be published by any of said judges. And in all cases, pro-,
ceedings, administration of estates, assignments, and matters pending in any
of the courts of record in said county, wherein legal notices or advertise-
ments are required to be published by law, the law journal, designated as
above, shall once a week and on the same day of the week, publish an abstract
of every such legal advertisement; provided, however, that the jurisdiction
over, or regularity of proceedings, trial or judgment, shall in nowise be affected
by anything herein. [91 v. 208; 83 v. 25; 81 v. 179.]
y.
(557-5) [Fees for publication.] The publisher of said paper shal.
receive for the publication of said calendars, motion dockets and notices, the
fees for which are not already fixed by law, a sum to be fixed by said judges,
not exceeding thirty-five cents for each case brought, the same to be paid by
the party filing the petition, or transcripts for appeal or lien, and to be taxed
in the costs and collected as other costs are; and for the publishing of abstracts
of legal advertising, a sum to be fixed by said judges, not exceeding one dollar
for each case, proceeding or matter, in which such advertising is had, to be
taxed and collected as a part of the costs thereof. [83 v. 25; 81 v. 179.]
(557-6) [Removal of causes to federal courts.] If any suit or prose-
cution, civil or criminal, has been or shall be commenced in any court in this
state, against any officer, civil or military, or against any other person, for any
arrest or imprisonment made, or other trespasses and wrongs done or committed,
or any act omitted to be done, at any time during the present rebellion, by
virtue, or under color of any authority derived from, or exercised by or under the
president of the United States or any act of congress, and the defendant shall file
a petition in such state court for the removal of the cause for trial at the next
circuit court of the United States, to be held in the district where the suit is
pending, and in filing said petition, shall in all things comply with the pro-
visions of the fifth section of an act of congress, approved March 3, 1863,
entitled an act relating to habeas corpus and regulating judicial proceedings
in certain cases," it shall be the duty of any such state court to proceed no
further in such cause or prosecution; and it shall also be the duty of such state
court to cause said suit or prosecution to be certified to the next circuit court
of the United States to be holden in the district where such suit is pending,
in accordance with the provisions of the act of congress above referred to. [61
v. 29.]
66
(557-7) [How compelled.] Whenever any court of this state shall
refuse or neglect to comply with the provisions of this act, the supreme court,
on application of the party aggrieved, is hereby authorized and required, by
writ of mandamus to compel such court to perform the duties hereby imposed.
[61 v. 29.]
356
$$ 558-560.
ATTORNEYS AT LAW.
Tit. IV, Ch. 8.
SECTION
CHAPTER 8.
ATTORNEYS AT LAW.
SECTION
of graduates; certificate of examiners; its form
and effect.
Who shall not practice as an attorney.
Suspension or removal of an attorney: by whom
and for what causes; proceedings against an at·
torney: charges to be filed; appeal; review oj
proceedings.
Liability of an attorney.
558. No person permitted to practice as an attorney
at law unless admitted to the bar.
559. How attorneys shall be admitted.
560. Requirements for examination;
without examination.
562.
admission
563.
564.
561.
When and how the supreme court in a county having
a law college shall provide for the examination
565.
Women may be admitted.
560-1. Applicants for admission to bar exempt from
certain educational qualifications required
by supreme court.
Justice's clerk and deputies in Columbus cannot act as counsel, agent or attorney
within jurisdiction of said court, see ? 621e.
SEC. 558. [No one permitted to practice as an attorney or counselor
at law, unless, etc.] No person shall be permitted to practice as an attorney
and counselor at law, or to commence, conduct, or defend any action, or pro-
ceeding, in which he is not a party concerned, either by using or subscribing
his own name, or the name of any other person, unless he has been previously
admitted to the bar by order of the supreme court, or of two judges thereof;
and the court shall fix times when examinations shall take place, which may
be either in term or vacation, and shall prescribe and publish rules to govern
such examination; but this section shall not apply to persons admitted under
pre-existing laws. [29 v. 411, §1; S. & C. 92.]
Prosecuting attorney must be an attorney at law, ? 1268.
SEC. 559. [How attorneys shall be admitted.] When a person applies
to said court for admission to the bar he shall be examined by the court or
two of the judges, touching his fitness and qualifications; and if on such exam-
ination the court or judges are satisfied that he is of good moral character, and
has a competent knowledge of the law, and sufficient general learning, an oath
of office shall be administered to him, and an order shall be made on the jour-
nal that the applicant be admitted to practice as an attorney and counselor at
law in all courts of record of this state; provided, that said court may appoint,
to serve for one or more years, a commission composed of not less than three
persons learned in the law to assist in such examination. [29 v. 411, § 2; S. & C.
92.]
The supreme court, on the question of the admission of persons to practice law, acts in a judicial capac-
ity, and a communication addressed to the court pertinent to the character of an applicant for admission to
the bar, and received and acted upon by the court, is absolutely privileged, so far as an action for libel or
slander is concerned: Wilson v. Whitacre, 4 C. C. 15.
SEC. 560. [Requirements for examination; admission without examina-
tion.] No person shall be admitted to such examination unless he is twenty-one
years of age, has resided in the state for the year next preceding, and is a citizen
of the United States or has declared his intention of becoming a citizen thereof;
nor until he has produced from some attorney at law a certificate setting forth
that the applicant is of good moral character, and that he believes him to be a
person of sufficient legal knowledge and ability to discharge the duties of an at-
torney and counselor at law, and that he has regularly and attentively studied
law during the period of three years previous to such application, either under
the tuition of some practicing attorney or in regular attendance at some law
school, or for a part of such period under such tuition and for the rest of it in
attendance at school; but any person residing in the state or coming into the
state for the purpose of making it his permanent residence, upon producing satis-
factory evidence that he has studied law for the period of three years under the
tuition of some attorney at law, and has been regularly admitted as an attorney
357
Tit. IV, Ch. 8.
ATTORNEYS AT LAW.
§ (560-1).
and counselor at law in some court of record within the United States, or that
having been so admitted after a shorter period of study, he has been in the prac-
tice of law in such court for a time which added to such period of study makes
up three years, may be admitted to such examination upon producing satis-
factory evidence that he is of good moral character. Provided, that a person
who has become a resident of this state and who having studied law for a period
of at least two years and passed a regular examination and has been regularly
admitted as an attorney and counselor at law in the highest court of any other
state in or of the United States, and has been in active practice of the law in
such state or in the supreme court of the United States for a period of not less
than five years immediately preceding his removal to the state of Ohio, upon
producing satisfactory evidence of such admission, study, and practice and
good moral character, may be admitted without such examination. [91 v. 125;
90 v. 133; 55 v. 17, § 3; S. & C. 92.]
(560—1) SEC. 1. [Educational qualifications required by supreme
court.] That no rule of the supreme court of this state requiring an appli-
cant for admission to the bar of this state to have received any diploma of
graduation, or any certificate granted by a board of school examiners, as a con-
dition precedent, or as a qualification for admission to the bar, shall affect or
apply to any person, who has regularly and attentively studied law during the
period of three (3) years prior to the passage of this act, either under the
tuition of some practicing attorney, or in regular attendance at some law school,
or for a part of such period under such tuition and for the rest of it in attend-
ance at law school. [93 v.
[93 v. 308.]
SEC. 561 [When and how the supreme court in a county having a law
college shall provide for the examination of graduates; certificate of exam-
iners; its form and effect.] In any county in which there is a law college, or
a college or university having a department of law, duly organized, with a
course of study wholly devoted to the law, extending through two academic
years or more, the supreme court may (if in its opinion the character of the
course of study and the number of the graduating class shall warrant it) ap-
point a committee of not less than three nor more than seven attorneys at law
to attend the commencement exercises of such college next after their appoint-
ment, and examine the graduating class of such college or department in regard
to their qualifications to practice law; and upon the report of such committee,
the court may admit to practice as attorneys and counselors at law those mem-
bers of such graduating class who may be recommended by said committee
and found by the court to be qualified; provided, that the presiding officer
of such college or department shall certify that such graduating students have
completed the course of law study herein before mentioned, and are persons of
good moral character; and provided further, that such applicant students shall
furnish satisfactory evidence of fulfilling the conditions in the preceding sec-
tion prescribed as to age, residence, time of study, and citizenship, or declara-
tion of intention to become a citizen. [91 v. 125; 87 v. 19; 82 v. 16, 26; Rev.
Stat. 1880; 53 v. 71, §§ 1, 2; 65 v. 88, §1; (S. & C. 94; S. & S. 23).]
SEC. 562. [No person permitted to practice who is not a resident of
the state, and a citizen of the United States, etc.] No person shall practice
as an attorney and counselor at law in any court of this state who does not
reside in the state, or is not a citizen of the United States, or who holds a com-
mission as judge of any court of record, or who is a sheriff, coroner, or deputy
sheriff; nor shall the clerk of the supreme court, or of the common pleas, or
the deputy of either, practice in the particular court of which he is clerk or
deputy clerk; but nothing herein contained shall prevent attorneys and coun-
selors at law who reside without this state practicing in this state, unless the
state or territory in which they reside prohibits attorneys and counselors at
358
$$ 563-564.
ATTORNEYS AT LAW.
Tit. IV, Ch. 8.
law residing in this state to practice therein; and nothing herein contained
shall prevent any judge of any of the courts of this state from finishing any
business by him undertaken in the district, circuit, or supreme court of the
United States, prior to his election as judge; and an alien who has declared his
intention to become a citizen of the United States may practice as if he were
a citizen. [55 v. 17, § 5; 60 v. 21, § 1; S. & C. 93; S. & S. 23.]
See ? 534.
SEC. 563. [Suspension or removal of an attorney: by whom and for
what causes; proceedings against an attorney: charges to be filed;
appeal; review of proceedings.] The supreme court, the circuit court, or
the court of common pleas may suspend or remove any attorney at law from
office, for either of the following causes: misconduct in office, conviction of
crime involving moral turpitude, or unprofessional conduct involving moral
turpitude; and such suspension or removal shall operate as a suspension or
removal in all the courts of this state, and judges of such courts are required
to cause proceedings to be instituted against any attorney at law, when it in any
manner comes to the knowledge of any judge in whose court such attorney
practices, that such attorney is probably guilty of any of the causes of suspen-
sion or removal; but before any attorney is suspended or removed, written
charges must be filed against him, stating distinctly the grounds of complaint,
and a copy thereof, certified by the clerk, under the seal of the court, shall be
served upon him, and he shall, after such service, be allowed a reasonable time
to collect and present testimony in defense, and be heard by himself or council
[counsel]; and in case of suspension or removal by the common pleas court,
an appeal may be had to the circuit court, and the sentence of either the com-
mon pleas court or circuit court may be reviewed on error in the supreme court.
And the court in which such charges may heretofore have been or hereafter
may be filed, shall allow to the person or persons appointed to file and prose-
cute the same, for their services in that behalf, such sum as by the court may
be deemed reasonable, not exceeding one hundred dollars each, together with
such costs and expenses as may be or heretofore may have been incurred by
them in and about such prosecution, which amounts so allowed shall be paid
out of the county treasury of the county wherein such proceedings are had,
upon the warrant of the county auditor, unless such charges are filed in the
supreme court, in which case the allowances aforesaid shall be paid out of the
state treasury. [91 v. 63; 82 v. 16, 26; Rev. Stat. 1880; 20 v. 411, § 4; (S. &
C. 92).]
The court which disbarred can reinstate but should consider his prior and subsequent conduct: In re
Palmer 9 C. C. 55; 2 O. D. 334.
Re-admission by another court of the disbarred attorney without disclosing the disbarment will be set
aside: In re King 54 O. S.
Disbarment is not for the purpose of punishing the offender but to prevent unfit persons from practic-
ing. In re Palmer, 15 C. C. 94. There should be no reinstatement where the court would, with all the facts, not
originally have admitted such a man to practice: Id.
This does not cover moral delinquencies not affecting professional character: State v. Byrkett, 3 N. P. 28 ;
4 0. D. 89.
This section is penal and should be strictly construed. Unprofessional conduct and good moral character
only refer to qualities essential to an attorney and not to a citizen: State v. Byrkett, 4 Ŏ. D. 89: 3 N. P. 28.
Erasing a judge's marks on papers with intent to deceive another judge is moral turpitude within the
meaning of the statute: In re Lundy, 14 C. C. 561.
SEC. 564. [Liability of attorneys, and how prosecuted.] If a suit is
dismissed for the non-attendance of an attorney practicing in any court of
record within the state, such attorney not having a just and reasonable excuse,
it shall be at his costs; and he shall be liable for all damages his client sustains
by such dismissal, or any other neglect of his duty, to be recovered in any
court of record within the state; and every attorney receiving money for his
client, and refusing or neglecting to pay the same when demanded, shail be
proceeded against in a summary way, on motion, before any court of record,
either in the county in which judgment has been rendered on which such
money has been collected, or in the county in which such attorney resides, in
359
Tit. IV, Ch. 9.
JUSTICES OF THE PEACE.
§ 565.
the same manner, and be liable to the same penalties as sheriffs and coroners
are for money received on execution. [29 v. 411, § 6; S. & C. 93.]
See 22 541, 542, and 5594.
Attorney is liable in damages for neglecting his business only when the neglect causes loss to the client:
Harter v. Morris, 18 O. S. 492.
This does not take away the common law right of the court to compel an attorney to deliver money or
papers to his client: Cotton v. Ashley, 11 C. C. 47; 5 O. D. 6.
SEC. 565. [Women may be admitted.] No person shall be excluded
from acting as an attorney at law and practicing in all the courts of this state
on account of sex. [75 v. 563, § 1.]
SECTION
CHAPTER 9.
JUSTICES OF THE PEACE.
SECTION
ELECTION AND QUALIFICATION.
566. How number of justices for new township and
time of election fixed.
567. How vacancy filled.
568. Increase or decrease in the number of justices
in township; exception as to Hamilton and
Cuyahoga Counties.
569. How elections conducted.
570. Resignation of justice, and notice thereof.
571. Who shall give notice if there are no trustees.
572. Contest of election of justice.
573. Jury of three to be summoned.
574. Witnesses to be subpoenaed as requested.
575.
Trial of contest of election of justice of the peace;
transmittal of verdict.
576. What votes shall be thrown out.
603.
604.
602. Papers void if issued by a justice not filled up.
A justice may depute a person to serve process.
Authority of such person.
605.
Contempts that a justice may punish.
606.
Arrest and sentence in such case.
607.
The docket entry, and what warrant of com-
mitment shall contain.
608.
609.
Appointment of special constables.
Record of appointment, and compensation of
special constables, and by whom paid.
609-1. Restoration of records of justices' and may-
ors' courts.
577. What shall be done on failure of juror or judge 612.
to attend.
578. Costs: by whom paid.
610.
611.
CRIMINAL JURISDICTION AND POWERS.
General criminal jurisdiction of justices.
Criminal docket, and what to contain.
Disposition of criminal docket when justice
retires from office.
613.
579. Justices' commission; oath; bond; clerk of court to
be notified of filing bond.
Allowance for purchases of criminal docket,
desk, and stationery.
614.
580. Additional bond may be required.
581. Record of date of commission, and duty of clerk
of court in respect thereof; exceptions.
615.
In summary convictions before justices, bills of
exceptions may be taken.
Justice's fees.
616.
Justices may appoint special constables for
islands in their townships.
617.
Justices must pay over to county treasurer all
fines collected.
618.
On failure to pay over, suit shall be brought,
and penalty imposed.
619.
620.
Annual report to auditor as to fines.
When a justice may act as coroner.
FEES.
CIVIL JURISDICTION AND DUTIES.
582. Jurisdiction in general limited to townships;
not to hold court outside of township for
which elected.
583. When jurisdiction co-extensive with county;
exceptions as to Cuyahoga and Franklin
counties.
584. Who can not be sued out of the township of
their residence; exceptions as to Cuyahoga
and Franklin counties.
585.
586.
Jurisdiction as to amount.
Amount may be balance of larger claim.
587. Jurisdiction co-extensive with county on un-
dertaking.
588. Judgment may be confessed for three hundred
dollars.
590.
589. Jurisdiction in replevin as to amount.
Cases in which justices have jurisdiction.
591. Cases in which justices have no jurisdiction.
592. Justices shall make out lists of causes on their
dockets.
593. Disposition of unclaimed moneys. costs, etc.
594. Justice's docket, and what it must contain.
594a. Officers in certain townships in Hamilton Co.
595. How and when entries made, and effect of tran
script.
596. Indexes to docket, numbering cases and papers,
and keeping papers together.
597. How justice shall dispose of dockets, laws and
papers at the expiration of his term.
A justice receiving these shall give a receipt.
Powers and duties of a justice receiving the
dockets of another justice.
598.
599.
600. Trustees to determine who is successor to a
justice.
601. If a justice is sick or absent another may act
for him.
621. Fees of justices of the peace; Toledo.
621-1. Judges and justices of peace in Toledo; elec-
tion; term; jurisdiction; vacancies.
621-2. Court private and jury rooms; clerk's office.
621-3. Compensation; office hours.
621-4. Clerk; term, etc.; deputy clerks; disposition
of fines, etc.
621-5. Fees; costs.
621-6. Certain fees of justices and constables un-
affected by this act.
-
621-7. Clerk's seal; clerk to sign all writs, etc.; bills
of exceptions.
621a. Salary, clerk hire, office rent, etc., in Cleveland;
Cincinnati township.
621b. Duty as to fees.
621e. Salary in Columbus; vacation of justice; office
hours; number of justices, etc.
621d. Clerk of justices' court in Columbus; election
of clerk and deputies; term, etc.
621e. Justices' clerks and deputies cannot act as
counsel, agent, or attorney.
621f.
621g.
Compensation of justices in Mahoning county,
Youngstown township; office furniture,
blanks and stationery; office hours; number
of justices.
Duty as to fees.
621h. Examination of justices' accounts.
622.
Fees of constables.
622—1. Administration of oaths by clerks of jus-
tices of the peace, (Cincinnati township,
Hamilton county); fees and costs.
360
§§ 566–568.
JUSTICES OF THE PEACE.
For appointment of special constables, see ?? 608, 616, 3710.
Tit. IV, Ch. 9.
As to appointment of appraisers of the estate of deceased persons, see ?? 6029, 6030.
As to appointment of appraisers in strays, see ? 6629.
As to filling vacancies in office of trustees of civil township, see? 1452.
For restoration of lost or burned records, see ? (609—1).
Jurisdiction of supreme court for error in judgment rendered or final order made as
to construction of jurisdiction of any court of this state, see ? 6710.
ELECTION AND QUALIFICATION.
SEC. 566. [Common pleas court shall fix number for new townships.]
When a new township is set off, the court of common pleas of the proper
county shall determine on a suitable number of justices of the peace for such
township, and the day of election, and the clerk of the court shall transmit a
copy of the proceedings thereof to the trustees of the same, who shall immedi-
ately give notice to the electors, in the manner pointed out in section five hun-
dred and sixty-seven (567), to elect the justices so determined on; and should
there be no trustees of the township, the clerk shall give notice of such election
by causing advertisements to be set up in three public places in the township,
not less than ten nor more than fifteen days previous to the election, designat-
ing the time and place of holding such election. [51 v. 406, § 1; S. & C. 762.]
Justice of the peace disqualified to hold certain other offices, ? 18.
Section cited in State ex rel. v. Cincinnati, 52 O. S. 419, 451.
SEC. 567. [Vacancy; appointment by trustees; election to fill vacancy;
duty of clerk of court; notice to clerk by township trustees; additional
justice.] When a vacancy occurs in the office of justice of the peace in any
township in the state, either by death, removal, absence at any one time for
the space of six months, resignation, refusal to serve or otherwise, the trustees,
having notice thereof, shall, within ten days from and after such notice, fill
such vacancy by appointing a suitable and qualified resident of the township,
who shall serve as justice until the next regular election for justices of the
peace and until his successor is elected and qualified; and a majority vote of
the trustees shall be sufficient to appoint. At the next regular election some
suitable person shall be elected justice in the regular way to fill the unexpired
term, if any, of the justice originally elected to such office; and the clerk of
the court of common pleas, in certifying to the secretary of state the election
or appointment of a justice of the peace to fill any vacancy, as aforesaid, shall
specify in his certificate the name of the justice of the peace whose place is
supplied by the person whose election is certified to, and also the date when
such vacancy occurred; and to enable the clerk of the court to comply with so
much of this section as relates to his duties, the trustees shall notify him of
any vacancy, as aforesaid, and the date when it occurred; and in case the elec-
tion of an additional justice of the peace in any township is authorized by the
proper authority, the clerk of the court, in certifying his election to the secre-
tary of state, shall state in his certificate that he is such additional justice of
the peace so authorized and elected. [93 v. 167; 66 v. 142, § 2; (S. & C. 763).]
A justice of the peace can not be appointed a deputy sheriff, ? 1209.
See 22 571, 581.
SEC. 568. [Increase or decrease in the number of justices in town-
ship; exception as to Hamilton and Cuyahoga counties.] When it is made to
appear to the satisfaction of the probate judge of the proper county, that there
is not a sufficient number of justices of the peace in any township thereof,
and, also, that public notice had been given in such township that application
would be made for an additional number of justices of the peace, the court is
authorized to add one or more justices to such township, as seems just and
proper, and the trustees shall give notice to the electors of such township to
elect such justice or justices so added, agreeably to the provisions of section
five hundred and sixty-seven (567); and when it is made to appear to the court
361
Tit. IV, Ch. 9.
JUSTICES OF THE PEACE.
§§ 569–573.
aforesaid, that it is expedient to decrease the number of justices in any town-
ship, the court is authorized to restrict the number as it judges proper; but no
justice may be deprived of his commission until the expiration of the term
for which he was elected; and except in counties containing a city of the first
grade of the first class and except in counties containing a city of the second
grade of the first class, if a part of any township is attached to any other town-,
ship, justices of the peace residing in the limits of that part of the township
so attached as aforesaid, shall execute the duties of their office in the town-
ship to which the same is attached, in the same manner as if they had been
elected for such township. [92 v. 59; 91 v. 78; 51 v. 405 (406), $3; S. & C.
763.]
A justice elected in a township a part of which is afterwards annexed to another township, he living in
the annexed part, such justice acquires jurisdiction in civil cases in the new township as it existed after
such change of boundary: Pfeiffer v. Green et al., 3 N. P. 156; 4 O. D. 239. Also see note to same case under
¿ 621a.
Cited State ex rel. v. Maxfield, 9 C. C. 26, 32; sustained, State v. Davies, 12 C. C. 218; 5 O. D. 525.
SEC. 569. [Manner of conducting elections.] All elections of justices
of the peace shall be conducted in the same manner as is required in the elec-
tion of members of the general assembly, and the judge of election taking in the
return of such election, is entitled to receive ten cents per mile from the place
of holding the election to the seat of justice, to be paid out of the county treas-
ury. [51 v. 405 (406), § 14; S. & C. 765.]
As to election of justices of the peace where the limits of a municipal corporation are
co-extensive with limits of township, see? 1719.
SEC. 570. [Resignation: notice thereof.] All resignations of justices.
of the peace shall be made to the clerk of the court of common pleas of the
proper county, and the justice so resigning shall at the same time give notice
to the clerk of the township of his resignation, and the township clerk shall,
within three days after notice to him, certify the same to the trustees of the
township, who shall proceed thereon as in other cases of vacancies. [51 v. 405
(406), § 15; S. & C. 765.]
Cited Reiter v. State, 51 O. S. 74, 79.
SEC. 571. [Notice to electors.] Should there be no trustees in any such
township, the township clerk shall give the notice to electors required to be
given by this chapter. [51 v. 405 (406), § 16; S. & C. 765.]
See ?? 567, 581.
SEC. 572. [Manner of contesting elections.] If any candidate, or
elector, of the township in which the election was held, thinks proper to con-
test the election of the person or persons declared elected, such candidate or
elector must make it known to the probate judge of the county within ten days
after the day of such election, and the points on which the contestor means to
contest such election, and the judge shall communicate the same to the person
or persons whose election is contested, specifying the name of the contestor,
with the points on which he relies, citing him or them to appear on a day not
more than fifteen days from the day of the election, at his office, in his county,
allowing such person or persons five days' notice of the contest; and the judge
shall also direct the clerk of the court of common pleas to withhold the return
of such contested election until the same is decided. [51. v. 405 (406), § 4;
S. & C. 763.]
The jury may and is authorized to find who was elected or whether there was no election at all; a find-
ing that one or the other did not receive a majority of the votes and that therefore he was not elected, is in-
sufficient: State ex rel. v. Wright, 56 O. S. 556.
SEC. 573. [Probate judge shall select jury of three, and have them
summoned.] The judge, on the same day that he issues a notice to the person
or persons whose election is contested, shall appoint three respectable freehold-
ers of his county, not resident in the township in which such election was
held, to try such contest, and shall issue a summons to said freeholders, direct-
.
362
§§ 574–578.
JUSTICES OF THE PEACE.
Tit. IV, Ch. 9.
ing them to appear and try the contest, on a day specified in the summons,
which summons shall be directed to the sheriff, or any constable of the county,
and shall be served by the officer to whom directed, at least three days before
the time appointed for the trial of the contest, and shall be by said sheriff or
constable, as the case may be, returned at the time and place of trying the
same. [51 v. 405 (406), § 5; S. & C. 763.]
Cited State ex rel. v. Wright, 56 O. S. 551.
SEC. 574. [Witnesses.] The judge may, on the request of the contestor,
or the person or persons whose election is contested, grant subpoena for wit-
nesses directed to the sheriff or any constable of his county, who shall serve
and return the same to the judge, at the time and place therein named. [51 v.
405 (406), § 6; S. & C. 764.]
SEC. 575. [Trial of contest of election of justice of the peace; trans-
mittal of verdict.] The jury of freeholders shall be sworn to try such contest
agreeable to evidence, and no evidence shall be admitted but such as relates to
the points stated in the notice, and when the trial is closed, the freeholders
shall sign their decision, which shall be attested by the probate judge; and if,
by such decision, there is a vacancy in the office of the justice of the peace, the
judge shall, within three days, thereafter, transmit a copy of such decision to
the trustees of the township, or the clerk thereof if there are no trustees, who
shall forth with give notice to the electors to fill such vacancy as in other cases;
but if, by the decision, the election remains good, he shall transmit the same to
the clerk of the court of common pleas, who shall immediately proceed, as if no
contest had taken place. [1887, March 5: 84 v. 44; Rev. Stat. 1880; 51 v. 405
(406), §7; (S. & C. 764).]
Cited State ex rel. v. Wright, 56 O. S. 551, 553, 555.
SEC. 576. [What votes shall be thrown out.] No election of a justice
of the peace shall be set aside by the freeholders merely because illegal votes
have been given at such election, if it appears that the person whose election
is contested has the greatest number of the legal votes given at such election,
after deducting all illegal votes given, when there is no evidence for whom
such illegal votes were given, as well as all illegal votes which are shown to
have been given for the person whose election is contested. [51 v. 405 (406),
$8; S. & C. 764.]
Cited State ex rel. v. Wright, 56 O. S. 551.
SEC. 577. [Talesmen; justice to preside in absence of judge.] In
case any of the freeholders summoned fail to attend at the time and place of
trial, the judge shall appoint other freeholders to supply the deficiency; and
if the judge fails to attend the trial, any disinterested justice of the peace of
the county may perform all the duties required of the judge by the provisions
of this chapter. [51 v. 405 (406), § 9; S. & C. 764.]
SEC. 578. [Costs: how paid.
[Costs: how paid.] If the contestor fail in setting aside the
election, he shall pay the costs, and the judge or justice, as the case may be,
shall render judgment, from which there shall be no appeal, and issue execu-
tion for the same to the sheriff or any constable of the county; but if the
election is set aside, the township in which such election was held shall pay
the costs: the judge or justice, as the case may be, shall make out and certify
a bill of such costs, and forward the same to the trustees of such township,
who shall, upon the receipt of the bill of costs, issue their orders on the town-
ship treasurer for the payment of the same: the judge or justice, as the case
may be, shall receive one dollar per day, and the freeholders one dollar per day,
each; and the witnesses and sheriff, or constable, their lawful fees as in other
cases. [51 v. 405 (406), § 10; S. & C. 764.]
Cited State ex rel. v. Wright, 56 O. §. 552.
363
Tit. IV, Ch. 9.
JUSTICES OF THE PEACE.
$ 579.
SEC. 579. [Justice's commission; oath; bond; clerk of court to be
notified of filing bond.] When a person is elected to the office of justice of
the peace, and receives a commission from the governor, he shall forthwith
take and subscribe the necessary oath appertaining to the office, before the
clerk of the court of common pleas of his county, who is authorized to admin-
ister the same, or before a justice of the peace of his county, who shall, within
ten days, transmit the oath to the clerk aforesaid, who, in either case, shall file
the same, and make record of it in a book provided for that purpose; and each
justice of the peace so qualified shall, before he is authorized to discharge any
of the duties of his office, and within ten days after taking the oath, enter into
bond, to be approved by the trustees of his township, payable to the state,
with at least two sufficient sureties, with a penalty of not less than one thou-
sand nor more than five thousand dollars, at the discretion of the trustees, to
be deposited with the township treasurer, unless the township treasurer is the
justice elect, then with the township clerk, conditioned that such justice shall
well and truly pay over, according to law, all money which shall come into his
hands by virtue of his commission, and also that he shall faithfully perform
every ministerial act that is enjoined upon him by law; and on refusal or
neglect to enter into such bond, the office shall be deemed vacant, and the
trustees shall give notice of a new election to fill the vacancy. And the officer
with whom such bond is filed shall forthwith, after the filing of the same,
notify the clerk of court of common pleas thereof in writing, giving the date
of filing, and such clerk shall make an entry of the fact in the record in which
the oath of the justice is recorded, adjoining the record of the oath; and no
officer other than the clerk of the court of common pleas shall certify to the
signature and qualification of justices of the peace. [1883, April 19: 80 v.
186; Rev. Stat. 1880; 51 v. 405 (406), § 11; (S. & C. 764).]
As to action on bonds, see ? 4994.
See ? 2 as to oath of office; 7 as to bond; 5 as to force of record of bonds; 219 as to
vacancy created by failure to qualify.
See ? 1506 et seq. as to bonds of township officers generally.
See 1737 as to oath of office of officers in municipal corporations.
Section 566 (4994, Revised Statutes) of the Code prescribes the only manner in which redress may be
had from justice of the peace for neglect or misconduct. The only form of action authorized is a joint suit
against all of the obligors: Aucker v. Adams, 23 O. S. 543.
When note is left with justice of the peace, with instructions to sue if it is not paid, and it is paid before
maturity, his bond is not liable for the money on his default: Stevens v. Breatheven, W. 733.
As to sureties wishing to be discharged as such, see Stevens v. Allmen, 19 O. S. 485.
The endorser of a promissory note, who has been compelled to pay it through the neglect of the justice,
can not sue him on his bond: Dehn v. Heckman, 12 O. S. 18î.
The neglect of a justice of the peace to render judgment on a verdict of a jury, in an action tried before
him, is not a breach of his official bond, conditioned that he "shall well and truly perform every ministerial
act that is enjoined upon him by law and by virtue of said office:" Stallcup v. Baker et al., 18 O. S. 545.
An approval of an official bond of a justice of the peace, signed by two trustees at the same date, ii
nothing appears to the contrary, will be presumed to have been done at a meeting of the trustees: Place:
Taylor et al., 22 O. S. 317.
Neither the language nor the policy of the statute renders the bond void for want of the approval of the
township trustees: Ib. 320.
A bond conditioned that the justice elect "shall well and truly discharge the duties of justice of the
peace according to law," though not a literal, is nevertheless a substantial, compliance with the statute: Ib.
The duties required by law to be performed by a justice of the peace, relating to the issuing of an order
of arrest in a civil action, are of a ministerial character, and the issuing of such order without an undertak-
ing being previously executed, as required by statute, is a breach of the bond: Ib. 321.
Failing to enter a judgment and issue execution thereon, constitute a breach of the official bond of a
justice of the peace, for which an action will lie on said bond: Fairchild v. Keith, 29 O. S. 156; Gaylor v. Hunt,
23 0. S. 255.
A justice of the peace received money, in his official capacity, in satisfaction of a judgment on his
docket, and deposited the same in bank to his private account. The bank failed before the sum deposited
was drawn therefrom: Held, that the justice was liable to the judgment creditor for the amount so received
and deposited: Shaw v. Bauman, 34 O. Š. 25.
An official bond, conditioned for the faithful discharge of the duties of an office, "according to law,"
embraces duties required by law, whether enacted before or after the execution of the bond: Dawson v. State,
38 O. S. 1.
As to the measure of damages in an action on the official bond of a justice of the peace for neglecting to
issue an execution, see Carpenter v. Warner, 38 O. S. 416.
The sureties on the bond of a justice of the peace are liable "for any neglect of duty or any illegal pro-
ceedings on the part of" a constable appointed by said justice under 6685, by virtue of 2 6687: Dummick v.
Howitt, 40 0. S. 646.
The sureties on a justice's bond are not liable for failing to pay over money deposited by a defendant to
disebarge an attachment: Fritch Bros. v. Douglass et al., 12 C. C. 359; 5 O. D. 695. See note to same case
der 26:13.
364
$$ 580-583.
JUSTICES OF THE PEACE.
Tit. IV, Ch. 9.
SEC. 580. [Additional surety.] When, in the opinion of the trustees.
of any township, the surety required to be given by any justice of the peace, is
or becomes insufficient, for any cause, such trustees shall give notice to such
justice in writing, that he is required, within ten days, to give additional
surety to the satisfaction of such trustees; and on neglect or refusal of any
justice to enter into any bond, with sureties, as required of them by this chap-
ter, the office shall be deemed vacant, and the trustees shall give notice of a
new election to fill such vacancy. [51 v. 405 (406), § 12; S. & C. 765.]
How surety may secure release from bond, see ?5843 et seq.
SEC. 581. [Record of date of commissions; notice of election at
expiration of commission; exceptions; etc.] Every justice of the peace, when
commissioned shall, in thirty days thereafter, transmit the date thereof to the
clerk of the township, who shall make an entry thereof in a book by him to
be provided for that purpose, and before the first day of February of each year,
the clerk shall give a written notice to the trustees of all commissions expir-
ing within twelve months after the first day of April following, and the date
when each such justice's commission will expire, and the trustees, on receiving
such notice, shall notify the electors of such township to elect at the next reg-
ular spring election thereafter, a justice of the peace to fill each such vacancy,
in the manner pointed out in section five hundred and sixty-seven (567); pro-
vided, however, that the provisions of this act shall not apply to cities of the
first class nor first grade of the second class. 90 v. 304; 51 v. 405 (406), § 13;
S. & C. 765.]
See ? 567.
CIVIL JURISDICTION AND DUTIES.
SEC. 582. [Jurisdiction in general limited to townships not to hold
court outside of township for which elected.] The jurisdiction of justices
of the peace, in civil cases, unless otherwise directed by law, is limited to the
township wherein they have been elected, and wherein they reside; but no
justice of the peace shall hold court outside the limits of the township for
which he was elected. [93 v. 146; 51 v. 179, § 1; S. & C. 769.]
Judgment of dismissal for want of jurisdiction carries cost, 26576.
Courts of record in this state are those the history of whose proceedings are perpetuated in writing.
Justices' courts must be held to be courts of record: Adair's Admr. v. Rogers' Admr., W. 428.
Courts of justices of the peace can not make an award under bond a rule of their court: Hubbel v. Bald-
win, W. 86.
Justices of the peace are held to the strict limits of their authority as conferred by statute: Beebe v.
Scheidt et al., 13 O. S. 415, 416.
Inferior courts should be confined strictly to the authority given them; and, while liberality is exercised
in reviewing their proceedings, as far as respects regularity and form, they should be held strictly to the
limits of jurisdiction prescribed by the statute: Harding v. Trustees of New Haven Tp., 3 O. 228; Sheldon's
Lessee v. Newton, 3 O. S. 494.
Justices and other inferior tribunals must, at their peril, keep within their prescribed jurisdiction; and
if they transcend the limits of their authority, they are answerable: Truesdell v. Combs, 33 O. S. 186.
To support a judgment of a justice of the peace, the record must show that he had obtained jurisdie-
tion of the defendant: Robbins v. Clemmens, 41 Ô. S. 285.
See note to Orr v. Schackel, 5 N. P. 246, under 584.
See note to Pfeiffer v. Green et al., 3 N. P. 156; 4 O. D. 239, under 2 568.
SEC. 583. [Jurisdiction of justices in particular cases; exceptions as
to Cuyahoga and Franklin counties.] Justices of the peace within and co-ex-
tensive with their respective counties shall have jurisdiction and authority:
1. To administer an oath, authorized or required by law to be administered.
2. To take the acknowledgments of deeds, mortgages, and other instru-
ments of writing.
3. To solemnize marriages.
4. To issue subpoenas for witnesses and coerce their attendance in causes
or matters pending before them, or other cause or matter wherein they are
required to take depositions.
5. To try the action of forcible entry and detention or the detention only
of real property, except in counties containing a city of the second grade of
365
Tit. IV, Ch. 9.
JUSTICES OF THE PEACE,
$584.
the first class, or a city of the first grade, second class, the jurisdiction and
authority of justices in such cases is limited to the township for which they
were elected.
6. To proceed against security for costs and bail for the stay of execution
on their dockets.
7. To issue attachments and proceed against the goods and effects of
debtors in certain cases, except in counties containing a city of the second
grade of the first class, or of the first grade, second class, the jurisdiction and
authority in such cases is co-extensive only with the township for which the
justice was elected, but when said justice has jurisdiction of the defendant be-
cause he resides in the township for which said justice was elected or otherwise
as provided in section 584 of the Revised Statutes, the jurisdiction of the jus-
tice in attachment shall be co-extensive with the county.
8. To issue executions on judgments rendered by them.
9. To proceed against constables failing to make return, making false re-
turn, or failing to pay over money collected on execution issued by such justice.
10. To try the right of the claimant to property taken in execution or
attachment.
11. To act in the absence of the probate judge in the trial of contested
elections of justices of the peace.
12. To try actions against other justices of the peace for refusing or neg-
lecting to pay over moneys collected in their official capacity, where the amount
claimed does not exceed one hundred dollars; but nothing in this clause shall
be held to deny or impair any remedy provided by law in such case by suit on
the official bond of such justice of the peace, or by amercement or otherwise,
for such neglect or failure to pay over money collected as aforesaid. [93 v. 146,
70 v. 179, § 2; (S. & C. 769).]
For jurisdiction of justice of the peace in the matter of partition fences, see 22 4246–4247.
Suit may be brought before a justice against township trustees without naming them: Harding v.
Trustees N. H. Tp., 3 O. 227.
Constable is liable on a false return, and justice of the peace is liable for refusing to entertain jurisdic-
tion of the matter against him: Powell v. Jones, 12 O. 35.
A suit in equity to subject the separate property of a married woman to the payment of her note can
not be brought before a justice of the peace: Allison & Townsley v. Porter, 29 O. S. 136.
Where the subject of the action is within the jurisdiction of a justice of the peace, and the parties
appear before such nearest justice, agree upon a day of trial, which is assented to by the justice, and there-
upon the defendant demands a jury, which is awarded to him, he thereby waives all objection to the juris-
diction of such justice to try the case: Railway Co. v. Fleming, 30 O. S. 480.
A justice of the peace has no jurisdiction of an action on the bond of a constable: Hornbuckle v.
State, 37 0. S. 363.
Where a justice of the peace has jurisdiction of the subject-matter and the person, his judgments are as
impregnable against collateral attacks as those of any other tribunal: McCurdy v. Baughman, 43 O. S. 79.
A judgment rendered upon default against a married woman in an action to which coverture would
have been a defense, is not void, but voidable; and the enforcement of such judgment will not be enjoined
because she failed to defend on that ground: Ib.
See, also, notes to decisions under 2 582.
See note to Orr v. Schackel, 5 N. P. 246, under ? 584.
SEC. 584. [Who to be sued in township of non-residence; exceptions
as to Cuyahoga and Franklin counties.] No householder or freeholder resi-
dent of the county shall be held to answer a summons issued against him by
a justice in a civil matter in any township of such county other than the one
where he resides, except as otherwise provided by section five hundred and
eighty-three, and in the cases following:
First. Where there is no justice of the peace for the township in which the
defendant resides.
Second. Where the only justice residing therein is interested in the con-
troversy.
Third. Where he is related as father, father-in-law, son, son-in-law, brother,
brother-in-law, guardian, ward, uncle, nephew, or cousin, to either of the par-
ties, and there is no justice in the township competent to try the cause in the
foregoing excepted cases, the action may be brought before any justice of an
366
2
$$ 585-586.
JUSTICES OF THE PEACE.
Tit. IV, Ch. 9.
adjoining township of the same county, and the justice shall state on his
docket the reason for his taking jurisdiction.
Fourth. Where the summons is accompanied with an order to attach prop-
erty, the jurisdiction is co-extensive with the county, except in counties con-
taining a city of the second grade of the first class, or of the first grade, second
class, the jurisdiction is co-extensive only with the township for which the
justice was elected, unless jurisdiction of the defendant is otherwise obtained
as provided elsewhere in this section.
Fifth. Where two or more persons are jointly, or jointly and severally,
bound in any debt or contract, or otherwise jointly liable for the same action,
and reside in different townships of the same county, the plaintiff may com-
mence his action before a justice of the township in which any of the persons
liable reside, but in joint actions against the makers and endorsers of notes,
due bills, or bills of exchange, the action must be commenced in the township
claimed by the plaintiff that an endorser endorsed the note or bill at the time
it was made, and the jurisdiction depends thereon, before the justice takes
jurisdiction, the plaintiff, or some person for him, shall file an affidavit setting
forth the fact.
Sixth. In cases of trespass to real or personal property, it shall be lawful to
bring the action in the township where the trespass was committed, or in the
township where the trespasser, or any one of the several trespassers, reside.
[93 v. 147; 73 v. 14, § 3; (S. & C. 770).]
Judgment of dismissal for want of jurisdiction carries costs, ? 6576.
As to where railroad company may be sued, see ? 6478.
Par. 4 must be construed together with 2 583, par. 7 and 3582: Orr v. Schackel, 5 N. P. 246.
Jurisdiction over a non-resident in a civil action is only had when the order to attach, accompanying
the summons, is made effective by attaching: Id.
SEC. 585. [As to amount.] Under the restrictions and limitations herein
provided, justices of the peace shall have exclusive original jurisdiction of any
sum not exceeding one hundred dollars, and concurrent jurisdiction with the
court of common pleas in any sum over one hundred dollars and not exceed-
ing three hundred dollars. [52 v. 100, § 4; S. & C. 770.]
As to jurisdiction of common pleas court, see ? 456.
A case within the concurrent jurisdiction of a justice and the common pleas, commenced before a jus-
tice, and taken to the common pleas by appeal, can not be appealed from the latter court as a case in which
It had original jurisdiction, actual jurisdiction being meant: Clark v. Hanna, 8 O. S. 199; Norton v. McLeary,
8 O. S. 206.
Justices of the peace have jurisdiction concurrent with the courts of common pleas in suits for injuries
to personal property where damages claimed exceed one hundred dollars, and do not exceed three hundred
dollars. McKibben v. Lester, 9 O. S. 627, approved: Job v. Harlan, 13 O. S. 485.
A justice of the peace has jurisdiction to recover a balance claimed to be due on a promissory note,
when the balance does not exceed the sum of three hundred dollars: Butcher v. Smith, 29 O. S. 604.
The amount claimed in the bill of particulars determines the jurisdiction: Ib.
i
Under restrictions and limitations," must be taken to refer to original acts as it stands after all the
amendments made thereto are introduced into their proper places therein: McKibben v. Lester, 9 O. S. 627.
The common pleas has original jurisdiction where the amount claimed exceeds one hundred dollars,
although the verdict may be for a smaller sum. It is the sum claimed, and not that found due, that gives
jurisdiction: Jenney v. Gray, 5 O. S. 46.
Whatever may be the amount of the verdict, the plaintiff is entitled to judgment; but as to costs, if the
recovery be less than one hundred dollars, judgment for the plaintiff's costs can not be rendered, unless
the jury have found the amount of the plaintiff's claim to be more than one hundred dollars, and have
reduced the same, by the allowance of a counter-claim or set-off, to less than one hundred dollars: Bru-
naugh v. Worley, 6 O. S. 598.
Where, in the common pleas, the recovery is for less than one hundred dollars, each party pays his own
costs: Linduff v. S. & R. Plank-road Co., 14 O. S. 336; Butler v. Kneeland, 23 O. S. 196.
In the absence of restrictions or limitations, this grant would embrace actions for injuries to the person,
where the amount of damages claimed does not exceed three hundred dollars: Brewing Co. v. Archer, 42 0. S
214. See note to same case under ? 591.
A justice of the peace has no jurisdiction of an action on the bond of a constable: Hornbuckle v.
State, 37 O. S. 362.
See note to Flory v. Voglemeier, 36 W. L. B. 9, under 2 590.
SEC. 586. [Amount may be balance of larger sum.] When the bal-
ance claimed to be due on an open or unsettled account, or a bill, note, or
bond, is less than three hundred dollars, the party by whom such balance is
claimed, may commence his action therefor before a justice of the peace, who
shall have power, and he is authorized to hear and determine the matters in
controversy, without regard to the original account or contract, and he may
367
Tit. IV, Ch. 9.
JUSTICES OF THE PEACE.
$$ 587-591.
render judgment for any balance found due not exceeding three hundred dol-
lars; and if a plaintiff appeals from a judgment entered in his favor for such
balance, and recover judgment for a sum greater than three hundred dollars,
besides interest and costs, he shall not recover costs on appeal. [52 v. 100, § 5;
S. & C. 770.]
See ? 6580.
SEC. 587. [In actions on undertakings given before justice, his juri.
diction co-extensive with county.] In actions founded upon an undertaking,
given in pursuance of law in any civil proceeding pending before a justice,
such justice, or his successor in office, shall have jurisdiction co-extensive with
his county, and where the sum due or demanded on such undertaking exceeds
one hundred dollars, the jurisdiction is concurrent with the court of common
pleas of the proper county. [51 v. 179, § 6; S. & C. 771.]
SEC. 588. [Judgment may be confessed for three hundred dollars.]
If a debtor appear before a justice of the peace, without process, and confess
that he is indebted to another, it shall be lawful for such justice, on the appli-
cation of the creditor, to render judgment on such confession against the debtor
for a sum not exceeding three hundred dollars. [52 v. 100, §7; S. & C. 771.]
As to confession of judgment in other courts, see ? 5321 et seq.
The appearance must be in person, and not by agent or attorney: McCleary v. McLain, 2 O. S. 368.
Where there is a paper read in court and filed, offering to confess judgment for a certain amount, it
comes under an offer in writing in the justice's act of 1853, and plaintiff can not recover costs unless he
recover more than the amount tendered: Carpenter v. Kent, 11 O. S. 554.
SEC. 589. [Jurisdiction of justices in cases of replevin.] Justices of
the
peace shall have exclusive jurisdiction in all cases of replevin where the
value of the specific personal property, the possession of which is sought to be
recovered, is less than one hundred dollars, and concurrent jurisdiction with
the court of common pleas in all cases where the value of such property is one
hundred dollars and not more than three hundred dollars. [70 v. 259, § 139;
(S. & C. 794).]
SEC. 590. [Cases in which justices have jurisdiction.] Justices shall
have jurisdiction in actions in which the title to real estate may be drawn in
question:
1. In actions for trespass on real estate where the damages demanded for
such trespass do not exceed one hundred dollars.
2. In actions to recover from the owner or owners of adjoining land, their
equal proportion of the expense incurred in obtaining evidence under section
eleven hundred and ninety-two. [88 v. 262; 51 v. 179, § 9: S. & C. 771.]
As to limitation of time within which action for trespass may be brought, see? 4982.
Actual or constructive possession, and not merely right of possession, is necessary to maintain this action:
Beggs v. Thompson, 2 O. 95; an owner wrongfully kept out of possession can not maintain it: Rowland v.
Rowland, 8 0.40; and the possession of a tenant is not sufficient: Miller v. Fulton, 4 O. 433; but an action
will lie in favor of a tenant against the owner for destroying fixtures erected by the tenant under a license
from the owner: Wilson v. Chalfant, 15 O. 248.
This action can not be brought for consequential damages, as for a nuisance: Nichol v. Patterson, 4 0.
200; Harrington . Heath. 15 O. 483.
In an action before a justice of the peace to recover damages, caused by defendant's stock breaking through,
a fence and destroying the plaintiff's crops, growing on lands of which he was a tenant in possession, where
the damages claimed and judgment rendered before the justice were both more than one hundred dollars,
the justice had no jurisdiction of the action, and the proceedings and judgment therein, before him, were
void: O'Neal v. Blessing, 34 O. S. 36.
Taking gravel from land is trespass on real estate: Flory v. Voglemeier, supreme court without report,
36 W. L. B. 9. This section subject to restrictions of ¿ 585: Id.
ૐ
See note to Coles v. Reiger, 2 C. C. 50, under 591.
SEC. 591. [Cases in which justices have no jurisdiction.] Justices
shall not have cognizance of any action:
1. To recover damages for an assault, or assault and battery; or,
2. In an action for malicious prosecution; or,
3. In actions against justices of the peace or other officers, for misconduct in
office, except in the cases provided for in this chapter: or,
4. In actions for slander, verbal or written; or,
368
$$ 592-593.
JUSTICES OF THE PEACE.
5. In actions on contracts for real estate; or,
Tit. IV, Ch. 9.
6. In actions in which the title to real estate is sought to be recovered, or
may be drawn in question, except in the cases provided for in the last preced-
ing section. [88 v. 262; 51 v. 179, § 10; S. & C. 772.]
Final jurisdiction of penalty for shipping or using unbranded oil in mines, see 306a.
Although a court may acquire jurisdiction of parties by their consent, yet a court of special and lim-
ited jurisdiction can not, as such court, acquire jurisdiction of a subject-matter not conferred by the law of
its creation: Gilliland v. Seller's Admr., 2 O. S. 223.
Justices have no jurisdiction of an action for a nuisance: Nichol v. Patterson, 4 O. 200; nor against a
postmaster: Ford v. Parker, 4 O. S. 576.
Where a case is dismissed for want of jurisdiction of the subject-matter, the justice can render no judg-
ment for costs: Norton v. McLeary, 8 O. S. 205.
Contracts to clear land, to repair tenements, to build houses, to leave land in good tenantable repair, to
pay rent, and the like, are not real contracts within the meaning of this section: Bridgmans v. Wells, 13 0.43.
See Glover v. Moses, 13 O. 321; contra, Harrington v. Heath, 15 O. 483; Caldwell . Dunishee, 15 0.488; Fee v.
Big Sand Iron Co., 13 0. S. 563.
A leasehold for years is a chattel real, and when the title to it is drawn in question, justice of the peace
has no jurisdiction: Bowers v. Pomeroy, 21 O. S. 184.
Justice of the peace has no jurisdiction of an action against the owner or lessee of premises who know-
ingly permits intoxicating liquors to be sold thereon, by any other person not the agent of such owner or
lessee, in violation of 22 4356-4364: Ib.
Has jurisdiction in a case of nuisance to real estate where damages are under one hundred dollars:
Maeller v. Flowers, 7 O. (2 pt.) 230.
When a statute specifically confers jurisdiction on a justice of the peace it is no objection that such
jurisdiction is inhibited by this section: Trustees v. Tuttle, 30 O. S. 62; Brown, Guardian v. Burdick, 25 O. S. 260.
An action upon the bond of an executor or administrator, for the causes mentioned in part seven of the
"act to provide for the settlement of the estates of deceased persons" (S. & C. 601), can not be brought before
a justice of the peace: Hackworth et al. v. Robinson, 31 O. S. 655. See @ 6215.
A justice of the peace has no jurisdiction of an action on the bond of a constable: Hornbuckle v. State,
37 O. S. 363.
Under 2 585, Revised Statutes, jurisdiction is conferred on justices in an action for the recovery of
damages for trespass upon the person of another; and 2591 does not restrict or limit such jurisdiction, unless
the trespass complained of constitutes the offense of assault and battery: Brewing Co. v. Archer, 42 O. S. 213.
See notes to decisions under 2 582.
Suit to recover purchase money for real estate, where contract has been executed, deed made, and title
passed, can be brought before a justice of the peace: Green v. Sewell (Ham. Dist. Court), 5 W. L. B. 440.
Action for damages for breach of contract to sell real estate, is not within jurisdiction of a justice of the
peace: Blackburn v. Sewell (Ham. Dist. Court), Ib. 712.
A justice of the peace has not jurisdiction of an action brought to recover damages for injury to personal
property caused by the flow of water from the premises of the defendant, resulting from the bursting of the
water pipes on said premises. To maintain such action, the plaintiff must prove that the defendant had
some title (by possession or otherwise) to the premises from which the water flowed, and the jurisdiction of
the justice is thereby excluded: Coles v. Reiger, 2 C. C. 50.
If plantiff tenders an equity issue the justice must dismiss. The effect of advancements on distribu-
tion between heirs is an equity issue: Moore v. Freeman, 50 O. S. 592.
An action for the price of real estate, if arising out of a contract of sale, is on a contract for real estate
and not within the jurisdiction: Crafts v. Prior, 51 O. S. 21.
An action on a breach of covenant against incumbrances involves title, and is therefore not within a
justice's jurisdiction: Van Dyke v. Rule, 49 O. S. 530.
SEC. 592. [Justices shall make out lists of causes on their dockets.]
Each justice of the peace shall, on the first Monday of April in each year,
make out two certified lists of all causes on his docket, civil and criminal, in
which money has been paid and remains in his hands for a period of one year
or more, designating to whom the same is payable, and the amount payable to
each; one of which lists he shall, on or before the next succeeding Monday, set
up in some conspicuous place in his office, and the other in the office of the
clerk of the common pleas court of his county; and when any justice of the
peace retires from office, whether by expiration of term without re-election,
resignation, or otherwise, he shall, within one week after so retiring, make out.
two like lists, but containing all causes in which money has been paid and
remains in his hands, without reference to the time when the same was received;
one of which he shall, within one week thereafter, set up in some conspicuous
place in the office of the justice of the peace with whom he is required to
deposit his civil docket, and the other in the office of the clerk of the court;
and in case of the death of a justice of the peace, his legal representative shall,
within one week after qualifying as such, make and set up like lists, in the
same places as herein specified. [70 v. 296, § 1.]
Money paid to justice of peace is payable by him to party entitled on demand: Lindeman v. Ziegler
(Ham. Dist. Court), 12 W. L. B. 319.
SEC. 593. [Disposition of unclaimed moneys, costs, etc.] All such
moneys, whether fees, costs, debts, damages, or other moneys, so specified in
369
Tit. IV, Ch. 9.
JUSTICES OF THE PEACE.
$594.
said lists, as remain in the hands of the justice or ex-justice, or the legal repre-
sentative of either, so advertising the same, at the expiration of one year after
the time of such advertisements, shall be by him paid over to the treasurer of
the county, taking his duplicate receipts therefor, containing a copy of said
lists, one of which he shall retain and preserve, and the other of which he shall
forthwith file with the auditor of the county; and any person entitled to any
of such moneys shall receive a warrant therefor from the auditor of the county
on the county treasurer, upon producing the certificate of the justice or
ex-justice by whom the same was paid over, or his successor in office, or upon
his otherwise satisfactorily showing that he is entitled to the same. [70 v.
296, § 2.]
SEC. 594. [The civil docket: what it must contain.] Each justice of
the peace must keep a book denominated a docket, which shall be furnished by
the trustees of the proper township, in which must be entered by him-
1. The title of each action, in which the writ is served, or when the parties
voluntarily appear.
2. The date of the writ, the time of its return, and if an order to arrest the
defendant or attach property was made, such fact must be stated, together with
the affidavit upon which such order was made.
3. The filing of the bill of particulars of either party, and nature thereof,
and when not of too great length, the same shall be entered at length on the
docket.
4. Which of the parties, if either of them, appears at the trial.
5. Every adjournment, stating on whose application, whether on oath or
consent, and to what time.
6. When trial by jury is demanded, the demand must be stated, and by
whom made, the names of jurors selected, and the time appointed for the trial.
7. The names of the jurors who appear and of those sworn, the names of
all witnesses sworn, and at whose request.
8. The exceptions to the ruling of the justice, on questions of law, taken
by either party.
9. The verdict of the jury, and when received; and if the jury disagree
and are discharged, that fact must be stated.
10. The judgment of the justice, specifying the items of costs included,
and the time when rendered.
11. The issuing of execution and orders to sell, when issued, and to whom,
the renewals thereof, if any, when made, the return, and when made, and a
statement of any money paid to the justice, and by whom.
12. The giving of a transcript, to be filed in the clerk's office, and when given.
13. If appeal is taken, the undertaking and the time of entering into the
same, and by which party taken.
14. The undertaking for stay of execution, and the time of giving the same.
15. The satisfaction of the judgment, and the time of satisfying the same.
[51 v. 179, § 203; S. & C. 804.]
Section construed in Meyer v. Keveny 7 C. C. 405, 407; Chapman v. Seely 8 C. C. 179, 186; 1 O. D. 439.
The whole return of a writ need not be copied into the record but only the date of the writ and time
of return: Cook v. Dinsmore 5 C. C. 385.
In forcible entry and detainer, the justice has no authority to sign or enter a bill of exceptions, and if
he does, it will not be regarded by the higher courts: Barto v. Abbe, 16 O. 408, But see 26565 and State v.
Bickham, 4 C. C. 246, 248.
When the date of the arrest of the defendant became material, in the course of a trial for a criminal
offense: Held, that a transcript of the preliminary proceedings before the justice of the peace, showing the
date of the return of the warrant of arrest, is not competent evidence to prove the time when the arrest was
made. The statute only requires the justice to enter on his docket the date of the return of the writ, and
makes his transcript evidence only of the entries required to be made on his docket: Armstrong v. State, 21
O. S. 357-360.
The transcript of a justice of the peace can not be aided or varied in a court of error by parol evidence,
but may be corrected by diminution of the record: Godfred v. Godfred, 30 O. S. 57.
The statute prescribing the contents of a justice's docket, does not require any evidence to be recorded:
Baer v. Otto, 34 O. S. 15.
Restoration of lost, etc., docket, see ? (609—1).
SEC. 594a. [Offices in certain townships in Hamilton county.] In any
township situated within any county containing a city of the first grade, first
370
$$ 595-599.
JUSTICES OF THE PEACE.
Tit. IV, Ch. 9.
class, in which there is no township hall or other public building belonging to
to the township, each justice of the peace may provide himself with a suit-
able office at an expense not exceeding fifty dollars per year for rent of same,
payable out of the general township fund by the township treasurer upon the
certificate of such justice, countersigned by the township clerk. [91 v. 53.]
This section is valid: Editorial, 36 W. L. B. 301.
The justice may provide himself with an office, although the township trustees have themselves rented
a hall, there being no township hall or public building belonging to the township: Id.
SEC. 595. [How and when entries made.] The several particulars in
the next preceding section specified, must be entered under the title of the
action to which they relate, and at the time when they occurred, but bills of
exception, as provided for in section 6565, need not be spread upon the docket,
but the justice shall simply enter on his docket the signing and filing of the
same with date thereof. Such entries in a justice's docket, or a transcript
thereof, certified by the justice or his successor in office shall be evidence to
prove the facts stated therein. [90 v. 358; 51 v. 179, § 204; S. & C. 805.]
Construed Chapman v. Seely, 8 C. C. 179, 186; 1 O. D. 439.
SEC. 596. [Alphabetical index shall be kept by justices of the peace,
etc.] Each justice of the peace shall keep an alphabetical index to his docket,
in which he shall enter the names of the parties to each judgment, direct and
inverse, with a reference to the page of the entry; the names of each party,
plaintiffs and defendants, shall be entered in the index in the alphabetical order of
the first letter of the family names; he shall number the cases progressively on
his docket, and shall correspondingly number the papers in each case; he shall
also keep the entire papers in each action together, and in packages of proper
and convenient size, and in the order in which the cases are numbered on his
docket. [70 v. 59, § 205; (S. & C. 805).]
SEC. 597. [How justice shall dispose of dockets, laws, and papers, at
expiration of term.] Each justice, upon the expiration of his term of office,
shall deposit with his successor his official dockets, and those of his predeces-
sors which are in his custody, together with all the files and papers, laws and
statutes, pertaining to his office, there to be kept as public records and prop-
erty; if there is no successor elected and qualified, or if the office becomes
vacant by death, removal from the township, or otherwise, before his successor
is elected and qualified, the dockets and papers in the possession of such justice
must be deposited with the nearest justice in the township, if any there be,
and if there be none, then with the nearest in the county, there to be kept
until a successor is chosen and qualified, then to be delivered over to such suc-
cessor, on request. [51 v. 179, § 206; S. & C. 805.]
See note to Railroad Co. v. Fleming, 30 O. S. 480, under 3599.
SEC. 598. [Justice receiving the same shall receipt.] A justice receiv-
ing by succession, or on deposit, any such dockets, papers, and laws, shall, if
requested, give a receipt therefor to the person from whom he receives the same.
[51 v. 179, § 207; S. & C. 806.]
SEC. 599. [How justices receiving such books and papers may pro-
ceed.] The justice with whom the dockets of another are deposited, either
during a vacancy, or as the successor, is authorized, while having such dockets
legally in his possession, to issue execution on any judgment there entered,
and unsatisfied, and not docketed in the court of common pleas, in the same
manner and with the same effect as the justice by whom the judgment was
rendered, might have done; to take bail in appeal, or for stay of execution, to
issue certified transcripts of judgments on such dockets, and proceed in all
cases in like manner, as if the same had been originally had, or instituted
before him. [51 v. 179, § 208; S. & C. 806.]
Where a justice of the peace, after a civil action has been brought and continued before him, resigns.
during the pendency of the action, and his official papers and docket pass into the possession of the nearest
justice in the township, such nearest justice of the peace has authority (S. & C. 806), to try, and render a judg-
ment in the action: Railway Co. v. Fleming, 30 O. Ŝ. 480.
371
Tit. IV, Ch. 9.
JUSTICES OF THE PEACE.
$$ 600-608.
SEC. 600. [How successor designated.] When two or more justices
are equally entitled to be deemed the successor in office of a justice, the trustees
of a township shall designate which justice is to be deemed the successor of
the justice going out of office, or whose office has become vacant, and shall
enter a certificate in the last docket of the justice going out of office or whose
office is vacant, of their determination, before the same is delivered to such
successor. [51 v. 179, § 209; S. & C. 806.]
SEC. 601. [If justice sick, or absent, another justice to try cause.]
In case of the sickness or other disability, or necessary absence of a justice, at
the time appointed for trial, another justice of the same township, may, at his
request, attend in his behalf, and shall thereupon become vested with the
power, for the time being, of the justice before whom the summons was return-
able: in that case, the proper entry of the proceeding before the attending
justice, subscribed by him must be made in the docket of the justice before
whom the writ was returnable: if the cause is adjourned, the justice, before
whom the summons was returnable, must resume jurisdiction. [51 v. 179,
§ 210; S. & C. 806.]
SEC. 602. [Papers void, if, etc.] The summons, execution, and every
other paper made or issued by a justice, must be filled up without a blank to
be filled by another, otherwise it is void. [51 v. 179, § 211; S. & C. 806.]
SEC. 603. [Justice may depute person to serve process.] A justice,
at the request of a party, and on being satisfied that it is expedient, may
specially depute any discreet person of suitable age, and not interested in the
action, to serve a summons or execution, with or without an order to arrest the
defendant, or to attach property: such deputation must be in writing on the
process. [51 v.179, § 212; S. & C. 806.]
SEC. 604. [Authority of such person; fees.] The person so deputea
has the authority of a constable, in relation to the service, execution, and
return of such process, and is subject to the same obligations, but there can be
no fee for his services taxed in the bill of costs. [51 v. 179, § 213; S. & C. 806.]
SEC. 605. [Contempts which justice may punish.] A justice may
punish, as for a contempt, persons guilty of the following acts, and no others:
1. Disorderly, contemptuous, or insolent behavior toward the justice, tend-
ing to interrupt the due course of trial, or other judicial proceeding before him:
2. A breach of the peace, boisterous conduct, or violent disturbance, tend-
ing to interrupt the due course of a trial, or other judicial proceeding:
3. Willful resistance in the presence of the justice, to the execution of a
lawful order, or process, made or issued by him. [51 v. 179, § 214; S. & C. 806.]
SEC. 606. [Arrest, trial, and sentence in such case.] A warrant of
arrest may be issued by such justice, on which the person so guilty may be
arrested and brought before the justice, when an opportunity to be heard in
his defense, or excuse, must be given: the justice may thereupon discharge
him, or may convict him for the offense, and adjudge a punishment by fine or
imprisonment, or both; such fine not to exceed twenty dollars, and such
imprisonment ten days. [51 v. 179, §215; S. & C. 806.]
SEC. 607. [Docket entry and warrant of commitment: what to con-
tain.] The conviction, specifying particularly the offense and the judgment
thereon, must be entered in his docket; a warrant of commitment to the jail
of the county, until the fine is paid, or for the term of imprisonment, may
then be issued; such warrant must contain a transcript of the entry in the
docket, and the same must be executed by any constable to whom it is given,
and by the jailer of the county. [51 v. 179, §216; S. & C. 807.]
SEC. 608. [Appointment of special constables.] It shall be lawful for
a justice of the peace, upon the written application of three freeholders of the
372
§§ 609-611.
JUSTICES OF THE PEACE.
Tit. IV, Ch. 9.
township in which said justice shall reside, to appoint one or more special con-
stables who shall be electors of said township, whose duty it shall be to guard
the property of said freeholders designated (in general terms) in such applica-
tion, and protect the same from all unlawful acts; and the constable 80
appointed shall have the same authority and be subject to the same obligations
as constables, mentioned in sections six hundred and three, six hundred and four
and seven thousand one hundred and twenty-nine of the Revised Statutes. [1886,
March 10: 83 v. 29; Rev. Stat. 1880; 68 v. 120, §1.]
SEC. 609. [Record, compensation, etc.] The justice making such
appointment shall make a memorandum thereof upon his docket, and the
same shall continue in force for one year, unless sooner revoked by him: the
constables appointed by virtue of this and the preceding section, shall be paid
in full for their services by the freeholders for whose benefit they are appointed,
and shall receive no compensation except from said freeholders. [68 v. 120, §2.1
(609-1) [Restoration of records of justices' and mayors' courts.]
An act entitled an act to amend section five thousand and eighty-four and sec-
tion nine hundred and seven, as amended April 2, 1880, and to supplement sec-
tions five thousand three hundred and thirty-nine, five hundred and twenty-eight,
nine hundred and seven, four thousand nine hundred and thirty-five, and seven thou-
sand and ninety-two of the Revised Statutes of Ohio, passed April 12, 1884, be
and the same is hereby made applicable to justices' and mayors' courts. [83
v. 207.]
CRIMINAL JURISDICTION AND POWERS.
SEC. 610. [Criminal jurisdiction of justices.] Every justice of the
peace shall be a conservator of the peace, and shall have jurisdiction in crim-
inal cases throughout the county in which he is elected and where he resides,
on view, or on sworn complaint, to cause every person charged with the com-
mission of a felony, or misdemeanor, to be arrested and brought before himself,
or some other justice of the peace, and on such person being brought before
him, to inquire into the complaint, and either discharge or recognize to be and
appear before the proper court at the time in such recognizance named, or
otherwise dispose of the complaint as is provided by law; and he also shall
have authority to hear complaints of the peace, and issue search warrants. [66 v.
287, §§ 1, 13, 23, 30; (S. & C. 810).]
The act passed in 85 v. 285 gives justices of the peace, mayors, and police judges final
jurisdiction for violation of certain game laws. See? (6968-5).
As to jurisdiction of justices of the peace, mayors, and police judges in actions brought
to secure payment of wages to certain employes twice in each month (85 v. 251; 86 v. 145),
see ? (4364-63) et seq.
Final jurisdiction for hunting on another's land, see? (6966—1).
Jurisdiction of cases of adulteration of food and cruelty to animals; juries in such
cases, see ? 3718a.
Restoration of destroyed or lost docket, see ? (609—1).
A person brought before a justice of the peace, charged with an offense, may, notwithstanding he plead
not guilty, waive an examination of witnesses to sustain the charge, and submit to be bound over without
such an examination: State v. Ritty, 23 O. S. 562.
Every justice of the peace is a conservator of the peace: State ex rel. v. Hudson, 44 O. S. 141.
SEC. 611. [Justice must keep criminal docket.] Every justice of the
peace shall provide himself with a good and substantial criminal docket, in
which he shall enter all the proceedings before him in every criminal case, with
the same particularity as is required in his civil docket as to civil actions; to
which docket he shall make and keep up an alphabetical index, in which he
shall enter the names of all persons defendant in such cases, with reference to
the pages of the entries. [40 v. 53, § 3; S. & C. 820.]
Section 33 of the act of March 27, 1837 (S. & C. 815-819), prescribing forms for justices of the peace in
criminal cases, has not been repealed by the Code of Criminal Procedure (66 v. 287 et seq.): Gamble v. State,
21 O. S. 183.
373
Tit. IV, Ch. 9.
JUSTICES OF THE PEACE.
§§ 612-616.
SEC. 612. [Criminal docket, with papers in pending cases and dockets
of predecessors, to be delivered to successor.] The personal representative
of every justice of the peace, in case of his resignation, removal, or the expira-
tion of his term without a re-election, or in case of his death, shall deposit his
criminal docket with his successor in office, or if there is no successor, then with
the clerk of the township, to be delivered to such other justice of the peace of
the township as the trustees designate; and with the docket shall be delivered
all dockets of predecessors held by him, and all papers pertaining to causes
undisposed of; and the justice receiving such docket may proceed in any pend-
ing causes as if the original proceedings were commenced before him. [40 v.
53, § 3; S. & C. 820.]
SEC. 613. [Purchase of criminal docket, desk and stationery.] Each
justice of the peace may retain out of any fines or other moneys belonging
to the county, that come into his hands in criminal proceedings, the amount
paid for a criminal docket; and each justice of the peace except justices who
receive a salary, may retain out of any such fines or other moneys belonging
to the county, coming into his hands in criminal proceedings, an amount not
exceeding the sum of twenty dollars for the purchase of a suitable and con-
venient desk in which to keep the dockets, files and other papers, books, and
documents of his office, which desk shall be the property of the county and
shall be turned over by each justice of the peace to his successor; and each
such justice of the peace may expend of such moneys coming into his hands
as aforesaid, not exceeding the sum of five dollars per annum for the purchase
of the necessary paper, blanks, and other stationery for his office; provided no
such justice shall be entitled to purchase such desk in case he has received
from his predecessor a suitable desk for the purposes aforesaid; and every jus-
tice of the peace who shall pay out money for the purposes aforesaid shall file
with the county auditor at the expiration of his term of office a sworn item-
ized statement of such purchases and of the money so expended, and in mak-
ing the statement provided for in section 619 of the Revised Statutes a justice.
of the peace having made such expenditures or having such moneys in his
hands contemplated for such purposes shall include the moneys so paid out or
held by him in contemplation of such purchases. [90 v. 208; 40 v. 53, § 3;
47 v. 38, § 4; S. & C. 820; S. & C. 822.]
SEC. 614. [In summary convictions before justices, bills of exceptions
may be taken.] In all cases of summary conviction before a justice of the
peace of any offenses punishable by fine or imprisonment, the party or parties.
defendant shall have the right to except, and to have a bill containing the
exceptions signed by such justice of the peace, and made part of the record;
and all such convictions may be received [reviewed] by the common pleas
court on proceedings in error, and reversed or affirmed as right and justice may
require. [1887, March 5: 84 v. 44; Rev. Stat. 1880; 47 v. 38, § 2; (S. & C. 821).]
SEC. 615. [Justice's fees for same.] For signing such bill of exceptions,
the justice shall be allowed ten cents, and for copying and certifying the tran-
script of the proceedings and such bill of exceptions, ten cents for every hun-
dred words, to be taxed in the cost bill and collected as other costs are collected.
[1887, March 5: 84 v. 44; Rev. Stat. 1880; 47 v. 38, § 3; (S. & C. 822).]
SEC. 616. [Special constables may be appointed in certain townships:
their duties and compensation.] When, in the opinion of the justice of the
peace in any township situated on and consisting in whole or in part of one
or more islands in any lake in this state, or in township adjoining or abutting
any lands or premises belonging to any state or national home for disabled
volunteer soldiers in this state, or in any township adjoining or abutting any
lands or premises belonging to any disabled volunteer soldiers' home in this
state, the constables of his township are insufficient to maintain the.peace and
374
S$ 617-621.
JUSTICES OF THE PEACE.
Tit. IV, Ch. 9.
duly enforce the laws for the preservation of order therein, he may appoint.
any number of special constables, not exceeding ten (10), who shall be conser-
vators of the peace within such township, and have the same powers as are
conferred by law upon constables in criminal causes; he shall make a mem-
orandum of such appointment upon his docket, and the same shall continue
in force for one year unless revoked by him; such special constables shall re-
ceive the same fees as are paid by law for similar services to regular constables.
in other cases. [90 v. 128; 65 v. 162, § 1; S. & S. 429.]
SEC. 617. [Justice shall pay over fines collected to county treasurer.]
All fines collected by a justice of the peace shall be paid by him, unless other-
wise provided by law, to the treasurer of the county where the offense was com-
mitted, for the use of such county, within thirty days after the same are
collected. [35 v. 87, § 28; S. & C. 814; (S. & C. 451).]
See note under ? 2104, to Cleveland v. Jewett, 39 O. S. 271.
SEC. 618. [On his failure to pay over, suit shall be brought and fine
imposed.] If a justice fails to pay over such moneys, as aforesaid, the treas-
urer of the proper county shall bring suit in the name of the state, for the
recovery of the same, and interest thereon, and the court in rendering judg-
ment therefor shall add a penalty of ten per cent. on the amount that the
court finds the justice should have paid over. [35 v. 87, § 29; S. & C. 815.]
SEC. 619. [Justice shall render to auditor yearly statement of fines,
etc.] Each justice of the peace shall, on or before the first day of February, in
each year, make out and deliver to the auditor of the county, in which the
justice resides, a statement in writing, of all fines assessed by him as such
justice, for the year ending on the first day of January next preceding, con-
taining in each case the name of the party, the amount of the fine, the costs
thereon, the time when assessed, and whether execution has been issued, and
the return thereon, or, if no execution has been issued, the reason for not
issuing the same; and if the fine has been made, the justice shall produce to
the auditor the receipt of the proper officer for the payment of the same; and
in case no fines have been assessed by such justice, for the time aforesaid, then
the justice shall return that fact, at the time aforesaid; which statement must
be certified by the justice to be a true and correct transcript from his docket;
and he shall, in the same report, make like statements as to all causes in which,
prior to said year, fines were imposed, which, or any part thereof, have been
collected within the year. [40 v.53, § 2; S. & C. 820.]
SEC. 620. [When justice shall act as coroner.] When the office of
coroner becomes vacant, in any county, by death, resignation, expiration of
the term of office, or otherwise, or when the coroner is absent from the county,
or unable from sickness or other cause to discharge the duties of his office, or
resides more than ten miles distant from the place where the dead body of any
person, supposed to have come to his or her death by violence or casualty, is
found, any justice of the peace of the county is vested with all the powers,
and shall perform all the duties appertaining to the office of coroner, so far as
it respects the power and duty of a coroner to hold inquisitions over any dead
body found, as aforesaid; and when acting in the capacity of a coroner, every
such justice is entitled to the same fees as are allowed by law to coroners in
such cases. [51 v. 179, § 8; S. & C. 771.]
FEES.
SEC. 621. [Fees of justices of the peace, Toledo.] Except as herein-
after provided, justices of the peace, for services rendered, shall be entitled to
the following fees: For summons for each defendant named in the writ, twenty-
five cents; for order of arrest, capias, writ of attachment, writ of replevin or
mittimus, forty cents; for each subpoena, for one person twenty-five cents for
each person in addition named in the subpoena, five cents; for venire for jury,
375
Tit. IV, Ch. 9.
JUSTICES OF THE PEACE.
§ (621-1).
forty cents; for issuing execution, forty cents; for warrant in criminal cases,
for each person named in the writ, forty cents; for each search warrant, forty
cents; for writ of restitution, forty cents; for taking and certifying affidavit,
forty cents; for order on jailer for prisoner or prisoners, forty cents; for enter-
ing a discontinuance or satisfaction, twenty cents; for entering bond or under-
taking by either party, forty cents; for filing papers necessary to be preserved
by justice, five cents each; for each recognizance of bail in civil causes, forty.
cents; for bill of exceptions and copy, fifteen cents for each one hundred words;
for certifying the same, twenty-five cents; for transcript from docket, fifteen
cents per hundred words, and for certifying the same, twenty-five cents; for
appointing guardian for minor to prosecute suit, twenty-five cents; for appoint-
ing special constables or appraisers, forty cents each; for taking recognizance
of a witness, forty cents; for each additional witness, ten cents; for each recog-
nizance of bail in criminal causes, forty cents; for each continuance or adjourn-
ment by either party, twenty cents; for entering a rule of reference or copy
thereof, fifteen cents; for swearing witnesses or arbitrators, five cents each; for
entering judgment, forty cents; for acknowledging deeds or other instruments
of writing with a certificate thereon, forty cents; for sitting in the trial of any
cause, civil or criminal, where a defense is interposed, whether tried to the
justice or to a jury, one dollar; for judgment on docket, fifteen cents; for col-
lections made upon judgments, if not paid within ten days after rendition of
same, or within ten days after stay of execution, if such stay is taken, the same
fees as are allowed by section 622 of the Revised Statutes to constables for
money paid on execution; for taking depositions and certifying the same, ten
cents per hundred words; for marrying and making return, two dollars; for
taking and certifying proof of any account or claim against the estate of testa-
tors or intestates, twenty-five cents; for each process required by law not herein
named, forty cents; for each writing or record not herein provided for, fifteen
cents per hundred words; and all justices of the peace and notaries public
shall, upon request, administer and certify to all oaths required in the
curement of bounties and pensions and payment of pensions, and they shall
be entitled to charge and receive for each oath so administered and certified
the sum of ten cents. Provided, however, that in actions in city and justice
court in all cities of the third grade of the first class and in township or town-
ships therein having a city and justice court, the judges of which are justices
of the peace, in and for said city and townships, the costs charged and taxed
in said actions shall be subject to the provisions of an act providing for city
and justice courts in cities of the third grade of the first class and townships
therein. [93 v. 322; 92 v. 119; 91 v. 292; 76 v. 18, § 1; 62 v. 89, § 1; S. & S. 367;
S. & C. 637.]
pro-
(621-1) [Judges and justices of the peace in Toledo; election:
terms; jurisdiction; powers; election of justice in 1900; number; vacan-
cies, etc.] In all cities of the third grade of the first class, and township or
townships therein, there shall be four judges and justices of the peace in and
for said cities and townships. They shall be elected at the regular municipal
election of said cities in the same manner, and shall hold their office for the
same term, possess the same jurisdiction, powers, duties and liabilities, and,
except as otherwise provided in the Revised Statutes of Ohio, be subject to the
same qualifications and disqualifications as justices of the peace for townships;
but the justices of the peace of said townships in office at the time this act
shall take effect, including any justices of the peace elected in the year 1898,
shall continue to hold their offices, under the provisions of this act, for the
term for which they were elected, and the files, records and dockets belonging
to or appertaining to those offices of justice of the peace shall belong to and be
filed and safely kept in the clerk's office hereinafter mentioned. After the
376
§ (621—2).
JUSTICES OF THE PEACE.
Tit. IV, Ch. 9.
passage of this act any of said justices, during their term of office, shall be and
are hereby authorized and empowered to issue executions upon any judgment
appearing upon any of said dockets, in the same manner and with like effect
as if said judgment had been rendered by him. At the annual municipal
election in April, 1900, there shall be elected in each of said cities one judge
and justice of the peace of said city and justice court for the term of three
years, who shall be a judge and justice of the peace thereof in and for said city
and township or townships therein, and thereafter there shall be but three
judges and justices of the peace of said city and justice courts; and at the
annual municipal election in nineteen hundred and one there shall be elected
in each of said cities one judge and justice of the peace of said city and justice
courts, who shall, for the term of three years, be a judge and justice of the
peace thereof in and for said city and township or townships therein; and after
said municipal election in the year nineteen hundred and one there shall be
but two judges and justices of the peace of said city and justice courts in each
of said cities and townships therein, and said judges and justices of the peace
shall immediately after their election enter upon the discharge of the duties of
their offices, and their successors shall be elected for the full term of three years,
at the annual municipal election in the years in which the term of office of
said judges and justices of the peace expire, and every three years thereafter.
If any vacancy occur therein the judges of the court of common pleas of the
county containing such city shall appoint a suitable person having the requis-
ite qualifications, to fill said vacancy until the next annual municipal election;
and if the vacancy extend beyond said election, then there shall be elected at
said election a judge and justice to serve during the remainder of said vacancy.
[93 v. 323.]
One hour's delay for appearance of parties not applicable to city and justice court, see
? 6482.
How juries made up in, see ? (6549—1) et seq.
As to summons in, see ? 6475.
Jury fees in, see ? 6564.
(621-2) [Court private and jury rooms; office for clerk; dockets,
etc.] The common council in each of said cities shall immediately after the
passage of this act, provide a suitable court-room for the accommodation of each
of said judges and justices of the peace of the city and justice court, and a pri-
vate room thereof for their use, and also an office for the clerk hereinafter men-
tioned, also one jury room; all of which offices and rooms shall be contiguous to
each other; and the said common council shall further provide the necessary
dockets, books, including the Revised Statutes of Ohio, blanks, stationery, fur-
niture and fuel for the use of said judges and justices and clerk. If in any
such city there is situated a county court-house, and the rooms and offices
above mentioned can be obtained therein at a reasonable rental, said location
shall be given the preference by said council and said court shall be located
therein. [93 v. 324.]
(621-3) [Compensation; office hours.] Each of said judges and
justices of the peace shall be entitled to receive from the treasury of said city
an annual salary of eighteen hundred ($1,800) dollars, payable in monthly
installments, on the certificate of the city clerk of said city; but no such cer-
tificate shall be granted by said clerk until the judge or justice of the peace
asking for the same has made and filed with said clerk his affidavit setting
forth the number of days he has been in actual attendance at his court-room,
ready for business, during the period for which the certificate is intended to
cover, the number of days lost time, and the dates on which the same were
lost, and the aggregate lost time in the year up to the time of making of said
affidavit; and for such time only as he has been in actual attendance at his
court room ready for business shall he be allowed in such certificate, and if it
377
Tit. IV, Ch. 9.
JUSTICES OF THE PEACE.
§ (621-4).
appear by such affidavit that his non-attendance was occasioned by illness, or
that the total amount of lost time and non-attendance in any one year is less
than sixty days, he shall be chargeable with no lost time therefor, and if it
exceeds said sixty days he shall be chargeable only as to said excess. Each of
said judges and justices shall have his court room open, and he shall be in
attendance to the duties of his office therein at least from nine o'clock in the
morning until twelve o'olock noon, and from two o'clock until five thirty
o'clock in the afternoon, and the clerk's office shall be open continuously from
nine o'clock in the morning until six o'clock in the afternoon of each day,
except all legal holidays. After the municipal election in the year nineteen
hundred and one, when there shall be but two judges and justices of the peace
of said city and justice courts, they shall each receive a salary of two thousand
($2,000) dollars per annum, payable in the manner herein before stated. [93
v. 325.]
(621-4) [Clerk; term, etc.; vacancies; deputy clerks; clerk's
duties; disposition of fines, etc.; bond of clerk.] In each of said cities
there shall be one clerk for said judges and justices of the peace, to be known.
as the clerk of the city and justice court for said city and townships, and his
term of office shall be two years, dating from the first day of May, in the year
1898, and his successor shall be elected for the term of two years at the annual
municipal election in the year 1900, and every two years thereafter, and said
clerk shall hold his office until his successor is elected and qualified. Provided,
however, that the first clerk of said court shall be appointed by the common
council of said city forthwith, on the making and filing with them within.
thirty days from the passage of this act, the written recommendation of said
judges and justices of the peace holding office, of a person therein named to be
said clerk, but if for any reason such recommendation be not made and filed
within said thirty days, then the said common council shall make said ap-
pointment on their own motion, and his term shall be the same as if said
recommendation had been made, and said first clerk shall also fill out any in-
terval between the date of his appointment and the first day of May, 1898.
If any vacancy occur in the office of clerk by death, removal, resignation, or
otherwise, said vacancy shall be filled until the next annual municipal election
in the manner provided for selecting the first clerk of said court, at which
municipal election a successor shall be elected to fill the vacancy if there then
is a part of an unexpired term to be filled. The clerk of said court shall re-
ceive an annual salary of one thousand ($1,000) dollars, payable in monthly
installments from the treasury of said city; and he shall also receive as com-
pensation for his services five per centum of all fees collected and paid over by
him to said city, to be retained and deducted by him from the money before
paying it over, but the said common council may at any time revoke the ap-
pointment of said clerk by it made, for cause, on the written recommendation
of said judges and justices of the peace. The said clerk shall have the power
to appoint one or more deputies, not exceeding two, when the necessity there-
for shall be certified to by the said judges and justices, and may revoke such
appointment at pleasure, which appointment and revocation shall be operative
from the time of the filing of the certificate thereof with said common council.
Such deputies shall be authorized to administer oaths and perform generally
the duties of said clerk, and they shall receive as compensation such salaries,
payable monthly, from the treasury of said city as the said common council
of said city may determine, not exceeding the sum of six hundred ($600) dol-
lars per annum. The said clerk may require of each of said deputies a good
and sufficient bond, with such surety or sureties in such amount and with
[such] condition as he may think proper. It shall be the duty of said clerk
to keep a true and complete record of said city and justice court, and of the
proceedings therein of each of said judges and justices of the peace, and enter
378
§ (621—5).
JUSTICES OF THE PEACE.
Tit. IV, Ch. 9.
all judgments in the docket of the judge and justice rendering the same, in
the time and manner provided by law, but after such entry, each judgment
shall be signed by the judge and justice by whom it was rendered. The said
clerk shall also file and safely keep all papers and books belonging to or apper-
taining to said courts, and enter in a book provided for that purpose, a list of
the names of all jurors that sit on the trial of cases before the said judges and
justices, with the names arranged in alphabetical order, together with the date
or dates that each juror so sat, with a reference to the page of the docket where
the proceedings of the trial are entered; he shall also make all writs returnable
to said court, and upon the return day thereof assign said cause before said
judges and justices in regular rotation; and if, upon the return or adjourned
day of any cause, the judge or justice before whom said case is assigned there-
in, should be absent at the time to which the same was assigned or adjourned,
the next judge and justice shall have the same jurisdiction to proceed therein
as though it had originally been assigned before him. The clerk shall also
receive all costs, fines and dues of every description, which are provided by
law, in all proceedings in said city and justice courts, and shall pay the same
weekly to the treasurer of said city, and take his receipt therefor. He shall
keep a book showing all receipts and disbursements, which shall be open to
public inspection at all times, and make a report of all receipts and disburse-
ments to the city auditor on the first and third Mondays of each month, for
the intervening period. He shall have power generally to administer oaths
and take affidavits, and before entering upon the duties of his office he shall
make and file in the office of the clerk of said city, a bond in the penal sum of
five thousand dollars ($5,000), with two or more sufficient sureties, to be ap-
proved by the common council, conditioned that the said clerk shall weekly,
well and truly pay to the said city treasurer, all moneys received by him as
said clerk, for the use of said city, and otherwise fully and faithfully discharge
all the duties of said office. [93 v. 325.]
(621-5) [Fees paid before commencing action and trial; when not
required; fees to be taxed in costs; party demanding jury to advance
fees; costs in criminal cases.] Before any civil action or proceeding shall be
commenced in said city and justice court, there shall be paid to the clerk, by
the party bringing the same, the sum of one ($1) dollar, and before the trial
of any such action shall be commenced the further sum of one ($1) dollar,
but in cases of non-suit no trial fee shall be required, and proceedings in gar-
nishment shall be treated as part of the principal case, and no additional fee
shall be charged therefor up to and including the entry of judgment therein.
If any person shall satisfy one of said judges or justices by affidavit, that he
has a good, meritorious cause of action for personal services against another,
within the jurisdiction of said court, and that he has made a personal demand
of payment therefor of the debtor, and that such payment has been refused,
and shall therein also state the name and residence of the debtor, and the
amount due over and above all legal set-offs, the judge and justice before whom
such affidavit is presented may, at his discretion endorse on such affidavit
directions to said clerk to cause to be issued the proper writ in the case before
one or the other of said judges or justices without requiring the charge for
court fees for the commencement or trial of such cause to be paid in advance.
If plaintiff, in any case, recover judgment, he shall be entitled to have taxed
as part of his costs, an attorney fee of five ($5) dollars, the fees herein provided
and the constable and witness fees allowed by law. If any defendant obtain
judgment in such cause the said fees shall in like manner and for like purpose
be taxed against the plaintiff, and in favor of said defendant. If any party
demand a jury in such action in said court he shall advance the fees therefor,
and the same shall be disposed of by said clerk as is now provided by the gen-
eral statutes of the state governing justices' courts. The money so paid to
379
Tit. IV. Ch. 9.
JUSTICES OF THE PEACE.
$ (621-6).
said clerk of the city and justice court shall be for the use of the said city, and
shall be held to be in full for all city and justice court fees in civil actions, ex-
cept that if any party to such action desires to take said case to a higher court,
as provided by law, he shall first pay to the clerk of said court the further
sum of two ($2) dollars, which shall be in full for making out the necessary
transcripts, papers, etc., to take said case to said higher court, and a like fee
shall be paid in the same manner for a transcript for a lien, and he shall pay
all the costs accrued to date, and said clerk shall not deliver up said papers
until said fee and costs are paid. The sum or sums so paid shall be taxed as
costs of suit in favor of the party paying the same, if he be the prevailing
party in the suit, in addition to any other costs to which he may be entitled
by law. In criminal cases the same costs shall be paid, and in the same man-
ner as in such proceedings before justices of the peace in townships, except
that the same shall be paid to the said clerk, as in civil cases is provided. [93
v. 327.]
(621-6) [Certain fees of justices and constables unaffected by act.]
This act shall in no way affect the fees to which justices of the peace may be
entitled on the performance of marriage ceremonies, taking acknowledgements
and administering oaths in matters not connected with any litigation in said
city and justice court; nor shall it affect the fees to which constables are en-
titled, or the present method of paying them. [93 v. 328.]
"
(621-7) [Seal of clerk; clerk to sign all writs, etc.; bills of excep-
tions.] The clerk of said city and justice court mentioned in supplemental sec-
tion 621—4 of the Revised Statutes of Ohio, shall have a seal, which shall have
engraved thereon the coat of arms of the state, as described in section 15 of the
Revised Statutes of the state, and shall be one and three-fourths inches in
diameter, and shall be surrounded by these words: "The city and justice court
of the city of
and township of
in the county of
and
state of Ohio," (insert the name of the proper city, townships and county,)
but shall not have any other words or devices engraved thereon. Said clerk
shall sign all writs, process, papers, etc., issuing out of said court, and attach
the seal of said court thereto, and when so signed and sealed it shall have the
same force and effect as the signing of the same by a justice of the peace has
heretofore had, except as hereinafter provided; provided, however, that bills
of exceptions must in addition thereto be allowed and signed by the judge and
justice of the peace of said city and justice court in the same manner in which
they have heretofore been allowed and signed by a justice of the peace. [93 v.
328.]
See repealing clause after 2 6564.
SEC. 621a. [Salary, clerk hire, office rent, etc., in Cleveland; Cincinnati
township.] In all cities in this State of the second grade of the first class,
each justice of the peace, for services rendered, shall receive in lieu of all fees
a salary of eighteen hundred dollars, and six hundred dollars for clerk hire,
and not exceeding three hundred dollars for office rent, per annum, payable
out of the city treasury in quarterly payments, on the first Saturday of Janu-
ary, April, July and October in each year, together with such suitable office
furniture as the council of such cities may provide, not exceeding in value two
hundred ($200) dollars; the said furniture when so provided to be and remain
the property of the city, and to be turned over by each outgoing justice of the
peace to his successor in office; he shall also be provided by such council with
all necessary blanks and stationery; and in all townships whose boundaries
are or which may hereafter be wholly within the limits of a city of the first
grade of the first class, each justice of the peace shall, in like manner, receive a
salary of two thousand five hundred dollars per annum, and seven hundred
and fifty dollars for clerk hire, and shall be provided with such suitable office
380
SS 6216-621c.
JUSTICES OF THE PEACE.
Tit. IV, Ch. 9.
accommodations together with all necessary blanks and stationery as the board
of legislation or other legislative body having like powers of each of such cities
may direct. And hereafter there shall be not more than five justices of the
peace for each of such townships, but the provisions of this act shall not be
construed so as to prevent any present incumbent of such office from serving
out the full term to which he has been elected. And in all such townships
where there are more present incumbents of said office than the number to be
hereafter elected, no election shall be held for justice therein until by expira-
tion of their term of office the number of justices of the peace therein has been
reduced to five, and thereafter elections shall be held in such townships to fill
all vacancies occurring in such office. [90 v. 294; 88 v. 522; 83 v. 168.]
This act, though local, is valid: Hart v. Murray, 48 O. S. 605.
See note to Pfeiffer v. Green et al., 3 N. P. 156; 4 O. D. 239, under 2 568.
This section does not modify 2 568, and if by the annexation of territory, more justices are brought into
the township than this section allows, the number would be reduced by a failure to elect: Pfeiffer v. Green
et al., 3 N. P. 156; 4 O. D. 239. This section applies to election of justices: Id.
SEC. 621b. [Duty as to fees.] It shall be the duty of each of said jus-
tices of the peace, whose salaries are provided for in said supplementary section
621a of the Revised Statutes of Ohio, to collect the fees as provided in sections
six hundred and fifteen and six hundred and twenty-one of the Revised Statutes of
Ohio, and make return under oath to the city treasurer on the first Saturday
of January, April, July and October of each year, of all fees collected by him,
and pay the same into the city treasury; he shall also make a return to the
city treasurer of all fees at the same time due and uncollected; he shall, within
five days after the expiration of his term of office, make an itemized state-
ment, under oath, to the city treasurer, of all fees uncollected by him; and it
is hereby made the duty of said city treasurer to collect said unpaid fees, out
of which he is authorized to retain ten per cent. of the amount collected for his
services, and account for the balance as other funds of such city coming into
his hands as treasurer. [90 v. 352; 88 v. 523; 83 v. 168.]
The justice may maintain an action under it for his fees, the fees when collected being payable into the
city treasury. Hart v. Murray, 48 O. S. 605.
SEC. 621c. [Salary, in Columbus; vacation of justice; office hours;
number of justices; offices for justices and clerks; jury rooms; dockets,
etc.] In all cities in this state of the first grade of the second class, each jus-
tice of the peace, for services rendered, shall receive in lieu of all fees an annual
salary of fifteen hundred dollars, payable in monthly installments, out of the
city treasury, on the warrant of the director of accounts of said city; but no
such warrant shall be granted by said director of accounts until the justice
asking for the same has made and filed with him his affidavit, setting forth
the number of days he has been in actual attendance at his court room ready
for business, during the period which the warrant is intended to cover; and
for such time thus spent in attendance to business only, shall he be allowed in
such warrant, a deduction of three dollars being made for each day's absence;
but if he is unable to attend to the duties of his office by reason of illness, or
other necessary or unavoidable cause, he shall be charged with no lost time;
provided, however, that a vacation of three weeks shall be allowed each jus-
tice annually, but not more than two judges [justices] shall be absent on such
vacation at any one period. Each of said justices shall have his court room
opened and he shall be in attendance at the duties of his office therein, from
at least eight-thirty o'clock A. M. until eleven-thirty o'clock A. M., and from
one-thirty o'clock P. M. until four-thirty o'clock P. M., each standard time;
provided, that where either of said justices is actually engaged in the trial of
à suit he shall so continue until at least five o'clock P. M., when it shall be
necessary to do so in order to finish the trial of said suit; and the said clerk's
office hereinafter mentioned shall be open continuously from eight-thirty
o'clock a. m. until five o'clock P. M., both standard time, each day, excepting
legal holidays. All original writs issued by said justices shall be returnable at
381
Tit. IV, Ch. 9.
JUSTICES OF THE PEACE.
§ 621d.
eight o'clock A. M. or one o'clock P. M., both standard time. There shall be
but four justices of the peace for any and all townships and parts of townships
whose boundaries are or may hereafter be within the limits of a city of the first
grade of the second class. The board of public works and the city council of
such city of the first grade of the second class, shall provide suitable court
rooms by the last Monday in October after the passage of this bill for the ac-
commodation of said justices of the peace, and also an office for the clerks
hereinafter mentioned; also such jury rooms as may be necessary, which offices
and rooms shall be contiguous to each other. And said board of public works
and city council shall assume the payment of any remaining rental which any
of the said justices shall have incurred by way of a contract of lease previous
to the passage of this act. The said board of public works and the city coun-
cil shall also provide necessary dockets, indexes, books, including a set of the
Ohio and Ohio state reports, circuit court reports, statutes, Swan's treatises,
blanks, stationery, furniture, fuel and telephone for the use of said justices
and clerks. [93 v. 414; 92 v. 204; 90 v. 66.]
SEC. 621d. [Clerks of justices' court in Columbus; election of clerk
and deputies; term; salary; bond; auditing clerk's accounts; collection
of fees; power to administer oaths; deputies' terms; removals, etc.] In
all cities in this state of the first grade of the second class, there shall be one
clerk and three deputy clerks, all of whom shall be electors, for said justices
of the peace.
The said clerk shall be known as the clerk of the justices' courts
of such city. The justices shall meet at the court room of the justice whose
term shall soonest expire, at nine o'clock a. m. on the last Monday of October,
each year and shall at once proceed to select the said clerk and deputy clerks
in the following manner: Each justice shall select one person for a member
of the clerical force, and from the persons thus selected the justices shall elect
the clerk by ballot, and if, after five ballots, none of the persons so balloted for
shall receive a majority vote, then the person receiving the highest number of
votes on the fifth ballot shall be declared elected, but in case there are two
persons each receiving two votes on said ballot, the clerk shall be selected from
such two persons by lot. The other three persons so selected in the first in-
stance shall be the deputy clerks. The term of office of said clerk shall be one
year, to commence on the last Monday of October following such selection.
Said clerk shall receive from the city treasury an annual salary of nine hundred
dollars, payable in monthly installments. Before entering upon the duties of
his office the said clerk shall file in the office of the city clerk a bond in the
penal sum of three thousand dollars, with two or more sufficient sureties, to be
approved by the city council of such city, conditional that the clerk shall
faithfully and properly perform the duties of his said office, and that he shall
well and truly pay to the treasurer of such city all moneys received by him or
his deputies under him, as clerk of said justices' courts, for the use of said city,
and otherwise conditioned as such city council shall prescribe. It shall be the
duty of said clerk to keep a true and complete record of all proceedings before
each of said justices, and to enter all judgments in the docket of the justice
rendering the same in the time and manner prescribed by law, which judgment
shall be signed by the justice by whom it was rendered. He shall keep true
and correct accounts of all moneys received by him or his deputies, as court
fees, for the use of such city, or for any other purpose, and shall properly ac-
count for and pay over the same to the party entitled thereto. He shall also
file and safely keep all papers and books belonging to or appertaining to said
justices courts, none of which shall be removed from said office without the
authority in writing of the justice to whom the case was assigned or the clerk
of said court, nor unless proper receipts be given therefor. The said clerk shall
make all writs returnable to the said justices in rotation, and if upon the re-
turn day or the adjourned day of any cause the justice issuing the process
382
§ 621e.
JUSTICES OF THE PEACE.
Tit. IV, Ch. 9.
therein shall be absent at the time to which the cause has been adjourned or
the process therein made returnable, the next justice in regular order of issuing
writs if present, and if not, one of the other justices shall have the same juris-
diction to proceed therein as though the cause had been originally commenced
before him, and if judgment be rendered by him in such cause the record
thereof shall be entered in the docket of the justice rendering such judgment.
It shall be the duty of said clerk to collect the fees as provided in sections 615
and 621 of the Revised Statutes of Ohio, and make return under oath to the
director of accounts of such city on blanks provided by such director, monthly
on or before the second Saturday of each succeeding month, of all fees collected
by him, and all fees taxed by him and uncollected during the month previous,
giving the style of the case and number and pages of the dockets in which
they are recorded. He shall at the same time pay into the city treasury all
such fees collected by him. It is hereby made the duty of the director of ac-
counts to audit the accounts and inspect the records of such clerk as often as
the city council may direct; but he shall not hinder the business of the clerk
nor remove the records from the office. The clerk of said justices of the peace
shall, between the first and fifteenth of March of each year, notify each person
who is indebted for fees, as shown by the dockets of said justices, for the year
previous ending December 31, to pay the same, and if the same are not paid
within one week following said March 15, execution for the same shall be issued
directed to any constable of the township. He shall, at the expiration of his
term of office, and before he shall be entitled to his salary for the last month
of his term, make an itemized statement under oath to the director of accounts
of all fees uncollected by him during his term of office. All moneys paid under
judgments rendered by said justices, and all moneys paid under garnishments
in said justices' court, and all costs, fines and dues of every description shall be
paid to said clerk or his deputy or deputies by him authorized to receive the
same, and his bond shall be conditioned for the faithful and proper disposition
of all such moneys. It shall be his duty to dispose of all such moneys as is
now provided by law. The said clerk and each of its [his] deputies shall have
power generally to administer oaths in all causes or matters brought or which
may be brought before the justices of the peace and in all business which may
pertain to the office of such justices of the peace. The term of office of each
deputy shall begin with the time of the filing of the certificate of his appoint-
ment with the city clerk of such city, and each of their terms shall end on the
third Monday of May of each year; but the deputy clerks shall be subject to
removal from office at any time for cause by the justice who selected him or by
the clerk, in which case his place shall be filled immediately by the justice
who selected the deputy so removed or by the successor in office of such justice.
Appointments and revocations of appointment of deputies shall be certified
by the justices who made the appointment to the city clerk, and such certifi-
cate shall be notice of the appointment or revocation as the case may be, and
the appointment or revocation shall be operative from the time of the filing
of such certificate. The said deputy clerks shall be under the control and di-
rection of said clerk, and shall perform such duties as he shall direct, and shall
have authority to perform generally the duties of said clerk. Each of said
deputies shall, if required by said clerk, furnish a good and sufficient bond for
the faithful discharge of his duties in such amount and with such conditions
as said clerk may prescribe. The deputies shall each receive a salary of six
hundred dollars per annum, payable in monthly installments out of the city
treasury on the warrant of the director of accounts of such city, and it is here-
by made the duty of the director of accounts to issue all warrants as herein
provided for. [93 v. 415; 90 v. 114, 66.]
SEC. 621e. [Justices, clerk and deputies cannot act as counsel, agent
or attorney.] It shall be unlawful for said justices of the peace or said clerk
383
Tit. IV, Ch. 9.
JUSTICES OF THE PEACE.
$$ 621-622.
or his deputy or deputies to act as counsel, agent or attorney for any party in
any matter, suit or proceeding within the jurisdiction of said courts. A viola-
tion of this provision shall be deemed misconduct and shall be sufficient cause
for removal from office of the party so violating. [93 v. 417.]
SEC. 621f. SEC. 1. [Compensation of justices in Youngstown town-
ship, Mahoning county; office furniture, blanks and stationery; office
hours; number of justices.] In Youngstown township, Mahoning county,
Ohio, each justice of the peace, for services rendered, shall receive in lieu of all
fees a salary of twelve hundred dollars, and one hundred and fifty dollars for
clerk hire, and not exceeding one hundred and fifty dollars for office rent, per
annum, payable out of the treasury of said township, in monthly payments,
on the first Saturday of each month, together with such suitable office furniture
as the trustees of said township may provide, not exceeding in value two hun-
dred dollars; the said furniture, when so provided, to be and remain the prop-
erty of said township and to be turned over by each outgoing justice of the
peace to his successor in office; he shall also be provided by such trustees with
all necessary blanks and stationery; he shall keep his office open and devote
his time to the duties thereof from 8:30 o'clock a. m. until 12 o'clock m. and
from 1:30 o'clock p. m. until 5 o'clock p. m. And hereafter there shall be not
more than two justices of the peace for said township, but the provisions of
this act shall not be construed so as to prevent any present incumbent of such
office from serving out the full term to which he has been elected. And in case
there are more incumbents of said office in said township than the number to
be hereafter elected, no election shall be held for justice of the peace therein
until, by expiration of their term of office, the number of justices of the peace
has been reduced to two, and thereafter elections shall be held in such town-
ships to fill all vacancies occurring in such office. [93 v. 711.]
621g. SEC. 2. [Duty as to fees.] It shall be the duty of each justice of
the peace described in the first section of this act to collect the fees as provided
in sections 615 and 621 of the Revised Statutes of Ohio, and make return under
oath to the township treasurer on the first Saturday of January, April, July
and October of each year, of all fees collected by him, and pay the same to the
township treasury; he shall also make a return to the township treasurer at
the time of all fees due and uncollected; he shall, within five days after the
expiration of his term of office, make an itemized statement under oath to the
township treasurer of all fees uncollected by him, and it is hereby made the
duty of said township treasurer to collect said unpaid fees, out of which he is
authorized to retain ten per centum of the amount collected for his services,
and account for the balance as other funds of such township coming into his
hands as treasurer. [93 v. 711.]
621h. SEC. 3. [Examination of justices' accounts.] The township trus-
tees of such township shall cause the accounts and transactions of such justice of
the peace to be carefully examined, at least twice each year, and is authorized
to take such possession of the books, dockets and papers necessasy for the mak-
ing of such examination. [93 v. 712.]
SEC. 4. This act shall take effect and be in force from and after January
1, 1899.
SEC. 622. [Fees of constables.] Constables duly elected and qualified,
for services rendered, shall be entitled to receive the following fees: For service.
and return of copies, orders of arrest, warrant, attachment, garnishee, writ of
replevin, or mittimus, forty cents, each, for each person named in the writ; for
service and return of summons, twenty-five cents for each person named in the
writ; for service and return of subpoena, twenty-five cents for one person; for
service on each additional person named in subpoena, ten cents; for service of
execution on goods or body, forty cents; for all money made on execution, four
384
:
"
§ (622—1).
JUSTICES OF THE PEACE.
Tit. IV, Ch. 9.
per cent.; for each day's attendance before justice of the peace, or jury trial,
one dollar; for each day's attendance before justice of the peace, on criminal
trial, one dollar; for each day's attendance before justice of the peace in forci-
ble detainer, without jury, one dollar; for summoning jury, one dollar; for
mileage, twenty cents for the first mile, and five cents per mile for each addi-
tional mile; for assistants in criminal causes, one dollar and fifty cents per day,
each; for transporting and sustaining prisoners, allowance made by the magis
trate, and paid on his certificate; for serving all other writs or notices not
herein named, forty cents, and mileage as in other cases; for copies of all writs,
notices, orders, or affidavits served, twenty-five cents; for summoning and
swearing appraisers in case of replevin and attachment, one dollar in each
case; advertising property for sale on execution, forty cents; for taking bond
in replevin, and all other cases, fifty cents; for each day's attendance on the
grand jury, two dollars. [62 v. 89, § 2 ; S. & S. 368; (S. & C. 638).]
A constable has no right to demand in advance of service his fees for summoning a jury, under ₹ 6561:
Moriarity v. Devine, 1 C. C. 82.
(622-1) [Administration of oaths by clerks of justices of the peace
(Cincinnati township, Hamilton county), fees and costs.] The clerks of
justices of the peace in all townships whose boundaries are or which may here-
after be wholly within the limits of a city of the first grade of the first class,
and appointed in accordance with section 621a, Revised Statutes of Ohio, as
amended May 4, 1891, shall, in addition to the duties heretofore exercised or
prescribed to be performed by them, have power to administer oaths in all
causes or matters brought, or which may be brought before the justices of the
peace for whom they serve as such clerks, and in all business which may per-
tain to the office of such justices of the peace. It shall be the duty of such
clerks to charge for such services the respective fees and costs prescribed to be
charged by justices of the peace by section 621, Revised Statutes of Ohio, and
to tax all such fees and costs in the respective causes and in the matters per-
taining to the business of such justices of the peace, and return of same shall
be made as provided by section 6216, as amended May 4, 1891. It shall be the
duty of such clerks to keep an itemized account of all fees and moneys earned
and which may be paid to and received by them in the administration of
such oaths, and weekly make complete return and payment of same to such
justices of the peace. It shall be the duty of such justices of the peace to
make return of all such fees and moneys so received by them from such clerk
to the city treasurer in the manner prescribed for the return of all other fees
earned and collected by such magistrates as provided by section 6216, Revised
Statutes of Ohio, as amended and passed May 4, 1891. [89 v. 320.]
385
Tit. V.
GENERAL PROVISIONS.
TITLE V. Benevolent Institutions.
CHAPTER 1.
1. GENERAL PROVISIONS.
CHAPTER 2. TRUSTEES.
CHAPTER 3.
OFFICERS.
Ch. 1.
CHAPTER 4. BOARD OF STATE CHARITIES.
CHAPTER 5.
INSTITUTION FOR THE DEAF AND DUMB.
CHAPTER 6. INSTITUTION FOR THE BLIND.
CHAPTER 7.
INSTITUTION FOR FEEBLE-MINDED YOUTH.
CHAPTER 7a. SOLDIERS' AND SAILORS' HOME.
CHAPTER 8.
CHAPTER 9.
CHAPTER 10.
OHIO SOLDIERS' AND SAILORS' ORPHANS' HOME.
ASYLUMS FOR THE INSane.
LONGVIEW ASYLUM.
CHAPTER 10a. OHIO HOSPITAL FOR EPILEPTICS.
CHAPTER 11. Boys' Industrial School.
CHAPTER 12. GIRLS' INDUSTIRAL HOME.
CHAPTER 12a. HOMES OF THE FRIENDLESS.
Members of legislature ineligible to be trustee, see ? (18-1).
Printing reports for use of legislature, see 2 58.
For "
an act to give preference of appointment or employment to honorably discharged
soldiers," etc. (85 v. 149), see ? (3107-48).
For "an act to prevent the making of deficiencies in the public institutions and depart-
ments of the state of Ohio" (86 v. 76), see ? (17-1) et seq.
Officers of may be required to furnish board of state charities or its secretary with
such information as is required, see 2 656.
Board of state charities to examine management and condition of, see ? 656.
Plans for new or for additions or alterations before adoption must be submitted to
board of state charities, see ? 656.
Employment of counsel by state boards and officers, see ? 202.
CHAPTER 1.
Manufacture of certain goods in institu-
tions forbidden except for its use.
Penalty.
Fees and destribution of penalty.
GENERAL PROVISIONS.
SECTION
SECTION
623. The board of any benevolent institution may
procure or appropriate real estate.
633-4.
624. Certain branches of business not to be carried
on near benevolent institutions.
633-5,
633-6.
625. Highways not to be laid out through grounds
of benevolent institutions without permis-
sion of the general assembly.
633-7.
633-8.
626. Boards may receive donations, etc.
627. Books, papers, etc., the property of the state.
628. Officers of benevolent institutions not to be interested
in contracts.
633-9.
633-10.
629.
Trustees, etc., not eligible for employe or superin-
tendent or steward.
630. Suits by the institutions.
631. Inmates to be supported by the state, except as
to clothing, traveling, and incidentals.
Benevolent institutions: payment and collection
expenses of inmates by county auditors.
632.
633. Oath of trustees and officers.
633a. Upon application the governor shall appoint police-
men for stati institutions.
633-1.
Only ten per cent. of employes, etc., to come
from same county.
633-2. Native live stock to be purchased as food.
633-3. Penalty.
Commission to make rules for interchange
of products.
Amendments.
Institution to supply other institutions
with its articles.
Accounts of interchange of products and
report thereof.
633-11. All institutions open to inspection by
county commissioners and board of
health.
633-12. Semi-annual visit of county commissioner.
633-13. Report of investigations.
633-14.
Penalty for denying or obstructing inspec-
tion.
BOARD OF VISITORS.
633-15. Board of county visitors, appointment,
qualification; term: compensation.
633-16.
633-17.
Their duties.
Their report.
child to reformatory.
633-18, Court must notify board before sending
¡
26
386
§§ 623-624.
GENERAL PROVISIONS.
For 22 623-633, see (S. & C. 180-190.)
Tit. V, Ch. 1.
The provisions of this chapter apply to the institution for feeble-minded youth (Chapter 7): State
ex rel v. Oglevee, Auditor of State, 37 O. 8. 142.
SEC. 623. [Trustees, etc., of benevolent institutions may appropriate
lands.] The board of trustees of any benevolent institution of the state is
authorized, when, in its judgment, it is necessary for the benefit of such insti-
tution, or for the more efficient and proper administration of the charities con-
templated by its organization, to acquire any real estate, right of way, or ease-
ment in real estate; and when it is unable to agree with the owner or owners
thereof upon the price to be paid therefor, said board shall by a two-thirds
vote of all the members of said board declare their intention to appropriate the
same, setting forth such intention by a resolution containing a pertinent de-
scription of the property sought to be appropriated; and on the passage of such
resolution, the yeas and nays shall be taken and with the resolution be en-
tered in full in the minutes of said board. At any time after the adoption of
the resolution, application may be made in the name of the board of trustees
as a body to either of the courts and in the manner as is provided for the ap-
propriation of private property by municipal corporations in section 2236 and
the subsequent proceedings therein shall be the same so far as applicable as
provided for municipal corporations in section 2237 and the following sections
of chapter 3, division 7, title 12, Revised Statutes; but it is optional with such
board to refuse to accept the real estate, right of way, or easement sought to
be appropriated, at the price found by the jury, in case it pays the costs and
necessary expenses to the property owner incurred in such proceeding, to be
fixed by the court on application of the board; but no such board may insti-
tute proceedings to appropriate property unless money has been appropriated
by the legislature for the purpose of acquiring real estate or a right of way or
easement therein. Provided, however, that when any board of trustees bring
their action against any parties not unknown or not legally incapacitated from
entering into a contract and, after service is complete, tender in writing to such
owner or owners the amount of compensation and damages they are willing to
pay such owner or owners, and such owner or owners neglect or refuse to accept
said tender and the jury thereafter find and allow in said proceedings compen-
sation and damages not exceeding in the aggregate, the aggregate of the
amount theretofore tendered by said board of trustees, then said owner or
owners shall pay all costs made in said proceedings subsequent to said tender.
[92 v. 343; 72 v. 148, § 1.]
SEC. 624. [Offensive and noisy factories not to be erected or carried
on within certain distance of any benevolent institution.] It is unlawful
for a person or an incorporated company to erect or carry on, within one hun-
dred and twenty rods of Longview asylum, or any state benevolent institution,
any rolling mill, blast furnace, nail factory, copper smelting works, boiler fac-
tory, petroleum oil refinery, slaughter house, tallow chandlery, or glue, soap,
or starch factory, or any other works or business productive of unwholesome
or noxious odors or gases, or loud noises, which may annoy or endanger the
health, or interfere with the proper treatment of the inmates of such institu-
tion; but it is lawful for a person to file his petition in the court of common
pleas in any county wherein such an institution is located, setting forth his
desire to erect or carry on at less distance than that prohibited herein, naming
the precise point, any of the establishments herein before named, or any
works which might have a tendency to generate unwholesome or noxious odors,
or in any way annoy or endanger the health or prevent the recovery of inmates
of said institution, and the reasons and circumstances, in his opinion, why the
erection or carrying on thereof would not so annoy or endanger the health or
convenience, or endanger the recovery of the inmates of said institution; and
shall give notice in some newspaper of general circulation in such county, of
the pendency and prayer of such petition, for at least six consecutive weeks
previous to the term of the court next to be held therein, and shall also serve
other
387
+
Tit. V, Ch. 1.
GENERAL PROVISIONS.
§§ 625-632.
a written notice upon the superintendent of the institution, at least thirty days
before the day set for the hearing of the petition; thereupon, if upon the hear-
ing of the petition, it appears that due notice has been given, as herein
required, and the court is of the opinion that there exists no good reason why
such establishment may not be so erected or carried on, and that by the erec-
tion or carrying on thereof at the point named, such institution will sustain
no detriment, the court may issue an order granting the prayer of the peti-
tioner; and thereafter he may proceed to locate such establishment or carry on
such business at the point named in his petition, the same as if this section
had not been passed. [63 v. 96, § 1; 62 v. 137, § 1; S. & S. 52, 53.]
SEC. 625. [No streets, alleys, or roads shall be laid out through lands
belonging to benevolent institutions.] No streets, alleys, or roads, shall be
laid out, or established through or over the lands belonging to any of the pub-
lic institutions of the state, without the special permission of the general
assembly. [49 v. 110 (119), § 1; S. & C. 181.]
SEC. 626. [Boards may receive donations, etc.] The board of any
benevolent institution shall be capable of receiving by gift, devise or bequest,
moneys, lands, or other property, for the benefit of such institution, or any of
its inmates, and to hold and apply the same according to the terms of the
donation.
SEC. 627. [Books, papers, etc., belonging to the state.] All books,
papers, vouchers, and contracts, pertaining to any of the benevolent institu-
tions, are the property of the state, and shall be carefully preserved.
SEC. 628. [Officers of benevolent institutions not to be interested in
contracts.] No trustee or officer of any benevolent institution may be
either directly or indirectly interested in any purchase for or contract on behalf
of such institution, and in addition to the liability of any trustee, or officer,
violating this inhibition to respond in damages for any injury sustained by
the institution by his act, he shall be forthwith removed from office. [1886,
February 23: 83 v. 6; Rev. Stat. 1880; 75 v. 150, § 10.]
SEC. 629. [Trustees, etc., not eligible for employe or superintendent
or steward.] No trustee, commissioner, manager or director of any benevo-
lent, reformatory or penal institution of the state or of any county therein, is
eligible to the office of superintendent or steward, as an employe of such insti-
tution during the term for which he was appointed, nor within one year after
his term expires; nor shall any officer or employe of any such institution be
related by blood or marriage to either of said trustees. [1889, March 27:
86 v. 148; 83 v. 6; 81 v. 90; Rev. Stat. 1880; 75 v. 150, § 20.]
SEC. 630. [Suits by the institutions.] Claims due to any benevolent
institution may be sued for in the name of the institution. [75 v. 150, § 21.]
SEC. 631. [Inmates to be supported at the expense of state, except as
to clothing and traveling and incidentals.] All persons admitted into any
institution, except as otherwise provided in chapters relating to particular
institutions, shall be maintained at the expense of the state, subject only to
the requirement that they shall be neatly and comfortably clothed, and their
traveling and incidental expenses paid by themselves, or those having them in
charge.
See note to State v. Kiesewetter. 37 O. §. 546, under 700.
SEC. 632. [Benevolent institutions: payment and collection of expenses
of inmates by county auditors.] If there be a failure in any case to pay inci-
dental expenses, or furnish the necessary clothing, the steward or other finan-
cial officer of the institution is hereby authorized to pay such expenses, and
furnish the requisite clothing, and pay for the same out of the appropriation
388
§ 633.
GENERAL PROVISIONS.
Tit. V, Ch. 1.
for the current expenses of the institution, keeping and reporting a separate
account of the same. The account so drawn up, signed by such officer, coun-
tersigned by the superintendent, and sealed with the seal of the institution,
shall be forwarded to the auditor of the county from which the person came,
who shall pay the amount of said bill out of the county funds to the financial
officer of the institution, to be audited to the current expense fund; and said
auditor shall then proceed to collect the same, in the name of the state of Ohio,
as other debts are collected. [1885, May 1: 82 v. 213; 81 v. 79; Rev. Stat. 1880.]
See note to State v. Kiesewetter, 37 O. S. 546, under 2 700.
The act of 81 v. 79 created a supplemental section (632a), which was repealed by the
act of 82 v. 213.
SEC. 633. [Oath of trustees and officers.] Trustees, superintendents,
stewards, and assistant physicians of insane hospitals, shall each, before enter-
ing upon the discharge of their duties, take an oath, administered by proper
authority to discharge their duties in accordance with law, and to the best of
their ability, which oath shall be filed in the office of the governor.
SEC. 633a. [Upon application the governor shall appoint policemen
for state institutions.] Upon the application and recommendation of the
board of trustees of any state public institution, the governor shall commission
any number of employes of such institution, not exceeding three, to be desig-
nated by the superintendent, to be special policemen thereof; and such officer or
officers shall take an oath of office and shall have power to protect the property of
such institution, to suppress riots, disturbances, and breaches of the peace, and
to enforce all laws for the preservation of good order, and may, upon view, or
information, without warrant, arrest any person trespassing upon the grounds
or destroying the property of such institution, or violating any of the existing
laws of the state, and bring such person so offending before the mayor or any
justice of the peace within such township, to be dealt with according to law.
This act shall not be construed to authorize an additional employe in any
institution or any increase of compensation to any employe so designated.
[1884, March 25: 81 v. 81; 78 v. 214; Rev. Stat. 1880.]
(633-1) [Only ten per cent. of officers and employes of institutions
to be from same county.] Not more than ten per cent. of the officers and
employes of any of the public institutions of this state, which are controlled
exclusively by the state shall, at the time of their appointment or employ-
ment, be residents of the same county; and all appointments or employments
hereafter made in contravention of this section, are hereby declared inoperative
and void from and after the passage of this act, and hereafter such appoint-
ments and employments in the aggregate shall be so made as to equitably
distribute all such employes and appointees throughout the state. [88 v. 73.]
(633-2) [Native live stock to be purchased as food in institutions.]
It shall be the duty of the directors, boards, superintendents, managers, stew-
ards of the penal, reformatory, charitable and benevolent institutions of the
state of Ohio, and the counties thereof, that are maintained or supported by
taxation, to purchase healthy native cattle, sheep and hogs, or native beef for
the use of the inmates in any and all of said institutions, and no cattle, sheep
or hogs shall be considered native until said animals shall have been within
the state of Ohio for at least 60 days preceding the killing of said animals.
And the stewards or purchasing officers of any of said institutions shall be
governed in purchasing said cattle, sheep and hogs or beef by not to exceed
the current prices for the same, at the time and place of the purchase. [87 v.
334.]
(633-3) [Penalty.] And any directors, boards, superintendents, man-
agers, stewards, whoever willfully violates the provisions of section 1 [§ (633-2)]
•
389
Tit. V, Ch. 1.
GENERAL PROVISIONS.
§ (633-4).
of this act, shall be fined not less than $100.00 or more than $300.00 for each
and every offense. [87 v. 334.j
(633-4) [Manufacture of goods in institutions and asylums.] It
shall be unlawful for any board of trustees or other board or authority having
the control and management of any penal, reformatory or charitable institution
or asylum, to contract with any person, firm or corporation for the manufacture
of knit or woolen goods, or to establish any mill or manufactory for the manu-
facture of said goods by the inmates of any such institution; provided, how-
ever, that nothing herein shall be construed so as to prevent the board of
trustees or other board or authority having the control or management of any
penal, reformatory or charitable institution or asylum belonging to the state,
from either contracting for or engaging in the manufacture of such goods solely
for the use of the inmates of such institutions, nor to prevent any such board
or authority of any such institution under the management of any munici-
pality or county from contracting for or engaging in the manufacture of such
goods solely for the use of such institution. [90 v. 224.]
(633-5) [Penalty.] The members of any such board of trustees or
other board of authority who shall violate the provisions of section one
[§ (633-4)] of this act, shall be liable to a penalty of not less than five hundred
dollars nor more than one thousand dollars, to be recovered in a civil action in
the name of the state; and it is hereby made the duty of the attorney-general
to institute proceedings for the recovery of such penalty and to prosecute the
same to a final termination. [90 v. 224.]
(633-6) [Fees and distribution of penaly.] The attorney-general
shall be entitled to retain out of any penalties so collected ten per centum
thereof for his services, and shall pay the balance thereof into the state treasury
to the credit of the general revenue fund of the state. [90 v. 224.]
(633-7) [Commission to make rules for interchange of products.]
It shall be the duty of the board of trustees of each of the benevolent and cor-
rectional institutions of Ohio, to wit: Athens state hospital, Cleveland state
hospital, Columbus state hospital, Dayton state hospital, Longview hospital,
Massillon state hospital, Toledo state hospital, institution for the deaf and
dumb, at Columbus, institution for the blind, at Columbus, working home for
the blind, at Iberia, institution for feeble-minded youth, at Columbus, Ohio
soldiers' and sailors' orphans' home, at Xenia, Ohio soldiers' and sailors' home,
at Sandusky, boys' industrial school, at Lancaster, girls' industrial home, at
Delaware, Ohio hospital for epileptics, at Gallipolis, and of the board of man-
agers of the Ohio penitentiary and of the board of managers of the Ohio state
reformatory, on the fourth Monday after the passage of this act, to designate
one member of each of said boards to act and perform the duties of a commis-
sion composed of one member from each of said boards, for the purpose of
formulating and adopting rules and methods for the interchange, valuation
and use, so far as practicable, of the products of each and every one of said.
institutions, by all other institutions of the state, benevolent, penal and re-
formatory, and on adoption of said rules and methods by said commission, the
same shall be submitted to each of said boards, and by said boards enforced.
[92 v. 183.]
(633-8) [Amendments.] Each and every year thereafter, and on the
fourth Monday of April of each and every year thereafter, said rules and
methods may be amended and revised by a commission appointed and acting
in the manner designated, and when so amended and revised, the same shall
be enforced as amended. [92 v. 183.]
(633-9) [Institution to supply other institutions with its articles.]
That wherever there is or may be grown, made, manufactured or in any way
390
§ (633-10).
GENERAL PROVISIONS.
Tit. V, Ch. 1.
produced in one institution any article of food, raiment, or use, which may be,
or may be made available in the support or maintenance of any other institu-
tion, or of the inmates thereof, the same shall, so far as practicable, under said
rules and methods so formulated and in force, be supplied by the institution
growing, making, manufacturing or producing the same, to the other institu-
tions of the state. [92 v. 183.]
(633-10) [Accounts of interchange of products and report thereof.]
An account of all such interchange of products shall be carefully kept by the
steward of the institution furnishing the same, and also by the steward of the
institution receiving the same, and bills thereof and therefor, in all respects as
though purchased from these parties, at the lowest prevailing wholesale price
of such products, shall be rendered by the steward of the institution furnishing
the same, and payments therefor shall be made out of the funds appropriated
for each institution, and when paid, shall be paid into the state treasury to
the credit of the institution so furnishing said supplies, and it shall be the.
duty of each steward of each institution to include in his report, in a separate
and distinct schedule, a full statement and account of such supplies. [92 v.
183.]
(633-11) [All institutions open to inspection of county commis-
sioners or board of health.] Every private or public hospital, reformatory
home, house of detention, private asylum, and any institution exercising or
pretending to exercise a reformatory or correctional influence over individuals
in the state of Ohio, shall be open at any and all times to the inspection of
the commissioners of the county in which any such institution is situated, or
the board of health of the township, or other municipality in which any such
institution is situated. [92 v. 212.]
(633-12) [Semi-annual visit of commissioners.] It shall be the duty
of each and every county commissioner to visit, unannounced, every private
or public hospital, reformatory home, house of detention, private asylum, and
any institution exercising or pretending to exercise a reformatory or correc-
tional influence over individuals situated in his county, at least once in every
six months to note the sanitary condition thereof, and the condition and treat-
ment of the inmates thereof. [92 v. 212.]
(633-13) [Report of investigations.] It shall be the duty of the
county commissioners to file a full and complete report of the investigations
of the above named institutions with the prosecuting attorney of the county,
which report shall be open to the examination of the public. [92 v. 212.]
(633-14) [Penalty for denying or obstructing investigations.] Any
official, agent, or employe, or other person refusing to permit or in any man-
ner interfering with the inspection of any such public or private hospital, refor
matory home, house of detention, private asylum, or any institution exercising
or pretending to exercise a reformatory or correctional influence over individ-
uals, by the county commissioners of the county in which such institution, or
institutions, are situated, or by the board of health, of the municipality in
which the same is situated, shall be deemed guilty of a misdemeanor, and
shall, upon conviction thereof, be punished by a fine of not less than twenty-
five (25) dollars, or six months' imprisonment, or both, and for each subse-
quent offense a fine of not less than one hundred (100) dollars, and six
months' imprisonment. [92 v. 212.]
(633-15) [Board of county visitors; appointment; qualification;
term; compensation.] The presiding judge of the court of common pleas in
each county of the state, at the first spring term of said court, shall appoint
six persons, three of whom shall be women, and not more than three of whom
shall have the same political affiliations, who shall constitute a board of county
visitors, two of whom, as indicated by the appointing judge, upon the fixed
391
Tit. V, Ch. 1.
GENERAL PROVISIONS.
§ (633-16).
appointment, shall serve for one year, two for two years, and two for three
years, and upon the expiration of the term of each, his or her place and that
of his or her successor shall, in like manner, be filled for the term of three
years, who shall constitute a board of visitors, for the inspection of all chari-
table and correctional institutions supported in whole or in part from the
county or municipal funds. Said board of county visitors shall serve without
compensation, but actual expenses incurred in the discharge of its duties to an
amount not exceeding ($50) dollars per annum shall be allowed by the county
commissioners, and the county auditor shall issue his warrant for the amount,
which shall be paid by the county treasurer. [93 v. 57; 89 v. 161; 79 v. 107.1
(633-16) [Duties of the board of visitors.] It shall be the duty
of such board of visitors, by personal visitation or otherwise, to keep them-
selves fully advised of the condition and management of all charitable
or corrective iustitutions supported in whole or in part by county or munic-
ipal taxation, or which are under county or municipal control, and especially
the infirmary, county jail, municipal prisons, and children's home; and they
shall recommend such changes and additional provisions as they may deem
essential for their economical and efficient administration, and at least once in
every three months all of said institutions shall be visited by said board, or a
committee of its members. [79 v. 107.]
(633-17) [Report to be made by the board.] The board of county
visitors each year shall prepare a full report of their proceedings during the
year, with such recommendations as they may deem advisable, and shall file
the same with the clerk of the court of common pleas of the county on or
before the 15th of November, and shall forward a copy of the same to the board
of state charities at Columbus. [89 v. 161; 79 v. 107.]
·
(633-18) [Court must notify board before sending child to re-
formatory.] It shall be the duty of the probate judge or other officer in each
county, whenever proceedings are instituted before him to commit a child
under sixteen years of age to the boys' industrial school at Lancaster, or the
girls' industrial home at Delaware, to have notice of such proceedings given
to the board of county visitors of such county, whose duty it shall be to attend
such proceedings, either as a body or by committee, and protect the interests
of such child. [89 v. 161.1
See also ? (4022—11).
:
?
392
§§ 634-637.
TRUSTEES.
Tit. V, Ch. 2.
CHAPTER 2.
SECTION
634.
Board of trustees.
635. Appointment of trustees.
TRUSTEES.
636. Trustees to be appointed by governor; vacancies:
how filled.
637. Residence of trustees; quorum; secretary and his
duties.
638.
Trustees to appoint superintendents.
639. Trustees to make rules for government of insti-
tutions.
SECTION
640. Appointment of subordinates by trustees of benevo
Tent institutions.
640a. Female physicians.
641. Bond of subordinates.
642. Governor may remove or suspend trustees.
643.
644.
645.
Trustees may order purchase by contract.
Monthly and quarterly visitation by trustees.
Annual report of trustees of benevolent institutions.
646. Special meetings.
The provisions of this chapter apply to the institution for feeble-minded youth (Chapter 7): State ex rel. v.
Oglevee, Auditor of State, 37 O. S. 142.
SEC. 634. [Board of trustees.] The control and management of the
state benevolent institutions, including the boys' industrial school and the
girls' industrial home, are under a board of five trustees for each institution.
The trustees shall elect one of their number as president of the board. [1886,
February 23: 83 v. 6; 77 v. 203; Rev. Stat. 1880.]
SEC. 635. [Appointment of trustees.] The governor shall, annually,
by and with the advice and consent of the senate, appoint one trustee for each
of the state benevolent institutions, including the boys' industrial school and
the girls' industrial home, who shall hold his office for the term of five years
from the first Monday in April next after his appointment. [1886, February
23: 83 v. 6; 77 v. 203; Rev. Stat. 1880.]
SEC. 636. [Trustees to be appointed by governor; vacancies: how
filled.] The trustees of all said institutions shall be appointed by the governor,
by and with the advice and consent of the senate; and, except as otherwise pro-
vided by law, shall receive no compensation, but shall be entitled to receive
their necessary expenses in attending the meetings of their respective boards,
or in going to and from their respective institutions on official business neces-
sarily connected therewith, which shall be paid by the disbursing officer of
their respective institutions on presentation of an itemized voucher therefor,
which shall be filed with the other vouchers of the institution. All vacancies
in the office of trustees, whether occasioned by expiration of term, removal, or
otherwise, shall be filled in the manner that the original appointment is made,
and when occurring at any time before the expiration of the term of appoint-
ment shall be for the balance of the term only. [1880, April 14: 77 v. 203;
Rev. Stat. 1880; (S. & C. 840).]
As to filling vacancies by governor, see State ex rel. v. Howe, 25 O. S. 588.
SEC. 637. [Residence of trustees; quorum; secretary and his duties.]
No trustee hereafter appointed shall be a resident of the county in which the
institution is located of which he is to be trustee. There [Three] shall be a
quorum to do business, and two may approve accounts for the payment of
current expenses, salaries and open contracts previously entered into by the
board. Each board shall appoint a secretary, who may or may not be a mem-
ber of the board, whose duty it shall be to keep a record of the meetings and
of the proceedings of said board, and attest the same. [87 v. 268; 77 v. 203,
204; Rev. Stat. 1880.]
393
Tit. V, Ch. 2.
TRUSTEES.
§§ 638-643.
SEC. 638. [Trustees to appoint superintendents.] The boards of trustees
shall appoint superintendents to the institutions under their charge respectively,
who shall hold the office for four years, unless sooner removed by the trustees,
and until their successors in office are appointed. [1880, April 14: 77 v. 203,
204; Rev. Stat. 1880; (S. & C. 841).]
(4
The place of medical superintendent of a hospital for the insane is an office" within the meaning of
¿ 4, Art. XV, of the Constitution: State ex rel. v. Wilson, 29 O. S. 347.
The act to establish and maintain an agricultural and mechanical college in Ohio (67 v. 20), does not con-
stitute the board of trustees, therein provided for, a corporation: Neil v. Trustees, 31 O. S. 15.
SEC. 639. [Trustees to make rules for government of institutions.]
The board shall establish such rules and regulations as may be deemed expe-
dient for the government and management of their several institutions, and
for securing economy and accountability in all their affairs, and all officers and
employes shall strictly observe such rules and regulations, which may be
changed at the pleasure of the board. [(S. & C. 841).]
In the act of 77 v. 203 this section is numbered 639, but the enacting and repealing
sections of the act show this number to be a misprint.
It was obviously impossible to provide in detail for the management of such institutions, and hence it
is provided that the board of trustees shall establish such rules and regulations as may be deemed expedient
for their government: Rutter v. State, 38 O. S. 499.
SEC. 640. [Appointment of subordinates by trustees of benevolent
institutions.] Upon the nomination of superintendents, boards of trustees
may appoint stewards, but said steward so appointed shall not, at the time of
his appointment, be a resident of the county in which said institution is located.
of which he is to be steward, matrons, physicians, assistant physicians, one of
which may be a female, and other needed officers, and may remove such ap-
pointees at pleasure. They shall fix the compensation of each, not exceeding
the maximum prescribed by law. Either of the officers named in this section.
may be suspended by the superintendent, who shall report the fact, and his
reasons therefor, immediately to the board of trustees; but this act shall only
apply to institutions controlled exclusively by the state. [87 v. 268; 82 v. 137;
Rev. Stat. 1880; (S. & C. 841).]
SEC. 640a. [Female physicians.] In all asylums for the insane there
shall be employed at least one female physician. [89 v. 347.]
SEC. 641. [Bond of subordinates.] Boards may require of any subor-
dinate officer, or employe, a bond to the state, in such sum, upon such condi-
tions, and with such sureties, as may be approved by the board.
SEC. 642. [Governor may remove or suspend trustees.] Trustees may
at any time be removed, by the governor, by and with the advice and consent
of the senate, and during the recess of the senate may be suspended by the
governor, who shall report the same to the senate at its next session, and, if
the senate so advise and consent, such trustee shall be removed; but otherwise
shall be restored to his office. In case of suspension, the governor shall desig-
nate some person to perform the duties of such suspended trustee during the
suspension aforesaid. The nomination by the governor, and confirmation by
the senate, of a trustee to take the place of one in office, shall be held to be
a sufficient removal of the trustee whose successor has been thus designated.
[1880, April 14: 77 v. 203, 204; Rev. Stat. 1880; (S. & C. 842).]
SEC. 643. [Trustees may order purchase by contract.] Whenever, in
the opinion of any board of trustees, the interest of the state, and of the institu-
tion under their charge, will be subserved thereby, said board shall advertise
for sealed bids to furnish at the institution any article or articles needed for its
394
§§ 644-646.
TRUSTEES.
Tit. V, Ch. 2.
use, at such times and in such quantities as the superintendent may, from
time to time, direct, each bid to be accompanied with a bond in such amount
as the board shall direct, with good and sufficient surety that the bidder, if the
contract is awarded to him, will faithfully fulfill and perform the contract on
his part. All such contracts shall be awarded to the lowest bidder, and all pro-
visions and supplies thus furnished shall be of good and wholesome quality,
or the same may be rejected by the superintendent. The board shall in all
cases reserve the right to reject all bids, and may readvertise or direct the pur-
chase of such article or articles by private contract under such rules and reg-
ulations as they shall prescribe.
SEC. 644. [Monthly and quarterly visitation by trustees.] Each insti-
tution shall be visited monthly by at least three of the trustees thereof, and
thoroughly examined in all its parts, including the examination and approval
of accounts and balance-sheets of the financial officer of the institution, also
the examination and approval of the estimate made by the financial officer
of such institution, at which meeting there shall be drawn up and placed on
record a detailed statement of the condition of the institution, which record
shall be subject to the order of the general assembly, and shall at all times be
open to the inspection of the committees of the legislature on benevolent in-
stitutions. [91 v. 122; S. & C. 841).]
SEC. 645. [Annual report of trustees of benevolent institutions.] The
board of trustees of each institution shall, annually, after the close of the fiscal
year, make to the governor a report of their proceedings during the year, accom-
panied with a report by the superintendent, and such others employed in the
institution as the trustees may deem important, and of the condition, progress,
and wants of the institution, together with an exhibit showing the balances of
money at last settlement, under each head as appropriated, in the hands of the
financial officer, and the amount on hand in the state treasury, and the amount
appropriated for each different fund during the fiscal year, with a detailed
exhibit of all expenditures, giving the total quantity and total expenditure of
each item purchased during the fiscal year, under the head of the different
funds, and at the close of the fiscal year to show the balance of money in the
hands of the financial officer, subject to his draft in the hands of any person,
and to what fund the balance belongs, and the amount in state treasury, and
to what fund. Said report shall also contain a full list of all persons employed
therein, and for what purposes and amount paid to, or terms upon which said
persons have been employed during the year, and a complete statement of all
liabilities, if any, that are unpaid, with the amount of each bill, when incurred,
and to whom it is due. Such report shall further contain a summary state-
ment of all contracts entered into during the year, the names of all persons
interested in such contracts; and should there be any donations or bequests, to
show the amount received, amount expended, if any, with the balance on hand.
And on the 15th day of February, of each and every year, they shall submit
to the general assembly an exhibit of the balance of money in the hands of
their financial officer, and to what fund said balance belongs; and the amount
in the state treasury, under the several different funds, with a detailed state-
ment of all outstanding warrants issued, with all other liabilities, if any, that
are unpaid, with the amount of each bill, when incurred, and for what purpose,
and to whom it is due. [1880, March 15: 77 v. 61; Rev. Stat. 1880; (S & C.
841).]
SEC. 646. [Special meetings.] Special meetings of any board of trust-
ees may be had on the call of the president thereof, of such meeting, each
member shall have three days' notice in writing, together with a summary
statement of the purpose for which such meeting is called. [(S. & C. 841).]
395
Tit. V, Ch. 3.
OFFICERS.
CHAPTER 3.
OFFICERS.
S$ 647-649.
SECTION
647. Superintendents: their duties; may appoint
such subordinates as are necessary to the in-
stitution.
648. Steward to give bond.
649. Purchase of supplies; estimates.
650.
What monthly statement must show; financial offi-
cers to make statement to board of trustees: what
such statement to show; statement to be sworn to,
recorded, and filed in office of auditor of state.
SECTION
650a. Auditor of state to set apart a sum as "contingent
expense fund:" how such sum to be used.
Storekeeper to insane asylums, and duties.
Matron's duties.
651.
652.
653.
654.
Officers to reside in the institution.
Trustees to make requisition for amount of unpaid
bills, etc.; auditor to issue warrants for such
amounts.
Officers of may be required to furnish board of state charities or its secretary such in-
formation as they may require, see ? 656.
The provisions of this chapter apply to the institution for feeble-minded youth (Chapter 7): State ex rel. v.
Oglevee, Auditor of State, 37 O. S. 142.
SEC. 647. [Superintendents: their duties; may appoint such subordi-
nates as are necessary to the institution.] Superintendents shall be persons
of acknowledged skill, ability, and experience in their profession, and of good
moral character. They shall have control of the affairs of their respective
institutions in all their departments, and shall be responsible to the trustees
for the efficient management thereof, and for the faithful service of all persons
employed therein. They may appoint such teachers, attendants, nurses, serv-
ants, or other persons, as may be necessary for the proper management of the
institutions, assign them to their respective places and duties, and may at any
time discharge them from service, keeping a record of the reasons for such dis-
charge. Such appointees shall, however, be subject to discharge by the board.
The superintendent of the institution for the deaf and dumb shall have power,
by virtue of his office, to solemnize marriages.
SEC. 648. [Steward to give bond.] The steward or other financial offi-
cer of each institution, before entering upon the discharge of his duties, shall
give bond to the state of Ohio in the sum of ten thousand dollars, with sure-
ties to the satisfaction of the board of trustees, conditioned that he will faith-
fully and honestly perform the duties of his office, and pay over and account
for all moneys and property which may come into his hands by virtue of his
office, belonging to the state or to any other person, which bond shall be filed
in the office of the treasurer of state. The bond given by said financial officer
may be increased at the discretion of and by a vote of the majority of the
board. [1881, April 20: 78 v. 199; Rev. Stat. 1880.]
SEC. 649. [Purchase of supplies; estimates.] Under the direction of
the superintendent, the financial officer of each institution shall purchase all
its supplies, upon the best possible terms and lowest cash value. But before
making such purchase, he shall submit to the board of trustees at their monthly
meeting, a detailed estimate, showing the requirements of the institution for
the following month. Such statement must show the approximate amounts
necessary to be expended by such financial officer in his department, for which
money has been appropriated by the general assembly, and he special purpose
for which it is to be used, including the cost, as nearly as can be determined,
Before such estimate
of the articles to be purchased or repairs to be made.
shall be submitted to such board, it shall be approved by the superintendent
of each institution, signed by him and the financial officer thereof. He shall
also see that the grounds, buildings, and all other property belonging to the
state are properly preserved and kept in order, and shall perform such other
duties as are assigned him by the superintendent. [91 v. 140.]
396
$650.
OFFICERS.
Tit. V, Ch. 3.
SEC. 650. [What monthly statement must show; financial officers to
make statement to board of trustees: what such statement to show ;_state-
ment to be sworn to, recorded, and filed in office of auditor of state.] The
financial officer, named in the preceding section, except as otherwise provided
by law, shall keep an account, in detail, in proper books, which shall, at all times,
be open to the inspection of the superintendent and trustees, and these books
shall be correctly balanced on the fifteenth day of each month, and closed at
the end of the fiscal year, corresponding with the fiscal year of the state. There
shall be prepared and submitted for the inspection of the superintendent and
trustees, on the fifteenth day of each month a monthly statement, taken from
the books of said financial officer, which monthly statement shall show:
First-The unexpended balance of all moneys heretofore received by said
financial officer from all sources, and remaining in his hands or subject to his
control, with the amount to the credit of each appropriation or fund, at the
close of business on the fifteenth day of the preceding month.
Second-All moneys received by said financial officer during the month,
from any source whatever, except such as are received from the state treasury,
and designating specifically from what source received and to what fund credited.
Third-All moneys received from the state treasury, upon warrants of the
auditor of state, during the month, and the amount from each appropriation.
Fourth-A detailed statement of all disbursements made by him during
the preceding month, with the name of each payee, the amount paid, the serv-
ice rendered, or the articles furnished, and the price paid for each. Said
detailed statement of disbursements shall set forth, so far as the same have
been paid, the pay-rolls, estimates and bills of purchase in the same numerical
order as fixed in any former monthly schedule, as is provided in clause sixth
of this section.
Fifth-He shall submit, with said monthly statement, the original pay-
rolls, estimates and bills of purchase, for all disbursements which have been
made by him since the last preceding meeting of the board of trustees, which
payments shall be evidenced by the signature of the persons to whom the
payments are due, or their authorized representatives, written upon the orig-
inal pay-rolls, estimates and bills of purchase, and after being carefully folded
shall have indorsed on each, the word "paid," with the day, month and year
of payment.
Sixth-He shall submit, with said monthly statement, a complete schedule
of all accounts contracted for such institution, for whatever purpose, together
with the original pay-rolls, estimates, and bills of purchase that are due and
unpaid, which pay-rolls, estimates and bills of purchase, or so much of them
as shall be found to be correct, shall be indorsed "approved" by a majority of
the board of trustees, and numbered consecutively (which numbering shall
commence at the beginning of each fiscal year, and continue until its close),
and when paid shall become vouchers by such numbers.
Said financial officer shall also, at the time of making the monthly state-
ment in the manner and form herein provided, make a statement for the
information of the board of trustees, showing the balance of each appropria-
tion made for such institution, remaining in the state treasury at the close of
business on the fifteenth day of the preceding month, the amount drawn from
each during the current month, and the balance to the credit of each, remain-
ing in the state treasury, at the date of making said monthly statement. After
said monthly statement, made in the manner and form herein provided, has
been indorsed, and approved by the superintendent and a majority of the trust-
ees, the financial officer shall at once record the same, in a book prepared for
that purpose, and file the original bills of purchase, estimates, pay-rolls and
vouchers pertaining thereto in the office of the board of trustees, and the said
monthly statement, with his oath indorsed thereon, that it is a full, true and
397
Tit. V, Ch. 3.
OFFICERS.
$$ 650a-654.
correct account of his stewardship for the preceding month, according to the
best of his knowledge and belief, and that the same has been recorded, shall
be by him, within ten days thereafter, filed in the office of the auditor of state.
[1882, March 9: 79 v.32; 77 v. 203, 204; Rev. Stat. 1880.]
SEC. 650a. [Auditor of state to set apart a sum as "contingent expense
fund;" how such sum to be used.] The auditor of state shall set apart from
the appropriations made for current expenses of the benevolent and reforma-
tory institutions of the state, a sum not exceeding three per centum of the
amount appropriated for the current expenses for each institution for the fiscal
year, to be designated as a "contingent expense fund," and shall issue his war-
rant upon the treasurer of state, monthly in favor of the financial officer, on
requisition approved by the superintendent, and a majority of the board of
trustees, for one-twelfth of the amount so set apart, and said sum so received
shall be used for the payment of amounts due employes discharged, and for
payment of small bills on account of purchase of articles necessary between the
meetings of the trustees; and the financial officer shall, at the close of each
month, submit for the inspection and approval of the board of trustees, a
detailed statement of the disbursements made under this section, together with
the original bills of purchase and pay-rolls of employes, and if found cor-
rect, said board of trustees shall approve the same, and thereupon they are
authorized to approve a requisition in favor of said financial officer for another
monthly installment, and in the annual report of the trustees shall be included
the receipts and disbursements and balances on hand on account of said con-
tingent current expense fund. [1882, March 9: 79 v. 32, 34.]
SEC. 651. [Storekeeper to insane asylums, and duties.] In the man-
ner provided in chapter two there shall be appointed to each insane asylum a
competent person as bookkeeper and storekeeper, for the term of two years,
unless sooner removed for cause, who shall keep all accounts of the asylum,
receive and be responsible for all purchases made by the steward and deliv-
ered into his keeping, and shall examine, weigh, measure, or gauge every arti-
cle purchased by the steward for the domestic purposes of the asylum, and
receipt to the steward for the same, stating quantity and quality; he shall
make a monthly report to the medical superintendent and trustees of all arti-
cles on hand at the close of the preceding month, the quantity of all articles
received during the month, and the quantity of all articles issued during the
month to the different departments of the asylum, upon whose order delivered
and to whom delivered, with receipts for the same; he shall give bond in the
sum of five thousand dollars, for the faithful performance of his duties, and
receive as compensation a sum to be fixed by the trustees, not exceeding six
hundred dollars per annum, and his board in the asylum. [75 v. 64, § 12.]
SEC. 652. [Matron's duties.] Matrons, under the direction of superin-
tendents, and not otherwise, shall have the general supervision of the domestic
arrangements of their institutions, and do all they can for the comfort and
welfare of their inmates. [ (S. & C. 842).]
Superintendents,
SEC. 653. [Officers to reside in the institution.]
stewards, and matrons shall reside in and devote their entire time to the
interests of the institution with which they are connected.
SEC. 654. [Trustees to make requisition for amount of unpaid bills,
etc.; auditor to issue warrants for such amounts.] The board of trustees
provided for in this title, or a majority of them, shall, at their monthly meet-
ings, after having approved the monthly statements of the financial officer, as
provided in section six hundred and fifty, issue their requisitions on the auditor
of state in favor of said financial officer for a sufficient amount or amounts to
pay the unpaid bills, pay-rolls, and estimates which have been approved by
said board at said meetings, as required in section six hundred and fifty. Said
398
!
§§ 655–656.
BOARD OF STATE CHARITIES.
Tit. V, Ch. 4.
requisitions to be signed by the superintendent and a majority of the board of
trustees, and to specifically state upon what appropriation and for what amount
drawn. The auditor of state shall compare said requisitions with the schedule
of unpaid bills, pay-rolls and estimates as exhibited in said monthly state-
ment, and if he find the same correct, shall issue his warrants on the treasurer
of state in favor of said financial officer for said amounts, if there be sufficient
balances to the credit of the several appropriations to pay the same. [1882,
March 9: 79 v. 32, 34.]
The provisions of the first, second, and third chapters of the fifth title of the Revised Statutes apply to
the institution for feeble-minded youth: these provisions require the appointment of a financial officer as
well as a superintendent; and the same person can not perform the duties of both offices in drawing money
from the treasury under ? 654: State ex rel. v. Oglevee, Auditor of State, 37 0. S. 142.
SECTION
CHAPTER 4.
BOARD OF STATE CHARITIES.
655. Appointment of board of state charities: terms of
members; vacancies: how filled, etc.
656. Powers and duties of board; governor may order
investigation by board.
SECTION
657. Appointment of secretary and his salary.
658. Annual report of the board.
SEC. 655. [Appointment of board of state charities: terms of mem-
bers; vacancies: how filled, etc.] The governor shall appoint six persons, not
more than three of whom shall be from the same political party, who shall
constitute a board of state charities, to serve without compensation; two of
whom, as indicated by the governor, upon the first appointment, shall serve
for one year, two for two years, and two for three years; and, upon the expira-
tion of the term of each, his place, and that of his successor, shall, in like
manner, be filled for the term of three years. The governor shall be, ex officio,
a member of said board, and the president thereof. Appointments to fill
vacancies caused by death, resignation, or removal before the expiration of
such terms may be made for the residue of terms in the same manner as orig-
inal appointments. [1880, April 15: 77 v. 227; Rev. Stat. 1880; 73 v. 165, § 1;
(S. & S. 51).]
SEC. 656. [Powers and duties of board; governor may order investi-
gation by board.] That the board of state charities shall be provided with a
suitable room in the state house. Regular meetings of the board shall he held
quarterly, or oftener if required. They may make such rules and orders for
the regulation for their own proceedings as they may deem necessary. They
shall investigate the whole system of public charities and correctional institu-
tions of the state, examine into the condition and management thereof, es-
pecially of municipal and state prisons and reformatories, workhouses, jails,
infirmaries, children's homes and state institutions, and the officers in charge
of all such institutions and those who are in any way responsible for the ad-
ministration of public funds used for the relief or maintenance of the poor,
shall furnish the board or its secretary such information and statistics as they
may require; and, to secure accuracy, uniformity and completeness in such
statistics, the board may prescribe such forms of report and registration as they
may deem necessary. All plans for new jails, workhouses, children's homes,
infirmaries, state institutions and municipal lockups or prisons, and for im-
portant additions to or alterations in such existing institutions shall, before
their adoption by the proper officials, be submitted to the board for criticism
and approval. The governor, in his discretion, may, at any time, order an
investigation by the board, or by a committee of its members, of the manage-
399
Tit. V, Ch. 5.
INSTITUTION FOR DEAF AND DUMB.
$$ 657-659.
ment of any penal, reformatory or charitable institutions of the state, and said
board or committee, in making any such investigation, shall have power to send
for persons and papers, and to administer oaths and affirmations; and the re-
port of such investigation, with the testimony, shall be made to the governor,
and shall be submitted by him, with his suggestions, to the general assembly.
[93 v. 105; 1880, April 15; 77 v. 227; Rev. Stat. 1880; 73 v. 165, §2; (S. &
S. 51).]
May order removal of aged or infirm deaf and dumb from county infirmary to a home
for aged and infirm deaf and dumb persons, see ? (3881—1).
Board of state charities to ascertain annnally the number of insane in each county re-
quiring state care and to report same to the superintendent of each state hospital and to
probate judge of each county, see 700.
SEC. 657. [Appointment of secretary, and his salary.] That the said
board may appoint a secretary, who shall receive for his services, in addition
to his traveling expenses, such salary as may be agreed upon by the board, not
to exceed twelve hundred dollars per annum. All accounts and expenditures
shall be certified as may be provided by the board, and shall be paid by the
treasurer upon an order from the auditor of state. [93 v. 105; 89 v. 100; 73 v.
165, § 3.]
SEC. 658. [Annual report of the board.] The board of state charities
shall annually prepare and print, for the use of the legislature, a full and com-
plete report of all their doings during the preceding year, stating fully and in
detail all expenses incurred, all officers and agents employed, with a report of
the secretary, embracing all the respective proceedings and expenses during
the year, and showing the actual condition of all the institutions under their
control, with such suggestions as they may deem necessary and pertinent.
[93 v. 106; 89 v. 101; 73 v. 165, § 4; (S. & S. 51).]
SECTION
CHAPTER 5.
INSTITUTION FOR THE Deaf and DUMB.
SECTION
659. Admission of pupils to institution for the deaf and
dumb.
661. Trades and arts to be taught.
662.
659-1.
663.
659-2.
Book binding; printing; dressmaking.
What binding shall be done; supervisor to render
monthly account of moneys received.
Admission of blind and deaf children.
Education of deaf and blind child at its
home.
660. How long pupils may remain.
For ?? 659–664, see (S. & C. 180–190).
664. Compensation to employes of deaf and dumb asylum.
SEC. 659. [Admission of pupils to institution for the deaf and dumb.]
The institution for the education of the deaf and dumb shall be open to re-
ceive such deaf persons, residents of the state, as the trustees and superintendent
judge, from reliable information and examination, to be suitable persons to
receive instruction, according to the methods therein employed; but no person
shall be received under seven years of age, or remain there longer than twelve
years; and no person shall be received who is addicted to immoral habits, or
has any contagious or offensive disease. This section shall not be construed
to readmit pupils who have already been discharged by time limit. [92 v. 69;
82 v. 79; Rev. Stat. 1880; 75 v. 507, § 6; (S. & S. 43; S. & C. 182).]
400
§ (659-1).
INSTITUTION FOR DEAF AND DUMB. Tit. V, Ch. 5.
(659-1) SEC. 1. [Admission of blind and deaf children; employ-
ment of teachers and nurses; age of admission; length of time permitted
to remain; regulations for admission and education.] On and after the
passage of this act, the institution for the education of the deaf and dumb
shall also be open to receive such blind and deaf children, residents of the
state, as the trustees and superintendent judge from reliable information and
examination to be suitable persons to receive instruction therein, and the su-
perintendent is hereby authorized to employ a suitable teacher or teachers, and
nurse or nurses, and to make all necessary arrangements for the instruction
and care of such blind and deaf children as may be admitted. The compen-
sation of said teachers and nurses shall be fixed by the trustees. No such deaf
and blind child shall be admitted under four years of age, or shall remain
more than twelve years, or such a part thereof as the superintendent thinks
its progress justifies; and all rules and regulations, which apply to the admit-
tance and education of the deaf and dumb, shall apply to the deaf and blind
so far as the same are applicable. [93 v. 75.]
(659-2) SEC. 2. [Education of deaf and blind children at home.]
The trustees of said institution, when it seems to them fit and proper, shall
provide for the education of any deaf and blind child at its home, the teach-
ers to be appointed and directed the same as when the child is placed in the
institution. [93 v. 75.]
SEC. 660. [How long pupils may remain.] Pupils admitted into the
institution, may be permitted to remain such a portion of nine years as their
progress seems to justify. But if at the end of said time their proficiency be
not such as qualifies them to enter the intermediate department of said institu-
tion, they shall then be graduated as pupils of the primary department; but
such pupils as give satisfactory evidence of marked ability, and justify the ex-
pectation that they may become useful teachers, or occupy other responsible
positions in life, and, upon examination at or before the expiration of nine
years from their admission, show a sufficient proficiency to enter the said inter-
mediate department, may remain three years in addition to the time herein
specified; but no pupil admitted into said institution from a county infirmary,
or who after admission into said institution shall become a county charge shall
be discharged from said institution upon vacation, and sent to the county in-
firmary of any county, to remain during such vacation. [92 v. 69; 89 v. 313;
82 v. 79; Rev. Stat. 1880; 75 v. 507, §7; (S. & S. 43).]
SEC. 661. [Trades and arts shall be taught.] Shoemaking, printing,
book binding, and the art of cutting, fitting and making wearing-apparel for
females, shall be carried on and taught in the institution, and such other
trades and arts as are found to be adapted to the capacity and wants of the
deaf and dumb, the trustees in this behalf having regard to the good of the
pupils and the economical administration of the institution. [89 v. 313; 75 v.
507, § 9; (S. & S. 43).]
SEC. 662. [Book-binding; printing; dress-making.] The book binding
shall be under the supervision of the superintendent [supervisor] of public
printing, and the superintendent shall assign from among the pupils, male and
female, such number from time to time, as seems proper, and organize them
into classes, and assign to each class such portions of each day as will best
harmonize with their ordinary studies, and at the same time give sufficient
opportunity to the teachers of binding to attend to their instruction; and the
superintendent and teachers shall meet and consult monthly, and make such
change in the classes or order of instruction, and adopt such rules in regard
thereto as experience suggests, subject, however, to the approval of the trusees;
and the printing shall be under the supervision of the superintendent, who
shall in like manner assign pupils and arrange them in classes, as provided
for in regard to the art of teaching book-binding; and the art of cutting, fitting
401
Tit. V, Ch. 5.
"
INSTITUTION FOR DEAF AND DUMB.
§§ 663-664.
and making wearing-apparel for females shall be under the supervision of the
matron, who shall assign to classes in such art from among the female pupils
such number, from time to time, as seems proper, arranging their classes, as
provided for in the teaching of said other arts and trades. [89 v. 313; 77 v.
169; Rev. Stat. 1880; 75 v. 507, § 10; (S. & S. 45.]
SEC. 663. [What binding shall be done; supervisor to render monthly
account of moneys received.] The book binding for the state shall be done,
as far as practicable, at this institution, and the supervisor of public printing
shall have reference to this object in the organization of the business and
preparation for work. When the book-binding is let to others the supervisor
may arrange with the contractors to do any part of the work in addition to the
work for the state then let, that can be done at the institution on proper terms.
If fair rates can not be had from such contractors to employ the pupils
engaged in this department, the supervisor may contract for and perform other
binding. The supervisor shall, monthly, render an account to the auditor of
state of all moneys earned by this department, and pay into the state treasury
all moneys received for such work. He shall, in his annual report, state par-
ticularly the capacity of the department with reference to the work required
by the state. [1880, April 9: 77 v. 169, 170; Rev. Stat. 1880; 75 v. 507, § 11;
(S. & S. 45).]
SEC. 664. [Compensation to employes of deaf and dumb asylum.]
Compensation to employes shall be paid as follows: To the male teachers of
the academic department, not exceeding twelve hundred dollars per annum:
the male teachers of the grammar department, not exceeding ten hundred
and fifty dollars each per annum; the female teachers of the grammar
department, not exceeding seven hundred dollars each per annum; the
male teachers of the primary department, not exceeding nine hundred dollars.
each per annum; the female teachers of the primary department, not exceed-
ing six hundred dollars each per annum; the master of the shoe-shop, not
exceeding seven hundred dollars per annum; the engineer, not exceeding one
thousand dollars per annum; none of which employes shall reside at or be
boarded in the institution; and the instructress in the art of cutting, fitting
and making wearing-apparel for females, not exceeding three hundred and
fifty dollars per annum, and in addition thereto such instructress may reside
and be boarded at said institution; provided, if such instructress shall not
reside and be boarded in said institution, she shall be paid in addition to the
salary aforesaid the sum of two hundred dollars per annum. [89 v. 313; 83
v. 34; Rev. Stat. 1880; 75 v. 507, § 2.1
27
402
$$ 665-668.
INSTITUTION FOR THE BLIND.
Tit. V, Ch. 6.
SECTION
CHAPTER 6.
INSTITUTION FOR THE BLIND.
665. Who may be received as pupils.
666. Pupils admitted: how long to remain.
667. Persons received to learn trades, in certain cases
may return.
668. Non-residents admitted.
SECTION
669. Six hundred dollars may be expended for books
and maps.
670.
Compensation of officers and employes of blind
asylum.
For "an act to authorize the sale of certain land connected with the institution for the
blind, and the purchase of certain other land for the same institution," see 79 v. 89.
To provide for the education of children in institution for deaf and dumb, of blind and
deaf children, see } (659—1) et seq.
SEC. 665. [What persons may be admitted to the asylum.] The trus-
tees of the institution for the blind are authorized to receive into the institu-
tion such blind and purblind persons, residents of the state, as they and the
superintendent are satisfied, from reliable information and examination, are
persons suitable in age and mental capacity to receive instructions by the
methods therein pursued; but no person shall be received who is addicted to
immoral practices, or affected with any contagious or offensive disease; the
superintendent, subject to the trustees, may reject or discharge from the institu-
tion any person who has sight sufficient to read common print continuously.
[75 v. 150, § 13; S. & S. 48.]
SEC. 666. [Rules for admission of pupils.] Those admitted as regular
pupils must be at least six years of age, and none can be admitted under eight
years of age, except for special reasons: pupils admitted under the age of four-
teen years may remain until the age of twenty-one years, and pupils admitted
between the ages of fourteen and twenty-one years may remain for a period of
seven years, if in the judgment of the trustees or the superintendent, under
their direction, the character, progress, capacity, and conduct of the pupil in
each case justify so long a pupilage. [75 v. 150, § 14; S. & S. 48.]
SEC. 667. [Persons received to learn trades, in certain cases may
return; trustees may terminate course or dismiss pupils; terms of admis-
sion for non-residents.] Persons over twenty-one years of age may be
received for one year, for the purpose of learning any trade or employment
taught in the mechanical department; and they may also receive instruction
in one or more studies, if this can be done without interfering with the pur-
pose for which they are admitted; and in addition to the one year specified
for those over twenty-one years of age, females over twenty-one years of age
may be allowed to remain three years more, if their capacity renders it advisa-
ble: provided, that the superintendent, subject to the approval of the trustees,
may permit former pupils, for a period not exceeding one year, to return to the
institution for the purpose of reviewing or perfecting their studies, but not at
an age beyond the oldest period provided for in this chapter: the trustees,
upon the recommendation of the superintendent, may, at any time, for a suffi-
cient cause, terminate the course of any pupil, and the superintendent has
authority, subject to the approval of the trustees, to dismiss any pupil for per-
sistent disobedience, immoral conduct, or other cause, that renders the person
unfit to remain in the institution. [75 v. 150, § 14; (S. & S. 48).]
SEC. 668. [Non-residents admitted.] Nothing herein contained shall
be construed to prohibit the admission of pupils who are not residents of Ohio,
403
Tit. V, Ch. 6.
INSTITUTION FOR THE BLIND.
S$ 669-670.
if there be accommodation therefor, upon the payment of such sums and
upon such terms as the trustees may determine; and the money so received
from pupils not residing in the state, shall be paid over to the steward, receipted
for by him, and by him certified into the state treasury to the credit of the gen-
eral revenue fund; and the steward shall make a correct record of all such
moneys received by him in a book prepared for that purpose, which record
shall be open for the inspection of any person wishing to examine the same.
[75 v. 150, § 14.]
SEC. 669. [Trustees to purchase books.] The trustees are authorized
to expend any amount, not exceeding six hundred dollars, annually, for the
purchase of books, maps, and other educational appliances, from the American
printing house for the blind, out of the appropriations for current expenses, for
the use of the institution, and gratuitous distribution among the indigent
blind of the state-if the purchases can be made from that printing house at
prices not exceeding the exact cost of their production. [75 v. 150, § 16.]
per
SEC. 670. [Compensation of officers and employes of blind asylum.]
Compensation shall be paid the following named officers and employes, not
exceeding the sums herein stated: To the matron four hundred dollars
year, to the assistant matrons three hundred dollars each per year, the house-
keeper three hundred dollars per year, the senior teacher in the literary de-
partment eight hundred dollars per year, the second senior teacher in the liter-
ary department seven hundred dollars per year, all other teachers in the literary
department four hundred and fifty dollars each per year, the professor of music
one thousand dollars per year, one teacher of music in primary grade for boys
five hundred dollars per year, two teachers of music five hundred dollars per
year, all other teachers of music three hundred dollars each per year, the
teacher of bead work one hundred and fifty dollars per year, the foreman of
broom shop six hundred dollars per year, and the engineer one thousand dol-
lars per year; but the teachers residing and boarding outside said institution
may be paid in addition to the foregoing not to exceed five dollars per week
in lieu of such board and residence during the time of actual service, as teach-
ers, out of the current expense fund of said institution. [93 v. 151; 89 v. 381;
88 v. 356; 82 v. 227; 77 v. 75; Rev. Stat. 1880; 75 v. 150, § 4.]
Workshops for blind, act to establish (83 v. 136), repealed and conveyance of the real
estate to trustees of special school district of Iberia, Morrow county, authorized and sale
of the personalty; proceeds to go to state treasury; balance of appropriation to be used
by board of state charities for inmates of the abandoned institution, 92 v. 371.
404
671.
1
INSTITUTION FOR FEEBLE-MINDED YOUTH. Tit. V, Ch. 7.
SECTION
CHAPTER 7.
INSTITUTION FOR FEEBLE-MINDED YOUTH.
671. Who may be admitted.
672. Forms of admission to be prepared, published,
and distributed.
673. Others may be admitted, and terms.
674. Trades to be taught so far as practicable.
674a. Custodial department.
6746. Purchase of lands and erection of buildings.
674c. Cost of maintenance of children over 15 years
of age; cost of inmate under contract not
SECTION
to be charged to county; legal residence of
inmate.
674d. Admission under contract.
674e. Admission of children.
674ƒ. Admission of adults.
676g. Statement by probate judge as to financial abil-
ity of person defraying expense, etc.
674h. Gifts, etc.
674i. Previous authority of institution not affected
by this act.
The provisions of the first, second, and third chapters of the fifth title of the Revised Statutes apply
to the institution for feeble-minded youth: these provisions require the appointment of a financial officer
as well as a superintendent; and the same person can not perform the duties of both offices, in drawing
money from the treasury, under 2 654: State ex rel. v. Oglevée, Auditor of State, 37 O. S. 142.
SEC. 671. [Admission of pupils, and their expenses.] The trustees of
the institution for feeble-minded youth are authorized to admit into the insti-
tution all youth of this class who have been residents of the state for one year,
and are not over fifteen years of age, and who are incapable of receiving
instruction in the common schools. [75 v. 541, §5.]
SEC. 672. [Rules governing admission shall be published, etc.] The
board shall prescribe and publish instructions and forms for the admission of
pupils, and may include in them such interrogatories as it thinks necessary or
useful to have answered; which instructions and forms shall be furnished to
any person applying therefor, and shall be sent in sufficient numbers to the
probate judges in the several counties. [75 v. 541, § 6.]
SEC. 673. [Admission of non-residents and others.] If the capacity
of the institution allows the reception of pupils besides those above described,
the trustees may admit persons of greater age, and persons not resident in the
state; but for all who are not residents of the state for the required time, the
trustees shall charge and receive for the institution a fair rate of compensation,
to be fixed by the trustees. [75 v. 541, § 7.]
SEC. 674. [Training and education of inmates.] The object aimed at
in the institution is to train and educate those received, so as to render them
more comfortable, happy, and better fitted to care for and support themselves:
to this end the trustees shall furnish to them such agricultural and mechanical
education as they are capable of receiving, and as the facilities furnished by
the state will allow, including shops and employment of teachers of trades, who
may at any time be discharged for cause. [75 v. 541, § 8.]
SEC. 674a. SEC. 1. [Custodial department at institution.] There shall
be a custodial department established in connection with the Ohio institution for
feeble-minded youth. That said department shall be entirely and especially
devoted to the reception, detention, care and training of idiotic and feeble-
minded children and adults, regardless of sex or color, and shall be so planned
in the beginning, and constructed, as shall provide separate classifications of
the numerous groups embraced under the terms idiotic and imbecile or feeble-
minded. Cases afflicted with paralysis shall have a due proportion of space and
care in the custodial department. It is specifically determined that the proc
esses of an agricultural training shall be primarily considered in this depart-
ment, and that the employment of the inmates in the care and raising of stock
and the cultivation of small fruit, vegetables, roots, et cetera, shall be made
largely tributary to the maintenance of the institution. Such other industries
405
Tit. V, Ch. 7. INSTITUTION FEEBLE-MINDED YOUTH. §§ 6746–674ƒ.
as the board of trustees and the superintendent may deem necessary and use-
ful for the welfare of the inmates, and as tending to their proper employment,
or as contributing to their development, discipline and support, may, from time
to time, be added. [93 v. 209.]
SEC. 674b. SEC. 2. [Purchase of land and erection of buildings.] That
in order to carry into effect the objects of section 1 of this act, the trustees of
said institution shall purchase a tract of good, tillable land of not more than
1,500 nor less than 1,000 acres in area, and as conveniently located near the
present institution as may be, and to proceed, when appropriations are made
therefor, in addition to the appropriation provided for in this act, to erect
thereon the buildings necessary to carry out the objects and purposes of (sec-
tion 1) of this act. Provided, that the cost of said buildings shall not exceed
the sum of three hundred dollars per inmate to be accommodated. And for the
purpose of carrying out the provisions of this section, that there be and is
hereby appropriated from any money in the state treasury to the credit of the
general revenue fund not otherwise appropriated, thirty-five thousand dollars
for 1898 and thirty-five thousand dollars for 1899. [93 v. 209.]
SEC. 674c. SEC. 3. [Cost of maintenance of children over fifteen years of
age; cost of inmate under contract not to be charged to county; legal
residence of inmate.] That all persons over the age of fifteen years who are
now, or may hereafter become inmates of the custodial department of this in-
stitution, from any county in the state, may be charged by the trustees and
superintendent of said institution against said county, a sum not exceeding
the annual per capita cost to said county of supporting the inmates in its
county infirmary of said county, as shown by the annual report of the board
of state charities, and it shall be the duty of the county treasurers of all the
counties to pay the annual drafts of the financial officer of said institution for
the aggregate of the sums so chargeable against their respective counties, for
the preceding year, for each and every inmate having a legal residence in said
county retained in the custodial department of this institution; provided, how-
ever, that in each and every case where a parent, guardian, relative or friend
of any inmate is under contract and able to pay, and does pay for the mainte-
nance of any inmate, no charge or draft shall be made upon the treasurer of
the county wherein such inmate has a legal residence. The county wherefrom
an inmate was originally admitted, shall be taken and deemed for the purposes
of this act as the legal residence of such inmate. [93 v. 210.]
SEC. 674d. SEC. 4. [Admission under contract.] Any parent or guard-
ian who may wish to enter a child into said institution for treatment, culture
or improvement, and pay all expenses of such care, may do so under terms,
rules and regulations prescribed by the superintendent and approved by the
trustees. [93 v. 210.]
SEC. 674e. SEC. 5. [Admission of children to department.] Said board
shall receive as inmates of said custodial department feeble-minded children, res-
idents of this state, under the age of fifteen years, who shall be incapable of receiv-
ing instruction in the common schools of this state, and adults of the same class,
over this age, who are public charges. Said board shall prescribe, and cause
to be printed, instructions and forms of application for the admission of such,
and shall include therein interrogatories to which they shall require answers,
under oath, showing such facts as may be needed for the information of said
trustees. Such printed instructions and forms shall be furnished to all appli-
cants for the admission of any person or patient in whole or in part as a state
beneficiary, and shall be endorsed by the probate judge of the county in which
he or she resides at the time of the making of the application. [93 v. 210.]
SEC. 674f. SEC. 6. [Admission of adults.] Adults who may be determined
to be feeble-minded, and who are of such inoffensive habits as to make them
•
406
§ 674g.
SOLDIERS' AND SAILORS' HOME.
Tit. V, Ch. 7a.
proper subjects for classification and discipline in an institution for the feeble-
minded, can be admitted, on pursuing the same course of legal commitment as
govern admission to the state hospitals for the insane. [93 v. 211.]
SEC. 674g. SEC. 7. [Probate judge to state financial ability of person or
parent to defray expense of support; statement of person making applica-
tion; trustees to fix amount paid for support.] That the probate judge of
a county, in approving an application for the admission of a person to said in-
stitution, shall state whether or not such person has an estate of sufficient
value, or a parent or parents of sufficient financial ability, to defray the ex-
pense, in whole or in part, of supporting such person in said institution, and
if there be such means of support in part only, then the amount per month,
which the parents or parent, or legal guardian of such person, may be able to
pay; and the person or persons who make the application for such admission,
shall therein make statement, under oath, as to such means of support. Said
board of trustees, in accepting an application for the admission of any person,
shall fix the amount, if any, which shall be paid for such support, according
to the ability of the parents or parent of the person, or according to the value
of such person's estate, if any, and shall require payment for such support, as
far as there may be ability to pay, as a condition to the admission or retention
of said person. Said amount may, at any time, be changed by said trustees,
according to their information concerning such means of support. Where the
indigence of the person or her or his family be such as to require his or her
admission upon the full beneficiary fund of the institution, the ascertainment
of the facts shall be as herein before stated, and the support at the institution
be provided for as in section 3 of this act. [93 v. 211.]
SEC. 674h. SEC. 8. [Gifts, legacies, endowments, etc.] Said board shall
have authority to receive for the use of said institution, gifts, legacies, contract
endowments, devises and conveyances of property, real or personal, that may
be made, given or granted to for such institution, or in its name, or in the name
of said board. [93 v. 211.]
SEC. 6741. SEC. 9. [Previous authority, etc., of institution not abridged
by act.] This act shall not be construed so as to abridge, limit or modify the
authority, rights, or privileges conferred upon the institution for the education
of feeble-minded youth by previous legislation in and for said institution.
[93 v. 211.]
CHAPTER 7a.
SOLDIERS' AND SAILORS' HOME.
SECTION
674-10. Authority of probate judge defined.
674-11. Who eligible to Ohio soldiers' and sailors'
home.
674-12. Insane or imbecile ineligible; transfer; ex-
penses, etc.
SECTION
674-1. Ohio soldiers' and sailors' home.
674-2. Who entitled to admission.
674-3. Appropriation.
674-4. Trustees; supervisor of construction; com-
pensation.
674-5. Selection and purchase of a site.
674-13.
674-6. Commandant; subordinates.
674-7. Laws governing financial officer.
674-14.
Misdemeanor to purchase clothing issued
to member or article belonging to home.
Bond of quartermaster.
674-8.
674-9.
Insane of Ohio soldiers' and sailors' home.
Procedure.
674-15.
Inspection and supervision by United States
official.
Separate quota for soldiers' and sailors' home at Ohio hospital for epileptics, see
? (751—6a).
(674-1) [Ohio soldiers' and sailors' home.] There shall be estab-
lished in this State an institution under the name of " the Ohio soldiers' and
sailors' home," which institution shall be a home for honorably discharged
soldiers, sailors and marines. [83 v. 107.]
407
:
Tit. V, Ch. 7a.
SOLDIERS' AND SAILORS' HOME.
§ (674—2).
(674-2) [Who entitled to admission.] All honorably discharged
soldiers, sailors, and marines, who have served the United States government
in any of its wars, and who are citizens of Ohio at the date of the passage of
this act, and all soldiers of the national guard of Ohio, who have heretofore
lost, or may hereafter lose an arm, or leg, or his sight, while in the line and
discharge of duty, who are not able to support themselves, and are not
entitled to admission to the national military homes, or can not gain admis-
sion thereto, may be admitted to the home named in the preceding section,
under such rules and regulations as may be adopted by the board of trustees
hereinafter provided for; and that when said soldier, sailor or marine is entitled
to admission into said home, the chairman of the soldiers' relief commission
of the county in which said soldier, sailor or marine is a resident may, upon
application therefor, furnish transportation by the most direct route, from the
residence of said soldier, sailor or marine, to said soldiers' and sailors' home,
and pay for the same out of the funds in said county known as the soldiers',
sailors' and marines' indigent relief fund; provided, that as to honorably dis-
charged soldiers who have served the United States government, preference shall
be given to those who served in Ohio military organizations. [87 v. 56; 86 v.
290; 83 v. 107.]
This section seems to be repealed by implication by 2 (674—11).
Cited Driggs v. State, 52 O. S. 37, 53.
(674-3) [Appropriations.] To carry out the provisions of this act,
there shall be and is hereby appropriated out of any moneys in the state.
treasury, or that may come therein, to the credit of the general revenue fund, not
otherwise appropriated, the sum of fifty thousand dollars ($50,000). [83 v. 107.]
(674-4) [Trustees; supervisor of construction; compensation.]
The selection and purchase of the site and construction of the buildings for
said institution, and the general supervision and government thereof shall
be vested in five trustees, not more than three of whom shall belong to the
same political party, who, upon the passage of this act, shall be appointed
as follows, to-wit: one for one year, one for two years, one for three years,
one for four years and one for five years, and as the term of each expires
his successor shall be appointed for five years. Such trustees shall be appointed
by the governor by and with the advice and consent of the senate, and they
shall be governed by the provisions of the general laws relating to the state
benevolent institutions, except as otherwise provided in this act. Said board
of trustees may appoint one of their number supervisor of construction, who
shall be paid such sum as a majority of said board may direct not exceeding
five dollars ($5) per day during the construction of the same. [1887, March
21: 84 v. 234; 83 v. 107.]
(674-5) [Selection and purchase of a site.] Said board is authorized
to select and purchase a site for said institution, consisting of not less than
sixty acres of land, at an expense not exceeding ten thousand dollars, or may
receive donations of land for such purpose or purchase a building or build-
ings if the same may be found to the satisfaction of the board. The title
to said lands must be approved by the attorney-general before the same
is accepted, and when accepted shall be conveyed to the State of Ohio, and
the deed therefor shall be duly recorded and deposited with the auditor of state.
[83 v. 107.]
(674-6) [Commandant; subordinates.] The trustees shall appoint
a superintendent, who shall be styled "commandant of the home," and who
shall hold office for five years, unless sooner removed by the trustees for cause.
Said commandant shall have entire management and control of the institu-
tion under the rules and regulations adopted by the trustees, and he shall,
with the approval of a majority of the board, appoint or employ all
408
§ (674-7).
SOLDIERS' AND SAILORS' HOME.
Tit. V, Ch. 7a.
>
subordinate officers and employes of said institution, and may remove or dis-
charge them for cause. [83 v. 107.]
(674-7) [Laws governing financial officer.] The financial officer of
the home shall be governed by the provisions of chapter three, title five, part
first of the Revised Statutes of Ohio. [83 v. 107.]
(674-8) [Insane of Ohio soldiers' and sailors' home.] When any
inmate of "the Ohio soldiers' and sailors' home" becomes insane, the com-
mandant of said home shall file with the probate judge of the county in
which said home is located, an affidavit substantially as follows:
The state of Ohio,
2
county, ss:
commandant of said home, being duly sworn, says that he be-
lieves
an inmate of said home, is insane, or that in consequence
of his insanity, his being at large is dangerous to the community; that said
inmate was received into said home from
189-.
county, on the day of
A. B. [89 v. 47; 88 v. 139.]
674-9 [Procedure.] When the affidavit is filed, the probate judge
shall forthwith proceed to hear and determine the sanity of such inmate, as
is provided for, and in accordance with title V, chapter 9, R. S. of Ohio, so far
as the same are applicable; provided, that all inmates who shall be adjudged
insane under this act, shall be enumerated in the quota of persons entitled to
admission into the asylum for the insane from the county in which said in-
mate was a resident at the time of entering said home. [88 v. 139.]
(674-10) [Authority of probate judge defined.] That in order to
carry out the provisions of this act, the probate judge of the county in which
said home is located shall have the same authority to act, and receive and
order paid the samne fees and costs as the probate judge would have in the
county in which such inmate was a resident before entering said home. Said
fees and costs to be paid out of the appropriation paid by the state of Ohio,
for the support of the soldiers' and sailors' home. [88 v. 139.]
(674-11) [When eligible to Ohio soldiers' and sailors' home.] All
honorably discharged soldiers, sailors and marines who have served the United
States government in any of its wars, and who are citizens of Ohio at the date
of the passage of this act, or shall have been citizens of Ohio one year or more
at the date of making application for admission, who are not able to support
themselves, and are not entitled to admission to the national military homes,
or can not gain admission thereto, and all soldiers of the national guard of
Ohio who have heretofore lost, or may hereafter lose an arm or leg, or his sight,
while in the line and discharge of duty, and are not able to support themselves,
may be admitted to the Ohio soldiers' and sailors' home under such rules and
regulations as may be adopted by its board of trustees; provided, that as to
honorably discharged soldiers who have served the United States government,
preference shall be given to those who served in Ohio military organizations,
and as to such sailors and marines preference shall be given to those who were
credited to Ohio in the late civil war. [89 v. 39.]
This section seems to repeal by implication, ? (674—2).
(674-12) [Insane or imbecile ineligible; transfer, expenses, etc.]
That no insane or imbecile person shall be admitted to said home, and pro-
vided that if any member of said home shall become insane or imbecile and be
so adjudged by the probate judge of the county of Erie, such insane or im-
becile person shall be transferred to the asylum for the insane or imbecile in
the district where he formerly resided, the expense of so adjudging him in-
sane or imbecile, and so moving him to the asylum, and clothing him while
there, to be borne by said home; and provided further, if any insane or imbecile
person through misrepresentation as to his condition shall be sent to said
home, he shall be returned to the county whence he came and the expense of
409
Tit. V, Ch. 8.
O. S. & S. O. HOME.
§ (674—13).
such return be borne by the county whence he came; and in no case shall
any portion of the expenses involved in the care, transfer or treatment of the
insane or imbecile be borne by the county of Erie, save in the case the person ad-
judged insane or imbecile was insane or imbecile at the time he was admitted
and was then a resident of Erie county, and the quartermaster of said home or
an officer of said home, designated by said quartermaster, shall be appointed
by the probate judge of said county of Erie to transfer such insane or imbecile
person to the asylum. [89 v. 39.]
(674-13) [Misdemeanor to purchase clothing issued to member or
article belonging to home.] That it shall be unlawful for any person to pur-
chase of a member of said home any article of clothing issued to said member
for his use, or any other articles belonging to the home, and any person so
purchasing shall be guilty of a misdemeanor, and, on conviction thereof before
the probate judge of the county of Erie, shall be punished by a fine not less
than double the value of the articles purchased, and the probate judge of said
county shall have jurisdiction in such cases. (89 v. 39.]
(674-14) [Bond of quartermaster.] The board of trustees shall re-
quire of the quartermaster of said home a satisfactory bond, in amount not
less than twenty-five thousand dollars, for the proper discharge of his duties.
and the custody and expenditure of the funds received by him. [89 v. 39.]
(674-15) [Inspection and supervision by United States official.]
That the home shall be subject to inspection and such supervision as to its
management and control by any person appointed or designated under act of
congress of the United States, as may be made a condition of appropriations
by congress for the maintenance of such home, such official appointed under
and by virtue of act of congress to have and exercise the rights and privileges
of a member of the board of trustees if so required by act of congress.
[89 v. 39.]
National women's relief corps auxiliary to grand army and cottage or home, 88 v. 140.
SECTION
675. [Repealed.]
CHAPTER 8.
OHIO SOLDIERS' AND SAILORS' ORPHANS' HOME.
675a. Board of lady visitors.
675b. Officers and duties of board.
676. What children received, and how long retained.
677. How apportioned among counties.
678. Education and training in useful knowledge.
679. Procuring books, tools, etc.; disposing of prod-
ucts, and finding homes for inmates.
679-1. Trustees of the Ohio Soldiers' and Sailors'
home may contract for water.
680. On discharge of pupils, what allowance to be
made, and care of them to be continued.
681-691. [Repealed.]
692. The clerk: his appointment and bond.
693. [Repealed.]
SECTION
694. Peculation by trustees or officers to be felony.
695. Salaries of officers and employes 0. S. and S. 0.
home.
696. Curriculum and arrangement of studies.
697. The institution to be made a model school for
various branches of industry.
697-1. Soldiers' and sailors' orphans' home; duties
of superintendent as to certain inmates of.
697-2. To make monthly report to board of direc-
tors of.
697-3. Appropriation for support of children of in-
digent soldiers.
697-4. Providing for support outside of children
entitled to admission to O. S. & S. O. H.
697-5. Repeal; proviso.
For "an act to provide for the support of indigent soldiers," etc. (83 v. 173), see
? (3107-50) et seq.
For "an act providing for the purchase of arms for the cadet battalion at said home,"
see 86 v. 173.
Board of trustees not a corporation: Neil r. Trustees, 31 O. S. 15.
410
S$ 675-678.
O. S. & S. O. HOME.
Tit. V, Ch. 8.
SEC. 675. [Repealed 1880, April 14: 77 v. 203-205. Former statutes: Rev.
Stat. 1880; 76 v. 171, §2.]
SEC. 675a. [Board of lady visitors.] The governor shall appoint a
board of visitors for the soldiers' and sailors' orphans' home, which shall con-
sist of five women, whose term of office shall be five years; except for the first
appointment, one shall be appointed for one year, one for two years, one for
three years, one for four years and one for five years, and until their successors
are appointed. The members of this board shall receive no compensation for
their services, but shall be paid their necessary expenses by the state treasurer,
on the warrant of the auditor of state, issued upon the certificate of the presi-
dent of the board. The governor, on good cause, may remove any of said
visitors, and fill any vacancy of said board. [1888, February 16: 85 v.20;
82 v. 96.]
SEC. 675b. [Officers and duties of board.] Before entering upon the
discharge of their duties, the members of said board shall organize by electing
a president and secretary, who shall be of their number. It shall be the duty
of said board to visit the home at least twice a year, and oftener, if in their
judgment necessary, and advise with the board of trustees and board of state
charities as to the interest of the home, and make such recommendations, in
writing, as they may deem necessary, addressed to the president of the board
of trustees; and a duplicate shall by said board of visitors be sent to the presi-
dent of the board of state charities. [1888, February 16: 85 v. 20; 82 v. 96.]
SEC. 676. [What children received, and how long retained.] The
trustees are authorized and required to receive into the home, under such rules
and regulations as they adopt, the children and orphans residing in Ohio of
such soldiers and sailors who have died or may hereafter die by reason of
wounds received or disease contracted in the late civil war, that are found to
be destitute of means of support and education; and the children, also, of
permanently disabled or indigent soldiers and sailors of said service found
destitute as aforesaid; and all children admitted shall be supported and edu-
cated until they are sixteen years of age, unless for good cause sooner dis-
charged. The board of trustees may, however, retain such children until they
arrive at the age of eighteen years and also retain all children who are mem-
bers of the graduating class until the close of that school year. [91 v. 217; 84
v. 40; Rev. Stat. 1880; 76 v. 171, §3.]
See acts mentioned at the head of this chapter.
The legislative approval in the act of April 19, 1881 (78 v. 309), of the construction given by the trustees of
the Ohio soldiers' and sailors' orphans' home to the act of April 13, 1880 (77 v. 187), requires the ten thousand
dollars appropriated by the last-named act to be distributed according to such construction, where no con-
tracts had been previously entered into by them for a different distribution of the fund: State v. Trustees
O. S. & S. O. Home, 37 0. S. 275.
SEC. 677. [How apportioned among counties.] The board shall, in
the admission of children, observe the rules prescribed in the foregoing section;
and every county shall be entitled to its proportion, according to population,
of the whole number that the home will accommodate, and no county is per-
mitted hereafter to have admitted into the home an excess over its proportion,
unless some of the counties refuse or neglect to make application within a
reasonable time to have their quota filled. [76 v. 171, §4.]
SEC. 678. [Education and training in useful knowledge.] The trustees
shall afford to all pupils under their charge such literary, technical, industrial,
and art education as can be made accessible to them. The trustees shall have
power to establish schools for the purpose of education, and shall also estab-
lish and maintain within the grounds of the home, shops wherein suitable
trades may be taught and practiced in a thorough and comprehensive manner,
and under their regulation the superintendent shall have power to employ the
proper persons to teach the pupils under their charge, and to dismiss such
instructors for cause. [76 v. 171, §5.1
411
Tit. V, Ch. 8.
O. S. & S. O. HOME.
$$ 679-694.
SEC. 679. [Procuring books, tools, etc.; disposition of products, and
finding homes for inmates.] The trustees, and, under their regulations, the
superintendent, shall have power to purchase books, material, tools, and
machinery necessary to carry out the said purposes, and to dispose of the pro-
ductions of the pupils to the best advantage of the institution, accounting for
the proceeds and expenditures in their annual report; and the trustees may,
when, in their opinion, the best interests of any inmates would be subserved
thereby, secure homes for any of them in private families upon such terms as
they may agree upon, reserving the right to replace such children in the home
if they shall deem it for their best interests. [76 v. 171, § 5.]
(679-1) [Trustees of the Ohio soldiers' and sailors' home may con-
tract for water.] The trustees of the Ohio soldiers' and sailors' orphans' home,
be and they are hereby authorized and empowered to contract with the Xenia
water company for a supply of water for said institution for a term of years not
to exceed twenty years, and and at a rate not to exceed fifteen cents per 1,000
gallons, for 1,000 gallons per day up to 20,000 gallons, and ten cents per 1,000
gallons, for 20,000 gallons per day and over. [87 v. 369.]
SEC. 680. [On discharge of pupils, what allowance to be made, and
care of them to be continued.] Those pupils working inside the institution
shall be entitled, on their discharge, to the net earnings during the two years
previous, to be approximated by the trustees, and, under their regulations, by
the superintendent; the pupils shall have the right to select for themselves
such trade or occupation as they may wish to engage in, but every pupil, male
or female, remaining in the institution after having completed his or her four-
teenth year, except in cases of debility or ill-health, must devote himself or
herself for part of his or her remaining time to the learning of one of the occu-
pations provided for; and when the pupils are discharged, the trustees, through
the superintendent, shall, so far as practicable, keep in communication with
the pupils, to enable them to report to the governor and general assembly in
regard to these children of the state. [76 v. 171, § 6.]
SECS. 681-691. [Repealed 1880, April 14: 77 v. 203-205; Rev. Stat. 1880.
Former statutes: 76 v. 171; 75 v. 591.]
SEC. 692. [The clerk: his appointment and bond.] The board of
trustees shall, on the nomination of the superintendent appoint a clerk for the
institution who shall hold his office at the pleasure of the board. Such clerk
shall, before entering on his duties, enter into a bond to the state, with at least
two good and sufficient sureties, to be approved by the attorney-general, in the
sum of five thousand dollars, conditioned that he will faithfully and honestly
perform the duties of his office, which duties shall be prescribed by the board
of trustees, and pay over and account for all moneys and property that shall
come into his hands by reason of his said office, belonging to the state, or to
any other person, which bond, with his oath of office indorsed thereon, shall
be filed in the office of the governor. [76 v. 171, § 18.]
SEC. 693. [Repealed 1880, April 14: 77 v. 203-205. Former statutes: Rev.
Stat. 1880; 75 v. 591.]
SEC. 694. [Peculation by trustees or officers to be felony.] Any
trustee, superintendent, clerk, physician, or matron, who shall conceal or con-
vert to his or her own use, any money, or other property of a value of thirty-
five dollars, belonging to said institution, or belonging to the state, or who
shall cheat, or attempt to cheat, or collude with any other person to cheat or
defraud such institution, or the state, in any manner whatever, shall be deemed
guilty of a misdemeanor, and, on conviction thereof, shall be imprisoned in
the penitentiary and kept at hard labor not more than ten years nor less than
one year and any trustee, superintendent, clerk, physician, or matron, who
412
$$ 695.
O. S. & S. O. HOME.
Tit. V, Ch. 8.
shall be directly or indirectly interested in any contract for the purchase of
any building material, or article of furniture, supply, provisions for the use of
said institution, or for any building or improvement, shall, on conviction
thereof be punished by imprisonment in the penitentiary at hard labor not
less than one nor more than ten years. [76 v. Î71, § 21.]
SEC. 695. [Salaries of officers and employes of O. S. and S. O. home.]
The superintendent shall receive as compensation for his said services, the sum
of twelve hundred dollars a year; the clerk, five hundred dollars a year; the
matron, four hundred dollars a year; the physician, who shall be required to
reside at the institution, and to devote his whole time to the professional care
of its inmates, twelve hundred dollars a year; the matrons of cottages, thirty
dollars per month; superintendent of instruction, nine hundred dollars a year;
school teachers, thirty dollars per month; seamstresses, fourteen dollars per
month; tailoresses, twenty dollars per month; said salaries shall be paid by
the superintendent in monthly installments, and receipts taken, and the several
amounts carried into the monthly accounts of the superintendent. [87 v. 250;
82 v. 245; 79 v. 121; 78 v. 225, 252; Rev. Stat. 1880; 76 v. 171, § 22.]
SEC. 696. [Curriculum and arrangement of studies.] The curriculum.
of the studies of the home for those having passed the thirteenth year shall be
such as to assist them most effectively in their future pursuits. The division
and assignment into schools and classes shall be so regulated that the pupils
may have the benefit of instruction in approved literary branches at such hours
as would appear to be most practicable whether given in evening schools, half-
time schools, or in schools during certain seasons only. [76 v. 171, § 23.]
SEC. 697. [The institution to be made a model school for various
branches of industry.] Whatever branches of industry the trustees may find
proper to introduce, shall be taught and practiced in such a thorough and
comprehensive manner, that the soldiers' and sailors' orphans' home shall be
considered as a model school for these particular branches; and said board of
trustees shall have power to make all necessary arrangements to carry into
effect the purposes of this chapter. [76 v. 171, § 25.]
(697-1) [Soldiers' and sailors' orphans' home; duties of superin-
tendent as to certain inmates of.] It shall be the duty of the superintendent
of the soldiers' and sailors' orphans' home, located at Xenia, Ohio, four weeks
before each child that has been admitted or may hereafter be admitted there,
arrive at the age of sixteen years, to ascertain what, if any, trade said pupil has
learned while at the home, and what trade or business each of said pupils so
arriving at the age of sixteen, desires in the future to engage in; thereupon said
superintendent shall forthwith cause a notice to be published in two news-
papers printed, and of general circulation in the state, one of which shall be
published in the county which said pupil was sent from, that said pupil desires
a situation in the business, as the case may be, and desires a home in a re-
spectable family, and compensation to be paid such pupil as the employer may
agree upon with said pupil and superintendent; the said superintendent shall
answer all communications and inquiries relating to the securing a respectable
home and employment for said pupil, and keep a record thereof, which shall
be kept open to public inspection. Said superintendent shall keep an account
of expenses made necessary by the provisions of this act. [81 v. 96.]
(697-2) [To make monthly report to board of directors of.] It shall
be the duty of the superintendent to make out a full report every thirty days
to the board of directors of said soldiers' and sailors' orphans' home, and it shall
be their duty to examine said report, together with all vouchers, and if the
same is found to be correct, the said board shall order the same to be paid out
of the appropriation made by the state for said institution. [81 v. 96.]
413
Tit. V, Ch. 9.
ASYLUMS FOR THE INSANE.
$(697-3).
(697-3) [Appropriation for support of children of indigent soldiers.]
There be and is hereby appropriated out of any money in the general revenue
fund, not otherwise appropriated, the sum of fifteen thousand dollars to be ex-
pended by the board of trustees of the soldiers' and sailors' orphans' home for the
maintenance and support, either in the Xenia home or such county children's
homes as the board may select, such children of soldiers as are now inmates or
that hereafter may become inmates of county infirmaries, and by existing law
are entitled to admission to the said Xenia home. Provided, however, that
said trustees shall not contract for the support of said children outside of the
said Xenia home at a per capita cost greater than the current expense cost of
supporting the children at the Xenia home; and, provided further, that all
expenses of transportation of said children from the infirmaries to the home.
to which they may be assigned shall be paid by the counties to which such
children belong. [83 v. 173.]
(697-4) [Providing for support outside of children entitled to admis-
sion to O. S. & S. O. H.] The trustees of the soldiers' and sailors' orphans'
home are hereby authorized to contract, at a per capita not to exceed the cur-
rent expense cost of supporting the children at the Xenia home, with the proper
officers of any of the children's homes authorized by the laws of Ohio, in this
state, for the support of such children as are by existing laws entitled to admis-
sion to the Xenia home; and the trustees, in providing for such children under
the provisions of this act, shall provide in all such contracts for having the
right to visit and examine into the condition and treatment of said children in
such homes. [84 v. 174.]
(697-5) [Repeal; proviso.] The act entitled "an act to provide for
the support of soldiers and sailors' orphans outside of the soldiers' and sailors'
orphans' home, in Xenia," passed April 13, 1880 (vol. 77, O. L., p. 187), as
amended April 20, 1881 (vol. 78, p. 201), be and the same is hereby repealed;
provided, that nothing in this section shall operate to impair any rights to the
appropriations made in said repealed act which have accrued heretofore; and
this act shall take effect on its passage. [84 v. 174.]
See State ex rel. v. Trustees, etc., Orphans' Home, 37 O. S. 275, 278, as to effect of proviso in 78 v. 201.
CHAPTER 9.
ASYLUMS FOR THE INSANE.
SECTION
Names of.
Districts.
698.
699.
699a. Opening of Massillon hospital.
6996. Superintendent; powers and duties.
699c. Admission of patients.
699d. Transfer of patients; expense of same.
700. Counties entitled to send patients in proportion
to population; how non-resident may be ad-
mitted; maintenance of inmates; medical
superintendent to notify probate judges of
quota to which county entitled.
701. When patients may be transferred.
702. Proceedings on application for admission.
703. Warrant of probate judge and subpoenas for wit-
SECTION
708. Dangerous lunatics to be confined.
709.
Patients having homicidal or suicidal propensities;
bond; incurable and harmless patients; patients
with certain propensities not to be kept in jails,
etc., discharge of patient unattended: expenses;
discharged patients requiring an escort; warrant
for removal; fees and expenses; removal of cer-
tain patients on trial visits; expenses.
710. Superintendent to report death, escape, etc., to pro-
bate judge; when patient discharged superintend-
ent may furnish clothing.
711.
Selection of patients.
712.
713.
When discharged patient becomes again insane.
Patient entitled to writ of habeas corpus.
nesses.
714.
704. Examination and certificate of physician.
705. Application for admission to asylum for insane :
conveyance of insane person to asylum; warrant
to admit patient and its return; when judge may
refuse to make application; right of relatives to
keep patient.
715.
Records of inquests of insanity to be preserved.
[Repealed.]
716.
717.
Escaped patients to be arrested and returned.
Discharge on request of relatives.
718.
Prosecuting attorneys to conduct suits for hos-
pitals.
719.
706.
Clothing of patient on adınission.
720.
Costs and fees in inquests of insanity.
Definition of terms used in this chapter.
707. Freccedings when patient can not be received.
721.
As to removal or discharge from infirmary.
414
§§ 698-699a.
ASYLUMS FOR THE INSANE.
Tit. V, Ch. 9.
SECTION
721-1. Confinement of insane person in prison, asy-
lum, etc.
721-2. Separate apartments for insane.
721-3. When sent to infirmary.
SECTION
721-4. Directors of infirmaries to provide separate
apartments; medical treatment of.
721-5. Medical report to be made.
721-6. Medical services: how paid.
For "an act to provide for additional accommodations for the insane," etc., see 80 v. 181,
For epileptics' hospital, see? (751-1) et seq.
For admitting inmates of Ohio Soldiers' and Sailors' Home becoming insane, sea
? (678—8) et seq.
Central Lunatic Asylum, Board for construction of, see 71 v. 43.
Commission to erect insane asylum in eastern part of state; donations; counties may
sell or donate land to, see 89 v. 164.
Purchase of Lucas County Infirmary by Toledo State Hospital, see 92 v. 423.
SEC. 698. [Names of.] The institutions for the care and treatment of the
insane in Ohio shall be respectively designated as follows: That near Cleveland,
as the Cleveland state hospital; that near Columbus, as the Columbus state hos-
pital; that near Dayton, as the Dayton state hospital; that near Athens, as the
Athens state hospital; that near Toledo, as the Toledo state hospital; that near
Massillon, as the Massillon state hospital and the Longview asylum of Cincin-
nati as the Longview hospital; and they shall each be under the charge of a
separate board of trustees. [91 v. 23; 84 v. 203; Rev. Stat. 1880; 75 v. 64, § 1;
(S. & C. 840).]
SECTION 2. [Saving clause.] That said change shall in no way affect the
rights of any of said institutions to any appropriation heretofore made, or to
any claim now existing in its favor, nor to affect any contract or contracts here-
tofore made by or on behalf of either or any of said institutions, nor shall
said change in any way affect those now in charge of such institutions. [91
v. 24.]
SEC. 699. [Districts.] The districts of the state hospitals, named in the
last preceding section, shall be respectively as follows:
The district of the Cleveland state hospital shall be composed of the coun-
ties Ashtabula, Cuyahoga, Geauga and Lake.
The district of the Massillon state hospital shall be composed of the counties
Ashland, Carroll, Columbiana, Harrison, Holmes, Jefferson, Lorain, Medina,
Mahoning, Portage, Stark, Summit, Trumbull, Tuscarawas and Wayne.
The district of the Athens state hospital shall be composed of the counties
of Adams, Athens, Clinton, Gallia, Highland, Hocking, Jackson, Lawrence,
Meigs, Monroe, Morgan, Noble, Perry, Pike, Ross, Scioto, Vinton and Washing-
ton.
The district of the Dayton state hospital shall be composed of the counties.
Brown, Butler, Clermont, Darke, Green, Miami, Montgomery, Preble, Shelby
and Warren.
The district of the Columbus state hospital shall be composed of the coun-
ties Belmont, Champaign, Clark, Coshocton, Delaware, Fairfield, Fayette, Frank-
lin, Guernsey, Knox, Licking, Madison, Marion, Morrow, Muskingum, Picka-
way and Union.
The district of the Toledo state hospital shall be composed of the counties
of Allen, Auglaize, Crawford, Defiance, Erie, Fulton, Hancock, Hardin, Henry,
Huron, Logan, Lucas, Mercer, Ottawa, Paulding, Putnam, Richland, Sandusky,
Seneca, Van Wert, Williams, Wood and Wyandot. [93 v. 25; 1887, March 21:
84 v. 203; Rev. Stat. 1880; 75 v. 64, §2; (S. & C. 840).]
SEC. 699a. [Opening of Massillon hospital.] The board of trustees of
the Massillon state hospital, appointed in conformity with the act establishing
the hospital, and for the purpose of its construction, shall be empowered to
furnish and occupy such buildings as are ready for occupancy or that may be
made ready hereafter, during the progress of the work of construction, and
415
Tit. V, Ch. 9.
ASYLUMS FOR THE INSANE.
$$ 6996-700.
until such time as the governor may deem it to the interests of the hospital to
appoint a board of trustees under the general law governing the state benevo-
lent institutions, at which time the terms of office of the present board shall
terminate. [93 v. 26.]
SEC. 699b. [Superintendent; powers and duties.] The said board of
trustees shall have authority to appoint a superintendent during the comple--
tion of the work of construction, who shall have had experience in the care
and treatment of the insane and who shall be authorized to superintend the
work of construction and to furnish and open such buildings as are now or may
be hereafter made ready for occupancy during the progress of the work. Said
superintendent shall also have charge of said buildings when occupied, and of
the patients kept therein, employing the necessary officers and employes under
the direction of the board and as required for the purposes mentioned. [93
v. 26.]
SEC. 699c. [Admission of patients.] Patients may be admitted to the
Massillon state hospital while the work of construction is in progress from such
counties of the district set apart for said hospital in section 699 of this act, as
can be provided for therein and the board of trustees of said hospital are
authorized to designate said counties from time to time as accommodations
may become available. [93 v. 26.]
SEC. 699d. [Transfer of patients; expense of transfer.] As soon as
practicable, after the accommodations at the Masillon state hospital become.
available, the patients in each of the state hospitals who have been sent thereto
from a county which does not belong to the district of any such hospital as
fixed by section 699a shall be transferred to the hospital of the proper district;
any such transfer to be made at such time and in such manner as may be
agreed upon by the superintendents of the hospitals to be thereby affected, and
thereafter, new patients from any such county shall be sent to the institution.
to which it is assigned therein. The expense of the transfer of patients as pro-
vided for in this act shall be paid out of the current expense fund of the insti-
tution from which the patients are removed. [93 v. 26.]
SEC. 700. [Counties entitled to send patients in proportion to popula-
tion; how non-resident may be admitted; maintenance of inmates; medi-
cal superintendent to notify probate judges of quota which county entitled.]
Each county is entitled to send patients to the hospital of the district in which
such county is situated in proportion to the number of insane residents in
such county requiring state care, said number of insane in each county being
ascertained annually by the board of state charities and reported to the super-
intendent of each of the state hospitals and to the probate judge of each of
such counties on the fifteenth day of November of each year. No person shall
be admitted into either of the hospitals belonging to the state, except an in-
habitant of the state, unless by joint resolution of the general assembly, which
joint resolution shall specifically name the person to be admitted, and no per-
son shall be considered an inhabitant within the meaning of this chapter, who
has not resided within the state one year next preceding the date of his or her
application, and no person is entitled to the benefits of the provisions except
those whose insanity has occurred during the time such persons have resided in
the state. All persons who have been or may hereafter be admitted into either
of the state hospitals, shall be maintained therein at the expense of the state,
except as is provided in section six hundred and thirty-one of this title of the
Revised Statutes of Ohio. The trustees may direct the discharge of a person
when they deem it expedient. The medical superintendents of each of the
state hospitals shall inform the probate judge of the different counties com-
prising the district, monthly, of the quota of patients to which the said county
is entitled and the number in the hospital from said county, and the probate
416
$$ 701-704.
ASYLUMS FOR THE INSANE.
Tit. V, Ch. 9.
judge may at any time forward an acute case if the quota is not full and the
papers and clothing are in compliance with law. [93 v. 26; 81 v. 14; 78 v.
62; Rev. Stat. 1880; 75 v. 64, § 17; (S. & C. 842; S. & S. 435).]
Under 700 of the Revised Statutes, prior to its amendment March 18, 1881, patients, after their admis
sion into the asylums of the state for the insane, were clothed at the expense of the state. Since the amend-
ment, the expense of furnishing such clothing is, under 631, chargeable on the estates of the patients, or
on those who would be legally bound to furnish it if they were not in the asylum: State v. Kiesewetter,
37 O. S. 546.
If the duty of supplying patients with clothing, as required by 2631, should not be performed, the
remedy, in such case of failure, is for the institution to furnish it, under 2 632, and for the amount so fur-
nished it is to be reimbursed as therein provided: Ib. 546.
The superintendent, acting in good faith, with the assent of the trustees, and solely with reference to
the welfare of the patient, may permit her to be removed to and remain temporarily at the residence of a
near relative, although beyond the limits of the state: Rutter v. State, 38 O. S. 496.
SEC. 701. [Patients may be transferred to other asylums.] If, at any
time, either of the asylums can not accommodate the patients of the district to
which it is attached, such patients may be transferred to the asylum of either
of the other districts, which may at the time have room for said patients, such
transfers to be made upon the order of the governor, upon the recommendation
of the medical superintendent of the asylum of each district to be thereby
affected. [75 v. 64, § 18; (S. & C. 840).]
SEC. 702. [Proceedings for admission of patients.] For the admission
of patients to any of the asylums for the insane, the following proceedings
shall be had: Some resident citizen of the proper county shall file with the
probate judge of such county an affidavit, substantially as follows:
THE STATE OF OHIO,
COUNTY, SS.:
the undersigned, a citizen of
county, Ohio, being sworn, says that he believes
is insane, (or, that in consequence of his insanity, his being at large is dangerous to the community).
He has a legal settlement in township, in this county.
Dated this
A. B.
day of
A. D.
[75 v. 64, 219; (S. & C. 843).]
Admission of adults to custodial department of institution for feeble minded by same
course of legal commitment governing admission to state hospital for insane, see ? (674—6).
Sections 702 to 714 cited to show that probate jurisdiction continues until patient finally discharged:
Heckman v. Adams, 50 O. S. 305, 314-15.
SEC. 703. [Warrant and subpoenas; when hearing may be in the
absence of the alleged lunatic.] When the affidavit is filed, the probate
judge shall forthwith issue his warrant to some suitable person, commanding
him to bring the person alleged to be insane before him, on a day therein
named, which shall not be more than five days after the affidavit has been
filed, and shall immediately issue subpoenas for such witnesses as he deems
necessary (one of whom shall be a respectable physician), commanding the
persons in such subpoenas named to appear before the judge on the return day
of the warrant: and if any person disputes the insanity of the party charged,
the probate judge shall issue subpoenas for such person or persons as are
demanded on behalf of the person alleged to be insane: provided, that if,
by reason of the character of the affliction or insanity of said person, it is
deemed unsuitable or improper to bring the person into such probate court,
then the probate judge shall personally visit said. person and certify that he
has so ascertained the condition of the person by actual inspection, and all
proceedings as herein required, may then be had in the absence of such per-
son. [75 v. 64, § 20; (S. & C. 843).]
SEC. 704. [Hearing: certificate by medical witness.] At the time.
appointed (unless for good cause the investigation is adjourned) the judge shall
proceed to examine the witnesses in attendance; and if, upon the hearing of
the testimony, he is satisfied that the person so charged is insane, he shall cause
a certificate to be made out by the medical witness in attendance, which shall
set forth the following:
1. Name of patient, with christian name at length.
2. Sex, age, married, single or widowed.
3. Condition of life and previous occupation if any.
417
Tit. V, Ch. 9.
ASYLUMS FOR THE INSANE.
4. Religious persuasion, so far as known.
5. Previous place of abode.
6. Whether first attack.
7. Age (if known) on first attack.
8. When and where previously under treatment.
9. Duration of existing attack.
10. Supposed cause.
11. Whether subject to epilepsy.
12. Whether suicidal.
13. Whether dangerous to others.
§ 705.
14. Facts or symptoms indicating insanity observed by examining phy-
sician.
15. Physical causes.
16. Moral causes.
17. Predisposing causes.
18. Habits of patient.
19. Habits of parents.
20. Hereditary, or not.
21. Whether patient is free or not from any infectious disease. [75 v. 64,
§21; (S. & C. 843).]
SEC. 705. [Application for admission to asylum for insane; convey-
ance of insane person to asylum; warrant to admit a patient and its
return; when judge may refuse to make application; right of relatives to
keep patient.] The probate judge, upon receiving the certificate of the
medical witness, made out according to the provisions of the preceding section,
shall forthwith, apply to the superintendent of the asylum for the insane, sit-
uated in the district in which such patient resides; he shall, at the same time,
transmit copies under his official seal of the certificate of the medical witness,
and of his findings in the case; upon receiving the application and certificate,
the superintendent shall immediately advise the probate judge whether the
patient can be received, and if so, at what time; the probate judge, when
advised that the patient will be received, shall forthwith issue his warrant to
the sheriff, commanding him to forthwith take charge of and convey such
insane person to the asylum; if the probate judge is satisfied, from proof,
that an assistant is necessary, he may appoint one person as such assistant;
provided, if such insane person be a female, the probate judge shall appoint a
suitable female assistant to accompany said sheriff and such insane person to
the asylum. The warrant of the probate judge shall be substantially as follows:
To
THE STATE OF OHIO,
COUNTY, SS.:
Office of the probate judge of said county.
All the proceedings prescribed by law to entitle
to be admitted into the asylum for the insane
having been had, you are commanded, forthwith, to take charge of, and convey said
to the asylum
for insane, at— -; and you are authorized to take
as assistant; after executing this warrant you
will make due return thereof to this office. Witness my hand and official seal this- day of A. D.
Probate Judge.
Upon receiving such patient, the superintendent shall endorse upon the
warrant, a receipt substantially as follows:
Received this day, of
Asylum for the insane at
the patient named in this warrant.
3
A. D.-
Superintendent.
This warrant, with the receipt of the superintendent thereon, shall be
returned to the probate judge who issued it, and shall be filed by him with the
other papers relating to the case; if the medical witness does not state in his
certificate that the patient is free from all infectious diseases and from vermin,
the probate judge shall refuse to make the application to the superintendent
as herein provided, until such certificate is furnished; the relatives of any
28
418
$ 706–708.
ASYLUMS FOR THE INSANE.
Tit. V, Ch. 9.
person charged with insanity, or who is found to be insane, shall, in all cases,
have the right to take charge of and keep such insane person charged with
insanity if they desire to do so; and in such case, the probate judge, before
whom the inquest has been held, shall deliver such insane person to them.
[1888, February 20: 85 v. 21; Rev. Stat. 1880; 75 v. 64, § 22; (S. & C. 843).]
See note to Infirmary Directors v. Merkle et al., 3 N. P. 169; 4 O. D. 190, under ¿ 971.
SEC. 706. [Probate judge shall see that the patient has proper
'clothing.] When a patient is sent to the asylum for the insane, the probate
judge shall see that he is supplied with the proper clothing, and, if not other-
wise furnished, he shall furnish such clothing, and in such case, the same shall
be paid for upon his certificate and the order of the county auditor, out of the
county treasury: For a male patient, the clothing shall be, a coat, vest, and
two pairs of pantaloons, all of woolen cloth, two pairs of woolen socks, two
pocket handkerchiefs, two cravats, one hat or cap, a pair of shoes or boots, a
pair of slippers, three cotton shirts, two pairs of drawers, two undershirts and
an overcoat or other outside garment sufficient to protect him in severe weather:
for a female patient, such clothing shall be, two substantial gowns or dresses,
two flannel petticoats, two pairs of woolen stockings, one pair of shoes, one
pair of slippers, two handkerchiefs, a good bonnet, two cotton chemises, and a
large shawl or cloak: In both cases, the clothing shall be new, or as good as
new, and the woolens of a dark color; and such clothing shall be delivered in
good order, with the patient, to the superintendent, and, without such cloth-
ing, the superintendent, shall not be bound to receive the patient. [75 v. 64,
§23; (S. & C. 844).]
See note to State v. Kiesewetter, 37 O. S. 546, under 700.
SEC. 707. [Proceedings when insane person can not be admitted to
asylum. If a person found to be insane can not be admitted into the asylum,
the probate judge shall direct the sheriff of the county, or some other suitable
person, to take charge of such insane person until the cause of non-admission
is removed, and, if necessary, he may direct the confinement of such insane
person in the county infirmary or jail, (but not in the same room with a person
charged with or convicted of a crime), as the circumstances require; and if all
things needful are not otherwise supplied, he shall furnish them, and in that
case, they shall be paid for out of the county treasury, on the certificate of the
probate judge; but he shall not, in any case, furnish anything, either in the
way of clothing, or for any other purpose, to a person who is not in needy cir-
cumstances: if there is no physician regularly employed to attend the jail or
infirmary, the probate judge may employ one to attend any idiot or lunatic
therein, and the physician so employed shall receive a compensation not
exceeding two dollars per day, to be paid out of the county treasury on the
certificate of the probate judge. [75 v. 64, § 24; 53 v. 81, § 64; S. & C. 851;
(S. & C. 844).]
This section is repealed (93 v. 276) to take effect June 1, 1900.
The probate judge under 22 707, 708, can only send an insane to the county infirmary when he is await
ing admission to an insane asylum or is dangerous. Brown v. Infirmary directors, 49 O. S. 578.
SEC. 708. [When a lunatic at large is dangerous he may be con-
fined.] When an insane person, not entitled to admission into an asylum, is
at large, and being so at large, is dangerous to himself or others, and such fact
is established to the satisfaction of the probate judge, he shall immediately
order such lunatic to be confined and provided for, as directed by the next
preceding section; and when a person is so confined, and the attending physi-
cian certifies that such person is restored to reason, or that it is not necessary
longer to confine him, or if his friends agree to take the care of him, the pro-
bate judge shall immediately order his discharge. [75 v. 64, § 25; (S. & C. 845).]
This section is repealed (93 v. 276) to take effect June 1, 1900.
419
Tit. V, Ch. 9.
ASYLUMS FOR THE INSANE.
$ 709.
SEC. 709. [Patients having homicidal or suicidal propensities; bond;
incurable and harmless patients; patients with certain propensities not to
be kept in jail, etc.; discharge of patient unattended: expenses; discharged
patients requiring an escort; warrant for removal; fees and expenses;
removal of certain patients on trial visits; expenses.] On consent and
advice of the trustees, the superintendent may discharge any patient from any
asylum for the insane, when he deems such discharge proper and necessary;
provided, no patient with known homicidal or suicidal propensities, shall be
discharged without a bond in the sum of one thousand dollars, with two or
more sureties, to the approval of the probate judge of the county of which the
patient is an inhabitant, payable to any person who shall be injured in person
or property by an insane act of such discharged person while at large on such
discharge, and conditioned to save harmless by paying all damage to such in-
jured person as shall arise in consequence of such insane act, committed by
such discharged person. When, in the opinion of the superintendent, the
condition of any patient at the time of discharge, is such as to justify such
action, he may permit such patient to go to his home, or leave the institution
unattended; and if such patient is not financially able to bear his own ex-
penses, the superintendent of such institution may furnish the patient suffi-
cient sum to pay his traveling expenses, and charge the same to the current
expense fund of the institution; such sum in no case shall exceed twenty
dollars. In call ases requiring an escort, should neither the patient nor the
friends of the patient be financially able to bear the expense of his removal,
the superintendent shall give notice to the probate judge of the county of which
the patient is an inhabitant, and said probate judge shall forthwith issue his
warrant to some suitable person, giving the friends of patients the preference,
which warrant shall read as follows:
THE STATE OF OHIO,
The proper authority having directed that
insane at
be removed therefrom, you are
return him to his home in said state.
Witness my haud and official seal, this
day of
COUNTY, SS.:
Office of the Probate Judge of said County.
-, a patient from this county in the asylum for the
commanded forthwith to remove said patient, and
18-
A. B., Probate Judge.
Upon receipt of said warrant, the person to whom it is directed, shall forth-
with execute it, and return it to the probate judge, by whom it was issued, and
said probate judge shall ascertain and fix the allowance to the person executing
such warrant, for expenses and fees, and certify the same to the county auditor,
who shall draw his warrant therefor on the county treasurer. In the case of
any patient having no known homicidal or suicidal propensities, the superin-
tendent is authorized, whenever he deems the best interests of such patient to
require it, to permit said patient to leave the institution on a trial visit, not
in any case to exceed ninety days, the patient being returnable at any time
within that date, should [such] return be necessary, without further legal pro-
ceedings. The removal of such patient on such trial visit shall be made in the
same manner as provided in this section for the removal on discharge, and
when return from such visit is necessary, and neither the patient nor the
friends of the patient are financially able to bear the expense, said return shall
be made on the warrant of the probate judge, in the same manner as provided
herein in the case of discharged patients in like circumstances. [93 v. 274;
85 v. 122; Rev. Stat. 1880; 75 v. 64, § 26; (S. & C. 845).]
The compensation of the person appointed under the above section to remove the insane person is de-
termined by 719. State v. High, 7 C. C. 128, 130.
The probate judge who is notified of the order for the discharge of a patient from the asylum, under
329 and 27 of the act of April 7, 1856 (53 v. 81), has no judicial discretion in issuing a warrant for the removal
of the patient. The power of the officers of the asylum to discharge is plenary, and, when made, the duty of
the probate judge to issue the warrant is entirely ministerial, and. if he refuse, he may be compelled, by
mandamus, to issue the warrant: State v. Burgoyne, 7 O. S. 153; but these sections apply only to patients hav
ing a settlement in the county, and do not require the return of non-residents sent from the county to the
penitentiary, and thence transferred to the asylum: State v. Jones, 17 O. S. 148.
See note to Rutter v. State, 38 O. S. 496, under 2 700.
No allowance to the sheriff for a conveyance to the asylum, can be had except in Cuyahoga county,
under ¿ 719: Tuall v. Commissioners, 4 O. D. 318 ; 3 N. P. 112.
420
S$ 710-715.
ASYLUMS FOR THE INSANE.
Tit. V, Ch. 9.
SEC. 710. [Superintendent to report death, escape, etc., to probate
judge; when patient discharged superintendent may furnish clothing.]
The superintendent shall, immediately after the removal, death, escape, or dis-
charge of any patient, or return of an escaped patient, report the same to the
probate judge of the county from which such patient was committed, and, in
case of death, he shall notify one or more of the nearest relatives of such
deceased patient, if known to him, either by letter or telegraph, as to him may
seem best, and if the place of residence of such relatives is unknown to the
superintendent, the probate judge, immediately upon receiving notification,
shall in the speediest manner possible, notify such relations, "if known to
him," and when a patient is discharged, as cured, the superintendent may fur-
nish such patient with suitable clothing and a sufficient sum of money to pay
the actual traveling expenses of such patient to the township in the county
from which he or she was sent, not in any case exceeding twenty dollars.
[1881, April 6: 78 v. 102; Rev. Stat. 1880; 75 v. 64, § 27; (S. & C. 845).]
SEC. 711. [How patients selected in certain cases.] If application is
made to an asylum for the insane, for the admission of more patients than
such institution can accommodate, a selection shall be made as follows:
1. Recent cases, that is, where the disease is of less than one year's duration,
shall have the preference over all others in the same county: 2. Chronic
cases, that is, when the disease is of more than one year's duration, presenting
the most favorable prospect of recovery, shall be next preferred: 3. Those
for whom applications [have been] longest on file, other things being equal, shall
next be preferred: 4. No county can have in any institution more than
its just proportion according to its population, except in cases where some
other county in the same asylum district has not a sufficient number of patients
to fill up its proportion: in such cases, the superintendent may admit from a
county, more than its just proportion, giving preference to patients applying
as herein provided. [75 v. 64, § 28; (S. & C. 846).]
This section is repealed (93 v. 276) to take effect June 1, 1900.
SEC. 712. [Proceedings when a person becomes again insane.] When
a person, discharged from an asylum for the insane as cured, again becomes
insane before such person can again be admitted to an asylum for the insane,
the same proceedings shall be had as in case of an original application for the
admission of patients to an asylum, as provided in sections 702, 703, 704 and
705 of the Revised Statutes of Ŏhio. [93 v. 150; 75 v. 64, § 29; (S. & C. 846).]
SEC. 713. [Benefit of habeas corpus.] All persons confined as insane
shall be entitled to the benefit of the writ of habeas corpus, and the question
of insanity shall be decided at the hearing; and if the judge decides that the
person is insane, such decision is no bar to the issuing of the writ a second
time, when it is alleged that such person has been restored to reason. [75 v.
64, § 30; (S. & C. 846).]
The question of sanity cannot be determined on the application for a writ, but only on the issue made.
The writ must be issued: Gunning in re, 14 C. C. 507 ; 7 O. D. 443.
SEC. 714. [Papers in case of inquest shall be preserved.] In all cases
of inquests held under the provisions of this chapter, the probate judge shall
file and preserve all papers left with him, and shall make such entries upon
his docket as will, together with the papers so filed, preserve a perfect record
of each case tried by him. [75 v. 64, §31; (S. & C. 846).]
On A.'s trial for a crime, he relied on insanity as a defense, and, as evidence tending to prove the defense,
offered a record from the probate court showing that four years previous to the commission of the alleged
crime an inquest had been held in that court and that he had been adjudged insane and confined in an asy-
lum: Held, that the evidence was admissible: Wheeler v. State, 34 O. S. 394.
SEC. 715. [Repealed 1881, April 6: 78 v. 102. Former statutes: Rev. Stat.
1880; 75 v. 64, §32.j
421
Tit. V, Ch. 9.
ASYLUMS FOR THE INSANE.
§§ 716-720.
SEC. 716. [Patient escaping shall be arrested.] If a patient escapes
from an asylum for the insane, and returns to the county whence he was com-
mitted, the sheriff of such county, when notified by the superintendent, shall
forthwith arrest and return him to the asylum, for which service the sheriff
shall be allowed and paid such fees as are allowed by law for the commitment
of insane persons to the asylums, which fees shall be paid by the steward on the
certificate of the superintendent. [75 v. 64, § 33; (S. & C. 846).]
SEC. 717. [Bond required when friends of a patient want him dis-
charged.] If the friends of a patient ask his discharge from the asylum, the
superintendent may require a bond to be executed to the state, in such sum
and with such sureties as he deems proper, conditioned for the safe keeping of
such patient; but no patient who is charged with or convicted of homicide
shall be discharged without the consent of the superintendent and the board
of trustees of such asylum. [75 v. 64, §34; (S. & C. 847).]
See note to Rutter v. State, 38 O. S. 496, under 2 700.
SEC. 718. [Prosecuting attorneys shall attend to suits.] Prosecuting
attorneys shall attend to all suits instituted on behalf of the asylums for the
insane and shall be entitled to a compensation of five per cent. on all suma
collected for the same. [75 v. 64, § 35; (S. & C. 847).]
SEC. 719. [Costs and fees in inquests of insanity.] The taxable costs
and expenses to be paid under the provisions of this chapter shall be as fol-
lows: To the probate judge with whom the affidavit is filed, the sum of two
dollars for holding an inquest; for each warrant, certificate or subpoena he
necessarily issues, the same fees as are allowed by law to the clerk of the court
of common pleas for similar services; and the amount of postage on all com-
munications to and from the superintendent which the judge is required to
pay; to the medical witness who makes out the certificate, two dollars, and
witness fees such as are allowed by law in other cases; to the witnesses and
constables, the same fees as are allowed by law for like services in other cases;
to each person employed by the probate judge to commit a lunatic to the
county infirmary, seventy-five cents per day; to the jailer for keeping an idiot
or insane person, thirty-five cents per day; to the sheriff, or other person, other
than an assistant, for taking an insane person to a state hospital, or removing
one therefrom upon the warrant of the probate judge, mileage at the rate of
five cents per mile, going and returning, and seventy-five cents per day for the
support of each patient to and from the hospital, and to one assistant five cents
per mile, each way, and nothing more, for said services, the number of miles
to be computed in all cases by the nearest route traveled; the costs specified
shall be paid out of the county treasury, upon the certificate of the probate
judge, provided that when it appears necessary to the sheriff at the time of con-
veying said person to the hospital, the condition of the patient requires the
same, he shall be authorized to provide a conveyance for said patient from the
nearest railroad station, except that in counties where state hospitals are located,
the sheriff may provide a conveyance from the county seat, and the costs of
the same shall be taxed in the bill of costs and paid as other costs in the case.
[93 v. 198; 89 v. 241; 88 v. 439; 83 v. 36; Rev. Stat. 1880; 75 v. 64, $36; (S.
& C. 847).]
This section regulates sheriff's compensation in transporting insane to insane asylum: Ward v. Russell,
57 O. S. 144.
Does not authorize payment of mileage to sheriff on account of assistant, although he is ordered to take
assistant by probate court: Id.
SEC. 720. [Definitions of terms.] The terms "insane" and "lunatic," as
used in this chapter, include every species of insanity or mental derangement;
the term "idiot" is restricted to a person foolish from birth, one supposed to
be naturally without a mind; a person with a family is one who has a wife
422
$721.
ASYLUMS FOR THE INSANE.
Tit. V, Ch. 9.
and child or either; the words "needy circumstances," when applied to a person
without a family, means one whose estate, after the payment of his debts, and
excluding from the estimate such part of his estate as is exempt from execu-
tion, is worth less in cash than five hundred dollars; and the same words,
when applied to a person having a family, means one whose estate, estimated
as aforesaid, is worth less in cash, after the payment of his debts and the sup
port of his family for one year, than one thousand dollars: provided, that
when the words are applied to a married woman, her estate, and that of her
husband, shall be estimated, as aforesaid, and the amount shall determine the
question whether she be in needy circumstances or not, within the meaning of
this chapter. [75 v. 64, § 37; (S. & C. 850).]
SEC. 721. [As to removal or discharge from infirmary.] When the
probate judge issues his warrant for the removal to an asylum for the insane
of any insane person, temporarily committed to a county infirmary, the cer-
tificate of the superintendent of such infirmary, or the physician in charge
thereof, that the condition of such insane person, by recovery or otherwise, has
so changed as to make it unsuitable to remove him to the asylum, shall be a
sufficient return to the warrant; and the superintendent of the infirmary is
authorized, in case such person has recovered, to discharge him therefrom.
[75 v. 64, § 38.]
This section is repealed (93 v. 276) to take effect June 1, 1900.
For "hospital for epileptic insane," see ? (751-1) et seq.
As to procedure for committing to O. S. & S. Home, see ? (678—8) et seq.
(721-1) [Confinement of insane person in prison, asylum, etc.] No
insane person shall hereafter be kept or confined for any length of time ex-
ceeding forty-eight hours in any jail or prison in this state, nor shall they be
kept or confined in any asylum, infirmary, or other place of detention, or
public charity, unless regularly committed thereto as provided by law; and it
is hereby made the duty of the sheriff, superintendent, or other principal officer
of the institutions aforesaid, to report all such cases forthwith to the probate
judge of their respective counties, as soon as the facts are made known to them.
81 v. 102.]
Insane cannot be kept at county infirmaries after June 1, 1900, see ? (971—1).
This section is repealed (93 v. 276) to take effect June 1, 1900.
See note to Infirmary Directors v. Merkle et al., 3 N. P. 169; 4 O. D. 190, under 2 971.
(721-2) [Separate apartments for the insane.] All persons legally
committed as insane shall be provided with suitable rooms or apartments
especially set off for the insane, and no sane person shall be permitted to oc-
cupy such rooms or apartments, except the officers or employes of the institu-
tion, of the same sex, in the discharge of their duties. [81 v. 102.]
This section is repealed (93 v. 276) to take effect June 1, 1900.
(721-3) [When sent to infirmary.] In all cases of insanity, when
the probate judge in his examination has reason to believe it a first attack of
the disease, and in case he can not for any cause send the patient to a regular
asylum for the insane, he shall order him sent to the city or county infirmary,
or to such other place as may be provided with suitable accommodations, ade-
quate to carry into effect the requirements of this act, and shall immediately
order such skilled medical treatment and proper attendance as he may deem
vital for the patient, and his restoration to reason. [81 v. 102.]
This section is repealed (93 v. 276) to take effect June 1, 1900.
(721—4) [Directors of all infirmaries to provide separate apart-
ments; medical treatment of.] The board of directors of the county and city
423
Tit. V, Ch. 9.
ASYLUMS FOR THE INSANE.
§ (721-5).
infirmaries of the state shall provide separate apartments and suitable attend-
ance for all patients suffering from a first attack of insanity, and they shall
furnish in each case such care and treatment as may be prescribed by the
physician in charge, who may be either the regular physician of the infirmary,
or such other expert practitioner as the probate judge may select; provided,
the family of such insane person may choose their own physician. [81 v. 102.]
This section is repealed (93 v. 276) to take effect June 1,
See also 2 970.
1900.
(721-5) [Medical report to be made monthly.] The physician in
charge shall report the condition of each patient under his treatment to the
probate judge monthly, or oftener if required, giving statement of progress
toward recovery, and such other information as may from time to time be
asked or demanded of him, but nothing in this act shall forbid the transfer of
any patient to any regular insane asylum of the state at any time whenever
such transfer can be effected. [81 v. 102.]
This section is repealed (93 v. 276) to take effect June 1, 1900.
(721-6) [Medical services; how to be paid.] The probate judge
may allow for services of the physician, a sum not exceeding two dollars for
each visit, which amount and all other expenses for the care of patients as
herein provided, shall, when approved by the probate judge, be paid out of the
poor or infirmary fund of the city or county the same as in other cases. [81
v. 102.]
This section is repealed (93 v. 276) to take effect June 1, 1900.
:
·
424
S$ 722-724.
LONGVIEW ASYLUM.
Tit. V, Ch. 10.
SECTION
722. Name; governing officers.
723. Directors: how appointed; their term.
724. Shall be allowed their necessary expenses.
725. Shall organize, and appoint officers.
726. Shall visit the asylum, and examine the ac-
counts of the steward.
CHAPTER 10.
LONGVIEW ASYLUM.
SECTION
737. Inmates shall be maintained at the expense of
the county.
738. Proceedings to obtain admission.
739. Warrant, etc.
740.
Examination, etc.
741.
727. Shall make record of their proceedings, etc.
728. Annual meeting: when held; quorum, etc.
729. The directors may remove the officers, etc.
730. They may suspend an officer when charges are
preferred.
742.
Patient shall be taken to the asylum, how.
Proceedings for discharge of patient: form of war-
rant; proviso.
743.
744.
745.
Papers in case of inquest shall be preserved.
A patient who has escaped shall be returned.
Action for debts due the asylum.
731. Superintendent: his qualifications, duties, etc.
732. Assistant physicians.
746.
Prosecuting attorney shall attend to suits.
747. Official seal of the asylum.
733. Duties of the steward.
734.
Steward's bond.
735.
Further duties of the steward.
736. Qualifications for admission.
For ?? 722-751, see (S. & S. 442–446).
748. Costs and expenses: how paid.
749.
Penalties.
750. Asylum: how to be supported.
751. County commissioners may levy tax.
SEC. 722. [Name; governing officers.] The hospital for the insane in
the county of Hamilton shall be called Longview asylum, and shall be gov-
erned and conducted by a board of five directors, superintendent, assistant
physicians, steward and other needed officers. [75 v. 93, § 1.]
Sections 722 to 751, inclusive, Chapter 10, Rev. Stat., do not constitute a contract between the state and
the county of Hamilton. The act of April 5, 1880 (77 v. 249), appropriating ten thousand dollars for Longview
asylum, is valid. Neither of these statutes is within the provision of 2 29, Art. II, of the Constitution, which
requires the vote of two-thirds of the members elected to each branch of the general assembly. The pay-
ment of a claim against the state was not the subject-matter of this legislation. The sole object was the
making of a provision for the support of a public institution, which the Constitution enjoins upon the gen-
eral assembly (Const., Art. VII, 21): State v. Oglevee, 36 O. S. 211.
SEC. 723. [Directors: how appointed; their term; vacancy: how
filled.] The directors of this asylum must be residents of Hamilton county, and
shall be appointed as follows: two by the governor, by and with the advice and
consent of the senate, one by the judges of the court of common pleas of Ham-
ilton county, one by the judge of the probate court of said county, and one by
the commissioners thereof; and they shall hold their office for the term of five
years, and until their successors are appointed and qualified: provided, that
the directors in office, when this chapter takes effect, shall hold for the terms
for which they were, respectively, appointed, and their places shall, on expira-
tion of term, be filled by the same authorities by which they were, respectively,
appointed: provided, further, that in case of a vacancy in said board by death,
resignation, or otherwise, the authority having appointed the member whose
place has become vacant shall appoint another member for the unexpired
term. [75 v. 93, § 2.]
Longview asylum, though a public, is not a state institution, within the meaning of 32, Art. VII, of
the Constitution, which requires the trustees of such institutions to be appointed by the governor; and this
section, by providing for the appointment of directors of the asylum otherwise than by the governor, is not in
conflict with the above provision of the Constitution: Chalfant v. State ex rel., 37 O. S. 60.
SEC. 724. [Shall be allowed their necessary expenses.] The directors
of this asylum shall discharge their duties without compensation, except that
they shall be paid for their loss of time and necessary expenses during the time
they are actually engaged therein, such payment not to exceed the sum of two
hundred and fifty dollars per annum, which shall be paid out of the county
treasury, on the allowance of the county commissioners, upon the warrant of
the county auditor. [75 v. 93, § 3.]
425
Tit. V, Ch. 10.
LONGVIEW ASYLUM.
$$ 725-730.
SEC. 725. [Shall elect president and secretary, and appoint super-
intendent, etc.] The directors shall elect a president and secretary from their
own number, and they shall appoint a superintendent for the asylum, and, on
the nomination of such superintendent, a steward, assistant physician, and such
other officers and employes as are necessary; and the salary and compensation
of these officers, and all others who are employed in the asylum, shall remain
as they now are; but the directors may, at any time change, and fix the sala-
ries and compensation of these persons, subject to the approval of the commis-
sioners of Hamilton county. [75 v. 93, § 4.]
SEC. 726. [Shall visit the asylum and approve accounts of steward.]
One or more of the directors shall visit the asylum, weekly, and all of them,
monthly, and they shall, monthly, with the superintendent, examine the
accounts of the steward, and certify their approval, or otherwise, on the same
page with his monthly balances. [75 v. 93, §5.]
SEC. 727. [Shall make record of their proceedings, etc.] The direct-
ors shall make a record of their proceedings at all meetings, in a book to be
kept for that purpose; and, at their annual meeting, they shall make a report
to the governor of the condition and wants of the asylum, which shall be
accompanied by a full and accurate report of the superintendent, which shall
show the annual cost per capita of the inmates, and the percentage of admis-
sions, discharges, and cures, and a detailed account of all the moneys received
and paid out by the steward, and, at the same time, they shall transmit a copy
of their report and the accompanying documents to the board of public works
of the city of Cincinnati, and another to the board of county commissioners
of Hamilton county. [75 v. 93, §6.]
SEC. 728. [Annual meeting: when held; quorum, etc.] The directors
shall hold their annual meeting on the first Tuesday of November, in each
year, at the asylum: special meetings for the appointment of resident officers,
or for the transaction of general business, may be held in any convenient
place, upon the written request of the president, or any two members of the
board, which written request shall be made of each other director three days
before the time appointed for such meetings, and shall also contain a statement
of the object for which the meeting is called: three members of the board shall
constitute a quorum for the transaction of business, and no order, resolution,
or appointment of the board, shall be valid, unless concurred in by at least
three members, and entered on the record. [75 v. 93, § 7.]
SEC. 729. [Directors may remove officers.] The board of directors
may remove any of the resident officers of the institution, except the superin-
tendent, and may remove the superintendent for gross neglect or refusal to
discharge the duties devolving upon him, or for incompetency or misconduct,
rendering it improper for him to remain longer at the head of the asylum, and
may direct the discharge of a patient, upon the recommendation of the super-
intendent. [75 v. 93, §8.]
SEC. 730. [May suspend officer when charges are preferred.] When
there are charges preferred against the superintendent, or any other resident
officer of the institution, the board of directors may immediately suspend the
superintendent, or officer against whom such charges are made, and proceed to
investigate the same; and the board shall have power to compel the attendance
of witnesses and the production of books and papers, and the president of the
board shall have authority to administer the necessary oaths; and the officer
so suspended shall immediately deliver up all books, papers, keys, and other
property of the asylum in his possession, to any person designated by the
board of directors; and the failure or refusal of the superintendent, or any
other officer, to comply with such an order of the board of directors, shall of
itself and alone be sufficient cause for his removal from office. [75 v. 93, § 9.]
426
S$ 731-737.
LONGVIEW ASYLUM.
Tit. V, Ch. 10.
,
SEC. 731. [Superintendent: his qualifications, duties, etc.] The super-
intendent of the asylum must be a physician of acknowledged skill and ability
in his profession: he shall be the chief executive officer of the institution
shall reside therein, and shall hold his office for the term of five years, unless
sooner removed by the board of directors, as provided in the two preceding sec-
tions; he shall have the entire control of the medical, moral, and dietetic
treatment of the patients, and shall see that the other resident officers of the
institution faithfully and diligently discharge their respective duties; he shall
employ or direct the employment of attendants, nurses, servants, and such
other persons as he deems necessary for the efficient and economical manage-
ment of the asylum, assign them their respective places and duties, and he
may at any time discharge or direct the steward to discharge any of them from
service; and he may remove or suspend any of the resident officers or employes
of the institution; he to report the fact and his reasons therefor, immediately
to the board of directors. [75 v. 93, § 13.]
SEC. 732. [Assistant physicians.] The assistant physicians shall be
medical men of such character and qualifications as to be able to perform the
medical duties of the superintendent. [75 v. 93, § 14.]
SEC. 733. [Duties of the steward.] The steward, under the direction of
the superintendent, shall keep the accounts, pay those employed in and about
the asylum, and have a personal superintendence of the farm, garden, and
grounds, and perform such duties as are assigned him by the superintendent
or board of directors; and (except sums received from the county treasury, on
the warrant of the county auditor,) he shall pay into the county treasury all
moneys received by him, from whatever source derived, which moneys shall be
credited by the treasurer of the county to the asylum fund. [75 v. 93, § 15.]
SEC. 734. [Steward's bond.] The steward shall execute a bond, with
two or more sufficient sureties, to be approved by the directors, in the sum of
five thousand dollars, conditioned that he will faithfully perform the duties of
his office, and pay over and account for all moneys that come into his hands as
such steward. [75 v. 93, § 16.]
SEC. 735. [Further duties of the steward.] The county auditor shall,
from time to time, upon the order of a majority of the directors, issue a war-
rant upon the county treasurer for the payment of a sum not exceeding two
thousand dollars, to meet current expenses: the steward shall keep an accurate
account, in detail, in a proper book, always open to the inspection of the
directors and superintendent, of all sums paid out of the money so advanced
by the treasurer, and shall settle the same with the superintendent and direct-
ors, monthly, or oftener, if required, and upon such settlement, shall account.
for all moneys received by him, a copy of which shall be filed with said auditor
before another warrant is issued. [75 v. 93, § 17.]
SEC. 736. [Qualifications for admission.] The asylum shall be open for
the admission of all insane persons over the age of seven years, having a legal
settlement in the county of Hamilton; but no person shall be entitled to
admission unless he became insane after acquiring a legal settlement therein.
[75 v. 93, § 18.]
SEC. 737. [Inmates shall be maintained at the expense of the county.]
All inmates of the asylum shall be maintained therein at the expense of Hamil
ton county; but the superintendent shall enter in a book kept for that pur-
pose, the names of all patients whose friends desire to contribute to all or any
part of their expenses; and, on the first Monday of each month, he shall make
out bills against such patients, severally, for the amount due the asylum to date,
and shall present the same to the steward, who shall collect, and place the
money so collected to the credit of the asylum into the county treasury. [75 ▼.
93, § 19.]
427
Tit. V, Ch. 10.
LONGVIEW ASYLUM.
$$ 738-742.
SEC. 738. [Proceedings to obtain admission.] For the admission of
inmates into this asylum, the following proceedings shall be had: Some resi-
dent citizen of Hamilton county must file with the probate judge thereof an
affidavit, substantially as follows:
THE STATE OF OHIO, HAMILTON COUNTY, SS.:
The undersigned, a citizen of Hamilton county, Ohio, being sworn, says that he believes
to be insane, and a fit subject for the lunatic asylum: he is a resident of Hamilton county, has a legal settle-
ment in
township. These facts are known by
and
(naming at least two per-
sons. [75 v. 93, § 20.]
This section, with the sections following, contemplates an adversary proceeding. The person charged
with insanity has a right to be present and contest such charge: In re Gunning, 14 C. Č. 507; 70. D. 448.
Also see note to same case under 713.
SEC. 739. [Warrant, etc.] When this affidavit is filed, the probate judge
shall forthwith issue his warrant to the sheriff, or some other suitable person,
commanding him to bring the person alleged to be insane before him, on a
day in such warrant named, which shall not be more than five days after the
affidavit was filed, and shall immediately issue subpoenas to such witnesses as
are named in the affidavit, and a physician to be designated by the probate
judge commanding them to appear before him, on the return day of the war-
rant; and if any person disputes the insanity of the person so charged, the
judge shall issue subpoenas for such persons as are demanded on his behalf.
[75 v. 93, § 21.]
SEC. 740. [Examination, etc.] At the time appointed, (unless for good
cause the investigation is adjourned), the judge shall proceed to examine the wit-
nesses in attendance, and if, upon the hearing of the testimony, such judge is sat-
isfied that the person so charged is insane, and is included in the class enumer-
ated in this chapter, he shall cause a certificate to be made out by the physi-
cian, setting forth the name, age, and residence of the patient, with a concise
history of the case, medical treatment pursued, supposed cause of the disease,
and such other information as is deemed useful. [75 v. 93, § 22.]
SEC. 741. [Patient shall be taken to the asylum: how.] The probate
judge, upon receiving the certificate aforesaid, shall forthwith transmit a copy
thereof, and his finding in the case, under his official seal, to some suitable
person (giving the relatives of such insane person the preference), who shall
immediately take charge of and convey such patient to the asylum, and return
therefor, to the probate judge, a receipt of the superintendent, to be filed with
the other papers in the case. [75 v. 93, §23.]
SEC. 742. [Proceedings for discharge of patient; form of warrant;
proviso.] Any inmate of the institution may, at any time, be discharged
therefrom by the superintendent, with the consent of the directors; and
when an insane person of the asylum is cured the superintendent shall
discharge him forthwith; and the superintendent may furnish him suitable.
clothing and a sum of money not exceeding ten dollars, if deemed necessary;
when pauper idiots and harmless incurable insane persons are discharged, the
superintendent shall issue his warrant to some suitable person, which warrant
shall be substantially as follows:
THE STATE OF OHIO, HAMILTON COUNTY, SS.:
The proper authority having directed the discharge of A. B., an inmate of Longview asylum, you are
hereby commanded to remove said inmate to the county infirmary.
Witness my hand and official seal this day of
A. D.
A. B., Superintendent.
Upon the receipt of such warrant the person to whom it is directed shall
forthwith execute it, and the superintendent of the county infirmary shall
receive such inmate; and should any such person so sent to the county infirm-
ary become unmanageable, the superintendent of the infirmary may return
him to Longview asylum, upon the approval of the board of infirmary direct-
ors, and the cost of maintaining any such person thus returned, received
from Longview asylum in the county infirmary, shall be paid out of the
asylum fund, and may not exceed the average cost of maintaining the inmates.
of the infirmary; provided, however, that all such discharged inmates, under
the provisions of this act, who may have been sent to Longview asylum from
428
:
$$ 743-751.
LONGVIEW ASYLUM.
Tit. V, Ch. 10.
territory within the corporate limits of the city of Cincinnati, shall be sent to,
and received by the superintendent of the city infirmary as an inmate.
thereof. [1883, April 11: 80 v. 103; Rev. Stat. 1880; 75 v. 93, § 25.]
SEC. 743. [Papers in case of inquest shall be preserved.] In each case
of inquest, held under the provisions of this chapter, the probate judge shall
file and carefully preserve all papers relating thereto, and shall make such
entries as will, together with the papers filed, preserve a complete record
thereof. [75 v. 93, § 26.]
SEC. 744. [Inmate escaping shall be returned.] If an inmate escape
from the asylum, the superintendent shall forthwith cause him to be arrested
and returned; and if an inmate die, the superintendent shall notify the rela-
tives, if known to him. [75 v. 93, § 27.]
SEC. 745. [Action for debts due the asylum.] For all debts due the
asylum, an action may be maintained in the name of the county of Hamilton;
and all moneys due the asylum shall, upon the warrant of the county auditor,
be paid into the county treasury, for the use of the institution. [75 v. 93, § 28.]
SEC. 746. [Prosecuting attorney shall attend to suits.] The prosecu-
ting attorney of Hamilton county shall attend to all suits instituted on behalf
of the asylum, and shall be entitled to five per cent. on all sums collected by
him, as compensation therefor. [75 v. 93, §29.]
SEC. 747. [Official seal of the asylum.] The superintendent of the asy-
lum shall provide an official seal therefor, upon which shall be the words
"Longview asylum, state of Ohio," and the impression of such seal to a certifi-
cate, order, or account, to which the name of the superintendent is attached,
shall be prima facie evidence that such name is the handwriting and proper
signature of the superintendent. [75 v. 93, § 30.]
SEC. 748. [Costs and expenses: how paid.] The taxable costs and
expenses to be paid under the provisions of this chapter shall be as follows:
To the probate judge, for filing affidavit and holding inquest, the sum of two
dollars; to the person making affidavit as required for an inquest, two dollars,
and witness fees as are allowed in other cases; to witnesses, constables, and
sheriffs, the same fees as are allowed for like services in other cases. [75 v. 93,
$31.]
SEC. 749. [Penalties.] If the probate judge, or any other person charged
with duties under this chapter, neglects or refuses to discharge any such
duties, he shall forfeit a sum not exceeding fifty dollars, to be recovered for the
use and benefit of the asylum, in a civil action, conducted in the name of the
county of Hamilton, as in case of a debt due the asylum, or may be removed
from his office in the same manner as for any other neglect of duty. [75 v. 93,
$32.]
SEC. 750. [Asylum: how to be supported.] The asylum shall be sup-
ported, and the salaries of its officers paid, from a fund consisting of all such
moneys as now are, or hereafter may, come into the treasury of the county,
from whatever source, applicable to the support of insane persons in the
county, and of such appropriations as are, from time to time, made by the
state for the support of this asylum, which appropriations shall bear the same
proportion to the appropriations for the other lunatic asylums of the state, as
the population of Hamilton county bears to the population of the state, exclu-
sive of said county, as ascertained by the federal census immediately preceding
the making of such appropriations. [75 v. 93, § 33.]
SEC. 751. [County commissioners may levy tax.] To aid in the sup-
port of this institution, the commissioners of Hamilton county are authorized
to levy a tax, not exceeding three-tenths of one mill on the dollar, upon the
taxable property of said county. [75 v. 93, § 34.]
429
Tit. V, Ch. 10a. OHIO HOSPITAL FOR EPILEPTICS.
§ (751—1).
SECTION
CHAPTER 10a.
OHIO HOSPITAL FOR EPILEPTICS.
751-1. Ohio hospital for epileptics; trustees.
751-2. Administrative and medical force.
751-3. Who admissible as inmates and apportion-
ment.
751-4. Pay patients and money received.
751-5. Enumeration of epileptics; blanks.
751-6. Monthly statement to probate judge: form;
application; maintenance of patients.
SECTION
751-6a. Separate quota for soldiers' home.
751-7. Insane or dangerous epileptics.
751-8. Epileptics not insane or dangerous; appli-
cation and hearing; clothing patient;
traveling and incidental expenses; fees;
transfer from other state hospitals.
751-9. Care, control and discharge of patients.
Quadrennial enumeration of epileptics and others by assessor and transmission of
abstract thereof to manager of hospital, see ?? 1526, 1526a.
Commission to erect institution for epileptics, 87 v. 180.
Epileptic persons excluded from county infirmary after June 1, 1900, see ? (971—1).
The former act, 89 v. 267, is repealed by this chapter.
(751-1) [Ohio hospital for epileptics; trustees.] The asylum for
epileptics and epileptic insane, now in process of erection at Gallipolis, shall be
known and designated as the Ohio hospital for epileptics. The erection of
said hospital, and its control and management, shall be in the hands of a board
of five trustees, appointed by the governor, with the advice and consent of the
senate, according to the laws governing the appointment of trustees of other
benevolent institutions of this state. [91 v. 94.]
(751-2) [Administrative and medical force.] The board of trustees
shall provide such administrative force and medical skill as in their opinion
the best interests of the institution may require, and shall conduct the hospital
in accordance with the laws in force regulating other benevolent institutions
of the state, so far as the same may be applicable. [91 v. 94.]
(751-3) [Who admissible as inmates, and apportionment.] All in-
sane persons who are also epileptic, and whose disease has developed during
their residence in this state, together with all epileptic persons who have been.
residents of the state of Ohio for one year next preceding application for adniis-
sion, shall be considered admissible as inmates of this institution; the number
of inmates to be apportioned among the several counties of the state according
to their population. [91 v. 94.]
(751-4) [Pay-patients, and money received.] Nothing herein con--
tained shall be construed to prohibit the admission as inmates of persons not
residents of Ohio, or pay-patients from Ohio, if there be accommodation for
them, upon the payment of such sums and upon such terms as the trustees
may determine; and the money so received shall be paid over to the steward,
receipted for by him, and by him certified into the state treasury to the credit
of the general revenue fund; and the steward shall make a correct record of all
such moneys received by him in a book which shall be open for public inspec-
tion. [91 v. 94.]
(751-5) [Enumeration of epileptics; blanks.] In the year 1894, and
every fourth year thereafter, the trustees shall cause an enumeration to be made
of all persons afflicted with epilepsy who are residents of Ohio. Such enumer-
ation shall include a listing of the age, sex, race, general mental and physical
condition, residence, whether under the charge of a guardian or parents, and,
where known, the cause and duration of the epileptic condition, and such other
facts as the trustees may require. The board of state charities, superintendents
of state institutions, probate judges, county auditors and superintendents of
430
§ (751-6).
OHIO HOSPITAL FOR EPILEPTICS.
Tit. V, Ch. 10a
infirmaries are required to furnish such information with respect to epileptic
Iersons as the trustees may require to complete such enumeration. Blanks for
transmitting such information shall be furnished to the officers named by the
trustees, or the manager of the hospital. [91 v. 94.]
(751-6) [Monthly_statement to probate judge; form of application;
maintenance of patients.] The manager of the hospital shall, on the fifteenth
day of each month, inform the probate judge of each county in the state of the
quota of patients to which such county is entitled, and the number in the
hospital from said county, said quota to be apportioned among the several
classes of epileptics, in such manner as may be deemed by the trustees for the
best interests of the state. The form of application shall provide for a state-
ment of the information required in the enumeration above referred to,
together with such other facts as tl. trustees may see fit to require, and also a
certificate of a reputable physician that the applicant is admissible under the
requirements of the board of trustees and is free from any infectious or con-
tagious disease, and from vermin. All persons described in section 3 [§ (751-3)]
of this act, who have been or may hereafter be admitted into the hospital,
shall be maintained therein at the expense of the state, except as provided in
section 631 of the Revised Statutes. [91 v. 94.]
J
(751-6a) SEC. 1. [Separate quota for soldiers' home.] In making
the quota for the patients to be received in the Ohio hospital for epileptics, a
separate and distinct quota is to be made for the Ohio soldiers' and sailors'
home, and the patients already received from said soldiers' and sailors' home,
as well as those hereafter to be received, are to be charged to said soldiers' home
quota, and not to the quota of Erie county where said "home" is located. [93
v. 419.]
(751-7) [Insane or dangerous epileptics.] In the case of epilep-
tic insane or epileptics whose being at large is dangerous to the community,
like proceedings shall be had, and like powers by officers charged with duties
in the premises exercised, with respect to the commitment and conveyance of
such epileptic insane or dangerous epileptics to the hospital, and the care and
custody of such patients while there, and their discharge therefrom, as is pro-
vided in chapter 9, title 5, part I, of the Revised Statutes, regulating the care
of the insane. [91 v. 94.]
(751-8) [Epileptics not insane or dangerous; application and hear-
ing; clothing patient; traveling and incidental expenses; fees; transfer
from their state hospitals.] In the case of epileptic persons, other than in-
sane or dangerous epileptics, written application for admission shall first be
made by such person, or his or her parent, guardian or representative, to the
probate court of the county of which the epileptic is a resident. In case such
epileptic has no parent, guardian or .epresentative, any citizen may make ap-
plication on his behalf to the probate judge for admission to the hospital.
When such application is filed, the probate judge shall, on the day fixed by
him, which shall be not more than five days after the application has been
filed, examine and inquire whether the alleged epileptic is a suitable person
for admission into said hospital, and for such purpose may subpoena witnesses,
and shall subpoena a reputable physician and may, if necessary, issue his war-
rant commanding the alleged epileptic to be brought before him; provided,
that if it is deemed unsuitable to bring the alleged epileptic into the probate
court, the probate judge shall personally visit said person and certify that he
has so ascertained the condition of the person by actual inspection, and the
other proceedings may then be had in the bsence of such person. At the
time appointed, unless for good cause the investigation is postponed, the judge
shall proceed with the examination, and if he is satisfied that the person alleged
is an epileptic and a suitable person for treatment at the hospital, he shall
cause a certificate to be made out by the medical witness in attendance, set-
431
Tit. V, Ch. 10a. OHIO HOSPITAL FOR EPILEPTICS.
§ (751-9).
ting forth the facts enumerated in section 5 [§ (751-5)] hereof, and any other
facts required in such statement by the board of trustees, and is free from any in-
fectious or contagious disease and from vermin. The probate judge shall trans-
mit the application, with the accompanying papers, including the certificate of
the physician, to the manager of the hospital for epileptics, who shall advise the
probate judge whether the patient can be received, and if so, at what time. If
advised that the patient can be received, the probate judge shall see that the
patient is supplied with the proper clothing, and if not otherwise furnished, he
shall furnish such clothing, as provided in section seven hundred and six
of the Revised Statutes, and shall take the necessary steps for the conveyance
of the patient to the hospital, as provided in section seven hundred and five
of the Revised Statutes; provided, that if the probate judge is satisfied that
the patient can travel to the hospital alone, he may issue the warrant.
for conveyance direct to the patient, and such warrant, receipted, shall be
returned by the manager through the mail; or, if the probate judge deems it
proper to entrust the conveyance of the patient to his parent, guardian,
representative or friend, he may issue the warrant to such parent, guardian,
representative or friend, instead of to the sheriff. The expenses of the
clothing of patients, if not paid by themselves or those having them in charge,
shall be paid by the counties, and, if furnished by the institution, may be col-
lected from the counties, as provided in section six hundred and thirty-two of
the Revised Statutes. The traveling and incidental expenses of the patient
and also of the officer or other person or persons in charge of said patient, to
and from said institution shall be paid by the institution. The fees of the
probate judge, physician and other officers, witnesses and persons, growing out
of the admission of a patient to the hospital, shall be paid to the same amount,
and in the same manner as are similar fees when earned in connection with
the commitment of an insane person to a state asylum. Provided that, if at
any time it is desirable to transfer any patient from any state hospital to the
Ohio hospital for epileptics, such patient may be transferred upon the order
of the governor, upon the recommendation of the medical superintendent
of such state hospital and the manager of the Ohio hospital for epileptics.
[91 v. 94.]
(751-9) [Care, control and discharge of patients.] The board of
trustees are empowered to make such rules and regulations respecting the care,
custody, discipline and discharge of patients, as they may deem best for the
interests of the patients and the state. All persons admitted to the hospital
as patients shall, until properly discharged from the hospital, be under the
custody and control of the manager of such institution; and the manager
may, subject to such regulations as the trustees see fit to adopt, restrain and
discipline any patient in such manner as he may judge is demanded for the
welfare of the patient and the proper conduct of the institution. [91 v. 94.]
432
§§ 752-756.
BOYS' INDUSTRIAL SCHOOL.
Tit. V, Ch. 11.
SECTION
CHAPTER 11.
BOYS' INDUSTRIAL SCHOOL.
752. Boys' industrial school; committal.
753. Admission of youths to schools.
754. Admission of convicts to schools.
755. Also youth charged before a grand jury, on its
recommendation.
756. Conveyance to school of sentenced youth and deliv-
ery to superintendent.
757. Inmates may be apprenticed.
758. Arrest and return of fugitives.
759. Transportation expenses; costs of commitment.
SECTION
760. Education of inmates.
761.
762.
Power of governor as to juvenile offenders.
Subordinates and employes to participate with
the inmates in labor and exercises.
763. Board may purchase material and sell products.
764. School made special road district.
764a. Fairfield county reform school: name changed to
boys' industrial school.
7646. Statutes relating to reform school to apply to “Boys'
Industrial School.'
For 22752-764, see (S. & C. 1380-1383).
Granting right of way to traction company through lands of, 93 v.
240.
SEC. 752. [Boys' industrial school; committal.] The boys' industrial
school, situate in Fairfield county, has for its object, the reformation of those
committed to its charge; and all youth committed thereto shall be committed
until they arrive at full age, unless sooner reformed. [93 v. 311; 83 v. 6; 82 v.
64; Rev. Stat. 1880; 75 v. 60, § 7.]
SEC. 753. [Admission of youths to school.] Male youth, not over six-
teen nor under ten years of age, may be committed to the boys' industrial
school by any judge of a police court, judge of the common pleas court, or pro-
bate court, on conviction of any offense against the laws of the state. [1886,
February 23: 83 v. 6, 7; 78 v. 167; Rev. Stat. 1880; 75 v. 60, § 8; 62 v. 30, § 1;
(S. & S. 388).]
Notice to be first given to board of county visitors, ?(633-18).
When juvenile disorderly boy may be sent to this or other institution, ? (4022-8).
Section 8 of the act of April 16, 1857, to authorize the establishment of houses of refuge, and the statutes
subsequently enacted, enlarging the operation of that act so as to authorize commitments to be made to the
"State Reform Farm " from any county of the state, are not repugnant to either 22 5 or 10, Art. I, of the Con-
stitution of the state: Prescott v. State, 19 O. S. 184.
SEC. 754. [Admission of convicts to school.] Any such youth con-
victed of any crime or offense, the punishment of which is, in whole or in
part, confinement in the jail or penitentiary, may, at the discretion of the court
giving sentence, in lieu of being sent to the jail or penitentiary, be committed
to the boys' industrial school. [1886, February 23: 83 v. 6, 7; Rev. Stat. 1880;
75 v. 60, § 9.]
SEC. 755. [May be committed on recommendation of grand jury.]
Any such youth against whom a crime is charged before a grand jury, if the
charge is supported by sufficient evidence to put him on trial, may, on the
recommendation of the grand jury, and without presenting an indictment, be
committed by the court to the reform school. [75 v. 60, § 10.]
SEC. 756. [Conveyance to school of sentenced youth and delivery to
superintendent.] Any such youth upon being sentenced to the boys' indus-
trial school, shall, within five days after such sentence, unless the court giving
such sentence shall otherwise order, be conveyed to said industrial school by
the sheriff of the county in which the conviction was had, or by some other
suitable person designated by the court giving the sentence, and delivered into
the custody of the superintendent of the boys' industrial school, together with
433
Tit. V, Ch. 11.
BOYS' INDUSTRIAL SCHOOL.
$$ 757-762.
a statement of the offense for which such youth was convicted, also his age,
and a copy of the sentence of the court. [1886, May 18: 83 v. 201; 83 v. 6;
Rev. Stat. 1880; 75 v. 60, § 11.]
SEC. 757. [Board may apprentice inmates.] The trustees, through the
superintendent, have the same power to apprentice inmates as the directors of
houses of refuge have, and in case of such apprenticeship, the indentures shall
be filed at the institution, and no other record thereof is necessary; and they
may, when they deem it for the benefit of such youth so apprenticed, cancel
the indentures and reclaim him. [75 v. 60, § 12.]
SEC. 758. [Arrest and return of fugitives.] Any fugitive from the
boys' industrial school may, on the order of the superintendent, or other officer
of the institution, be arrested and returned to the school, or to any officer or
agent thereof, by any sheriff, constable, or police officer, or other person, and
may also be arrested and returned by any officer or agent of the school. [1886,
February 23: 83 v. 6, 7; Rev. Stat. 1880; 75 v. 60, § 13.]
The
SEC. 759. [Transportation expenses; costs of commitment.]
expenses incurred in the transportation of a youth to the boys' industrial
school, shall be paid by the county from which he is committed, to the officer
or person delivering him, upon the presentation of his sworn statement of
account of such expenses; and the costs in any case, shall be paid in like man-
ner upon the certificate of the proper officer of the court in which he was con-
victed; if, however, such youth has been convicted of a crime, the punish-
ment of which is confinement in the penitentiary, the costs in the case, and
the expenses of his transportation shall, on like statement and certificate, be
paid out of the State treasury. [1886, May 18: 83 v. 201; 83 v. 6; Rev. Stat.
1880; 75 v. 60, § 14.]
SEC. 760. [Education of inmates.] The inmates of the boys' indus-
trial school shall receive such education, and shall be instructed in such
branches of industry, agricultural or mechanical, or otherwise as the board,
from time to time, determines, the reformation of such inmates and prepara-
tion for usefulness being kept in view in the administration of the institution;
and for this purpose the board may introduce and carry on any branches of
industry that are thought to be conducive to these ends. [1886, February 23:
83 v. 6, 7; Rev. Stat. 1880; 75 v. 60, § 15.]
SEC. 761. [Power of governor as to juvenile offenders.] The governor
may, upon the written application of the superintendent of the boys' indus-
trial school, or when it otherwise is made to appear to him that it is expedient,
cause any juvenile offender, confined in the penitentiary, or in any house of
refuge, or sentenced to the penitentiary, to be transferred to the boys' industrial
school, the expense of such removal to be paid by the State; and any per-
son so removed from the penitentiary, or sentenced to the penitentiary, shall,
while at the boys' industrial school, be governed by the same rules and regu-
lations relative to deportment and discharge, as other persons committed to such
institutions; and the governor may, for satisfactory_reasons, remand or transfer
to the penitentiary offenders sentenced thereto and so transferred to the boys'
industrial school, to serve out that part of their respective sentences to the pen
itentiary remaining unexecuted at the time of their transfer to the boys' indus
trial school. [90 v. 224; 88 v. 417; 83 v. 6, 7; 78 v. 220; 77 v. 312; Rev. Stat.
1880; 75 v. 60, § 16.]
The laws providing for the transfer of prisoners from the penitentiary to the two industrial schools,
have reference to minors sentenced before as well as after their passage: State ex rel. v. Peters, 43 O. S. 6-19.
SEC. 762. [Officers shall work.] The subordinate officers and employes
of the institution shall participate in the manual labor and other exercises of
the inmates. [75 v. 60, $ 17.]
29
434
§§ 763-766.
GIRLS' INDUSTRIAL HOME.
Tit. V, Ch. 12.
SEC. 763. [Powers of the board in the purchase of materials, etc.]
The board has power to purchase all needed materials for manufacture, and to
sell the products thereof and of the farm; and such proceeds may be used for
the purposes of the institution; but detailed reports of all receipts from these
or other sources, except appropriations, shall be reported quarterly to the
auditor of state. [75 v. 60, § 18.]
SEC. 764. [School made special road district.] The boys' industrial
school, with the lands thereto attached, is declared to be a special road district,
and the superintendent is vested with all the powers of a supervisor of roads.
for such district; he is authorized to alter the public roads on such lands in
such manner as is found to be necessary for the general plan and outline of the
same; but no alteration shall be made by which existing roads shall be greatly
lengthened, or their grade materially increased, or their general use to the pub-
lic materially impaired; all such alterations must be approved by the commis-
sioners of the county of Fairfield before they can be made. [1886, February
23: 83 v. 6, 8; Rev. Stat. 1880; 75 v. 60, § 19.]
SEC. 764a. [Fairfield county reform school: name changed to "Boys'
Industrial School."] The reform school, situate in the county of Fairfield,
shall hereafter be known and designated as the "Boys' Industrial School."
[1885, April 22: 82 v. 141.]
SEC. 764b. [Statutes relating to reform school to apply to "Boys'
Industrial School."] All sections of the Revised Statutes now in force relating
to the said reform school or to the commitment of any person to the same,
shall be held to apply to the institution under the new name and designation,
as provided in the preceding section. [1885, April 22: 82 v. 141.]
CHAPTER 12.
GIRLS' INDUSTRIAL EOME.
SECTION
SECTION
765. Object of the home.
773.
767. Organization of the committee: its duties, etc.:
its report.
766. A visiting committee of women shall be ap-
pointed by the governor.
Detention and discharge of inmate; return of
discharged or escaped.
774.
Proceedings when a girl is charged with a crim-
inal offense.
775.
768. The board shall direct the general management
of the farm; the superintendent shall keep
the accounts of the institution; net profits
distributed among girls.
769. Girls charged with commission of offenses, etc.,
entitled to a hearing before commitment: issuing
of process by probate court.
776.
Girls may be apprenticed by the trustees.
As to transfer of indenture.
777.
In case of ill treatment, an apprenticed girl
shall be discharged from service and returned
to the home.
778.
The trustees shall be guardians of apprenticed
girls.
779.
770. Proceedings in the case: commitment to the
home.
The superintendent, etc., shall have general
charge of the girls, etc.
780.
771. Fees; the girl may demand a trial by jury.
772. The governor may remove a female convict to
the home.
Bond of the superintendent: responsibility,
and duties.
781.
Debts shall not be contracted in excess of ap-
propriations.
Trespassing on grounds or signalling inmates; penalty, 26827a.
SEC. 765. [Object of the home.] The girls' industrial home shall be for
the instruction, employment, and reformation of evil-disposed, incorrigible,
and vicious girls. [75 v. 144, § 1.]
SEC. 766. [Committee of visitors shall be appointed by the governor.]
The governor shall appoint a committee of visitors for the girls' industrial
home, which shall consist of three women (one of whom must be a resident
of the county in which the home is located), whose term of service shall be
for three years, and until their successors are appointed: the members of this
435
Tit. V, Ch. 12.
GIRLS' INDUSTRIAL HOME.
§§ 767-770.
committee shall receive no compensation for their services, but shall be paid
their necessary expenses, by the state treasurer, on the warrant of the auditor
of state: any vacancy in the committee, by resignation or otherwise, shall be
filled by appointment of the governor. [75 v. 144, § 4.]
SEC. 767. [Organization of the committee: its duties, etc.; report of
the committee.] Before entering upon the discharge of their duties, the mem-.
bers of the committee shall organize, by electing a president and secretary,
who shall be of their number: they shall visit the home as often as once in
every three months, shall then make a thorough examination as to the general
welfare and condition of the girls and the workings of the institution; and, at
their earliest convenience, they shall make a written report of the results of
their visits, with such recommendations as they deem advisable: their report
shall be sealed up and addressed to the president of the board of trustees: the
trustees shall cause the report to be spread in full upon their minutes, at their
next regular meeting. [75 v. 144, §5.]
SEC. 768. [The board shall direct the general management of the
farm; the superintendent shall keep accounts of the institution; net profits
distributed among girls.] The board shall direct the general management of
the farm, as regards its productions, mechanical, agricultural and horticultural,
and for this purpose may employ suitable persons to superintend the different
producing interests prosecuted on the farm; and the superintendent shall cause
the accounts of the institution to be so kept that the profits over the expenses
of maintaining the school, can be ascertained, and when thus ascertained, the
trustees shall fund such annual profits for distribution among the girls, in
shares, to be paid them pro rata, when honorably discharged from the institu-
tion; they shall also see that such productions as are not needed by the institu-
tion are sold to the best advantage; the value of all productions, whether used
or sold, shall be duly accounted for in the annual report. [87 v. 198; 75 v.
144, § 8.]
SEC. 769. [Girls charged with commission of offenses, etc., entitled to
a hearing before commitment; issuing of process by probate court.]
Whenever a resident citizen shall file with the probate judge of his county, his
affidavit, charging that a girl above the age of nine years and under the age of
fifteen years, who resides in such county, has committed an offense, punishable
by fine or imprisonment, other than imprisonment for life, or that she is lead-
ing a vicious or criminal life, it shall be the duty of such judge to fix a time not
more than five days from the time such affidavit is filed for hearing the com-
plaint set forth in such affidavit, and he shall forthwith issue a warrant to the
sheriff of such county, or some other suitable person, commanding him to bring
such girl before such judge at his office, at the time fixed for such hearing, and
shall also at the same time issue an order in writing, addressed to the father of
such girl, if living and resident of such county, and if not living and so resi-
dent, then to her mother if living and so resident, and if there is no father or
mother so resident, then to her guardian if so resident, and if not, then to the
person with whom the girl resides, requiring such father, mother, guardian or
other person to appear before such probate judge at such hearing, and said
judge is authorized to continue such proceeding from day to day, and issue all
necessary subpoenas for witnesses. [1887, March 12: 84 v. 77; Rev. Stat. 1880;
75 v 144, §9.]
Notice to be first given to board of county visitors, ?(633—18).
When juvenile disorderly girl may be sent to this or other institution, see ? (4022—8).
SEC. 770. [Proceedings in the case; commitment to the home.] At
the time named in the aforesaid order the probate judge shall hear such testi-
mony as is presented before him in relation to the case, and if it appears to his
satisfaction that the girl before him is a suitable subject for the industrial home,
436
S$ 771-774.
GIRLS' INDUSTRIAL HOME.
Tit. V, Ch. 12.
he shall commit her to that institution, and issue his warrant to the sheriff of
the proper county, or to some suitable person to be appointed by him, com-
manding him to take charge of the girl, and deliver her without delay to the
superintendent of the home. [75 v. 144, §9.]
SEC. 771. [Fees; the girl may demand a trial by jury.] The fees of the
probate judge, sheriff, and other costs incurred in the proceedings herein pro-
vided for, shall be the same as are paid in similar cases, and shall be paid by
the proper county in the same manner; but nothing in this chapter shall be
construed to prevent a girl arrested for crime from demanding a trial by jury,
and when such demand is made, by or on behalf of such girl, the probate judge
is authorized, after an examination of the case, to either discharge her or cause
her to enter into a recognizance for her appearance before the court of common
pleas of the county, forthwith, if said court is in session, and if not in session,
then on the first day of the next term thereof, to answer to such charge, and in
default of such bail, to commit her to the jail of the county until the first day
of said next term of common pleas court, or until discharged by due course of
law, and he shall forward to the clerk of the common pleas court a transcript
of his proceedings in the case; and shall also cause such witnesses as appear
against her before him, to be recognized to appear at the said term of common
pleas court to give evidence against her. [75 v. 144, § 9.]
SEC. 772. [The governor may remove a female convict to the home.]
A girl under the age of sixteen years, sentenced to imprisonment in the peni-
tentiary, may, before the expiration of the time for which she is sentenced, be
removed, on the warrant of the governor, at the expense of the state, to the
industrial home, when it is made to appear to him that such removal will con-
duce to her reformation and not be prejudicial to society. [67 v. 24, § 1.]
See note to State ex rel. v. Peters, 43 O. S. 649.
SEC. 773. [Detention and discharge; return after discharge or escape.]
A girl duly committed to the home shall be kept therc disciplined, instructed,
employed and governed under the direction of the trustees, until she is
either reformed or discharged, or bound out by them according to their
by-laws, or has attained the age of eighteen years; but the trustees, with the
approval of the governor, after a full statement of the cause, shall have the
right to discharge and return to the parents, guardian or probate judge of the
county from which she was committed, who may place her under the care of
the infirmary directors of said county, any girl who, in their judgment, ought
for any cause to be removed from the home, and in such case the trustees shall
enter upon their record the reason for her discharge, a copy of which record,
signed by the secretary, shall be forthwith transmitted to the probate judge
of the county from which the girl was committed; but the superintendent
may, with the approval of the full board of trustees, receive back into the
home any girl under twenty-one years of age, who may have been discharged
from said home, when the best interests of said girl demand it. Any inmate
of the girls' industrial home who escapes from said institution may if cap-
tured before the expiration of the time for which she was committed, be returned
to the home by the trustees of the institution and there kept for a period not
to exceed one year in addition to the time for which she was committed, at
the option of said trustees. Provided, however, the time shall not exceed in
the aggregate the time for which she was committed. [91 v. 102; 86 v. 180;
79 v. 84; Rev. Stat. 1880; 75 v. 144, § 10.]
SEC. 774. [Proceedings when a girl charged with a criminal offense.]
When a girl between nine and fifteen years of age is brought before a court of
criminal jurisdiction, charged with an offense, punishable by fine or imprison-
ment, other than imprisonment for life, and who, if found guilty, would be a
proper subject for commitment to the home (an order to that effect being
437
Tit. V, Ch. 21.
GIRLS' INDUSTRIAL HOME
S$ 775-780.
entered on the records of the proceedings of said court), it shall, thereupon, by
warrant or order, cause such girl to be forthwith taken before the probate judge
of the proper county, and shall transmit to him the complaint and indictment,
or warrant, by virtue of which she had been arrested, when the probate judge
shall proceed in the same manner as if she had been brought before him upon
original complaint, as is provided in this chapter. [75 v. 144, § 11.]
SEC. 775. [Girls may be apprenticed by the trustees.] The trustees
may bind out, as an apprentice or servant, any girl committed to their charge,
for a term not longer than until she arrives at the age of eighteen years, and
the person to whom the girl is bound, shall, by the terms of the indenture, be
required to report to the trustees as often as once in six months, her conduct
and behavior, and whether she is living under his care, and if not, where she
is. [75 v. 144, § 12.]
SEC. 776. [As to transfer of indenture.] A person receiving an appren-
tice under the provisions of the last section, shall not assign or transfer the
indenture of apprenticeship, nor let out her services for any period without the
consent in writing of the trustees: if the person, for any cause, desires to be
relieved from the contract, the trustees, upon application, may cancel the inden-
ture and resume the charge and management of the girl, and have the same
power and authority over her as before the indenture was made. [75 v.
144, § 13.]
SEC. 777. [In case of ill treatment, etc.] If the person is guilty of
cruelty or ill treatment toward the girl so bound to service, or any violation of
the terms of the indenture, she or the trustees may make complaint to the pro-
bate judge of the proper county, who shall summon the parties before him, and
examine into the complaint, and if it appears to be well founded, he shall, by
certificate, discharge her from all obligations of future service, and restore her
to the home, to be managed as before her indenture. [75 v. 144, § 14.]
SEC. 778. [Trustees shall be guardians of apprenticed girls.] The
trustees shall be the guardians of every girl so bound or held to service, and
shall take care that the terms of the contract are faithfully fulfilled, and that
she is properly treated, and shall cause any grievance to be redressed. [75 v.
144, § 15.]
SEC. 779. [Superintendent, etc., shall have general charge of the
girls, etc.] The superintendent, with such subordinate officers as the trustees
appoint, shall have the general charge and custody of the girls: he shall be a
constant resident at the home, and, under the direction of the trustees, shall
discipline, govern, instruct, and employ, and use his best endeavors to reform
the girls, in such manner as shall, while preserving their health, and promot-
ing the proper development of their physical system, secure the formation, as
far as possible, of moral and industrious habits, and regular thorough progress
and improvement in their studies, trades, and employments. [75 v. 144, §16.]
SEC. 780. [Bond of the superintendent: responsibility, and duties.]
The superintendent shall, before he enters upon the duties of his office, give
bond to the state, with sureties satisfactory to the trustees, in the sum of ten
thousand dollars, conditioned that he will faithfully perform all his duties, and
account for all moneys received by him as superintendent, which bond, when
approved, shall be filed with the treasurer of state: he shall have charge of all
property pertaining to the home, within the precincts thereof, and shall keep,
in suitable books, complete accounts of all his receipts and expenditures, and
of all property intrusted to him showing the income and expenses of the insti-
tution, and shall account to the treasurer in such manner as the trustees require,
for all moneys received by him: his books, accounts, and documents, relating
to the home, shall at all times be open to the inspection of the trustees: he
438
781.
HOMES OF THE FRIENDLESS.
Tit. V, Ch. 12a.
shall keep a register, containing the name and age of each girl, and, as far as
possible, the circumstances connected with her history prior to the time of her
admission to the home, and he shall add thereto such facts as come to his knowl-
edge relating to her history while at the institution, and after leaving it. [75 v.
144, § 17.]
SEC. 781. [Shall not exceed appropriations.] No trustee, superintend-
ent, officer, or employe connected with the institution, shall contract any
debts for the institution in excess of the appropriations, and for any debt thus
contracted, the trustee, officer, or employe so contracting shall be liable in his
individual capacity. [75 v. 144, § 21.]
SECTION
781-1. Homes may be established in certain coun-
ties.
781-2.
781-3.
Trustees thereof their organization.
Expenditure for land and buildings.
781-4.
Duties of trustees; superintendent.
CHAPTER 12a.
HOMES OF THE FRIENDLESS.
| SECTION
781-19. Salaries of superintendent and matron.
781-20. No debts to be contracted.
781-21. Meaning of certain words.
781-22. Who may be committed to the home by
court.
781-5.
Payment of salaries, and semi-annual re-
port.
781-23.
781-24.
781-6.
Legacies, donations, etc.
Who admitted on their own application.
Trustees may be appointed guardians of
minors.
781-7.
Duties of board and superintendent.
781-25.
781-8.
781-9.
Procedure for committing girls to the home.
Discipline and government.
Private institutions may be transferred to
county.
781-26.
781-10.
Procedure in criminal court.
City council may establish a home in cer-
tain cases.
781-11. Girls may be bound out as apprentices.
781-27.
781-12.
Indentures not transferable.
Taxes for establishing and supporting
homes.
781-13. Apprentices entitled to discharge, if badly
781-28.
treated.
Not to prevent commitment to Industrial
Home.
781-29.
Girls convicted of felony may be sent to the
home.
781-30.
Contracts: how made.
Certain moneys to be paid to the home of
friendless girls.
781-14. Trustees to be guardians of apprentices.
781-15. Further duties of superintendent.
781-16. Other duties of superintendent.
781-17.
781-18. Monthly visitations.
(781-1) [Homes may be established in certain counties; the trus-
tees.] The commissioners of any county having, by the federal census of A. D.
1870, a population exceeding forty-one thousand, and not exceeding forty-six
thousand, shall have power to establish within such county a home and school for
the instruction, employment, and reformation of exposed, helpless, evil-disposed
or vicious women and giris, to be called County Home for the Friendless-
the word county to be preceded by the name of such county. The government of
such home shall be vested in a board of trustees, consisting of seven (not less
than three of whom shall be females), to be appointed by the judge of the court
of common pleas, and approved by the commissioners of the proper county.
The term of office of said trustees shall be for three years, and until their suc-
cessors shall be appointed and qualified: provided, that of the trustees first
appointed two shall be appointed for one year, two for two years, and three for
three years. Any vacancy occurring by resignation or otherwise shall be filled
by the judge of the court of common pleas, and approved by said county com-
missioners, and each person so appointed shall serve for the unexpired term to
which he shall be appointed. Said trustees shall receive no compensation for
their services, but shall be paid their necessary expenses, after approval of such
439
Tit. V, Ch. 12a.
HOMES OF THE FRIENDLESS.
§ (781-2).
accounts by the county commissioners, by the county treasurer, on the order of
the county auditor. [70 v. 277.]
(781-2) [Oath of the trustees, and their organization.] Before
entering upon their duties, said trustees shall take an oath faithfully and
honestly to discharge their duties as such. They shall organize by electing a
president and secretary, who shall be of their number, and a treasurer, who may
or may not be of their number. The treasurer, before entering upon the dis-
charge of his duties, shall give bond or undertaking, with surety, to the accept-
ance and approval of the commissioners of the proper county, in the sum of
ten thousand dollars, conditioned for discharge of the duties of his office, and
that he will properly account for all moneys that shall come to his hands by
virtue of his office. [70 v. 277.]
(781-3) [Expenditure for necessary land and buildings.] The county
commissioners shall have power to expend any sum or sums, not exceeding
in the aggregate ten thousand dollars, in the purchase of land for the use of
such home; and a further sum or sums, not exceeding in the aggregate fifteen
thousand dollars, in addition to the sum expended for land, may be expended
in erection and furnishing necessary buildings. [70 v. 277.]
(781-4) [Duties of the trustees; appointment of superintendent
and others.] When the buildings are ready for occupancy the trustees
shall give notice of the fact, and shall take charge of the general interests of the
institution, shall see that its affairs are conducted in accordance with the
requirements of the legislature, and of such by-laws as the board may from
time to time adopt (subject to the approval of the county commissioners), for
the orderly and economical management of the concern. They shall see that
strict discipline is maintained within, shall provide employment for the
inmates, bind them out, discharge or remove them, as is hereinafter provided.
They shall appoint a superintendent, who shall hold the office for three years,
unless sooner removed by them for cause, and such other officers to be nomi-
nated by the superintendent, as in their judgment the wants of the institution
may require, and prescribe their duties, remove them at pleasure, appoint
others in their stead, determine their salaries respectively, and exercise gen-
eral supervision over the institution. A majority of said board shall consti-
tute a quorum. [70 v. 277.]
(781-5) [Payment of salaries; semi-annual report; prohibition.]
All salaries shall be paid quarterly on the certificate of the president and secre-
tary of said board, by an order drawn by the auditor of said county on the county
treasury, and all money for building purposes, or current expenses, shall be
drawn in like manner; but not more than two thousand dollars shall be drawn
at one time from the county treasury, nor shall the total balance standing
against the treasurer of the board at any time exceed five thousand dollars.
Said board shall report semi-annually, on or before the first days of June and
December, to the county commissioners, and also at such other time or times
as the commissioners shall at any time require; such report shall contain
full and detailed accounts of all payments made and moneys received, and
the true condition of the institution. No trustee, superintendent, officer, or
employe of said institution, or county commissioner, shall be interested in any
sale, trade, or business carried on in said institution, and for any violation of
this provision, such officer or employe shall be subject to a fine of not less
than one hundred dollars, nor more than one thousand dollars. [70 v. 277.]
(781-6) [Legacies, donations, etc.] The said board of trustees shall
receive, hold, or invest all legacies, devic[s]es, bequests, or donations, made to or
440
§ (781-7).
HOMES OF THE FRIENDLESS.
Tit. V, Ch. 12a.
for the benefit of such Home, of every description, in behalf of the county for
the purposes of this act. [70 v. 277.]
(781-7) [Further duties of the board of trustees; of superintendent;
profits.] It shall be the duty of the board to direct the general manage-
ment of the Home as regards its productions, but no provision of this act shall
be so construed as to authorize the letting of the labor of any of the inmates of
the institution to any person or persons for manufacturing, but said labor shall
be used by the superintendent exclusively in the interests of the institution.
And the superintendent shall cause the accounts of the institution to be so
kept that the profits, over and above maintaining the expense of the home,
can be ascertained, and when thus ascertained, the board of trustees shall fund
such annual profits of the institution for distribution among the girls, pro rata,
when either of them may be honorably discharged from the institution. They
shall also see that such productions as are not needed by the institution are
sold to the best advantage. The value of all productions, whether used or sold,
shall be duly accounted for in the annual report. [70 v. 277.]
As to exchange of products between institutions, see
(633-7) et seq.
(781-8) [Procedure whenever a girl is brought before probate
court; duty of probate court; girls entitled to trial by jury.] Whenever
any girl above the age of seven, and under the age of sixteen years, shall be
brought by any constable or police officer, or other inhabitant of the county,
before the probate court of said county, upon the allegation or complaint that
said girl has committed any offense known to the laws of this state, punishable
by fine, or by fine and imprisonment other than imprisonment in the peniten-
tiary, or that she is leading an idle, vagrant, or vicious life, or has been found
without a home, in a state of want, suffering, abandonment, or beggary, it shall
be the duty of said probate court to forthwith issue an order in writing,
addressed to the father, mother, or guardian, or next friend, as the case may be,
of such girl, if such father, mother, guardian, or next friend be resident of or
within said county, requiring such father, mother, guardian, or next friend, as
the case may be, to appear before said court, at a time and place therein to be
named, to show cause, if any there be, why said girl should not be committed to
the home established in such county under this act, and upon the appearance
of said party, or failure to appear at the time and place named in such order,
said court shall proceed to hear such party, and such testimony as shall be
offered; and should it appear to the satisfaction of said court, that said girl is
a suitable subject for the said home, said court may commit said girl to the
same, and for that purpose the said court shall issue its order to the sheriff of
the county, or to some suitable person to be named in such order, commanding
him to take charge of said girl, and to deliver her without delay to the super-
intendent of said home; and fees therefor shall be the same as for similar
services under the laws now in force, and shall be paid by the county in the
same manner: provided, that nothing in this act shall be so construed as to
prevent any girl arrested for crime from demanding a trial by jury; and when
any such demand shall be made by or on behalf of such girl, the probate court is
hereby authorized, after an examination of the case, in the discretion of the
court, to discharge such girl, or require her to enter into recognizance for her
appearance before the court of common pleas, as justices of the peace may
recognize in such cases; and in default of recognizance, such probate court may
commit to the jail as justices might in such case commit; and the probate
judge shall forward to the clerk of the court of common pleas of the proper
county, a transcript of the proceedings in the case before his court; and said
probate court may recognize witnesses as justices of the peace could in such
case. [70 v. 277.]
441
Tit. V, Ch. 12a.
HOMES OF THE FRIENDLESS.
§ (781-9).
(781-9) [Discipline and government of inmates.] Any girl duly
committed to said home shall there be kept, disciplined, instructed, employed,
and governed, under the direction of the said board of trustees, until she be
either reformed and discharged, or shall be bound out by said trustees, accord-
ing to their by-laws, or shall have attained the age of eighteen years: provided,
that the trustees shall have the right to discharge and return to the parents,
guardian, or protector any girl who, in their judgment, ought to be removed
for any cause from said home, and in such case the trustees shall enter upon
their records the reasons for her discharge, a copy of which record, signed by
their secretary, shall be forthwith transmitted to the probate judge by whom
the girl was committed. [70 v. 277.]
(781-10) [Procedure in case of girls who are brought before a crim-
inal court.] Whenever any girl, between the ages of seven and sixteen years,
shall be brought before any justice of the peace or police court, or court of
criminal jurisdiction, charged with any offense punishable by fine or impris-
onment, other than imprisonment in the penitentiary, and if found guilty,
would be a proper subject for commitment to said home, an order to that effect
shall be entered on the records of the proceedings of said justice or court; and
thereupon it shall be the duty of said justice or court, by warrant in due form
of law, or order, to cause such girl to be forthwith taken before the probate
judge of the proper county, and transmit to said judge the complaint and
indictment or warrant, by virtue of which she shall have been arrested; and
thereupon the probate judge shall proceed in the same manner as if she had
been brought before him upon original complaint as is provided in this act.
[70 v. 277.]
(781-11) [Girls may be bound out as apprentices, servants, etc.]
The trustees may bind out as an apprentice, or servant, any girl committed to
their charge, for a term not longer than until she arrives at the age of eighteen
years; and the person to whom the girl is bound shall by the terms of the in-
denture be required to report to the trustees as often as once in six months her
conduct and behavior, and whether she is still living under his care, and if
not, where she is. [70 v. 277.]
(781-12) [Indenture of apprenticeship not to be transferred.] A
person receiving an apprentice under the provisions of the last section, shall
not assign or transfer the indenture of apprenticeship, nor let out her services
for any period without the consent of the trustees in writing. If the
If the person, for
any cause, desires to be relieved of the contract, the trustees, upon application,
may, in their discretion, cancel the indenture, and resume the charge and
management of the girl, and shall have the same power and authority in
regard to her as before the indenture was made. [70 v. 277.]
(781-13) [Apprentices entitled to discharge for any bad treat-
ment.] If the person is guilty of cruelty or misusage towards the girl so
bound to service, or of any of the terms of the indenture, the girl or trustees
may make complaint to the probate judge of the proper county, who shall
summon the party before him and examine into the complaint, and if it appear
to be well founded, he shall by certificate, under his hand, discharge the girl
from all obligations of future service and restore her to the home, to be man-
aged as before her indenture. [70 v. 277.]
(781-14) [Trustees to be guardian over the apprentices.] The
trustees shall be the guardian of every girl so bound or held to service, and
shall take care that the terms of the contract are faithfully fulfilled, and that
442
?
§ (781-15).
HOMES OF THE FRIENDLESS.
Tit. V, Ch. 12a.
she is properly treated, and shall cause any grievance to be redressed. [70 v.
277.]
(781-15) [Duties of the superintendent, etc.] The superintend-
ent, with such subordinate officers as the trustees may appoint, shall have the
general charge and custody of the girls; shall be a constant resident at the
school and under the direction of the trustees; shall discipline, govern, instruct,
and employ, and shall faithfully endeavor to reform in such manner as shall,
while preserving their health and promoting the proper developments of their
physical system, secure, as far as possible, the formation of moral and indus-
trious habits, and regular, thorough progress, and improvement in their studies,
trades and employments. [70 v. 277.]
(781-16) [Further duties of the superintendent.] He shall, before
entering upon the duties of the office, give a bond to the state of Ohio, with
sureties satisfactory to the trustees, in the sum of ten thousand dollars, con-
ditioned that he shall perform all the duties faithfully, and account for all
moneys received by him as superintendent, which bond, when approved, shall
be filed with the treasurer of the county. He shall have charge of all property
pertaining to the home within the precincts thereof, and shall keep in suitable
books complete accounts of all receipts and expenditures and of all property
intrusted to him, showing the income and expenses of the institution, and
account to the treasurer in such manner as the trustees may require, for all
moneys received by him. The books, accounts, and documents relating to the
home, shall at all times be open to the inspection of the trustees. He shall
keep a register containing the name and age of each girl, and, as far as possible,
the circumstances connected with her history prior to the time of her admission
to the home, and he shall add thereto such facts as shall come to his knowl-
edge relating to her history while at the institution and after leaving it. [70
v. 277.]
(781-17) [Contracts: how to be made, etc.] All contracts on ac-
count of the institution shall be made by the superintendent in writing, and
approved by the trustees, and the superintendent, or his successor, may sue
thereon to final judgment and execution. No suit shall abate by the office
of superintendent becoming vacant; but any successor in office may take upon
himself the prosecution or defense thereof, and upon motion of the adverse
party, and notice, he shall be required to do so. [70 v. 277.]
(781-18) [Monthly visitations; record.] One or more of the trustees
shall visit the institution at least once a month, at which time the girls shall
be examined in the school-rooms and work-shops, and the register inspected.
A record of these visits shall be kept in the books of the superintendent.
Once in every three months the home, in all its departments, shall be exam-
ined by a majority of the trustees, and a report thereof entered upon record.
[70 v. 277.]
(781-19) [Salaries of the superintendent and matron.] The salary
of the superintendent shall be at the rate not exceeding one thousand dollars.
per annum, and of the principal matron not exceeding six hundred dollars per
annum. [70 v. 277.]
(781-20) [No debts shall be contracted.] No trustee, superintend-
ent, officer, or employe connected with the institution shall contract any
debts for the institution in excess of the appropriations; and for any debts
thus contracted, said trustee, officer, or employe shall be liable in his individual
capacity. [70 v. 277.]
443
Tit. V, Ch. 12a.
HOMES OF THE FRIENDLESS.
§ (781-21).
(781-21) [All provisions applicable to females as to males.] In all
provisions of this act relating to trustees, superintendent, and other officers
and employes of such home, words applicable to a person or male person,
holder or holders of any of said positions or offices, shall be construed as ap-
plying also to any female person or persons who shall be appointed to or hold
any of said positions or offices. [70 v. 277.]
(718-22) [Females over sixteen may be committed to the home
by court.] Any female, aged sixteen years or over, who shall, upon conviction
of any minor offense, be sentenced to the jail of the county wherein such
any
home is established or supported, may, with the consent of the judge or justice
by whom the sentence shall be pronounced, and of a majority of the trustees
of such home (which consent, signed by said judge or justice, and by said
trustees, shall be entered upon the journal of the court, or of the docket of the
justice, as the case may be), be committed to such home, and be held subject
to its rules and regulations during the period named in her sentence; if, how-
ever, during said period she shall for any misconduct be expelled from said
home, she shall forthwith be returned to the county jail, and there remain
until the expiration of her sentence. [70 v. 277.]
(781-23) [Woman or girl may be admitted to the home on her
own application.] Any exposed, helpless, evil-disposed, vicious, or friendless
girl or woman of any age, may, on her own application, or with her own con-
sent in writing, and with the consent of a majority of the board of trustees, be
received into such home, and when so received, shall be subject to the rules.
and regulations thereof. All such applications and consents shall be entered
and copied upon the journal of the superintendent. [70 v. 277.]
(781-24) [Trustees may be appointed to be guardians of minors.]
Said board of trustees may, with the consent of the mother given in open
court, or if elsewhere, in the presence of the probate judge, be appointed
guardians of any minor child of any girl or woman committed or admitted to
such home, subject to the right of any such child, not itself committed to the
home under some foregoing provision of this act, to select another guardian
on arrival at the age for election, as provided in the statute relating to guard-
ian and ward. [70 v. 277.]
(781-25) [Private homes may be transferred to certain counties.]
In case there shall be in any county described in the first section [§ (781-1)]
of this act, an Home for the Friendless, established by private benevolence,
the county commissioners of such county may, instead of establishing a home
under this act, upon the managers of such private home agreeing to submit to,
and observe and carry out the provisions of this act, and upon making such
terms as to the transfer of the property of such home to the county as not re-
quire a larger outlay for any item of expenses than is limited for such item in
and by the foregoing provisions of this act, receive the transfer of said home
and property, and adopt and support it in the same manner as if the commis-
sioners had originally established it. [70 v. 277.]
(781-26) [Certain city councils may establish homes in certain cases;
joint contribution of funds, etc.] The city council of the city of the second
class, situated in such county as aforesaid, shall have the same power to estab-
lish, support and regulate, within and for such city, such a home and school as
is described in the first section [§ (781-1)] of this act; and in regard thereto,
said council and the members thereof shall have the same powers, rights, and
duties, and be subject to the same prohibitions and penalties, as have herein-
before been vested in, imposed upon, and provided for the county commission-
ers of any county described in the said first section [§ (781-1)]; and any such
444
§ (781—27).
HOMES OF THE FRIENDLESS.
Tit. V, Ch. 12a.
city home shall be named- Home for the Friendless, the name of the city
preceding the word home: provided, however, that in all cases where a city of
the second class shall be situated within the limits of a county, described in the
first section [§ (781-1)] of this act, the city council of said city shall not proceed
to establish or provide for the support of any such Home, without first commu-
nicating to the county commissioners of said county a copy of a resolution
passed by said council, to the effect that said council proposes to establish or
Support such a home; and if within four calendar months of their receipt of
Isaid copy, said commissioners shall not make and adopt an order to the effect
that they will establish or provide a county home, the aforesaid city council
may proceed to establish, or adopt and support a city home. Such acts as have
been herein before required to be done by, through, or in connection with the
county auditor, treasurer, county treasury, commissioners, journal, or other
county officer, office, both, or department, in the case of a county home, shall be
done through, by, or in connection with the corresponding city officer, office,
both, or department, in the case of city home: provided, further, that any city
of the second class situate in any such county as aforesaid, may, through its
city council, acting in conjunction with the commissioners of such county,
contribute to the purchase of land, erection of buildings, and support of such
home, or the commissioners of such county may contribute in like manner to
such home in such city; but in the event of such joint contributions and
co-operation, such home shall be under the control of the county commissioners
in case the county contribute more largely than the city, and said home shall
be controlled by the city council in case the city make the greater expenditure
in that behalf. (70 v. 277.)
(781-27) [Levy for establishing and supporting the home.] For
the purpose of establishing and supporting a county home, the county com-
missioners may order a levy as follows, upon the taxable property within their
county, to wit:
For purchase of grounds, not to exceed two-fifths of a mill.
For erection of buildings and furnishing them, not to exceed three-fifths
of a mill.
For yearly expenses, not exceeding one-fifth of a mill annually; and for a
city home, the city council may levy upon the taxable property within said
city as follows, to wit:
For purchasing of grounds, not exceeding one-half of a mill.
For buildings and furnishing, not exceeding one mill.
For yearly expenses, not exceeding three-tenths of a mill annually. [70
v. 277.]
(781-28) [Construction as to the Industrial School for Girls.] This
act shall not be so construed as to deprive any judge or court of the authority
to sentence any girl to the Industrial School for Girls, established by the state
of Ohio, the same as if this act had not been passed. [70 v. 277.]
(781-29) [Girls convicted of certain penitentiary offenses may be
sent to the home.] Any girl under the age of sixteen years, who may, in such
county as aforesaid, be convicted of any crime punishable by imprisonment in
the penitentiary (except for life), may, at the discretion of the proper court,
and with the consent of the trustees of such home, be sentenced to such home
for such period as she would otherwise be sentenced to the penitentiary. [70 v.
277.]
(781-30) [Certain moneys shall be paid over to the home of friend-
less girls.] All justices of the peace, all police courts in the city of Toledo,
and the courts of common pleas, and all courts of record in the county
445
Tit. V.
HOMES OF THE FRIENDLESS.
Ch. 12a.
of Lucas, be authorized and required to pay over to the retreat, a home for
friendless girls, in the city of Toledo, all fines and forfeitures arising from the
prosecution of houses of ill-fame or prostitution, or the inmates, residents or
visitors thereof in the city of Toledo. The said courts shall pay over, monthly,
all sums of money so collected, taking therefor a receipt from the treasurer of
said retreat, which shall be a voucher for said courts in any settlement with the
city or county treasurer, for the sums thus collected by said courts. [1888,
April 13: 85 v. 535; 83 v. 392.]
446
§ 782.
PUBLIC BUILDINGS.
TITLE VI. Public Buildings.
CHAPTER 1.
PUBLIC BUILDINGS.
Tit.VI, Ch.1.
Relative to contracts for the erection, repair, etc., of
bridge superstructures.
SECTION
SECTION
782. Plans and estimates of public buildings must
be prepared.
796.
proval.
783. Shall be submitted to the governor, etc., for ap-
784. Public notice for proposals.
785. Awarding of contracts.
786. When change of plans, etc., may be made.
787. Prices in excess of estimates forbidden.
797.
788. Detailed estimates of labor and materials shall
be recorded, and copy addressed to auditor,
etc.
789. Auditor shall compare before issuing warrant,
etc.; five per cent. shall be retained as se-
curity.
790. Payment of warrants.
791. Attorney-general shall enforce this chapter.
792. Duty of trustees when contractor fails in the
performance of contract.
793. Provision as to time of completion of contract.
794. State, county, city, and other officers shall require
separate bids for contract work or materials;
manner in which contracts shall and shall not be
awarded.
795. Commissioners to procure plans, estimates,
specifications, etc., for buildings and bridge
sub-structures; iron bridge sub-structure.
798.
799.
Approval of plans, specifications, estimates, etc., for
court-house or jail; for infirmary; for a bridge;
for a children's home; laws governing letting of
contracts for district home.
Advertisement for proposals; private contracts.
Adjournment of letting of contracts from day to day;
to whom certain contracts shall be awarded; con-
tracts to be submitted to prosecuting attorney ;
power of commissioners to annul old and make
new contract.
799a. Limitation on the amount of bonds hereinbefore re-
quired; qualification of sureties; penalty.
800.
No contract shall be made for price exceeding esti-
mate.
801.
802.
803.
When estimates of work done, material furnished,
etc., shall be made; record of estimates.
Duty of county auditor as to estimates, etc.
Duty of county treasurer.
$03-1.
Foreign flag forbidden on public building;
exceptions.
803-2.
Penalty.
For "an act to give preference of appointment or employment to honorably dis-
charged soldiers," etc. (85 v. 149), see ? (3107-48).
Člock on shall run by standard time, ? (4446—4).
County commissioners given right of eminent domain, see ? 879.
This chapter applies to state building commission so far as applicable, see ? (106—6).
Where the county commissioners proceed under the provisions of Title 6, Chapter 1, Part I, Rev. Stat., to
advertise for sealed proposals for the furnishing of labor and materials for the erection of a court-house, and
the bids are such that the contract must be let for the entire job, it is their duty to award such contract to
the person or persons offering to perform the same at the lowest price, and give sufficient bond to the accept-
ance of the commissioners for the faithful performance thereof: State v. Commissioners, 39 O. S. 188.
After the adoption of the plans provided for by the act of April 18, 1883 (80 v. 181), the further proceedings
in erecting the building (including giving public notice for bids, etc.), are governed by the sections of this
chapter: State ex rel. v. Johnson, 42 O. S. 134.
SEC. 782. [Plans and estimates of public buildings must be prepared.]
The directors, trustees, commissioners, or other officer or officers, to whom is
confided by law the duty of devising and superintending the erection, altera-
tion, addition to, or improvement of, any state institution, asylum, or other
improvement (excepting the penitentiary), erected, or now being erected, or to
be erected by the state, before entering into any contract for the erection,
alteration, addition to, or improvement of such institution, asylum, or other
improvement, or for the supply of materials therefor, the aggregate cost of
which erection, alteration, addition, or improvement and materials therefor,
exceed the sum of three thousand dollars, shall make, or procure to be made, a
full, complete, and accurate plan or plans of such institution, asylum, or other
improvement, or of any addition to, or alteration or improvement thereof, in
all its parts, showing all the necessary details of the work, together with work-
ing plans suitable for the use of the mechanics or other builders during the
construction thereof, so drawn and represented as to be plain and easily under-
447
Tit.VI, Ch.1.
PUBLIC BUILDINGS.
$$ 783-785.
stood; and, also, accurate bills showing the exact amount of all the different
kinds of materials necessary in the erection thereof, addition thereto, or in the
alteration or improvement thereof, to accompany said plan or plans; and, also,
full and complete specifications of the work to be done, showing the manner
and style in which it will be required to be done, giving such directions as will
enable any competent mechanic or other builder to carry them out, and afford
to bidders all needful information to enable them to understand what will be
required in the erection, addition to, alteration, or improvement of such insti-
tution, asylum, or other improvement; and to make, or cause to be made, a
full, accurate, and complete estimate of each item of expense, and the entire
aggregate cost of such institution, asylum, or other improvement, or of any
addition to, alteration, or improvement thereof, when completed. [70 v. 102,
§1; (S. & S. 637).]
For "an act to prevent the erection of dangerous buildings for public use" (86 v. 381),
see ? (4238-1) et seq.
SEC. 783. [Shall be submitted to the governor, etc., for approval.]
Such plans, drawings, representations, bills of materials, and specifications of
work, and estimates of the cost thereof, in detail and in the aggregate, as are
required in section seven hundred and eighty-two (782) to be made, shall be, when
made, submitted to the governor, auditor, and secretary of state, for their
approval, and if approved by them, a copy thereof shall be deposited and
safely kept in the office of the auditor of state. [70 v. 102, § 2; (S. & S. 637).]
SEC. 784. [Public notice for proposals.] After such plans, descrip-
tions, bills of materials, and specifications and estimates as are in this chapter
required, are made and approved, the directors, commissioners, trustees, or
other officer or officers to whom the duty of devising and superintending the
erection, addition to, alteration, or improvement of such institution, asylum,
or other improvement, shall give public notice of the time and place when and
where sealed proposals will be received, for performing the labor and furnish-
ing the materials necessary to the erection of such institution, asylum, or other
improvement, or for the adding to, altering, or improvement thereof, and a
contract or contracts, based on such sealed proposals, will be made; which
notice shall be published weekly, for four consecutive weeks next preceding
the day named for the making of such contract or contracts, in the paper hav-
ing the largest circulation in the county where the work is to be let, and in
one or more daily papers having the largest circulation and published, each,
in the cities of Cincinnati, Cleveland, Columbus, and Toledo, and shall state
when and where such plan or plans, descriptions, bills, and specifications can
be seen, and which shall be open to public inspection at all business hours,
between the date of such notice and the making of such contract or contracts.
[70 v. 102, §3; (S. & S. 637).]
SEC. 785. [Awarding of contracts.] On the day named in the public
notice, the directors, trustees, commissioners, or officer or officers, as aforesaid,
shall proceed to open the sealed proposals, and shall award such contract or
contracts for doing the work, and furnishing materials for the same, to the
lowest bidder; but no proposals shall be considered unless accompanied by a
bond of the proposer, with sufficient sureties, conditioned that if the proposal
be accepted, the party proposing will enter into a proper contract, and faith-
fully perform his or their contract or contracts, in accordance with said pro-
posal, and the plan or plans, specifications, and descriptions, which are made a
part of such contract or contracts: and such contract or contracts shall not be
binding on the state until they are submitted to the attorney-general, and by
him found to be in accordance with the provisions of this chapter, and his cer-
tificate thereon to that effect made; but if, in the opinion of such directors,
trustees, commissioners, or other officer or officers, the acceptance of the lowest
448
§§ 786-788.
PUBLIC BUILDINGS.
Tit.VI, Ch.1.
bid or bids is not for the best interests of the state, they may, with the written
advice and consent of the governor, auditor, and secretary of state, accept such
proposal or proposals opened, as they deem better for the interests of the state,
or reject all proposals, and advertise for others in the manner aforesaid: alĺ
contracts shall provide that such directors, trustees, commissioners, or other
officer or officers, may, as hereinafter provided, and on the conditions stated,
make any change in the work or materials. [70 v. 102, §4; (S. & S. 638).]
When, under the act of April 3, 1868 (65 v. 59), the trustees of the institution for the blind proceed regu-
larly in all respects in accordance with law to advertise for sealed proposals, to be filed within a day named,
for the furnishing of specified labor and materials toward the erection of an institution for the blind, it is
their duty to award the contract for the furnishing of such labor and materials to such person or persons as
offer the same at the lowest price and give the requisite security, provided such price is not in excess of the
preliminary estimates required by that act; and in such case, after the day limited for the filing of proposals,
and after the same have been opened, the trustees are invested with no discretion to permit an amendment
or alteration of any such proposal on account of any alleged mistake therein, unless the fact of such mistake
and the requisite data for correcting the same are apparent on the face of the proposals: Beaver v. Trustees
Institution for the Blind: Griffith v. Same, and Janes v. Same, 19 O. S. 97.
A bill in chancery may be filed in court under a special act of the legislature for taking an account upon
a public contract: Hampson v. State, 8 O. 315.
SEC. 786. [When change of plans, etc., may be made.] No change of
the plan or plans, descriptions, bills of materials, or specifications, which shall
either increase or decrease the cost of said institution, asylum, building, or
improvement, exceeding the sum of one thousand dollars, shall be made or
allowed, after they are once approved and filed with the auditor of state as
herein required, until such proposed change has received the approval of the
governor, auditor, and secretary of state; and when so approved, the plan or
plans of such change, with the descriptions thereof, and the specifications of
the work and bills of material, shall be filed with the auditor of state in the
same manner as required before such change was made, and no allowance
whatever shall be made for work performed or materials furnished under such
change of plan or plans, or descriptions, or specifications, or bills of material,
unless before such labor is performed and materials furnished, a contract therefor
is made in writing, which shall show distinctly the nature of such change, and
be subject to all the conditions and provisions herein imposed upon the orig-
inal contracts, and the approval of the attorney-general, as herein before pro-
vided; but all changes in the contract of less than one thousand dollars shall
be by contracts in writing, with full specifications and estimates, and shall
become a part of the original contract, and be filed with the auditor of state
with the original contract; but the amount of such change in the contract,
plans, descriptions, bills of material, or specifications, less than one thousand
dollars, shall not in the aggregate increase the cost of the construction of said
institution, asylum, building, or improvement, more than two and one-half
per centum of the original contract price or cost. [70 v. 102, §5; (S. & S. 638).]
SEC. 787. [Prices in excess of estimates forbidden.] No contract or
contracts shall be made for the labor or material herein provided for, at a price
in excess of the entire estimate thereof in this chapter required to be made,
and the entire contract or contracts shall not, including estimates of expenses
for architects and otherwise, exceed in the aggregate the amount authorized by
law for such institution, asylum, or other improvement, or such addition to, or
alteration, or improvement thereof. [70 v. 293, § 6; (S. & S. 639).]
SEC. 788. [Detailed estimates of labor and materials shall be recorded,
and copy addressed to auditor, etc.] At the time or times named in the
contract or contracts made and filed with the auditor of state, or which
had been previously made and filed with the auditor of state, in accordance
with the provisions of this chapter, for payment to the person or persons with
whom such contract or contracts had been made, the directors, trustees, commis-
sioners, or other officer or officers to whom is confided the duty of superintending
the erection of such institution, asylum, or improvement, or adding to, altering,
or improving the same, shall make, or cause to be made, a full, accurate, and
419
Tit. VI, Ch.1.
PUBLIC BUILDINGS.
§§ 789-792.
detailed estimate of the various kinds of labor and materials performed and
furnished under such contract or contracts, with the amount due for each kind
of labor and material, and the amount due in the aggregate, which estimate
shall be based upon an actual measurement of the labor and materials so per-
formed and furnished, and shall, in all cases, give the amounts of the preceding
estimate or estimates, and the amount of labor performed and material fur-
nished since the last estimate, which shall be recorded in a book for that pur
pose, to be provided and kept by the directors, trustees, commissioners, or other
officer or officers, and a certified copy thereof, addressed to the auditor of state
by them or by such person as they may designate for that purpose, delivered
to the contractor or contractors entitled thereto; but upon all estimates of
material furnished and delivered, and not actually having entered into and
become a part of said building, there shall not be paid, until the same shall be
incorporated into and become a part of said building, exceeding fifty per
centum of such estimated value. [70 v. 102, §7; (S. & S. 639).]
SEC. 789. [Auditor shall compare before issuing warrant, etc.; five
per cent. shall be retained as security.] The auditor of state on the receipt
of such estimate, so certified and approved, shall compare carefully the same
with the contract or contracts under which labor was done or materials fur-
nished, and if there had been any previous estimates, then with such estimates;
and if he finds such last named estimate in all respects correct, he shall number
the same, place it on file, and have a record thereof made, and give to the person
or persons entitled thereto, taking his or their receipt therefor, a warrant on the
treasurer of state for the amount shown by such estimate or estimates to be
due, less the amount of five per cent. thereon, which shall be retained as an
additional security for the faithful performance of his or their contract or
contracts, and shall be forfeited to the state in the event of a failure of such
contractor or contractors to conform in good faith to the terms and conditions
of such contract or contracts; but when the labor to be performed and mate-
rials furnished under such contract or contracts is performed and furnished,
and a final estimate thereof made, the auditor of state shall include in the
warrant or warrants for the amount of such last estimate the percentage
retained on former estimates. [70 v. 102, § 8; (S. & S. 639).]
SEC. 790. [Payment of warrants.] The treasurer of state shall pay the
warrants issued by the auditor of state, under and by virtue of the provisions
of this chapter, placing the same on file, and keeping a register of the names
of the person or persons to whom such warrants are paid. [70 v. 102, § 9;
(S. & S. 640).]
SEC. 791. [Attorney-general shall enforce this chapter.] The attor
ney-general shall have charge of and direct all the proceedings necessary to
enforce the contracts authorized by this chapter, and its provisions against
those who become liable for violations thereof. [70 v. 102, § 11; (S. & S. 640).]
SEC. 792. [Duty of trustees when contractor fails in the performance
of contract.] When, in the opinion of the trustees, directors, commissioners,
or other officers charged with the duty of devising and superintending the
erection, alteration, addition to, or improvement of, any state institution,
asylum, or other improvement under this chapter, or any law of this state, the
work under any contract, made in pursuance of this chapter or any such law,
is neglected by the contractor or contractors, or that the same is not prosecuted
with the diligence and force specified, meant, or intended in and by the terms
of the contract, it is lawful for such trustees, commissioners, directors, or other
officers, to make a requisition upon such contractor or contractors for such
additional specific force, or for such additional specific materials, to be brought
into the work under said contract, or to remove improper material from the
grounds, as in their judgment said contract and its due and faithful fulfillment
;
30
450
§§ 793-794.
PUBLIC BUILDINGS.
Tit.VI, Ch.1.
require, of which action notice in writing of not less than five days shall be
served upon such contractor, or his or their agent having charge of the work;
and if such contractor or contractors fail to comply with such requisition
within fifteen days, it is lawful for the trustees, directors, or other officers, with
the written consent of the governor, auditor of state, and secretary of state, to
employ upon such work the additional force, or supply the materials so specifi-
cally required, as aforesaid, or such part of either as they deem proper, and to
remove improper materials from the ground; and they shall make separate
estimates of all such additional force or materials so employed or supplied, as
aforesaid, which, being certified by them, shall be paid by the auditor of state,
the same as if made out agreeably to section seven hundred and eighty-eight, and
the amount so paid shall be charged against said contractor or contractors, and
deducted from his or their next or any subsequent estimate; or the same, or
any part thereof, not paid, as aforesaid, may be recovered by action from such
contractor or contractors, and their sureties. [70 v. 102, § 12.]
SEC. 793. [Provision as to time of completion of contract.] In all
contracts made under the provisions of this chapter there shall be a provision
in regard to the time when the whole or any specified portion of the work
contemplated in said contract shall be completed, and also providing that for
each and every day the same shall be delayed beyond such time or times so
named, the said contractor or contractors shall forfeit and pay to the state a
sum to be fixed and determined in said contract, to be deducted from any pay-
ment or payments due or to become due to said contractor or contractors.
[70 v. 102, § 13.]
SEC. 794. [State, county, city, and other officers shall require sepa-
rate bids for contract work or materials; manner in which contracts shall
and shall not be awarded.] When any board of commissioners, board of
trustees, officers, or board of directors of the state, or of any county, township,
city, town, village, school or road district of the state, or of any public insti-
tution belonging to the same, or any common council or other municipal
authority, who are now or at any time shall be authorized to contract or
engage for the erection, repair, alteration, or rebuilding of any state-house,
court-house, penitentiary, jail, infirmary, asylum, poor house, work house,
school house, bridge, culvert, or other public building or improvement, and
who are now or hereafter may be required by law to advertise for and receive
proposals for the furnishing of materials and doing the work necessary for the
erection of the same, such officer, board, or other authority, shall require sepa-
rate and distinct proposals to be made for furnishing the materials or doing
the work, or both, in their or his discretion, for each separate and distinct
trade or kind of mechanical labor, employment, or business necessary to be
used in making such public improvement; and in no case where more than
one such trade or kind of mechanical labor, employment or business is
required to furnish the materials for, and do any such work, shall any con-
tract for the whole of the job, or any greater portion thereof than is embraced
on [in] one trade or kind of mechanical labor, employment or business, be
awarded by any such officer, board, or authority, unless the separate bids do
not cover all the work and materials required, or the bids for the whole, or for
two or more kinds of work or materials are lower than the separate bids in
the aggregate; and in all cases the contracts for the doing of the work belong-
ing to each separate trade, or kind of mechanical labor, employment or busi-
ness, or the furnishing of the materials for the same, or both, at the discretion
of said officer or board, or other authority, shall be awarded to the lowest and
best separate bidder therefor, and a contract for the same shall, in all cases, be
made directly with him or them by said officer, board, or other authority, in
451
Tit.VI, Ch. 1.
PUBLIC BUILDINGS.
$ 795.
the same manner and upon the same terms, conditions, and limitations, as to
giving bond, with security and otherwise, as are now prescribed by law, unless
the same is let as a whole, or to bidders for more than one kind of work or
materials, as aforesaid; but the provisions of this section shall not apply to
the erection of buildings and other structures of a less cost than ten thou-
sand dollars. [1888, April 13: 85 v.218; Rev. Stat. 1880; 74 v. 186, § 1.]
See note to ? 801.
See ?799.
Section 799, of the Revised Statutes, is a substantial re-enactment of 2 10 of the act of April 27, 1869 (66 v. 52),
and 794 is a re-enactment of the first section of the act of May 5, 1877 (74 v. 168). Hence, in so far as the
two sections are irreconcilable with each other, effect must be given to the latter. The two acts, as incorpo-
rated in the Revised Statutes, must receive the same interpretation as they did before the revision: State ex
rel. v. Commissioners of Shelby Co., 36 O. S. 326.
The commissioners awarded the contract to C. as the lowest and best bidder. Upon his failure to enter
into the contract, they refused to award to H. P. C. & Co. as the next lowest and best bidder, although
demand was duly made therefor, but re-advertised for further proposals for supplying the materials and per-
forming the work: Held, mandamus would not lie to compel the award to H. P. C. & Co.: Ib.
There is no such conflict between 22 794 and 799, of the Revised Statutes, as requires the rejection of
either. Section 794 provides for letting contracts in certain cases and under certain conditions to separate
bidders representing different trades. But where a contract is to be let for the entire job, because the
aggregate of the separate bids exceeds the estimated cost of the improvement, the case is one not provided
for by 2794; and in determining who is entitled to the contract, the provisions of 799 are applicable and
govern State v. Commissioners, 39 O. S. 188.
Where proposals for a county contract called for bids on 19 details, the labor on each to be priced sepa-
rately, also the material and the labor and material combined, bids are to be considered not for the entire
work under ? 799, but for the separate items under 2 794; hence, a bidder whose total for all was lowest is not
entitled to have all the items awarded to him: Supreme Court without report, State ex rel. v. Commissioners,
36 W L. B. 176.
Cited in State ex rel. v. Commissioners, 3 C. C. 403.
Council after rejecting all bids may reconsider its action and award to one of the original bidders:
McClain v. McKisson, 15 C. C. 517; or if the contract is awarded and the bidder refuses or fails to enter into
it, council may award it to another bidder: Id.
Sections 794 and 795, have no application to a special act for building a new court house: Commis-
sioners v. Pargillis, 10 C. C. 376, 388: 30. D. 585; but contra under another act, see State ex rel. v. Betts, 4
C. C. 86.
A bidder must comply with the mode and manner of bidding prescribed; otherwise he is no bidder:
State ex rel. v. Cincinnati et al., 3 O. D. 48; 1 N. P. 377.
Such a person cannot compel the contract to be awarded to him: Id.
Quære: Whether such person can be given the contract: Id.
A bid on heating and ventilating apparatus, need not state separately the labor and materials entering
into the apparatus: State ex rel. v. Board of Education, 14 C. C. 23; 7 O. D. 338.
The discretion of a board as to what system of apparatus it will put in, cannot be controlled either by
mandamus or injunction: State ex rel. v. Board of Education, 14 C. C. 15; 7 Ö. D. 338.
SEC. 795. [Commissioners to procure plans, estimates, specifications,
etc., for buildings and bridge substructures; iron bridge substructure.]
In all cases where it becomes necessary for the commissioners of any county
to erect or cause to be erected any public building, or any substructures for a
bridge or bridges, or when it is necessary to make any addition or alteration of
the same, whether the same is done under a general or special law passed for
that purpose, such commissioners, before entering into any contract for the
erection, alteration or repair thereof, or for the supply of any materials there-
for, shall make, or may procure some competent architect or civil engineer to
make full, complete and accurate plans therefor, showing all the necessary
details of the work and materials that will be required for the same, together
with working plans suitable for the use of the mechanics or other builders
during the constructing thereof, so drawn as to be easily understood, and also
accurate bills, showing the exact amount of all the different kinds of materials
to be used in the erection thereof, addition thereto, or in the alteration of the
same, and they shall accompany the plan or plans. The architect or civil
engineer shall also furnish complete specifications of the work to be done,
showing the manner and style in which the same will be required to be done,
and giving such directions for the same as will enable any competent builder
to carry them out; afford to bidders all needful information to enable them to
understand what will be required in the construction, addition to or alteration
thereof; he shall also make a full, accurate and complete estimate of each item.
of expense, and the entire aggregate cost of the building, or bridge substructure
452
$$ 796-797.
PUBLIC BUILDINGS.
Tit. VI, Ch. 1.
as the case may be, or of any addition to or alteration thereof when completed;
provided, that nothing in this section shall prevent the commissioners from
receiving from bidders on iron substructures for bridges the necessary plans
and specifications therefor. [1888, April 13: 85 v. 218, 219; Rev. Stat. 1880;
68 v. 20, § 7.]
The provisions of 22 795, 796, 797, 798 and 799, not being complied with, in the letting of a bridge con-
tract, there can be no recovery upon the contract against the county, although the connty enjoys the benefits
of the contract and there was no corrupt motive in the violation of these sections: State ex rel. v. Biddle et
al., 3 N. P. 173; 4 O. D. 130.
Nor will an action upon a quantum mernit lie in such case: Buchanan Bridge Co. et al. v. Walters et al.,
3 N. P. 176; 4 O. D. 134.
See note to. ? 801.
SEC. 796. [Relative to contracts for the erection, repair, etc., of bridge
superstructures.] When it becomes necessary to erect a bridge, the commis-
sioners shall determine the length and width of the superstructure, whether
the same shall be single or double track, and shall advertise for proposals for
performing the labor and furnishing the materials necessary to the erection
thereof; and the commissioners may, but are not required to, prepare or cause
to be prepared plans, descriptions and specifications for such superstructures,
which shall be kept on file in the auditor's office for inspection by bidders and
all persons interested, and invite bids or proposals in accordance with the
same; but they shall also invite, receive and consider proposals on any other
plan at the option of bidders, and shall require that all proposals on such
other plan shall be accompanied with plans and specifications showing and
setting forth the number of spans, the length of each, the nature, quality and
size of the materials to be used in the erection of such bridge, the strength of
the structure when completed, and also whether there is any patent right on
And the com-
the proposed plan, or on any, and if any, what part thereof.
missioners shall, in their advertisement for proposals, invite bidders to make
the same for furnishing all the materials and performing all the work, or for
such parts thereof as bidders may see proper, and shall state the time and
place when and where bids will be opened and the contract or contracts
awarded, at which time and place, or at a time to which they shall publicly
adjourn the consideration of the same, they shall publicly open, read and exam-
ine such proposals as have been made, and shall award the contract or con-
tracts for the furnishing of the material for and for the erection of such super-
structure to the person or persons giving security as required by the provisions
of this chapter, who is the lowest or best bidder or bidders, considering price,
plan, material and method of construction; and the plan or plans and specifi-
cation or specifications upon and according to which such contracts are
awarded, shall be kept on file in the office of the auditor and made a part of
the contract with the successful bidder or bidders, as in this chapter provided
for other contracts; and when it is necessary to make any addition to, or alter-
ation or repairs of any bridge, the commissioners shall, in making contracts
for the same, conform to the provisions of this section in relation to the erec-
tion of bridges as nearly as the nature of the case will permit. [1888, April 13:
85 v. 218, 219; Rev. Stat. 1880; 68 v. 20, §7.]
See notes to State ex rel. v. Biddle et al., 3 N. P. 173, and Buchanan Bridge Co. et al., v. Walters et al., 3
N. P. 176, under 2 795.
See note to 2 801.
SEC. 797. [Approval of plans, specifications, estimates, etc., for court
house or jail; for infirmary; for a bridge; for a children's home; law gov-
erning letting of contracts for district home.] Such plans, drawings,
representations, bills of material and specifications of work, and estimates of
the cost thereof in detail and in the aggregate, as are required in the two pre-
ceding sections of this chapter to be made, if they relate to the building of any
court house or jail, or any addition to or alteration or repair or improvement
thereof, shall be submitted to the commissioners, together with the clerk of the
court, the sheriff and probate judge, and one person to be appointed by the
453
Tit. VI, Ch. 1.
PUBLIC BUILDINGS.
$$ 798-799.
judge of the court of common pleas, for their approval, and if approved by
them or a majority of them, a copy thereof shall be deposited with the county
auditor, to be safely kept in his office; and if said plans, drawings, representa-
tions, bills of material and specifications of work and estimates of the cost
thereof relate to the building, addition to, or alteration of an infirmary, then
the same shall be submitted to said commissioners and infirmary directors, and
if approved by them or a majority of them, a copy thereof shall in like man-
ner be deposited in the office of the auditor and safely kept for the inspection.
and use of all parties interested; and if said plans, drawings, representations,
bills of material, specifications of work and estimates relate to the building of
a bridge, then the same shall be submitted to said commissioners, county
auditor and county surveyor, and if approved by a majority of them, a copy
thereof shall in like manner be deposited with the county auditor and kept for
the purposes herein stated; and if the plan or plans, drawings, representations,
bills of materials, specifications of work and estimates relate to the building of
a children's home, then the same shall be submitted to said commissioners and
three citizens of the county, to be appointed by a judge of the court of common
pleas residing therein, or a judge residing in the same sub-division of the same
judicial district, and if approved by a majority of them, a copy thereof in like
manner shall be deposited with the county auditor and kept by him for the
purposes herein stated; but before such plans are adopted, they shall be sub-
mitted to the state board of charities for suggestions and criticism; and the
commissioners of counties composing a district for the purpose of establishing
a district children's home, in letting contracts for the necessary buildings or in
the repair or alteration thereof, shall be governed by the law relating to letting
contracts for erecting, repairing or altering other public buildings. [1888, April
13: 85 v. 218, 220; 77 v. 72; Rev. Stat. 1880; 66 v. 52, § 8.]
Plans for new jails, work houses, children's homes, etc., before adoption must be sub- '
mitted to board of state charities, see? 656.
See notes to State ex rel. v. Biddle et al., 3 N. P. 173, and Buchanan Bridge Co. v. Walters et al., 3 N. P.
176, under 2 795.
&
Cited in State ex rel. v. Commissioners, 3 C. C. 403.
See note to 2 801.
SEC. 798. [Advertisement for proposals; private contracts.] After
such plans, descriptions, bills of material, specifications and estimates are made
and approved, as required by this chapter, the county auditor shall give public
notice in two of the principal papers in any such county having the largest
circulation therein; but if there is only one paper published in such county,
then it shall be published in such paper of the time and place, when and where
sealed proposals will be received for performing the labor and furnishing the
materials necessary to the erection of any public building, bridge or bridge sub-
structure, or any addition to or alteration thereof, and a contract or contracts
based on such sealed proposals will be made, which notice shall be published,
weekly for four consecutive weeks next preceding the day named for the
making such contract or contracts, and shall state when and where such plan
or plans, descriptions, bills and specifications can be seen, and which shall be
open to public inspection at all reasonable hours, between the date of such
notice and the making of such contract or contracts; but when the estimated
cost of any public building or a bridge, and the substructure thereto, or of
making any addition to or repair of any public building, bridge and substruct-
ures for the same does not exceed one thousand dollars, the same may be let
at private contract without publication. [1888, April 13: 85 v. 218, 221; Rev.
Stat. 1880; 68 v. 103, § 9.]
See notes to State ex rel. v. Biddle et al., 3 N. P. 173, and Buchanan Bridge Co. v. Walters et al., 3 N. P.
176, under 2 795.
SEC. 799. [Adjournment of letting of coutracts from day to day; to
whom certain contracts shall be awarded; contracts to be submitted to
prosecuting attorney; power of commissioners to annul old and make new
454
$ 799.
PUBLIC BUILDINGS.
Tit. VI, Ch.1.
contract.] It is competent for the commissioners if they fail to make the
contract or contracts as herein provided for, on the day named in the notice,
to continue from day to day until such contract or contracts be made; but
such contract or contracts, so far as they relate to public buildings or bridge
substructures, shall be awarded to and made with the person or persons who
offer to perform the labor and furnish the material at the lowest price, and give
good and sufficient bond for the faithful performance of their contracts in ac-
cordance with the plan or plans, descriptions and specifications herein required,
which plan or plans, descriptions or specifications are made a part of such con-
tract or contracts. All contracts herein provided for that exceed one thousand
dollars in amount shall be submitted by the commissioners to the prosecuting
attorney of the county, except in counties having a county solicitor, who shall
take the place of the prosecuting attorney in such counties, before any work
is done or material furnished, and if found by him to be in accordance with.
the provisions of this chapter, and his certificate to that effect is indorsed there-
on, the contract or contracts shall have full force and effect, otherwise they
shall be null and void; but if such contractor or contractors fail or refuse to
proceed with the work specified in his or their contract or contracts, in accord-
ance with the plans, descriptions and specifications attached to and made part
of such contract or contracts, the commissioner shall have power to declare
such contract or contracts annulled, and shall proceed to make another contract
or contracts for the completion of such work, in accordance with the provisions
of this chapter. [93 v. 83; 1888, April 13; 85 v. 218, 221; Rev. Stat. 1880; 66
v. 52, § 10.]
See note to 2 801.
See ? 794.
As to form and correctness must be endorsed by county solicitor of Cuyahoga county,
see 2 1282a.
Under the act of April 27, 1869 (66 v. 52), it is not an abuse of the discretion, as to the acceptance of the
bond required of a bidder, to require that the sureties therein shall be residents of this state; and if a bidder
refuse to furnish such sureties, they may refuse to award him the contract, although his is the lowest bid;
and they may award it to the next lowest. It is their duty to award the contract to the person who offers the
lowest price, and gives good and sufficient bond, if the price is within the estimates; but if the bidder
includes in his bid labor or material not specified in the advertisement, and the price bid is an aggregate
sum of the whole, the commissioners can regard it only as a bid for the things advertised for, and if such
aggregate is not lower than another bid which embraces only what is called for in the advertisement, the
former is not entitled to have the contract awarded to him; and when they refuse to award the contract to
the person entitled thereto, he may compel them to do so, although they have made an unauthorized award
to other parties, provided the party entitled has done nothing to waive his right, and has used reasonable
diligence in asserting it: Boren v. Commissioners of Darke Co., and Farman v. Same, 21 O. S. 311.
Under 10 of that act the prosecuting attorney is not limited in ascertaining whether the contract
awarded by the commissioners is in legal form, but he is also required to ascertain whether the necessary
steps which precede the award have been followed: his duties are not merely ministerial, but he is also
invested with discretionary authority; and if he refuse to make the indorsement required of him, he will
not be compelled to do so if the form and proceedings adopted in receiving bids are susceptible of being so
construed and understood as to show that the contract may not have been awarded to the person offering to
do the work for the lowest price, and he finds such to be the fact: State v. Nash, 23 O. S. 568. See, also, State v.
Yeatman, 22 O. S. 546.
The prosecuting attorney may be compelled, by mandamus, to endorse his certificate on the contract:
Fornoff . Nash, 23 Ö. S. 335.
The lowest bidder must act promptly in giving the bond required: State ex rel. v. Commissioners, 26
O. S. 531.
Upon the failure of the lowest bidder, at such letting, to give the required bond, the next lowest bidder,
who gives such bond, is entitled to an award of the contract: Ib.
Upon such failure of the lowest bidder, the next lowest must be ready to give his bond within a reason-
able time after the default of the former: Ib.
See note to State ex rel. v. Commissioners of Shelby Co., 36 O. S. 326, under 794.
For the construction of this section, in connection with 2794, see note to State v. Commissioners, 39
O. S. 188, under 2 794.
See note to State ex rel. v. Com. Sup. Court without rep., 36 W. L. B. 176, under 2 794.
Although the commissioners of a county have a wide discretion in fixing the amount and determining
the sufficiency of a bond to be given by the lowest bidder, for any branch of the work in the construction of
a court house, the abuse of that discretion will be prevented by the courts: State ex rel. Hippard v. Commis-
sioners of Franklin Co., 1 C. C. 194. This case was decided before the passage of 799a.
The person making the lowest bid for such work pursuant to a legal advertisement, does not thereby
acquire such right to have the contract awarded to him as will prevent the commissioners, acting in good
faith and with regard to public interests, irom rejecting all bids and advertising anew: Ib.
A builder of a bridge under a contract which violates this and the preceding sections, cannot recover,
though there was no corrupt motive and the contract was fair: State v. Biddle, 4 O. D. 130; 6 N. P. 173; nor
can he recover on quantum valebat: Buchanan Bridge Co. v. Walters, 4 O. D. 134, 3 N. P. 176.
455
Tit. VI, Ch. 1.
PUBLIC BUILDINGS.
§§ 799a-802.
SEC. 799a. [Limitation on the amount of bonds hereinbefore re-
quired; qualification of sureties; penalty.] The bonds provided for and
required to be taken by any board or officer of the county, township, city, town,
village or school district of the state, by virtue of sections seven hundred and
ninety-four, seven hundred and ninety-five, seven hundred and ninety-six and seven
hundred and ninety-seven, as amended, and sections seven hundred and ninety-eight
and seven hundred and ninety-nine of the Revised Statutes, shall not exceed fifty
per cent. of the estimated cost of any public building, bridge superstructure or
bridge substructures, or repairing, altering or rebuilding the same, and the
officers named herein may require the person or persons on the bond of the
successful bidder or bidders to qualify that they are residents of the state of
Ohio, and are jointly worth a greater sum than the amount named in the bond
over and above all liabilities and exemptions allowed by law. Any officer
violating any of the provisions of chapter twelve shall be fined in any sum not
exceeding one thousand dollars. [1888, April 13: 85 v. 218, 222.]
Quære Is Chapter 12 here the chapter intended in this section.
See note to 2 801.
SEC. 800. [No contract shall be made for price exceeding estimate.]
No contract or contracts shall be made for any public building, bridge or bridge
substructure, or for any addition to, change, improvement or repair of the
same, or for the labor and materials herein provided for, at a price in excess of
the estimates in this chapter required to be made. [1888, April 13: 85 v. 218,
222; Rev. Stat. 1880; 66 v. 52, § 11.
Quære: Is Chapter 12 here the chapter intended in this section.
See note to 2 801.
It is the duty of commissioners to award the contract to lowest bidder, with good security, if his bid does
not exceed preliminary estimates: Beaver & Butt v. Trustees Blind Asylum, 19 O. S. 97; Boren & Guckes v.
Darke Co., 21 O. S. 311.
Contract to copy plats under the second section of the act relating to the duty of county commissioners,
as amended March 9, 1866, is void as against the county unless it be made with the lowest responsible bidder:
State ex rel. Bain. v. Yeatman, 22 O. S. 546.
Trustees have no discrétion to allow bids to be changed after they are open: Breslin v. Brown, 24
O. S. 565.
Unless fact of such mistake and the requisite data for correcting same are apparent on the face of the
proposal: Beaver & Butt v. Trustees Blind Asylum, 19 O. S. 97.
The commissioners have no legal authority to contract for the labor and material in any branch of such
work, at a price in excess of the preliminary estimate therefor: State ex rel. Hippard v. Commissioners
of Franklin Co., 1 C. C. 194.
SEC. 801. [When estimates of work done, material furnished, etc.,
shall be made; record of estimates.] At the times named in the contract or
contracts made and filed with the county auditor, in accordance with the pro-
visions of this chapter, for payment to the person or persons with whom such
contract or contracts had been made, the commissioners or any architect they
employ to superintend the erection of any public building, bridge or bridge
substructure, or of adding to or altering or improving the same, shall make or
cause to be made a full, accurate and detailed estimate of the various kinds of
labor and material performed and furnished under such contract or contracts,
with the amount due for each kind of labor and material, and the amount due
in the aggregate, which estimate shall in all cases give the amount of the pre-
ceding estimate or estimates, and the amount of labor performed or material
furnished since the last estimate or estimates so made as in this chapter
required, and the estimates shall be recorded in a book for that purpose, to be
provided by the commissioners, and kept by the auditor, who shall furnish
copies of all such estimates to the contractor or contractors as the same shall
from time to time be made. [1888, April 13: 85 v. 218, 222; Rev. Stat. 1880;
66 v. 52, § 12.]
The second section of the act of 1888, April 13 (85 v. 218, 223), contains the following language:
SEC. 2. Said original sections 794. 795, 796, and 797, as amended, and original sections 798, 799, 800, and
801 are hereby repealed: and the sections hereby enacted [794, 795, 796, 797, 798, 799, 799a, 800, 801] shall be held
to apply fully to the erection of all public buildings, anything in other sections of the Revised Statutes to the
contrary notwithstanding; and this act shall take effect on its passage."
SEC. 802. [Duty of county auditor as to estimates, etc.] The county
auditor shall, when such estimate or estimates, so certified as in this chapter
456
§ 803.
PUBLIC BUILDINGS.
Tit. VI, Ch. 1.
required, is or are presented to him. compare the same carefully with the contract
or contracts, under which such labor or materials were furnished, and if there are
any previous estimates, then with such estimates; and if, upon such compar-
ison, he finds such last named estimates correct, he shall number the same,
place the original on file, and have a record thereof made, as aforesaid, and give
to the person or persons entitled thereto, taking his or their receipt therefor,
´a warrant on the county treasurer for the amount shown by such estimate or
estimates to be due, less the amount of five per centum thereon, which shall
be retained as additional security for the faithful performance of such contract
or contracts, and shall be forfeited to the county in the event of a failure by
such contractor or contractors to conform in good faith to the terms and con-
ditions of such contract or contracts; and when the labor to be done and per-
formed under such contract or contracts is completed or materials furnished,
and a final estimate thereof is made, and all done to the acceptance of the com-
missioners, or any competent architect or builder employed by them to super-
intend the execution of such contracts, the county auditor shall include, in
his warrant or warrants on the county treasurer in favor of the person or per-
sons to whom such final estimate or estimates are due, the percentage retained
on former estimates, as herein required. [66 v. 52, § 13.]
SEC. 803. [Duty of county treasurer.] The treasurer of the county
shall pay the warrants drawn under the provisions of this chapter, placing the
same on file, and keeping a register of the names of the person or persons to
whom such warrants are paid. [66 v. 52, § 14.]
(803-1) [Foreign flag forbidden on public buildings; exceptions.]
It shall not be lawful to display the flag or emblem of any foreign country
upon any state, county or municipal building; provided, however, that when-
ever any foreigner shall become the guest of the United States, the state or any
city upon public proclamation by the governor or mayor of such city, the flag
of the country of which such public guest shall be a citizen may be displayed
upon such public buildings. [92 v. 89.]
(803-2) [Penalty.] Whoever violates any of the provisions of this act
shall be fined not more than fifty dollars or be imprisoned thirty days or both.
[92 v. 89.]
American flag required to be displayed on school-houses, see ? (3986-1).
Clocks in and upon buildings to be set by standard time, see ? (4446-4).
!
457
Tit. VII, Ch. 1.
BOUNDARIES OF COUNTIES.
§§ 804-808.
CHAPTER 1.
CHAPTER 2.
TITLE VII. Counties.
BOUNDARIES OF COUNTIES.
PETITIONS FOR NEW COUNTIES OR COUNTY SEATS.
CHAPTER 3. NEW COUNTIES.
CHAPTER 4.
SEATS OF JUSTICE OF NEW COUNTIES.
CHAPTER 1.
BOUNDARIES OF COUNTIES.
SECTION
804. Order for survey of county lines.
805. Notice to commissioners of county affected,
and their duties.
806. Duties of surveyors to make return of survey.
SECTION
807. Surveyors' fees.
808.
Civil action to establish county lines.
809.
810.
Parties to such action, and proceedings therein.
Decree as to taxes collected.
For acts establishing the boundaries of counties in the state of Ohio, see ? ( 23—8 )
et seq.
SEC. 804. [Order for survey of county lines.] When it appears to the
commissioners of any county that the boundary lines of the county are not
sufficiently ascertained, they shall issue their order to the surveyor of the
county, requiring him to ascertain and survey such line or lines. [50 v. 134,
§ 1; S. & C. 372d.]
SEC. 805. [Notice, and running.] The commissioners of any county
where the county line or lines are to be run, shall give notice to the board of
commissioners of the county or counties affected thereby, declaring their inten-
tion of running the line or lines of said county; and said commissioners
receiving such notice, shall order the surveyor of such county to run such lines
with the surveyor or surveyors of the adjoining county or counties, at such
time and in such manner as is fixed upon by the commissioners of said coun-
ties. [50 v. 134, § 2; S. & C. 372d.]
SEC. 806. [Return of survey.] Each county surveyor shall forthwith
make out a return of such survey to the clerk of the common pleas of his
county, who shall make a record thereof. [50 v. 134, §3; S. & C. 372d.]
SEC. 807. [Surveyors' fees.] The county surveyors shall receive for
their services, performed under this chapter, such compensation as is allowed
by the commissioners of the county to which each surveyor, respectively,
belongs, to be paid out of the county treasury on the commissioners' order.
[50 v. 134, §4; S. & C. 372d.]
SEC. 808. [Action to establish lines between counties.] When the com-
missioners of any county are unable to ascertain the boundary lines of such
county with certainty, or having ascertained the boundary line thereof, if the com-
missioners or officers of such adjoining county disregard the true line, the com-
458
SS 809-811.
PETITIONS FOR NEW COUNTIES, ETC. Tit. VII, Ch. 2.
missioners of the county wishing to establish the line thereof, may commence
and prosecute a civil action in the court of common pleas of such adjoining
county against the commissioners thereof, to ascertain and establish such
boundaries. [50 v. 134, §5; S. & C. 372d.]
SEC. 809. [Parties to such suit, and proceedings therein.] The com-
missioners of such adjoining county shall be made parties to such action and
summoned as in other cases; and if the court finds that the boundary line, to
ascertain which such suit is commenced, is not sufficiently ascertained, or that
the officers of such adjoining county disregard the true boundary line, the
court shall appoint a surveyor, who is not a resident of either of such counties,
to ascertain and survey such boundary line, and report the same to the court;
which report shall be conclusive between such counties, unless, for good cause
shown, the same is set aside; but if such survey is not set aside, the court shall
order a record of the same to be made, and a copy thereof to be transferred to
the auditor of each of such counties, and shall order and decree that said line
be established as the true boundary line between such counties, and shall
enforce such decree by injunction, attachment, or otherwise, against the officers
of either of said counties disregarding the same. [50 v. 134, § 6; S. & C. 373.]
SEC. 810. [Decree as to taxes collected.] The court may make such
decree, as to taxes previously collected by either of such counties, within the
true boundary of the territory actually in the other, as is just and right.
[50 v. 134, § 7; S. & C. 373.]
When county lines are changed, and territory is detached from one county and is attached to another, the
county acquiring the additional territory is not entitled to demand from the other any portion of the funds
in its treasury: Crawford Co. v. Marion Co., 16 O. 467.
SECTION
CHAPTER 2.
PETITIONS FOR NEW COUNTIES OR COUNTY SEATS.
SECTION
811. Who may petition, and how petition verified.
812. Notice shall be given before petition for new
county presented.
circulation more than six months.
813. No petition shall be received that has been in
814. Inquiry shall be made as to their pre-requisites.
815. What petition shall contain, and notice to be
presented therewith.
SEC. 811. [Petitions relating to new counties or county seats.] In all
cases where petitions, memorials, or remonstrances are presented to the general
assembly for or against the erection of any new county, or for the location or
re-location of any county seat, the petitioners must be twenty-one years of age,
and resident tax-payers or voters within the several townships where they
reside, and the petition shall set forth the name of the township and county
where the petitioners reside, and that his or their residence is within or out of
the bounds of the proposed new county, as the case may be; and all the fore-
going requisitions shall be proven by the certificate of a township clerk, or by
the oath of some respectable freeholder or voter, certified by some person
authorized to administer oaths; and said certificate or oath shall specify on
said petition, memorial, or remonstrance, in a legibly written hand, the number
of signers there were to said paper at the time of certifying the same. [55 v.
67, § 1; S. & C. 920.]
County is the political organization of certain territory for the administration of the laws and police
powers of the state; is not a corporation: Hunter v. Mercer Co., 10 O. S. 515.
459
Tit. VII, Ch. 2. PETITIONS FOR NEW COUNTIES, ETC.
§§ 812-815.
An act of the legislature providing that the county seat shall be permanently established "at a town,
is not a contract: Newton v. Commissioners, 100 U. S. Supreme Court 548.
Such an act is a public law relating to a public subject, with respect to which the legislature which
enacted it had no power to bind a subsequent one: Ib.
That, if it was a contract, it was satisfied on the part of the state by establishing the county seat at that
town, with the intent that it should remain there: Ib.
That there was no stipulation that the county seat should remain there in perpetuity: Ib. 549.
In the interpretation of such statutes the rule is that, as against the state, nothing is to be taken as con-
ceded but what is given in express and explicit terms, or by an implication equally clear: Ib. 549.
SEC. 812. [Before petition for new county presented, notice must be
given and when and how.] Previous to a petition being presented to the
general assembly, praying that a new county may be erected in this state, or
for the locating or re-location of any county seat, notice of the intention of
presenting such petition shall be given at least thirty days before the ensuing
session of the general assembly, by advertising the same in a newspaper printed
in each county from which such new county is intended to be taken; or, in
case no paper is printed within such county or counties, then notice shall be
given by advertisement to be affixed to the door of the house where courts are
held for such county, for the aforesaid period of thirty days; and such notice
shall set forth the boundary lines of the new county, or the place where it is
proposed to locate such county seat, for which the petitioners intend to pray.
[29 v. 507, §1; S. & C. 919.]
SEC. 813. [No petition shall be received that has been in circulation
more than six months.] No petition, memorial, or remonstrance, relative to
the erection of a new county, or the change of a county seat, shall be received
by the general assembly, that has been in circulation a longer time than six
months previous to the beginning of the session at which it is presented; nor
shall any names of petitioners be written on a separate paper or sheet and
attached to such petition, memorial, or remonstrance. [29 v. 507, § 2; S. & C.
920.]
SEC. 814. [When petition presented, speaker or president shall in-
quire as to notice, etc.; proof of notice, etc.] The speaker of the house, or
president of the senate, to which such petition or memorial is offered, shall
inquire, at the time such petition or memorial is presented, whether notice
thereof has been given agreeably to the requirements of this chapter, and
whether such petition or memorial has been a longer time in circulation than
is herein allowed; and if satisfactory proof of these requirements is produced,
then such petition or memorial shall be received, and not otherwise. [29 v.
507, § 3; S. & C. 920.]
SEC. 815. [Petition for new county, or removal of seat of justice, etc.,
must show where seat of justice is wanted, etc.] All persons petitioning
the general assembly for the erection of a new county, or a review or removal
of a seat of justice, shall, in their petition or petitions, identify the place
where they wish the seat of justice to be fixed therein, and present the notice
required by section eight hundred and twelve, with the petition. [29 v. 507, § 4;
S. & C. 920.]
3
1
460
SS 816-817.
NEW COUNTIES.
Tit. VII, Ch. 3.
CHAPTER 3.
NEW COUNTIES.
SECTION
SECTION
816. Apportionment of moneys on hand between
new and old counties, and duty of treas-
urers.
817. Duties of commissioners as to such apportion-
ment and payment.
818. When and how settlement and payment en-
forced.
819. When payment shall be made.
820. How new counties represented.
821. Duties of judges of elections in new counties.
823.
824.
822. Poll-books in precincts composed wholly of
territory belonging to one old county.
Poll-books in precincts composed of territory
belonging to two or more old counties.
Vote, challenge, and oath of elector.
825.
Additional clerks of election to be appointed.
826. Duties of clerk of court as to such electors.
827. Separate ballots for senators and representa-
828.
tives.
Penalties.
829.
How penalties collected.
SEC. 816. [How such funds divided, and by whom demanded, and
to whom paid, when a new county is laid off and organized.] When a
new county is laid off and organized, the money which remains in the treasury
of the county or counties from which the new county is taken, after deducting
all just debts and demands which were due or owing at the time of setting off
the new county, except such debts as have been contracted for public build-
ings in the old county, shall be divided according to the land and other tax-
able property, within the new county, and the county or counties from which
the new county was taken, from which the tax was paid; and the treasurer
or treasurers of the old counties are required to pay over the same, according
to the proportion before mentioned, to the treasurer of the new county; but
moneys donated or given to said county by individuals for erection of public
buildings or other purposes, or moneys received as clear profit on the sale of
county town lots, the property of said old counties, shall not be subject to such
division. [29 v. 468 (498), § 2; S. & C. 374.]
In the change of county lines, whereby territory is detached from one county and attached to another,
the county acquiring the additional territory is not entitled to demand from the other any portion of the
funds in its treasury: Crawford Co. v. Marion Co., 16 O. 466.
A county from which territory is detached, to form part of a new county, is entitled to deduct its existing
indebtedness from the bridge fund, as well as other moneys previously collected and remaining in its treas-
ury at the time of the division, and the balance only, after making this deduction, is required to be divided
between the old and new counties: Fulton Co. v. Lucas Co., 2 O. S. 508.
Where the general assembly created a new county out of territory formerly belonging to other counties,
and, to compensate such counties, added territory to them from adjoining counties, it was competent for the
general assembly to provide that the county receiving the accession should pay an equitable proportion of
the indebtedness of the county from which such territory was taken: Putnam Co. v. Auditor of Allen Co.,
1 O. S. 322.
Commissioners living within territory taken from the county for which they were elected to form a new
county, cease to be commissioners unless they remove to territory not affected by the change: State v.
Walker, 17 0. 135; but if they, before such removal, appoint a county treasurer, their act will be valid as that
of de facto officers: State v. Jacobs, 17 0. 143.
The act to erect Noble county is valid State v. Dudley, 1 0. S. 437.
SEC. 817. [Commissioners of old county shall settle and give an order
to those of new, etc.] The commissioners of any new county hereafter laid
off and organized from one or more counties, shall call on the commissioners
of the county or counties from which such new county was taken, for a settle-
ment of the money which remains in the treasury of the county or counties;
and the commissioners of such old county or counties are ordered, when called
on by the commissioners of such new county, to settle with them, within three
months thereafter, and give an order on the old county treasurer, in favor of
the new county treasurer, for the amount of money due such new county, as
provided in section eight hundred and sixteen; and the old county treasurer is
ordered to pay the same to the treasurer of such newly erected county. [29 v.
468 (498), § 3; S. & C. 374]
461
Tit. VII, Ch. 3.
NEW COUNTIES.
$$ 818-824.
SEC. 818. [When and how such settlement, etc., may be enforced.]
If the commissioners of such old county refuse or neglect to settle with the
commissioners of such new county, and give them an order on their treasurer
for the amount, as aforesaid, when called on, then, and in that case, the court
of common pleas of the old county shall, upon the application of the commis-
sioners of the new county, proceed in a summary manner, upon notice, to com-
pel the commissioners of such old county to make such settlement, and give
such order; and the court of common pleas shall enforce any order they make
in the premises, by attaching the persons of the commissioners of the old county
until such order is complied with, and the costs of the application paid. [29 v.
468 (498), § 4; S. & C. 375.]
One county can not sue another except for cause authorized by statute: Lake Co. v. Ashtabula Co.,
O. S. 393.
24
SEC. 819. [When money shall be paid to the new county.] If there
is no money in the treasury of the old county to pay the before-mentioned
order when presented, the treasurer of said county shall pay the order out of
the first money received by him for county purposes. [29 v. 468 (498), § 5;
S. & C. 375.]
SEC. 820. [How new counties shall be represented.] Any new county
that may be created, shall be represented in the house of representatives of the
state, during the decennial period in which such new county is created, in the
same manner as if the law creating it had not been passed. [50 v. 198, § 1;
S. & C. 375.]
SEC. 821. [Duties of judges of elections.] The judges of all state and
county elections in all such new counties, shall be governed in all their duties
by the general laws governing elections, so far as the same are consistent here-
with. [50 v. 198, §2; S. & C. 375.]
SEC. 822. [Poll-books in precincts composed wholly of territory before
belonging to old county.] The judges of elections in the several townships or
election districts, composed in whole of territory that originally belonged to any
one of the counties out of which such new county is created, shall cause to be
kept two separate poll-books for senator and representative, in the same man-
ner that the general poll-book is required by law to be kept; one of which shall
be deposited with the township or district clerk, as the case may be, in each
township or election district, for the use of such persons as choose to inspect
the same; and the other shall be certified, sealed up, and directed, in the same
manner as required by law for the return of the general poll-book, and con-
veyed within three days next after the election, by one of the judges thereof,
to the clerk of the court of common pleas of the county to which the territory
before and at the time of the creation of such new county belonged. [50 v. 198,
§ 3; S. & C. 375.]
SEC. 823. [Poll-books in precincts composed of parts of two or more
old counties.] The judges of elections of such townships or election districts
as are composed of territory that originally belonged to two or more of the
counties out of which such new county is created, shall cause to be kept two
separate poll-books for senator and representative, for each portion of territory.
that originally belonged to different counties, in the same manner that the
general poll-book is required by law to be kept, one of each of which shall be
deposited with the clerk of such township or election district, and the other of
each shall be certified, sealed up, and directed, in the same manner as required
by law for the return of the general poll-book, and conveyed within three days
after the election, by one or more of the judges thereof, to the clerk of the court
of common pleas of that county to which the territory before and at the time
of the creation of such new county belonged. [50 v. 198, § 4; S. & C. 375.]
SEC. 824. [Vote, challenge, and oath of electors.] It shall be lawful for
the electors residing in any such township or election district, as is mentioned
462
$$ 825-829.
NEW COUNTIES.
Tit. VII, Ch. 2.
in the preceding section of this chapter, to vote for senator and representative,
at the usual place of holding elections in such township or election district;
and the judges of elections of any such township or election district, in said
preceding section mentioned, before they receive a ballot for senator and repre-
sentative, shall put the necessary question to the elector proposing to vote, so
as to fix his residence; and, in case the elector is challenged for non-residence
in any particular portion of the township or election district, the judges shall
swear the elector to the facts, in the same manner as for any cause of challenge.
[50 v. 198, §5; S. & C. 376.]
SEC. 825. [Additional clerks; their fees.] For the purpose of carrying
out the provisions of this chapter, the judges shall take to their assistance any
necessary number of additional clerks, who shall be paid the same fees and
qualified in the same manner as in other cases. [50 v. 198, § 6; S. & C. 376.]
SEC. 826. [Returns: how made, counted, and certified; fees: how
audited and paid.] The several clerks of the court of common pleas referred
to in this chapter, shall receive the returns of the election for senator and repre-
sentative, and be governed in all things thereby in the same manner as if the
law creating such new county had not been passed; and, in making out the
returns of such election, shall receive and count the votes so returned, and cer-
tify accordingly, and be in all respects governed by the general laws in regard
thereto, so far as the same may be consistent herewith, and as if the votes were
polled in their respective counties; and the clerks of court of common pleas
shall give a certificate to the returning officer for his fees, the same as for like
services, to the auditor of their respective counties; and the auditor shall audit.
the same and issue a warrant on the treasurer of the county therefor. [50 v. 198,
§7; S. & C. 376.]
SEC. 827. [Vote on separate ballot.] All votes for senators and repre-
sentatives in any such new county, shall, during such decennial period, be on
a separate ballot. [50 v. 198, § 8; S. & C. 376.]
SEC. 828. [Penalty for delinquency of duty.] If an officer charged
with any duties under this chapter neglect or refuse to perform the same, he
shall be fined in any sum not exceeding one hundred and fifty dollars, at the
discretion of the court. [50 v. 198, § 9; S. & C. 376.]
SEC. 829. [How fines recovered.] All fines imposed by this chapter
shall be recovered, with costs of suit, in a civil action in the name of the state
for the use of the county. [50 v. 198, § 10; S. & C. 376.]
من
463
Tit. VII. Ch. 4. SEATS OF JUSTICE OF NEW COUNTIES.
CHAPTER 4.
§§ 830-832.
SECTION
830.
Commissioners shall establish seat of justice.
831. When they shall assemble and give notice, etc. :
to be sworn; how to select the site.
832. Their report; appointment of director; his
bond, powers, and duties.
833. Proceeds of sale of lots.
835.
SEATS OF JUSTICE OF NEW COUNTIES.
SECTION
834. Annual report; when money shall be paid over;
penalty.
In what cases the commissioners may select
another site.
836.
Bribery of commissioners.
837.
838.
Their compensation, and how paid.
Vacancy: how filled.
SEC. 830. [Commissioners shall establish seat of justice.] When a
new county is established, the governor shall, by and with the advice and con-
sent of the senate, appoint three commissioners to fix and establish the seat of
justice for said new county: no person residing within the new county or hold-
ing any real estate therein, shall be appointed commissioner. [29 v. 495, §§ 1,
2; S. & C. 1386.]
A county seat having been located on condition that citizens interested in the location would erect and
donate to the county a court house and other public buildings, which condition was complied with, and
afterward the county seat is removed to another place, and the commissioners claim the right to use and
dispose of these buildings for other purposes, and the donors prefer claims for the money expended for these
buildings, and the claims are compromised, and county orders issued for the amounts agreed upon, the pay-
ment of which was subsequently sought to be enjoined, it was held :
1. There was a clear moral obligation to give up the property, or make compensation.
2. Doubts might well be entertained whether chancery would not have interfered on behalf of the
donors.
3. The claims were sufficient for a compromise, and the court would not interfere by injunction to pre-
vent the payment of the orders: Lucas Co. v. Hunt, 5 O. S. 488; but the location of a county seat upon such
condition, and compliance with the condition, do not have the effect of a contract between the state and
citizens so as to deprive the state of the power to remove the county seat to another place: Newton v. Com-
missioners of Mahoning Co., 26 O. S. 618.
The vote of the people on the question of removal of a county seat must not be clogged with onerous
conditions: State v. Commissioners of Perry Co., 5 O. S. 497; but provisions, in an act submitting such question,
looking to the natural and necessary exigencies of the location of the county seat, are not open to objection:
Noble v. Noble Co., 5 O. S. 524.
Allegations of fraud and illegality in conducting the election on such question, constitute no sufficient
ground for injunction. The proper remedy is by contest: Peck v. Weddell, 17 O. S. 271.
SEC. 831. [When they shall assemble and give notice, etc.; to be
sworn; how to select the site.] The commissioners, or any two of them,
within sixty days after their appointment, shall assemble at some conven-
ient place in that county where the seat of justice is to be established,
giving twenty days' notice, published in some newspaper printed or circulated
in said county, or by having the same posted up in three of the most public
places therein, notifying the inhabitants thereof of the time, place, and purport
of their meeting; and when assembled, after having taken an oath of office,
they shall proceed to examine and select the most proper place as a seat of
justice, as near the center of the county as possible, paying regard to the sit-
uation, extent of population and quality of land, together with the con-
venience and interest of the inhabitants. [29 v. 495, § 3; S. & C. 1387.]
SEC. 832. [Their report; appointment of director: his bond, powers,
and duties.] The commissioners, after having agreed upon the place for the
seat of justice, shall make report thereof to the next court of common pleas, to
be held in said county, if the same has been organized; but if the county has
not been organized, then to the court of common pleas of any county to which
such new county, or any part thereof, is attached for judicial purposes; and if
no town has been previously laid off, at the place agreed on by the commis-
sioners, the court shall appoint a director, who, after giving sufficient security
for the faithful performance of his duties, shall be fully authorized to purchase
the land of the proprietor or proprietors for the use of the county (but in no
case shall he be authorized to give a greater sum per acre than the price stip-
Į
464
§§ 833-838.
SEATS OF JUSTICE OF NEW COUNTIES. Tit. VII, Ch. 4.
ulated by the commissioners who selected the site), and proceed to lay off said
land into lots, streets, and alleys, under such regulations as the court pre-
scribes; and the director shall dispose of said lots, either at public or private
sale, as the court directs, and make a legal conveyance of the same, in fee sim-
ple, to the purchaser; but the lands thus purchased and laid off into lots, shall
not exceed seven hundred acres; and such director shall hold his office for three
years, and until his successor is appointed and qualified. [29 v. 495, § 4; 43 v.
19, § 4; S. & C. 1387; S. & C. 1389.]
This and the next five sections cited in State v. Cincinnati, 52 O. S. 419, 452.
SEC. 833. [Proceeds of sale of lots.] The proceeds of the sale of said
lots, shall, as fast as received, be paid into the county treasury, and applied,
first, to pay the expenses of laying out the lands, and then the purchase money
therefor. [29 v. 495, §5; S. & C. 1387.]
SEC. 834. [Annual report; when money shall be paid over; penalty.]
The director shall, annually, on or before the first Monday of March, file a
written report of the sales made, giving the numbers of the lots sold, the amount
for which each was sold, and the terms of sale, and the amounts collected, and
amounts paid into the county treasury, and he shall pay over to the county
treasurer all moneys collected within thirty days after receiving the same; and
in case he fail to make and file the report as aforesaid he shall be liable to a
penalty of fifty dollars, and in case he fail to make such payment within the
time herein limited, he shall be liable to a penalty of twenty-five per centum
of the amount so withheld, together with interest on the same. [43 v. 19,
§§ 1, 2, 3; 29 v. 495, § 6; S. & C. 1387; S. & C. 1388.]
SEC. 835. [In what cases the commissioners may select another site.]
If the land agreed on by the commissioners can not be purchased at the price
limited, or if a good and legal title, in fee simple, can not be obtained, the com-
missioners shall forthwith select the next most eligible place for the seat of
justice. [29 v. 495, §7; S. & C. 1388.]
SEC. 836. [Bribery of commissioners.] If any commissioner receives
money, or any species of property, as a bribe, either directly or indirectly, in
the execution of his office, he shall, on conviction before any court having
jurisdiction thereof, forfeit and pay a sum not exceeding one thousand nor less
than three hundred dollars, for [the] use of the county, together with costs of
suit. [29 v. 495, § 8; S. & C. 1388.]
SEC. 837. [Their compensation, and how paid; compensation of di-
rector.] Each commissioner, appointed for the purpose of establishing a seat
of justice, shall receive the sum of three dollars for each day he is employed in
discharging the duties required of him by the provisions of this chapter, and
also his actual expenses while engaged therein, to be paid out of the treasury
of the county where said proceedings are returned, and to which the new county
is attached; the amount of which, with the interest thereon, shall be refunded
by the new county, so soon as the same is organized, unless otherwise provided
by law; and each director appointed shall be paid such compensation as the
court of common pleas of the new county allows. [29 v. 495, §9; S. & C. 1388.]
SEC. 838. [Vacancy in his office: how filled.] The courts of common
pleas within this state, when they deem it necessary, when there is a vacancy
in the office of director for any town within this state, occasioned either by
death, removal, resignation, or otherwise, shall appoint for the towns in their
proper counties a director, from time to time, to fill such vacancy, in the same
manner and under the same regulations, as herein before prescribed. [29 v.
495, § 10; S. & C. 1388.]
465
Tit. VIII.
COUNTY COMMISSIONERS.
Ch. i.
SECTION
TITLE VIII. County Officers.
CHAPTER 1. COUNTY COMMISSIONERS.
CHAPTER 2. INFIRMARY DIRECTORS.
CHAPTER 3. BOARD OF CONTROL AND SOLICITOR.
CHAPTER 4. COUNTY AUDITOR.
CHAPTER 5. COUNTY TREASURER; AND HEREIN COUNTY
DEPOSITARIES.
CHAPTER 6. COUNTY REcorder.
CHAPTER 7.
COUNTY SURVEYOR.
CHAPTER 8.
SHERIFF AND CORONER.
CHAPTER 9.
CHAPTER 10.
CLERK OF THE COURT OF COMMON PLEAS.
PROSECUTING ATTORNEY.
CHAPTER 1.
COUNTY COMMISSIONERS.
SECTION
$39. Commissioners; number and term.
840. First term in new county.
841. Term for which vacancy filled.
842. When vacancy filled by election, and when by
appointment.
867.
868.
843. Absence six months of commissioner vacates
864. Location of bridge may be changed.
865. May straighten creeks or water-courses.
866. Petition therefor, and what to contain.
Viewer shall be appointed, and to report.
If report favorable, work shall be advertised
and let.
office.
869.
844. Boud of county commissioners.
Costs and expenses shall be paid out of bridge
fund.
845. General powers and duties; liability for dam-
ages.
CONTRACTS.
846.
Regular sessions, and business thereat.
870.
847. A quorum.
871.
848. Annual organization; president, vacancy.
849. Proceedings shall be public at their office, and
conducted according to parliamentary law.
May purchase land for court-house, etc.
May borrow money for same, or for building,
etc.
872.
Bonds for such loans.
873.
Taxes shall be levied for same.
850. Record of proceedings if correct, signed by com-
missioners; index thereof.
874.
When county auditor shall levy taxes.
875.
Registry and redemption of bonds.
851. When unanimous vote required.
852. Duties of board at September session.
853. Special session, and what may be done thereat.
854. What contracts the auditor is authorized to
make.
876.
Disposal of unexpended balances.
877.
Notice must be given of any intended purchase
or improvement.
878.
When contracts valid.
879.
May appropriate land for court-house, etc.
855. What claims the board may remit or compound.
$56. No commissioner shall be interested in contract.
857. Commissioners authorized to administer oaths.
858. Shall provide for place for holding court.
859. And other public buildings, and safeguards for
county treasury.
880. May sell real estate not needed.
SUPERVISION OF COUNTY OFFICERS' ACCOUNTS.
881.
Report by the prosecuting attorney.
882.
Report by clerk of court of common pleas and
circuit courts.
883.
Clerk to be fined on failure to report or pay over
BRIDGES.
money.
860. Commissioners shall construct and repair
bridges, except, etc.; demand of portion of
bridge tax in Hamilton.Co.
884.
Report by the sheriff.
885.
Report by the treasurer.
886.
Duties of commissioners as to these reports.
861. And also approaches thereto, except.
862. May build bridges near county line.
887.
Penalty for officers failing to report.
888.
$63. Commissioners shall bring suits in certain cases.
Commissioners shall investigate claims of sher-
iffs for services.
31
466
Tit. VIII.
COUNTY COMMISSIONERS.
Ch. 1.
SECTION
MISCELLANEOUS.
889. May require corners to be established.
889a. Duty in respect to appointment of surveyors
and engineers.
889a-(1). Marking of sections or military surveys in
Hamilton Co.; record; expense appor-
tioned to townships.
8896. Ascertain distance between corners of sections
and military surveys in Hamilton Co. and
locate stones; record; expense apportioned
among townships.
890. May execute bonds of indemnity.
891. May receive bequests, etc.
891a. May receive bequests, etc., for construction of
public library; tax for maintaining same.
Erection of monuments.
892.
893. When tax may be levied.
894. How claims against county allowed and paid.
895. Shall subscribe for newspapers.
896. Appeal from decision of county commissioners.
897. Compensation of county commissioners.
897a. Allowance to Hamilton county commissioners
for expenses.
8976. Allowance to Franklin county commissioners
for expenses.
897c. Allowance for expenses of county commis-
sioners.
898. To employ surveyor.
899. Duties of surveyor.
900. Entry on tax-list.
901. Plats or maps shall be made.
902.
Payment for survey, etc.
903. Counties may have surveys, etc., transcribed.
904. Which may be obtained from auditor of state.
905. And kept by recorder of county.
906. May have certain records transcribed.
906a. Recorder of Hamilton Co. to transcribe muti-
lated records.
907. Records affecting real estate, how restored; fees
for, and how paid.
907a. Sales by order of courts; records of, how re-
stored; auditor's deeds not prima facie evi-
dence of ownership.
9076. Lieus, mortgages, etc., how restored; decrees of
court to be recorded.
907c. Titles to real estate, how restored; who to be
made parties defendant.
907d. Costs; how paid.
908. To cause true meridian lines to be established.
909. And a person to make observations.
910. Duty of county surveyors in making surveys,
maps, etc.
911. May appoint person to adjust compass, etc.; to
meridian, fées.
914. May exccute leases of mineral lands.
SECTION
receive devise or bequest; may issue notes
or bonds of county in anticipation of taxes.
929-1. County commissioners and city councils
may appropriate not to exceed six thou-
sand dollars in aid of children's homes.
Commissioners authorized to aid incorpo-
rated children's home, where.
929-3. Contributions for additions, etc.
929-4. Monthly reports.
929-2.
929a. Judge of the common pleas may appoint trus-
tees to take charge of property given to chil-
dren's home; county commissioners may sell
or exchange such property.
930. Trustees of children's homes; superintendent,
matron, etc.
930a.
Advisory board appointed by commissioners;
terms; vacancy; no compensation; duties of
board and officers and employes: excep-
tions.
9306. School teacher; enumeration of school youth;
apportionment of school fund and its appli-
cation; exceptions.
931. Admissions to home.
931a. Separation of child from its pauper mother;
children affected with certain diseases, how
cared for.
931b. Certain children who are eligible to be certified
to home; temporary care of eligible aban-
doned and destitute children.
931c. Unlawful to maintain children in infirma-
ries, except certain cases; county commis-
sioners to make provisions for care of chil-
dren.
931d. Indentured children; duties of visiting board.
932. Power of trustees over children.
932a. Indenture of children.
933. Trustees of children's homes to find suitable
homes for inmates.
933-1. Trustees of children's homes may appoint
visiting agent; may place children în pri-
vate families.
933-2.
Trustees of different counties may unite
under this act.
934. Trustees of children's homes to make quarterly
report to county commissioners, and make
certain contracts; what such estimates shall
specify.
935. County commissioners may purchase or sustain
children's home established by private chari-
ty; may accept funds given for such purpose.
935-1. County commissioners may accept devises,
etc.
935-2. County commissioners accepting devises to
found asylum for orphan children, may
attach a " children's home" to be erected
and supported out of property so devised;
records of superintendent.
912. How persons appointed, paid.
913. Fees of posse comitatus.
915. When expenses of arrest may be paid out of
proceeds of recognizance.
916. Tax may be levied on infirmary farms for con-
structing free turnpikes.
935-3.
935-4.
935-5.
May purchase site, erect buildings, etc.
Court to appoint trustees; their duties, etc.
Appropriations of buildings previously
erected.
917. Shall make report, in writing, to court of com-
mon pleas.
918. County commissioners may offer reward for
apprehension of criminals.
919. Reward for apprehension of horse-thief.
920. County commissioners may pay expenses of
capture and return of felon.
921. Shall break counterfeiting instruments, etc.
922. Shall have court records, etc., transcribed.
822-1. Morgue for Cuyahoga Co. and Cleveland;
coroner's duties.
935-6. Control of the inmates.
935-7. Homes to be sought, children indentured,
etc.
936. District homes; how organized.
936a. Acceptance and use of bequest.
937. Five trustees shall be appointed.
938. Location of district children's home.
939. Trustees may be removed for cause.
940. Commissioners may delegate powers.
941. Power to purchase site, etc., vested in joint
boards.
922-2. Hamilton Co. morgue, appropriation of prop-
erty for.
942.
Cost of home paid by counties according to tax-
able property.
943.
944.
Industrial pursuits may be established.
Commissioners and trustees of townships ad-
joining county, not having a home, may send
children to home.
922-3. Commissioners' duty as to.
ORPHAN ASYLUMS.
923. May receive bequests for orphan asylums.
924. May erect asylums.
925. Shall appoint a board of directors.
926. Directors shall make annual report.
927.
Investments.
928.
When it may be changed into children's home.
CHILDREN'S HOMES.
949.
950.
950-1.
929. County commissioners to submit question of
children's homes to qualified electors; notice
of election; commissioners of adjoining coun-
ties may unite in purchase of site, etc.; may
950-2.
950-3.
945. Children neglected may be sent to home.
946. How such homes supported.
947. Auditors to adjust accounts every six months.
948. Commissioners paid actual expenses.
Same laws apply to county and district homes.
Powers of board of coutrol in certain counties.
Manner in which trustees of children's homes
may assume care of children in certain
counties.
Trustees to be guardians of such children,
and may indenture same.
Agreement of indenture.
467
Tit. VIII.
COUNTY COMMISSIONERS.
Ch. 1.
SECTION
950-4.
950-5.
950-6.
Child's services not assignable; revoking
indenture.
County commissioners may provide, by
taxation, money for children's home.
Commissioners of adjoining county may
make contract with trustees for care of
children.
SECTION
953. Clerk to give bond; his oath, etc.: vacancy in
office of clerk; how filled; clerk's fees.
County auditor not to act as clerk of board.
County auditor shall turn over certain books,
etc., to commissioners.
954.
955.
956.
Plats, surveys, etc., for road improvements shall
be kept in commissioner's office.
950-7.
Trustees to report annually to county com-
missioners.
750-8.
This act to remain in force if grade or class
of city changed.
950-9.
Meigs county children's home.
CUYAHOGA SUPPLIES.
956-1. Cuyahoga county officers to furnish auditor
annual estimates of printing, stationery,
etc., required.
950-10. Board of trustees.
950-11. Superintendent; his compensation; other
employes.
956-2.
956-3.
950-12. Who to be admitted; record to be kept.
950-13. Control of inmates; discharge.
Auditor to advertise for bids; opening of
bids; letting of contracts; bond required.
Auditor to purchase and issue all supplies;
to keep a record thereof; transcript of all
bills to be recorded.
956-4.
950-14. Trustees to find homes for children; record.
950-15. Reports.
950-16.
950-17. Duties of visitors.
Committee of visitors.
HAMILTON COUNTY.
951. Special provisions as to Hamilton county.
952. Organization and proceedings of board of
county commissioners of Hamilton county;
duties; clerk and his duties.
Printing not to be ordered or supplies pur-
chased by other officers.
956-5. Printing of annual reports or statements.
956-6. Bills to be contracted only under this act.
956-7. Auditor to indorse bills.
Duties under depositary acts, see ? (1136-1) et seq.
For "
8
an act to enable certain counties to issue bonds for the repair of turnpike bridges
and culverts" (Logan county), see 78 v. 83.
For "
an act to authorize the commissioners of any county to build a monument or
other memorial to perpetuate the memory of soldiers who served in the union army during
the late rebellion "^(78 v. 116), see 2 (3107—38) et seq.
For "
an act authorizing county commissioners to clean out and keep in repair public
drains and water-courses" (80 v. 203), see ? (4584—1) et seq.
((
For an act authorizing commissioners and trustees of any township to open, enlarge,
etc., sink-hole, fissure," etc. (80 v. 206), see ? (4510-18) et seq.
For "
an act authorizing burial of the body of any honorably discharged ex-union sol-
dier," etc. (81 v. 146), see? (3107-45) et seq.
แ
For an act to regulate the levying of taxes for county road and bridge purposes, and
to create a sinking fund in certain counties" (82 v. 252), see? (2824-2) et seq.
For "
an act to provide for the relief of indigent union soldiers," etc. (83 v. 232), see
(3107-50) et seq.
For "
an act to authorize the commissioners of any county containing a city of the sec-
ond grade of the second class to establish, improve, or straighten county ditches" (84 v. 26),
see ? (4450-1).
For "
an act providing for draining and reclaiming the swamp and overflowed lands
granted to the state of Ohio by an act of congress, approved September 28, 1850" (84 v. 42),
see ? (3107--128).
Debts of agricultural society to be paid by, when, ? (3696-1).
Parol of indigent prisoners if no workhouse, see ? (7349-4) et seq.
For "an act to authorize certain persons to fence up improved roads" (88 v. 194).
For "an act to provide for the location of joint county ditches between counties of
Ohio and those of other bordering states," etc. (84 v. 235), see ? (4510-39) et seq.
As to the application before the county commissioners of unclaimed deposit in banks
(85 v. 65), see ? (3821-89) et seq.
For an act to authorize county commissioners in counties containing a city of the
second grade, first class, to contract for printing," etc. (85 v. 67), see ? (956-1) et seq.
For an act to authorize counties to sell certain stocks" (85 v. 143), see ? (2675—9).
For "
an act to give preference of appointment or employment to honorably discharged
soldiers," etc. (85 v. 149), see ? (3107-48).
For "
an act to provide for the transfer of the custody and control of the Western
Reserve and Maumee state road in trust to the counties through which said road is located,
(85 v. 165).
and to empower the county commissioners to accept the same
For "
an act to require county commissioners in counties containing a city of the third
grade of the first class to provide a depositary for the county money," etc. (85 v. 243), see
(1136-32) et seq.
For "
an act to provide for the enclosure of abandoned burial grounds" (86 v. 52), see
? (1475—1).
For "
an act for the better protection of life and property by requiring county commis-
sioners to erect guard-rails" (86 v. 100), see ? (4941—1) et seq.
As to duties concerning highways along state line (86 v. 199), see ? (4747—1) et seq.
468
Tit. VIII.
COUNTY COMMISSIONERS.
Ch. 1.
As to mode of working out taxes levied for public highways in certain counties (86 v.
218), see ? (4717—1) et seq.
For "an act regulating punishment of persons found guilty of repeated misdemeanors"
(86 v. 261), see ? (6856—1) et seq.
As to the duties under act fixing compensation of officers and their assistants in coun-
ties containing a city of the second grade, first class (1365-1) et seq.
For "an act to authorize county commissioners to procure, by purchase or otherwise,
material for road purposes" (86 v. 338), see ? (4745-1) et seq.
For "an act to provide for additional places to pay taxes in counties containing a city
of the first class, second grade" (86 v. 354), see ? (1084-1) et seq.
As to duties of county commissioners with reference to the compensation of officers in
Hamilton county, and the payment of their expenses, see ? 1341 et seq.
As to duties of county commissioners in establishing election precincts, see 1389
et seq.
For the levy of taxes by county commissioners for various purposes, see ? 2822 et seq.
As to the employment of persons to discover omitted taxes, see ? (1343—1) et seq.
As to appointment of Longview asylum directors, see ? 723.
viewers in the construction of county roads and turnpikes, see the sections
relating to those subjects.
inspector of nuisances, may be appointed by, ? 6920a.
Appoint appraisers of property needed on application of cemetery association, see
? (3586-1).
May issue bonds for repair of levees in Franklin county, see ? 4607.
To allow compensation to probate judge for arranging and preserving certain papers
and pleadings; maximum compensation, see ? (533—2).
To provide a room for holding of circuit court and also consultation room, see ? 454.
May allow actual expenses of board of county visitors not to exceed $50, see 2(633-15).
May levy tax for restoration of condemned bridge; may anticipate collection of same,
see ? 2825.
Duty under act "to authorize township trustees and county commissioners to organize
special road districts," etc., see ? (4757-1) et seq.
Duty under act "to provide for the liquidation of indebtedness of agricultural socie-
ties," see? (3702-1) et seq.
Authorizing construction of free turnpike roads by, see ? (4773-1) et seq.
Itemized account of each infirmary director for services and expenses to be submitted
to county commissioners, see ? 968.
As to improvement of certain unimproved public county roads, see ? (4670—7).
To construct bicycle paths on county highways; licensing bicyclists, see ? (4935—3)
et seq.
As to joint interstate county ditches, see ? (4510-64) et seq.
May levy tax for encouraging agricultural fairs, see ? 37026.
Amount certified by township trustees for relief of needy blind to county commission-
ers who shall make a levy upon respective townships, see ? 1491a.
Reimbursing holders of bonds issued under unconstitutional acts, see ? 2834c.
Application for cleaning out of county ditch; to fix day for hearing of notice of; duties
generally as to same, see ?? 4497, 4498.
County commissioners may insure agricultural or fair ground property belonging to
county, see ? 3705a.
To create court and election funds for Greene county, 93 v. 592.
Duty under act to provide for a transfer of custody and control of part of Western
Reserve and Maumee state road in trust to village of Clyde, see 93 v. 432.
Duty under act creating monument committee in Butler county; tax levy, 93 v. 705.
To authorize and require commissioners of Lucas county to build a jail and residence
in the same for sheriff, etc., 93 v. 465.
Additional levy for county fund of Athens county, 93 v. 458.
Ottawa county may build a court house, 93 v. 658.
Cuyahoga county authorized to acquire a site and erect new county buildings thereon,
see 93 v. 587.
Commissioners of Allen county may levy tax to purchase lands for a cemetery, and
place same in proper condition for burial of deceased union soldiers and sailors, 93 v. 544.
Of Shelby county may make additional levy for county purposes, 93 v. 698.
Duty under act providing for jail matrons in Cuyahoga county, see ?? 7388b, c.
As to power to fill vacancies in office of county auditor, see ? 1017.
county clerk, see 1233.
county coroner, see ? 1207.
county infirmary director, see ₹ 959.
county recorder, see 1142.
county sheriff, see ? 1208.
county surveyor (under certain circumstances), see 1167.
county treasurer, see 21082.
469
Tit. VIII, Ch. 1.
COUNTY COMMISSIONERS.
§§ 839-845.
SEC. 839. [Commissioners: number and term.] The board of county
commissioners consists of three persons, one of whom shall be chosen every
year, and shall hold his office three years, commencing on the third Mon-
day of September next after his election. [91 v. 338; 83 v. 198; Rev. Stat.
1880; 70 v. 53, § 1; (S. & C. 243).]
See ? 1029, as to who ineligible for county auditor.
SEC. 840. [First term in new county.] The commissioners first elected,
in any new county in the state shall hold their office for the term of one, two,
and three years, to be by them determined by lot at their first session
422, § 2; S. & C. 243.]
[51 v.
SEC. 841. [Term to fill vacancy.] When it becomes necessary to elect a
commissioner, to fill a vacancy occasioned by death, resignation, or removal, the
person elected shall hold his office for the unexpired time for which his prede-
cessor was elected; and when, by reason of a vacancy, or vacancies, two or more
persons are to be elected at the same election, the person having the highest
number of votes shall be deemed elected for the longest period, the person hav-
ing the next highest, for the next longest period, and the person having the
third highest, for the shortest period; and in case of tie, the clerk and justices
opening the returns shall determine by lot the persons elected for each period
affected by the tie. [51 v. 422, §§ 3, 4; S. & C. 243.]
Cited Harte v. Bode et al., 4 N. P. 423.
SEC. 842. [When a vacancy shall be filled by election; when by
appointment, and by whom.] When such vacancy occurs more than thirty
days before the annual election, a successor shall be elected thereat; and when
a vacancy happens, whether more than thirty days before the election, or within
that time, and the interests of the county require that the vacancy be filled
before the election, the probate judge, auditor, and recorder of the county, or a
majority of them, shall appoint a commissioner, who shall hold his office until
the successor is elected. [51 v. 422, § 5; S. & C. 244.]
No appointment in anticipation of a vacancy: State v. Thompson, 9 C. C. 161, 167; 2 O. D. 224.
SEC. 843. [Absence six months vacates the office.] The absence of a
commissioner from the county for the period of six months, shall be deemed to
be a resignation of the office. [51 v. 422, § 5; S. & C. 244.]
Cited Reiter v. State, 51 O. S. 74, 79.
SEC. 844. [Bond of county commissioners.] Each commissioner, before
entering upon the discharge of his duties, shall give bond to the state in a
sum not less than five thousand dollars, with two or more good and sufficient
sureties, being approved by the probate judge of the county, which bond shall
be conditioned for the faithful discharge of his official duties, and for the pay-
ment of any loss or damage that the county may sustain by reason of his fail-
ure therein, and with his oath of office endorsed thereon, and the approval
aforesaid, shall be deposited with the treasurer of the county; and such surety
may be discharged in the same manner as already provided for the release of
sureties of guardians in section six thousand two hundred and seventy-three of the
Revised Statutes of Ohio. [1885, April 22: 82 v. 148; Rev. Stat. 1880; 65 v. 78,
§1; 51 v. 422, § 6; (S. & C. 244, 249; S. & S. 86).]
County commissioners, who act in their official capacity in good faith and in the honest discharge of
official duty, can not be held to personally respond in damages: Thomas v. Wilton, 40 O. S. 516.
SEC. 845. [General powers and duties; liability for damages.] The
board of commissioners shall be capable of suing and being sued, pleading
and being impleaded in any court of judicature, and of bringing, maintaining
and defending all suits, either in law or in equity, involving an injury to any
public state or county road, bridge or ditch, drain or watercourse established by
such board in their county, and for the prevention of injury to the same and
any such board of county commissioners shall be liable in their official
capacity for any damages received by reason of the negligence or carelessness
of said commissioners in keeping any such road or bridge in proper repair;
470
§ 846.
COUNTY COMMISSIONERS.
Tit. VIII, Ch. 1.
and to ask, demand and receive, by suit or otherwise, any real estate or interest
therein, whether the same is legal or equitable, belonging to their county, or
any sum or sums of money or other property due to such county, and the
money so recovered in any case shall be by them paid into the treasury of the
county, and they shall take the treasurer's receipt therefor and file the same
with the auditor of the county; and the commissioners are authorized and
empowered in all suits, either in law or equity, brought by or against them
in their official capacity, relating to any of the duties required by law to be
performed by them, to employ counsel, not exceeding two, to prosecute or
defend in any such case or cases, and to allow and pay such counsel out of the
county treasury, reasonable fees for such services performed by them, but the
fees so paid to such counsel shall not exceed in the aggregate the sum of two
hundred and fifty dollars in any one case; and the provisions of this section
shall not apply to any county in which there is a county solicitor or a board
of control having a solicitor; but the commissioners shall not employ or pay
an attorney, except as herein provided and as provided in section 1274. [91 v.
142; 78 v. 120, 121; Rev. Stat. 1880; 74 v. 133, §7; (S. & S. 89; S. & C. 244).]
As to powers of courts of limited and inferior jurisdiction, see notes to decisions under
@ 582.
For an act to confer power upon county commissioners to receive bequests," etc.
(84 v. 211), see ? (20-1).
To sue for injury to road, bridge, ditch, etc., see ?863.
Under the act of March 5, 1831 (3 Chase 1799), the commissioners could not maintain an action against
persons who carelessly or willfully destroyed roads or bridges: Commissioners of Gallia Co. v. Holcomb, 7
O. (1 pt.) 232; but they could sue for money due the county: State v. Piatt, 15 0. 15.
They can not sue on a contract they are unauthorized to make: Commissioners of Delaware Co. v.
Andrews, 18 O. S. 49; State v. Commissioners of Franklin Co., 21 O. S. 648.
They are not liable, in their official capacity, to an action for damages for injury resulting to a private
party by their negligence in the discharge of their official functions: Commissioners of Hamilton Co. v.
Mighels, 7 O. S. 109 (overruling Commissioners of Brown Co. v. Butt, 2 O. 348), and the act of March 30, 1868
(51 v. 422), did not affect their liability in this respect: Grimwood v. Commissioners of Summit Co., 23 O. S. 600.
A claim against a county, created by statute, and to be paid upon allowance by the commissioners, if
allowed in part, can not be sued for, but the remedy is by appeal if the party is dissatisfied: Shepard v. Com-
missioners of. Darke Co., 8 O. S. 354.
The liability of a county treasurer, incurred by his embezzlement, is sufficient consideration for the
assignment of a banker's certificate of deposit to the county, in reimbursement; and the county auditor's
warrant for its payment into the treasury is neither a condition nor muniment of title, and the want of it will
not affect the validity of the transaction: Shanklin v. Commissioners of Madison Co., 21 O. S. 575.
When one board of commissioners lease a lot, the next can be compelled to execute agreement. Exe-
cuting the agreement is not an official duty, and subject to mandamus, but a contract right. A corporation is
but an artificial person, and has the same capacity to buy and sell real estate: Reynolds v. Stark Co., 5 O. 204.
A lot was conveyed to commissioners for court-house purposes, with provision that it revert if use
changed, but the grantor afterwards released his reversion: Held, that the lot belonged to county for general
purposes, and could be sold: Reynolds v. Stark Co., 5 O. 204; Carder v. Fayette Co., 16 O. S. 353.
Board of commissioners is a quasi corporation, and is invested with some of the features of corporate
existence; powers granted must be strictly construed: Treadwell v. Hancock Co., 11 O. S. 183; Commissioners
v. Andrews, 18 O. S. 64.
We do not find among the powers conferred or duties imposed upon county commissioners any thing
that would authorize them to purchase railroad bonds with the county funds, or to loan the credit or money
of the county to aid railroad corporations to build their roads, however desirable it may be to do so: Com-
missioners v. Andrews, 18 O. S. 64, 65.
The proceedings of the board are in many respects those of a court of special and inferior jurisdiction:
Lima v. McBride, 34 O. S. 349.
The capacity of the county commissioners to sue is not limited to the cases enumerated in this section:
Board of Commissioners of Hamilton Co. v. Noyes, 35 O. S. 201.
Where work has been done on account of the county, under an agreement with the commissioners, and
has been accepted and paid for, no action lies at the suit of the commissioners, in the absence of fraud or
mistake, to recover back the money thus paid: Ib.
County commissioners, who act in their official capacity in good faith and in the honest discharge of
official duty, can not be held to personally respond in damages: Thomas v. Wilton, 40 O. S. 516.
Action to recover money illegally received by county com. barred in 6 years after accruing of cause of
action: Com. v. McClure, 6 O. D. 338.
May maintain an action under this section to recover moneys illegally drawn by county commissioners,
although approved and allowed by the proper officers; 2 894 and 897: Com. v. Easton, 6 O. D. 333.
While the county com. represent the county in its financial matters, so far as given by statute, they can
only pass upon legal claims against the county: Jones v. Com., 57 O. S. 189. See note to same case under 1077.
Where the School Board fails to elect a superintendent, an appointment of one by the county commis-
sioners under 2 3969 is legal: State ex rel v. Bd. of Ed., 3 N. P. 236; 4 O. D. 329.
The liability for non-repair of roads and bridges extends to the approaches to a bridge: Billings v. Dress-
ler, 5 N. P. 114.
The exception of counties having a solicitor relates only to the employment of counsel, hence the sec-
tion is not void as being a local law on a general subject: Billings v. Dressler, 5 N. P. 114.
They may sue for and recover money illegally paid by their own allowance: Jones v. Commissioners, 5
O. D. 152; 11 Č. C. 136; (aff'g 1 N. P. 279), aff'd in 57 O. S. 189.
SEC. 846. [Regular sessions.] There shall be four regular sessions of
the commissioners each year, in their office at the county seat, commencing,
respectively, on the first Monday of March, June, September, and December,
471
Tit. VIII, Ch. 1.
COUNTY COMMISSIONERS.
SS 847-850.
at each of which meetings they shall transact such business as is required of
them by law. [51 v. 422, §8; S. & C. 245.]
SEC. 847. [A majority of the board a quorum.] A majority of the
board shall constitute a quorum at any of its meetings, regular or special.
[51 v.522 (422), § 9; S. & C. 245.]
In Cuyahoga county, office, books, quorum, clerk, journal, and duties of the board, see
90 L. L. 93; ?? 3, 4 and 5 amended 93 v. 674.
SEC. 848. [Annual organization; president; vacancy.] The board
of county commissioners shall organize annually on the third Monday of
September, and the commissioner whose term first expires shall be the presi-
dent of the board and shall preside at all regular and special sessions of the
board. If the position of president should become vacant during the year the
board shall select one of its members to preside. [92 v. 10; 89 v. 220; 70 v.
35, § 1.]
Cited Franklin county v. Ranck, 9 C. C. 301, 307; 2 O. D. 269.
Who shall be president of the board of county commissioners: State ex rel. v. Hueston, 44 O. S. 8.
SEC. 849. [Proceedings shall be public and according to parliamen-
tary law.] All the proceedings of the board shall be public, at the office of the
auditor, or the usual office of the commissioners, and not elsewhere, and its
proceedings shall, as far as possible, be in conformity with the rules of parlia-
mentary law. [70 v. 35, § 1.]
SEC. 850. [Record of proceedings; signing if correct; index thereof..]
The clerk shall keep a full and complete record of the proceedings of the
board, and a general index thereof, in a suitable book provided for that purpose,
entering every motion with the name of the person making the same on the
record, and he shall call and record the yeas and nays on every motion which
involves the levying of taxes or the ap[pro]priation or payment of money;
he shall state fully and clearly in the record any question relating to the power
and duties of the board which is raised for its consideration by any person
having an interest therein, together with the decision upon the same, and
shall call and record the yeas and nays by which said decision was arrived at;
and shall record, when requested by the parties interested in the proceedings,
or by either of them, or by their counsel, any legal propositions decided by the
board, together with the decisions thereon and the votes by which the decision
was reached; and if either party, in person or by counsel, except to said deci-
sion, the clerk of the board shall record such exceptions in connection with the
record of the decision. Immediately upon the opening of each day's session
of the board, the complete records of the proceedings of the session of the pre-
vious day shall be read by the clerk and, if the same be found correct, ap-
proved and signed by the commissioners. The record book of the board of.
county commissioners shall be kept, when the board is not in session, in the
auditor's office, and open to public inspection at all proper times; it shall be
duly certified by the president and clerk, and shall be received as evidence
in every court in the state; and in counties where no index has been made of
such record, the commissioners thereof are hereby authorized to cause an index
to be made of such past records for such period of time subsequent to the first
day of January, A. D. 1880, as the judgment of the county commissioners
may determine; and the clerk shall receive for indexing, provided for in this
section, such compensation as is provided for like services in other cases. [87
v. 20; 82 v. 203; 80 v. 113, 114; Rev. Stat. 1880; 70 v. 35, § 2.]
As to what must be in the record: see Nearing v. Toledo Electric Street Railway, 9 C. C. 596, 597; 3 0.
D. 516.
It is not competent to introduce parol evidence to show that the record of the commissioners was unau-
thorized by them; Beebe v. Scheidt, 13 O. S. 406; but as to conclusiveness of their record, quære: see Hays v.
Jones, 27 O. S. 218, and Lima v. McBride, 34 O. S. 338. See note to Jones v. Commissioners, 57 O. S. 189, under
¿ 1077.
As to who shall be clerk: see Jones v. Commissioners, 5 0. D. 152; 11 C. C. 136; aff'd 57 O. S. 189: cited
at @ 1021
472
$$ 851-856.
COUNTY COMMISSIONERS.
Tit. VIII, Ch. 1.
SEC. 851. [Rule as to expenditures.] No proposition of any character,
involving an expenditure of one thousand dollars or upwards, shall be agreed to
by the board, unless the period of twenty days has elapsed since the introduc-
tion of the proposition, except by the unanimous consent of all the members
present of the board, and such consent shall be taken by yeas and nays, and
entered on the record. [70 v. 35, § 3.]
Cited in State ex rel. v. Commissioners, 3 C. C. 403.
SEC. 852. [Their duties at September session.] At the September
session, the commissioners shall examine and compare the accounts and vouch-
ers of the county auditor and treasurer, count the funds in the treasury, and
direct the auditor to publish an exhibit of the receipts and expenditures for
the past year. [57 v. 7, § 10; S. & C. 245.]
The law confers upon the auditor, and not upon the county commissioners, the power and authority to
select the newspapers in which the exhibit is to be published: State ex rel. v. Holmes, Auditor, 44 O. S. 489.
SEC. 853. [Special sessions may be held as often as necessary.]
Special sessions may be held as often as the commissioners deem the same
necessary, and, at any regular or special session, they may make any necessary
order or contract in relation to the building, furnishing, or repairing the pub-
lic buildings or bridges, or for insuring the same, or employment of janitors,
the improvement or inclosure of public grounds, the maintenance or support
of idiots or lunatics, or the expenditure of any fund, or provide for the recon-
struction or repair of any bridges destroyed by fire, flood, or other means, and
do any other official act not, by law, restricted to some particular regular ses-
sion. [51 v. 422, § 11; S. & C. 245.]
The commissioners are, by law, required to furnish buildings and everything necessary to be used or
employed in the public administration of justice, and they are chargeable with the cost of a press for the
seal of the court: Trumbull Co. v. Hutchins, 11 O. 368.
In a contract for building a court-house, an agreement by the commissioners that they would superin-
tend the work, or their appointment of a superintending agent and his approval of the work, does not dis-
pense with the obligation of the contractor as to the manner of executing the work: Greene v. Licking Co.,
8 0.310.
Whether an absolute necessity for a janitor is required to authorize an appointment: see Franklin
county v. Ranck, 9 C. C. 301, 302; 2 O. D. 269.
School property in Columbus can be conveyed for park purposes, ? (3903—1).
SEC. 854. [Board may authorize auditor to make certain contracts.]
The board may authorize the auditor to contract for the making of such repairs
or improvements on the public buildings, and public grounds, or furniture, as
it deems proper, but in no one instance at an expense exceeding fifty dollars.
[51 v. 422, § 12; S. & C. 246.]
SEC. 855. [Board may release or compound for fines, etc.] The board
shall have power to compound for or release, in whole or in part, any debt,
judgment, fine or amercement due to the county, and for the use thereof,
except in case where it, or either of its members, is personally interested; and
when the commissioners compound for or release, in whole or in part, any
debt, judgment, fine, or amercement, they shall enter upon their journal a
statement of the facts in the case, and the reasons that governed them in mak-
1ng such release or composition. [51
[51 v. 422, § 13; S. & C. 246.]
·
A fine payable in a state case is not capable of being compounded or released by the county commis-
sioners, although payable into the county treasury: In re Moore, 14 C. C. 241; 70. D. 575.
SEC. 856. [No commissioner shall be interested in contracts.] No
commissioner shall, directly or indirectly, be concerned in any contract for
work to be done, or material to be furnished, for the county, under the penalty
of not exceeding two thousand nor less than two hundred dollars, to be recov-
ered by a civil action in the name of the state for the use of the county; and
such commissioner shall, moreover, forfeit any compensation he was to receive
on such contract, any thing in the same to the contrary notwithstanding.
[51 v. 422, § 14; S. & C. 246.]
No contract, appropriation, etc., unless money is in treasury and set apart and so cer-
tified, see 28346.
473
Tit. VIII, Ch. 1.
COUNTY COMMISSIONERS.
$$ 857-860.
SEC. 857. [Shall administer oaths, etc.] The commissioners, or either
of them, may administer all oaths necessary in discharging the duties of their
office. [51 v. 422, §15; S. & C. 246.]
SEC. 858. [Shall provide a place for holding courts.] Until proper
buildings are erected at the place fixed on, for the permanent seat of justice in
any county, the commissioners shall provide some suitable place for holding
the courts of the county. [51 v. 422, §16; S. & C. 246.]
The right to determine when a court-house, jail, and public offices shall be erected, is vested in the com-
missioners. They must provide these buildings, but they need not be buildings erected expressly for the
purpose. A lawful discretion, vested in an individual, officer, or corporation, can not be destroyed, or limited,
by mandamus: Ex parte Black, 1 O. S. 30. See, also, State v. Commissioners of Henry Co., 31 O. S. 211.
SEC. 859. [Commissioners shall provide public buildings, and vaults,
safes, etc., for county treasury.] A court-house, jail, offices for the county
officers, and an infirmary, shall be provided by the commissioners, when, in
their judgment, the same, or any of them, are needed, and they shall be of such
style, dimensions, and expense, as the commissioners determine; and they are
required to provide all such rooms, and fire and burglar proof vaults and safes,
and other means of security in the office of the county treasurer, as are necessary
for the perfect protection of the public moneys and property therein. [56 v.
160, §27; 55 v. 44, §2; 29 v. 315, §§ 1, 2, 3, 7, 8; S. & C. 1228; S. & C. 1604;
S. & C. 1606.]
Cited as showing that the care of the county treasury is not of local but of general regulation: State v.
Ellet, 47 O. S. 90, 96.
Commissioners are required to furnish buildings and every thing necessary to administer justice; must
furnish seals for clerks of court, and can be sued when they fail to do so: Trumbull Co. v. Hutchins, 11 O). 368.
County recorder has no power to appoint a janitor for his office: that power is conferred upon the county
commissioners by 2 1002: Deters v. Hamilton Co., 1 C. C. 295.
Jail in Adams county, act for construction of and bonds, see 91 v. 486.
Ottawa county may build a courthouse, 93 v. 658.
Lucas county may build a jail, etc., 93 v. 465.
Cuyahoga Co. authorized to acquire a site and erect new county buildings, see 93 v. 587.
BRIDGES.
Local act for a county bridge is void: State v. Davis, 55 O. S. 15.
SEC. 860. [Commissioners shall construct and repair bridges, except,
etc.; demand of portion of bridge tax in Hamilton Co.] The commis-
sioners shall construct and keep in repair all necessary bridges over streams
and public canals on all state and county roads, free turnpikes, improved
roads, abandoned turnpikes and plank roads in common public use, except
only such bridges as are wholly in such cities and villages having by law the
right to demand, and do demand and receive part of the bridge fund levied
upon property within the same; and when they do not demand and receive
said portion of bridge tax the commissioners shall construct and keep in repair
all bridges in such cities and villages. Provided, that in all cases, except
counties containing a city of the first grade of the first class, the granting of
the demand, made by any city or village for its portion of the bridge tax, shall
be optional with the said board of commissioners. [91 v. 19; 83 v. 29; Rev.
Stat. 1880; 69 v. 61, § 1; 36 v. 51, § 1; (S. & C. 193).]
See ? 863.
The county commissioners can not maintain an action to recover damages for injury to a bridge, con-
structed by them in a municipal corporation, under authority conferred by a special act: such municipal cor-
poration being one that is entitled to demand and receive a portion of the bridge fund, and such special act
conferring no further power upon the county commissioners than that of constructing the bridge: County
Commissioners v. Railway Co., 45 O. 8. 401.
Section 4938 is part of the general duty imposed by this section, and they and 2640 are to be construed
together: State v. Comm'rs, 49 O. S. 301, 304.
"}
The county commissioners may maintain an action against a canal boat itself where it has negligently
injured a county turn bridge: Steam Canal Boat Tempest v. Com., 13 C. C. 263; 7 O. D. 137.
as used in 23 863 and 5880 includes the board of county commissioners: Id.
Commissioners are not required to make or repair bridges in a city having a right to part of the bridge
fund at Cincinnati: State v. Cincinnati, 4 O. D. 368; 4 N. P. 313.
The word "person
See note to State ex rel. v. Cin., 4 N. P. 313; 4 O. D. 368, under 2 2640.
See note to State ex rel. v. County Com., 4 N. P. 343; 6 O. D. 225, under ? 2824.
Section 860 must yield to 2824, because of its later passage: Id.
Highway bridges as well as highways are general subjects and local laws as to them are unconstitu-
tional: State r. Davis, 55 O. S. 15.
As to liability of municipality for injury caused by defect in bridge within corporate limits: see note
to Mooney, Adm'r v. St. Mary's, 15 C. C. 446, under ĝ 2640.
474
$$ 861-863.
COUNTY COMMISSIONERS.
The act passed 1883, March 15 (80 v. 58), contained the following two sections:
"DEFIANCE COUNTY.
Tit. VIII, Ch. 1.
"SEC. 1. [Additional levy shall be made in certain counties for road and bridge purposes.] That it shall be
the duty of the commissioners in each of the counties of the state having a population at the last federal
census of twenty-two thousand five hundred and fifteen, or which shall hereafter at any subsequent federal
census have a population of twenty-two thousand five hundred and fifteen, to annually, at their March
session, make a levy, not to exceed three mills on each dollar of valuation on all the taxable property in such
counties for road and bridge purposes; and that in such counties it shall be the duty of the commissioners
to construct and keep in repair all necessary bridges over streams and public canals on all state and county
roads, free turnpikes, and improved roads in common public use.
SEC. 2. That so much of sections 860, 2824 and 4938 of the Revised Statutes of Ohio, as conflicts with this
act, is hereby superseded and declared to be wholly inoperative in the counties described in this act."
This act differed from the act of which it was amendatory (80 v. 21), in changing the population required
from twenty-two thousand five hundred and eighteen (22,518), to twenty-two thousand five hundred and
fifteen (22,515).
Columbiana county may levy to repair bridges, 93 v. 572.
Stark county may build foot bridge, 93 v. 631.
Ashtabula county may build bridge, 93 v. 566.
Montgomery county may build bridge, 93 v. 641.
Auglaize county may build bridge, 93 v. 494.
Adams county may build bridge, 93 v. 534.
Wood county may build bridges, 93 v. 548.
Cuyahoga county may build bridge, 93 v. 554, also 93 v. 692.
SEC. 861. [The approaches to such bridges shall be made by the
commissioners, except, etc.] The commissioners shall also construct and
keep in repair, approaches or ways to all bridges named in the preceding sec-
tion, except as therein excepted, and also, except that when the cost of the
construction or repair of the approaches or way to any such bridge does not
exceed fifty dollars, such construction or repair shall be done by the township
trustees. [73 v. 32, § 1.]
See 4940.
Ottawa county—power given to construct approaches to county bridges half a mile
back, 88 v. 530.
SEC. 862. [Commissioners of two or more counties may build bridges
near county line, and keep them in repair jointly.] When it becomes neces-
sary for the public convenience, to bridge any stream of water which is on or
near the lines of two or more counties, which counties are traversed by, or lie
on or near the road or roads on which such bridge is needed, the commissioners
of such counties interested, may build, or authorize the building of, such bridge,
jointly, to be paid for, with the approaches thereto, in proportion as the com-
missioners agree; and the expense of keeping such bridge in repair, shall be
paid by the counties interested, in the same proportion as the expense of build-
ing such bridge was paid by said counties. [73 v. 200, § 1; (S. & C. 247).]
If a bridge on or near the line of two counties be built by one of the counties without the concurrence
of the other, no right of action for contribution arises in favor of the county expending the money: Lake
Co. v. Ashtabula Co., 24 O. S. 393.
SEC. 863. [Commissioners shall bring suits in certain cases for inju-
ries to bridges, roads, and buildings.] Where a bridge or [on] any state or
county road, or any public building, the property of or under the control or
supervision of any county, is injured or destroyed, or when any state or
county road or public highway has been injured or impaired by placing or
continuing therein, without lawful authority, any obstruction, or by the
changing of the line, filling up or digging out of the bed thereof, or in any
manner rendering the same less convenient or useful than it had been pre-
viously, by any person or corporation, such person or corporation shall be sub-
ject to an action for damages; and the board of commissioners of the proper
county is authorized to sue for and recover of such person or corporation so
causing or having caused such injury or impairment, such damages as have
accrued by reason thereof, or such as are necessary to remove the obstruction
or repair the injury; but in case the county commissioners shall neglect, fail
or refuse to bring such action for ten days after being petitioned so to do by at
least ten owners of property adjoining such county road or living within one
mile of such bridge or public building, then any one or more of such owners
of property shall have the right and are hereby authorized to bring suit in the
name of the prosecuting attorney of the county in which such property is
475
Tit. VIII, Ch. 1.
COUNTY COMMISSIONERS.
§§ 864-866.
situated, and recover of such person or corporation so causing or having caused
such injury or impairment, such damages as have accrued by reason thereof,
or such as are necessary to remove the obstruction or repair the injury; and
the money so recovered shall, when so collected by the proper officer, be paid
into the treasury of the proper county and shall be appropriated by the com-
missioners thereof in repairing such bridge, building or road, or removing such
obstruction, as the case may be, or to reimburse the county for expenditures in
that behalf; the court may, in case of a recovery, make such order as is deemed
necessary to repair the injury or remove the obstruction complained of; and
the statute of limitations shall not run in favor of any person or corporation
committing any acts, injuries or obstructions concerning any such road or
public highway. [89 v. 349; 70 v. 53, § 17; (S. & C. 246).]
See 860, and 2845.
Before power was expressly conferred on the commissioners to bring the actions named, it was held that
they could not bring an action for the careless or willful destruction of roads or bridges: Commissioners of
Gallia Co. v. Holcomb, 7 O. (1 pt.) 232; but otherwise since the passage of the law embodied in the above sec-
tion: Little M. R. R. Co. v. Green Co., 31 O. S. 338. The action was sustained in Comm'rs v. Citizens' Electric
Ry., 9 C. C. 183, 185; 2 O. D. 609.
The fact that some of the commissioners see the obstructions placed in the highway, but make no objec-
tions, does not estop the board of commissioners from bringing suit against the parties so obstructing the
highway: Railroad Co. v. Commissioners, 35 O. S. 7.
The law embodied in this section applies as well to obstructions existing in a public highway at the
time of its enactment (March 7, 1873) (70 v. 53, 217) as to those subsequently placed therein: Railroad Co. v.
Commissioners, 35 O. S. 1.
Where an obstruction has been placed in a public highway, the measure of damages in an action
brought under this section is ordinarily the cost of removing the obstruction and restoring the highway to
its former condition: Ib.
Where an obstruction is created in a state or county road, and the corporate limits of a municipal cor-
poration are extended over a part of the road so obstructed, the county commissioners can not maintain an
action for the obstruction of that part of the highway which is within the limits of the corporation: Ib.
The remedy given to county commissioners for the obstruction of a county road is cumulative, and does
not affect the right of the state to maintain an action: State ex rel. v. Railroad Co., 36 O. S. 434.
See notes to ? 3284.
Where a railroad company obstructs the highway without authority, 17 of the act establishing boards
of county commissioners, as amended March 7, 1873 (70 v. 53), affords an adequate remedy: Commissioners v.
Railroad Co., 37 O. S. 207.
Where a bridge located in a village is destroyed, the right of action for the injury is in the county com-
missioners: Perry Co. v. Railroad Co., 43 O. S. 452.
The statute of limitations does not begin to run until the bridge has been restored: Ib.
See note to 860: County Commissioners v. Railway Co., 45 O. S. 401.
"
The county commissioners may maintain an action against a canal boat itself where it has negligently
injured a county turn bridge: Steam Canal Boat Tempest v. Com., 13 C. C. 263; 7 O. D. 137.
The word "person as used by this section and 2 5880 includes the board of county com.: Id.
Commissioners may recover damages to a road by an unauthorized extension of a street railroad: R. R.
v. Commissioners, 56 O. S. 1.
SEC. 864. [A bridge to replace one destroyed may be located else-
where.] In rebuilding a bridge destroyed or injured by flood or fire, the com-
missioners may select a new site for the bridge; but before the change is made,
or any contract for that purpose entered into, the commissioners shall give at
least twenty days' notice of the time when the question of change will be con-
sidered, and on the hearing, all persons interested may present their views and
wishes to the board, either by petition, remonstrance, or orally. [62 v. 188,
§§ 1 2; S. & S. 91.]
SEC. 865. [Authority for straightening creeks or water-courses.]
The commissioners may cause any creek or water-course to be straightened or
cleaned out for the protection of any bridge or road within their control.
[72 v. 64, § 1.]
They may cut the channel across a county road and cover the approach to the permanent bridge by a
temporary approach: Billings v. Dressler, 5 N. P. 114.
the
SEC. 866. [Petition shall be first filed therefor, and what it shall con-
tain.] Before the commissioners proceed to straighten or clean out any creek or
water-course, there must be filed with the county auditor of such county a peti-
tion, signed by one or more tax-payers of the county, setting forth the benefits
to be derived from straightening or cleaning out said creek or water-course,
starting point and terminus, with a description of said creek or water-course.
and an estimate of costs to be incurred to complete the work, and the auditor
shall, at the next regular or called meeting of the commissioners, notify them
of the filing of the petition. [72 v. 64, §2.]
476
S$ 867-871.
COUNTY COMMISSIONERS.
Tit. VIII, Ch. 1.
SEC. 867. [Viewer shall be appointed, who shall report.] The com-
missioners upon receiving said petition shall forthwith appoint a competent
engineer, resident of the county, who shall go upon the line of said creek or
water-course, and examine the same carefully, and make his report to the
county auditor in writing, stating whether he deems the straightening or clean-
ing out of said creek or water-course, will be beneficial for the protection of
any bridge, state, or county road, or other road in control of the commission-
ers, and if so an estimate of the amount of money required to perform the
same. [72 v. 64, § 3.]
SEC. 868. [If report favorable, work shall be advertised and let to
the lowest bidder, who shall give bond.] At the first regular session after
receiving the report, if it recommends the straightening or cleaning out of such
creek or water-course, and the commissioners deem the same advisable, they
shall advertise the letting of the work at least twenty days, and let the same
to the lowest responsible bidder, taking from him a bond in a sum fixed by
them, payable to the state, with good sureties, for the performance of the work
in a proper manner, and within a time therein named; but no bid shall be
accepted that exceeds the estimated cost in such report; and the commission-
ers may reject all bids. [72 v. 64, § 4.]
SEC. 869. [Costs and expenses shall be paid out of bridge fund.]
All costs of letting the work, and the expense of the work, and other expenses
in this behalf, shall be paid out of the bridge fund of the county, when the
work is accepted and approved by the commissioners, and they direct the pay-
ment. [72 v. 64, §5.]
CONTRACTS.
SEC. 870. [Commissioners may purchase land for court-house, jail,
or infirmary.] The commissioners may, when, in their opinion, it is neces-
sary, purchase a site for a court-house or jail, or land for an infirmary, at such
price and upon such terms of payment as are agreed upon between them and
the owner or owners of such property; and the title of such real estate shall be
conveyed to the county in fee simple. [66 v. 52, §1.]
A county can take real estate by devise, and if the devise is made to the county by name, without limit-
ing the uses, it vests in the board for the use of the county: Carder v. Commissioners of Fayette Co., 16 0. S.
353.
SEC. 871. [May borrow money for same, or for building or improving
memorial hall, court-house, jail, infirmary, or bridge, or for poor, etc.]
The commissioners, for the execution of the objects stated in the preceding
section, or for the purpose of erecting or acquiring any building in memory of
Ohio soldiers, court-house, buildings for county offices, jail, county infirmary,
or any necessary buildings, or bridge, or for the purpose of enlarging, repair-
ing, improving or rebuilding any such building or bridge, or for the relief or
support of the poor, may borrow such sum or sums of money as they deem
necessary, at a rate of interest not to exceed six per cent. per annum, and
issue the bonds of the county to secure the payment of the principal and in-
terest thereof; such interest shall be paid semi-annually, at the county treas-
ury, and the principal shall be paid at such treasury, at such time as the com-
missioners prescribe, within twenty years from the date of such indebtedness;
the interest on all the bonds issued for any of said purposes, shall become due
and payable at the same time, and the first payment of interest on any such
bond shall be for such portion of the six months as has elapsed between the
date of its issue and the time specified therein for the first payment of interest
thereafter; provided, that in the case of bridges over streams on abandoned
turnpikes, the provision of section 2825 of the Řevised Statutes shall not apply.
[93 v. 372; 92 v. 342; 92 v. 6; 66 v. 52, § 2; 62 v. 92, § 1; S. & S. 536.]
The Commissioners cannot, under the guise of repairing, build a new court house: State ex rel v. Com.,
5 N. P. 260.
That the Commissioners have declared it to be "repairing, improving and enlarging" is not conclusive
on the court: Id. See note to same case under 2 2825.
477
Tit. VIII, Ch. 1.
COUNTY COMMISSIONERS.
§§ 872-876.
As to sale of public bonds by county commissioners, see "an act providing for the
sale of public bonds" (80 v. 68), § 22b.
SEC. 872. [Bonds for such loans.] The bonds so issued may be used
to refund any bonds outstanding, which were issued for the purpose of pur-
chasing the lands or erecting the buildings so acquired by the commissioners,
and shall be signed by the commissioners, or any two of them, and counter-
signed by the auditor, with or without coupons attached, in sums not less
than fifty nor more than one thousand dollars each, payable to bearer at the
county treasury, with interest, as aforesaid, at such times, not exceeding twenty
years after date, as the commissioners prescribe, and such bonds shall specify
distinctly the object for which they were issued. [92 v. 343; 92 v. 7; 66 v.
52, §3.]
SEC. 873. [Taxes shall be levied for same.] The commissioners shall,
annually, at their June session, levy such amount of taxes as will pay the in-
terest on such indebtedness, and at least one-twentieth of the principal; but
where such indebtedness is created by the purchase of lands, the erection, re-
pair, alteration, or improvement of a building or buildings for an infirmary,
the property of any city which supports the poor thereof at its own expense
exclusively, shall not be taxed for such purpose. [92 v. 7; 66 v. 52, § 4.]
SEC. 874. [When county auditor shall levy taxes.] If the commission-
ers refuse or neglect to levy such tax regularly, as herein provided, the county
auditor shall levy said tax upon the taxable property of the county, and place
the same upon the tax list; and all the taxes levied and collected under the
provisions of this chapter, shall be applied to the specific objects for which they
are levied, and no others. [66 v. 52, §5.]
SEC. 875. [Registry and redemption of bonds.] All bonds issued shall
be correctly numbered in the order in which they are issued, and registered by
the county auditor in a book by him to be provided and kept in his office,
and all warrants drawn upon the treasurer for the payment of the principal
and interest on such bonds, shall specify the fund on which they are drawn;
and the auditor shall, upon delivering to the holder of any such bond a war-
rant upon the treasurer for the redemption of the same, receive such bond and
forthwith write across the face of the same, in red ink, the word "Redeemed,"
with the proper date, and sign his name thereto; the treasurer, upon receiving
such warrant, which contains the number of the bond for the redemption of
which the same is drawn, shall proceed forthwith to the office of the auditor,
and there, in the presence of the auditor, write in red ink across the registry
of such bond the word "Redeemed," with the proper date, and sign his name
thereto, when the auditor shall deliver to him the original bond, for which he
shall be credited in his semi-annual settlements with the auditor and commis-
sioners. [66 v. 52, § 6.]
For registration of county bonds, see ? (2711-20).
As to sale of public bonds by county commissioners, see "an act providing for the
sale of public bonds" (80 v. 68), ? 226.
SEC. 876. [Disposal of unexpended balances.] The county commis
sioners shall have power to transfer any unexpended balances of any funds,
raised for the purpose of erecting public buildings, remaining in the treasury
of their respective counties, to any other fund, or to any other purpose for
which money is needed by such county; and in case there is a fund in such
treasury that has been levied and collected for a special purpose, and such fund,
or a part thereof, will not be needed for such purpose until after the time fixed
by law for the next payment of taxes, and any of the other funds of the county
are exhausted, the commissioners may transfer such special fund, or such part.
thereof as is needed, temporarily, to such other fund as is exhausted, and
reimburse such special fund out of the taxes levied for such other fund, as
soon as the same are collected. [66 v. 52. § 16.]
478
S$ 877-881.
COUNTY COMMISSIONERS.
Tit. VIII, Ch. 1.
SEC. 877. [Notice must be given of any intended purchase or improve-
ment.] Before the county commissioners purchase any lands, or erect any
building or bridge, the expense of which exceeds one thousand dollars, they shall
publish and circulate handbills, and publish in one or more newspapers of the
county, notice of their intention to make such purchase, erect such building or
bridge, and the location of the same, for at least four consecutive weeks prior
to the time that such purchase, building, or location is made; and they shall
hear all petitions for, and remonstrances against, such proposed purchase, loca-
tion, or improvement. [68 v. 103, § 19; 63 v. 32, § 2; S. & S. 86; (S. & C. 250).]
All contracts that the commissioners are authorized to make are not embraced in this section: Commis-
sioners v. Noyes, 35 O. S. 208.
The provisions of 877, Revised Statutes, requiring county commissioners to publish notice of their
intention to purchase any land or erect any building, do not apply to proceedings under ? 929 et seq., for the
purchase of lands for a children's home: State ex rel. Mannix v. Auditor, 43 O. S. 312.
SEC. 878. [When contracts valid.] It shall be essential to the validity
of every contract entered into by the county commissioners, or order made by
them, that the same has been assented to at a regular or special session thereof,
and entered in the minutes of their proceedings by the auditor. [53 v. 153,
§ 4; S. & C. 250.]
Cited Nearing v. Toledo Electric Street Railway, 9 C. C. 596, 598: 3 O. D. 516.
This provision is intended for the protection of the county from liability on its contracts, unless evidenced
or authenticated in the mode prescribed; but where such contract has been fully performed on the part of
the county, the other party to the contract can not resist performance on his part on the ground that it was
not so entered. By accepting performance by the commissioners, the other party to the contract is precluded
from raising the question: Commissioners v. Railroad, 37 O. S. 205.
A county having accepted and enjoyed the benefits under a contract, must pay for them as it agreed to do.
It is estopped from setting up its omission to make the entry. Athens Co. v. Railroad Co., 37 O. S. 205,
approved and followed: Wilder v. Commissioners, 41, O. S. 602.
When the commissioners of a county have, in conformity with the requirement of 929, Revised Statutes,
formally accepted a proposition for the sale and conveyance of lands for the erection of a children's home,
accepted a duly executed deed therefor, delivered the same to the recorder, taken possession of the land and
ordered the county auditor to draw his warrant, they have no power, in the absence of fraud, imposition or
failure of consideration, to rescind such order and direct the auditor to withhold his warrant: State ex rel. v.
Auditor, 43 O. S. 312. McIlvaine, C. J. and Johnson, J. dissented.
SEC. 879. [Commissioners may appropriate land for court-house, jail,
public offices, bridges or other lawful structure.] When in the opinion of
the commissioners it is necessary to procure real estate, or the right of way, or
easement for a court-house, jail, or public offices, or for any bridge and the ap-
proaches thereto, or other lawful structure, and they and the owner or owners
thereof are unable to agree upon its purchase and sale, or the amount of dam-
ages to be awarded, the commissioners may appropriate the same, and for this
purpose they shall cause an accurate survey and description of the parcel of
land needed for such purpose, to be made, or in case of a bridge of the right of
way and easement required, and shall file the same with the probate judge of
the county, and thereupon the same proceeding shall be had, which are pro-
vided for the appropriation of private property by municipal corporations.
[93 v. 407; 65 v. 106, §1; S. & S. 90.]
For "an act to empower county commissioners to appropriate private property to build
morgue" (81 v. 91), see (922--2) et seq.
2
For "an act to provide for the appropriation of private property for children's homes
in certain counties"-Ross county (77 v. 279).
SEC. 880. [They may sell real estate not needed.] When, in their
opinion, the interests of the county require it, the commissioners may sell any
real estate belonging to the county, and not needed for public use. [64 v. 56,
§ 1; S. & S. 89; (S. & C. 249).]
Real estate vested absolutely in the commissioners, for public purposes, may be disposed of by them in
the same manner as individuals can dispose of their property: Reynolds v. Commissioners of Stark Co., 50. 204.
SUPERVISION OF COUNTY OFFICERS' ACCOUNTS.
SEC. 881. [Report to the county commissioners by the prosecuting
attorney.] The prosecuting attorney of each county in the state shall report
479
Tit. VIII, Ch. 1.
COUNTY COMMISSIONERS.
§§ 882-888.
to the county commissioners, annually, on the first Monday of September, a
certified statement of the number of criminal prosecutions pursued to final
conviction and sentence, and under his official care, during the year next pre-
ceding the time of making such statement, naming the party or parties to each,
and the amount of fine assessed by the court in each case, and also the number
of recognizances forfeited during the same period, and the amonnt collected ir,
each case. 158 v. 58 (66), § 1; S. & S. 90; (S. & C. 248).]
SEC. 882. [Report by clerk of common pleas and circuit courts.]
The clerk of the common pleas and circuit courts, in each county, shall report
to the county commissioners, on the first Monday in September, annually, a
certified statement of the amount of fines assessed by the court in criminal
cases during the year next preceding the time of making such statement, and
also the amount of fines collected during the same period, naming the party or
parties to each case, together with the statement of the amount of funds paid
by him, pursuant to law, into the county treasury, naming the source or sources
from which said funds were derived. [1889, April 11: 86 v. 239; Rev. Stat.
1880; 58 v. 58, §2; (S. & S. 90; S. & C. 248).]
SEC. 883. [Fine shall be recovered of clerk on his failure to report
or pay over money, and his removal from office.] If the clerk fail to
make the report required by the preceding section, or fail to pay over to the
treasurer, moneys which he is by law required to pay over, he shall forfeit and
pay not less than three hundred dollars, nor more than five hundred dollars,
to be recovered in a civil action in the name of the board of commissioners;
and in case of such recovery the court of common pleas shall, on com-
plaint of the commissioners for that purpose filed, remove such clerk from
office. [68 v. 83, § 7.]
SEC. 884. [Report by the sheriff.] The sheriff of each county shall
report to the county commissioners on the first Monday in September, annu-
ally, a certified statement of all fines and costs in criminal prosecutions col-
lected by him, on execution or otherwise, during the year next preceding the
time of making such statement, and the amount of fines and costs so collected
and paid over to the clerk of the court of common pleas, or to the county
treasurer. [58 v. 70, § 3; S. & S. 91.]
SEC. 885. [Report of treasurer.] The treasurer of each county shall,
at the time of making his annual settlement with the county commissioners,
furnish a certified statement of all moneys received by him, during the year
next preceding the time of making such statement, as fees, or for official serv-
ices, designating the several sources and the amount from each. [48 v. 66, § 4;
S. & C. 248.1
SEC. 886. [Duties of commissioners as to these reports.] The com-
missioners shall compare the reports and statements made to them, as afore-
said, and take all necessary measures to rectify any errors therein, and to trace
and correct any discrepancies between them, and shall place on their journal
the result of such examination; and all said reports shall be recorded by the
auditor in a book kept specially for that purpose. [48 v. 66, §5; S. & C. 248.]
SEC. 887. [Penalty for prosecuting attorney, sheriff, or treasurer for
failing to report.] If the prosecuting attorney, sheriff, or treasurer, fail to
make said reports at the time and in the manner specified, the officer so failing
shall forfeit and pay not less than fifty dollars, nor more than one hundred
dollars, to be recovered in a civil action in the name of the commissioners.
[48 v. 66, § 6; S. & C. 249.]
SEC. 888. [Commissioners shall investigate claims of sheriffs for
services.] The commissioners, before making any payment to the sheriff of
moneys claimed by him for official services rendered for the county, shall make
a full examination and adjustment of the account of the sheriff to the date of
480
§§ 889-889a.
COUNTY COMMISSIONERS.
Tit. VIII, Ch. 1.
such settlement, showing the amount of money in his hands belonging to such
county, or with which he is chargeable at such date, and shall pay over to him
only the balance, if any, that is found due such sheriff on such settlement and
adjustment, after deducting all moneys found to be in his hands, or with
which he is chargeable. [68 v. 79, § 1.]
MISCELLANEOUS.
SEC. 889. [The commissioners to require corners to be established.]
When the commissioners consider that the public good requires it, they shall
authorize and require the county surveyor to ascertain, by actual survey and
evidence, the corners of each or any of the originally surveyed townships in
said county, and there place, or cause to be placed, perpendicularly in the
ground, a stone post, not less than ten inches in diameter, nor less than three
feet long: the commissioners shall furnish the posts, and all expenses in this
behalf shall be paid out of the county treasury. [69 v. 80, §§ 1, 2.]
SEC. 889a. [Duty in respect to appointment of surveyors and engi-
neers.] In counties containing a city of the third grade of the first class, in
all cases where the county commissioners are directed or authorized by law to
employ a surveyor or engineer, and in all cases where the services of a sur-
veyor or engineer are required in such counties, and the county commissioners
have the power to appoint such surveyor or engineer, they shall in all cases
appoint the county surveyor of such county, or, in case of his inability to act,
some competent person in his stead, to do and perform such services, and such
surveyor or person so selected shall be subject to all the conditions and restric-
tions required by law for the work entered upon, and shall receive like com-
pensation as now authorized by law to be given such surveyor or engineer for
similar services. [1887, March 5: 84 v. 46.]
There are two sections numbered 889a.
SEC. 889a—(1). [Marking of sections or military surveys in Hamilton
county; record; expense apportioned to townships.] When the county
surveyor in any county containing a city of the first grade of the first class
considers that the public good requires it, he shall ascertain the corners of each
and every section in each township, or of each military survey, in the county,
by actual evidence and survey, in the manner now provided by law for the
establishment of corners where interested persons apply therefor; and he shall
place, or cause to be placed, at each of such corners, perpendicularly in the
ground, a stone post not less than six inches square on the top and not less
than three feet in length; and for each corner he shall also place, or cause to
be placed, in like manner, two witness stones of like dimensions. He shall
make and preserve a complete record of testimony taken by him, and of all
his proceedings in said matter, accurately setting forth the courses, distances
and positions of corner and witness stones. The board of county commission-
ers shall, however, have full and final authority to fix the cost of said stones
and all expenses and fees in said matter and to order payment thereof, accord-
ingly, out of the county treasury as said work progresses, and said costs, ex-
penses and fees shall conform as nearly as possible to payment now authorized
by law for similar services; but the county surveyor shall apportion said cost,
expenses, and fees to each township, and report the same to the board of
county commissioners at least once each year until the completion of said work.
And said board shall thereupon notify the trustees of townships and trustees
and councils of municipal corporations of the amount so apportioned to each
township or corporation; and said trustees or council shall, thereupon, out of
the funds under their control, pay into the treasury of the county, the sum
thus apportioned to such township or corporation, and should there not be
sufficient funds on hand available for such purpose the said trustees or council
shall levy such tax, at the next annual levý of taxes, upon the taxable prop-
erty of such township or corporation, as may be necessary to pay the same.
[88 v. 335.]
481
Tit. VIII, Ch. 1.
COUNTY COMMISSIONERS.
§§ 8896-892.
SEC. 889b. [Ascertain distance between corners of sections and mili-
tary surveys in Hamilton Co., and locate stones; record; expense appor-
tioned among townships.] When the county surveyor in any county con-
taining a city of the first grade of the first class, considers that the public good
requires it, he shall ascertain by actual measurement and survey, the distance
between the section corners of each and every section in each township, and
the distance between the corners of each military survey in the county; and
he shall locate accurately all stones set for the section line or military survey
line between the corners, both as to distance from the section or military sur-
vey corners, and also as to the variation from the straight line between said
corners. He shall make and preserve a complete record of all work done, in
a book provided for this purpose. The board of county commissioners shall,
however, have full and final authority to fix the fees and expenses in said
matter, and to order payment thereof, accordingly, out of the county treasury.
as said work progresses; but the county surveyor shall apportion said expense
and fees to each township, and report the same to the board of county com
missioners at least once each year until the completion of said work; and san
board shall thereupon notify the trustees of townships and trustees and coun
cils of municipal corporations, of the amount so apportioned to each township
or corporation, and said trustees or council shall thereupon, out of the funds
under their control, pay into the treasury of the county the sum thus appor-
tioned to such township or corporation; and should there not be sufficient
funds on hand available for such purpose, the said trustees or council shall
levy such tax at the next annual levy of taxes, upon the taxable property
of said township or corporation, as may be necessary to pay the same. [90 v.
311.]
SEC. 890. [The commissioners may execute bonds of indemnity.] If
any county is the owner of any securities of the United States, or any other
securities, and they have been lost, destroyed, or stolen, the commissioners, if
necessary for the procuring of duplicates of such securities, or for the recovery
of the amount thereof, may execute and deliver on behalf of the county a
bond or bonds of indemnity to the United States, or other person, or body cor-
porate, or municipality bound to pay such securities, fully to indemnify them
against all loss or liability for or on account of the securities so lost, destroyed,
or stolen. [69 v. 69, §§ 1, 2.]
SEC. 891. [Commissioners may receive bequests, etc.] The commis-
sioners may receive bequests, donations, and gifts, for the purpose of erecting a
monument within their county, in memory of those who died or were killed
during the war of eighteen hundred and sixty-one. [68 v. 70, §1.]
Other bequests, see 220 et seq., 2923.
SEC. 891a. [Commissioners may receive bequests, etc., for construc-
tion of county library; tax for maintaining library.] The commissioners
may receive a bequest, donation or gift of a building, or property wherewith
to construct a building, for a county public library in the county seat of the
county, and may enter into an agreement on behalf of the county to provide
and maintain a public library therein. Any county accepting such bequest,
donation or gift shall be bound to faithfully carry out the agreement so made
to provide and maintain such library. The commissioners of any such county
are hereby authorized, at their March or June session each year, to levy a tax
of not exceeding a half mill on each dollar of taxable property of such county,
and the fund derived from such levy shall constitute a special fund to be
known as library fund, and shall be used for no purpose other than is con-
templated in this section. [93 v. 355.]
SEC. 892. [Erection of monuments.] When, in the opinion of the
commissioners, the bequests, donations, or gifts received by them are sufficient
to erect such monument, as aforesaid, they may have the same erected. [68 v.
70, $2.1
32
482
§§ 893-896.
COUNTY COMMISSIONERS.
Tit. VIII, Ch. 1.
SEC. 893. [When tax may be levied.] In case there is not a sufficient
amount raised by donations, bequests, or gifts for the purpose aforesaid, the
commissioners may submit to the qualified voters of their county, at the spring
or fall election, by giving thirty days' public notice by advertisement, in one
or more newspapers of general circulation in said county, at least thirty days
previous to said election, the question, whether a tax, not to exceed one-half
mill on the dollar, shall be levied upon the taxable property of the county for
the purpose aforesaid, specifying in such notice the amount proposed to be
raised by such levy, and if it appear that a majority of all the votes cast were
in favor of said levy, then the commissioners shall proceed, without delay, to
make the levy and erect said monument. [68 v. 70, §3.]
SEC. 894. [How claims against county allowed and paid.] No claims
against the county shall be paid otherwise than upon the allowance of the
county commissioners, upon the warrant of the county auditor, except in
those cases in which the amount due is fixed by law, or is authorized to be'
fixed by some other person or tribunal, in which cases the same shall be paid
upon the warrant of the county auditor, upon the proper certificate of the
person or tribunal allowing the same; but no public money shall be disbursed
by the county commissioners, or any of them, but the same shall be disbursed
by the county treasurer, upon the warrant of the county auditor, specifying
the name of the party entitled to the same, on what account, and upon whose
allowance, if not fixed by law. [53 v. 153, § 9; S. & C. 251; (S. & C. 98).]
Where work has been done on account of the county, under an agreement with the commissiouers, and
has been accepted and paid for, no action lies at the suit of the commissioners, in the absence of fraud or
mistake, to recover back the money thus paid: Commissioners v. Noyes, 35 O. S. 201.
Sections 894, 4461, 4471, authorize the payment of money out of the_county_ treasury as compensation
for lands taken for a county ditch, within the meaning of 219 of the Bill of Rights, which ordains that
"when private property shall be taken for public use, a compensation therefor shall first be made in
money, or first secured by deposit of money:" "Zimmerman v. Canfield et al., 42 O. S. 463.
Before the accounts of a county commissioner shall be allowed by the board of county commissioners,
it shall be certified to by the prosecuting attorney and approved by the probate judge: Commissioners v,
Easton, 6 O. D. 333.
Cited: In re claims of N. G. Holliday, 13 C. C. 673; 3 O. D. 619.
Also see note to same case under 2 1155.
An auditor's claim for compensation must be allowed hereunder before he can draw his warrant there-
for: Ridenour v. State, 7 O. D. 481; 14 C. C. 393.
In case of disallowance he must appeal to the the court of common pleas: Id.
The act of the commissioners in allowing the claim is a judicial act and no recovery can be had against
the officer and his bondsmen, because the charges were illegal or excessive, unless the record of allowance is
impeached for fraud or collusion: Id.
"Claim" means one based on a statute or otherwise authorized, and one not supported by law cannot be
considered at all: Jones v. Com., 57 O. S. 189, 214.
If illegally allowed and paid, the commissioners may recover it back by suit: Jones v. Com., 5 0. D.
152; 11 C. C. 136; aff'd 57 O. S. 189.
SEC. 895. [Shall subscribe for newspapers.] The commissioners shall
subscribe for one copy of the leading newspapers of each political party,
printed and published in their county, and cause the same to be bound and
filed in the auditor's office, as public archives, for the gratuitous inspection of
the citizens of such county. [48 v. 65, §1; S. & C. 248.]
SEC. 896. [Appeal from decision of county commissioners.] If a per-
son is aggrieved by the decision of the county commissioners in any case, such
person may, within fifteen days thereafter, appeal to the next court of com-
mon pleas, notifying the commissioners of such appeal at least ten days
before the time of trial, which notice shall be in writing, and delivered person-
ally to the commissioners, or left with the auditor of the county, and the court
shall, at their next session hear and determine the same, which decision shall
be final. [51 v. 422, § 18; S. & C. 247.]
See 26 of "
an act to require a public record of the names and amounts due unknown
depositors of banks," etc. (85 v. 65), ? (3821–94).
Appeals from decisions of county commissioners are allowed only in cases founded upon claims and
demands against the county in its quasi corporate capacity: Bowersox v. Commissioners of Seneca Co., 20
O. S. 496; Fisher v. Commissioners of Logan Co., Ib.; Southard v. Commissioners of Lucas Co., 27 O. S. 649;
Commissioners of Clermont Co. v. Robb, 5 O. 490.
Appeal lies from the decision of the commissioners on a claim against the county, and this is the only
remedy: Shephard v. Commissioners of Darke Co., 8 O. S. 354; State v. Commissioners of Hamilton Co., 26
O. S. 364.
483
Tit. VIII, Ch. 1.
COUNTY COMMISSIONERS.
$ 897.
Where the duty is ministerial, and in no way involves judicial discretion, the remedy is by mandamus:
the common pleas court has no jurisdiction by appeal in such a case: Commissioners v. Hunt, 33 O. S. 176.
Where a claim against a county, which must be allowed by the commissioners before it can be paid, is
founded exclusively on a statute, the remedy, by appeal, provided by this section, is exclusive; but where such
a claim is founded on a contract, which the commissioners are authorized to make, and they refuse to per-
form such contract, or disallow the claim, the remedy, by appeal and summary proceedings, provided for by
said section, is cumulative merely, and the claimant is entitled to have his action thereon against the county
by due course of law, in any court of competent jurisdiction: Commissioners of Belmont Co. v. Ziegelhofer,
38 0. S. 523.
Quære: Whether the proceeding by appeal, under the statute, is a summary remedy without pleadings,
issue or jury: Ib. 523–526.
A petition in error to review the decision of the court of common pleas, rendered in a case appealed ·
from the board of county commissioners, under 896 of Revised Statutês, can be maintained: Mannix v.
Commissioners of Hamilton Co., 43 O. S. 210; Clermont Co. v. Robb, W. 48.
The provisions of this section are not applicable to cases of property taken under 2 4715: Hendershot v.
State, 44 0. S. 208.
No appeal lies from the final allowance made by the commissioners for services rendered by an attorney
appointed by court to assist in the prosecution of a criminal case: Commissioners v. Osborn et al., 46
O. S. 271.
In such case, pleadings are not authorized by the statute; a petition being filed, a general demurrer was
properly sustained: Stewart v. Logan Co., 2 C. C. 134.
The court must allow or disallow the claim; a final judgment having been rendered against the claim-
ant, it will be presumed that the court disallowed the claim: Ib.
See note to Ridenour et al. v. State, 14 C. C. 393; 7 O. D. 481, under 2 894.
See note to Moody et al. v. George et al., Supreme court without report, 37 W. L. B. 189, under 2 4462.
SEC. 897. [Compensation of county commissioners; exceptions as to
Cuyahoga, Hamilton, Lucas, Montgomery, Franklin, Defiance; additional
allowances in other counties than above.] Each county commissioner shall
be allowed three dollars for each day that he is employed in his official duties,
and five cents per mile for his necessary travel, for each regular or called ses-
sion, not exceeding one session each month, or twelve in any one year, and
five cents per mile when traveling within their respective counties on official
business, to be paid out of the county treasury on the warrant of the county
auditor, except in counties [in] which by the federal census of 1880, the pop-
ulation amounted to one hundred and ninety-five thousand or upwards, and
in counties in which by said federal census of 1880 the population amounted
to not more than seventy-nine thousand nor less than sixty-seven thousand,
in which counties such commissioners shall be entitled to receive a salary at
the rate of ($2,000) two thousand dollars per annum, and counties having
by said federal census of 1880 a population of eighty-six thousand seven
hundred and ninety-seven and no more shall have a salary at the rate of
twelve hundred dollars per annum each, and necessary traveling expenses
when traveling outside of the county on official business, and in all counties
which by the federal census of 1890, had, or which at any subsequent federal
census may have a population of not less than (25,700) twenty-five thousand
seven hundred nor more than (25,800) twenty-five thousand and eight hun-
dred, each county commissioner on and after January first, 1894, shall receive
a salary af one thousand dollars per annum, payable in equal monthly instal-
ments out of the county treasury, upon the warrant of the county auditor
and in all such last mentioned counties, viz. : Counties having at the federal
census of 1890 or at any subsequent federal census a population of not less
than twenty-five thousand and seven hundred nor more than twenty-five
thousand and eight hundred, each county commissioner shall devote his entire.
time to the duties of his office, and shall receive nothing in addition to the
salary so provided, either directly or indirectly, by way of mileage, per diem,
expenses paid out or otherwise, except when necessary to go out of their re-
spective counties on official business, each commissioner may in addition to
such salary receive his actual traveling expenses, and no more, which shall
before being paid be presented in an itemized account, and approved in writing.
by the prosecuting attorney and probate judge. Each commissioner in all
other counties except those having by the federal census of 1880 a population
of one hundred and ninety-five thousand or upwards, and those having by said
federal census a population of eighty-six thousand seven hundred and ninety
seven and no more, and those having by the federal census of 1890 a popula-
tion of not less than twenty-five thousand and seven hundred, nor more than
twenty-five thousand and eight hundred, or which may at any subsequent
federal census have such population, for his services, when necessarily engaged
484
$$ 897a-897c.
COUNTY COMMISSIONERS.
Tit. VIII, Ch. 1.
in attending to the business of the county pertaining to his office under the
direction of the board, and when necessary to travel on official business out of
his county, shall be allowed in addition to his compensation and mileage as
herein before provided, any other reasonable and necessary expenses actually
paid in the discharge of his official duty, and each commissioner shall present
an itemized statement of his account for per diem, mileage, services and ex-
pense as aforesaid, which before it is allowed by a full board shall be certified
to by the prosecuting attorney of the county, and approved by the probate
judge thereof. [90 v. 258; 83 v. 71; 82 v. 246; 79 v. 139; Rev. Stat. 1880; 72
v. 169, § 1; (S. & C. 647; S. & C. 251; S. & S. 85).]
((
For an act relating to the duties and compensation of certain county officers and
their assistants in counties containing a city of the second grade of the first class,” see
(1365—1) et seq.
See note to Com. v. Easton, 6 O. D. 333, under 894.
SEC. 897a. [Allowance to Hamilton county commissioners for ex-
penses.] In counties in which, by the last federal census, the population
amounted to two hundred and fifty thousand, or upwards, each commissioner
shall be allowed for expenses incurred by said commissioner, in the proper dis-
charge of his duties within said county, the sum of ($1,000) one thousand dol-
lars per annum. Said sum to be paid out of the county treasury on the warrant
of the county auditor. [1888, March 8: 85 v.76.]
This act, in so far as it applies to persons already in office is void: State ex rel. v. Raine, 49 O. S. 580.
SEC. 897b. [Allowance to Franklin county commissioners for ex-
penses.] In counties which contain a city of the first grade of the second
class, each commissioner shall be allowed for expenses incurred by said com-
missioner in the proper discharge of his duties within said county, the sum
of eight hundred dollars ($800) per annum, said sum to be paid out of the
county treasury on the warrant of the county auditor. [89 v. 57; 85 v. 266.]
SEC. 897c. [Allowance for expenses of county commissioners.] In
counties which contain a city of the first class, second grade, each commissioner
shall be allowed for expenses incurred by said commissioner, in the proper dis-
charge of his duties within said county, the sum of five hundred dollars ($500)
per annum, said sum to be paid out of the county treasury on the warrant of
the county auditor. [92 v. 433; 86 v. 346.]
The following acts being merely local are not inserted in full although given section
numbers by the legislature, and are arranged chronologically by reason of the confusion
and duplication in the numbering.
2 897d. For allowance to Darke county comm'rs for salary and expenses, see 90 v. 206.
897e. For allowance to Henry county commissioners for expenses, see 91 v. 152.
2897g. For allowance to Licking county commissioners for expenses, see 91 v. 179.
897j. For allowance to Fulton county commissioners for expenses, see 91 v. 183.
2 897h. For allowance to Columbiana county commissioners for expenses, see 91 v. 189
2 897k. For allowance to Seneca county commissioners for expenses, see 91 v. 200.
897f. For allowance to Wyandot county commissioners for expenses, see 91 v. 203,
? 897m. For allowance to Huron and Erie county comm'rs for expenses, see 91 v. 209
897m. For allowance to Knox county commissioners for expenses, see 91 v. 227.
Ž 8970. For allowance to Tuscarawas county comm'rs for expenses, see 91 v. 227; 91 v. 430.
Ž 897m. For allowance to Delaware county commissioners for salary, see 91 v. 384.
897p. For allowance to Pickaway county commissioners for expenses, see 92 v. 5.
8979. For allowance to Butler county commissioners for expenses, see 92 v. 75.
8977. For allowance to Williams county commissioners for expenses, see 92 v. 105.
897t. For allowance to Muskingum county commissioners for expenses, see 92 v. 117.
2897u. For allowance to Stark county commissioners for expenses, see 92 v. 122.
2897v. For allowance to Miami county commissioners for expenses, see 92 v. 139.
3897w. For allowance to Coshocton county commissioners for expenses, see 92 v. 140.
897.x. For allowance to Monroe county commissioners for expenses, see 92 v. 141.
2897v. For allowance to Logan county commissioners for expenses, see 92 v. 143.
897w. For allowance to Allen county commissioners for expenses, see 92 v. 171.
2897. For allowance to Fairfield county commissioners for expenses, see 92 v. 199.
485
Tit. VIII, Ch. 1.
COUNTY COMMISSIONERS.
§§ 898-904.
? (897-1). For allowance to Ross county commissioners for expenses, see 92 v. 273;
Repealed 93 v. 556; salary of county commissioners of Ross county, 93 v. 556.
2897aa. For allowance to Guernsey county commissioners for expenses, see 92 v. 274.
2897-2. For allowance to Warren county commissioners for expenses, see 92 v. 295.
2897a. For allowance to Highland county commissioners for expenses, see 92 v. 327.
897-3. For allowance to Auglaize county commissioners for expenses, see 92 v. 407.
897-1. For allowance to Paulding county commissioners for salary, see 92 v. 417.
2897-2. For allowance to Sandusky county commissioners for expenses, see 92 v. 418.
2897-2. For allowance to Ashland county commissioners for expenses, see 92 v. 427.
SEC. 898. [Commissioners to employ surveyor.] The commissioners
of any county which is composed, in whole or in part, of Virginia military
lands, when, in their opinion, the public interest requires it, may contract with
the county surveyor, or any other competent surveyor, to survey and plat all
or any part of the Virginia military lands within such county. [69 v. 110, §1.]
SEC. 899. [Duties of surveyor.] The county commissioners, when any
such survey and platting are ordered or contracted for, shall require the sur-
veyor to survey and plat not less than one entire original survey of such lands,
giving the boundary lines of such survey, and the boundary lines of each tract,
lot, or parcel of land other than town lots, within such survey, entering upon
each tract, lot, or parcel of land the name of the owner thereof, the number of
acres contained therein, and also numbering them in consecutive order, com-
mencing with number "one" in each original survey, and continuing the
series of consecutive numbers throughout such survey. [69 v. 110, § 2.]
SEC. 900. [Entry on tax-list.] After such survey and platting have
been made, the county auditor shall enter upon the tax-list, opposite the name
of each owner of a tract, lot, or parcel of land, the number of such tract as
the same appears upon said plat, so that the description of such lands shall
appear upon the tax-list as subdivision number- of original survey number—
and when such tract, lot, parcel, or subdivision of land is thereafter divided
into smaller subdivisions or tracts, the county auditor shall continue the same
series of consecutive numbers, both on the plat and tax-list, applying the next
higher number to the new subdivision so made: the county auditor shall also,
when such new subdivision is made, draw the boundary lines thereof upon
said plat or map, in a different color from the boundary lines originally made
thereon by the surveyor. [69 v. 110, §3.]
Cited Myers v. Atkins, 8 C. C. 228, 233; 1 O. D. 467.
SEC. 901. [Plats or maps shall be made.] The county commissioners
shall require the surveyor employed by them, to make such plats or maps of
original surveys in a form suitable for preservation, and the same shall be filed
and kept in the office of the county auditor; and the commissioners of any
such county are authorized to procure from the original records of Virginia
military lands, a copy of all original surveys made from the years 1852 to
1857, inclusive, and to pay for the same out of the county funds. [69 v. 110,
§4.]
SEC. 902. [Payment for survey, etc.] When such survey and platting
have been completed, the county commissioners shall order the county auditor
to issue his warrant on the county treasurer, in favor of such surveyor for the
amount agreed upon in the contract. [69 v. 110, §5.]
SEC. 903. [Counties may have surveys, etc., transcribed.] The com-
missioners of any county may procure, when they deem proper, the necessary
books, and to contract with any person or persons, for transcribing and record-
ing therein any or all of the entries and surveys of any or all tracts of land in
the Virginia military district, in whole or in part, in said county, including
accurate plats thereof. [48 v. 69, § 1; S. & C. 555.]
SEC. 904. [Which may be obtained from auditor of state.] Said
entries, surveys, and plats may be copied from the entries, surveys, and plats
in the office of the auditor of state, and when so made and transcribed shall
be carefully compared by the auditor, or some clerk in his office, who shall
certify in said book, at the end of the record, that the entries, surveys, and plats
486
§§ 905-907.
COUNTY COMMISSIONERS.
Tit. VIII, Ch. 1.
are truly taken and copied from the books of entries, surveys, and plats of land
in the Virginia military district, in the office; which certificate shall be under
the seal of office of the auditor of state. [48 v. 69, § 2; S. & C. 555.]
SEC. 905. [And kept by recorder of county.] The book or books con-
taining the entries, surveys, and plats, aforesaid, shall be deposited and remain
in the office of the recorder of the proper county. [48 v. 69, § 3; S. & C. 556.]
SEC. 906. [May have certain records transcribed.] The county com-
missioners shall, when they deem the same necessary, have any of the records
or books in the office of the county auditor, county recorder, or county sur-
veyor, transcribed into other books, by the officers having charge thereof, and
pay them therefor six cents per hundred words; and the records and books so
made shall have the same force and be as valid in law as evidence, as the
records and books from which the same were taken. [49 v. 107, § 1; 73 v. 243,
§§ 1, 2; S. & C. 1282.]
SEC. 906a. [Recorder of Hamilton county to transcribe mutilated
records.] Whenever any of the records or books in the office of the county
recorder in any county containing a city of the first grade of the first class,
have, by reason of age, ordinary wear and tear or constant use, become torn,
mutilated or defaced so as to seriously affect or threaten the credibility of such
records or books, it shall be the duty of the recorder of said county to have
such torn, mutilated or defaced records or books transcribed into other books,
which transcribing shall be paid for at the same rate prescribed in section 906
for transcribing records and books in the offices of county auditor, county
recorder and county surveyor; and the records and books so made shall have
the same force and effect and be as valid in law as evidence as the records and
books from which the same were taken. The amounts due for the work of
such transcribing shall be certified by the recorder of said county to the audi-
tor of said county, who shall thereupon draw his warrant on the treasurer of
said county in payment of the same, payable out of the county fund. [90
v. 206.]
SEC. 907. [Records affecting real estate, how restored; fees for, and
how paid.] Whenever any of the records of any county are destroyed in whole
or in part, any map, plat, deed, conveyance, mortgage, power of attorney, or
other instrument in writing, or record in any proceeding authorized by law to
be recorded, which affects real estate in the county, or the continuing rights of
parties to such record, and of which the originals, or exemplifications of the
same have been recorded, such originals or exemplifications, or certified copies
of the former record, may be recorded in the proper office therefor; and in
re-recording the same, the officer shall record the certificate of the previous
record with date of filing for record appearing on the original or certified cer-
tificate so recorded, which shall be taken and held as the date of the recording
of the instrument to which it is attached; and copies of records herein author-
ized to be made, duly certified, shall have the same force and effect as evidence,
as certified copies of the original record; and when any of the instruments or
records aforesaid shall be presented to the county recorder or other officer, the
proper custodian of such records, he shall forthwith record and index the same
in accordance with the law for the original recording; and some competent
person shall compare such record with the instrument so recorded, and if the
same has been correctly recorded, he shall certify on the margin of the page
upon which such record has been made the correctness of the same; and such
recording officer shall receive compensation for recording any map or plat
aforesaid, not exceeding six lines, fifty cents, and for each additional line two
cents; and for any recording and indexing aforesaid, other than said map or
plat, at the rate of not more than five cents for every hundred words, said com-
pensation to be paid out of the county treasury upon the allowance of the
county commissioners; provided, that no bill for services under this section
shall be allowed by the county commissioners until they are first duly satis-
487
Tit. VIII, Ch. 1.
COUNTY COMMISSIONERS.
$$ 907a-907b.
fied that such services have been rendered and the charges therefor are not in
excess of the rates herein provided. [1884, April 12; 81 v. 159, 162; 77 v. 113;
77 v. 5; Rev. Stat. 1880; 76 v. 152, §§ 1, 2]
See % (609-1).
Making and keeping up indexes of land records in Cuyahoga Co., see ? (11536) et seq.
Purchase by Hamilton Co. of copies or abstracts of records of recorder's office, see
? (5339g).
SEC. 907a. [Sales by order of courts and their records, how re-
stored; auditor's deeds not prima facie evidence of ownership.] That
in all cases where real estate has been sold by a sheriff, executor, adminis-
trator, guardian, assignee, receiver, trustee, master commissioner, special master
commissioner, or other person appointed or authorized by the court, and the
record of the action in which such sale has been made, or the papers or ac-
count filed by an executor, or his successor, of a will authorizing a sale of real
estate, is lost or destroyed by fire, riot, or civil commotion, the deed of such
property made by said sheriff, executor, administrator, guardian, assignee, re-
ceiver, trustee, master commissioner, special master commissioner, or other
person appointed or authorized by the court, shall be prima facie evidence of
the legality and regularity of such sale, and of the correctness of the proceed-
ings in the action or proceeding wherin said property has been sold; but the
deeds made by the auditor of any county of lands sold at delinquent or for-
feited tax sales shall not be prima facie evidence of title in the purchaser of
such lands, and no presumption shall be indulged in favor of such tax deeds
or sales when the records of the sale and the proceedings upon which the sale
was based have been lost or destroyed by fire, riot, or civil commotion. [89 v.
357; 81 v. 159, 163.]
See ? (609—1).
!
SEC. 907b. [Liens, mortgages, etc., how restored; decrees of court
to be recorded.] That whenever the record and entry of any judgment or the
record of any mechanic's lien, mortgage or other incumbrance or lien upon
property is lost, or destroyed by fire, riot or civil commotion, and the original
documents or instruments or certified copies thereof cannot be found, the
judgment creditor or his assignee and the person holding or entitled to the
said mechanic's lien, mortgage, or other incumbrance, or lien on property, may,
as to such judgments, begin a proceeding in the court wherein the same was
rendered, and as to mortgages, mechanic's liens, or other incumbrances or liens,
begin a proceeding in any court having jurisdiction over such property to have
established the fact of the existence prior to such destruction of the record of
such judgment, mortgage, mechanic's lien, or other incumbrance or lien, and
the substance and effect thereof; such proceeding to be instituted and con-
tinued in accordance with the provisions of section five thousand three hundred
and thirty-nine(b), and the decree rendered in any such case shall be recorded in
the records of the same office in which the original judgment, mortgage,
mechanic's lien, or other incumbrance or lien was recorded or entered; pro-
vided, however, that no judgment, mortgage, mechanic's lien, or other incum-
brance upon property, the record whereof has been lost or destroyed as afore-
said, shall continue to be a lien upon such property, or to affect the title
thereto as against any purchaser for value or subsequent lienholder, unless the
action or proceeding to establish the existence of such record prior to the
destruction thereof as aforesaid shall be begun within six months from the
passage of this act, nor shall any judgment, the record whereof has been
destroyed as aforesaid, be held binding and in force against the judgment
debtor, or be executed, unless the action or proceeding to establish the exist-
ence of such judgment prior to the destruction of the record thereof, shall be
begun within five years from the passage of this act. [1884, April 12: 81 v.
159, 163.]
See ? (609-1).
488
$$ 907c-910.
COUNTY COMMISSIONERS.
Tit. VIII, Ch. 1.
SEC. 907c. [Titles to real estate, how restored; who to be made par-
ties defendant.] That whenever the record of any deed or other instrument
conveying the title to real estate which is authorized or required by law to be
recorded, or any will and the probate thereof, is lost or destroyed by fire, riot
or civil commotion, and the original of such deed or will and the probate
thereof, or other instrument, or a certified copy thereof, can not be found, any
person claiming title to such real estate or any interest under said will, may
bring an action in any court of common pleas of the county where the loss
occurred to establish the fact of the existence, contents and record of such
deed, will and probate thereof, or other instrument prior to such loss or destruc-
tion, and the decree in the case shall be entered in the office where the original
record existed. Any person having or claiming an interest in said real estate
or being in possession thereof, as well as the parties to the said lost deed or
other instrument or their privies, and all persons interested under said will may
be made parties defendant in such suit; and service of summons shall be made
in the same manner as in other suits concerning real estate. [1884, April 12:
81 v. 159, 164.]
See ? (609-1).
SEC. 907d. [Costs, how paid.] The costs of the proceedings mentioned
in sections nine hundred and seven (b) and nine hundred and seven (c) shall be the
same as are provided by law for the like services in civil cases, and shall be paid
out of the county treasury on the order of the court. [1884, April 12: 81 v.
159, 164.]
See (609-1).
SEC. 908. [Shall cause true meridian lines to be established.] The
county commissioners shall where the same has not been done, employ some
suitable person of competent skill, to establish at or near the county seat of
the county, lines not exceeding forty rods or perches in length, corresponding
with the true meridian of the place, and furthermore simultaneously determine
to within one-half of one second of an arc the geographical latitude, and to
within one and one-half second of an arc the geographical longitude of the
station occupied by the instrument employed in such operation. [66 v. 120, §1;
(S. & S. 448; S. & C. 857).]
SEC. 909. [And a person to make observations.] After such lines of
true meridian have been established, the county commissioners shall appoint
some proper person to make observations, from time to time, not less than once
in each month, to ascertain the declination of the magnetic meridian from the
true meridian; and when any alteration thereof is ascertained, such observer
shall report the particulars thereof to the county auditor, who shall thereupon
cause such particulars to be published at the cost of the county, in some news-
paper of general circulation therein. [43 v. 75, §2; S. & C. 857.]
SEC. 910. [Duties of county surveyors in making surveys, maps, etc.]
The surveyor after such line of true meridian has been established in such county,
shall correct and rectify the compasses and other instruments used by him in
determining the courses and angles of surveys, and shall fix the indices of such
instruments to correspond with the true meridian, and shall take notice of any
deviation of the magnetic meridian from the true meridian, when discovered;
and shall notice such variation on every survey, bill or map made by him
before it is recorded: and, after such lines of true meridian have been estab-
lished in any county, no surveyor shall be allowed to certify or testify to the
accuracy of any survey thereafter made unless the compasses, or other instru-
ments used in determining the courses thereof, have been corrected and adjusted
to the true meridian and subsequent observations, as is herein provided with
regard to the instruments to be used by the county surveyors. [43 v.75, §3;
S. & C. 857.]
489
Tit. VIII, Ch. 1.
COUNTY COMMISSIONERS.
§§ 911-916.
SEC. 911. [May appoint person to adjust compass, etc., to meridian;
fees.] The commissioners of the several counties where the lines of true
meridian are established, may appoint some competent person to examine,
correct, and adjust to such true meridian line, any compass or other instru-
ments used to measure angles, which are offered for that purpose, so that such
instruments shall correspond with such true meridian; and the person so
appointed shall be entitled to receive, for any instrument so adjusted, the sum
of one dollar for the first correction, and fifty cents for each subsequent altera-
tion, and shall, at the same time, at the request of the owner of such instru-
ment, by him adjusted, as aforesaid, give to such owner a certificate, under his
hand and seal, setting forth the date and particulars of such correction or sub-
sequent alteration. [43 v. 75, § 4; S. & C. 858.]
SEC. 912. [Persons appointed, how paid.] The commissioners may pay
out of the county treasury, to the person or persons employed to establish the
line of true meridian, and to notice all subsequent declinations of the mag-
netic meridian, such compensation as such commissioners deem reasonable.
[43 v. 75, §5; S. & C. 858.]
SEC. 913. [Fees of posse comitatus.] The county commissioners shall
audit and allow a reasonable compensation to any person who is summoned to aid
any sheriff or constable or other officer, as the case may be, in the execution of
any writ or process in favor of the state, but such compensation shall not
exceed one dollar per day, and be allowed only upon certificate of such officer.
[73 v. 127, § 18; S. & C. 635; 47 v. 20.]
SEC. 914. [May execute leases of mineral lands.] The commissioners
of any county may, when, in their opinion, the county would be benefited
thereby, make, execute and deliver contracts or leases to mine iron ore, stone
coal, petroleum, salt, and other minerals, upon lands owned by such county,
to any person or persons, association or body corporate, who may comply with
the terms prescribed by such commissioners as to consideration, rights of way,
occupancy of ground for necessary purposes, and all other matters of contract
shall be such as the commissioners deem most advantageous to the county;
but all such contracts or leases shall be forfeited to the county, in ease of a
non-compliance with any of the terms therein set forth, and said contracts or
leases shall not operate as a conveyance of the fee of any part of the realty, or
be valid for a longer term than fifteen years from the date of the same; and
the consideration of such contracts or leases shall be a rental, payable at least
once in each year to the treasurer of the county, who shall give a receipt there-
for to the party paying the same, and be charged therewith by the county audi-
tor, with whom such receipts, and such contracts and leases shall be deposited,
and the fund created by such payments shall be held and used for county pur-
poses. [65 v. 13, §1; S. & S. 486.1
SEC. 915. [When expenses of arrest may be paid out of proceeds of
recognizance.] When a recognizance, given in a case of felony, is collected,
the county commissioners may, out of the amount paid into the county
treasury, pay any or all the expenses incurred by any person in procuring the
arrest of the accused, in addition to the fees allowed by law. [66 v. 115, §1.]
SEC. 916. [Tax may be levied on infirmary farms for constructing
free turnpikes.] The commissioners of any county having an infirmary farm
within the limits for taxation of any free turnpike road, may levy a tax on
the taxable property of the county, in addition to other taxes, for the purpose
of paying the equitable proportion of taxes which would be levied on said
farm, if the same was subject to taxation as other property within the bounds
of any free turnpike road, under the laws of the state authorizing the con-
struction of free turnpike roads, and apply the money arising from such levy
to aid in the construction of such road. [64 v. 215, §1; S. & S. 538.]
490
§ 917.
COUNTY COMMISSIONERS.
Tit. VIII, Ch. 1.
SEC. 917. [Shall make report in writing to court of common pleas;
forfeiture for such delay; compensation for examining report; clerk of
court shall certify costs; violation of law shall be prosecuted.] The county
commissioners, annually, on or before the third Monday in September, shall
make a detailed report in writing to the court of common pleas of the county,
of their financial transactions during the next year preceding the time of
making such report. The commissioners of each county shall each forfeit and
pay into the county treasury five dollars for each day after the third Monday
of September annually, that the making and filing of said report is delayed,
and the court shall cause the same to be investigated and examined by the
prosecuting attorney of the county, together with two suitable persons to be
appointed by the court, and the two persons so appointed shall each be allowed
and paid out of the county treasury, on the warrant of the county auditor,
the sum of three dollars per day, for the time they are necessarily employed
in making said investigation; to aid in their investigation, the person so ap-
pointed, with the prosecuting attorney, to examine said report, shall have
power when, in their opinion, it is necessary, or the court shall so order, to
subpoena witnesses to appear before them at such time and place as is desig-
nated; upon the filing of a præcipe with the clerk of the court of common
pleas, he shall issue [a] subpoena, directed to the sheriff of the county, who
shall serve the same and make return according to law; such witnesses may be
sworn before any officer authorized to administer oaths and shall thereupon
be compelled to answer such questions as are put to them relative to the offi-
cial transactions of the county commissioners; the clerk of the court shall
certify all costs arising under these proceedings to the auditor of the county,
who shall draw warrants upon the county treasurer for the payment of the
same, and said examiners, when they have completed their examination, with
the auditor of the county, shall leave said financial statement, and the report
of their examination, with the auditor of the county, for the use of the com-
missioners, who shall, immediately thereafter, cause said statement, together
with the report of the examiners, to be published in a compact form for one
week, in two weekly newspapers of different political parties, printed in the
county, if there are two such papers published; if not, then a publication in
one paper only is required; and in addition to the publication therein re-
quired, be published in one newspaper printed in the German language and
having a bona fide circulation of not less than six hundred, if there be such a
paper printed, and in general circulation among the inhabitants speaking that
language in the county for the same time, and in the same manner; in case of
any violation of the law, the prosecuting attorney is directed to cause the same
to be prosecuted according to the nature of the case; and if any county com-
missioners in this state fail or neglect to make the report required of them by
this chapter, at the time therein required, they shall be fined in any sum not
exceeding one hundred dollars; and the prosecuting attorney of any such
county shall prosecute in the court of common pleas, as is provided by law in
similar cases, any one or all of such commissioners who neglect or refuse to
publish the required statement, as herein provided. [92 v. 188; 73 v. 141, §7;
(S. & S. 88; S. & C. 251).]
For manner of printing and distributing annual report in Wyandot Co.; bids; fees,
see 917a, 91 v. 377.
Cited State v. Cincinnati, 52 O. S. 419, 452.
No authority is given to publish the report in a German paper or pay for the same: Schloenbach v. State,
53 O. S. 345
The auditor, as secretary of the board, may be required to write the report: Jones v. Comm'rs, 11 C. C. 136.
Under the act of April 18, 1874 (71 v. 103), the court of common pleas had no authority to order the pub-
lication of the report of the examiners of the annual statement of the commissioners: Commissioners of
Shelby Co. v. Frego, 26 O. S. 488.
Under the act of March 13, 1872 (69 v. 42), no compensation was allowed for services rendered under an
appointment by the court of suitable persons to assist the prosecuting attorney in examining the annual
report of the commissioners: Anderson v. Commissioners of Jefferson Co., 25 O. S. 13; McClave v. Miller,
25 O. S. 14.
491
Tit. VIII, Ch. 1.
COUNTY COMMISSIONERS.
$$ 918-921.
The Attorney General is a proper officer to prosecute the action under this section to compel a detailed
report of the financial transactions: State ex rel. v. County Commissioners, 4 N. P. 177: 6 O. D. 268.
Financial transactions are disbursements of money over which the commissioners have control; a de-
tailed report of a money transaction must state the time of receipt or payment, the amount of the receipt or
payment, from whom received or to whom paid and for what; there is no discretion as to the commissioners
as to what the report shall contain: State ex rel. v. County Commissioners, 4 N. P. 177; 6 O. D. 268.
Financial transactions" refers to the acts of the commissioners in their official capacity in obtaining
or disposing of public funds: State ex rel. v. Commissioners, 2 O. D. 613. What is a detailed report? ld.
The duty of publishing the official statement with the examiner's report, is a public duty and must be
enforced by some public officer: State ex rel. v. County Commissioners, 4 Ñ. P. 180; 6 O. D. 228.
Mandamus will not lie upon the information of a private citizen to secure the enforcing of a purely
public duty: Id.
Each distinct subject of expenditure should be stated together with the amount paid on it: State ex rel.
v. Commissioners, 56 O. S. 631.
The several subjects of expenditure need not be set forth when the funds provided by the county com-
missioners are set apart and expended under the direction of the infirmary directors or children's home trus-
tecs. It is sufficient to state in such case the sums set aside for the use of such boards: Id.
The county auditor is not entitled to extra compensation for making the report required by this section,
although allowed by county commissioners: Jones v. Commissioners, 57 O. S. 189.
also see note to same case under 2 1077.
SEC. 918. [County commissioners may offer reward for apprehen-
sion of criminals.] The county commissioners may, when they deem the
same expedient, offer such rewards as in their judgment the nature of the case
requires, for the detection or apprehension of any person charged with or con-
victed of a felony, and pay the same on the conviction of such person, together
with all other necessary expenses, not otherwise provided for by law, incurred
in making such detection or apprehension, out of the county treasury, and said
commissioners may, when they deem the same expedient on the collection of
a recognizance given and forfeited by such person, pay the reward so offered,
or any part thereof, together with all other necessary expenses, and not other-
wise provided for by law, incurred in making such detection or apprehension.
[1883, April 11: 80 v. 113; Rev. Stat. 1880; 66 v. 287, § 223; (S. & S. 92).]
It is an indictable offense in public officers to exact and receive anything more for the performance of a
legal duty than the fees allowed by statute, and a promise to pay them extra compensation would be abso-
lutely void: Gillmore v. Lewis, 12 0.281.
The detention, arrest and conviction, or the discovery of and return of stolen goods, is, in general, a
good consideration to sustain a promise of reward: Ib.
SEC. 919. [Reward for apprehension of horse thief.] The county
commissioners may, when they deem the same expedient, offer such reward,
or employ such detectives, as in their judgment the nature of the case requires,
for the detection or apprehension of any person charged with or engaged in
horse-stealing, aiding or abetting the same, and upon the conviction of such
person, the commissioners may pay such reward, or other compensation, out of
the county treasury; and said commissioners may, on the collection of a recog-
nizance given and forfeited by such person, if they deem it expedient, pay
such reward or other compensation; but in no case shall the owner of the
stolen horse or horses be entitled to any of said reward. [1883, April 11:
80 v. 113; Rev. Stat. 1880; 74 v. 103, §1.]
SEC. 920. [County commissioners may pay expenses of capture and
return of felon.] When any person charged with a felony has fled to any
other state, territory, or country, and the governor has issued a requisition for
such person, or has requested the president of the United States to issue extra-
dition papers, the commissioners may pay to the agent designated in such
requisition or request to execute the same, all necessary expenses of pursuing
and returning such person so charged, or so much thereof as to them seems just,
out of the county treasury. [1882, April 17: 79 v. 100; Rev. Stat. 1880; 68 v.
75, §1.]
See 2295 and 1310.
For "
an act for the extradition of fugitives from justice fleeing to foreign countries"
(81 v. 208), see ? (97—1).
The accused must be legally charged : State ex rel. Sells v. Franklin Co., W. 176.
SEC. 921. [Shall break counterfeiting instruments, and melt counter-
feit coin, and sell the metal.] When any instrument for making or gilding
counterfeit coin, or any counterfeit coin, is taken from convicts or persons
indicted for counterfeiting or for having the same in possession, with criminal
intent, and remains in the keeping of any county officer, the county commis-
492
§§ 922-923.
COUNTY COMMISSIONERS.
Tit. VIII, Ch. 1.
sioners shall break and mutilate such instrument, so as to prevent its being.
applied to the purpose of counterfeiting, and melt such coin into a mass, and
sell the same and pay the proceeds into the county treasury. [66 v. 287, § 208;
(S. & C. 1195).]
SEC. 922. [Shall have court records, etc., transcribed when neces-
sary; fees.] When any records, journals, or other books belonging to any of the
courts, are so worn or defaced as to require transcribing, the commissioners shall
order the same done by the officer[s] in charge of the same, and pay him there-
for six cents per hundred words. [56 v. 112, § 1; S. & C. 1282.]
See Commissioners v. Noyes, 35 O. S. 201.
(922-1) [Morgue for Cuyahoga Co. and Cleveland; coroner's duties.]
The county commissioners of Cuyahoga county be and they are hereby author-
ized to purchase a site for and erect a public morgue for the joint use of the
city of Cleveland and the county of Cuyahoga, at an expense not to exceed
$40,000, and shall provide for the maintenance of the same out of any moneys
in the general fund, provided, however, that no special tax shall be levied for
the construction of the same, but shall be paid out of any fund not otherwise
appropriated. That the county coroner shall have charge of said morgue and
it shall be the duty of said coroner to see that all dead bodies brought to said
morgue are properly kept and preserved until identified or claimed for burial
and he shall collect from the friends or relatives of any person whose dead
body was found within his county and which was caused to be kept and pre-
served as aforesaid, and who at the time of his or her said death was not a bona
fide resident of said county, a sum not to exceed $10, which sum shall be by
said coroner turned over to the county treasurer of said county to be credited
to the fund out of which said morgue is maintained. The coroner of said
county shall before turning over dead bodies, as provided by section 3763 of
the Revised Statutes of Ohio, cause such bodies to be photographed, and to-
gether with any other means of identification of said body shall cause the same
to be preserved with the record of said death. [92 v. 678; 88 v. 898.]
Franklin Co. morgue authorized, 90 L. L. 171; 91 v. 718.
(922-2) [Appropriation of private property to build morgue, road or
avenue in Hamilton Co.] When it shall be deemed necessary by the board of
county commissioners, with the approval of the board of control, in any county
containing a city of the first class, with a population of two hundred and fifty
thousand inhabitants, or more, to build a county morgue, road or avenue, and
the owner or owners of property in such county are unable from any cause to
agree upon the sale and purchase of said ground, the board of county commis-
sioners shall cause the same proceedings for appropriation to be had, which are
provided for the appropriation of private property, by municipal corporation,
said board of commissioners, through the county solicitor to act for such county
therein, as the council would for the municipal corporation. [81 v. 91.]
(922-3) [Duties of commissioners as to same.] Said board of com-
missioners shall prosecute the said proceedings of appropriation, to their final
conclusion, and at their option, if the amount of value and damages of land
or lot, sought to be appropriated, does not exceed six thousand dollars ($6,000),
shall direct the auditor to draw his warrant for the payment of the amount
awarded, out of any funds heretofore designated to build or keep in repair a
morgue, road or avenue. [81 v. 91.]
As to the power of county commissioners to appropriate private property for other
purposes, see ?879.
See under Local Index, acts authorizing levy of tax for morgue (79 v. 192); amended
80 v. 366.
ORPHAN ASYLUMS.
SEC. 923. [May receive bequests for orphan asylum.] The commis-
sioners of the several counties of the state may receive bequests, donations, and
493
Tit. VIII, Ch. 1.
COUNTY COMMISSIONERS.
§§ 924-929.
-gifts, real and personal, for the purchase of a site and erection of an orphan asy-
lum thereon, and to maintain the same. [62 v. 97, §1; S. & S. 503.]
For acts relating to the power of county commissioners to accept donations, bequests,
etc., for orphan asylums and children's homes (66 v. 8; 82 v. 41), see (935-1) et seq.
For "
an act to define and extend the duties of the board of managers of the Cincinnati
orphan asylum" (85 v. 278), see ? (3884-—1) et seq.
SEC. 924. [And may erect asylum.] When, in the opinion of the com-
missioners, the bequests, donations, or gifts received by them, are sufficient to
purchase a site and erect an asylum, they may proceed to the purchase of said
site, and the erection of an orphan asylum thereon. [62 v. 97, §2; S. & S. 503.]
SEC. 925. [Shall appoint a board of directors.] When the asylum is
completed, the county commissioners shall appoint six judicious persons,
residents of the county, who shall form a board of directors, to take charge of
and manage the affairs of such asylum, under such rules and regulations as
they establish, or are prescribed by law: the two first named directors shall
serve for two years; the second two for four years, and the third two for six
years; and as their terms of office expire, their successors shall be appointed
for the term of six years: the directors shall discharge the duties required of
them by law gratuitously: the directors shall elect from their own number a
president, treasurer, and secretary: the treasurer shall give bond to the state,
in such sum as the county commissioners require, for the safe keeping and
disbursement of such moneys as come into his hands as such treasurer.
[62 v. 97, § 3; S. & S. 503.]
SEC. 926. [Directors shall make annual report.] The directors shall
make to the county commissioners, a full report of the receipts and disburse-
ments of the asylum, annually, together with the number of orphans received
into and discharged from the institution, and any other matters the directors
deem of interest to the institution, or the public, which report shall be pub-
lished by the county commissioners in a newspaper having general circulation
in the county. [62 v. 97, § 4; S. & S. 503.]
SEC. 927. [Investments.] Any funds coming into the hands of the
county commissioners for the purposes herein named, not immediately needed
for said purposes, may be invested by them in unincumbered real estate
mortgages, state of Ohio or United States bonds, the proceeds to be credited
to the asylum fund. [62 v. 97, § 5; S. & S. 503.]
SEC. 928. [When it may be changed into children's home.] When
not inconsistent with the terms of any devise, bequest, or donation for the
establishment of such asylum, it may be changed into or be connected with a
children's home belonging to the same county.
See acts referred to under ? 923.
CHILDREN'S HOMES.
For "an act providing for appointment of board of visitors of charitable institutions"
(79 v. 107), see 2 (633-15) et seq.
For children's homes, see, also, ? 2181 et seq. and ? 4010, and 2 (935-1) et seq.
Board of state charities to examine management and condition of, see ? 656.
Plans for new or additions or alterations before adoption must be submitted to board
of state charities, see ? 656.
Officers of may be required to furnish board of state charities or its secretary such in-
formation as they may require, see ? 656.
Adoption of child in children's home, see ? 3137.
Binding out of children to children's homes and in turn by them to other persons, see
3135.
SEC. 929. [County commissioners to submit question of children's home
to qualified electors; notice of election; commissioners of adjoining counties
may unite in purchase of site, etc.; may receive devise or bequest; may issue
notes or bonds of county in anticipation of taxes.] The commissioners of
any county may when in their opinion, the interests of the public demand it,
494
.
$(929-1).
COUNTY COMMISSIONERS.
Tit. VIII, Ch 1.
or upon the request of two hundred or more tax-payers by written petition,
shall submit the question of establishing a children's home, and the issue of
county bonds or notes to provide funds for the purchase of a site, and the erec-
tion thereon of said home, to the qualified electors of such county, or to the
qualified electors of counties forming such district, at the next regular election,
to be held at the usual place of holding elections, for ratification or approval,
notice of said election to be published at least four weeks, in two or more
newspapers printed and of general circulation in said county, or in counties of
said district, prior to taking such vote, together with the maximum amount of
money proposed to be expended in establishing said home; and if a majority
of electors voting at such general election, in such county, or in the counties
of such district, are in favor of establishing said home, then the commission-
ers of said county, or the commissioners of any two adjoining counties in such
district, having so voted in favor thereof, shall provide for the purchase of a
suitable site, and erection of the necessary buildings, to be styled the children's
home for such county, or for such district, and provide means by taxation for
such purchase and support of same; and they are authorized to receive and
hold in trust for the use and benefit of said home, any grant or devise of land,
and any donation or bequest of money or other personal property that may be
made for the establishment or support of said home; the commissioners of
any county, for this purpose are authorized to issue the notes or bonds of said
county in anticipation of the collection of the taxes levied or to be levied for
the purchase of a suitable site, and erection of the necessary buildings, or for
the purchase of a suitable site and buildings already erected thereon, said notes
or bonds to bear interest at the rate not to exceed six per cent. per annum,
interest payable semi-annually, and said notes or bonds shall not be sold for
less than their par value. [1881, March 22: 78 v. 81; Rev. Stat. 1880; 75 v.
49, §1.]
The provisions of 2877, Revised Statutes, requiring county commissioners to publish notice of their
intention to purchase any lands or erect any building, do not apply to proceedings under 2 929 et seq., for
the purchase of lands for a children's home: State ex rel. Mannix v. Auditor, 43 O. S. 312.
As to the power of the commissioners to rescind a sale made under this and the following sections: Ib.
Ross Co.; appropriation of private property for children's home, 77 v. 279.
Perry and Tucarawas counties; power to purchase site and erect children's home,
78 v. 189.
(929-1) [Counties and cities may appropriate not to exceed six
thousand dollars in aid of children's homes.] In any county in the state of
Ohio, where there now is or hereafter may be an incorporated "children's aid
society," or "children's home," or "industrial school," or "industrial school and
home," or any other incorporated society, whose object is the care, aid and
education of neglected or destitute children, the county commissioners of such
county, or the city council of any city or cities in such county, in addition to
the powers now conferred upon such commissioners or city council, are hereby
authorized, if they deem it judicious to aid any such institution to purchase
land, erect buildings, either by subscription with others to raise a fund for that
purpose, or by direct aid or donation, or otherwise, in amount not exceeding
six thousand dollars, as they may deem expedient. [90 v. 27, 11; 66 v. 11.]
(929-2) [Commissioners authorized to aid incorporated children's
homes, where.] In any county in this state where there now is an incorpo-
rated children's home whose object is the care, aid, and education of neglected
or destitute children, and where the county commissioners of any such county
have aided such children's home to purchase land or erect buildings, either by
subscription with others to raise a fund for that purpose or by direct aid or
donation, or otherwise, in any amount not exceeding six thousand dollars, such
commissioners are hereby authorized and empowered to contribute such addi-
tional sum to complete such purchase of land and the erection of buildings not
exceeding the sum of twenty-five hundred dollars, provided that in case such
children's home shall cease to exist so that such property so purchased shall
cease to be used for the purpose of such children's home by such corporation
495
Tit. VIII, Ch. 1.
COUNTY COMMISSIONERS.
§ (929-3).
such county shall have a lien upon such property so purchased for the amount
of
money contributed for its purchase and if such corporation shall fail or be
unable from any cause to maintain, manage and control such home so as to
subserve the purpose of a children's home for which the same was incorporated
then such commissioners may enforce such lien or if they so prefer and desire
they are hereby authorized and empowered to organize such home into a county)
children's home, under the general laws of the state of Ohio, and the title to
such property, where the county has contributed the whole amount of the pur-
chase money shall vest in and be the property of such county. [87 v. 252.]
(929-3) [Contributions for additions, etc.] When such commis-
sioners have contributed the whole amount of said purchase money, and find
the buildings are not sufficient to enable such incorporated children's home
to accommodate all the neglected and destitute children of such county, they
are hereby authorized to contribute, subject to the conditions provided in sec-
tion one [(§ 929-2)] of this act, such amount as they deem sufficient to con-
struct the necessary additions to such buildings and to make the necessary im-
provements of such property, and they are hereby authorized to contribute an
amount not exceeding three hundred dollars in any one year for the purpose
of keeping such property in repair. [89 v. 351; 87 v. 252.]
(929-4) [Monthly reports.] The board of managers shall make a
monthly report on the first Monday of each month of the condition of said
institution, its receipts and expenditures during the preceding month, the
number of children received and discharged and the general condition of the
institution. [87 v. 252.]
SEC. 929a. [Judge of the common pleas may appoint trustees to take
charge of property given to children's home.] That in all cases where any
money or property, of the amount or value of five thousand dollars or more,
has been or shall be given to trustees or otherwise for the use and benefit of a
children's home in any county of this state, and the trustee or trustees, or
other person or persons, having control of said money or property, or proposing
to donate the same, shall, by petition, make known to a judge of the court of
common pleas of such county, that he or they desire that a judge of said court
shall perform the duties which are conferred upon county commissioners by
section nine hundred and thirty of the revised statutes, it shall be the duty of
said judge on being satisfied of the existence of said trust or intention to
donate to the amount aforesaid, to appoint trustees, and from time to time dis-
charge all the duties which are by said section nine hundred and thirty imposed
upon county commissioners, except that said trustees shall be first appointed
on the presentation of said petition, and annually, as nearly as may be con-
venient, thereafter; and all orders made by a judge in that behalf shall be
forthwith entered on the journal of the court.
SEC. 2. A children's home, established and sustained as aforesaid, shall
be entitled to the benefit of all the provisions contained in sections two thousand
one hundred and eighty-one, two thousand one hundred and eighty-two, two thousand
one hundred and eighty-three, two thousand one hundred and eighty-four, two thousand
one hundred and eighty-five, and four thousand and ten of said statutes.
Section 929a is 21 of the act of 1880, April 1: 77 v. 114.
SEC. 3. [County commissioners may sell or exchange such property.]
The county commissioners, on the recommendation of said trustees may sell
or exchange for other property any lands or tenements given or conveyed to
them for the use and benefit of a children's home. [1880, April 1: 77 v. 114.]
The act of April 15, 1889, fails in express terms to repeal the amendment of 1888 (85
v. 266).
SEC. 930. [Trustees of children's home; superintendent, matron, etc.]
When the necessary site and buildings are provided by the county, the com-
missioners shall appoint a board of four trustees, not more than two of whom
496
§ 930a.
COUNTY COMMISSIONERS.
Tit. VIII, Ch. 1.
shall be of the same political party, who shall hold their offices as follows: One
for one year, one for two years, one for three years, and one for four years,
from the first Monday of March thereafter; and annually after said board is
so constituted, the county commissioners shall, on the first Monday of March,
appoint one trustee for said children's home, who shall hold his office for the
term of four years, and until his successor is appointed and qualified; and
said board of trustees shall designate some suitable person who shall act as
superintendent of said home, and who shall also be clerk of said board of
trustees; and he shall receive for his services such compensation as the board
of trustees designate at the time of his appointment; and he shall perform all
such duties, and give security for the faithful performance of them, as the
trustees by law direct. The trustees shall not receive any compensation for
their services, and the superintendent shall have the entire charge and control
of said home, and the inmates therein, subject to such rules and regulations
as shall be prescribed by the trustees; and said trustees may, upon the recom-
mendation of the superintendent, appoint a matron, assistant matron, and
teachers, whose duties shall be the care of the inmates of said home, to direct
their employment, giving suitable physical, mental and moral training to
them. The matron shall, under the direction of the superintendent, have
the control, general management and supervision of the household duties of
said home, and the matron, assistant matron and teachers, shall each perform
such other duties, and receive for their services such compensation as the
trustees by by-laws from time to time direct; and they may be removed at the
pleasure of the trustees, or a majority of them. The superintendent may sus-
pend temporarily a matron, assistant matron, or teachers, notice of which must
be immediately given to the board of trustees for their approval or disapproval;
provided, that the trustees may, if in their judgment it is for the best interest
of the home and of the county, dispense with a superintendent and authorize
the matron to assume the entire charge of the home and its management.
[90 v. 46; 86 v. 384; 85 v. 266; 79 v. 28; 78 v. 81; Rev. Stat. 1880; 73 v. 64, § 2.]
an act to facilitate the placing of children from children's homes in private fam-
ilies" (86 v. 340), see ? (933—1) et seq.
For "
SEC. 930a. [Advisory board appointed by commissioners; vacancy;
no compensation; duties of board and of officers and employes; certain
counties excepted.] And the commissioners shall also appoint an advisory
board, which shall consist of three women, not more than two of whom shall
be of the same political faith or party, and one of whom at least, shall be a
member of a humane society organized under chapter 13, title 2, of the
Revised Statutes, if such there be in said county, and all of whom shall be
citizens of such county and freeholders therein, and whose terms of service
shall be as follows: One for one, one for two, and one for three years, from the
first Monday in March thereafter, and until their successors are appointed and
qualified; and annually after said board is so constituted, the commissioners
shall, on the first Monday in March appoint one member of said board, who
shall hold her position for three years, and until her successor is appointed
and qualified. Any vacancy in said board, occasioned by resignation or
otherwise, shall be filled for the unexpired term by said commissioners, within
sixty days thereafter. The members of said board shall receive no compensa-
tion for their services, and shall, before entering upon their duties, be sworn
to faithfully and impartially perform the duties of such position, and shall
elect from their number a president and secretary. It shall be the duty of said
board to visit such children's home at least once in every three months, and
oftener, if they deem it desirable or necessary, and it shall be their duty to
thoroughly inspect and inquire into every department of said home, and the
administration thereof; and it shall be the duty of the trustees, superintend-
ent, matron, teachers, and all other employes of said children's home, to give
to said advisory board, or any member thereof, all information concerning
said home and its administration or management, and every facility for exam-
497
Tit. VIII, Ch. 1.
COUNTY COMMISSIONERS.
$$ 930b-931a.
ination and investigation that said advisory board, or any member thereof
may desire or require; and said board shall advise with the board of trustees
of said home concerning the interests thereof, and its management, and make
such recommendations in writing to said trustees as they may deem advisable
or necessary; and they shall also, if they deem it desirable or necessary, make
written reports and recommendations concerning such children's home and its
management, to the commissioners. Provided that the provisions of this sec-
tion shall not apply to children's homes in counties containing cities of the
second class of the second grade and cities of second class of the third grade.
[88 v. 328.]
SEC. 930b. [School teacher; enumeration of school youth; apportion-
ment of school fund and its application, certain counties excepted.] That
the trustees shall have power to employ a teacher to teach the school in any
such home, as provided by law when in the judgment of the trustees, the same
is advisable; and the clerk of the board of trustees is hereby authorized, and
it shall be his duty to take and return to the county auditor, the names and
ages of all youth of school age, in such home, during the two weeks ending on
the fourth Saturday in July. The state common school fund and not other-
wise appropriated by law, shall be apportioned in proportion to the enumera-
tion of youth, to such home and other districts, subdistricts and joint subdis-
tricts within the county; and the amount of money due such home under such
apportionment shall be set apart by the auditor of the county, and the same
shall become a part of the children's home fund, and the same used to main-
tain a common school in such home, and the same shall be paid out on a cer-
tificate, of the trustees stating the amount in the certificate, and the purposes
of the same, and the county auditor shall thereupon issue his warrant on the
treasurer for the amount so certified. Provided, that the provisions of this
section shall not apply to children's homes in counties containing cities of the
second class of the second grade and cities of the second class of the third
grade. [90 v. 192.]
SEC. 931. [Admissions to home.] The home shall be an asylum for all
children under the age of sixteen years, of a sound mind, and free from all
infectious or contagious diseases, and having resided in the county not less
than one year; and such other children under such age from other counties in
the State where there is no home located as the trustees of such home and the
party, parties, or authorities, having the custody and control of such children,
by contract, agree upon, who by reason of abandonment by parents, or orphan
age, or neglect, or inability of parents to provide for them, in the opinion of the
trustees, are suitable children for such provision; and they shall be admitted
by the superintendent on the order of a majority of such trustees, accom-
panied by a statement of facts signed by them, setting forth the name, age,
birthplace, and present condition of the child named in such order, which
statement of facts contained in the order, together with any additional facts
connected with the history and condition of said children shall be, by the super-
intendent, recorded in a book provided by him for that purpose by the com-
missioners of such county, which book shall be at all times open for inspection,
at the discretion of the trustees. [1886, May 18: 83 v. 196; Rev. Stat. 1880;
73 v. 64, § 3; (S. & S. 725).]
See ? 976.
SEC. 931a. [Separation of child from its pauper mother; children afflict-
ed with certain diseases, how cared for.] No child under the age of one
year shall be separated from its mother, if such mother be an inmate of the
county infirmary, unless with the approval of the probate court first given;
and whenever a child who is an applicant for admission to a children's home,
shall, upon examination by a regular practicing physician, be declared to be
afflicted with any contagious or infectious disease, and there shall be no means
provided at the children's home for its separation from the other children, it
33
498
§§ 9316-931d.
COUNTY COMMISSIONERS.
Tit. VIII, Ch. 1.
shall be cared for by the infirmary directors until such time as it shall become
eligible to the children's home. [92 v. 268; 85 v. 145.]
SEC. 931b. [Certain children who are eligible to be certified to the
home; temporary care of eligible abandoned and destitute children.] All
children now maintained in the county infirmary of any county in this state,
or who shall hereafter be received into any such county infirmary, and shall
become eligible to the children's home of such county or district, shall be cer-
tified to the trustees thereof, by the infirmary directors; and all children who
are found by township trustees to be proper subjects for the care of the county,
and eligible to such children's home, shall be certified to the trustees of the
home by the trustees of the township of which they are residents, and shall be
conveyed to such home and the expense thereof paid for out of the township
poor fund; but in case any child shall be found abandoned and destitute, and
is eligible to the children's home, the superintendent of the home may provide
and care for it temporarily, until the proper officers can be notified. [93 v.
269; 85 v. 148.]
SEC. 931c. [Unlawful to maintain children in infirmaries, except cer-
tain cases; county commissioners to make provisions for care of children.]
That from and after the passage of this act, it shall not be lawful to keep or
maintain in any county infirmary in this state, any child or children entitled
to admission into a children's home, except such as are imbecile, idiotic or in-
sane; and the board of commissioners of any county in the state, where such
home has not already been provided, shall make temporary provisions for such
children by transferring them to the nearest children's home where they can be
received and kept at the expense of the county, or by leasing suitable premises
for that purpose, which shall be furnished, provided, and managed in all re-
spects as now provided by law for the support and management of children's
homes in the state of Ohio; provided, or the commissioners may provide for
the care and support of such children within their respective counties, in the
manner deemed best for the interest of children, and the commissioners shall
levy an additional tax, which shall be used for that purpose only. [93 v. 269;
82 v. 249; 82 v. 86; 81 v. 92; 80 v. 102.]
SEC. 931d. [Indentured children; duties of visiting board as to.] All
children indentured or placed in charge of any person, as provided for in sec-
tion two [§ 931c] of this act, shall be reported to the board of county visitors
(where such board exists) of the county in which they reside, and it shall be
the duty of such board by one or more of its members, to visit such children,
as far as practicable, at least once in a year, and inquire into the management,
condition and treatment of such children, and for that purpose may have pri-
vate interviews with such children at any time; and if it shall come to the
knowledge of such board of visitors that any child thus placed in charge of
any person, as aforesaid, is neglected, abused or improperly treated by the
person having such child in charge, or that the person holding the child is
unfit to have the care thereof, they shall report the fact to the officers of the
institution by which such child is indentured, and such officers shall cancel
the contract, and cause the child to be returned to the institution from which
he or she was taken, or indentured to some other person, or to be discharged,
in the discretion of such officers; in all contracts or indentures for binding
out children from any state or county institution, the officers making the
same shall expressly secure the right to cancel the contract whenever, in their
judgment, the interests of the child are not properly cared for; provided,
however, that nothing contained in this bill [act] shall be considered as
applicable to private charitable asylums for the care, protection and training
of children that have their own methods for the visitation of indentured or
adopted children. [80 v. 102.]
499
Tit. VIII, Ch. 1.
COUNTY COMMISSIONERS.
§§ 932-933.
SEC. 932. [Power of trustees over children.] All the inmates who
have been neglected or abandoned, as aforesaid, or who have been by the parent
or guardian voluntarily surrendered to the trustees, shall be under the sole and
exclusive guardianship and control of the trustees during their stay in said
home; and, until they arrive at the age of sixteen years, if they are indent-
ured or adopted, as hereinafter provided, then until they become of lawful
age the trustees may remove any child or children becoming a charge upon
the county, who has no legal settlement therein, to the county it or they may
belong, and all charges and expenses so made shall be paid by the county to
which it or they belong. And said trustees shall also have power to discharge
any of the inmates of said home, and when so discharged, the parents or
guardian shall assume power and authority; and the trustees may return any
of the inmates of said home to the parents or guardians of such inmates, when
they belive them capable of caring and providing for themselves, or their
parents or guardians for them. [1886, May 18: 83 v. 196; Rev. Stat. 1880; 73 v.
64, § 4; (S. & S. 725).]
SEC. 932a. [Indenture of children.] It shall be the duty of the super-
intendent when any child is indentured to any person, at once to notify the
clerk of the township in which such person resides of the same, whose duty it
shall be to keep a record of all such indentures, of the name of such child or
children, to whom indentured and expiration of time of same, and also the
change of residence of the person to whom such child is bound, and such other
matter in relation thereto as may be deemed important. And it shall be the
duty of the trustees of such township to inspect said record once in every three
months, and if they find any such child or children so indentured to any per-
son in the township, they shall visit at least once a year, at the house of such
person and look after its care, treatment and moral welfare, and they shall also
visit the school in the district within which such child resides at least once a
year and make inquiry concerning its attendance at school and progress in
learning, and said visits shall be oftener, at the discretion of said trustees, and
always upon complaint being made to them in writing, giving the reasons for
said complaint, and in all cases of such visits such trustees shall make full
report of the same, and the care, treatment, moral welfare and progress in learn-
ing of such child to the clerk of said township who shall report the same to
said superintendent, and if said report is unfavorable to the proper care, treat-
ment, moral welfare or progress in learning of such child, the trustees of said
home shall immediately visit the place of residence of such child, and if such
child is not properly cared for, treated, morally instructed or advanced in privi-
leges for learning, they shall at once terminate said indenture, and return said
child to said home. It is further made the duty of the township trustees,
through said clerk, to notify the superintendent of all removals of such child
or children from said township, giving the township where removed to, with
the post-office address to the superintendent, whose duty it shall be at once to
notify the clerk of the township to which such removal is made, the same as
if originally indentured in said township. If any of the officers aforesaid shall
fail to perform his duty under the provisions of this section, he shall, upon
the complaint of any person to any court having jurisdiction and conviction
thereof, be fined in any sum not exceeding fifty dollars. [88 v. 302.]
SEC. 933. [Trustees of children's homes to find suitable homes for
inmates.] The trustees shall seek and make all due and proper effort to obtain
suitable homes for all such children so committed, and indenture or allow
them to be adopted, provided that the person to whom any child is indent-
ured, or by whom any child is adopted is deemed by the trustees to be, upon
careful inquiry and satisfactory evidence, a suitable person; and the superin-
tendent shall enter in a book, to be provided him by the county commission-
ers, the date when any of the inmates are indentured or adopted, the name
and age of such inmate, the name and place of residence of the person to
whom indentured, or by whom adopted, and if indentured, a statement of the
500
§ (933-1).
COUNTY COMMISSIONERS.
Tit. VIII, Ch. 1.
conditions of such indentures, which book shall be open for inspection to any
person interested, at the discretion of the trustees; and the trustees may at
any time vacate said indentures, when, in their opinion, the welfare of any
child demands it. [1883, March 29: 80 v. 84; Rev. Stat. 1880; 73 v. 64, §5;
(S. & S. 725).1
[Preamble.] WHEREAS, If proper facilities were provided, large numbers
of children from the children's homes of the state might find homes in private
families, where they would have better opportunities for education, training
and success, than they now have; and
WHEREAS, At present no adequate means are provided whereby said chil-
dren can be placed out in families, and proper supervision maintained over
them after they have been so placed; therefore,
(933-1) [Trustees of children's homes may appoint visiting agent;
may place children in private families.] The trustees of each and every
children's home in the state may appoint a competent person as visiting agent,
whose duty it shall be to seek places for such children wherever suitable homes
can be found in private families, where they will be properly educated, trained
and cared for. Said agent shall visit each child so placed not more than twice
in each year, when practicable, and shall report from time to time to the trus-
tees the condition of each child, any brutal or ill treatment of same, or failure
to provide suitable food, clothing or school facilities of [for] such child in the
family where placed. Said agent shall perform his duties under the direction
of the trustees and superintendent of the children's home for which they [he]
may be appointed, and he may be assigned such other duties not inconsistent
with his regular employment as the trustees may prescribe, and his appoint-
ment shall be for one year, or until his successor shall be appointed, and he
shall receive such reasonable compensation for his services as the said trustees
may provide. The trustees of any such children's home, except in counties
containing cities of the first and second grade of the second class, may also
place the children under their charge in suitable homes in private families,
through well known and established private institutions duly incorporated
under the laws of this state, and which have the fitting for, and placing of
children in families, as their object. [88 v. 505; 86 v. 340.]
As to placing of children in homes by Women's Christian Associations, see ? (3794—1).
(933-2) [Trustees of homes in different counties may unite under
this act.] The trustees of children's homes in two or more counties in the
state may unite in the employment of a visiting agent, who shall serve the said
trustees in such manner and with such compensation as the trustees so uniting
may prescribe. [86 v. 340.]
SEC. 934. [Trustees of children's home to make quarterly report to
county commissioners and make certain contracts; what such estimates
shall specify.] The board of trustees shall report quarterly to the board
of commissioners of the county the condition of the home, and make out
and deliver to the board of commissioners a carefully prepared estimate, in
writing, of the wants of the home for the succeeding quarter, which esti-
mate shall specify separately the amounts required for each of the follow-
ing purposes, to wit: 1st, Food, fuel, and forage; 2d, clothing; 3d, pay of
officers and employes; 4th, repairs; 5th, improvements of buildings and
grounds; 6th, books and stationery; 7th, furniture; 8th, transportation of
inmates; 9th, live stock; 10th, other expenses; and the board of commissioners,
shall at their regular quarterly meeting at which such estimate is presented to
them, carefully examine said estimate, and if, in their judgment, said estimate is
reasonable and ratably within the assessment for the support of the home for the
current year, or so much thereof as they may deem reasonable and within such
assessment, said board of commissioners shall allow and approve, and shall
appropriate and set apart for the use of said home, and the county auditor shall,
501
Tit. VIII, Ch. 1.
COUNTY COMMISSIONERS.
§ 935.
upon the order of the board of trustees of such home, draw his warrant upon
the county treasurer, who shall pay such warrants out of the fund so appro-
priated and set apart; and said trustees shall contract no debts, and make no
purchases in excess of the amount so appropriated; said board of trustees shall
also make an annual report in writing, to the board of commissioners, of the
condition, wants and operation of said home, including a statement of the
number of inmates, and if from other counties, the terms upon which they are
admitted, and also an accurate account of all receipts and expenditures. [1882,
March 29: 79 v. 58; Rev. Stat. 1880; 73 v.64, § 6; (S. & S. 726).]
SEC. 935. [County commissioners may purchase or sustain children's
home established by private charity; may accept funds given for such pur-
pose.] In any county where there now is, or hereafter may be established, by
private charity, a children's home, the same may be purchased or sustained by
the county commissioners; or, when a fund has been or hereafter may be given
or subscribed, to establish a children's home, and the trustee or body to whom
the same is made payable is incapable of accepting the trust, or said donee or
trustee shall decline to accept, or desire to transfer such trust to the commis-
sioners of such county, such trust and fund shall upon the execution and
delivery to them of a legal transfer of such fund, vest, in the commissioners of
the county, who are authorized, if in their opinion such fund is sufficient there-
for to accept such trust and to establish a children's home without submitting
the same to a vote of the people, provide the necessary site and buildings there-
for and enforce by action in their corporate name all subscriptions to said fund,
and organize, govern, and sustain said home in the manner provided for homes
authorized by vote of the people, provided, that such commissioners in accept-
ing said fund, shall not incur any additional expenditure beyond the same, in
establishing said home, without first submitting the question of such additional
expenditure to a vote of the people of said county as provided by law. [1880,
March 9: 77 v. 49; Rev. Stat. 1880; 73 v. 64, §7; (S. & S. 726).]
(935-1) [County commissioners may accept devises, etc.] When any
person has heretofore by his or her last will and testament provided for, or shall
hereafter provide for the tender of his or her estate, or any part thereof, to
any county of this state for the purpose of providing for the erection and
endowment of an asylum where poor white children, who have lost one or
both of their parents, may be educated, and if necessary be supported during
their minority on the condition that said county accept said devise, subject to
the trusts mentioned in said will, the principal to be kept sacred, and the net
income thereof, together with a like sum to be furnished by said county, to be
annually applied to the support and maintenance of such an institution, it
shall be lawful for the commissioners of any county to accept the same and to
proceed to carry out the said will. [66 v. 8.]
(935-2) [County commissioners accepting devises to found orphan
asylum, may attach a "children's home" out of property so devised; records
of superintendent.] In case of the acceptance of any such trust and bequest
by the commissioners of any such county, it shall be lawful for such commis-
sioners, if they see proper to do so, to attach to such an institution to be erected
and maintained out of funds and property so bequeathed and devised, and the
like amount of income to be annually furnished by said county as aforesaid, a
"children's home," which shall be an asylum for all other persons resident of
the county where such home is located, under sixteen years of age, who by
reason of abandonment by parents, neglect or inability of parents to provide
for them, or other cause, shall, in the opinion of the trustees of said institu-
tion hereinafter provided for, be deemed suitable and proper persons to be
admitted thereto; and the name, birthplace and age of each person so
admitted, together with the names and residence of the parents of each per-
502
(935-3).
COUNTY COMMISSIONERS.
Tit. VIII, Ch. 1.
son, and such other statements in relation to said persons as may be deemed
necessary and proper, including the time of reception and discharge, shall be
recorded by the superintendent of such institution, in a book to be provided
by the county, for that purpose, which book shall be open to public inspection.
[1885, February 4: 82 v. 41; 66 v. 8.]
(935-3) [May purchase site, erect buildings, etc.] For the purpose
f carrying out the foregoing provisions, the county commissioners of any such
county are hereby authorized, when in their opinion the interests of the public
demand it, to provide for the purchase of a suitable site and the erection of
the necessary buildings for the same, and to provide by taxation or otherwise,
for the erection and support of said buildings and institution; and they are
hereby authorized to receive and hold in trust for the use and benefit of any
such an institution, any grant or devise of land, and any donation or bequest.
of money or other personal property that may be made for the establishment
or support thereof. [66 v. 8.]
(935-4) [Court to appoint trustees; their duties; appointees, etc.]
When the necessary site and buildings are provided by the county, it shall
be the duty of the court of common pleas of such county, immediately
thereafter, to appoint a board of six trustees to manage the said institution,
and who shall be judicious persons, resident of said county. The two
directors first named shall serve for six years, the second two for four years,
and the third two for two years, and as their terms shall expire, their suc-
cessors shall be appointed by the court for the term of six years; and in case
of removal from the county, death, resignation, removal by the court for
cause, or vacancy in said office, or for any other cause, the court shall fill such
vacancy at its first session thereafter. Said trustees shall not receive any
compensation for their services. They shall appoint a superintendent and
other necessary officers of said institution, and with the concurrence of the
county commissioners, fix the salaries thereof; said officers to be removed at
any time at the pleasure of the trustees, and if requested by them, shall give
bond in such sum and with such conditions as the trustees shall prescribe; and
said trustees in the support and the maintenance of said institution, shall not
annually expend or contract any indebtedness more than the amount author-
ized to be expended by the commissioners of said county. [1876, April 3:
73 v. 154; 66 v. 8.]
Section 2 of the act of April 3, 1876 (73 v. 154), provides that "When trustees have already been appointed
under and in pursuance of section 4 of the above recited act, the last two of the six trustees named and
appointed, shall serve for the term of two years instead of six years, and when their term shall expire, their
successors shall be appointed as now provided."
Cited State v. Cincinnati, 52 O. S. 419, 452.
(935-5) [Appropriations of buildings previously erected or begun.]
If prior to the tender of any such bequest to any such county, the commis-
sioners thereof shall have erected or commenced the erection of any building
for a "Children's Home" under any other law of this state, they may appro-
priate the same to the purposes of such an institution as is contemplated in
this act. [66 v. 8.]
(935-6) [Control and discharge of the inmates.] All the inmates.
of said institution, who have been neglected or abandoned as aforesaid, or who
have been by the parent or parents or guardian of said person, voluntarily
surrendered to the trustees of said institution, in all such cases the said trust-
ees shall have the sole and exclusive guardianship and control of such chil-
dren during their stay in said home, and until they arrive at the age of six-
teen years; and the said trustees shall also have power to discharge any of
the inmates of said home, when in their judgment said inmate has become
an unsuitable person for such home, and such person when so discharged
503
Tit. VIII, Ch. 1.
COUNTY COMMISSIONERS.
§ (935-7).
shall resume the same power and authority as they originally possessed; pro-
vided, the said trustees, may in their discretion, return any of the inmates of
said home to the parents or guardians of such inmates, when they believe said
inmates are capable of earning and providing for themselves, or their parents
or guardian for them. [66 v. 8.]
(935-7) [Homes to be sought, children indentured, adopted, etc.]
It shall be the duty of said board of trustees to seek suitable homes for
all such children so committed, and indenture the same to such persons as
may be willing to rear the same; also to cause such children to be adopted by
parties willing to adopt such children; provided, that the person to whom such
child is indentured, or by whom such child is adopted, is deemed by said board
of trustees a suitable person, and the said superintendent shall enter into a book,
to be provided him by the commissioners of such county, the date when any of
the inmates of said institution shall be indentured or adopted, the name and
of such inmate, the name and place of residence of the person to whom
indentured or by whom adopted; and if indentured, a substantial statement of
the conditions of such indentures, which said book shall be at all times open
for inspection to any person interested in any of the inmates of such institu-
tion. [66 v. 8.]
age
As to conferring powers on Women's Christian Associations to place children in homes,
see (3794-1).
Sections 8 and 9 of the act of February 11, 1869 (66 v. 8), are as follows:
“SEC. 8.—[Quarterly and annual reports.] It shall be the duty of the said board of trustees, to report quar-
terly to the county commisssoners of said county the condition, wants and number of inmates in said insti-
tution, together with a detailed statement of all its receipts and expenditures for the preceding quarter. They
shall also, make an annual report to the court of commou pleas of said county, of the condition and wants
of the institution, the number of officers and employes in the same, the compensation paid to each, the
number of children in the institution, the gross receipts and expenditures of the institution for the preced-
ing year, the number of children received, and the number discharged and for what reason, and the number
indentured, which report shall be published by the court by giving it one insertion in some newspaper hav-
ing a general circulation in said county.
"SEC. 9. This act shall take effect and be in force from and after its passage.
SEC. 936. [District homes: how organized.] In accordance with the
purposes, provisions, and regulations of the foregoing sections, the commis-
sioners of any two or more adjoining counties, not to exceed four, may, when
in their opinion the public good demands it, form themselves into a joint
board, and proceed to organize a district for the establishment and support of
a children's home, and provide for the purchase of a site, and the erection of
necessary buildings thereon, in the manner and for the purposes herein before
set forth; but any grant or devise of land, donation or bequest of money or
other personal property, made by private individuals or parties for the use and
benefit of children's homes, and held in trust by special agents, executors of
estates, or other persons, may be accepted and used by the commissioners of
any county or district, on such terms as are agreed upon by said board, and the
persons, agents, or executors, holding the same. [73 v. 64, §8.]
SEC. 936a. [Acceptance and use of bequest.] When any person has
heretofore by his or her last will and testament bequeathed, or shall hereafter
bequeath his or her estate, or any part thereof, to the use and benefit of any
district children's home organized under the provisions of section 936, Revised
Statutes of Ohio, the trustees of any such children's home may accept and use
such bequest in such manner as they may deem for the best interests of the
institution, consistent with the provisions and conditions of the last will and
testament of the donor of any such bequest. [92 v. 382.]
SEC. 937. [Five trustees shall be appointed.] Immediately upon the
organization of the joint board, or as soon thereafter as practicable, there shall
be appointed five trustees, who shall hold and perform the duties of their
office, until the first annual meeting after the selection and purchase of a
building site, when there shall be appointed a board of five trustees, who shall
hold their office, one for the term of one year, one for the term of two years,
504
$$ 938-943.
COUNTY COMMISSIONERS.
Tit. VIII, Ch. 1.
one for the term of three years, one for the term of four years, and one for the
term of five years; and, annually, thereafter, said board of commissioners shall
appoint one trustee, who shall hold his office for the term of five years, and
until his successor is appointed and qualified: the annual meeting of the
board shall be held on the first Tuesday of May, in each year. [73 v. 64, §9.]
SEC. 938. [Location of district children's home.] The trustees shall
have power to select a suitable site for the location of such home, which must
be of easy access, and when, in the judgment of the trustees, equally con-
ducive to health, economy in purchase or in building, and to the general
interest of the home and inmates, as near as practicable to the geographical
center of the district, and where but two counties form a district, as near as
may be to the dividing line; each county in the district shall be entitled to
one trustee, and in districts composed of but two counties, each county be
entitled to not less than two trustees. The county wherein said children's
home is located, shall have not less than two trustees, who, in the interim of
the regular meetings of the board, shall act as an executive committee in the
discharge of all business pertaining to the home, except in districts composed
of but two counties, one trustee from each county shall compose said executive
committee. A majority of the trustees shall constitute a quorum, and their
meetings shall be held quarterly; they shall receive no compensation for their
services, except their actual traveling expenses, which, when properly certified,
shall be allowed and paid. [1881, April 9: 78 v.122; Rev. Stat. 1880; 73 v. 64, § 10.]
SEC. 939. [Trustees may be removed for cause.] The joint board of
commissioners shall have power to remove any trustee; but no removal shall
be made on account of religious or political opinion: the trustee appointed
to fill any vacancy shall hold his office for the unexpired term of his prede-
cessor, and until his successor is appointed and qualified. [73 v. 64, §11.]
SEC. 940. [Commissioners may delegate powers to trustees until build-
ing is erected.] In the interim, between the selection and purchase of a site,
and the erection and occupancy of the home, the commissioners may delegate
to the trustees such powers and duties as, in their judgment, will be of general
interest or aid to the institution: they may also appropriate, from time to time,
a trustees' fund, to be expended by the board of trustees in payment of such
contracts, purchases, or other expenses necessary to the wants or requirements
of the home, not otherwise provided for: the trustees shall make a complete
settlement with the board of commissioners once in six months, or quarterly,
if required; and also make a full report of the condition of the home and
inmates, as provided for trustees of a county home. [73 v. 64, § 12.]
SEC. 941. [Power to purchase site, stock, etc., vested in joint board.]
The purchase of site, stock, implements, and general equipments of farm,
should there be a farm, the erection of buildings, and completion and furnish-
ing of the home ready for occupancy, shall be in the hands of the joint board
of commissioners; but they may, if they see proper so to do, delegate all, or a
portion of, these duties to the board of trustees, under such restrictions and
regulations as they impose and provide. [73 v. 64, § 13.]
SEC. 942. [Cost of home paid by counties according to taxable prop-
erty.] The first cost of the home, and the cost of all betterments and additions
thereto, shall be paid by the counties comprising the district, in proportion to
the taxable property of each county, as shown by their respective duplicates, and
the current expense of maintaining the home and the cost of ordinary repairs
thereto, shall be paid by the counties comprising the district, in proportion to
the number of children from each county maintained in the home during the
year. [73 v. 64, § 14.]
SEC. 943. [Industrial pursuits may be established; taxation.] The
trustees of county or district children's homes, established under this or any.
505
Tit. VIII, Ch. 1.
COUNTY COMMISSIONERS.
§§ 944-950.
former law, shall have power to establish, in connection with such homes, such
industrial pursuits as they deem expedient; and the commissioners of all
counties wherein such homes are or may hereafter be established, and the com-
missioners of all counties forming parts of districts wherein such homes are or
may hereafter be established, are authorized to furnish, by taxation, the means
necessary to put into operation the object of this section. [73 v. 64, § 15.]
SEC. 944. [Commissioners and trustees of townships of adjoining
county not having a home may send children to home.] The commissioners.
and trustees of townships in counties in which no children's home or other
similar institution is located, and adjoining a county or district in which there
is such a home, may send to said home children for whom they have to pro-
vide, if the trustees of said home can receive them without detriment to
children of their own county or district; and the cost of maintaning these
children in such home shall be no greater than the per capita cost of suitably
providing for and educating the children of the county or district in the home
to which they are so sent. [1882, March 29: 79 v.58; Rev. Stat. 1880; 73 v.
64, §16.]
SEC. 945. [Children neglected and abused by parents may be sent to
home.] Children who are under the custody of parents, guardian or next
friend, and who, by reason of neglect, abuse, or from the moral depravity,
habitual drunkenness, incapacity or unwillingness of such legal custodian to
exercise proper care or discipline over them, are being brought up to lead idle,
vagrant, or criminal lives, shall, if the trustees of the township in which they
have a legal settlement, or the infirmary directors of the county, after a careful
and impartial investigation of the condition and facts, as they exist, deem it
manifestly requisite for the future welfare of such children, and for the benefit.
and protection of society, be committed to the guardianship of the trustees of
a county or district children's home. [93 v. 269; 73 v. 64, § 17.]
SEC. 946. [How such homes supported.] The board of commissioners
of any county having such home, and the joint board of commissioners of
district homes shall make annual assessments of taxes sufficient to support
and defray all necessary expenses of the home. [1882, March 29: 79 v. 58;
Rev. Stat. 1880; 73 v. 64, § 18.]
SEC. 947. [Auditors to adjust accounts every six months.] The audi-
tors of the several counties composing a children's home district, shall meet at
the home, not less than once in six months, to adjust accounts, and to transact
such other duties in connection with the institution as pertain to the business
of their office. [73 v. 64, § 19.]
SEC. 948. [Commissioners paid actual expenses.] The commissioners
who meet by appointment, to consider the propriety and expediency of organ-
izing such district, and the establishment of such children's home, shall, upon
presentation of accounts properly certified, be paid their necessary expenses
upon a warrant drawn for the same by the auditor of their county. [73 v. 64,
§ 20.]
SEC. 949. [Same laws apply to county and district homes.] All the
enactments and provisions of this chapter pertaining and relating to county
children's homes shall, so far as applicable, be in full force and effect in the
organization, support, and management of district children's homes. [73 v. 64,
$21.]
SEC. 950. [Powers of board of control in certain counties.] In coun-
ties where a board of control has been established by law, no action of the
county commissioners in relation to children's homes shall be valid, until the
same has been submitted to and approved by such board of control. [73 v. 64,
§ 23.]
506
$ (950-1).
COUNTY COMMISSIONERS.
Tit. VIII, Ch. 1.
(950-1) [Manner in which trustees of children's homes may assume
care of children in certain counties.] In any county of this state, con-
taining a city of the first class and second grade, in which an industrial school
or children's home has been, or hereafter may be established and put into
successful operation by any incorporated children's aid society or other benevo-
lent association for the exclusive purpose of reclaiming and educating neglected,
destitute and homeless children over four and less than sixteen years of age,
the trustees and managers of such institution may take under their guardian-
ship all children who may be placed under their care and management in
either of the following modes:
First-Children over four and under sixteen years of age, who are vol-
untarily surrendered by the father and mother, or in case of the death or long-
continued absence of the parent having such child or children in charge, by
their guardians, or next friend, to the care of such trustees and managers;
provided, always, that with the special consent and advice of such trustees
and managers, the proper officers or officer may receive and place in good
homes, as authorized in other cases, children who are under four years of age.
Second-Children under sixteen years of age, who, upon the application
of the trustees and managers, may be committed to their care by any judge
of probate court, court of common pleas, or mayor of any city, or by any
police judge in said county on account of vagrancy or exposure to want and
suffering, or neglect or abandonment by their parents or guardians, or other
persons having custody of such children, or in accordance with the request
of their mother or next friend in case of the habitual intemperance, abuse,
or neglect of their father; and such judge of probate court, court of common
pleas, or mayor or police judge, so committing any child to the care of the
trustees and managers of such institution, shall annex to the commitment an
abstract of the evidence taken by him, and on which his adjudication was
founded, which evidence shall be taken under oath; and a copy of such com-
mitment, certified to by the clerk or secretary of said institution, under the
seal of such society, shall be received in all courts of justice within this state,
as proof of the guardianship of said trustees or managers over said child, and
of their power to act under this law; said original commitment may also be so
used. [78 v. 154.]
(950-2) [Trustees to have guardianship of such children, and
may indenture same.] The trustees and managers of such institution shall
have the guardianship of such children during their minority, and may by its
president and secretary, or other officer duly appointed by said trustees,
indenture or apprentice such children so received into such school or home to
suitable guardians or masters, or place them in suitable homes, having a scru-
pulous regard to the good moral character of the persons with whom such
children are placed, and may also appear in any probate court by answer duly
'filed, and consent to the adoption of such child or children, as fully and
completely as the parents of such child could do were they present and capable
to consent thereto. [78 v. 154.]
As to placing children in homes by Women's Christian Associations, see ? (3794-1).
(950—3) [Agreement of indenture or adoption.] The trustees and
managers shall require an agreement to be entered into that each and every
child so placed or adopted, shall be furnished with good and sufficient food
and clothing, and a suitable common school education; the trustees and man-
agers may indenture any such child when in their judgment it may seem best,
and shall provide themselves with books in which shall be entered the age,
507
Tit. VIII, Ch. 1.
COUNTY COMMISSIONERS.
$ (950-4).
parentage, place of residence and present condition of every child received
into any such children's home or industrial school, [and they shall also cause
to be entered in such books the time when, the place where, and the persons
to whom any of the inmates of such children's home or industrial school]
have been placed for suitable homes, or indentured or caused to be adopted,
together with a copy of the contract entered into between the trustees and the
person receiving such child. [78 v. 154.]
As to placing children in homes by Women's Christian Associations, see ? (3794—1).
(950-4) [Child's services not assignable; revoking indenture.]
Any person receiving such child from the trustees and managers of such insti-
tution, shall not assign or transfer his or her services for any period without
the written consent of the trustees and managers, and if for any cause a
person so taking a child desires to be released from the contract, the trustees
or managers upon application may cancel the same, and resume the charge and
management of the child, and shall have the same powers and authority over
him as before the agreement was made. And the trustees may remove a child
from a home where they have placed, indentured, or caused the child to be
adopted, when in their judgment such home has become unsuitable, or the
adopted parents have become unworthy to have the care and control of such
child, and they shall in such cases resume the same powers and authority as
they originally possessed, but they may return any child to its parents when in
their judgment the best interests of the child will be subserved thereby, or
they may discharge him to care for himself when they shall deem him capable
of caring for himself. [78 v. 154.]
(950-5) [Taxation for home.] It shall be lawful for the county com-
missioners in any such county as specified in the first section [§(950-1)] of this
act, in which they have not established for such county, or in connection with
adjoining counties, a children's home as heretofore provided by law, to provide
by taxation, and appropriate from the county treasury a sufficient sum of money
to pay the superintendent and necessary attendants employed in any such
industrial school or children's home established as aforesaid, such reasonable
salaries for their services as may be approved by the county commissioners,
not to exceed in the aggregate the annual sum of three thousand dollars; but
in no case shall the provisions of this section apply to any industrial school
or children's home which is sectarian in its character, or conducted in the
interests of any religious sect or denomination. [78 v. 154.]
(950-6) [Commissioners of adjoining county may make contract
with trustees for care of their children.] The county commissioners of
any county adjoining the county where such school or home may be estab-
lished may, and they are hereby empowered to contract with said trustees or
managers for the custody, care and control of the poor and homeless children
of their respective counties, and to place them in such home or school and
to pay their expenses while there, not exceeding the sum of one hundred and
twenty-five dollars ($125) a year, out of the treasury of their said county;
and where such children are so placed and received, the trustees and man-
agers shall have and exercise the same power over them as is granted to the
trustees of the county or district homes by law. [78 v. 154.]
(950-7) [Trustees to make annual reports to county commis-
sioners.] It shall be the duty of the trustees of such industrial school or
children's home, when any appropriation for the benefit of the same is made
508
§ (950—8).
COUNTY COMMISSIONERS.
Tit. VIII, Ch. 1.
by the county commissioners of such county, for such trustees to report
annually to such commissioners the wants and operations of such industriał
school or children's home, including the number of inmates, the terms and
conditions upon which they were admitted, and to furnish also an accurate
account of all receipts and expenditures; and in cases where children have
been received from the county commissioners of other counties, a report shall
be made to them of the final or other disposition of such children. [78 v. 154.]
(950-8) [This act to remain in force although grade or class of city
changed.] In case a change of class or grade of any such city, as is mentioned
in the first section [§(950—1)] of this act should hereafter be made by law, such
change shall not affect the application of the provisions of this act to any such
city, but the same shall still remain in force as if no such change had been
made; and said supplementary act passed April 24, 1877, is hereby repealed,
saving all rights that may have been acquired under it, and this act shall take
effect and be in force from and after its passage. [78 v. 154.]
As to Cleveland farm school for children, see ? (2112-1) et seq.
(950-9) [Meigs county children's home.] The commissioners of Meigs
county are authorized, when in their opinion the public interests of said
county demand it, to submit the question of establishing a children's home,
and the issue of county bonds to provide funds for the purchase of a site, and
the erection thereon of suitable buildings for said home, to the qualified elect-
ors of said county, at any regular spring or fall election, to be held at the
usual place of holding elections, for ratification or approval, notice of said
election to be published at least four weeks in two or more newspapers printed
and of general circulation in said county, prior to taking such vote, together
with the maximum amount of money proposed to be expended in establishing
said home, and if a majority of electors voting on said proposition at such
election in said county, are in favor of establishing said home, then the com-
missioners of said county shall, with a board of trustees hereinafter provided
for, purchase a suitable site and erect the necessary buildings, to be styled the
children's home of Meigs county, and provide means, by taxation, for such
purchase of site and erection of suitable buildings thereon and support of the
same, and they are hereby authorized to receive and hold in trust, for the use
and benefit of said county home any grant or devise of land, or any donation,
or bequest of money, or other personal property that may be made for the
establishment or support of said home; the commissioners of said county for
this purpose are authorized to issue the bonds of said county in anticipation
of the collection of the taxes levied, or to be levied, for the purchase of the
necessary site and the erection of the necessary building, or for the purchase
of a suitable site and buildings already erected thereon, said bonds to bear
interest at a rate not to exceed seven per cent. per annum, and said bonds
shall not be sold for less than their par value: provided, that before any taxes
shall be levied by said commissioners for the payment of the interest and
bonds issued for the purchase of a site and the erection of buildings, or the
purchase of a suitable site and buildings already erected thereon, said commis-
sioners shall first set aside at each of their June and December sessions, after
the passage of this act, all sums of money in excess of one thousand dollars,
after paying all claims on account of the injury or destruction of sheep by
dogs, as is provided by act of May 5, 1877 (O. L., vol. 74, p. 177), entitled
an act for the protection of wool-growers and the confiscation of dogs," and
said fund shall be used for the payment of the interest and principal of said
bonds as the same becomes due, and should the same, from any cause what-
509
Tit. VIII, Ch. 1.
COUNTY COMMISSIONERS.
$ (950—10).
ever, be insufficient to meet the payment of the interest on the bonds, or either,
as the same becomes due, the commissioners are authorized to levy an additional
tax upon all the property of the county to pay said interest and bonds without
any default whatever, and in case the tax so levied cannot be collected in time
to meet the payment of said interest or bonds when due, said commissioners may
appropriate any money in the county treasury, belonging to the county, for the
payment of the same, and whenever said taxes are collected, a sufficient sum of
said taxes shall be applied to reimbursing the proper county fund for all money
paid therefrom on account of the payment of the interest and bonds aforesaid.
[76 v. 278.]
(950-10)
[Board of trustees thereof.] After a majority of the elec-
tors of said county, voting on the propositions submitted, have voted in favor
of the purchase or erection of said home, the county commissioners of said
county shall appoint a board of three trustees, who shall hold their offices as
follows: One for one year, one for two years, and one for three years, from the
first Monday of March, next after the appointment, and annually thereafter,
they shall appoint one trustee, who shall hold his office for the term of three
years, and until his successor is appointed and qualified. [1882, January 27;
79 v. 151; 76 v. 278, 279.]
(950-11) [Superintendent; his duties and compensation; other em-
ployes.] The board of trustees shall designate some suitable person, who shall
act as superintendent of said home, and who shall also be clerk of said board
of trustees, and he shall receive for his services such compensation as the trust-
ees designate at the time of his appointment; and he shall perform all such
duties, and give security for the faithful performance of them, as the trustees
by by-laws direct; the trustees shall not receive any compensation for their
services, and shall have the entire charge and control of said home and the
inmates therein; they may appoint a matron, assistant matron, and teachers,
whose duties shall be the care of the inmates of said home, to direct their
employment, giving suitable physical, mental, and moral training to them;
matron shall have the control, general management and supervision of the
household duties of said home, and the matron, assistant matron, and teachers
shall each perform such other duties, and receive for their services such com-
pensation as the trustees, by by-laws, from time to time direct, and they may
be removed at the pleasure of the trustees, or a majority of them. [76 v. 278.]
the
(950—12) [Who to be admitted; and a record to be kept.] The
home shall be an asylum for all persons resident of the county where such
home is located, under sixteen years of age (and such other persons under
such age from other counties in the state, where no home is located, as the
trustees of such home and the party, parties, or authorities having the custody
and control of such children, by contract agree upon), who, by reason of
abandonment by parents, or orphanage, or neglect, or inability of parents to
provide for them, in the opinion of the trustees, are suitable persons for such
provision, and they shall be admitted by the superintendent, on the order of
a majority of such trustees, accompanied by a statement of facts, signed by
them, setting forth the name, age, birthplace, and present condition of the per-
sons named in such order, which statement of facts contained in the order,
together with any additional facts connected with the history and condition of
said persons, shall be, by the superintendent, recorded in a book provided
him for that purpose by the commissioners of such county, which book shall
be at all times open for inspection. [76 v. 278.]
510
§ (950—13).
COUNTY COMMISSIONERS..
Tit. VIII, Ch. 1.
(950-13) [Sole control of inmates; discharge.] All the inmates
who have been neglected or abandoned as aforesaid, or who have been
by the parent or guardian voluntarily surrendered to the trustees, shall be
under the sole and exclusive guardianship and control of the trustees, during
their stay in said home, and until they arrive at the age of sixteen years; and
said trustees shall also have power to discharge any of the inmates of said
home, and when so discharged, the parent or guardian shall resume power
and authority; and the trustees may return any of the inmates of said home
to the parents or guardians of such inmates, when they believe them capable
of caring and providing for themselves, or their parents or guardians for them.
[76 v. 278.]
(950-14) [Trustees to find homes; power to revoke; record.]
The trustees shall seek and make all due and proper effort to obtain suitable
homes for all such children so committed, and indenture or allow them to be
adopted: provided, that the person to whom any child is indentured, or by
whom any child is adopted, is deemed by the trustees to be, upon careful
inquiry and satisfactory evidence, a suitable person; and the superintendent
shall enter in a book, to be provided him by the county commissioners, the
date when any of the inmates are indentured or adopted, the name and age of
such inmate, the name and place of residence of the person to whom indent-
ured, or by whom adopted; and if indentured, a statement of the conditions
of such indentures, which book shall be at all times open for inspection to any
person interested; and the trustees may, at any time, vacate such indentures
when, in their opinion, the welfare of any child demands it. [76 v. 278.]
As to placing children in homes by Women's Christian Associations, see ? (3794—1).
(950-15) [Reports of trustees.] The board of trustees shall report,
quarterly, to the commissioners of the county the condition of the home, and
make an annual report, in writing, of the condition, wants, and operations of
the same, including the number of inmates, and if from other counties, the
terms upon which they were admitted, and furnish, also, an accurate account
of all receipts and expenditures. [76 v. 278.]
(950-16) [Committee of visitors appointed.] The judge aforesaid
shall appoint a committee of visitors for said home, which shall consist of
three women, residents of said county, whose term of service shall be as fol-
lows: One for one year, one for two years, and one for three years, from and
after the first Monday in March next after their appointment, and annually
thereafter, said judge aforesaid shall appoint one visitor (a woman), who shall
serve as such for three years, and until her successor is appointed and quali-
fied; said visitors to serve without compensation, except necessary traveling
expense, which shall be paid out of the county treasury, on the warrant of the
county auditor; an itemized account of said expense having first been certified
to the auditor by the trustees of said home. [76 v. 278.]
(950-17) [Duties of such visitors.] Said visitors shall have access
to said home at all reasonable hours, and are fully authorized to examine
into the management of said home and the manner in which the inmates of
said home are cared for in every particular, as to their wants, their comforts,
their moral and secular training, and any and all other matters pertaining to
said home, and are required to report, in writing, to the board of county
commissioners at their June and December sessions of each year fully the
condition of said home in all matters pertaining to the welfare of the inmates
therein, and said board of commissioners shall cause said reports to be imme-
diately thereafter published in the same manner as the county commissioners'
annual reports are now published. [76 v. 278.]
511
Tit. VIII, Ch. 1.
COUNTY COMMISSIONERS.
HAMILTON COUNTY.
$$ 951-953.
Transcribing records by recorder of Hamilton county, see ?906a.
Hamilton county morgue, see ? (922—2).
Stationary storekeeper in Hamilton county, 87 v. 439. Act held void because he is an officer, and hence
to be elected and not appointed: State v. Brennan, 49 O. S. 33.
SEC. 951. [Special provision as to Hamilton county.] In Hamilton
county the board of commissioners shall provide suitable rooms in the court-
house, in which to meet and transact business; and shall also provide the
necessary blank books in which to keep a daily journal of its proceedings, and
its records; and also provide office furniture, fuel, and the stationery neces-
sary for said board. [75 v. 157, § 1.]
SEC. 952. [Organization and proceedings of board of county commis-
sioners of Hamilton county: duties; clerk, and his duties.] A majority of
the members shall constitute a quorum for the transaction of business. All
proceedings of the board shall be public; it shall determine the rules of its
proceedings, which shall be, as far as practicable, in accordance with parlia-
mentary law; it shall keep a journal of the proceedings, which shall be open
to public inspection during ordinary business hours, except when in use by
the board. The members shall elect from their own body a president, who
shall preside at its meetings, and whose term of office as such shall end on the
Saturday preceding the first Monday in December of each year. The members
of the board shall perform the duties now required of them by law, and shall
give their personal attention to all public work under their charge during con-
struction, and at such other times as is necessary. The board, by its rules,
shall fix certain days of the week which shall be devoted to public session of
the board, at which all members are required to attend. The board shall elect
at its first session, after the passage of this act, a clerk, who shall keep an accu-
rate daily journal of all proceedings of the board, and make a record of pro-
ceedings, required by law to be recorded, and file away all documents, maps
and papers in alphabetical and numerical order, and carefully preserve the
same, as well as preserve all journals and records belonging to the board.
[1882, March 23: 79 v. 48; Rev. Stat. 1880; 75 v. 157, §2.]
SEC. 953. [Clerk to give bond; his oath, etc.; vacancy in office of
clerk how filled; clerk's fees.] The clerk when appointed previous to
entering upon the duties of his office, shall give a bond to the state, with two
or more sureties, to the acceptance of the probate judge of the county, in the
sum of two thousand dollars, conditioned for the faithful discharge of the
duties of his office, which bond, with his oath of office indorsed thereon shall
be deposited with the treasurer of the county, who shall record and faithfully
preserve the same in his office. The clerk of the board shall hold his office
for the term of one year, or until his successor is elected and qualified, and
shall be entitled to receive such salary as the board of commissioners of said
county shall designate, not to exceed the sum of eighteen hundred ($1,800)
dollars per annum; he shall be provided with a seal of office, in the center
of which shall be the name of the county and around the margin the words,
board of county commissioners. The board shall have power at any regular
meeting to fill the vacancy of the clerk for the unexpired term caused by
death, resignation, removal or otherwise. Transcripts, orders and certificates,
when duly certified to by the president of the board, and the clerk, with the
seal attached, shall be received as evidence in any court of the state, and for
the same similar fees shall be paid the clerk as are allowed county officials for
like services, and all sums thus received shall be by said clerk entered in a
book to be kept for that purpose, and the gross amount thus received shall by
him be paid into the county treasury, and credited to the fee fund; but when
any such transcripts, orders and certificates are prepared on behalf of the
512
$ 954.
COUNTY COMMISSIONERS.
Tit. VIII, Ch. 1.
county, by order of the commissioners, no fee shall be allowed. [92 v. 420;
79 v. 48; Rev. Stat. 1880; 75 v. 157, § 3.]
SEC. 954. [County auditor not to act as clerk of the board.] The
county auditor in said county shall aid the commissioners in the performance
of their duties, by his presence, advice, and information, which he is required
to give in all matters pertaining to the duties of county auditor or county
commissioners, when requested in writing by any member of the board: the
county auditor in said county is required to perform all duties in aid of the
commissioners now required by law, but he shall neither act as their secretary,
nor appoint a deputy to act as such, nor have control of their books, docu-
ments, furniture, or office. [75 v. 157, §4.]
SEC. 955. [County auditor shall turn over certain books and papers
to commissioners.] All books, papers, plats, records, journals, petitions, and
all other matters and things whatever, in any wise relating or appertaining to,
or necessary to the business of the commissioners, and to county and state
roads, free turnpikes, and all applications for road improvements, and all
accompanying papers now or heretofore in the custody or under the control of
the auditor of said county, or on file in his office, shall be, by him, placed in
charge of said board of county commissioners, to be kept by it in some con-
venient place in its office, open at all times to the inspection of the public.
[75 v. 157, §5.]
SEC. 956. [Plats, surveys, etc., for road improvements shall be kept in
commissioners' office.] In said county, all plats, profiles, and surveys, on
applications for road improvements, when the application fails, and the county
commissioners refuse to order the constructing of the road, shall be carefully
preserved in the office of the board of county commissioners, and in case a new
application for the same road, or any part thereof, is made, and said plats,
profiles, or surveys, or any part thereof, are used by the county commissioners
(the authority to do which is conferred on said commissioners), the persons
originally charged with the cost of the same, shall be paid for all or such part
of said plats, profiles, or surveys as are so used, in the manner now provided
by law. [75 v. 157, § 6.]
CUYAHOGA COUNTY PRINTING ACT.
(956-1) [Cuyahoga county officers to furnish auditor annual esti-
mates of printing, stationery, etc., required.] In any county containing a
city of the second grade of the first class, it shall be the duty of each and
every county officer, or head of a department, on or before the first day of
March of each and every year, to furnish the county auditor with an estimate,
with accompanying samples or specifications, of all printing, stationery and
blank work, of every kind and description, and all other office supplies needed
in his department. [85 v. 67.]
(956-2) [Auditor to advertise for proposals; opening of bids;
letting of contracts; bond required.] Within ten days after receiving
said estimates, the county auditor shall advertise, for a period of ten days
in a daily newspaper, for bids for the furnishing of said supplies and the doing
of said work, for the period of one year, to be furnished at such times and in
such quantities as the various county officers or departments may require and
order, and the bids, when received, shall be opened by the county commission-
ers and the county auditor, and said county commissioners shall enter into con-
tract with the lowest bidder or bidders; they shall also fix the amount of a
bond which shall accompany each bid, binding the bidder or bidders to enter
into a contract, in case a contract is entered into, and also fix the amount of a
bond which shall accompany each contract, binding the parties entering into
513
Tit. VIII, Ch. 1.
COUNTY COMMISSIONERS.
§ (956-3).
said contract to faithfully comply with its requirements in every respect. [85
v. 67.]
(956-3) [Auditor to purchase and issue all stationery, etc; to
keep a record thereof; transcript of all bills to be recorded.] The county
auditor shall order and purchase all supplies contemplated in this act, so far
as the same relates to printing, paper, envelopes, stationery sundries, and mis-
cellaneous supplies; and he shall issue the same upon the written requisition'
of the several officers and heads of the departments of the county government.
He shall keep a record of all such purchases and requisitions in a book pro-
vided for that purpose, and shall make therefrom a semi-annual report in detail
to the commissioners. A transcript of all bills for printing, stationery and
blank work of every description used in the several departments, shall be filed
with the county auditor, who shall enter the same upon the record, and include
the same in his report as herein provided. [85 v. 67.]
(956-4) [Printing not to be ordered or supplies purchased by any
other officers.] No officer or head of any department of any county contain-
ing a city of the second grade of the first class, shall order printing done, or
supplies of any kind provided for in this act, except in accordance with the
terms of this act, and no claim for such printing or supplies shall be paid
unless it is incurred according to the provisions of this act. [85 v. 67.]
(956-5) [Printing of annual county reports or statements.] No
officer, department, or head of any department of any county containing a
city of the second grade of the first class, shall be permitted to order any an-
nual reports or statement printed at the expense of the county, except by
order of the county commissioners. [85 v. 67.]
(956-6) [No bills to be contracted except under this act.] No bills
for such printing and supplies as are contemplated by this act shall be
allowed, unless they are contracted for under the provisions of this act. [85
v. 67.]
(956-7) [Auditor to indorse all bills.] All bills contracted under
the provisions of this act, before they are paid, shall have the endorsement of
the county auditor to the effect that they are in accordance with the contract.
[85 v. 67.]
See Chapter 4, Title 8, Part I, 22 1013-1078, relating to county auditor.
34
་
514
§ 957.
INFIRMARY DIRECTORS.
Tit. VIII, Ch. 2.
SECTION.
CHAPTER 2.
INFIRMARY DIRECTORS.
957. Infirmary directors; election, number and
term.
957b. [Repealed.]
SECTION
974-1. [Repealed.]
974-2. [Repealed.]
974-3. [Repealed.]
975. Medical relief in townships; infirmary direc-
tors may contract for same.
958. Election in county on completion of infirmary;
terms.
959. How vacancy filled, and when board may be ap-
pointed.
976.
960. Bond.
Directors may contract with private homes for
care of dependent children; cost of mainte-
nance; how determined.
961. Their organization, quorum, powers, and duties,
meetings, and record.
977.
[Repealed.]
978.
[Repealed.]
962. Board to appoint superintendent and fix his
salary; director not eligible to any employ-
ment; duties of superintendent; whom he
shall receive; his bond and oath; further
duties of the superintendent.
979.
980.
963. Reserve fund for supplies to be paid to the
superintendent.
Inmates of infirmaries to be charged for cost of
of their maintenance by directors in all cases
when such inmates are owners of property,
real or personal; [accounts;] how kept.
Estate of inmates; disposition of, by directors
in case of discharge or death.
981.
964. Annual certificates to county auditor; repairs
and improvements.
982.
Real estate of paupers; how disposed of.
[Repealed.]
983.
[Repealed.]
964a. Additional levy authorized.
984.
965. County auditor shall receive and pay vouchers.
966. Directors to inspect institutions.
Directors not to furnish supplies; applies to
superintendent and other officers.
985.
967. Directors and their semi-annual report.
968. Compensation of infirmary directors; amount
of; by whom allowed and by whom paid.
986.
Penalty for bringing pauper into city, township
or county with intent to charge with support.
Powers vested in directors of infirmary in
Hamilton county.
968a. [Repealed.]
987.
Plans, etc., to be made.
988.
970. [Repealed.]
Shall be submitted to commissioners and board
of control.
971. [Repealed.]
989.
Notice of proposals shall be published by county
auditor.
972. [Repealed.]
969. Directors may remove certain persons.
971-1. Insane or epileptic excluded from infirmary.
973. [Repealed.]
974. Duties of trustees and directors in cases of out-
side relief; costs of relief; how paid; re-
ports to board of state charities; to contain
what.
990. Contracts, how made, etc.
991. Warrants shall be drawn by county auditor, etc.
992. Tax levy for deficiency.
993. Salaries of infirmary directors in Hamilton
county.
(1499-4).
Contract for care of deaf and dumb with corporation organized for such purpose, see
? (3881-1).
May require performance of labor by recipient of public relief, see
Outside relief in Lucas county if removal to county infirmary inexpedient, see
? (2174-1).
For further legislation, see "an act for the protection of children" (80 v. 102),
? (7377-4) et seq.
For acts defining the legal residence of electors who may be inmates of infirmaries in
certain cities and counties (84 v. 124; 85 v. 78; 86 v. 244), see ? (2974-1) et seq.
Cost for maintaining persons over fifteen years of age at custodial department of insti-
tution for feeble minded youth not to exceed per capita cost to county of supporting the
inmates at its infirmary, see ? (674—3).
Plans for new or for alterations or additions before adoption must be submitted to board
of state charities, see ?656.
SEC. 957. [Infirmary directors; election, number and term.] In every
county in which there is a county infirmary, there shall be a board of infirm-
ary directors, composed of three persons, one of whom shall be chosen every
year, and shall hold his office for three years, commencing on the first Monday
in September next after his election. They shall be chosen by the electors of
the county, unless part of the county is not taxed for the support of the county
infirmary, in which case they shall be voted for only by residents of the terri-
tory so taxed. [93 v. 261; 83 v. 198; Rev. Stat. 1880; 73 v. 233, § 1; (S. &
S. 530).]
The above section was amended 91 v. 193, 237, making an exception as to Huron and
Erie counties by imposing the duties of infirmary directors upon the county commis-
sioners, but the section as amended was held unconstitutional because support of the poor
is of a general nature, and hence excepting a county is not uniformity: State ex rel. v.
Bargus, 53 O. S. 94.
515
Tit. VIII, Ch. 2.
INFIRMARY DIRECTORS.
§§ 9576-962.
SEC. 957b. [Abolished in Tuscarawas county and duties vested in
commissioners.] [Repealed, 93 v. 276; 91 v. 429; 91 v. 208.]
See note to ? 957.
SEC. 958. [Election in county on completion of infirmary; terms.]
In each county in which the county infirmary has not yet been completed,
there shall be elected, at the first election of county officers after the comple-
tion thereof, a board of three infirmary directors, one for one year, one for two
years, and one for three years, the term of office commencing as above, and
annually thereafter, there shall be elected one infirmary director, for the term
of three years. [93 v. 262; 73 v. 233, § 1; (S. & S. 530; S. & C. 930).]
SEC. 959. [Vacancy, how filled, and when board may be appointed.]
If a vacancy occur in a board of infirmary directors, the county commissioners
shall fill such vacancy; and on the completion of the county infirmary, in a
county not having a board of infirmary directors, if the commissioners think
the public interests require the services of a board, before the same can be
elected and qualified under the preceding sections, the commissioners may ap-
point three directors to serve till the board is established, as aforesaid. [93 v.
262; 73 v. 233, § 2; (S. & S. 531).]
SEC. 960. [Bond.] Each infirmary director shall, before entering on the
discharge of his duties, give bond to the state, with two or more sureties, in
any sum not more than thirty thousand dollars nor less than two thousand
dollars, to the acceptance of the county commissioners, conditioned for the
faithful performance of his duties; which board, with the approval of the com-
missioners and the oath of office endorsed thereon, shall be deposited with the
county treasurer. [93 v. 262; 73 v. 233, §1.]
SEC. 961. [Organization; quorum; a corporate body; general pow-
ers; quarterly and special meetings; record.] The board shall organize by
appointing one member president, and another, clerk, and a majority shall
form a quorum. The board shall be a body corporate and politic, with perpet-
ual succession, and shall be known by the name of the board of infirmary
directors of
county, and by that name may sue and be sued, defend
and be defended, in any court within the state; the board may have a common
seal, with the coat of arms of the state, together with the name of the infirm-
ary thereon, which it may alter or change. It shall make all such contracts
and purchases as are necessary for the institution, and shall prescribe such
rules and regulations as it thinks proper for the management and good govern-
ment of the same, and for inducing the practice of sobriety, morality, and in-
dustry among its inmates. It shall meet not oftener than once a month at the
infirmary, but the president may call a special meeting of the board at any
time he deems it necessary. The directors shall keep a book, in which the
clerk shall record the proceedings of their meetings and all their transactions,
which book shall at all times be open to to the inspection of the public.
v. 262; 73 v. 233, §§ 1, 3; (S. & S. 531; S. & C. 927).]
[93
SEC. 962. [Board to appoint a superintendent, and fix his salary ;
director not eligible to any employment by board; duties of the superin-
tendent; whom he shall receive; his bond and oath; further duties of the
superintendent.] The directors shall appoint a superintendent, who shall
reside in some apartment of the infirmary or other building contiguous thereto,
and shall receive such compensation for his service as they determine. He
shall perform such duties as they may impose upon him, and be governed in
all respects by their rules and regulations, and he shall not be removed by them
except for good and sufficient cause; but in no case shall the directors appoint
one of their own number, superintendent, nor shall any director be eligible to
hold any other office, directly or indirectly, in the infirmary, or receive any
t
516
§§ 963-964.
INFIRMARY DIRECTORS.
Tit. VIII, Ch. 2.
compensation whatever, as physician, or otherwise, either directly or indirectly,
wherein the appointing power is vested in the board of directors. The super-
intendent shall require all persons received into the infirmary to perform such
reasonable and moderate labor as is suited to their age and bodily strength;
and the directors shall sell all products of the infirmary, not necessary for the
use of the same, and all moneys arising therefrom shall be paid into the
county treasury, to be placed to the credit of the poor fund, to be paid out by
the board of directors as exigency requires. The superintendent shall receive
into the infirmary any person who produces to him such an order or voucher
as is required by law; but the directors may confer upon him the authority
to discharge inmates of the infirmary; and he shall enter in a book, to be pro-
vided for him and kept for that purpose, the following information, so far as
it can be ascertained, in reference to every person so received into the infirm-
ary: Name, sex, age, nativity, date of admission, length of residence in the
state, length of residence in the county, from what township received, whether
the person so received is insane, idiotic or epileptic, whether diseased, de-
formed, crippled, blind, or deaf and dumb, the date of discharge from the in-
firmary and reasons therefor; the date of all deaths and causes of same, the
number of births and the parentage of all children born in the infirmary. The
superintendent shall, before entering upon his duties, execute a bond, with
two or more sureties to the acceptance of the directors, in a sum not less than
two thousand nor more than twenty thousand dollars as they may require,
payable to the state, and conditioned for the faithful discharge of his duties;
which bond, with the approval of the board and his oath of office indorsed
thereon, shall be deposited with the county treasurer; and the superintendent
shall require itemized bills for all labor performed under his direction, or
articles purchased by him, and provided for the use of the infirmary or the
farm connected therewith, and he shall certify over his official signature, on
the back thereof, to the correctness of the same, and that such labor was per-
formed or articles delivered for the uses aforesaid. [93 v. 262; 73 v. 233, 8;
(S. & S. 531; S. & C. 927).]
The duties of infirmary director and of superintendent are incompatible, and can not be legally held by
the same person at the same time; and the appointment of a director to the office of superintendent is illegal
and void: State v. Taylor, 12 O. S. 130.
The county can withhold from the salary due the superintendent, the amount necessary to pay the
taxes of the superintendent and this when proceedings in aid are instituted against the superintendent: 5 N.
P. 155.
SEC. 963. [Reserve fund for supplies to be paid to the superintendent.]
A reserve fund shall be set apart out of the poor fund by the directors, not ex-
ceeding at any time, two hundred dollars, at the request of the superintendent,
and upon their order be paid to the superintendent, and expended by him
as needed, for current supplies and expenses, and of this fund the superintend-
ent shall keep an accurate account, and all expenditures thereof shall be aud-
ited by the board; and when, and as often as the same is entirely disbursed,
the county auditor shall, on the order of the board of directors, pay to the
superintendent the amount so authorized by the directors. [93 v. 263; 73 v.
233, § 5.]
SEC. 964. [Annual certificate to county auditor; repairs and improve-
ments.] The board of infirmary directors shall on the first Monday in March
annually, certify to the county auditor the amount of money they will need.
for the support of the infirmary for the ensuing year, including the amount for
all needful repairs at the infirmary; and the county auditor shall place the
amount so certified by the infirmary directors on the tax duplicate of the
county, and said infirmary directors shall have full control of said poor fund
and shall be held responsible for the same. [93 v. 264; 83 v. 202; 79 v. 135;
Rev. Stat. 1880; 73 v. 233, § 6.]
517
Tit. VIII, Ch. 2.
INFIRMARY DIRECTORS.
$$ 964a-968.
SEC. 964a. [Additional levy authorized.] Whenever in any county
the funds applicable thereto are not sufficient for the support of the the
poor,
infirmary directors may levy for that purpose, in addition to the levies other-
wise authorized, any rate not exceeding six-tenths of a mill on the dollar of
valuation. [93 v. 264.]
SEC. 965. [County auditor shall receive vouchers.] The auditor shall
receive any vouchers given by the directors, and countersigned by the clerk,
to any person or persons, other than the directors themselves, for labor, provi-
sions, medical attendance, or supplies of any kind furnished to said institu-
tion, and shall give such person a warrant on the county treasurer for the
proper amount, who shall pay the same out of the county poor fund and such
vouchers shall show the specific item or items allowed by the directors, or shall
be accompanied by a written statement showing the items so allowed. [93 v.
264; 73 v. 233, § 7.]
SEC. 966. [Directors to inspect institution.] At each monthly meeting,
and at such other times as they may deem it necessary, the directors shall
carefully examine the condition of the institution, and the inmates, the man-
ner in which they are fed, clothed and otherwise provided for and treated;
they shall ascertain what labor they are required to perform, and shall inspect
the books and accounts of the superintendent. [93 v. 264; 73 v. 233, § 9.]
SEC. 967. [Directors shall make reports to county commissioners.]
The directors shall on the first Monday of March and September of each year,
report to the commissioners of the county the condition of the infirmary,
number of inmates therein, and such other information as the board thinks
proper, with a full account of all moneys received and paid out, together with
vouchers, and from whence received, to whom and for what paid out; and such
report, when made, shall be examined by the commissioners, and if found cor-
rect and allowed by them, shall be entered in the minutes of their proceedings;
but no item in the account shall be allowed for which there is not a proper
voucher; and the report and vouchers shall be filed in the auditor's office, and
safely preserved by him; and in their September report the directors shall
give the statistical information for the year preceding the first day of that
month as provided for under section 962. Said report to show the whole num-
ber of inmates at beginning of year; number received during the year; num-
ber born in the infirmary; total number of inmates for the year; number
discharged during the year; number of deaths during the year; number re-
moved to other counties, states or institutions; whole number remaining;
daily average; whole number of children under sixteen years of age; how
many placed in homes; how many children remaining-boys, girls; of the
number of children remaining how many of sound mind; how many children
helplessly crippled; how many insane-males, females; how many epileptics—
males, females; how many idiotic-males, females; total current expenses of
infirmary, exclusive of farm products, for the year; total value of farm prod-
ucts for the year; total amount paid in the county for outdoor relief during
the year; amount of salaries during the year, superintendent, matron, teacher;
amount of wages paid employes; amount per diem and expenses of infirmary
directors for the year. [93 v. 264; 73 v. 233, § 10; (S. & C. 928).]
SEC. 968. [Compensation of infirmary directors; amount of; by whom
allowed and by whom paid.] Each infirmary director shall be allowed, in
addition to his actual traveling expenses, $2.50 for each day he is employed in
his official duties. He shall present an itemized account of his services and
expenses in the discharge of his official duties to the board of directors at a
regular meeting; said account after being approved by said board, shall be
submitted to the board of county commissioners at a regular session of said
518
$968a.
INFIRMARY DIRECTORS.
Tit. VIII, Ch. 2.
board, who upon their approval thereof, shall allow the same to be paid out
of the county fund on the order of the county auditor. [93 v. 265; 82 v. 14;
Rev. Stat. 1880; 73 v. 233, §4.]
Compensation in Cuyahoga county, see ? (2170-1).
Compensation in Lucas county, see 91 v. 744.
Salaries of, in Darke county, 93 v. 557.
SEC. 968a. [In Seneca Co., weekly visits and salary.]
v. 276; 91 v. 201.]
[Repealed, 93
SEC. 969. [Directors may remove certain persons.] The board of in-
firmary directors of any infirmary may remove any person becoming a charge
upon the county, who has no legal settlement in the state, to the county and
state where such person has a legal settlement. [93 v. 265; 73 v. 233, § 17.]
SEC. 970. [Separate rooms for lunatics, etc., in infirmaries.] [Repealed,
93 v. 276; 83 v. 196, 197; Rev. Stat. 1880; 51 v. 375, §1; (S. & C. 853).]
See also ? (721—3).
A pauper without a legal settlement is entitled to support till removed: Cincinnati Tp. v. Ogden, 5 O. 23.
SEC. 971. [Their admission to infirmaries; pay patients.] [Repealed,
93 v. 276; 83 v. 196, 197; Rev. Stat. 1880; 51 v. 375, §2: (S. & C. 853).]
A guardian who knowingly allows his insane ward to be sent to the infirmary by the probate judge and
leaves him there, is liable for his keep: Infirmary Directors v. Merkle, 4 O. D. 190; 3 N. P. 169.
(971-1) SEC. 5. [Insane or epileptic excluded from infirmaries.]
That on and after June 1, 1900, it shall be unlawful to receive, or keep, at any
county infirmary in the state of Ohio, any insane or epileptic persons, and all
sections authorizing the receiving or committing of such insane and epileptic
persons to the infirmaries of the state are hereby repealed. [93 v. 274.]
SEC. 972. [Those in jail to be transferred to infirmary.] [Repealed,
93 v. 276; 51 v. 375, §3; (S. & C. 853).]
SEC. 973. [Construction of this chapter.] [Repealed, 93 v. 276; 51 v.
375, § 4; (S. & C. 853).]
SEC. 974. [Duty of trustees and directors as to outside relief; costs
of relief, how paid; reports to board of state charities, to contain what.]
When, in any county having an infirmary, the trustees of a city or township
shall, after making the inquiry provided for, be of the opinion that the person
complained of is entitled to admission to the county infirmary, they shall
forthwith transmit a statement of said facts, so far as they have been able to
ascertain the same, to the infirmary directors, and if it appears that such
person is legally settled in said township or has no legal settlement in this
state, or that such settlement is unknown, and the directors are satisfied that
said person should become a county charge, they shall forthwith receive said.
person and provide for him or her in said institution, or otherwise, and there-
upon the liabilities of the township in the case shall cease, but the infirmary
directors shall not be liable for any relief furnished, or expenses incurred by
the township trustees. The infirmary directors shall report quarterly to the
board of state charities, the names of all persons to whom relief has been
given outside of the infirmary, whether medical or otherwise, together with
their age, sex and nationality, whether such persons are married or single, and
if married the number of persons in the family, and the ages of each; also
the reasons for extending relief, the nature of the relief given, the amount of
same, and any other information that may be prescribed by said board. [93 v.
83 v. 202, 203; 80 v. 108; Rev. Stat. 1880; 74 v. 32, § 24; 76 v. 10, § 1.]
(974-1) [Medical relief for township paupers.] [Repealed, 93 v. 276;
79 v. 90.]
(974-2) [To whom contracts therefor shall be given.] [Repealed,
93 v. 276; 79 v. 90.]
519
Tit. VIII, Ch. 2.
INFIRMARY DIRECTORS.
§ (974—3).
(974-3) [Directors may discharge any physicians.] [Repealed, 93 v.
276; 79 v. 90.]
Similar act as to Wayne county, 87 v. 109.
See? 1491 as to duty of township trustees with reference to the poor.
SEC. 975. [Medical relief in townships; infirmary directors may con-
tract for same.] In all counties of the state of Ohio, the infirmary directors
may contract with one or more competent physicians, to furnish medical relief
and medicines necessary for the persons of their respective townships, who come
under their charge, but no such contracts shall extend beyond one year. Said
contracts shall be given to the lowest competent bidder, the directors reserving
the right to reject any or all bids. Said physicians shall report quarterly to
said infirmary directors on blanks to be furnished by said directors, the names
of all persons to whom they have furnished medical relief or medicines, the
number of visits made in attending such persons, the character of the disease,
and such other information as may be required by said directors. Said direc-
tors shall have the power to discharge any of said physicians for proper cause.
[93 v. 266; 73 v. 233, § 25. Repealed April 16, 1896, 92 v. 170.]
Outside relief in Lucas county if removal to infirmary is inexpedient, see ? (2174-1).
Held not to cover case of non-resident insane patient: State ex rel. Wilson v. Ritt, (Ham. Dist. Court),
5 W. L. B. 412.
SEC. 976. [Directors may contract with private homes for care of de-
pendent children; cost of maintenance; how determined.] In the several
counties of this state where there is not a children's home established or main-
tained under the laws passed for that purpose, and where there is such a home
established by private charity or otherwise, the infirmary directors of any such
county or the superintendent of any corporation infirmary therein, shall have
authority, in case any child under sixteen years of age, of a sound mind, and
free from all infectious or contagious diseases, becomes a county or township
charge, to transfer such child to said home established and maintained by pri-
vate charity or otherwise, instead of committing it to the county or corpora-
tion infirmary; but the cost for maintaining such child shall be the same as
in similar institutions while it remains a public charge. [93 v. 266; 83 v. 196,
197; Rev. Stat. 1880; 73 v. 233, § 26.]
See additional laws referred to at the head of this chapter.
SEC. 977. [Directors empowered to apprentice paupers.] [Repealed,
93 v. 276; 73 v. 233, § 27; (S. & S. 532; S. & C. 928).]
SEC. 978. [Superintendent may discharge convalescent paupers.]
[Repealed, 93 276; 73 v. 233, § 28; (S. & S. 532; S. & C. 929).]
SEC. 979. [Inmates of infirmaries to be charged for cost of their main-
tenance when such inmates own property, real or personal; accounts; how
kept.] When any person becomes a county charge, whether insane or other-
wise, and such person is possessed of, or is the owner of property, whether real
or personal, or has an interest in remainder, or is in any other manner legally
entitled to gift or legacy, or bequest, of whatever nature or kind the same may
be, the infirmary directors or board of administration or directors of any cor-
poration infirmary shall take possession of all such property or other interest
such person is entitled to, and as soon thereafter as they deem proper, sell or
dispose of the same, the real estate to be sold as hereinafter provided; and the
net proceeds arising therefrom shall be applied in whole or in part, under the
special direction of the said infirmary directors or said board of administration
or directors of said corporation infirmary, in such manner as they think best
to the maintenance of such person, during the continuance of such person in
said infirmary, and the net proceeds arising from the sale of any property be-
longing to such person shall be paid over to the county treasurer, and by him
520
§§ 980-984.
INFIRMARY DIRECTORS.
Tit. VIII, Ch. 2.
placed to the credit of such person to be paid out on the warrant of the county
auditor, approved by the county commissioners; and the clerk shall open an
account with said person and charge him with board, and such specific items
as are furnished for his exclusive use, which account shall be approved by the
board of infirmary directors or the proper officers of said corporation infirmary,
and shall be submitted to the county commissioners on the first Monday of
March and September, of each year, when the infirmary directors or the super-
intendent of said corporation infirmary make their reports. [93 v. 266; 73 v.
233, § 29; (S. & S. 533; S. & C. 931).]
As to pauper's property if there is no infirmary, see? 1500.
See note to Kissell v. Gram, 4 N. P. 333, under ? 6302.
SEC. 980. [Estate of inmates; disposition of, in case of discharge or
death.] Upon the death of an inmate of an infirmary, or who is in a lawful
manner discharged therefrom, whose property or effects have been disposed of,
and the avails thereof applied as provided for in the preceding section, if there
remains a balance due and in favor of said person on the books of the institu-
tion, such balance shall be paid by the directors to said person discharged, or
in case of death to his or her legal representatives. [93 v. 267; 73 v. 233, §30;
(S. & S. 533; S. & C. 931).]
SEC. 981. [Real estate of paupers; how disposed of.] When a person
becomes a county charge, or the inmate of a corporation infirmary, whether
insane or otherwise, and such person is possessed of, or is the owner of real
estate, or has an interest in reversion, or is in any manner legally entitled to
any gift, legacy, or bequest, in real estate, the directors or proper officers of said
corporation infirmary shall take possession of all such property or other interest
such person is entitled to, and when they deem advisable and to the best in-
terest of said person shall proceed to sell the same, and they shall file a petition
for that purpose in the court of common pleas, or probate court, in the county
where such property is situated, and the proceedings therefor, sale, confirmation
of sale and execution of deed by said directors, or proper officers of said cor-
poration infirmary, shall in all respects, be conducted in conformity to the
practice and statutory provisions for the sale of real estate by guardians, and
the net proceeds arising from such sale shall be applied, under the special di-
rection of the directors, or the proper officers of said corporation infirmary, in
such manner as they think best to the maintenance of such person during his
continuance in the infirmary; but if the guardian, husband, wife, heirs, or
persons who are entitled to the residuary interest in the property of said person
give bond to the directors of the infirmary, or the proper officers of said cor-
poration infirmary, to their satisfaction, and pay into the hands of the clerk
of the board of directors, or proper officers of said corporation infirmary, at such
times as the directors or the proper officers of said corporation infirmary re-
quire, an amount sufficient to support said person while he or she remains in
the infirmary, the directors or the proper officers of said corporation infirmary
shall not take charge of said property. [93 v. 267; 73 v. 233, § 31; (S. & S. 533;
S. & C.931).]
The property of the insane can not be sold by this section if the insane person is sent to the infirmary
under 22 707, 708: Brown v. Infirmary Directors, 49 O. S. 578.
See note to Kissell v. Gram, 4 N. P. 333, under ? 6302.
SEC. 982. [In case of partial relief; disposal of property, etc.] [Re-
pealed, 93 v. 276; 73 v. 233, §32.]
SEC. 983. [County treasurer shall pay warrants.] [Repealed, 93 v. 276;
73 v. 233, § 33; (S. & S. 533; S. & C. 931).]
SEC. 984. [Directors selling or furnishing supplies for support of
poor; penalty; applies to superintendent and any other officer.] No in-
firmary director shall, directly or indirectly, sell or supply any article, to a
521
Tit. VIII, Ch. 2.
INFIRMARY DIRECTORS.
$$ 985-987.
superintendent or other person, to be used for the relief of the poor; and no
order shall be made by any infirmary director for the payment of any such
supplies sold or furnished by such director, nor shall any order for the pay-
ment of money for supplies sold or furnished be paid to any such director, or
assignee or holder thereof; and any superintendent, director, trustee, or other
officer, who shall certify to, allow, or draw an order for the payment of any
account or bill, knowing the same to be false or fraudulent, in whole or in part,
shall forfeit and pay a sum not less than five hundred dollars nor more than
three thousand dollars, for every such offense, and shall be liable to criminal
prosecution, as provided by law. [93 v. 268; 73 v. 233, § 34.]
SEC. 985. [Penalty for bringing pauper into city, township, or county
with intent to charge with support. If a person transports, removes, or
brings, or causes to be transported, removed, or brought, any poor or indigent
person into any city, township, or county in this state, without lawful authority,
and there leaves such poor indigent person, with intent to make such city,
township or county chargeable with the support of such person, such person so
offending shall forfeit and pay the sum of fifty dollars for every such offense,
for the use of the poor of the city or township in which such person is left, to
be recovered by civil action, in the name of the state, before any court of com-
petent jurisdiction. [93 v. 268; 77 v. 39; Rev. Stat., 1880; 77 v. 23, § 35; (S. &
S. 534; S. & C. 932).]
When a woman, whose husband is able to support her, is driven from her home by his cruelty, and be-
comes a township or county charge, the money expended for her support may be recovered of the husband
at the suit of the party making the advances: Howard v. Whetstone Tp., 10 O. 365; and so if the husband
abandons the wife, and she becomes a public charge: Springfield Tp. v. Demott, 13 O. 104.
HAMILTON COUNTY.
SEC. 986. [Powers vested in directors of infirmary of Hamilton
county.] When any county infirmary building or buildings have been com-
pleted in Hamilton county, the furnishing of such infirmary, and the improve-
ments of the grounds therewith connected, the alteration of and addition to any
such building or buildings, and the care and treatment of all who become
inmates thereof, shall be vested absolutely in the directors of the infirmary for
said county, who may make all contracts and purchases necessary for such
infirmary, and prescribe such rules and regulations as they deem proper for the
management and good government of the same. [69 v. 50, § 1.]
SEC. 987. [Plans and bills of expense for improvements to be made.]
When in the opinion of the directors of such county infirmary, it becomes neces-
sary to make any addition thereto or alteration of any said infirmary building
or buildings, for the better accommodation of the inmates thereof, the directors,
in case the estimated cost of such improvement exceeds the sum of one
thousand dollars, shall first make, or cause to be made, a full, complete, and
accurate plan or plans of such proposed addition to or alteration of such build-
ing or buildings, showing all the necessary details of the work, together with
working plans suitable for the use of the mechanics or other builders during
the construction thereof; and also accurate bills, showing the exact amount
of all the different kinds of materials to be used in such improvement, to
accompany said plan or plans; and also full and complete specifications of the
work to be done, and giving such directions for the same as will enable any
competent builder to carry them out; and shall further make or cause to be
made a full, accurate, and complete estimate of each item of expense, and the
entire cost of such addition to or alteration of any such infirmary building or
buildings when completed. [69 v. 50, $2.]
Plans for new or for alterations or additions before adopted must be submitted to board
of state charities, see 2 656.
522
SS 988-991.
INFIRMARY DIRECTORS.
Tit. VIII, Ch. 2.
SEC. 988. [Shall be submitted to county commissioners and board of
control.] Before any contract is entered into by said directors of the county
infirmary, such plans, drawings, representations, bills of materials, and specifi-
cations of work, and estimate of the cost thereof, in detail and in the aggregate, as
are required to be made in the preceding section, shall be submitted to the com-
missioners and board of control of the county for their approval; and if
approved by them, a copy thereof shall be deposited in the office of the auditor
of said county, and by him safely kept for the use and inspection of all parties
interested. [69 v. 50, §3.]
SEC. 989. [Notice of proposals shall be published by county auditor.]
After such plans, drawings, representations, bills of material, specifications and
estimates, as herein required, are made by the directors of the county infirmary,
and approved by the commissioners and board of control of said county, the
county auditor shall give public notice in any newspaper of general circula-
tion in said county, of the time and place, when and where sealed pro-
posals will be received for performing the labor and furnishing the materials
necessary for the addition to or alteration of any such infirmary building or
buildings, and when and where a contract or contracts, based on such sealed
proposals, will be made; which notice shall be published weekly, at least four
consecutive weeks next preceding the day named for the making of such con-
tract or contracts, and shall state when and where such plan or plans, drawings,
representations and specifications can be seen, and which shall be open to pub-
lic inspection at all reasonable hours, between the date of such notice and the
making of such contract or contracts. [69 v. 50, § 4.]
SEC. 990. [Contracts, how made, etc.] The directors of the county
infirmary, if for any cause they fail to make the contract or contracts as herein
provided for, on the day named in the notice, shall continue from day to day
until such contract or contracts be made; but such contract or contracts shall
be awarded to and made with the person or persons who offer to perform the
labor and furnish the materials at the lowest price, and give good and sufficient
bond to the acceptance of the directors for the performance of the contract or
contracts, according to the plan or plans, drawings, representations and speci-
fications required, which plan or plans, drawings, representations, and specifi-
cations shall be made a part of such contract or contracts; such contract or
contracts shall not be binding upon any such directors of the county infirmary
until first submitted to the county solicitor of said county, and by him found
to be in accordance with the provisions herein, and his certificate to that effect
indorsed thereon; and no contract or contracts shall be made for any such addi-
tion to or alteration of any such infirmary building or buildings, or for the
labor or materials therefor, at a price in excess of the estimate required to be
made. [69 v. 50, § 5.]
SEC. 991. [Warrants shall be drawn by county auditor, etc.; five per
cent. to be retained.] The county auditor, when an accurate and detailed esti-
mate of the various kinds of labor performed, and materials furnished under
such contract or contracts, signed by the directors of such infirmary, with the
amount due for each kind of labor and material, and the amount due in the
aggregate, is furnished him, shall give to the person or persons entitled thereto,
a warrant on the county treasurer, for the amount by each estimate shown to be
due, less the amount of five per centum thereon, which shall be retained as
additional security for the faithful performance of such contract or contracts,
until a final estimate has been made by the directors of such infirmary that all
the materials have been furnished and all the labor performed to their accept-
ance; and when such final estimate is furnished, the county auditor shall
include in his final warrant on the county treasurer, in favor of the person to
whom such final estimate is due, the percentage retained on former estimates,
as herein required. [69 v. 50, § 6.]
523
Tit. VIII, Ch. 3. BOARD OF CONTROL AND SOLICITOR.
$$ 992-993.
SEC. 992. [Tax levy for deficiency.] In case of any deficiency in the
fund authorized to be levied for infirmary purposes in said county, the county
commissioners shall levy a tax to carry out the provisions herein, which shall
be collected as other taxes, not to exceed in any one year, two-tenths of one
mill on the valuation of all the taxable property within said county, exclusive
of any city therein which has or maintains an infirmary separate from such
county infirmary. [69 v. 50, $7.]
SEC. 993. [Salaries of infirmary directors in Hamilton county.] In
said county the directors of the county infirmary shall each receive the sum of
three hundred dollars, per annum, for their services in attending the regular
and called meetings of the board, and for the transaction of any other business
pertaining to the infirmary, and the secretary shall receive the further sum of
one hundred dollars per annum, for his services as such secretary, and the com-
pensation herein specified, shall be paid quarterly out of the county treasury,
on the warrant of the county auditor, and the directors shall not receive any
other extra or special compensation of any kind, neither shall they receive
any allowance for traveling expenses, unless the same were incurred in trav-
eling outside of the county, on business connected with the infirmary, and
then only upon the allowance of the county commissioners, made before the
expense was incurred. [75 v. 531, §§ 1, 2.]
SECTION
CHAPTER 3.
BOARD OF CONTROL AND SOLICITOR.
994. Hamilton county board of control.
995. Organization of board.
995-1. Acts of clerk appointed prior hereto con-
firmed; salary.
996. Yeas and nays, when to be called, and record
thereof.
SECTION
1004. No action of the commissioners requiring the
approval of the board valid without such
approval.
1005. Duty of county auditor in county having board
of control to make certain statements, an-
nually.
997. Oath of office; vacancies.
998. Seal and fees of clerk for documents attested
therewith.
1006.
1007.
999. Final action and jurisdiction of board.
1000. What the commissioners may do without con-
sent of board, and when the board may take
final action.
1008.
1001. Solicitor of Hamilton county; term, duties,
etc.; may appoint assistant.
1001-1. Attorneys for actions in federal courts.
1001-2. Expenses, fees, and judgment to be paid.
1001-3. But in Hamilton county solicitor alone acts.
1002. Commissioners to provide certain officers with
offices, etc.; employment of certain em-
ployes; their compensation.
1009.
1010.
1011.
board.
1012.
Examination and revision of his statements.
Apportionment of appropriations by commis-
sioners, and revision of same board.
Reports to auditor required of other officers
and institutions, and action of auditor and
the two boards thereon.
No liability shall be incurred, or expenditure
made, without the sanction of both boards.
Further duties and powers of county solicitor.
Every officer shall furnish necessary informa
tion power to act as board of revision.
County commissioners to prepare rules pre-
scribing how accounts against county shall
be made out, how examined and certified, 1
etc.
1003. What the commissioners shall submit to the
For "an act to provide for the appointment of a tax commission in counties having a
population of 35,511 at the last federal census," (82 v. 224), see ? (2688—1) et seq.
County solicitor of Cuyahoga county legal advisor of all township officers; exception,
see ? 1282a.
Also to prosecute or defend suits, see same section.
County solicitor of Cuyahoga county must, as to form and correctness, indorse contracts
of county or its officers, see? 1282a.
Assistant county solicitor and solicitor's clerk provided in Cuyahoga county, see
?? (1282a-1), (-2).
Constitutionality of act creating board of control sustained: State ex rel. Prosecuting Atty. v. Brown
(Ham. Dist. Court), 4 W. L. B. 174.
524
$$ 994-997.
BOARD OF CONTROL AND SOLICITOR. Tit. VIII, Ch. 3.
SEC. 994. [Hamilton county board of control.] In each county con-
taining a city of the first grade of the first class there shall be, in addition to
the board of county commissioners, a board of control, consisting of four mem-
bers, who shall be residents of and tax-payers in such counties. At the elec-
tion to be held on the first Tuesday after the first Monday in November, A. D.
1891, there shall be elected by the qualified electors of such counties, four
members of the board of control, who shall serve as follows: The two persons
receiving the highest number of votes for three years, and the two receiving
the next highest number of votes for two years, and in case of a tie, the terms
of each shall be decided by lot, and as the terms of members expire, their suc-
cessor shall be elected to serve for three years. [88 v. 531; 83 v. 87; 78 v. 21;
Rev. Stat. 1880; 69 v. 40, § 1; 69 v. 46, § 2.]
Original section 994 was held unconstitutional in State v. Alter, 5 C. C. 253.
SEC. 995. [Organization of board.] The members of such board of
control shall meet at the court-house on Tuesday of each week. The members
appointed, as provided in the preceding section, shall convene on the first
Tuesday after their appointment and qualification, and the members there-
after elected as provided shall, annually, assemble together on the second Tues-
day of December and organize the board; a majority of the members shall be
necessary to constitute a quorum for the transaction of business. All their
proceedings shall be public; they shall determine the rules of their proceed-
ings, and these shall, as far as possible, be in accordance with parliamentary
law; they shall keep a journal of their proceedings, which shall be open at all
proper times to the inspection of the public, and may compel the attendance
of absent members in such manner as they prescribe. They shall elect from
their own body a president, who shall preside at their meetings, and they may
elect a president pro tempore. The members of the board of control shall each
receive as compensation for their services five dollars for every regular meet-
ing they attend. They shall elect a clerk, who shall keep a correct journal of
all the proceedings of said board of control, and perform such other duties as
are required by the rules and regulations of the board; said clerk shall hold
his office until his successor is elected and qualified, and shall receive as a com-
pensation for his services a salary at the rate of twelve hundred dollars per
annum. The compensation of the members of the board of control and the
salary of the clerk shall be paid monthly by warrants drawn by the county
auditor upon the county treasurer, on bills certified by the president and
clerk of the board with the seal attached. [89 v. 5; 88 v. 531; 86 v. 298; 83
v. 87; 78 v. 21; Rev. Stat. 1880; 69 v. 40, §3.]
(995-1) [Acts of clerk appointed prior hereto confirmed; salary.]
Whenever any such board of control has heretofore appointed or elected a
clerk, whose appointment, election or compensation was not provided for by
said section 995 of the statutes as amended May 4, 1891, such election and all
acts, services and duties performed by said clerk subsequent thereto by order
of said board of control, shall be considered legal and valid, and said clerk
shall be entitled to a compensation for said services at the same rate and pay-
able in the same manner as the compensation of the clerk is provided for in
section 1 [995, Revised Statutes,] of this act. [89 v. 5.]
SEC. 996. [Yeas and nays.] The yeas and nays shall be taken on every
motion or resolution which involves the appropriation or payment of money,
or the awarding of contracts, or the assessing or levying of taxes; and the
action taken therein shall be entered in full by the clerk in the journal, and it
shall be duly certified by the president and clerk, and shall be received as evi-
dence in any court in the state. [69 v. 40, §4.]
SEC. 997. [Oath of office; vacancies.] The oath of office of each mem-
ber of the board of control shall be taken before a judge of the court of common
525
Tit. VIII, Ch. 3. BOARD OF CONTROL AND SOLICITOR. $$ 998-1001.
pleas, and filed in the office of the clerk of said court. In case of death, resigna-
tion or removal from office of a member of said board of control, the fact of such
vacancy shall be certified by the president thereof to the court of common pleas,
which shall appoint a judicious person and tax-payer to fill such vacancy, and
the person so appointed shall hold his office until the next annual election in
November. [1886, April 21: 83 v. 87, 88; 78 v.21; Rev. Stat. 1880; 69 v. 40, §5.],
SEC. 998. [Seal, and clerk's fees.] The board of control shall cause to
be provided for its clerk, a seal, in the center of which shall be the name of the
county, and around the margin the words "Clerk of the board of control,"
which seal shall be affixed to all transcripts, orders, or certificates which are
necessary or proper to authenticate, under this chapter: for all attested certifi-
cates and transcripts, other than those ordered by the board of control, or the
board of county commissioners, the same fees shall be paid the clerk, as are
allowed to county officers for similar services. [69 v. 40, § 6.]
SEC. 999. [Final action and jurisdiction.] The board of control shall
have final action and jurisdiction in all matters involving the expenditure of
money, or the awarding of contracts, or the assessing or levying of taxes, by the
board of county commissioners: every contract shall be awarded to the lowest
responsible bidder, on his giving sufficient security for his performance of the
same; but the board of control may reject all bids. [69 v. 40, § 7.]
See note to State ex rel. v. Brewster, Auditor, 44 O. S. 594, under 1000.
Appointment of janitor by county commissioners subject to confirmation or approval of board of control:
State ex rel. Koehler v. Fratz (Ham. Dist. Court), 4 W. L. B. 320.
Both boards must concur in the same levy and its distribution; if the board of control send back to the
commissioners their levy with amendments, and the commissioners send back a different proposition, the
board of control may reconsider its first proposition, and again amend differently, but no amendment is a
finality unless concurred in by the other board: State v. Hagerty, 5 C. C. 22.
SEC. 1000. [Validity of contract or release.] No contract or release
made, or liability incurred, nor appropriation or allowance, nor taxes levied or
assessed by the board of county commissioners, shall be valid and binding, unless
a majority of all the members of the board of control present vote in favor
thereof; and no contract or release made, or liability incurred, or appropriation
or allowance made, which involves an expenditure of money to the amount of
one hundred dollars or more, nor taxes levied or assessed, shall be approved by
the board of control, until the next meeting after such matters or things come
before said board, unless a majority of all the members vote for the same.
[69 v. 40, § 8.]
The appointment by the county commissioners in Hamilton county of a person to fill a vacancy in the
office of county auditor does not require the concurrence of the board of control: State ex rel. v. Brewster,
Auditor, 44O. Š. 594.
Held, to require approval of board of control to contract or pay for road and bridge improvements under
certain local laws: State ex rel. Pugh v. Commissioners of Hamilton Co. (Cin. Sup. Court, Gen. Term), 11
W. L. B. 274.
SEC. 1001. [Solicitor of Hamilton county
[Solicitor of Hamilton county; term, duties, etc.] There
shall be elected at the next annual fall election and thereafter triennially by the
qualified electors of any county containing a city of the first class having a
population exceeding one hundred and eighty thousand, a solicitor to the board
of county commissioners and board of control of such county, who shall be an
attorney at law and shall hold his office for three years, from the first Monday
of January next after his election. He shall be the legal adviser of said board
of county commissioners and control and shall prosecute or defend all suits and
actions which either of said boards may direct or to which they may be a party.
He shall receive a salary of thirty-five hundred dollars per year, payable out of
the county treasury on the certificate of the board of county commissioners and
warrant of the county auditor.
The act of March 26, 1880 (77 v. 87), contained the following provision:
"SEC. 3. [Vacancy, how filled.] The commissioners of a county in which a solicitor is provided by this
act. are hereby authorized to appoint a solicitor pro tempore to fill any vacancy occurring in said office, in
April next, by the repeal of said section one thousand and one, of the revised statutes, or, in case a vacancy
shall happen in said office by death, resignation, or otherwise, who shall perform the duties and receive the
526
§ (1001-1).
BOARD OF CONTROL AND SOLICITOR. Tit. VIII, Ch. 3.
salary of county solicitor, and shall hold his office until his successor, at the annual fall election next ensu-
ing such appointment, shall be elected and qualified under the provisions of section one of this act.
Quære: Was this section intended to provide only for the filling of the vacancy occuring between the
April and the fall election of 1880. If not, was this section repealed by the act of April 14. 1884.
As to the duties of the county solicitor as to boards of education, etc., see 3977.
As to his duty in actions brought against the county treasurer or other officer perform-
ing, or attempting to perform, his duty in the collection of the public revenue, see 2 2862.
See ? 1010.
For county solicitor of Cuyahoga county and his assistant, see ?? 1282a et seq.
Contracts exceeding in amount $1,000 to be submitted by county commissioners to, to
see if in accordance with Title VI, Chapter I, R. S., see ? 799.
As to the right of the county solicitor to enter appearance in court for county officers: Brewster and
Ratterman v. Anderson, 1 C. C. 479.
County solicitor of Hamilton county is not the attorney for the board of police commissioners of Cin-
cinnati Yaple v. Board of Police Commissioners, 2 C. C. 406.
SEC. 2. That section one thousand and one, as amended March 26, 1880
(77 O. L. 87), and said original section one thousand and one, revised statutes, be
and the same are hereby repealed.
SEC. 3. [May appoint assistant.] In Hamilton county the solicitor now
holding said office or who may be hereafter elected to such office may appoint
two assistant solicitors, subject to the approval of the court of common pleas,
each of said assistants to receive a salary of twenty-five hundred dollars per
year, payable in the same manner as that of the solicitor. [90 Local Laws 225;
81 v. 193; 77 v. 87; Rev. Stat. 1880; 69 v. 40, § 9.]
(1001-1) [Attorneys employed for actions in federal courts.] In any
action heretofore or hereafter commenced for or against the board of commis-
sioners of any county in the state, or other county officers, in any of the courts
of the United States of America, involving the title to real estate held by or
for such county, or which involves the performance of official duty on part of
said board or other officer, such board or other officer may employ one or
more attorneys to prosecute or defend any such action in said courts; one of
said attorneys, however, shall be the prosecuting attorney of the county at the
time when such action was commenced. [90 v. 67.]
(1001-2) [Expenses, fees and judgment to be paid.] The board of
commissioners of such county shall allow and pay from the treasury of such
county the reasonable and necessary expenses of prosecuting or defending such
actions, including reasonable and proper fees, and expenses to attorneys em-
ployed as aforesaid, and also including any damages or costs adjudged against
said board or other officers by said courts. [90 v. 68.]
(1001–3) [But in Hamilton county solicitor alone acts.] In counties
having a county solicitor, or a board of control having a solicitor of said board
of control, it shall be the duty of such solicitor to take charge of and prosecute
or defend such actions so brought against said board of commissioners or other
county officers; and it shall be unlawful for the board of commissioners or
other officers in such counties to employ other counsel. [90 v. 68.]
SEC. 1002. [Commissioners to provide certain officers with offices,
etc.; employment of certain employes; their compensation.] The board of
county commissioners shall provide suitable rooms in the court house of said
county, in which the board of control and county commissioners shall transact
their business, and shall also provide books and stationery for said board of con-
trol, and may employ a superintendent and such watchmen, janitors and other
employes as may be necessary to the care and custody of the court house and
jail. Said board of county commissioners shall employ a county engineer, and
may employ two assistant county engineers and such rodman and inspectors as
the board may deem necessary, at salaries to be fixed by the board, and shall
furnish said engineers with all the necessary stationery, instruments and imple-
ments, and shall allow to said county engineers, rodman and inspectors, in
527
Tit. VIII, Ch.3. BOARD OF CONTROL AND SOLICITOR. §§ 1003–1005.
addition to their salaries so fixed, their reasonable expenses incurred while
engaged on county work. [1887, March 18: 84 v. 109; 78 v. 21; Rev. Stat. 1880;
69 v. 40, $10.]
For the duties of engineers in the surveying, platting or cross-sectioning of any rail-
road, canal, turnpike, plank-road or other public road (86 v. 120), see ? (3231—4).
Cited State v. Staley, 5 C. C. 602.
Where the commissioners of Hamilton county have appointed persons to act as janitors and night watch-
man for the office of the county recorder, against whose capacity or fitness no objection is made by the recorder,
but he refuses to allow them to discharge such duties, and appoints other persons, who do so act, such persons
are not entitled to be paid for such services from the county treasury: Deters v. Commissioners, 1. C. C. 295.
SEC. 1003. [Commissioners shall report to the board of control at
each meeting.] The board of county commissioners shall, at each meeting of
the board of control, present to said board a true and accurate statement of all
matters and things that have come before it, which involve an expenditure of
money, or the awarding of contracts, or the assessing or levying of taxes; and
it shall also present to the board of control, at its meetings, all bids on contracts,
plans, and specifications, and every paper or document that in any manner should
come before said board, by the provisions of this chapter. [69 v. 40, § 11.]
SEC. 1004. [Action of county commissioners not valid until approved
by the board of control.] No action of the board of county commissioners,
in matters or things upon which the board of control is herein authorized to act,
shall be valid or binding until the same has been passed upon and approved by
said board of control, any thing in any law of this state to the contrary notwith-
standing. [69 v. 46, § 12.]
See note to 2 999.
SEC. 1005. [Information shall be furnished to the boards of control
and commissioners by the county auditor.] In all counties having boards
of control established therein, the county auditor shall furnish to the board of
commissioners and the board of control thereof, on or before the first Monday
of April, in each year, the following statements, which he shall have printed
in such manner as said boards direct:
1. [Balances of debt or credit.] A statement, showing the balance stand-
ing to the credit or debit of the several funds on the county balance-sheet, at
the end of the last week of March immediately preceding said first Monday of
April, and in said statement shall be included the distribution of the taxes
collected in the preceding month of December.
2. [Monthly expenditure.] A statement, showing the monthly expendi-
ture out of each fund in the twelve months, and in every one of them, preceding
said first Monday of April.
3. [Annual expenditure for five years.] A statement, showing the annual
expenditure from each fund for each year, for the five years preceding said day.
4. [Monthly average of expenditure.] A statement, showing the monthly
average of such expenditure from the several funds for the preceding year, and
also the total average for all of them for the five preceding years.
5. [Estimate of money needed.] A statement, containing an approximate
and detailed estimate of the money needed to pay all lawful expenses of the
county, and its several departments, offices, and institutions, for the twenty
months following said first Monday of April; but in said estimate, no greater
sum shall be estimated and reported than fifty thousand dollars per month, or
one million dollars for the twenty months; and in calculating the amount of
money needed, he shall take into account the money then in the treasury,
well as that collectible in June following, and also the probable proceeds from
the tax levy of that year, as he shall estimate the same, as hereafter required:
he shall be equally careful to avoid surpluses and deficits, and shall treat as
means available for current expenses, the June and December collections, as
as
528
§§ 1006-1010. BOARD OF CONTROL AND SOLICITOR. Tit. VIII, Ch. 3.
soon as under the laws or usages he has a right to presume them to be in the
treasury, without waiting for their subsequent distribution to the respective
funds.
6. [Percentage necessary to be levied.] A statement, estimating the total
percentage he deems necessary to be levied in that year, so as to provide sufficient
means for paying county expenses for the fiscal period named for statement
number 5, to-wit, twenty months; and he shall also report in said statement, to
what funds said total levy should, in his opinion, be apportioned as special levies.
[70 v. 294, § 1.]
SEC. 1006. [Examination and revision of statements.] The several
members of the two boards, aforesaid, shall examine and revise said statements
carefully, and ten days after said first Monday of April, the board of commis-
sioners shall first meet and determine the total tax levy they deem necessary for
that year, which they shall apportion to the several funds; but not higher,
however, in total levy, than that estimated by the auditor, and this action of
theirs they shall transmit to the board of control for its approval, amendment,
or rejection, within the limits aforesaid. [70 v. 294, § 2.]
SEC. 1007. [Appropriations shall be made by the commissioners.
The commissioners shall make, in the first week of May, each year, detailed and
specific appropriations for the several objects for which the county has to pro-
vide, apportioned to months, of the moneys known to be or estimated to come
into the treasury during the twelve months next ensuing, including in their
estimate, the next semi-annual December collection of taxes, and being careful
to provide in their appropriations for every legitimate county expenditure, and
apportion the means fairly among all of them; but not more for the whole
appropriation than fifty thousand dollars a month for the twelve months afore-
said, and their action hereon they shall transmit to the board of control for
approval, amendment, or rejection, as they determine: all expenditures within
the following twelve months shall be made in accordance with and within said
appropriation: balances thereof remaining over at the end of the year shall then
no longer be open for payment therefrom, and shall be recredited to the funds
from which they were taken. [70 v. 294, § 3.]
SEC. 1008. [Institutions and departments shall report their wants to
the auditor.] To enable the county auditor, and the two boards aforesaid, to
estimate correctly the levies and appropriations aforesaid, the authorities of the
county institutions, as well as of every head of a department, or office in the
county, for whose wants provision is to be made, shall report to the auditor, on
or before the first Monday of March, in each year, the amount of money needed
for their respective wants for the ensuing year, said estimate to be given for
each month: the auditor, as well as the two boards, shall revise them, and if
deemed proper, reduce them so as to bring them within fair limits to the other
expenditures required for the county or its business. [70 v. 294, § 4.]
SEC. 1009. [No liability or expenditure without appropriation.] No
liability whatever shall be created against any county embraced within the pro-
visions of this chapter, and no expenditure shall be made for the same, unless
it is previously covered by an appropriation, and sanctioned both by the board
of commissioners and board of control, each being separately assembled in law-
ful meeting at the court-house. [70 v. 294, §5.]
See note to State ex rel. v. Brewster, Auditor, 44 O. S. 594, under 1000.
SEC. 1010. [Duties of county solicitor.] The county solicitor shall be
present at the respective meetings of the board of commissioners and board of
control, his presence to be noted in the minutes: he shall be entitled to protest
against any action taken, which protest shall be entered on the minutes: any
unty officer may consult him as to his official duties, and he shall furnish
529
Tit. VIII, Ch. 3. BOARD OF CONTROL AND SOLICITOR. §§ 1011-1012.
opinions in writing, except in cases in which the interests of said officer may
conflict with that of the county. [70 v. 294, § 6.]
See ? (1001-3).
See notes to decisions under ¿ 1001.
SEC. 1011. [Every officer shall furnish necessary information; power
to act as board of revision.] Every officer of the county shall furnish to the
board of county commissioners and board of control such information as pertains
to the business of their respective offices, as either of said boards may require, by
a resolution duly passed and entered on their minutes, and the said board of
control shall have the power to act as a board of revision, and make examina-
tion of any county institution which the county has in any way to contribute
to the support of, or of any county office, and shall have and may exercise all
the authority to issue subpoena and compulsory process, and direct the service
thereof by any constable or sheriff, compel the attendance of witnesses, and the
production of books and papers before a majority of the members thereof at
any designated place, to administer oaths, or to punish for disobedience of
subpoena, or for refusal to be sworn or to answer as a witness, which is con-
ferred upon courts or officers authorized to take depositions, and may have
power to employ expert accountants or other persons to aid them in the ex-
amination of books and papers in the performance of the duties hereby im-
posed, at such compensation as may be fixed by said board, the bills for which,
after approval by the board, duly attested by the president and clerk thereof,
shall be paid as other bills against the county are paid. [88 v. 532; 70 v.
294, § 7.]
SEC. 1012. [County commissioners to prepare rules prescribing how
accounts against county shall be made out, how examined and certified,
etc.] The board of county commissioners shall prepare and adopt rules and
regulations prescribing the manner in which accounts shall be made out against
the county, how and by whom they shall be examined and certified, and how
they shall be audited before being allowed and approved by said boards; and
said rules and regulations shall also prescribe how monthly pay-rolls shall be
'made out by each of the county institutions, officers, and departments, and
upon what evidence the auditor may draw his warrants for the same, which
rules and regulations shall be transmitted to the board of control for amend-
ment, approval, or rejection. [1881, January 31: 78 v. 21, 22; Rev. Stat. 1880;
70 v. 294, § 8.]
35
530
Tit. VIII,
COUNTY AUDITOR.
Ch. 4.
1013.
Auditor; term.
SECTION
1014. His bond.
1015. His office.
1016. Vacancy in default of bond.
1017. Vacancy: how and by whom filled.
1018. Deputies.
CHAPTER 4.
COUNTY AUDITOR.
1019. Auditor and his deputies may administer oaths.
1020. Who not eligible to the office of auditor.
1021. Auditor to be secretary of commissioners, and
duties in that behalf.
SECTION
1045. Shall transmit to auditor of state duplicates of cer-
tificates and abstracts of settlement.
1046. Delinquent list of lands and lots, and record
thereof.
1047.
1048.
Accounts with townships, cities, villages, ham-
lets, and special school districts.
Account with new township, and distribution
to same.
Statistical information shall be returned to
state auditor.
1049.
1022. Duties as to moneys paid into the treasury.
1023. Shall keep account current with the treasurer.
1024. Shall issue warrants on treasurer: when and
how.
1050.
Penalty for default.
1051.
Quadrennial report of deaf and dumb, etc.
1052.
Annual report: dog tax, etc.
1053.
Abstract of delinquent list shall be furnished
1026. Transfers fraudulently or improperly obtained
shall be canceled.
1025. Shall transfer lots, etc., on tax-list to the name
of the purchaser.
to auditor of state.
1054.
County sealer.
1055.
Duties of county sealer.
1056.
1027. The auditor's right to free examination of rec-
ords.
Shall deliver copies to successor.
1057.
Penalty for refusal.
1058.
Surveyor's chains, and testimony.
1059.
Penalty for using false weights and measures.
1060. When act not to be enforced.
1061.
1028. His power to discharge certain prisoners.
1029. Shall furnish blanks for assessors.
1030. Assessors' returns shall be sold as waste paper
by the county auditor, after three years.
1031. For what auditor shall forfeit his office, and
how suspended pending trial.
1032. Commissioners shall prosecute him, and if not
indicted, or if acquitted, shall be restored.
Duty on going out of office.
1034. The tax-list, how made out.
1062.
Deputy sealer, weights and measures; Toledo;
state sealer to furnish copies of standard;
confiscation of unlawful weights; false or
short weights and measures, etc.
Their fees.
1063. County auditor's duty in drawing warrants, etc.
1064. Same.
Treasurer's funded debt book.
1033.
1035. How he may arrange lots and lands on tax-list.
1036. Shall determine and put on the tax-list the tax
1065.
1066.
County auditor shall furnish treasurer with
abstract of funded debt.
of each tax-payer.
1037. How to dispose of fractions.
1067.
1038. Corrections of tax-list and duplicate, and re-
funding taxes.
1068.
1069.
County treasurer's duty at stated settlements.
When principal may be paid in same manner.
Compensation.
1038a. Deductions from tax-lists and duplicate for de-
stroyed and injured buildings.
1039. Book of additions and deductions, and certifi-
cates of corrections.
1040. Omitted tax on lots or lands shall be charged:
limitation.
1069a. [Repealed.]
1070. Additional compensation of county auditors.
1070a. [Repealed.]
1071. Same.
1072. Quadrennial enumeration shall be the rule of
the commissioners.
1041. Manner of placing taxes on tax-list and dupli-
cate, and marks of payment.
1073.
Fees for transfers, etc.
1074.
Fees under free turnpike law.
1042. Delivery to treasurer of duplicate by county auditor.
1043. When and how county auditor to settle with county
treasurer; treasurer liable for balance.
1075.
Fees under improved road law.
1076.
Allowances for clerk hire.
1077.
1078.
Claims for services shall be made in detail.
Compensation shall be in fult
1044. Auditor's duty in settling with the treasurer.
For "an act to provide for the relief of indigent union soldiers," etc. (83 v. 232), see
? (3107--50) et seq.
To furnish blanks for lists of soldiers, etc., see ? (1522-2).
Auditor's suit to sell lands in section sixteen, etc., see 1432a.
Surrender of leases to auditor of Gallia Co., see (1407—1).
As to the duty of the county auditor, regarding printing, stationery, etc., in counties
containing a city of the second grade, first class (85 v. 67), see ? (956-1) et seq.
As to securing employment of persons to discover omitted taxes (85 v. 170), see
? (1343-1) et seq.
For "an act authorizing county auditors to publish delinquent tax-list in certain coun-
,ties" (86 v. 147), see? (2868—1).
For the duties of the county auditor in counties requiring the county commissioners to
provide a depository for the county funds, see ?? 1122a, 1123, and ? (1136—1) et seq.
Infirmary directors to annually certify to county auditor amount necessary for support
of institution for ensuing year, including needful repairs; auditor to place amount certi-
fied on tax duplicate, see ? 964.
Copies of forms for collection and registration of births and deaths to be furnished to,
by state board of health, see ? (409—27).
Apportionment by, to treasurer or other officer of school board of certain sum provided
under act authorizing day schools for deaf children, see ? (4009—11).
Member ex-officio of board under act "to authorize township trustees and county
commissioners to organize special road districts, etc., see ? (4757—9).
Upon failure of notice of election, county auditor of Carroll county to appoint town-
ship trustees and treasurer, see ? 1369.
531
Tit. VIII, Ch. 4.
COUNTY AUDITOR.
§§ 1013-1018.
To give licenses to bicyclists; keep record of same, etc., see ? (4935—5).
Duty when application to have county ditch cleaned out is refused, see ? 4498.
Duty under firemen's pension act, Springfield, ? (2477—85).
SEC. 1013. [Auditor; term.] A county auditor shall be chosen trien-
nially in each county, who shall hold his office for three years, commencing on
the third Monday in October next after his election. [91 v. 398; 83 v. 198;
Rev. Stat. 1880; 74 v. 381, § 1; (S. & C. 96).]
SECTION 2. [Terms extended.] The term of office of any county auditor in
office at the time of the passage of this act, shall be extended to the third Monday
of October following the expiration of his term under the original section 1013.
[91 v. 398.]
See 22 18, 1020, 1164, 1268.
This latter section is void as an exercise of the appointing power by the legislature: State v. Harvey,
8 C. C. 599; 1 0. D. 124.
By the act of April 18, 1870 (67 v. 103), the time fixed for the election of successors to county auditors
whose terms were by prior laws made to expire on the second Monday of March, 1871, was the October elec-
tion, 1871; and elections held in such cases in October, 1870, were unauthorized: State v. Dombaugh, 20 O. S. 167.
At the expiration of the three years there is a vacancy in the office: State ex rel. v. Brewster, 44 O. S. 591.
A county auditor, after the expiration of his term, can not maintain an action to enjoin the county com-
missioners from appointing some suitable person to fill a vacancy which may happen in the office from any
cause: Robbius v. County Commissioners, 2 C. C. 23.
SEC. 1014. [His bond: shall be deposited, with oath indorsed, with
treasurer.] Before entering upon the discharge of his duties, he shall give
bond to the state, with two or more sureties, to the acceptance of the commis-
sioners of the county, in a sum not less than five thousand nor more than twenty
thousand dollars, as the commissioners require, conditioned for the faithful dis
charge of the duties of his office; which bond, with his oath of office and the
approval of the commissioners indorsed thereon, shall be deposited by the
commissioners with the treasurer of the county who shall record and carefully
preserve the same. [67 v. 103, §3; (S. & C. 96).]
Where the breach of an official bond is a misfeasance, the one-year statute of limitations may be pleaded:
State for Mt. Pleasant Bank v. Conway, 18 O. 234.
A bond given by a public officer is only a collateral security for the faithful performance of his official
duties, and, therefore, every good defense to the original liability of the principal, including the statute of
limitations, is a good defense for the sureties upon the collateral undertaking: State v. Blake, 2 O. S. 147.
SEC. 1015. [Where his office shall be kept.] His office shall be at the
seat of justice in his county, in such room or rooms as are provided by the com-
missioners. [67 v. 103, § 2.]
SEC. 1016. [Vacancy in default of bond.] If an auditor elect fails to
give bond and take the oath of office, as required in this chapter, on or before
the day on which, by the provisions of this chapter, he is to take possession of
his office, the office shall become vacant. [67 v. 103, § 4; (S. & C. 97).]
SEC. 1017. [Vacancy: how filled.] When a vacancy happens in the
office of county auditor, from any cause, the commissioners of the county shall
appoint some suitable person, resident of the county, to fill such vacancy,
[67 v. 103, §5; (S.& C.97).]
When the term of office of a county auditor, which is fixed by the Constitution, has expired, and the
newly-elected auditor's term does not begin for ten months thereafter, there is a vacancy in the office, which
is properly filled by the county commissioners: State ex rel. v. Brewster, 44 O. S. 591. Follett, J. dissented.
The appointment, to fill such vacancy, by the board of commissioners in Hamilton county, does not
require the concurrence of the board of control: State ex rel. v. Brewster, 44 O. S. 594.
The term of office of county auditors elected on the second Tuesday of October, 1883, expired on the
second Monday of November, 1886, while the term of office of their successors, elected on the second day of
November, 1886, does not commence until the second Monday of September, 1887, and for the interim between
the expiration of the former and the commencement of the latter term, a vacancy has "happened in the
office," within the meaning of this section, which the commissioners of the county are authorized and
required to fill by appointment, as therein provided: Robbins v. Commissioners, 2 C. C. 23.
SEC. 1018. [Auditor's deputies.] Each auditor may appoint one or
more deputies to aid him in the performance of his duties, and such auditor
and his sureties shall be liable and responsible for the acts and conduct of such
deputy or deputies; but when any county auditor appoints a deputy, he shall
make a record thereof in his office, and file a certificate of the same with the
county treasurer, who shall record and preserve the same; and when any
532
§§ 1019-1024.
COUNTY AUDITOR.
Tit. VIII, Ch. 4.
county auditor removes a deputy duly appointed, as aforesaid, he shall record
the removal in his office, and file a certificate thereof with the county treas-
urer, who shall record and preserve the same. [66 v. 35, §3; 67 v. 103, § 6;
(S. & C.97).]
SEC. 1019. [May administer oaths, etc.] The auditor and his deputies
may administer any oath necessary in the discharge of the duties of their
respective offices, or proper in the authentication of any return, voucher, or
/document, to be filed in the county auditor's office. [67 v. 103, §7; (S. & C. 97).]
The power to administer oaths is incidental to no office, except the judicial. It must be conferred by
statute, either directly or by implication, or ministerial officers do not possess it: Harmon v. Stockwell, 9
0.93.
SEC. 1020. [Who ineligible.] No judge of any court, clerk of any
court, county commissioner, county recorder, county surveyor, county treas
urer, or sheriff, shall be eligible to the office of county auditor. [67 v. 103, §8;
(S. & C. 97).]
See 2218, 1164, 1268.
SEC. 1021. [Secretary of commissioners ex-officio.] The auditor, by
virtue of his office, shall be the secretary of the county commissioners, except
as otherwise provided by law: he shall aid them, when requested, in the per-
formance of their duties: he shall keep an accurate record of all their proceed-
ings; and shall carefully preserve all documents, books, records, maps, and
papers required to be deposited and kept in his office. [67 v. 103, §9; (S. & C.97).]
Cited in Lima v. McBride, 34 O. S. 349.
"Secretary" here is synonymous with "clerk" in 22 850, 1078, and the auditor can not have any other
compensation: Jones v. Lucas Co., 11 C. C. 136; 5 O. D. 152, aff'd 57 O. S. 189.
See note to Jones v. Commissioners, 57 O. S. 189, under ½ 1077.
SEC. 1022. [Shall certify money into treasury.] The auditor shall
certify all moneys into the county treasury, except moneys collected on the tax
duplicate, specifying by whom to be paid, and to what fund they are to be
credited, charge the treasurer therewith, and preserve a duplicate of the certifi-
cate in his office; and all costs collected in penitentiary cases, which have been
paid by the state or are to be so paid, shall be certified into the treasury as
belonging to the state. [67 v. 103, § 10; 33 v. 44, § 4; (S. & C. 1186).]
SEC. 1023. [Shall keep an account current.] The auditor shall keep an
accurate account current with the treasurer of his county, showing all moneys
paid into the treasury, when paid, on what account, and to what fund paid, and
of all moneys paid out, and from what fund, and preserve all receipts of the
treasurer filed with him for moneys paid into the treasury. [67 v. 103, § 11;
(S. & C. 97).]
SEC. 1024. [Shall issue warrants on treasurer.] The auditor shall issue.
warrants on the county treasurer for all moneys payable out of the treasury,
(except moneys due the state, which shall be paid out upon the warrant of the
auditor of state), when the proper order or voucher is presented therefor, and
shall keep a register of all such orders, showing the number, date of issue, the
amount drawn for, in whose favor, and on what fund; but he shall not issue a
warrant for the payment of any claim against the county, unless the same is
allowed by the county commissioners, except in cases where the amount due is
fixed by law, or is allowed by some cther officer or tribunal authorized by law
to allow the same. [67 v. 103, § 12.]
Was repealed as to Butler Co., 91 v. 600, but the repeal was revoked in 91 v. 812.
An auditor may be compelled by mandamus to issue a warrant in a proper case for fees: Smith v. Com-
missioners of Portage Co., 90. 25; or for expenditures by a sheriff in subsisting a jury, the amount being
allowed by the court: State v. Armstrong, 19 O. 116; but not as to a claim to be allowed by the commissioners,
and which has not been finally acted upon: Burnet v. Auditor of Portage Co., 12 0.54; nor in any case in which
the auditor has not the right to fix the amount, unless the amount has been liquidated: Commissioners of
Putnam Co. v. Auditor of Allen Co., 10. S. 322.
An order from the county commissioners must be in writing: Cricket v. State, 18 O. S. 9.
A bill for the purchase of blanks and stationery by the county clerk must be allowed by the county
commissioners: State v. McConnell, 28 O. S. 589.
The claim of jurors for compensation does not require the allowance of the county commissioners: State
ex rel. v. Merry, Auditor, 34 O. S. 137.
533
Tit. VIII, Ch. 4.
COUNTY AUDITOR.
§§ 1025-1030.
Where the county commissioners have purchased property, received the deed, taken possession, etc., and
ordered the auditor to draw his warrant for the purchase price, they can not rescind their action and direct
the auditor to withhold his warrant: State ex rel. Manix v. Auditor, 43 0. S. 312. McIlvaine, C. J. and Johnson, J.
dissented.
Where it is the duty of the auditor to draw his warrant, and he refuses, he may be compelled to do it by
mandamus: Ib. 319.
The coroner's allowance to a special constable for serving subpoenas must be presented to the county
cominissioners before the auditor can draw a warrant for them: State v. Hagerty, 11 C. C. 226; 5 O. D. 215.
See note to State ex rel. v. Ratterman, 3 C. C. 626, under 2928.
It is not carelessness on the part of the auditor to deliver a warrant to the agent of the party in whose
favor it is drawn, although such agent has no power to cash the same: State ex rel. v Lewis, 4 N P. 176;
60. D. 221.
SEC. 1025. [Shall transfer lots, etc., on the tax-list to the name of the
purchaser.] The auditor shall, on application and presentation of title, with
such affidavits as are required by law, or the proper order of a court, transfer
any land or town lot, or part thereof, charged with taxes on the tax-list, from
the name in which it stands, into the name of the owner, when rendered neces-
sary by any conveyance, partition, devise, descent, or otherwise; and if, by
reason of the conveyance or otherwise, a part only of any tract or lot, as charged
on the tax-list, is to be transferred, the party or parties desiring the transfer,
shall make satisfactory proof of the value of such part as compared with the
valuation of the whole, as charged on the tax-list, before the transfer is made;
and the auditor shall indorse on the deed, or other evidences of title presented
to him, that the proper transfer of the real estate therein described has been
made in his office, or that the same is not entered for taxation, and sign his
name thereto. [67 v. 103, § 13; (S. & C. 98).]
This and the next two sections are cited in Myers v. Aikins, 8 C. C. 228, 233; 10. D. 467.
The evidence on which the auditor is to act is prescribed by the statute, and he can be required to act on
no other: Cincinnati College v. LaRue, Auditor, 22 O. S. 469.
Where there is an estate in specified apartments of a building which amounts to an interest in the realty,
it is the duty of the auditor, upon proper application, to ascertain the comparative value of such part, and trans-
fer the same into the name of the owner on the duplicate for taxation: Cincinnati College v. Yeatman, Audi-
tor, 30 O. S. 276.
SEC. 1026. [Shall cancel fraudulent transfers.] If any transfer of real
estate has been or shall hereafter be fraudulently or improperly obtained, or the
just proportion of valuation was not, or shall not be, transferred with the part
of any lot or tract transferred, the auditor may cancel such transfer, and, if
necessary, require the assessor of the proper township, ward, or city, to return
the proper valuation. [67 v. 103, § 14; (S. & C. 99).]
1027..[Right
SEC. 1027.. [Right to examine records.] The auditor shall, at all rea-
sonable times, have a right to examine the records of deeds in his county, free of
charge. [67 v. 103, § 16; (S. & C. 99).]
SEC. 1028. [May discharge prisoners in certain cases.] The auditor
may discharge from imprisonment, any person who is confined in the county
jail for the non-payment of any fine or amercement due the county, except
fines for contempt of court or some officers of the law, when it is made clearly
to appear to him that such fine or amercement can not be collected by such
imprisonment. [67 v. 103, § 17.]
In case of a sentence including a term of imprisonment and the payment of a certain fine and costs, and
to stand committed until fine and costs are paid, upon the expiration of the term of imprisonment and the
defendant not being able to pay the fine and costs and making application to be released by virtue of this
section, in such case auditor should not refuse to release him, because some of his friends could pay it and
might do so if he is kept in prison: In re Moore, 14 C. C. 241; 7 Ó. D. 575.
This section is not mandatory and in case of the auditor refusing to release, habeas corpus is the
remedy: Id.
See ? 855.
Cited in Mitchell v. State, 42 O. S. 390.
SEC. 1029. [Shall furnish blanks to assessors.] The auditor shall fur-
nish the several assessors all blanks, necessary for their use in the discharge of
the duties enjoined on them by law, and all reasonable charges therefor shall
be allowed by the county commissioners, and paid out of the county treasury.
[67 v. 103. § 18; 74 v. 177, § 11.]
SEC. 1030. [Assessors' returns shall be sold as waste paper by the
county auditor, after three years.] The original returns of township assess-
534
SS 1031-1034.
COUNTY AUDITOR.
Tit. VIII, Ch. 4.
ors with reference to personal property and statistics, after the same have been
kept for three years and all proper entries and records have been made there-
from, shall be sold by the county auditor as waste paper, and the proceeds be
immediately paid into the county treasury to the credit of the county fund.
[76 v. 17, § 1.]
Ordinarily, an auditor is not charged with the possession and transfer of public moneys, and is not, there-
fore, liable for embezzling the same; the charge could only be made by the peculiar circumstances of the case
set out in the indictment: State v. Newton, 26 Ŏ. S. 265.
SEC. 1031. [For what he shall forfeit his office.] If an auditor refuses or
neglects to make any settlement with his county treasurer, according to law, or
willfully fails to perform any other duty required of him by law, he shall, in addi-
tion to criminal prosecution therefor, forfeit his office; and upon an affidavit
being made before the probate judge of the county, that the auditor of his said.
county is guilty of a violation of the provisions of this chapter, or of any duty
enjoined herein, the probate judge shall immediately issue a summons to the
auditor, which summons shall be made returnable as in other civil suits; and,
if, upon examination, the court is satisfied that there are reasonable grounds.
for such complaint, the court may report the same to the county commission-
ers, who shall immediately suspend said auditor, and appoint some suitable
person to perform the duties of auditor, until such auditor is restored to the
possession of his office, or his successor duly elected and qualified, who, upon
giving bond and taking the oath of office, as county auditors are required to
do, shall be authorized to perform all the duties and be subject to all the obli-
gations and liabilities of county auditors; and his bond shall be filed and
recorded the same as bonds of county auditors. [67 v. 103, § 20.]
Removal from office if he does not attend thereto personally, see ? 1069a.
SEC. 1032. [Prosecutions against him.] When the commissioners sus-
pend any auditor from the performance of his duties, as provided for in the
preceding section, they shall immediately cause a prosecution to be instituted
against said auditor; and if the grand jury, at the next regular term of the
court of common pleas of said county, fails to find and present an indictment
against said auditor, or if an indictment is found, and upon trial thereof he is
acquitted, he shall be restored to the possession of his office, and all the rights,
duties, and obligations thereof; and the person appointed, as aforesaid, to per-
form the duties of said office shall vacate the same, and cease to have any rights
therein. [67 v. 103, § 21.]
SEC. 1033. [Further duties.] Each auditor, upon going out of office,
or being suspended from the functions of his office by the commissioners of his
county, shall deliver up to his successor, or the appointee of the commissioners,
all the documents, books, records, vouchers, papers, maps, and other property
in his hands belonging to the county; and in case of the death of any auditor,
his legal representatives shall, in like manner, deliver up all such documents,
books, records, vouchers, papers, maps, and other property. [67 v. 103, § 22;
(S. & C. 97).]
SEC. 1034. [County auditor's tax-list.] The auditor shall make out, in
a book to be prepared for that purpose, in such manner as the state auditor
prescribes, a complete list or schedule of all the taxable property in his county,
and the value thereof as equalized, arranged in the form following: Each
separate tract of real property in each township of his county, other than town
property, shall be contained in a line or lines opposite the name of the owner
or owners, arranged in numerical or alphabetical order: the value of personal
property, moneys, credits, investments in bonds, stocks, joint stock companies,
or otherwise, of each person, company, or corporation, within each township,
shall be set down in a column opposite the name of the owner, person, or cor-
poration in whose name the same is listed: the names of persons in each town-
i
535
Tit. VIII, Ch. 4.
COUNTY AUDITOR.
§§ 1035-1038.
ship who are not residents of any municipal corporation shall be set down in
alphabetical order in one list, and the names of persons who are residents of
any municipal corporation, shall be entered in another list in alphabetical
order; and in making up the tax-list, he shall add opposite the name of every
person returned as the owner of dogs, the number of dogs so owned, in a sep-
arate column, and the tax-list and duplicate, and tax receipt, shall show the
amount charged and amount collected for dogs; and if it be made to appear to
the auditor that any dog has been omitted in the returns, he shall add the
same. [56 v. 175, § 47; 74 v. 177, § 3; S. & C. 1457.]
Cited Myers v. Aikins, 8 C. C. 228, 233; 1 O. D. 467.
As to the duties of county auditor under the act providing against the evils arising from
the traffic in intoxicating liquor (Dow Law) (83 v. 157, 161, and the amendments thereto),
see ? (4364-9) et seq.
SEC. 1035. [How he may make out tax-list.] The auditor may, in
making out the original tax-list, place each town lot in its numerical order.
and each separate parcel of land in every township, according to the numerical
order of the section. [56 v. 128, § 19; S. & C. 99.]
SEC. 1036. [As to the tax to be levied on each tract, etc.] The audi-
tor, after receiving from the auditor of state, and from such other officers and
authorities as are legally empowered to determine the rates or amounts of taxes
to be levied, for the various purposes authorized by law, statements of the rates
and sums to be levied for the current year, shall forthwith proceed to determine
the sums to be levied upon each tract and lot of real property, adding the taxes
of any previous year that have been omitted, and upon the amount of personal
property, moneys, and credits, listed in his county, in the name of each person,
company, or corporation, which shall be assessed equally on all real and per-
sonal property subject to such taxes, and set down in one or more columns, in
such manner and form as the auditor of state prescribes; and in all cases
where the whole amount of taxes upon the personal property, moneys, and
credits of any person does not amount to ten cents, the auditor shall not enter
the same upon the tax-list, if such person has no other taxable property. [56 v.
175, § 28; S. & C. 1458.]
Quoted Neave Bldg. Co. v. Brooks, 9 C. C. 151, 155; 2 O. D. 598.
SEC. 1037. [How auditor shall dispose of fractional mills.] The audi-
tor shall not be required to assess on the taxable property of the county, or of
any township, city, village, hamlet, or school district therein, for any purpose,
nor for all purposes added together, any rate of taxation containing or result-
ing in any fraction other than a decimal fraction, nor in any decimal fraction
less than one-tenth of a mill; but if the sum required to be raised for any pur-
pose, or for all purposes, shall result in a fraction less than one-twentieth of a
mill, such fraction shall be dropped, and if more than one twentieth and less
than one-tenth, the difference between such fraction and one-tenth of a mill
shall be added to such fraction. [59 v. 71, §6; S. & S. 777.]
SEC. 1038. [Correction of errors on tax-list and duplicate.] The
auditor shall, from time to time, correct all errors which he discovers in the tax-
list and duplicate, either in the name of the person charged with taxes or
assessments, the description of lands or other property, or when property
exempt from taxation has been charged with tax, or in the amount of such
taxes or assessments; but if the correction is made after the duplicate is deliv-
ered to the treasurer, it shall be made on the margin of said list and duplicate,
without changing any name, description, or figure in the duplicate as delivered,
or in the original tax-list, which shall always correspond exactly with each
other; and when the auditor is satisfied, after having delivered the duplicate to
the county treasurer for collection, that any tax or assessment thereon, or any
part thereof, has been erroneously charged, he may give the person charged
536
§§ 1038a.
COUNTY AUDITOR.
Tit. VIII, Ch. 4.
therewith a certificate to that effect, to be presented to said treasurer, who shall
deduct the amount from said tax or assessment; and if at any time the auditor
discovers that any erroneous taxes or assessments have been charged and col-
lected in previous years, he shall call the attention of the county commission-
ers thereto, at any regular or special session of the board, and if the commis-
sioners find that taxes or assessments have been so erroneously charged and col-
lected, they shall order the auditor to draw his warrant on the county treas-
urer, in favor of the person or persons paying the same, for the full amount of
the taxes or assessments so erroneously charged and collected, and the county
treasurer shall pay the same out of any surplus or unexpended funds in the
county treasury; and the auditor shall, at the next semi-annual settlement
with the auditor of state, after the refunding of such taxes, deduct from the
amount of taxes due the state at such settlement, the amount of such taxes that
have been paid into the state treasury; but no taxes or assessments shall be so
refunded, except such as have been so erroneously charged and collected in the
five years next prior to the discovery thereof by the auditor; but no assessment
shall be so returned, except from the fund or funds created in whole, or in part,
by such erroneous assessment. [70 v. 10, § 20; 29 v. 291, § 17; S & C. 1586;
(S. & C. 99).]
Act as to refunder of taxes erroneously paid in Hamilton county and how far constitu-
tional, see note under ? 2742.
Under the form of this section, in the act of January 16, 1873 (70 v. 10), neither the 'county auditor nor
county commissioners could correct an error made by putting on the duplicate property exempt from taxa-
tion: State v. Commissioners of Montgomery Co., 31 O. S. 271.
Where an insurance company's return included an item of "re-insurance," stating the true amount, but
listing it as a debt to be deducted from "claims" due the company, whereas it was not a debt, the county
auditor, under this section, may correct the error in the amount of taxes upon the current duplicate result-
ing from such erroneous deduction: Insurance Co. v. Cappeller, 38 O. S. 560.
Such return is not false within the meaning of 22 2781, 2782, Revised Statutes: Ib.
??
The words, " or when property exempt from taxation has been charged with tax, or in the amount of
such taxes or assessments, were inserted in the statute for the purpose of enabling the commissioners to
order the repayment of taxes erroneously collected upon property embraced in 2 2732, Revised Statutes, and
similar provisions as exempt from taxation, and do not cover a case where the property is subject to taxa-
tion, but returned or charged in the wrong county: Butler v. Commissioners, 390. S. 168.
See note to Woolley v. Staley, Treasurer, 39 O. S. 354, under ? 1040.
Section cited in Myers v. Aikens, 8 C. C. 228, 235; 1 O. D. 467, quoted Neave Bldg. Co. v. Brooks, 9 C. C. 151,
156; 2 O. D. 598, and State v. Poe, 47 O. S. 447, 445.
The court cannot order the refunder of taxes in the suit for mandamus, but only require the auditor to
call the attention of the county commissioners to the matter: Hagerty v. State ex rel., 14 C. C. 95; 7 O. D. 88.
That the taxes have been voluntarily paid is no defense to the proceeding in mandamus: Id.
Also see note to same case under 2 5842.
Assessment here does not mean a'general tax and does not include a Dow law assessment, for that is a tax :
State v. Rouch, 47 O. S. 478, 489.
The auditor may correct an error in taxes of an unincorporated bank resulting from an erroneous deduc-
tion, Treasurer v. Bank, 47 O. S. 593.
Under this section, auditor can not be compelled to reduce over-valuation made by tax payers through
their erroneous construction of the law in listing property for taxation: State ex rel. Marks et al. v. Cappeller
(Ham. Dist. Court) 5 W. L. B. 833.
Where land is appropriated for a street, it is the duty of the owner to give the auditor a description, and
have the land so taken stricken from the duplicate, and until he does so he can not recover taxes paid:
Ives v. Commissioners of Hamilton Co. (Ham. Dist. Court), 6 W. L. B. 697.
Taxes voluntarily paid under mistake of law, can not be recovered back. This section affords relief only
in case of clerical errors: Newport & Cincinnati Bridge Co. v. Commissioners of Hamilton Co. (Ham. Dist.
Court), 9 W. L. B. 16; Sandheger v. Commissioners (Ham. Dist. Court), 9 W. L. B. 20.
The provisions of this section do not apply to errors of judgment by the auditor, under ?? 2781 and 2782:
State ex rel. Werk v. Brewster (Ham. Dist. Court). 11 W. L. B. 39.
Clerical error: State ex rel. v. Lewis, 15 C. C. 279.
SEC. 1038a. [Deductions from tax-list and duplicate for destroyed and
injured buildings.] The county auditor shall, whenever after the second Monday
in April, and before the first day of October in any year, it is made to appear by
the oath of the owner, or one of the owners of any building or structure, and
by the affidavit of two disinterested persons, resident of the city or township
in which such building or structure is, or was situate, that such building or
structure has been injured or destroyed by fire, flood, tornado or otherwise,
since the second Monday in April of the current year, deduct from the tax list
and duplicate, the value of such buildings or structures, or such part of the
537
Tit. VIII, Ch. 4.
COUNTY AUDITOR.
§§ 1039–1043.
value thereof as shall correspond to the extent of such injury. [1886, May 19:
83 v. 231, 232.]
SEC. 1039. [Books of "additions and deductions" shall be kept.] The
county auditor shall keep a book of "additions and deductions," in which he
shall enter all corrections of the duplicate, made after delivery of the same to
the treasurer, which either increase or diminish the amount of any tax or
assessment, as stated in the duplicate, and besides the marginal corrections, pro-
vided for in the preceding section, he shall in each case give to the treasurer a
certificate of the correction. [71 v. 30, §§ 1, 2, 3.]
Section quoted in State v. Poe, 47 O. S. 447, 455.
See note to Woolley v. Staley, Treasurer, 39 O. S. 354, under ? 1040.
SEC. 1040. [Omitted land taxes shall be charged on tax-list and du-
plicate; limitation.] When the auditor is satisfied that any lots or lands on
the tax-list or duplicate have not been charged with either the county, town-
ship, hamlet, village, city, or school district tax, he shall charge against the same
all such omitted tax, as far back as the last appraisement of real estate, unless
in the meantime such lands or lots have changed ownership, in which case,
only the taxes chargeable since the last change of ownership shall be so
charged. [73 v. 113, § 1.]
Lucas county act for putting on the grand duplicate for 1891 and thereafter, unpaid
taxes on the duplicates of 1878, etc., 77 v. 322; am. 88 v. 371.
The additions to the current duplicate can not be made farther back than the last decennial appraise-
ment: Neave Bldg. Co. v. Brooks 9 C. C. 151; 2 O. D. 598.
Where a tax-payer, under a belief, justified by the circumstances, that there is a legal charge against his
property upon the tax duplicate in the hands of the treasurer, pays the amount thereof to such treasurer,
when, in fact, no such charge appeared on the duplicate, and the payer was under no legal or moral obligation
to pay the same, he may recover it back as a payment made under a mistake of fact: Woolley v. Staley,
Treasurer, 39 O. S. 354.
SEC. 1041. [Manner of placing taxes on the tax-list and the dupli-
cate.] The auditor shall set down the amount of taxes charged against each
entry, in two separate columns, one-half thereof, exclusive of road taxes, in
each column, and add all road taxes to the first half, with a sufficient blank
space at the right of each column to write the word "paid," and when pay-
ment of either half of such taxes is made, the treasurer shall write in the
blank space opposite the same, the word "paid ;" and the auditor of state is
authorized to prescribe such other forms for tax-lists and duplicates, as seem
proper to him, in order to produce uniformity throughout the state; and county
auditors shall conform thereto. [56 v. 101, §3; S. & C. 1476.]
SEC. 1042. [Delivery to treasurer of duplicate by county auditor.]
The auditor shall annually, on or before the first day of October, except in
counties having a city of the second or third grade of the first class, when the
time shall be on or before the first day of November, deliver to the county
treasurer a true copy or duplicate of the books containing the tax list required
to be made by him for the year. [88 v. 592; 85 v. 236; 83 v. 234; Rev. Stat.
1880; 56 v. 101, §7; (S. & C. 1477).]
Cited: In re claim N. G. Holliday, 13 C. C. 674; 3 O. D. 619.
Also see note to same case under 2 1155.
SEC. 1043. [When and how county auditor to settle with county
treasurer; treasurer liable for balance. The auditor shall attend at his
office, on or before the 15th day of February, and also on or before the 10th
day of August, annually, to make settlement with the treasurer of his
county, and ascertain the amount of taxes with which such treasurer is to stand
charged; and the auditor shall, at each August settlement, take from the dupli-
cate, previously put into the hands of the treasurer for collection, a list of all
such taxes as such treasurer has been unable to collect, therein describing the
property on which said delinquent taxes are charged, as the same is described
on such duplicate, and shall note thereon, in a marginal column, the several
reasons assigned by such treasurer why such taxes could not be collected; and
538
§§ 1044-1045.
COUNTY AUDITOR.
Tit. VIII, Ch. 4.
such last-mentioned list shall be signed by the treasurer, who shall testify to
the correctness thereof, under oath, to be administered by the auditor; and in
making such list, the delinquencies of each township shall be kept separate
and distinct; and after deducting the amount of taxes as returned delinquent,
and the collection fees allowed the treasurer, from the several taxes charged on
the duplicate, in a just and ratable proportion, the treasurer shall be held liable
for the balance of such taxes; and the auditor after first correcting any error
which may have occurred in the apportionment of taxes at any previous settle-
ment, shall certify the balance due to the state, the balance due to the county,
the balance due for road purposes, and the balance due to the townships, and
shall forthwith record such list of delinquencies in his office. [1881, April 19:
78 v. 226; Rev. Stat. 1880; 56 v. 128, §21; (S. & C. 100).]
In 1822 the auditor had no authority to administer an oath to the collector, in verification of the delin-
quent list: Harmon v. Stockwell, 9 0. 93; and in 1826 it was not necessary that the collector of taxes on town
lots, delinquent for non-payment, should be verified by oath: Hollister v. Bennett, 9 O. 83; and in cases in
which this verification was required, the fact that the record showed an affidavit of the collector, without a
jurat, and that the auditor proceeded as if the oath had been taken, is presumptive evidence that it was
taken: Winder v. Sterling, 7 Ổ. (2 pt.) 190; Ward v. Barrows, 2 O. S. 241.
A verification by the treasurer that "the foregoing is a correct list of lands and town lots returned delin-
quent for the non-payment of taxes charged thereon," is not a compliance with the statute; and a sale of
lands, made in pursuance of such list, so verified, is void: Stambaugh v. Carlin, 35 O. S. 209.
Where the list contained no marginal or other note of the reasons assigned by the treasurer why the taxes
on said lands could not be collected, such return was invalid: Ib.
The taxes for which the treasurer stands charged is the whole amount of taxes levied on the duplicate,
less the amount returned delinquent and the collection fees allowed the treasurer: State v. Staley, 38 O. S. 259.
The gross amount of money in the treasury, for which the treasurer stands charged, can not be increased
or diminished by the exercise of the authority by the auditor to correct "any error which may have occurred
in the apportionment of taxes at any previous settlement;" whatever sum may thus be taken from one fund
must be added to another: Ib. 259-269.
The petition for mandamus by state treasurer against county treasurer in such case, which shows the
collection of such taxes by the county treasurer, need not aver that the taxes so collected remain in the county
treasury: Ib. 259.
The treasurer, in obedience to a writ to pay the balance due the state, but not provided for by the
auditor, may use any excess of money in the treasury over the sums apportioned to other funds for which
taxes were levied: Ib. 259.
Cited Estabrook v. Royon, 52 O. S. 318, 320.
SEC. 1044. [Auditor's duty in settling with treasurer; auditor's cer-
tificates to the treasurer.] In making the settlements required by the preceding
section, the auditor shall carefully examine the tax duplicate, and ascertain,
from the entries of taxes and penalty paid, in whole or in part, and from such
other sources of information as are within his reach, the true amount collected
by the treasurer, on account of each of the several taxes charged on such dupli-
cate, and the amount remaining in the hands of the treasurer belonging to eacn
fund, and shall give to the treasurer separate certificates in duplicate, of the
separate sums found to have been collected by him: the auditor shall also make
out and deliver to the treasurer a certificate specifying the amount charged on
the tax duplicate of the county, for each of the several purposes for which taxes
have been levied, and also a certificate or an abstract, of the taxes which have
become due and payable, and which remain unpaid: the auditor shall also
make out, and carefully file and preserve in his office, a list of the taxes and
penalty so due and unpaid, which shall be denominated the delinquent list.
[56 v. 101, § 9; S. & C. 1477.]
See note to State v. Staley, 38 O. S. 266, under 2 1043.
SEC. 1045. [Shall transmit to auditor of state duplicates of certifi- .
cates and abstracts of settlement.] The county auditor shall, within ten
days after he has made each semi-annual settlement with the county treasurer,
transmit to the auditor of state a duplicate of each of the several certificates
and abstracts required to be made in the settlement; and in counties con-
taining a city of the first and second grade of the first class, he shall also trans-
mit to the auditor or comptroller of said city a certified abstract which shall
show:
First. The original amount of all taxes levied by the city council, except
539
Tit. VIII, Ch. 4.
COUNTY AUDITOR.
§§ 1046-1049.
the sewer district taxes as shown by the tax duplicate, the subsequent additions
thereto, the delinquencies and forfeitures of former years, the taxes ascertained
to be erroneous and remitted before payment, the taxes ascertained to be errone-
ous and refunded after payment, the fees and costs of collections, the net total
due the city and the o[a]pportionment thereof to its various funds.
Secondly. For the liquor traffic tax, the number of saloons taxed, the total,
tax thereon, the delinquencies and uncollected tax, the penalties, the fees and
costs of collection, the tax refunded, the net amount due the city and its distri-
bution to the proper funds.
Thirdly. For each sewer district, the total amount of sewer tax levied
thereon for the year, the delinquencies of former years not prior to 1887, the
amount collected, the fees thereon, the amount remaining unpaid, and the net
amount due the city.
Fourthly. For each special assessment, the amount of the tax list certified
for collection or the balance unpaid thereon at the last settlement, as the case
may be, the amount collected, the fees thereon, the net amount due the city,
and the amount remaining uncollected, and
Fifthly. Such other and further facts, and in such form, as the city auditor,
by and with the approval of the city council, shall prescribe. [1889, March 27:
86 v. 160; Rev. Stat. 1880; 56 v. 101, § 10; (S. & C. 1478).]
SEC. 1046. [List of delinquent lands and lots, and record thereof.]
The auditor shall, annually, during the month of August, make out and record,
in a book to be provided for that purpose, a list of all lands and town lots
returned by the treasurer delinquent at the preceding settlement, describing
such lands and town lots, in said list, as the same are described on the tax
duplicate, and charging thereon the unpaid taxes for the year next preceding,
together with the penalty thereon, and also the taxes of the current year; and
shall certify the correctness thereof, and the date at which the same was
recorded, and sign the same officially. [56 v. 101, § 6; S. & C. 1477.]
SEC. 1047. [How the auditor shall keep accounts with townships,
cities, villages, hamlets, and special school districts.] The auditor shall
open an account with each township, city, village, hamlet, and special school
district in his county, in which, immediately after his semi-annual settlement
with the treasurer, in February and August of each year, he shall credit each
with the net amount so collected for its use; and on application of any town-
ship, city, village, hamlet, or school treasurer, the auditor shall give him a war-
rant on the county treasurer, for the amount then due to such treasurer, and
shall charge him with the amount of such warrant; but the person so applying
for such warrant, shall deposit with the auditor a certificate from the clerk of
the township, city, village, hamlet, or district, stating that such person is treas
urer thereof, was duly elected or appointed, and that he has given bond accord-
ing to law. [56 v. 128, § 22; S. & C. 100.]
When the trustees of a township are entitled to moneys collected by taxation, under said act, and the
treasurer refuses, upon presentation of the proper orders, to pay over the moneys, he may be compelled to do
so by mandamus: Cass Tp. v. Dillon, 16 O. S. 38.
SEC. 1048. [Account with new township, and distribution to same.]
On the erection of a new township in his county, the auditor shall open an
account with the same, and at his next semi-annual settlement, credit it with
all moneys for taxes collected in or distributable to the territory included in
such new township, making corresponding deductions from the township or
townships from which it was taken; and the moneys so credited, shall be
drawn for in favor of the treasurer of such new township, as aforesaid. [46 v.
53, § 1; S. & C. 1572.]
SEC. 1049. [Auditor annually shall return to the auditor of state the
number of horses, cattle, etc., and also information as to local indebted-
540
SS 1050-1053.
COUNTY AUDITOR.
Tit. VIII, Ch. 4.
ness.] The auditor shall, on or before the first day of July, annually, make
out and transmit to the auditor of state, an abstract of the number of horses, neat
cattle, sheep, hogs, mules, and asses in his county, as the same are returned to his
office by the assessors; and he shall also, on or before the first day of October,
annually, transmit to the state auditor, a complete abstract of the funded and
unfunded indebtedness of his county, and of each township, city, village, ham-
let, and of every school district therein, as the same may be on the first day of
September preceding, with the rate of interest payable thereon, the date of
maturity, and the purpose for which the same has been created; and, also,
what provision of money has been made for the payment of any such indebt-
edness, what amount has been collected, and whether remaining in the county,
township, city, village, hamlet, or school district treasury; and to enable the
county auditor to make this statement, the various officers of all townships,
cities, villages, hamlets, and school districts are required to furnish him with
information in that behalf, at such time and in such manner as he requires;
and he shall furnish them blanks for that purpose. [66 v. 26, § 2; 70 v. 251,
§§ 1, 2, 3.]
SEC. 1050. [Penalty for neglect.] If the county auditor fails to make
either of the returns in the preceding section required, for ten days after the
time therein limited, he shall forfeit to the state the sum of fifty dollars, to be
recovered by civil action; and, on being informed of such default by the state
auditor, the prosecuting attorney of the county shall collect the said forfeiture
and pay the same, less his fees of ten per centum, into the state treasury to the
credit of the school fund. [66 v. 26, §§ 2, 3.]
SEC. 1051. [Quadrennial report of deaf and dumb, etc.] The county
auditor shall also, in each year, when an enumeration in that behalf is required,
as soon as possible after the third Monday of May, make out and forward to
the auditor of state, a list of all the deaf and dumb, blind, insane, and idiotic
persons in his county, with the names and post-office addresses of their parents or
guardians, as the same are returned to him by the assessors; and if he fail to
make and forward such report within a reasonable time, he shall forfeit and
pay to the state any sum not exceeding one hundred dollars, to be recovered
and paid over as provided in the preceding section. [58 v. 40, §§ 2, 3; S. & S.
21, 22.]
SEC. 1052. [Annual report; dog tax, etc.] The county auditor shall,
annually, as soon after the assessors have made their returns as practicable,
make out and forward to the auditor of state, a statement showing the number
of sheep killed or injured by dogs, the aggregate loss sustained thereby, the
amount paid in that behalf out of the tax on dogs, the amount of that fund
remaining in the treasury, and the amount, if any, transferred to the school
fund. [74 v. 179, §11.]
A per capita tax on dogs is not inhibited by the Constitution: Holst v. Roe, 39 O. S. 340, 345.
SEC. 1053. [Abstract, only, of delinquent list to be forwarded to
auditor of state; delinquent and forfeited land to be taxed.] The delin-
quent list shall not be returned to the office of the auditor of state, but shall
be recorded by the county auditor, immediately after his semi-annual settle-
ment with the county treasurer, an abstract of which, in such form as the
auditor of state prescribes, shall be sent to his office, with the settlement sheet
of the county treasurer, in August; and no taxes returned delinquent shall be
paid into the state treasury, except by the county treasurers; and in making
out the duplicate of each year, all tracts of land and lots returned delinquent
or forfeited to the state, shall be again entered on the duplicate, and the taxes
on such tract or lot, including the taxes of the current year, shall be charged
541
Tit. VIII, Ch. 4.
COUNTY AUDITOR.
SS 1054-1061.
thereon, with fifteen per cent. penalty on the amount charged on the duplicate
of the preceding year. [56 v. 175, §54; S. & C. 1459.]
See note to White v. Woodward, 44 O. S. 347, under § 2844.
SEC. 1054. [County sealer.] The county auditor is constituted county
sealer of weights and measures in his county, and he shall be responsible for
the preservation of the copies of the original standards delivered to his office.
[58 v. 78, §7; S. & S. 924.]
For state sealer, see ?? 142-146.
For weights and measures, see ?? 4428-4446.
SEC. 1055. [Duties of county sealer.] The county sealer shall com-
pare all weights and measures, which are brought to him for that purpose, with
the above-mentioned copies of such standards in his possession; and when they
are made to compare to the legal standards, the officer comparing the same shall
seal and mark such weights and measures. [58 v. 78, § 11; S. & S. 925.]
SEC. 1056. [County sealer shall deliver copies to successor.] When
a county sealer resigns, is removed from office, or removes from the county, he
shall deliver to his successor in office all the standards, beams, weights, and
measures in his possession; and in case of the death of such sealer of weights
and measures, his representatives shall, in like manner, deliver to his successor
in office such beams, weights, and measures. [58 v. 78, § 13; S. & S. 925.]
SEC. 1057. [Penalty for refusal.] In case of a neglect or refusal to
deliver such standards entire and complete, the successor in office may main-
tain a civil action against the person so refusing or neglecting, and recover
double the value of such standards as have not been delivered, with costs of
suit, which shall be by him appropriated to the purchase of such standards as
are required in his office. [58 v. 78, §14; S. & S. 925.]
SEC. 1058. [Surveyors' chains, and testimony.] No surveyor shall
give evidence in any cause pending in any of the courts of this state, or before
arbitrators, respecting the survey or admeasurement of any lands, unless such
surveyor make oath, if required, that the chain or measure used by him was
conformable to the standards of this state. [58 v. 78, §15; S. & S. 925.]
SEC. 1059. [Penalty for using false weights and measures.] If any
person hereafter uses any weights, measures, or beams, in weighing or measur-
ing, which do not conform to the standards of the state, or any other measures
established by law, whereby any dealer in, purchaser, or seller of, any com-
modity or article of traffic is injured or defrauded, such dealer, purchaser, or
seller, may maintain a civil action against the offender, and if judgment is
rendered for the plaintiff, he shall receive double damages and costs of suit. [58 v.
78, §20; S. & S. 926; (S. & C. 1614).]
See ? 1054 and referenccs.
Act to prevent the use of any measure except the standard half bushel in dealing in
wheat, see (4439—1).
Act requiring the use of dry measure in the sale of berries and other small fruits, see
? (4442-1).
SEC. 1060. [When not to be enforced.] The provisions of the two
preceding sections shall not be enforced in any county, unless such county has
been furnished with copies of the standards of this state, at least six months
previous to the measuring or surveying mentioned as aforesaid. [58 v. 78,
§ 16; S. & S. 925.]
See 143 and reference.
SEC. 1061. [Deputy sealer of weights and measures; appointment;
duties; compensation.] Every county sealer of weights and measures may
542
§ 1061.
COUNTY AUDITOR.
Tit. VIII, Ch. 4.
appoint by writing under his hand and seal a deputy, who shall compare
weights and measures brought to the office of the county sealer for that pur-
pose, with the copies of the original standards in the possession of the county
sealer, and who shall receive for the performance of that duty, the compensa-
tion in each case provided by law;
[Sealer of weights and measures in Toledo; appointment, etc.] Pro-
vided, however, that in cities of the third grade of the first class there shall
be appointed by the mayor, and confirmed by the common council, one sealer
of weights and measures, a competent person for the position, who shall receive.
a salary of fifteen hundred ($1,500) dollars per annum, to be paid by the city,
and which shall be in lieu of all fees or charges otherwise allowed by law.
Such sealer shall hold his office for a term of two years and until his successor
is appointed and qualified, and he shall be authorized to appoint a competent
deputy, at his own expense, to assist him in the performance of his duties.
Before entering on his duties, such sealer shall take the oath of office required
by law, and give a bond to the city, conditioned for the faithful performance
of his duties, with security, to the approval of the common council, in the sum
of one thousand ($1,000) dollars.
[State sealer to furnish copies of standards.] State sealer of weights
and measures, as provided in section 145, Revised Statutes of Ohio, shall fur-
nish, for the use of such sealer, all necessary and approved standard measures,
and also all standard weights required, under fifty pounds, with necessary sub-
divisions.
[Sealer to furnish standard weights.] Such sealer shall furnish, at his
own expense, not less than two thousand pounds of standard weights to be
used in testing wagon and other large scales, and shall use not less than one
thousand pounds in testing wagon scales, and not less than two thousand
pounds in testing railroad track scales.
[Duty of sealer.] It shall be the duty of the sealer to faithfully devote his
time to the performance of the duties of his office, and to test all weights,
measures, scales, beams, steelyards, and other machinery used for weighing or
measuring, within such city, at least once in every year; and, upon being noti-
fied, in writing, by any person that any weight, measure, scale, beam, steelyards,
or other machinery for weighing or measuring any article intended to be pur-
chased or sold in such city, is inaccurate, or believed to be so, or not according
to the standard, to at once make an examination of the same;
[Sealer has police powers.] And in the exercise of such duties he shall
have full police powers to enforce any and all reasonable measures for testing
such weights and measures, and also in ascertaining whether false or short
weights and measures are being given in any sales or transfers of articles of
merchandise taking place within such city;
[Approval of weights or measures.] And after he shall have found such
weights and measures to be correct and according to the standard prescribed
by law, he shall seal or mark the same with a stamp, or by pasting a card
thereon, as he may deem most proper, with the letters "C. S.," the initials for
"City Sealer," which said cards and seals shall be provided by the city.
[Confiscation and destruction of unlawful weights and measures; use
of weights, etc., not standard, prohibited.] If such sealer shall find, upon
examination of any weights or measures used by any person, that the same do
not conform to the standard prescribed by law, he shall have authority to con-
fiscate such weights or measures and destroy the same. No person shall use
weights, measures, scales, beams, steelyards, or other machinery for weighing
543
Tit. VIII, Ch. 4.
COUNTY AUDITOR.
§§ 1062-1063.
or measuring any article intended to be purchased or sold in such city, or any
weight or measurement in which other persons or the public are interested,
which do not conform to the standards prescribed by law.
[False or short weight or measure.] No person shall give or direct or
permit any person in his employ to give any false or short weight or measure
in the sale or transfer of any property in such city, whereby any person may
be defrauded or injured.
[Altering weight, measure, etc.] No person shall alter or permit to be
altered, or knowingly use or permit to be used, after the same shall have been
altered, any weight, measure, scale, beam, steelyards, or other instrument for
weighing or measuring, after the same shall have been tested, marked and
sealed, which, by reason of such alteration, shall not conform to the legal
standard.
[Persons required to exhibit to sealer weights, etc., for examination,
testing and marking.] It shall be the duty of every person or persons, when
called upon, to exhibit to such sealer all weights, measures, scales, beams, steel-
yards, or other machinery by them used or intended to be used for weighing
or measuring any article or commodity, bought or sold, and permit said sealer
to examine, test, and mark the same.
[Penalty.] Any person violating any of the provisions of this act, or any
section thereof, shall, upon conviction thereof in any court having jurisdiction
thereof, be fined not less than five ($5.00) dollars nor more than twenty-five
(25.00) dollars for the first offense, or imprisoned not more than thirty days,
or both; and, upon conviction for any subsequent offense, shall be fined not less
than twenty-five ($25.00) dollars nor more than one hundred (100.00) dollars,
or imprisoned not more than sixty days, or both, and shall stand committed
until such fine and costs are paid. [93 v. 201; 91 v. 302; 58 v. 78, § 17; S. &
S. 925.]
SEC. 1062. [Fees.] Each sealer is allowed to receive for his services,
the following rates: For sealing and marking every beam, ten cents; for seal-
ing and marking measures of extension, at the rate of ten cents per yard, not
exceeding twenty-five cents for any one measure; for sealing and marking every
weight, five cents; for sealing and marking liquid and dry measures, if the same
be of one gallon or more, ten cents, and if less than one gallon, five cents; and
a reasonable compensation for marking such weights and measures, so as to con-
form to the standards. [58 v. 78, § 12; S. & S. 925.]
SEC. 1063. [County auditor's duty as to drawing warrant upon county
treasurer; treasurer's duty as to payment.] The auditor of any county in
this state owing a funded debt, bearing interest payable at stated periods, shall
draw at the proper times, his warrants upon the treasurer of his county, for the
payment of the gross sum of such installments of interest as may be then due,
or for such sum of money in the treasury as may be applicable to that purpose,
and deliver the same to the treasurer of such county, and such treasurer, upon
the receipt of such warrant, shall make payment of the installment of interest
of such debt, at the times and places of payment specified in the security there-
for, out of any money in his hands applicable to that use; and upon payment
of the installment of interest, as herein provided, the treasurer shall take up
and hold the interest warrant so paid, till the same is cancelled, as herein pro-
vided; but if the interest be provided for in the body of the obligation, and
not by separate warrants therefor, he shall indorse the payment thereof on the
obligation and take from the holder a separate receipt, specifying the date,
amount, number, and time of maturity of such obligation, and the date of the
544
SS 1064-1067.
COUNTY AUDITOR.
Tit. VIII, Ch. 4.
maturity of the installment so paid, and amount and date of the payment.
[56 v. 28, §1; S. & C. 1233.]
SEC. 1064. [Same; when interest ceases, and till when.] If from any
cause such installment of interest be not paid at the time and place of maturity
thereof, as aforesaid, the county treasurer, at any time afterward, shall pay the
same, as funds in his hands applicable to that use may admit; but if the treas-
urer was ready with funds, at the time and place of maturity thereof, to make
payment of any installment of interest thereon, and the holder of the evidence
thereof did not have the same then and there present and in readiness to be
surrendered, or to have the payment indorsed thereon, as aforesaid, the county
shall not thereafter be bound to pay any interest thereon, till payment is after-
ward demanded at the office of the county treasurer, and the same refused.
[56 v. 28, §2; S. & C. 1234.]
SEC. 1065. [Treasurer's funded debt book.] The county treasurer
shall enter in a book to be provided for that purpose, at the expense of the
county, to be entitled funded debt, to the credit of funded debt, the amount
of money in gross then in his hands applicable to the payment of such debt,
and shall, in like manner, on the first Monday of each succeeding month, enter
in said book to the credit of the same account, all sums of money received by
him during the preceding month, applicable to the payment of such debt,
specifying from what sources the same were received, and shall, at the proper
dates, enter in the same book to the debit of the same account, all sums dis-
bursed by him out of said fund, specifying to whom and on what account,
which book shall be open to the inspection of all persons interested in said
fund, at all times, and shall be kept in the treasurer's office, and delivered over
with the office to his successor. [56 v. 28, § 3; S. & C. 1234.]
SEC. 1066. [The county auditor shall furnish treasurer with abstract
of funded debt; his account thereof.] The auditor of each county in the
state, owing a funded debt, as aforesaid, shall furnish the treasurer of such
county, an abstract of the funded debt of such county, specifying the dates,
amounts, numbers, times of maturity, of principal, rates and times of maturity
of interest installments thereon, and where payable, and the treasurer shall
open such accounts thereon in the book to be provided, as aforesaid, as are
expedient and proper, to show at all times the amount and several classes of
the funded debt of the county, the rate of interest accruing thereon, the pay-
ments made on account of the same, and the amount due and unpaid thereon.
[56 v. 28, §4; S. & C. 1234.]
SEC. 1067. [County treasurer's duty at stated settlements.] The
treasurer at his stated settlements, shall produce and exhibit to the county
commissioners and auditor, all obligations for interest warrants by him redeemed,
and all receipts for interest paid in cases in which there are no separate warrants,
and after the same are compared with his accounts, and the accounts corrected
so as to correspond with the vouchers so produced, the interest warrants shall
be canceled in such manner as to prevent their being used or put into circula-
tion, and with the vouchers for interest paid, other than upon warrants, shall
be filed and preserved in the office of the county auditor, and the county com-
missioners shall have the power at any time, to require the treasurer to surrender
for cancellation, as aforesaid, the obligations and warrants by him redeemed,
subject to his right to be credited therewith, according to right and justice; and
the treasurer shall have the right at any time, on reasonable notice, to require
the county commissioners and auditor to receive said obligations and warrants
for cancellation. [56 v. 28, §5; S. & C. 1234.]
545
Tit. VIII, Ch. 4.
COUNTY AUDITOR.
§§ 1068-1070.
SEC. 1068. [When principal may be paid in same manner.] In case
the principal of any of the obligations of the county is, by their terms, payable
elsewhere than at the county treasury, payment thereof may be provided for
and made by the means and in the manner above prescribed for the payment
of interest, and preparation shall be made by the treasurer for paying the same
at such place; but any money provided or deposited at such place for that pur-
pose, shall not be left there more than ten days after the maturity of such
principal, but shall be replaced in the treasury, and thereafter such obligations
shall be payable at the county treasury, and no interest shall be paid after
maturity.
SEC. 1069. [Compensation.] The several county auditors shall here-
after receive compensation, per annum, for their services, as follows: In counties
having two thousand male inhabitants above the age of twenty-one years, the
auditor shall receive eight hundred dollars per year, and in counties having
more than two thousand such inhabitants, the auditor, in addition thereto,
shall receive for each year the sum of twelve dollars for each additional one
hundred such inhabitants above two thousand in such county. [90 v. 108; 74
v. 124, § 1; 76 v. 117, § 1; (S. & S. 370; S. & C. 636).]
For compensation of auditor in Hamilton county, see? 1341 et seq.
For compensation of county officers in counties containing a city of the second grade,
first class-Cuyahoga, see ? (1365—1) et seq.
For compensation of county auditor in counties having not less than forty-six thousand
and not more than fifty-two thousand at the census of 1870-Lucas (78 v. 167), see
? (1365-18) et seq.
For compensation of auditors under "an act to provide against the evils arising from the
traffic in intoxicating liquors (83 v. 157, 161, and amendments thereto), see ? (4364—9)
et seq.
>>
The act of May 1, 1862 (59 v. 104), similar in its provisions, was held to be constitutional: Cricket v. State,
18 O. S. 9.
A county auditor is not entitled to compensation from a city for preparing at its request a special de-
linquent assessment duplicate and distributing and apportioning the assessments: Marshall v. Wooster,
Supreme Court without report, 38 W. L. B. 170.
See note to Jones v. Côm. 57 O. S. 189, under 2 1077.
SEC. 1069a. [88 v. 576; repealed 90 v. 108.]
SEC. 1070. [Additional compensation of county auditors.] The sev-
eral county anditors shall receive compensation for their services, in addition
to that provided for in the preceding section, as follows: In counties having a
population of less than three thousand five hundred such inhabitants, one hun-
dred and fifty dollars; in counties having three thousand five hundred and less
than four thousand five hundred such inhabitants, one hundred and eighty dol-
lars in counties having four thousand five hundred and less than five thousand
five hundred such inhabitants, two hundred and ten dollars; in counties having
five thousand five hundred and less than six thousand five hundred such inhab-
itants, two hundred and forty dollars; in counties having six thousand five.
hundred and less than seven thousand five hundred such inhabitants, two
hundred and seventy dollars; in counties having seven thousand five hundred
and less than eight thousand five hundred such inhabitants, three hundred
dollars; in counties having eight thousand five hundred and less than nine
thousand five hundred such inhabitants, three hundred and thirty dollars; in
counties having nine thousand five hundred and less than ten thousand five
hundred such inhabitants, three hundred and sixty dollars; in counties having
ten thousand five hundred and less than eleven thousand five hundred such inhab-
itants, three hundred and ninety dollars; in counties having eleven thousand
five hundred such inhabitants, three hundred and ninety dollars; in counties
having eleven thousand five hundred and less than fifteen thousand such inhab-
itants, seven hundred and eighty dollars; in counties having fifteen thousand
36
546
§§ 1070a-1073.
COUNTY AUDITOR.
Tit. VIII, Ch. 4.
and less than seventeen thousand and five hundred such inhabitants, eight
hundred and forty dollars; in counties having seventeen thousand five hundred
and less than twenty thousand such inhabitants, nine hundred dollars; in
counties having twenty thousand and less than twenty-five thousand such
inhabitants, ten hundred and fifty dollars; in counties having twenty-five thou-
sand and less than forty thousand such inhabitants, eighteen hundred
dollars; in counties having forty thousand and less than fifty thousand such
inhabitants, twenty-one hundred dollars; in counties having fifty thousand
and less than sixty thousand-such inhabitants, twenty-four hundred dollars; in
counties having sixty thousand and less than seventy thousand such inhabit-
ants, twenty-five hundred and fifty dollars; in counties having seventy thousand
and less than eighty thousand such inhabitants, three thousand dollars; in
counties having eighty thousand and less than ninety thousand such inhabit-
ants, thirty-three hundred dollars; in counties having ninety thousand and less
than one hundred thousand such inhabitants, thirty-six hundred dollars. Pro-
vided, however, that in counties whose auditor receives a fixed compensation,
payable out of the fee fund of said county, the additional compensation herein
provided for shall be received and paid in by him to the credit of said fee fund
of said county, and in no event shall said auditor receive a greater compen-
sation than the one so fixed by law, to be paid out of said fee fund. [90 v. 108;
85 v. 216; Rev. Stat. 1880; 74 v. 124, § 2; 76 v. 117, §2.]
Sections 1069 and 1070 are not to apply to Hamilton and Cuyahoga counties, see 90
v. 113, 8 7.
SEC. 1070a. [88 v. 557; repealed 90 v. 113.]
SEC. 1071. [Same.] In addition to the compensation specified in the
two preceding sections, the auditors of the several counties shall receive the
compensation provided by law for their services as members of the boards for
listing railroads, and under the school laws, and as county sealers, and in filing
away statements of taxable property, and also four per centum of the amount
of tax collected and paid into the county treasury, properly [on property]
omitted and placed by them on the tax duplicate. [74 v. 124, § 3; 73 v. 221,
§ 1; 76 v. 117, § 3.]
No liability is imposed on the state for the payment of any part of the compensation provided for in this
section: State ex rel. v. Cappeller, 39 O. S. 207.
This four per cent.!fee does not disqualify the auditor from acting under 2 2781, 2782: Probasco v. Raine,
50 O. S. 378.
See note to Jones v. Com. 57 O. S. 189, under ? 1077.
Auditor's fees for collecting Dow law assessments in Butler and Darke counties, see
? (4364-18) and note.
SEC. 1072. [Quadrennial enumeration shall be the rule of the commis-
sioners.] In determining the compensation of county auditors, according to
male inhabitants over twenty-one years of age, the county commissioners shall
be governed by the quadrennial enumeration of these inhabitants provided for
by law. [74 v. 124, § 4; 76 v. 117, § 4.]
SEC. 1073. [Fees for transfers, etc.] The county auditors may charge
and receive, for their own use, fees as follows: For certificate of sale of school
land, to be paid by the purchaser, twenty-five cents; for certificate of payment
of installment into the treasury on school lands, to be paid by the purchaser
fifteen cents; for final certificate of payment for school lands, to be paid by the
purchaser, seventy-five cents; for deed of lands sold for taxes to be paid by the
purchaser, one dollar; for the transfer of an entry of land, lot, or part of lot,
to be paid by the person requiring the same, eight cents; but the whole amount
of the fees for transfers of real estate described in any one deed, plat, or other
547
Tit. VIII, Ch. 4.
COUNTY AUDITOR.
SS 1074-1077.
instrument, shall not exceed one dollar and fifty cents. [74 v. 124, §5; 76 v. 117,
§5; (S. & C. 107; S. & C. 636).]
SEC. 1074. [Fees under free turnpike law.] The auditors of the sev-
eral counties shall receive the following fees, to be paid out of the county
treasury, for their services under the free turnpike laws: For all free turnpike
road work, where the same has been granted and road commissioners appointed
to lay out, locate, and construct the same: for recording the proceedings of the
county commissioners, apportionment of road commissioners and all other
recording required in making a complete record, for each hundred words
(where figures are used, three figures are to be counted as one word), eight cents;
and for making out special tax duplicate, for the purpose of collecting the tax
from the owners of each and every description of lots and lands and personal
property within the bounds of said roads, as shown by the maps returned to
the county auditor by the county road commissioners, for each and every
description of property sought to be assessed, eight cents. [74 v. 124, § 6;
76 v. 117, § 6.]
SEC. 1075. [Fees under improved road law.] The auditors of the
several counties shall receive the following fees, to be paid out of the county
treasury, for their services under the improved road laws: For recording papers,
proceedings, apportionments, and all other recording required in making up a
complete record of improved roads, for each hundred words (where figures are
used, three figures to be counted as one word), eight cents; and for making out
special tax duplicate, for the purpose of collecting the tax from the owners on
each and every description of lots, lands, and personal property sought to be
assessed for such improvement, eight cents. [74 v. 124, §7; 76 v. 117, §7.]
See note to Stewart v. Logan Co., 2 C. C. 134, under ? 1077.
SEC. 1076. [Allowances for clerk hire.] The county commissioners of
the several counties have authority, and are required, to make an additional
allowance to the county auditor for clerk hire, not exceeding twenty-five per
cent. of the annual allowance made in the preceding sections in the years when
the real property is required by law to be re-appraised. [74 v. 124, §9; 76 v.
117, $9.]
SEC. 1077. [Claims for services shall be made in detail.] All claims
for services of the county auditors, which are payable from the county treasury,
shall be made out in detail according to the rates named in the foregoing sec-
tions, and shall be presented to the county commissioners who after being
satisfied that the labor has been performed, shall allow said bill or claim and
cause the same to be spread upon the minutes of their board; and, after being so
allowed, the county auditor is authorized to draw his warrant upon the treasurer
of the county, for the amount of the bill or claim so allowed. [74 v. 124, § 10;
76 v. 117, § 10.]
The county auditor is not entitled to extra compensation for making the report required by 2 917 of the
county commissioners as to their financial transactions, although allowed by the county commissioners:
Jones v. Com. 57 O. S. 189; nor for (a) correcting assessor's books after meeting of board of equalization; (b)
fee as secretary in assessing R. R.: (c) attending a joint ditch meeting of commissioners of adjoining coun-
ties; (d) making special ditch duplicates; (e) making special road duplicates; (f) working on commissioner's
journal; (g) working on sheep claims and soldiers' relief fund; (h) platting county ditches: Id.
Money so paid may be recovered back, although allowed by Com.: Jones v. Com. 57 O. S. 189.
Where such money is paid out on his own warrant, presented to commissioners and allowed, this is a
violation of his bond for the faithful discharge of his office: Id.
When the committee appointed by virtue of 2 1131 reports a breach of bond, an action in the name of the
state on behalf of the county by the prosecuting attorney against the officer and his sureties to recover mon-
eys illegally paid, is proper: Jones . Com., 57 Ŏ. S. 189
Upon the refusal of the county commissioners to allow an auditor compensation for making out special
road improvement duplicates, appeal to the court of common pleas is the only remedy; Stewart . Logan Co.,
2 C. C. 134.
Cited, Ridenour v. State, 7 O. D. 481, 14 C. C. 393, 397.
548
§ 1078.
COUNTY AUDITOR.
Tit. VIII, Ch. 4.
SEC. 1078. [Compensation shall be in full.] The fees and compensa-
tion provided for by the foregoing sections shall be in full for all services law-
fully required to be done by the auditors of such counties; and it shall be
unlawful for any county auditor to charge or receive any other or further fees
or compensation, either as clerk of any board, or for any [other] services ren-
dered by him. [74 v. 124, § 11; 76 v. 117, § 11.]
See note to 11 C. C. 136: 5 O. D. 152; aff'd 57 O. S. 189, under 2 1021.
A county auditor is not entitled to compensation from a city for preparing at its request a special de-
linquent assessment duplicate and distributing and apportioning the assessments: Marshall v. Wooster, Su-
preme Court, without report, 38 W. L. B. 170.
See note to Jones v. Com. 57 O. S. 189, under § 1077.
549
Tit. VIII.
COUNTY TREASURER.
Ch. 5
CHAPTER 5.
COUNTY
SECTION
1079.
Election and term.
1080. Bond.
1081. Vacancy if bond not given.
1082.
Vacancy: how filled.
1083.
Additional sureties or bond may be required:
consequence of failure to comply with requi-
sition.
1120.
1121.
1084. His office, books, and accounts.
1084-1. Providing additional places to pay taxes
other than the treasurer's office in certain
counties.
1122.
TREASURER.
SECTION
1117. Fees of county treasurer,
1118. Penalty for allowing or receiving illegal fees.
1119. Certificate and oath of treasurer to fees re-
ceived.
Payment into state treasury.
Expense of transmission of money to or from
state treasury to be paid to treasurer.
County treasurer's payments to local treasurers.
1122a. Payments by county treasurers into depositaries in
certain cities.
Advance payments may be made to local author-
ities.
1123.
1084-2. Deputies.
1084-3. Reports by deputies of taxes collected.
1084-4. When taxes may be paid.
1084-5. Duty of county treasurer as to duplicates, etc.
1085. How moneys paid into the county treasury.
1085-1. What notes state and county treasurers shall
receive and pay out.
1124.
Payments for sections sixteen and twenty-nine
to state treasurer.
1125.
Penalty for failure to settle with and pay the
state.
1126.
1127.
1086. Duplicate receipts shall be given for all pay-
Suit on bond for failure to settle or pay.
On institution of such suit, treasurer may be
removed.
ments.
1128.
1087. Notices of rates of taxes shall be given by
treasurer.
1129.
1088. When the office shall be kept open to receive
taxes.
1130.
1131.
1088a. Offices to receive taxes in every township in
Columbiana county.
On expiration of office, books, moneys, etc.,
shall be delivered to successor.
Examinations of county treasury.
Powers of examiners.
Examination by committee on petition of
tax-payers.
1132.
Fees of committee.
10886 Same in Adams county.
1089. May appoint deputies.
1090.
1133.
Duty of prosecuting attorney on the coming
in of the report.
1134.
Embezzlement by county treasurer cause of
removal.
1135.
1136.
When night watchman shall be employed.
Semi-annual publication of the state of the
treasury.
Receipts shall be given: what to contain; receipts
for assessments, special taxes, penalties or delin-
quencies; penalties, how receipted for; penalty for
violation of this section.
1091. Taxes may be paid half in December and half
in June: exception.
1092. Such installments, how apportioned.
1093. How other proportions of taxes may be paid.
1094. Effect of not paying taxes at times named.
1095. Overdue taxes may be collected by distress.
1096. Fees therefor.
1097. Collection by rule of court.
1098. Treasurer shall note on the personal property
delinquent return the residence of non-resi-
dent delinquent.
COUNTY DEPOSITARY ACTS.
1136-1. County depositary.
1136-2. Notice for proposals from banks; what to
contain.
Opening of proposals and awarding; ex-
pense and risk when deposits made
outside county seat.
1136-3.
1136-4.
Undertaking required.
1099. Shall make account of such tax and forward
same to treasurer of county in which delin-
quent may reside.
1136-5.
Approval of undertaking; failure to exe-
cute same.
1136-6.
When bank becomes depositary; term;
additional security, etc.
1100
Duty and fees of the treasurer to whom the
same is sent.
1136-7. Hypothecated bonds as security.
1136-8. Deposits by treasurer.
1136-9. Monthly statement of depositary.
1101. His return and remittance.
1102. Proceedings by attachment, etc., for collection
of taxes.
1103. Treasurer may collect for his own use taxes
with which he is charged.
1104. Action by treasurer for unpaid taxes; petition, evi-
dence, judgment and decree; redemption; costs;
Lucas county prosecuting attorney.
1105. No moneys to be paid out but on warrant of
county or state auditor.
1106. Books, accounts, and moneys always subject to
examination by the commissioners.
1107. Payment and collection of county warrants.
1108. Indorsement of warrant when presented and
not paid.
1109. Public notice shall be given when there are
funds to pay the same.
1110. Interest paid on warrants shall be indorsed,
and account thereof.
1111. Deposit with the auditor quarterly of warrants
paid.
1112.
The treasurer shall not discount warrants:
penalty.
1113. The treasurer not to be credited with interest
unless indorsed.
1114. Penalty for loaning or using money.
1115.
Semi-annual settlements.
1116. Full annual settlement.
1136-10. Williams county.
1136-11. Liability of treasurer.
1136-12. Penalty.
1136-13. Conflicting statutory provisions superseded
CUYAHOGA.
1136-14. Cuyahogo county: depositary for public
moneys.
1136–15. Advertisement for proposals from banks for
use of such moneys.
1136-16. Opening of proposals; award: rejection of
bids; re-advertising.
1136-17. Undertaking required of depositary.
1136-18. Same to be approved by prosecuting attor-
ney; failure to execute same; new award;
rejection of all bids: re-advertising.
1136-19. When a bank becomes such depositary; ad-
ditional security: removal of public
moneys; temporary depositary.
1136-20. Hypothecation of interest-bearing bonds
entirely or partly in lieu of such under-
takings; indorsement; safe-keeping; in-
terest thereon.
1136-21. Deposit of funds in county treasury when a
depositary can not be secured; his dis-
bursements; books and statements.
550
§ 1076.
COUNTY TREASURER.
Tit. VIII, Ch. 4.
SECTION
1136-22. Deposits by treasurer in depositary; money,
how disbursed from depositary; treas-
urer's checks; auditor's warrants; war-
rants not to be drawn, unless, etc.; assign-
ment of undivided tax receipts to ex-
hausted funds; interest on money in
depositary, how computed; depositary's
notices to auditor and treasurer.
1136-23. Treasurer's daily statement to auditor; ac-
counts; moneys, how paid to treasurer:
receipts; moneys received by treasurer
from state treasury; daily tax statements.
1136-24. Books to be kept by auditor.
1136-25. Auditor's certificate to correctness of treas-
urer's statements; discrepancies.
1136-26. Payments to treasurer of state: how made.
1136-27. Payment of treasurer of fees of jurors and
witnesses; of allowances to indigent sol-
diers.
1136-28. Auditor's monthly statement to commis-
sioners.
1136-29. Liability of treasurer as affected by this act.
1136-30. Penalty for violations of this act.
1136-31. Statutory provisions conflicting herewith
superseded hereby.
LUCAS.
1136-32. Designation of a bank as a depositary for
Lucas county.
1136-33: Advertising for proposals from banks to act
as depositaries.
1136-34. Opening of proposals; award; rejection;
re-advertising.
1136-35. Undertaking required of the depositary.
1136-36. Same to be approved by prosecuting attor-
ney; failure to execute same; new award;
rejection of all bids, and re-advertising.
1136-37. When bank receiving the award becomes
the depositary aforesaid; additional un-
dertaking; removal of deposits; tempo-
rary depositary.
1136-38. Hypothecation of interest-bearing bonds in
lieu of such undertakings; as additional
security; indorsement; safe-keeping
thereof; interest.
1136-39. Deposit of funds in county treasury with
depositary can not be secured; disburse-
ments by treasurer; his books and state-
ments.
1136-40. Deposits by treasurer in the depositary;
money, how disbursed from depositary;
treasurer's checks; auditor's warrants;
warrant not to be drawn, unless, etc.;
assignment of undivided moneys to ex-
hausted funds; how interest on money
in depositary shall be computed and
credited; depositary's notices to treas-
urer and auditor.
1136-41. Treasurer's daily statement to auditor; ac-
counts; moneys, how paid to treasurer;
receipts; moneys received by treasurer
from state treasury; his daily tax state-
ments.
SECTION
1136-42. Books which the auditor shall keep.
1136-43. Auditor's certificate to correctness of treas-
urer's statement; discrepancies; notice
to commissioners.
1136-44. Payments to treasurer of state: how made.
1136-45. Payment by treasurer of fees of jurors and
witnesses; of allowances for relief of in-
digent soldiers, etc.
1136-46. Auditor's monthly statement to commis-
sioners; duty of commissioners; duty of
depositary, commissioners and auditor as
to treasurer's checks.
1136-47. Liability of treasurer as affected hereby.
1136-48. Penalty for violation of this act.
1136-49. Statutory provisions conflicting herewith
superseded hereby.
STARK.
1136-50. Providing a depositary in certain counties.
1136-51. Advertising for proposals from banks.
1136-52. Opening of proposals; award, etc.
1136-53. Undertaking required of depositary.
1136-54. Undertaking to be approved by prosecuting
attorney.
1136-55. When additional security may be required.
1136-56. Hypothecation of bonds in lieu of under-
taking.
1136-57. When money to remain in county treasury.
1136-58. Treasurer to deposit funds in depositary;
how moneys paid out by treasurer; when
commissioners may apportion taxes col-
lected in advance of distribution; state-
ments by depositary.
1136-59. Statements by treasurer.
1136-60. Duty of auditor.
1136-61. Statements of treasurers to be filed.
1136-62. How moneys paid to state.
1136-63. Witness and jury fees.
1136-64. Monthly statement by auditor.
1136-65. Liability of treasurer.
1136-66. Penalty for violation of this act.
1136-67. Certain statutes superseded.
SENECA.
1136-68. Depositary for Seneca county.
1136-69. Proposals to be asked for.
1136-70. Award.
1136-71. Bond.
1136-72. Bond must be approved, etc.
1136-73. When bank becomes depositary.
1136-74. Interest-bearing bonds as security.
1136-75. Treasurer to continue as custodian if de-
positary not secured.
1136-76. When money shall be placed with deposi-
tary, etc.
1136-77. Semi-monthly statements to be made.
1136-78. Books to be kept by auditor.
1136-79. Daily comparison of accounts.
1136-80. Payments must be made with checks, etc.
1136-81. Balance of cash which may be retained.
1136-82. Monthly statements to be made.
1136-83. Liability of Treasurer.
1136-84. Penalties.
For depositary acts, see? (1136-1) et seq.
As to collection and disbursement of state taxes upon Ohio university lands (in Athens
county) (82 v. 115), see? (4105-7) et seq.
For
et seq.
an act to provide for the relief of indigent soldiers," etc. (83 v. 232), see? (3107-50)
As to employment of persons to secure fuller and better return of property for taxa-
tion, etc. (85 v. 170), see ? (1343—1) et seq.
As to when liquor tax to be paid into state treasury (86 v. 351), see ? (4364—23).
As to providing additional places to pay taxes, other than the county treasurer's office,
in counties containing a city of the first class, second grade (86 v. 354), see? (1084-1) et seq.
As to counties having a population of 64,031, and containing a city of the second class,
third grade (86 v. 385), see ? (1136—50) et seq.
Annual payment by to treasurer or the officer of school board of certain sum provided
under the act authorizing day schools for deaf children, see ? (4009—11).
Custodian of library fund of Hamilton county, see? 3999c.
Duty under act "to authorize township trustees and county commissioners to organize
special road districts,” etc., see ? (4757—20).
Of Butler county to act as city treasurer of Hamilton, ? (1545—312).
SEC. 1079. [Election of treasurer and term of office.] A county
treasurer shall be elected, bien[n]ially, in each county, at the fall election, who
shall hold his office for two years from the first Monday of September, next
551
Tit. VIII, Ch. 5.
after his election.
1584.]
COUNTY TREASURER.
S$ 1080-1083.
[29 v. 291, §1; 56 v. 101, § 15; S. & C. 1479; S. & C.
See ?? 18, 1020, 1164, 1268.
SEC. 1080. [Bond and oath.] The treasurer, previous to entering on
the duties of his office, shall give bond, with four or more freehold securities,
to the acceptance of the county commissioners, and in such sum as the com-
missioners direct, payable to the state, and conditioned for [the] paying over,
according to law, all moneys which come into his hands for state, county,
township, or other purposes; which bond, with the oath of office and approval
of the commissioners indorsed thereon, shall be deposited with the auditor of
the county, and be by him carefully preserved; and said bond shall be made at
part of the record of the proceedings of the commissioners, of the day when
accepted and approved by said commissioners and entered in full thereon.
[87 v. 21; 29 v. 291, § 2; S. & C. 1584.]
A treasurer elect, who, within the time limited, delivers a proper bond which the commissioners do not
act on till the day after the limitation, when they approve it, and the treasurer then immediately takes the
oath of office, and has the same indorsed on the bond, thereby becomes the legal treasurer: State v. Tool,
4 O. S. 553.
A treasurer's bond, conditioned that he will faithfully and impartially discharge all the duties of the
office, is a good statutory bond, and his omission to take the oath of office will discharge the sureties: State v.
Findley, 100. 51: Kelly v. State, 25 O. S. 567; if the treasurer's name is recited in the bond, but he neither signs
nor seals it, it will still be good against the sureties: State v. Bowman, 10 O. 445; and the recital of a name in
the body of the bond, as that of one of the obligors, implies that the other obligors expect him to sign it; and
the attaching of his signature to the bond, after it has been signed and delivered by the obligors, will, in the
absence of proof to the contrary, be presumed to have been done with their consent, and will not vitiate the
bond: Kelly v. State, 25 O. S. 567.
A treasurer's bond must be sued in the name of the obligee, and not in that of the commissioners: Hun-
ter v. Commissioners of Mercer Co., 10 O. S. 515.
The felonious taking and carrying away the public moneys in the custody of the county treasurer, with-
out any fault on his part, is not a defense in a suit on the bond: State v. Harper, 6 O. S. 607; nor is the fact
that the money sued for is for taxes collected on a rate of taxation exceeding that allowed by law: Feigert v.
State, 31 0. S. 432.
The omission of the indorsement of the prosecuting attorney's and the commissioners' approval of the
bond will not invalidate it, and the acceptance and approval of the bond by two of the commissioners will be
good although not entered on their journal: Kelly v. State, 25 O. S. 567.
If a treasurer elect fails to give bond within the time limited, but afterward gives the bond, and it is
accepted, and he acts as treasurer, he and his sureties are estopped from setting up, as a defense on such bond,
the fact that there was a vacancy when the bond was given: Kelly v. State, 25 O. S. 567.
See note to State v. Kelly, 32 O. S. 421, under 21118.
An official bond, conditioned for the faithful discharge of the duties of an office, "according to law,"
embraces duties required by laws in force during the term of the officer, whether enacted before or after the
execution of the boud. King v. Nichols, 16 O. S. 80, followed: Dawson v. State, 38 O. S. 1.
See note to 1126: State v. Board of Education, 38 O. S. 3.
SEC. 1081. [If bond not given in time, office vacant.] If any person
elected to the office of county treasurer fails to give bond, as provided in the
preceding section, on or before the day of the commencement of his official
term, the first Monday of September next after his election, the office shall
become vacant. [56 v. 101, § 15; S. & C. 1479.]
·
SEC. 1082. [Vacancy in the office of treasurer: how filled, etc.] When
the office of county treasurer becomes vacant by death, removal, resignation,
neglect to give bond, or from any other cause, the county commissioners shall
forthwith appoint some suitable person to fill such vacancy; and the person so
appointed shall give bond and take an oath, as required in section one thousand
and eighty. [52 v. 81, §4; S. & C. 1593.]
County commissioners de facto can fill a vacancy in the office of county treasurer: State v. Jacobs, 170. 143.
What circumstances do, or do not, constitute a vacancy: State v. Hopkins, 10 O. S. 509; State v. Commis-
sioners of Muskingum Co., 7 O. S. 126.
SEC. 1083. [Further sureties, and official bond.] The county commis-
sioners may require the county treasurer to give additional sureties on his pre-
viously accepted bond, when, in the opinion of a majority of the commission-
ers, the existing security has become insufficient; and the commissioners are
authorized to demand and receive from such county treasurer an additional
bond, payable to the state, and conditioned as required for the original bond,
with good and sufficient security, in such sum as the commissioners or a major-
ity of them direct, when, in their opinion, more money has passed, or is about
to pass, into the hands of said treasurer than is, or would be, covered by the
penalty of the previous bond; and if any county treasurer fails or refuses to
give such additional security or bond, for ten days from the day on which the
commissioners have required him so to do, his office shall be considered vacant,
552
§§ 1084-1085.
COUNTY TREASURER.
Tit. VIII, Ch. 5.
and another treasurer shall be appointed, as in other cases of vacancy. [36 v.5,
§§ 1, 2; S. & C. 1589.]
SEC. 1084. [Where to keep office.] The treasurer shall keep his office
at the seat of justice for his county, in a room or rooms provided for that pur-
pose by the commissioners, which shall constitute the county treasury, in which
all public moneys and property in his possession shall be at all times kept; and
he shall keep a fair and accurate account of all moneys by him received, show-
ing the amount thereof, the time when, from whom, and on what account
received; also, of all disbursements, by him made, showing the amount thereof,
the time when, to whom, and on what account paid; and he shall so arrange
his books that the amount received and paid on account of separate and dis-
tinct funds, or specific appropriations, shall be exhibited in separate and dis-
tinct accounts; but no money received for taxes charged on the duplicate of
the current year, shall be by the treasurer entered on his account with the
county, until he has made his semi-annual settlement with the county auditor.
[29 v. 291, §5; 55 v. 44, §§ 2, 3; S. & C. 1584; S. & C. 1606.]
(1084-1) [Providing additional places to pay taxes other than the
the treasurer's office in Montgomery county.] In all counties containing
a city of the first class, second grade, the county commissioners shall, in addi-
tion to the regular office now provided for the county treasurer for the receipt
of taxes and assessments, name and designate such places outside of the cor-
porate limits of said cities, and such other place or places within the cor-
porate limits of said cities, as may by them be considered most convenient for
the tax-payers; provided, however, that no such place or places shall be desig-
nated other than those provided with safes and proper facilities for receiving
and safe keeping of all money so received at said places for taxes. [86 v. 354.]
(1084-2) [Deputies; bond.] The county treasurer shall appoint suit-
able persons to act as his deputies or clerks for the receiving of taxes at said
places, and shall require them to give a good and sufficient bond for receiving,
safe keeping and paying over to said county treasurer all moneys so received
for taxes. [86 v. 354.]
All
(1084-3) [Weekly reports by deputies of taxes collected.]
moneys so received for taxes shall be reported by said deputies or clerks on or
before Tuesday of each and every week, for the week next preceding, and shall
be deposited with the county treasurer, and his receipt taken therefor; and
said report or reports shall be verified by the oath of said deputy or deputies,
clerk or clerks. [86 v. 354.]
(1084-4) [When taxes may be paid there.] Said places shall be
kept open for the receipt of taxes during proper business hours, and may
remain open during all business days between the 1st day of December and
the 25th day of January next thereafter, and between the first day of June
and the 20th day of July of each and every year. [86 v. 354.]
(1084-5) [Duties of county treasurer as to lists, duplicates, etc.]
The commissioners shall direct the county treasurer to make out such addi-
tional tax lists or duplicates as may be necessary for the full compliance with
the provisions of this act, and allow him, when not otherwise provided, reason-
able compensation therefor. [91 v. 765; 86 v. 354.]
SEC. 1085. [How money shall be paid into county treasury; how
money shall be transferred from state to county treasury.] All payments
of money into the county treasury of every description, except the payment of
taxes charged on the duplicate, and made before the return by the treasurer of
the delinquent list for unpaid taxes, shall be paid to the county treasurer, on
the draft of the county auditor, in favor of the treasurer; and the county
auditor shall preserve a duplicate copy of every such draft, and the auditor
and treasurer shall each keep an accurate record of the number, date, and
amount of every such draft, specifying the respective funds in favor of which
553
Fit. VIII, Ch. 5.
COUNTY TREASURER.
SS 1086-10886.
they are drawn; but in case of a payment or transfer of money from the state
treasury to the county treasury, the same shall be made on the warrant of the
auditor of state, instead of the draft of the county auditor; and in which case
the state auditor shall transmit a triplicate copy of such warrant to the county
auditor, to be by him preserved, and a record by him kept of the number, date,
fund, and amount thereof. [55 v. 44, § 8; S. & C. 1608.]
The liability of a county treasurer, incurred by his embezzlement of the public funds in his custody, is
a sufficient consideration to support the assignment of a banker's certificate of deposit to the county, in
reimbursement of the loss: Shanklin v. Commissioners of Madison Co., 21 O. S. 575.
(1085-1) [What bills or notes state and county treasurers shall
receive and pay out.] The notes of the United States, the notes of the solv-
ent national banks organized under the act of congress, approved February
25, 1863, and the notes of solvent banks of this state, shall be received by the
several county treasurers, and treasurer of state, and the same disbursed by
them in payment of all legal demands on state and county treasuries. [1864,
March 21; 61 v. 38; 59 v. 3.]
When any
SEC. 1086. [Duplicate receipts shall be given by him.]
money is paid to the county treasurer, (except such as are paid on account of
taxes charged on the duplicate), he shall give to the person paying the same,
duplicate receipts therefor; one of which, such person shall forthwith deposit
with the county auditor, in order that the treasurer may be charged with the
amount thereof. [29 v. 291, § 6; S. & C. 1585.]
SEC. 1087. [On receiving duplicate, the treasurer shall give notice of
rates.] The county treasurer shall, immediately after receiving from the
auditor of his county a duplicate of the taxes assessed upon the property of
such county, cause notice to be posted up in three places in each township
throughout the county, one of which at the place of holding elections in the
township, and also have such notice inserted in some newspaper having general
circulation in his county, for six successive weeks, specifying particularly in
said notice, the amount of tax levied on the duplicate for the support of the
state government, for the payment of interest and principal of the public debt;
for the support of state common schools; for defraying county expenses; for
the repairing of roads; for keeping the poor; for the building of bridges; for
township expenses; and for each other object for which tax may be levied, on
each dollar valuation. [52 v. 124, § 13; S. & C. 1594.]
SEC. 1088. [When the office must be kept open to receive taxes.] The
treasurer's office shall be kept open for the collection of taxes, from the time of
the delivery of the duplicate to him until the twenty-fifth day of January, and
from the first day of April, until the twentieth day of July. [56 v. 101, § 7;
41 v. 4, §1; S. & C. 1477; S. & C. 1590.]
SEC. 1088a. [Officers to receive taxes in every township in Colum-
biana Co.] In all counties which at the federal census of 1890 had or which
at any subsequent federal census may have a population of not less than 59,000
nor more than 60,000, the county treasurer shall have an office open for re-
ceiving taxes in each township in the county having a population of not less
than three thousand, and within which is located a bank of deposit, at which
place the county treasurer shall attend and receive taxes, for not less than two
days, at such times prior to the 20th day of December and the 20th day of
June each year, as shall be fixed for that purpose as herein provided. The
county treasurer in all such counties shall fix and determine the time and
place at which he will attend to receive taxes as aforesaid; two weeks' notice
of the time and place for receiving such taxes shall be given by publication in
some newspaper of general circulation, and by posting notices thereof in three
public places in the township. [90 v. 297.]
SEC. 1088b. [Same in Adams Co. in all counties which at the federal
census of 1890 had or which at any subsequent federal census may have a
population of not less than 26,093 nor more than 26,100, the county treasurer
shall have an office open for receiving taxes in each township in such county
554
§§ 1089-1092.
COUNTY TREASURER.
Tit. VIII, Ch. 5.
within which is located a bank of deposit, at which place the county treasurer
shall attend and receive taxes for not less than two days, at such times prior
to the 20th day of December and the 20th day of June each year, as shall be
fixed for that purpose, as herein provided. The county treasurer in all such
counties shall fix and determine the time and place at which he will attend
to receive taxes as aforesaid; two weeks' notice of the time and place for re-
ceiving such taxes shall be given by publication in some newspaper of general
circulation, and by posting notices thereof in three public places in the town-
ship. [90 v. 340.]
SEC. 1089. [May appoint deputies.] Each county treasurer may
appoint one or more deputies; and he shall, in all cases, be liable and account-
able for the proceedings and misconduct in office of his deputies. [29 v. 291,
§14; S. & C. 1585.]
Deputies not criminally liable in performing principal's duties: State v. Meyers, 56 O. S. 840.
SEC. 1090. [Receipts shall be given; what to contain; receipts for
assessments, special taxes, penalties or delinquencies; penalties, how
receipted for; penalty for violation of this section.] The county treasurer,
or his deputy when any tax is paid, shall give to the person paying the same, a
receipt therefor, specifying therein the land, lot, or property, on which such tax
was assessed, according to its description on the duplicate or in some other suffi-
cient manner, which receipt shall be ruled in columns, setting forth in the first
a description of each item of property, in the second, the value thereof, in
the third, the rate of the tax upon each item, expressed in mills and fractions,
if any, and in the fourth, the amount of tax on each of said items; but such
form may be departed from, so far as may be necessary as to assessments and
special taxes, and where the tax due on any item embraces a penalty or delin-
quency and such receipt shall, as to personal estate, be of like form, omitting
the description of the property; and where any penalty is added and charged
by the treasurer the same shall be included in such receipt and the amount of
such penalty, and the fact that the same is a penalty, shall be fully, plainly,
and separately stated in writing upon the face of such receipt; and any county
treasurer who knowingly issues or permits to be issued a receipt for taxes in
violation of the requirements of this section shall be liable to a penalty of
twenty-five dollars, to be recovered in the name and for the benefit of the per-
son to whom such unlawful receipt is issued. [Passed 1888, April 16; took
effect on the first Monday of October, 1888: 85 v. 327; Rev. Stat. 1880; 29 v. 291,
§15; 76 v. 70, § 15; (S. & C. 1585).]
The act of April 16, 1888 (85 v. 327), provided, in 22 of the act, that "tax receipts for taxes on the 1887
and 1888 duplicates may be used without conforming the same to the above requirements (85 v. 327, 1090),
except as to penalty added by the treasurer.'
SEC. 1091. [Taxes: when to be paid.] Each person charged with
taxes on a tax duplicate, in the hands of a county treasurer, may pay the full
amount of such taxes on or before the twentieth day of December, or one-half
thereof on or before the twentieth day of December, and the remaining half
thereof on or before the twentieth day of June next ensuing; but all road
taxes so charged, shall be paid prior to the twentieth day of December. [56 v.
101, § 1; S. & C. 1475.]
Cited Hunter v. Borck, 51 O. S. 320, 824.
Cited: W. & L. E. Ry. Co. v. Stewart, Treas.: 13 C. C. 369, 7 O. D. 193.
As to when taxes are due under the act providing against the evils arising under the
traffic in intoxicating liquors (Dow Law) (83 v 157, 161), see ? (4364—10).
SEC. 1092. [Installments shall be apportioned, etc.] When taxes,
charged against the property of any person, are paid by installments, as afore-
said, each of such payments, exclusive of road taxes, shall be apportioned
among the several funds for which taxes have been assessed, in their proper
proportions. [56 v. 101, § 2; S. & C. 1476.]
Cited: W. & L. E. Ry. Co. v. Stewart, Treas.: 13 C. C. 369, 7 O. D. 193.
555
Tit. VIII, Ch. 5.
COUNTY TREASURER.
S$ 1093-1096.
SEC. 1093. [How other proportions of taxes may be paid.] When a
person desires to pay only a proportion of any tax charged on real estate,
otherwise than in installments, as aforesaid, such person shall pay a like pro-
portion of all the taxes charged thereon for state, county, township, or other
purpose, exclusive of road taxes; and no person shall be permitted to pay one
or more of said taxes, without paying the others in like proportion, except only
when the collection of some particular tax is legally enjoined. [29 v. 291, § 16
S. & C. 1585.]
Cited: W. & L. E. Ry. Co. v. Stewart, Treas.: 13 C. C. 369, 7 O. D. 193.
This section only applies where a person desires to pay a portion of all taxes assessed and levied for all
purposes and not to where a part is legal and a part illegal, and he only deserves to pay the legal taxes: Id.
SEC. 1094. [Effect of not paying taxes at times prescribed.] When
one-half of the taxes, as aforesaid, charged against any entry, on a tax dupli-
cate in the hands of a county treasurer, is not paid on or before the twentieth
day of December next, after the same has been so charged, or when the
remainder of such taxes is not paid on or before the twentieth day of June next
thereafter, the county treasurer shall proceed to collect the same by distress or
otherwise, together with a penalty of five per centum on the amount of taxes
so delinquent, (which penalty shall be for the use of the treasurer as a compen-
sation for such collection); and in all cases where such half of any taxes, other
than on real estate, has not been paid on the twentieth day of December, the
whole amount of taxes, other than real estate, for the current year, so charged,
shall be due and delinquent, and shall be collected in the manner and with the
penalty provided in this section. [56 v. 101, § 4; S. & C. 1476.]
See note to State ex rel. v. County Commissioners. 26 O. S. 364, under 2 1097.
Cited Myers v. Aikens, 8 C. C. 228, 233; 1 O. D. 467.
The 5 per cent compensation is limited to the original tax and is not collectable on the penalty and is
not allowed at all, unless the treasurer collects by distress or action, or rule of court, or special effort.
Hunter v. Borck, 51 O. S. 320.
The five per cent is not allowed to the treasurer if the delinquent taxes are voluntarily paid before June
20 and December 20; Shields v. Topliff (Supr. Ct.) 35 B. 313;
See note to Fremont v. Hayes et al., 4 N. P. 379, under ¿ 2265.
This section does not apply to unpaid assessments: Toledo v. Platt, 4 O D. 28; 2 N. P. 304.
SEC. 1095. [Overdue taxes may be collected by distress.] When taxes
are past due and unpaid, as stated in the preceding section, the county treas-
urer, or his deputy, may distrain sufficient goods and chattels belonging to the
person or persons charged with such taxes, if found within his county, to pay
the taxes so remaining due and the costs that have accrued; and shall immedi-
ately proceed to advertise the same in three public places in the township where
such property was taken, stating the time when, and the place where, such
property will be sold; and if the taxes and costs which have accrued thereon,
are not paid before the day appointed for such sale, which shall be not less than
ten days after the taking of such property, such treasurer, or his deputy, shall
proceed to sell such property at public vendue, or so much thereof as will be
sufficient to pay said taxes, and the costs of such distress and sale. [29 v. 291,
§19; S. & C. 1586.]
If a county treasurer seizes property to pay a tax assessed without any color of law for its assessment, or
under an unconstitutional law, he is liable as a trespasser; but where there is a valid law for the tax, and the
illegality of the particular assessment is owing to some error or omission of those charged with the execu
tion of the law prior to the treasurer being called upon to act, and the duplicate is regular on its face, and
duly certified, he is not liable for collecting the tax-the duplicate affords as ample protection to the treas-
urer as does an execution, regular on its face, to the sheriff: Loomis v. Spencer, 1 6. S. 153; Thompson v.
Kelly, 2 O. S. 647; Champaign Co. Bank v. Smith, 7 O. S. 42.
A treasurer may collect taxes or assessments by distraining goods and chattels : Stone v. Viele, 38 O. S. 317.
Cited Meyers . Aikins, 8 C. C. 228, 233; 1 O. D. 467.
See note to Fremont v. Hayes et al., 4 N. P. 379, under 2 2265.
SEC. 1096. [Fees therefor.] The treasurer shall be allowed the same
fees, for making distress and sale of goods and chattels for the payment of taxes,
as are allowed by law to constables for making levy and sale of property on
execution; traveling fees shall be computed from the seat of justice of the
county to the place of making the distress. [29 v. 291, § 20; 76 v. 117, §31;
S. & C. 1586.]
See note to Fremont v. Hayes et al., 4 N. P. 379, under ? 2265.
556
S$ 1097-1101.
COUNTY TREASURER.
Tit. VIII, Ch. 5.
SEC. 1097. [How treasurer shall proceed when unable to collect taxes
by distress, etc.] If the county treasurer is unable to collect, by distress, the
taxes which are assessed upon any person or corporation, or on any executor,
administrator, guardian, receiver, accounting officer, agent, or factor, such
treasurer shall apply to the clerk of the court of common pleas in his county,
at any time after his semi-annual settlement with the county auditor, and said
clerk shall cause a notice to be served upon such corporation, executor, admin-
¡istrator, guardian, receiver, accounting officer, agent, or factor, requiring him
forthwith to show cause why he should not pay such taxes; and if he fails to
show a sufficient cause, the court, at the term to which said notice is return-
able, shall enter a rule against him for the payment of such taxes and the cost
of such proceeding, which rule shall have the same force and effect as a judg-
ment at law, and be enforced by attachment or execution, or such process as
the court directs. [56 v. 175, § 38; S. & C. 1454.]
In proceedings under 38 of the act of April 5, 1859 (56 v. 175), the individual name of the treasurer need
not appear as plaintiff, and, whether it does or not, the proceeding will not abate by change of officers; the
court may continue such proceeding beyond the return term; and in such proceeding, only the tax and pen-
alty can be recovered: Bridge Co. v. Mayer, 31 O. S. 317.
Expenses reasonably incurred as attorney's fees by the county treasurer, in prosecuting suits which it is
his duty to bring for the collection of taxes, come within the expenses which the county commissioners are
required to allow under ? 1343: State ex rel. v. County Commissioners, 26 O. S. 364.
The expenses incurred by the treasurer must be borne by the county; the state is not liable for any of
them: State ex rel. v. Cappeller, 39 O. S. 213.
SEC. 1098. [Treasurer's duty as to non-resident's taxes delinquent on
personal property.] The treasurer, in making return of the delinquent list
of personal property to the auditor, shall note on the margin of said return, the
county and state to which any such delinquent tax-payer has removed, or
wherein he resides, with the date of his removal, if able to ascertain such fact.
[56 v. 175, § 85; S. & C. 1467.]
SEC. 1099. [Shall make account of taxes, and send same to the treas-
urer of such non-resident's county.] The treasurer shall, immediately after
his settlement with the county auditor, make out and forward to the treasurer
of the county, to which any such delinquent tax-payer has removed, or wherein
he resides, a statement or account of taxes so assessed and not paid, which shall
specify the value of property on which said taxes were levied, and the amount
of taxes levied thereon, to which he shall add an amount equal to the sum of
twenty-five per centum on the tax so levied, if such delinquent tax-payer left
the county in which said taxes were levied, after the time required by law for
the county auditor to deliver the tax duplicate to the county treasurer; but if
he left the county previous to the time required by law for the delivery of the
tax duplicate to the county treasurer, then the treasurer shall not add the
twenty-five per centum. [56 v. 175, § 86; S. & C. 1467.]
SEC. 1100. [Collection of such taxes.] The treasurer shall, immedi-
ately on the receipt of any such statement or account, proceed to collect the
same of the person so charged with said taxes and per centum, for which serv-
ices he shall be allowed the same fees that county treasurers are now allowed
for collecting delinquent taxes by process, to be collected of the person against
whom said taxes are charged. [56 v. 175, § 87; S. & C. 1468.]
SEC. 1101. [Treasurer to whom account is sent shall make return.]
For the collection of all taxes, penalties, and costs, mentioned in the preceding
section, the several county treasurers of the state shall have the same powers
that are given by any law for the collection of taxes; and all taxes collected,
pursuant to the provisions of said section, by any county treasurer of the state,
shall be by him transmitted, in the safest and most convenient way, to the
treasurer of the county to which said taxes belong; and at the same time he
shall forward a statement to the auditor of said county, stating the amount so
collected, and of whom; and in case he is unable from any cause whatever, to
collect the same, then and in that case, he shall return the original statement or
account to the auditor of the county from which it was sent, together with the
557
Tit. VIII, Ch. 5.
COUNTY TREASURER.
§§ 1102-1104.
cause or causes why said taxes could not be collected, certifying in his official
capacity the same. [56 v. 175, § 88; S. & C. 1468.]
SEC. 1102. [Proceedings where delinquent tax-payer has dues within
the state, etc.] If a person charged with tax, has not sufficient property
which the treasurer can find to distrain to pay such tax, but has moneys, or
credits due, or coming due him by any person within the state, known to the
treasurer, or if such tax-payer has removed from the state or county, and has
property, moneys, or credits due, or coming due him in the state, known to
the treasurer, in every such case the treasurer shall collect such tax and penalty
by distress, attachment, or other process of law; and he may make his affidavit
that the residence of such tax-payer is to him unknown, or that he is not a
resident of the county where such property is found or where such debtor
resides, or that such tax-payer has not property in the county sufficient to dis-
train to pay such tax; and thereupon an attachment, with garnishee process,
shall be issued and such proceedings had, and such judgment rendered for taxes,
penalty, and costs, as are lawful in other cases of attachment; but if the treas-
urer serves upon any person indebted to such tax-payer a written notice, stating
the amount of delinquent tax and penalty due, then such debtor may, after the
service of such notice, pay such tax and penalty to the treasurer, whose receipt
for the same shall be a full discharge of so much of said indebtedness, as is
equal to such tax and penalty so paid. [57 v. 53, § 90; S. & C. 1468.]
See note to Stone v. Viele, 38 O. S. 317, under 2 1103.
SEC. 1103. [May collect delinquent tax charged to him.] If a county
treasurer, on making settlement with the county auditor, stands charged with
any tax which remains unpaid, and receives no credit therefor in such settle-
ment, such treasurer may collect such tax for his own use, at any time within
one year after such settlement, either by distress and sale, or by action, in his
own name, before any justice of the peace or court having jurisdiction thereof.
[29 v. 291, § 22; S. & C. 1587.]
#
The provision in the Municipal Code, that in an action to enforce an assessment, a substantial defect in
the construction of the improvement shall be a complete defense," would doubtless apply in a suit by the
treasurer to collect the assessment: Stone v. Viele, 38 Ó. S. 317.
SEC. 1104. [Action by treasurer for unpaid taxes; petition; evi-
dence; judgment and decree; redemption; costs; Lucas county prosecu-
ting attorney.] When any taxes or assessments stand charged against any
land or lots, or parcel thereof, upon the general or any special duplicate (or any
special duplicate of delinquent or forfeited taxes or assessments) for any pur-
pose authorized by law, and the same, or any part thereof, are not paid within
the time prescribed by law for the payment thereof, the county treasurer, in
addition to all other remedies provided by law, may enforce the lien for such
taxes and assessments, or either, and any penalty due thereon, by a civil action
in his own name as treasurer for the sale of said premises in the court of com-
mon pleas of the county, without regard to the amount claimed, in the same
way mortgage liens are enforced; and the said court shall, upon the applica-
tion of the plaintiff, advance said cases on the docket so that the same may be
first heard; and it is sufficient, having made the proper parties, for the treas-
urer to allege in his petition that the taxes and assessments, or either, stand
charged on the duplicate or duplicates against said premises, the amount
thereof, and that the same are unpaid; and he shall not be required in the
petition to set forth any other or further special matter relating thereto; and
said duplicate or duplicates shall be received as prima facie evidence on the
trial of the amounts and validity of such taxes and assessments, and of the
non-payment thereof; and if it is found that such taxes and assessments, or
any part thereof, are due and unpaid, judgment shall be rendered for the same,
penalty and costs, and said premises, or so much thereof as may be necessary
to pay the same, shall be by the order of the court sold to pay the same; and
out of the proceeds of the sale shall first be paid the said judgment, the bal-
ance being distributed as may be just; and the owner or owners of such prop-
558
§§ 1105-1107.
COUNTY TREASURER.
Tit. VIII, Ch. 5.
erty shall not be entitled to any exemption as against such judgment; and if
the lands or lots have been forfeited to the State, it shall not be necessary to
make the State a party, but it shall be deemed a party through and represented
by the treasurer; but the owner or owners of such property have the right to
redeem the same within two years from the date of sale, by paying to the
holder thereof the amount he paid therefor, and for the deed, together with six
per cent. interest thereon, and twenty-five per cent. on the amount of said
judgment; and in such proceedings the treasurer may join in one action all
the lots or lands, or any number of them embraced in any one assessment, but
the decree shall be rendered severally or separately for the taxes and assess-
ments found due; and any proceeding may be served [severed] in the discre-
tion of the court, for the purpose of trial, revision or appeal where an appeal
is allowed; and the court shall make such order for the payment of costs as
shall be deemed equitable and proper; the auditor may place upon a separate
duplicate the forfeited and delinquent taxes and assessments for the years prior
to 1879, upon the request of the treasurer, and the validity and priority of lien
of such taxes and assessments shall not be affected thereby; and in any county
of the State not having a county solicitor and containing a city of the first
class, the prosecuting attorney of such county shall, in the name of the treas-
urer of such county, enforce by such civil action the said lien for such taxes,
assessments and penalties, and act as attorney and counsellor for the treasurer
of such counties in the collection of such taxes, assessments and penalties,
and in said civil action, not now pending in the courts of this State, and such
prosecuting attorney shall receive therefor such compensation as may be deemed
just and proper, to be determined by the board of county commissioners of
such county. [1886, May 14: 83 v. 156; 77 v. 13; Rev. Stat. 1880; 73 v. 218,
§1; 73 v. 163, § 1.]
As to the collection of taxes under the act to provide against the evils arising from
the traffic in intoxicating liquors (Dow Law), (83 v. 157, 161, and the amendments thereto),
see ? (4364—9) et seq.
See notes to 1094.
Cited Myers v. Aikeus, 8 C. C. 228, 233; 1 0. D. 467.
As to defendant's pleadings in such action, see Hunter v. Austin, 9 C.C. 583; 3 O. D. 201.
The road improvement act of 1867 (S. & S. 671), does not make the owner of land assessed thereunder
personally liable for the assessment, or require it to be charged against him on the duplicate, and, therefore, a
personal action against him for such assessment is not authorized: Dreake v. Beasley, 26 O. S. 315.
An action to enforce the lien of an assessment, commenced within six years of the passage of the act
authorizing such action, if such an assessment shall so long continue to be a lien upon the property, is not
barred by the statute of limitations: Brenchweh v. Drake, 31 O. S. 652.
Quære: Whether such action is within the purview of the statute of limitations: Ib.
See note to Stone v. Viele, 38 O. S. 317, under ? 1103.
A careful examination of the provisions of 1104 makes it clear that no personal judgment is authorized
in such action, whatever remedies the treasurer may have under other provisions of the statute: Butzman v.
Whitbeck, 42 O. S. 225.
Applies as to sufficiency of pleading to cross petitions by treasurer: Building & Loan Association v.
Hanson et al., 5 N. P. 162.
An action brought by the county treasurer under this section to collect township ditch assessments, is
barred in six years after the cause of action accrues: Hartman v. Hunter, 56 O. S. 175.
See note to Fremont v. Hayes et al., 4 N. P. 379, under ? 2265.
SEC. 1105. [How money shall be paid out.] No money shall be paid
out of the county treasury, or transferred to any person for disbursement,
except on the warrant of the county auditor, but money paid over by the
,county treasurer to the state treasurer, shall be on the warrant of the state
auditor. [55 v. 44, §9; S. & C. 1608.]
It is carelessness on the part of the county treasurer to pay a warrant delivered by the county auditor to
the agent of the party in whose favor it is drawn upon the unauthorized endorsement of the agent and such
payment is at his peril: State ex rel. v. Lewis, 4 N. P. 176; 6 O. D. 221.
SEC. 1106. [Books, etc., open to inspection of the commissioners.]
The books, accounts, and vouchers of the county treasurer, and all moneys
remaining in the treasury, shall at all times be subject to the inspection and
examination of the county commissioners. [29 v. 291, §7; S. & C. 1585.]
SEC. 1107. [Redemption of county warrants.] The county treasurer,
when any warrant, drawn on him as treasurer, by the auditor of his county,
is presented for payment, shall, if there is money in the treasury for that pur-
pose, and said warrant be indorsed by the payee thereof, redeem the same, and
559
Tit. VIII, Ch. 5.
COUNTY TREASURER.
§§ 1108-1115.
shall write on the face of such warrant "Redeemed," the date of the redemp-
tion, and shall sign his name thereto. [87 v. 45; 29 v. 291, § 8; S. &. C. 1585.]
SEC. 1108. [Indorsement and interest on warrants not paid.] When
any warrant is presented to the county treasurer for payment, and the same is
not paid, for want of money belonging to the particular fund on which the
same is drawn, the treasurer shall indorse said warrant, "Not paid for want of
funds," annexing the date of its presentment, and shall sign his name thereto;
and said warrant shall thenceforth bear interest at the rate of six per centum
per annum; and a memorandum of all such warrants shall be kept by the
treasurer in a book used for that purpose. [29 v. 291, § 9; S. & C. 1585.]
This section was repealed as to Butler Co. 91 v. 600; but the repeal was revoked in
91 v. 812.
As to the application of this section in counties where the county commissioners pro-
vide a depositary for county funds, see ? (1136—14) et seq.
SEC. 1109. [When interest thereon shall cease.] So soon as there are
sufficient funds in the treasury of the county, to redeem the warrants drawn
thereon, and on which interest is accruing, the county treasurer shall give
notice in some newspaper printed in his county, or circulating therein, that he
is ready to redeem such warrants; and from the date of such notice, the interest
on such warrants shall cease. [29 v. 291, § 10; S. & C. 1585.]
SEC. 1110. [How account, etc., of interest kept.] When the county
treasurer redeems any warrant on which any interest is due, he shall note on
such warrant the amount of interest by him paid thereon, and shall enter in
his account the amount of such interest, distinct from the principal. [29 v. 291,
§ 11; S. & C. 1585.]
SEC. 1111. [Deposit, etc., of warrants with auditor.] The county
treasurer shall, on the first Monday of March, June, September, and December,
in each year, deposit with the auditor of his county, all warrants by him
redeemed, and take the auditor's receipt therefor. [29 v. 291, § 12; S. & C.
1585.]
SEC. 1112. [Penalty for purchasing, etc., county warrants.] No county
treasurer shall, either directly or indirectly, contract for or purchase any war-
rant or warrants issued by the county of which he is treasurer, at any discount
whatever upon the sum due thereon; and if any county treasurer contracts for
or purchases any such warrant or warrants, he shall not be allowed, on settle-
ment, the amount of the same, or any part thereof, and shall also forfeit the
whole amount due thereon, to be recovered in an action at the suit of the state,
for the use of the county. [38 v. 58, § 1; S. & C. 1590.]
SEC. 1113. [For not noting interest on warrants.] The treasurer, in
any settlement, shall not be credited with any sum for interest by him paid
on any warrant, unless he shall, at the time of redeeming such warrant, have
noted on the same, the amount of interest by him paid thereon. [38 v. 58, § 2;
S. & C. 1590.]
SEC. 1114. [For loaning, etc., money of the county.] If a county
treasurer loans any money belonging to his county, with or without interest,
or uses the same for his own individual purpose, he shall forfeit and pay, for
every such offense, a sum not exceeding five hundred dollars, nor less than one
hundred dollars, to be recovered in an action, at the suit of the state, for the
use of the county. [38 v. 58, §3; S. & C. 1590.]
·
SEC. 1115. [Treasurer's settlement with auditor.] The county treas-
urer shall, on or before the fifteenth day of February, in each year, settle with
the auditor of his county, for all taxes that he has collected at the time of
making such settlement; and he shall also, on or before the tenth day of
August, in each year, settle with the auditor for all taxes that he has collected
at the time of making said settlement, not included in the preceding February
settlement; and at each of such settlements, the auditor shall allow to the
560
S$ 1116-1119.
COUNTY TREASURER.
Tit. VIII, Ch. 5.
treasurer on the moneys collected on the duplicate, and accounted for by him,
his fees, agreeably to the rate or percentage allowed by law, at a full settlement
of the county treasurer. [56 v. 101, § 8; S. & C. 1477.]
A county treasurer must pay over to a city treasurer money collected by said county treasurer as taxes
due said city, even though the same be paid under protest and to avoid distraint: Ratterman v. State, 44
O. S. 641.
SEC. 1116. [Full annual settlement with the commissioners.] The
county treasurer shall make a full settlement with the county commissioners,
on the first Monday of September, annually. [56 v. 101, § 8; S. & C. 1477.]
SEC. 1117. [Fees of county treasurer.] The county treasurer on settle-
ment semi-annually with the county auditor shall be allowed as fees on all
moneys collected on the grand duplicate the following percentage; on the first.
ten thousand dollars, two and one-half per cent.; on the next ten thousand
dollars, one and one-half; on the next ten thousand dollars, one; on the next
ten thousand, seven-tenths of one; on the next two hundred thousand dollars,
four-tenths of one; and on all other or further sums, two-tenths of one; and
on all moneys collected on any special duplicate, five-tenths of one; and on all
moneys collected otherwise than on the duplicate the following percentage:
on licenses, fines, forfeitures, or on bonds or recognizances, on the first one thou-
sand dollars, six; and on all over one thousand dollars, three; and on all
other moneys collected on the first ten thousand dollars, eight-tenths; and on all
over that amount, four-tenths of one; but no compensation, percentage, com-
mission or fees shall be allowed on any moneys received by him from the state
treasurer, or from his predecessors in office, or the legal representatives or
sureties of such predecessors, or on any moneys received from the proceeds of
the bonds of the county, or of any municipal corporation. [90 v. 109; 89 v.
385; 88 v. 577; 77 v. 115; Rev. Stat. 1880; 69 v. 12, § 2; 65 v. 182, § 1; 74 v.
13, § 1; (S. & S. 676).]
Section 1117 is not to apply to Hamilton or Cuyahoga counties, see 90 v. 113, ?7.
Treasurer's percentage for collecting Dow law assessments in Butler and Darke coun-
ties, see? (4364-18) and note.
As to compensation of county treasurers in certain counties, see the acts relating to
compensation of county auditors in such counties, referred to under ? 1069.
An officer whose fees are regulated by statute can charge fees for those services only to which compen-
sation is by law affixed: Debolt v. Trustees Cincinnati Tp., 7 O. S. 237.
The general assembly may change the compensation of officers during their term if the same be by fees
and not by salary: Thompson v. Phillips, 12 O. S. 617.
The fees of the county treasurers are provided for by general statute. They consist of a percentage of all
moneys collected.
In Hamilton county these fees are collected for the sole use of the county, as public
moneys belonging to its treasury: State ex rel. v. Cappeller, 39 O. S. 213.
See note to Fremont v. Hayes et al., 4 N. P. 379, under ? 2265.
SEC. 1118. [Penalty for allowing or receiving illegal fees.] Any county
auditor or county commissioner who makes, orders, or pays, or any treasurer
who receives, out of any funds in the treasury of his county, any other or
further allowance or compensation to any such county treasurer, either as fees,
or for clerk hire, or otherwise, than is specially provided by law, shall be liable
in an action upon his bond, to be brought by the prosecuting attorney of such
county, for the use of such county, in double the amount so paid, or ordered to
be paid, by said auditor or commissioner, or received by said treasurer. [62 v.
151, §2; S. & S. 919.]
A county treasurer who receives out of the county treasury any allowance or compensation other than
that specially provided by law, is liable to an action on his bond, together with his sureties, for double the
amount so received. He can not defend by claiming that he was acting merely as a private individual: State v.
Kelly, 32 O. S. 421.
Such action is properly brought in the name of the state, and is subject to the same limitation as that
which governs official bonds: Ib.
SEC. 1119. [County treasurer must certify and make oath to his ac-
count of fees.] The county treasurer shall, at each semi-annual settlement with
the auditor, certify at the foot of such settlement, next after the certificate of
the auditor thereto, that the fees and per cent. allowed him in such settlement,
561
Tit. VIII, Ch. 5.
COUNTY TREASURER.
SS 1120-1122a.
together with any other fees allowed him by or in pursuance of law (specifying
each item thereof in such certificate), are all the fees allowed or paid to, or
received by him, during the six months next preceding said settlement, and shall
testify to the correctness thereof under oath, to be administered by the county
auditor, and said oath and certificate shall be recorded by said county auditor,
in like manner as the certificate of said auditor is required by law to be recorded.
[62 v. 151, §3; S. & S. 919.]
SEC. 1120. [Shall pay into state treasury amount due the state.] The
county treasurer shall, after he has made each semi-annual settlement with the
county auditor, pay into the state treasury, on the warrant of the state auditor,
the full amount of all sums found by the auditor of state, on an examination
of the duplicate settlement sheets sent to him by the county auditor, to belong
to the state. [56 v. 101, §§ 10, 11; S. & C. 1478.]
SEC. 1121. [Expense of transmission of money to or from state treas-
ury to be paid to treasurer.] The county treasurer shall be allowed and paid
all actual expenses, incurred in the transmission of moneys to or from the
state treasury. [29 v. 291, § 24; S. & C. 1587.]
SEC. 1122. [County treasurer's payments to local treasurers.] The
county treasurer shall, immediately after each semi-annual settlement with the
auditor of his county, on demand, and presentation of the warrant of the
county auditor therefor, pay over to the township treasurer, city treasurer, or
other proper officer, all moneys in the county treasury belonging to any town-
ship, city, village, hamlet, or school district; but if any township treasurer or
other proper officer aforesaid, requires, or the trustees of any township, the
council of any city, village, hamlet, or the board of education of any school
district, respectively, so direct, the moneys mentioned in this section shall
remain in the county treasury, to be thence drawn by the proper local treasurer
on the warrant of the county auditor, in sums of not less than one hundred
dollars. And if any county treasurer shall retain, or if any township treasurer,
or other local treasurer shall permit to remain in the county treasury, the
moneys mentioned in this section, in any other manner than herein provided,
the party so offending shall forfeit and pay for every such offense a sum not
exceeding one thousand dollars, nor less than one hundred dollars, to be recov-
ered in an action at the suit of the state, for the use of the county. [1889,
March 28 86 v. 168; Rev. Stat. 1880; 56 v. 101, § 12; (S. & C. 1478).]
See ? 1771.
SEC. 1122a. [Payments by county treasurers into depositaries in
certain cities.] In counties containing a city of the second grade of the first
class, where a depositary for the money of such city, and city school district is
provided for by law, and where a bank has been designated as such depositary,
the county auditor shall, upon the demand of the auditor of said city, or of
the proper officers of the board of education of such city school district, draw
his warrant on the county treasurer for the payment of taxes collected for said
city, or city school district, as the case may be, and shall deliver said warrant
to the city auditor, or his duly appointed deputy, when drawn for payment of
taxes collected for such city, and to the proper officer of the board of educa-
tion when drawn for the payment of taxes collected for such city school district.
Said warrant shall be made payable to the order of the treasurer of said city,
and also to the order of the bank then duly designated as the depositary of
said city; and shall be paid by the county treasurer only after it shall have
received the indorsement of said city treasurer and said city depositary. Upon
receipt by the city auditor or the proper officer of the board of education of
any such warrant, he shall immediately enter the number and amount thereof
on his books to the credit of "undistributed tax," and forthwith deliver said
warrant to the city treasurer, who shall treat the same as cash; and the city
37
562
§§ 1123-1126.
COUNTY TREASURER.
Tit. VIII, Ch. 5.
depositary shall receive the same as cash, giving the city or board of education,
as the case may be, credit for the amount thereof; provided, that if said war-
rant be not paid upon presentation in the regular course of business, it shall
be immediately returned to the city auditor or proper officer of board of edu
cation by the channel through which it issued, and the city or board of education
shall be charged therewith on the books of the depositary and the city treasury;
provided, that after the lapse of three days from its date, the city auditor, or
the proper officer of the board of education, may distribute the amounts thereof
to the various funds of the city or board of education thereof, in accordance
with the report of the county auditor's semi-annual settlement, and thereafter
said warrant may not be returned to him for non-payment. [1889, April 10:
86 v. 232.]
For county depositary acts, see ? (1136—1) et seq.
SEC. 1123. [Advance payments may be made to local authorities.]
Whenever the local authorities so request, the county auditor may draw, and
the county treasurer shall pay on such draft to township, city, village, and
hamlet treasurers, and the treasurers of city and village boards of education,
between the fifteenth and thirtieth days of December and June, each year, any
sum not exceeding two-thirds of the current collection of taxes for such local
authorities, respectively, in advance of the semi-annual settlements; provided,
that in counties containing a city of the first class, second grade, whenever the
finance committee of the council or board of education of any city or village,
or the trustees or board of education of any township or hamlet so request, the
county auditor shall draw, and the county treasurer shall pay on such draft at
any time after the twentieth days of December and June each year, any sum
or sums which shall not exceed in aggregate the limit herein specified, in
advance of such semi-annual settlements. [1889, February 13: 86 v. 43; Rev.
Stat. 1880; 70 v. 184, §§ 1, 2, 3.]
Repealed as to the city of Hamilton, see ? (2711—4).
SEC. 1124. [Certain moneys shall be forwarded to state treasurer.]
The county treasurer shall remit to the treasurer of state, all moneys received
for section sixteen and section twenty-nine, as soon after the same are received as
practicable, and in no case later than the end of the fiscal quarter in which the
same are received, and one of the receipts returned therefor, he shall immedi-
ately forward to the auditor of state. [44 v. 120, §2; S. & C. 1592.]
SEC. 1125. [Penalty for failing to settle with state auditor, etc.] If
the county treasurer fails to make settlement with the state auditor, and
pay over to the state treasurer, as aforesaid, within ten days after each semi-
annual settlement with the county auditor, he shall forfeit the sum of one
hundred dollars, to be recovered by civil action in the name of the state; but
for good cause, this penalty may be remitted by the state auditor. [41 v. 4,
§6; S. & C. 1591.]
SEC. 1126. [When suit shall be brought on his bond.] If the county
treasurer fails to make any settlement required by law, or to pay over any
money at the time and in the manner prescribed by law, the county auditor,
on receiving instructions for that purpose from the auditor of state, or the
county commissioners, shall cause suit to be instituted against such treasurer
and his sureties, for the amount due from him, with ten per cent. penalty thereon,
which suit shall have precedence of all other civil business, and be prosecuted
with all convenient speed. [29 v. 291, § 25; S. & C. 1587.]
The penalty is recoverable on a common law bond as well as on a statutory bond: Kelly v. State, 25 O. S.
567; and it is no answer to the claim that the money was stolen from him: State v. Harper, 6 O. S. 608.
A settlement made by the commissioners with a retiring treasurer, and the taking of his individual
note on time for the balance found due, secured by mortgage, will discharge the sureties on his official bond:
Goodin v. State, 18 0. 6.
County treasurer was ex-officio treasurer of city, board of education, etc., and did not have funds suffi-
cient to satisfy all. The city, board of education, etc., are entitled to their pro rata share, notwithstanding
the county commissioners settled with the county treasurer, and appropriated the whole fund to the county:
Commissioners v. Springfield, 36 O. S. 643.
The legislature may release liability: State v. Board of Education, 38 O. S. 3.
Board of Education v. McLandsborough, 36 O. S. 227.
563
Tit. VIII, Ch. 5.
COUNTY TREASURER.
§§ 1127-1129.
SEC. 1127. [May be removed: how vacancies shall be filled.] Imme-
diately on the institution of such suit, the county commissioners may remove
such treasurer, and appoint some person to fill the vacancy thereby created,
and the person so appointed shall give bond, and take the oath of office pre-
scribed for county treasurers. [29 v. 291, § 26; S. & C. 1588.]
Cited in State ex rel. v. Hawkins, 44 O. S. 110.
SEC. 1128. [Shall deliver to his successor all public property in his
possession.] The county treasurer, at the expiration of his term of office, or
on his resignation or removal from office, shall deliver to his successor all
moneys, books, papers, and other property in his possession as treasurer; and
in case of the death or incapacity of the county treasurer, his legal representa-
tives shall, in like manner, deliver over the same as aforesaid. [29 v. 291, § 32;
55 v. 92, § 22; S. & C. 1588; S. & C. 1602.]
See note to Ratterman v. State, 44 O. S. 641, under 2 1115.
SEC. 1129. [Examinations of county treasury.] An inspection and
thorough examination of all books, vouchers, accounts, moneys, bonds, securi-
ties and other property in the treasury of the county, shall be made by the
auditor and commissioners thereof as often as every six months in each year,
and the probate judge shall, once every six months, or oftener, if he deem it
necessary or whenever he is requested so to do in writing by one or more of the
bondsmen of the treasurer; and on the day and at the time the treasurer turns
over his office and its effects to his successor in office, without notice to any
one, he shall appoint, in writing, under the seal of said court, two competent
and trustworthy accountants of opposite politics, neither of whom shall have
held the office of treasurer or been a clerk in any county office during the two
years next preceding such appointment; provided, that persons who have.
served as examiners under the provisions of this section shall not again be
appointed until the expiration of three years, who, after being sworn to faith-
fully perform the duties imposed upon them, shall forthwith, without pre-
vious notice or intimation to the county treasurer or any other person, of such
intended inspection and examination, enter the county treasury, present their
authority aforesaid, to the county treasurer, who upon demand, shall open the
vaults and safes of the treasury and said examiners shall proceed immediately
to count the money therein and inspect and examine the books, records and
vouchers thereof, and after having counted the money, inspected and examined
the books, records and vouchers, found therein, make due entry of the same,
after which the said examiners shall proceed forthwith to the office of the county
auditor and there ascertain how much money the county treasurer stands
charged with on the auditor's books. Said auditor shall furnish such account-
ants with a statement of the exact amount of money, property, bonds, securi-
ties, assets and effects, also how much belongs to each particular fund and should
be in said treasury; the said accountants shall certify the exact amount of
money in the treasury, together with the amount belonging to each particular
fund, also all property, bonds, securities, vouchers, assets and effects as aforesaid,
in writing, in triplicate, one copy of which certificate shall be recorded in the
books of the treasury, and filed by the treasurer in his office, and one copy shall
be recorded and filed by the auditor of the county; one copy thereof shall be
duly reported to the probate court and be entered of record therein, a copy of
which shall be furnished by the probate judge for publication one week, in two
newspapers of opposite politics, of general circulation in the county in which
such examination is made, and said accountants so appointed and performing
the duties therein required, shall be paid five dollars per day for the time neces-
sary to the performance of the same, out of the county treasury, on a warrant
drawn by the county auditor and approved by the certificate of said court, par-
ticularly specifying the duty performed and the said probate judge is further
authorized to direct said examiners at least once a year and oftener if he deems
564
§§ 1130-1132.
COUNTY TREASURER.
Tit. VIII, Ch. 5.
it necessary to make an examination of the auditor's office, including all records,
books, accounts and vouchers in said office, and report as herein directed in
the examination of the county treasury, and the auditor of state is also author-
ized, when, from information filed in his office, or from other cause, he deems
it necessary for the safety and security of the public funds, to appoint a compe-
tent accountant, who shall, in like manner, proceed to examine the county
auditor's office, or if so directed also the county treasury, and count the funds
therein, and have the same powers and receive the same compensation, to be
paid in the same manner as examiners appointed by a probate judge, and in
addition thereto his necessary expenses incurred, to be approved by the auditor
of state, and such examiner shall, immediately after ascertaining the condition
of the county treasury, and the amount of money therein, certify the same in
the manner aforesaid, and file one copy of the certificate with the county
auditor, and one with the county treasurer, and transmit one copy to the
auditor of state, to be filed in his office, and the county treasurer and county
auditor shall submit the offices, books, safes, moneys, papers, and effects thereto
belonging, to the inspection of such examiner or examiners on demand, pro-
vided, that in counties in which the county treasurer is also city treasurer by
virtue of law, the examination herein provided for shall embrace the funds
belonging to the city, and the city clerk or city auditor shall perform the same
duties herein required of the county auditor, any officer or person violating
any of the provisions of this section shall be fined in any sum not exceeding
one thousand nor less than one hundred dollars, or be imprisoned in the peni-
tentiary not more than five years, or both, at the discretion of the court. [88
v. 431; 86 v. 140, 141, 142; 82 v. 173; Rev. Stat. 1880; 71 v. 137, § 12.]
SEC. 1130. [Powers of inspectors of county treasuries; may punish
for disobedience or refusal to be sworn.] A person appointed in pursuance
of the preceding section, or of any law of the state, to examine or inspect a
county treasury or to perform any other duty by said section or by law enjoined
or authorized, shall have and may exercise all the authority to issue subpoena
and compulsory process, and direct the service thereof by any constable or
sheriff, compel the attendance of witnesses and the production of books and
papers before him at any designated place, to administer oaths, and to punish for
disobedience of subpoena, or for refusal to be sworn, or to answer as a witness,
which is conferred by law upon courts or officers authorized to take depositions.
[73 v. 58, § 1.]
Before
SEC. 1131. [Examination of county treasury by committee appointed
by common pleas on application of tax-payers.] On the written application
of at least twenty tax-payers of any county, to the court of common pleas, the
court shall appoint a committee of three persons, to examine the books and
papers belonging to the offices of the county auditor and county treasurer, and
make report of their proceedings and the result of their examination.
such committee is appointed, one or more of said tax-payers shall enter into
bond to the state, in a sum and with sureties to the satisfaction of the court,
conditioned that the obligors will pay all the costs and expenses of such exam-
ination, if the court does not, on the coming in of such report, certify that
there was reasonable ground for the application; and, before entering upon
their duties, the members of said committee shall, respectively, take an oath to
perform the same faithfully; and in the discharge of their duties, they shall
have all the powers given in the preceding section to examiners of the county
treasury. [45 v. 42, §§ 1, 2; S. & C. 1592.]
Cited State v. Cincinnati, 52 O. S. 419, 452.
See note to Jones v. Com. 57 O. S. 189, under 2 1077.
SEC. 1132. [Fees and costs of examination.] Each member of such
committee shall be entitled to be paid three dollars for every day occupied in the
discharge of his duties, which, with all the other costs and expenses of such
565
Tit. VIII, Ch. 5.
COUNTY TREASURER.
§ 1133.
examination, shall be paid out of the county treasury after being approved by
said court. [45 v. 42, § 3; S. & C. 1593.]
SEC. 1133. [Duty of the prosecuting attorney on coming in of the
report.] On the presentation of the report, if a breach of the bond of either of said
officers is shown, the prosecuting attorney shall forthwith commence an action
on the bond of the delinquent officer; and if no such breach is reported, he
shall commence an action on the bond of the applicants, unless they forthwith
pay to the county said costs and expenses, or the court certifies that there was
reasonable ground for the application. [45 v. 42, § 4; S. & C. 1593.]
If the report under ? 1131 shows an illegal drawing of money by the auditor, an action on his bond un-
der ? 1133 is the proper remedy: Jones v. Com., 57 O. S. 189, 220.
See note to Jones v. Com., 57 O. S. 189, under 2 1077.
SEC. 1134. [If embezzlement be reported, the treasurer shall be re-
moved and another appointed.] If, on an examination of the county treas-
ury, it appears by the report of the examiner or examiners, that an embezzle-
ment has been committed by the then county treasurer, the county commis-
sioners shall forthwith remove said treasurer from office, and appoint some
person to fill the vacancy thereby created, and the person so appointed shall
give bond, and take the oath of office prescribed for county treasurers. [55 v.
92, § 11; S. & C. 1598.]
SEC. 1135. [When night-watchman shall be employed.] When the
county treasurer, county auditor, and probate judge shall, in writing, notify
the county commissioners that, in their opinion, the safety of the public money
in the treasury requires a night-watchman for the treasury, the commissioners
shall immediately authorize the county treasurer to employ a night-watchman;
and the commissioners shall, at the same time, fix the compensation to be paid
to the watchman, which shall be paid in weekly installments; and the employ-
ment shall continue until the treasurer, auditor, and probate judge shall certify
that it may be discontinued; but nothing in this section shall in any way
affect the liability of the county treasurer or his sureties. [73 v. 62, §1.]
SEC. 1136. [When a statement of amount of money, etc., shall be
published.] The county treasurer and county auditor shall conjointly make
out and publish, in at least one newspaper of general circulation in the county,
a statement signed by them of the amount of moneys and other assets remain-
ing in the county treasury, at the close of business on the last day of Febru-
ary, and the last day of August, and at any other time or times that the county
commissioners may order, particularly specifying in such statement the amount
belonging to each fund, and the bonds, securities, and other assets belonging to
the treasury. [56 v. 166, § 15; S. & C. 1600.]
COUNTY DEPOSITARY ACTS.
SEC. (1136—1) [County depository.] In each county where deposito-
ries are not otherwise authorized by law, the commissioners thereof may desig-
nate in the manner hereinafter provided, a bank situated in such county, and
duly incorporated under the laws of this state, or of the United States as a de-
pository of the money of the county; provided, that in any county where no
such bank exists, that the commissioners of said county may designate any
other bank located and doing business in the county. [93 v. 376; 92 v. 353;
91 v. 403.]
(1136-2) [Notice for proposals from banks; what to contain.]
When the commissioners of any county shall determine to provide a depositary
for the money of such county, they shall publish in two newspapers, published
and of general circulation in the county, for two consecutive weeks, a notice,
which shall invite sealed proposals from all banks coming within the provisions
of the preceding section, which proposals shall stipulate the rate of interest,
not less than one per cent. per annum that will be paid for the use of the
money of the county, as provided herein; and each proposal shall contain the
566
§ (1136—3).
COUNTY TREASURER.
Tit. VIII, Ch. 5.
names of the sureties who will be offered upon the undertaking of the bank,
filing the same in case the proposal is accepted. [92 v. 353; 92 v. 73; 91 v. 403.]
(1136-3) [Opening of proposals and awarding; expense and risk
when deposits made outside county seat.] On the Monday next, following
the last insertion of such notice, at the hour of twelve o'clock, noon, the com-
missioners shall, in open session, open such sealed proposals, and shall award
the use of the money of the county to the bank that offers the highest rate of
interest therefor; provided, that if such award shall be to a bank outside the
municipality at which the county seat of such county is fixed, the expenses
and risks of making deposits therein by the county treasurer, as hereinafter
provided for, shall be borne by such bank to which such award shall have been
made, and if two or more banks, offer the same highest rate of interest, the use
of the money shall be awarded to either of them, or the commissioners may
divide the funds to be deposited, and award a portion thereof to each of such
banks, and if no proposals are received offering a rate of interest as required in
section two [§(1136-2)], the commissioners shall at once, again advertise in the
manner aforesaid for such proposals; and if satisfactory proposals are not re-
ceived, the commissioners shall continue in the manner aforesaid to advertise
for such proposals, until acceptable proposals are received; but each said sub-
sequent advertisement, shall also state, whether any proposal was received
under the preceding advertisement, and if any was received, from what bank,
and the rate of interest offered. [92 v. 353; 92 v. 73; 91 v. 403.]
(1136-4) [Undertaking required.] No such award shall be binding on
such county, nor shall any of the money of the county be deposited thereunder,
until the hypothecation of the bonds provided for in section seven [§(1136-7)],
or until there is executed by the bank selected, and accepted by the commis-
sioners, a good and sufficient undertaking, payable to the county, and to be
recovered in the name of the county commissioners, for the use of the county,
in such sum, as the commissioners shall direct, and which shall not be less
than the sum that shall be deposited in the depositary at any one time; and
such undertaking shall be signed by at least six resident freeholders as sureties,
or, by a fidelity and indemnity insurance company, authorized to do such
business within the state, and having not less than $100,000 capital, to the
satisfaction of the commissioners as provided herein, and conditioned for the
receipt, safe-keeping and payment over, of all money which may come under
its custody, under and by virtue of this act, and under and by virtue of its
proposal and the award of the commissioners, together with the interest thereon
at the rate specified in the proposal; and the undertaking shall be further con-
ditioned, for the faithful performance by the bank of all the duties imposed
by this act upon the depositary of the money of the county. [92 v. 353; 91 v.
403.1
(1136-5) [Approval of undertaking; failure to execute same.]
Such undertaking shall not be accepted by the commissioners, until it has
been submitted to the prosecuting attorney, and certified by him to be in due
and legal form, and conformable to the provisions of this act, which certificate.
shall be indorsed thereon; and if any bank to which an award is made as afore-
said, fail to execute an undertaking as required hereby, to the acceptance of the
commissioners, or fail to hypothecate the bonds, as provided in section seven
[$(1136-7)], within thirty days from the time the award is made, the commis-
sioners may award the use of the money to any other bank whose written proposal,
offers the same rate of interest therefor, as designated in the proposal of such
defaulting bank; but if the written proposal of no other bank offers the same
rate of interest, they may award such use to any bank whose written pro-
posal offers the next highest rate of interest therefor, the undertaking and
hypothecation required to be executed in either case; or the commissioners
may in case of default as aforesaid, advertise for others in the manner aforesaid.
[92 v. 353; 91 v. 413.]
567
Tit. VIII, Ch. 5.
COUNTY TREASURER.
§ (1136-6).
(1136-6) [When bank becomes depositary; term; additional se-
curity, etc.] The bank to which an award is made, shall, upon the acceptance
by the commissioners of the undertaking, and upon the hypothecation of the
bonds as provided for herein, become the depositary of the money of the county,
and remain such for three years, or until the undertaking of its successor is
accepted by the commissioners; but the commissioners may at any time they
deem the same necessary, require additional security from the bank, in such
sum as they shall designate; and if the bank refuse, or neglect, for the period
of five days thereafter, to give such additional security, they may order the
removal of the county's deposits therefrom, to the county treasury, or may
designate some other bank to be the depositary thereof, temporarily, at such
rate of interest, or without interest, as they may determine. Such removal, and
all other removals ordered by the commissioners under the provisions of this
act, shall be made upon their written order, and the check of the county treas-
urer, after 30 days' notice to said depositary bank. If the money in case of
such removal, be deposited in a bank designated as a depositary, temporarily,
such bank shall, before the receipt by it of any such money, enter into an
undertaking and hypothecate the bonds as required by this act; but if no bank
be so designated, the money shall be disposed of as provided in section eight.
[§(1136-8)]. [92 v. 353; 91 v. 403.]
(1136-7) [Hypothecated bonds as security.] The commissioners may
in lieu of the undertaking provided for, by preceding sections, accept as security
for money deposited as aforesaid, interest bearing securities of a state, county, or
municipal corporation, where the indebtedness of such does not exceed 10% of
the assessed valuation; the face value of which shall not be less than the sum
specified in section four [§(1136–4)], as the amount to be named in the under-
taking, in lieu of which such bonds are accepted; or they may accept such
bonds as partial security to the extent of their face value for the money so
deposited and require an undertaking for the remainder of the full amount
specified in said section, to be named in the undertaking, and in the under-
taking so required, such acceptance of bonds as partial security, and the extent
thereof shall be set forth. The hypothecation of such bonds shall be by proper
legal transfer as collateral which shall stipulate that the bonds shall be the
property of the county, in case of any default on the part of the bank in its ca-
pacity as depositary as aforesaid, and that its negotiation or release by the
commissioners shall require the signature of each member of the board. The
commissioners shall make ample provisions for the safe-keeping of such hypoth-
ecated bonds; and the interest thereon when paid, shall be turned over to the
bank, so long as it is not in default as aforesaid. [92 v. 353; 91 v. 403.]
(1136-8) [Deposits by the treasurer.] The treasurer shall upon the
receipt of a written notice from the commissioners, stating that a depositary
has been selected in pursuance of the provisions of this act, and naming the
bank or banks selected as such depositary or depositaries, deposit as directed
by the commissioners to the credit of the county, all money in his possession,
except such as may be necessary to meet current demands, in such bank or
banks, and thereafter he shall before noon of each business day, deposit in
such bank or banks, all money received by him the preceding business day,
except as herein before provided; and such money shall be payable only on
the check of the treasurer. All money deposited with any depositary shall
bear interest at the rate specified in the proposal on which the award to it was
made, to be computed on daily balances, and such interest shall be placed to
the credit of the county, on the first day of March and the first day of Sep-
tember each year, or at any time when the account may be closed, and when
the interest is credited to the county, the depositary shall notify the auditor
568
$(1136-9).
COUNTY TREASURER.
Tit. VIII, Ch. 5.
and treasurer in writing, of the amount thereof before noon of the next busi-
ness day, and all such interest shall be credited to the general fund of the
county. [92 v. 353; 91 v. 403.]
(1136-9) [Monthly statements of depositary.] On the first business
day of each month, the depositary shall notify the county auditor, in writing
of the amount of deposits made by the treasurer for the preceding month, and
the balance on deposit to the credit of the county, at that time, and the audi-
tor and treasurer shall each prepare and submit to the commissioners a sworn
statement of the finances of the county for the preceding month, which shall
show the amount of money received to the credit of each fund, and account
the amount disbursed from each, the balance remaining to the credit of each,
the balance of money in the depositary, and the balance in the treasury, and
the commissioners shall place such statements on file and forthwith post a
duly certified copy of each, in the auditor's office, to remain so posted, at least
thirty days for the inspection of the public. On the day aforesaid, some offi-
cer of the bank or banks, acting as a county depositary or depositaries, shall
file with the county commissioners, all checks of the county treasurer, paid
and redeemed by the bank, during the previous month, and the commission-
ers shall compare such checks with the report of the county treasurer, and if
the statement of such bank or banks and the treasurer do not agree, the com-
missioners shall forthwith give notice thereof to the treasurer and auditor,
who shall thereupon ascertain the cause of such discrepancy and report the
same to the commissioners. [92 v. 353; 91 v. 403.]
(1136-10) [Williams county.] The county auditor and county treas-
urer of Williams county shall each receive such compensation for the perform-
ance of their respective duties and services under this act, as shall be fixed
and deemed reasonable by the board of county commissioners of said county.
[92 v. 755.]
(1136-11) [Liability of treasurer.] Nothing in this act shall be
held or considered as in any manner changing or affecting the liability of
treasurers of counties having depositaries under and according to its provi-
sions, except that they shall not be held liable for any loss of money deposited
by them in the depositaries, as provided herein, while such money is in the
custody of such depositaries. [92 v. 353; 91 v. 403.]
(1136-12) [Penalty.] An officer of any such county who wilfully
violates any provisions of this act, or wilfully neglects or refuses to perform
any duty thereby imposed upon him, shall, upon conviction thereof in the
court of common pleas, be fined in any sum not exceeding ten thousand
dollars, for the use of the county or be imprisoned in the penitentiary not
more than ten years, nor less than one year, or both, at the discretion of the
court. [92 v. 353; 91 v. 403.]
(1136-13) [Conflicting statutory provisions superseded.] Any pro-
vision of the statutes of this state in force when this act takes effect, which
conflicts with any provision of this act, shall be held to be superseded by the
latter as to the matter of inconsistency, and not otherwise, in counties having a
depositary or depositaries for county funds under the provisions thereof; pro-
vided that when, for any reason, any of such counties shall be without a
depositary for such funds, the money of the county shall be placed and remain
in the custody of the treasurer until another depositary is designated, and he
shall be governed by the general laws relating to county treasurers. [92 v.
353; 91 v. 403.]
The act of March 11, 1889, providing for a depositary for Summit county, 86 v. 70, (S.
& B. ?? 8035-77 to -94) was repealed and another act substituted March 17, 1891, 88 v. 124:
The latter act was repealed April 15, 1892, 89 v. 302.
569
Tit. VIII, Ch. 5.
COUNTY TREASURER.
§ (1136—14).
The Mahoning and Summit counties depositary act of May 21, 1894, 91 v. 853, was re-
pealed April 27, 1896, 92 v. 646.
This law is of a general nature, and applies to but one county and hence is void, especially in view of
? 17 making it a felony to violate the statute, while by 6841 such deposit is a felony in all other counties; see
proviso in 6841 as in 91 v. 338: State ex rel. v. Ellet, 49 O. S. 90.
CUYAHOGA
COUNTY.
(1136-14) [Cuyahoga county: depositary for public moneys.] In
each county containing a city of the second grade of the first class it shall be
the duty of the county commissioners to designate in the manner hereinafter
provided, a bank or banks situated in the county and duly incorporated under
the laws of this state or of the United States, as depository or depositories of
the money of the county. [91 v. 605, § 1; 85 v. 230.]
(1136-15) [Advertisement for proposals from banks for use of
such moneys.] Upon the taking effect of this act and every three or six
years thereafter, the commissioners shall publish in one daily newspaper pub-
lished and of general circulation in the city and county, on the second day of
the week, for two consecutive weeks, a notice which shall invite sealed pro-
posals from all banks coming within the provisions of the preceding section,
which proposals shall stipulate:
First. The rate of interest they will pay respectively for the use of one-
third of the money aforesaid for the period of three years.
Second. The rate of interest they will pay respectively for the use of two-
thirds of the money aforesaid for the period of three years.
Third. The rate of interest they will pay respectively for the use of all of
the money aforesaid for the period of three years.
Fourth. The rate of interest they will pay respectively for the use of one-
third of the money aforesaid for the period of six years.
Fifth. The rate of interest they will pay respectively for the use of two-
thirds of the money for the period of six years.
Sixth. The rate of interest they will pay respectively for the use of all
of the money aforesaid for the period of six years. They shall also cause a
copy of said notice to be mailed to each of said banks at least five days before
the opening of said bids or proposals. Each proposal shall contain the names
of the sureties who will be offered upon the undertaking of the bank filing the
same in case its proposal be accepted. [91 v. 606, § 2; 85 v. 230.]
(1136-16) [Opening of proposals; award; rejection of bids; re-ad-
vertising.] On the Monday following the last publication of such notice, at
the hour of twelve o'clock noon, the commissioners shall, in open session, open
such sealed proposals and shall award the use of such money to the bank or
banks offering the highest rate of interest therefor, or such commissioners
may, if it be deemed for the best interests of the county, accept or reject any
or all proposals, and it may readvertise for others. [91 v. 606, § 3; 85 v. 230.]
(1136-17) [Undertaking required of depositary.] No such award
shall be binding upon the county, nor shall any of the money of the county be
deposited thereunder until there is executed by the bank or banks selected and
accepted by the commissioners good and sufficient undertakings payable to the
county, and to be recovered in the name of the county commissioners for the
use of the county, in a sum not less than four hundred thousand dollars; such
undertakings shall each be signed by at least six freeholders of the city, to the
satisfaction of said commissioners, and conditioned for the receipt, safe-keeping
and payment over, as provided herein, of all money which may come into the
custody of the bank under and by virtue of this act, and under and by virtue
of this proposal, and the award of said commissioners, together with the in-
terest thereon at the rate specified in the proposal, and they shall be further
570
§ (1136-18).
COUNTY TREASURER.
Tit. VIII, Ch. 5.
conditioned for the faithful performance by the bank of all the duties imposed
by this act upon the depository of such money. [91 v. 606, § 4; 85 v. 230.]
(1136-18) [Same to be approved by prosecuting attorney; failure
to excute same; new award; rejection of all bids; re-advertising.] The
undertakings provided for herein shall not be accepted by the commissioners
until the prosecuting attorney shall certify thereon that the same are in due
and legal form and conformable to the provisions of this act; and if any bank
to which an award is made as aforesaid fail to execute an undertaking as re-
quired hereby to the acceptance of the commissioners within five days from
the time the award is made, the commissioners may award the use of the
money to any other bank or banks whose written proposal offers the same or
the next highest rate of interest therefor, or the commissioners may, in case of
default as aforesaid, reject said bid and advertise for others in the manner
aforesaid. [91 v. 606, § 5; 85 v. 230.]
(1136-19) [When a bank becomes such depositary; additional
security; removal of public moneys; temporary depositary.] The bank or
banks to which awards are made shall, upon the acceptance by the commis-
sioners of the undertakings provided for herein, and upon the expiration of
the period for which such money may, on the passage of this act, be deposited,
become the depository or depositories of the money of the county, and remain
such until the undertakings of their successor or successors are accepted by the
commissioners; but the commissioners may, at any time they deem the same
necessary, require additional security from the bank or banks in such sum as
they shall designate, and if any bank refuse or neglect for the period of five
days thereafter to give such additional security, the commissioners may order
the removal of the county's deposit therefrom forth with, and may designate
some other bank or banks to be the depository or depositories thereof tempo-
rarily at such rate of interest or without interest, as they may determine.
Such removal and all other removals under the provisions of this act shall be
made upon the written order of the commissioners; and the county auditor
shall, upon the receipt of such order, issue his warrant and the county treas-
urer his check for the removal. Any bank designated as a depository tempo-
rarily shall, before the receipt by it of any such money, enter into an under-
taking as required by preceding sections; but if no bank be so designated, the
money shall be disposed of as provided in section 8 [§(1136—21)] herein. [91
v. 607, §6; 85 v. 230.]
(1136-20) [Securities in lieu of bonds; indorsement; safe keeping;
interest thereon.] The commissioners may, in lieu of the undertaking, pro-
vided for by preceding sections, accept as security for money deposited as afore
said, interest-bearing bonds of the county, or of the city in which the depository
or depositories are located, the face value of which shall not be less than the sum
specified in section four [§(1136-17)], as the amount to be named in the under-
taking in lieu of which bonds are accepted; or they may accept such bonds as par-
tial security, to the extent of their face value, for the money so deposited, and
require an undertaking for the remainder of the full amount specified in said
section to be named in the undertaking, and in the undertaking so required
such acceptance of bonds as partial security, and the extent thereof, shall be
set forth. The hypothecation of such bonds shall be by indorsement of the
fact and purpose on the back of each, which indorsement shall stipulate that
the bond shall be the property of the county in case of any default on the
part of the bank in its capacity as depositary as aforesaid, and that its negoti-
ation or release by the commissioners shall require the signature of each mem-
ber of the board. The commissioners shall make ample provision for the
safe-keeping of such hypothecated bonds; and the interest thereon, when
571
Tit. VIII, Ch. 5.
COUNTY TREASURER.
§ (1136—21).
paid, shall be turned over to the bank, so long as it is not in default as
aforesaid. [91 v. 607, § 7; 85 v. 230.]
(1136-21) [Deposit of funds in county treasury when a depositary
can not be secured; his disbursements; books and statements.] If at any
time for any cause the commissioners of any such county are unable to secure a
depositary, as provided by preceding section, for the whole or a portion of the
money of the county, the same shall remain in the custody of the county treas-
urer, if in his custody at the time, and if in a depositary and its removal be or-
dered, it shall be removed to the county treasury in the manner provided in section
6 [§(1136-19)], for removals, and in either case the treasurer shall be the custodian
thereof until such time as a depositary or depositaries are secured in accordance
with the provisions of this act, and while he remains such custodian the money
shall be paid out by him on warrants of the auditor, which in such case shall
not be in duplicate; and during such time he shall keep such books and make
to the auditor such statements of receipts and payments as are required in
case the money of the county is in the custody of a depositary designated by the
commissioners, except that they shall show that such money is in the custody
of the treasurer instead of such depositary. [91 v. 607, § 8; 85 v. 230.]
(1136-22) [Deposits by treasurer in depositary; money, how dis-
bursed from depositary; treasurer's checks; auditor's warrants; warrants
not to be drawn, unless, etc.; assignment of undivided tax receipts to
cxhausted funds; interest on money in depositary, how computed and
The treasurer
credited; depositary's notices to auditor and treasurer.]
shall, upon the receipt of a written notice from the commissioners stating that a
depositary or depositaries have been selected in pursuance of the provisions of this
act, and naming the bank or banks so selected, deposit to the credit of the county,
in quantities proportionate to the awards made upon the proposals of said bank,
all money in his possession, except as provided in section 14 [§(1136—27)], in the
bank or banks constituted the depositary or depositaries as aforesaid, and there-
after he shall, before noon of each business day, deposit as aforesaid all money re-
ceived by him the preceding business day, except as provided in section 14
[§(1136-27)]; and such money shall be payable only on the check of the treas-
urer, which check shall not be valid or payable unless it have partly printed and
partly written on the same paper therewith a duplicate of the warrant of the county
auditor authorizing the payment of the sum for which the check is drawn. All
warrants issued by the auditor upon the treasurer for the payment of money, ex-
cept as provided in section 14 [§(1136-27)], and also when the money of the
county is in the custody of the treasurer, shall be drawn and signed in dupli-
cate, one of which shall have printed upon its face the word "original," which
shall be filed and kept by the treasurer in his office, and the other of which
shall have printed upon its face the word "duplicate," and shall be and remain
unsevered from the check of the treasurer. The auditor shall issue no warrant
payable from any fund unless there is money belonging thereto for the pay-
ment thereof in full, notwithstanding the provisions of section 1108 of the
Revised Statutes; but when any fund is exhausted and the commissioners are
satisfied that of the undivided money on hand, received on account of taxes.
the portion thereof that will belong to such fund upon the next semi-annual
distribution of such money is an amount such that a part of it may judicially
[judiciously] be assigned to such exhausted fund in advance of such distribu-
tion, they may make an order directing such an assignment, and the auditor
shall notify the treasurer thereof in writing. All money deposited with any
such depositary shall bear interest at the rate specified in the proposal on which
the award to it was made. to be computed on daily balances, and such interest
shall be placed to the credit of the county on the first day of March and the
first day of September each year, or at any time when the account may be
572
§ (1136—23).
COUNTY TREASURER.
Tit. VIII, Ch. 5.
closed. Each depositary shall notify the auditor in writing before noon of each
business day of the amount of deposits made by the treasurer for the preceding
business day, and when the interest is credited to the county each depositary
shall notify the auditor and treasurer in writing of the amount thereof before
noon of the next business day, and all such interest shall be credited to the
general fund of the county. [91 v. 607, § 9; 85 v. 230.]
(1136-23) [Treasurer's daily statement to auditor; accounts;
moneys, how paid to treasurer; receipts; moneys received by treasurer
from state treasury; daily tax statements.] Each business day the treas-
urer shall make to the auditor a sworn statement showing for the preceding
business day the total amount of money received by him, the total amount
deposited in each depositary, the total amount paid by check on a deposi-
tary, the total amount paid out in cash, the balance in each depositary and
the balance in the treasury, and he shall keep such accounts in books to
be provided for that purpose as shall enable him to make such statements.
All money paid to the treasurer except for taxes, and except also money
received from the state treasury, shall be upon the order of the auditor, and
the treasurer shall give receipts therefor, each of which shall be made and
signed in duplicate, one of which shall have printed across its face the word
original," and the other the word "duplicate," and each duplicate shall be
filed with the auditor on the day of its date; and each such receipt shall show
the amount received, from whom received, and on what account, and shall
state the fund to which the money is to be applied; provided, that in case of
money received by the treasurer from the state treasury, the triplicate warrant
required by section ten hundred and eighty-five of the Revised Statutes to
be transmitted to the auditor by the auditor of state shall take the place of
the duplicate receipt above provided for; and the treasurer shall not give
receipts for taxes in duplicate, but in lieu thereof shall, at the close of each
business day, file with the auditor a statement of the amount of money
received by him for taxes and penalties during the day. [91 v. 608, § 10; 85
v. 230.]
66
(1136-24) [Books to be kept by the auditor.] The auditor shall
keep in his office books in which shall be entered the daily receipts of the
treasurer's office, as shown by the duplicate receipts returned to him by the
treasurer, and by the statements of money received for taxes and the triplicate
warrants mentioned in the preceding section, the amount of the deposits made
by the treasurer each day in each depositary, as shown by the daily statements of
the depositaries to the auditor, and the amount remaining in the treasurer's hands
in pursuance of section fourteen [§(1136-27)], or when the treasurer is custodian
of all or a portion of the money, as shown by the treasurer's daily statements re-
ceived by him, and in such books the money received by the treasurer from taxes
of all kinds shall be shown in an account entitled "the undivided tax account
and all other receipts by him shall be shown in accounts indicating the respect-
ive funds to which the money belongs. He shall enter in such books also the
amount of all warrants issued by him each day to the treasurer, and the ac-
counts in such books shall be so kept as to show the balance of each fund, the
balance of undivided money received for taxes and the balance of money
received from the state treasurer and on account of school lands, each day, in
his hands, and in the hands of the depositaries respectively. Whenever two or
more banks are under the provisions of this act selected as depositaries, it shall
be the duty of the auditor to so draw his warrants that the money in the
depositary paying the least rate of interest shall be first exhausted. [91 v. 609,
§ 11; 85 v. 230.1
(1136-25) [Auditor's certificate to correctness of treasurer's state-
ments; discrepancies.] Upon the receipt each day by the auditor of the
573
Tit. VIII, Ch. 5.
COUNTY TREASURER.
§ (1136-26).
sworn statement provided for in section ten [§(1136—23)], he shall certify thereon
to its correctness, if, upon comparison with his books, it be found to be correct,
and shall file such statement in his office; but if any such statement be found by
the auditor at any time to be incorrect he shall forthwith give notice thereof
to the treasurer, and unless the discrepancy be immediately discovered and
corrected, he shall notify the commissioners thereof without delay. [85 v. 230,
§ 12.]
(1136-26) [Payments on draft to treasurer of state; how made.]
Except as provided in sections eight and fourteen [§§(1136-21), (-27)], the
treasurer shall not pay out any money otherwise than by check on the depos-
itary as provided in section nine [§(1136—22)]. But before he issues a check
in payment for [of] any draft made upon him by the auditor of state in favor
of the treasurer of state, he shall exhibit such draft to the county auditor and
file with him a certified copy thereof, and the auditor shall thereupon issue his
warrant authorizing the treasurer to issue his check for the amount specified in
the draft; and before he remits to the treasurer of state any money on account
of school lands he shall notify the auditor in writing of his readiness to do so,
and the auditor shall file such notice and issue his warrant authorizing the
treasurer to draw his check for the amount upon a depositary, but if the money
be in custody of the treasurer instead of a depositary the same proceeding shall
be had except that the warrants of the auditor shall authorize the payments
otherwise than by such check. [91 v. 609, § 13; 85 v. 230.]
(1136-27) [Cash payments by treasurer or rees of jurors and
witnesses; of allowances to indigent soldiers.] The treasurer shall pay in
cash warrants issued by the auditor for the payment of fees of jurors and wit-
nesses, and also warrants so issued payable from the soldiers' relief fund, and
he may retain in his hands from day to day a sufficient amount of the receipts
of his office to enable him to do so, but the balance of money so withheld from
deposit shall at no time be in excess of five thousand dollars; and warrants
issued for the purposes aforesaid shall not be in duplicate; but if at any time
the money so retained by the treasurer is entirely paid out, and the current
receipts of his office are insufficient to pay such warrants, the auditor, if so
authorized by the commissioners, shall issue his warrant to the treasurer
authorizing him to draw his check upon a depositary for the amount specified
therein, which shall not be in excess of five thousand dollars, to pay such war-
rants. [91 v. 609, § 14; 85 v. 230.]
[1136-28) [Auditor's sworn monthly statement to commissioners.]
On the first business day of each month the auditor shall prepare and submit
to the commissioners a sworn statement of the finances of the county for the
preceding month, which shall show the amount of money received to the credit
of each fund and account, the amount disbursed from each, and the balance
remaining to the credit of each, and also the balance of money in the depositary
or depositaries, the balance in the treasury in pursuance of section fourteen
[S(1136-27)], and, if the money of the county be in the custody of the treas-
urer instead of a depositary, the total balance thereof in the treasury; and the
commissioners shall place such statement on file, and forthwith post a duly
certified copy thereof in the auditor's office, to remain so posted at least thirty
days for the inspection of the public. [91 v. 609, § 15; 85 v. 230.]
(1136-29) [Liability of treasurer, how far affected by this act.]
Nothing in this act shall be held or considered as in any manner changing or
affecting the liability of treasurers of counties covered by its provisions, except
that they shall not be held liable for any loss of money deposited by them in
depositaries, as provided for herein, while such money is in the custody of
such depositaries. [85 v. 230, § 16.]
574
§ (1136—30).
COUNTY TREASURER.
Tit. VIII, Ch. 5.
(1136-30) [Penalty for violations of this act.] An officer of any
such county who willfully violates any provision of this act, or willfully neg
lects or refuses to perform any duty thereby imposed upon him, shall, upon
conviction thereof in the court of common pleas, be fined in any sum not ex-
ceeding ten thousand dollars, for the use of the county, or be imprisoned in
the penitentiary not more than ten years nor less than one year, or both, at
the discretion of the court. [85 v. 230, § 17.]
(1136-31) [Statutory provisions conflicting herewith shall be super-
seded hereby.] Any provision of the statutes of this state in force when this
act takes effect, which conflicts with any provision of this act, shall be held to
be superseded by the latter, as to the matter of inconsistency, and not other-
wise, in counties to which this act relates. [85 v. 230, § 18.]
FOR LUCAS COUNTY.
(1136-32) [Designation of a bank as a depositary for Lucas county
funds.] In each county containing a city of the third grade of the first class,
it shall be the duty of the county commissioners to designate, in the manner
hereinafter provided, a bank situated in the county, and duly incorporated
under the laws of this state or of the United States, as a depositary of the
money of the county. [85 v. 243, § 1.]
(1136—33) [Advertising for proposals from such banks to act
as depositaries.] The commissioners shall, on the taking effect of this act, and
thereafter biennially, publish, in two daily newspapers published and of gen-
eral circulation in the county, on the second day of the week, for two consecu-
tive weeks, a notice which shall invite sealed proposals from all banks coming
within the provisions of the preceding section, which proposals shall stipulate
the rate of interest, not less than one per centum, that will be paid for the use
of the money of the county as provided herein; and each proposal shall con-
tain the names of the sureties who will be offered upon the undertaking of
the bank filing the same in case the proposal be accepted. [1889, February
13; 86 v. 45, § 2; 85 v. 243.]
(1136-34) [Opening of the proposals; award; rejection; re-
advertising.] On the Monday next following the last insertion of such notice,
at the hour of twelve o'clock noon, the commissioners shall, in open session,
open such sealed proposals, and shall award the use of the money of the county
to the bank that offers the highest rate of interest therefor; and if two or more
banks offer the same highest rate of interest, the use of the money may be
awarded to either of them, or the commissioners may reject all proposals and
advertise for others in the manner aforesaid; and if no proposals are received,
offering a rate of interest as required in section two [§(1136--33)], the commis-
sioners shall at once, again advertise in the manner aforesaid for such proposals;
and if satisfactory proposals are not received, the commissioners shall continue
in the manner aforesaid to advertise for such proposals until acceptable pro-
posals are received, but each said subsequent advertisement shall also state
whether any proposal was received under the preceding advertisement, and if
any was received, from what bank; and the rate of interest offered. [1889,
February 13: 86 v. 45, § 3; 85 v. 243.]
(1136-35) [Undertaking first required of the depository.] No such
award shall be binding on any such county, nor shall any of the money of the
county be deposited thereunder, until the hypothecation of the bonds provided for
in section seven [§(1136—38)]; and until there is executed by the bank selected,
and accepted by the commissioners, a good and sufficient undertaking, payable
to the county, and to be recovered in the name of the county commissioners
575
Tit. VIII, Ch. 5.
COUNTY TREASURER.
S (1136-36).
for the use of the county, in such sum as the commissioners shall direct, which
shall not be less than six hundred thousand dollars, and such undertaking shall
be signed by at least six resident free-holders as sureties, to the satisfaction of
the commissioners, and conditioned for the receipt, safe-keeping, and payment
over, as provided herein, of all money which may come into its custody under
and by virtue of this act, and under and by virtue of its proposal and the award
of the commissioners, together with the interest thereon at the rate specified
in the proposal; and the undertaking shall be further conditioned for the faith-
ful performance by the bank of all the duties imposed by this act upon the
depositary of the money of the county. [85 v. 243, § 4.]
(1136-36) [Same to be approved by county prosecuting attorney;
failure to execute same; new award; rejection of all bids and re-adver-
tising.] Such undertaking shall not be accepted by the commissioners until
it has been submitted to the prosecuting-attorney, and certified by him to be
in due and legal form, and conformable to the provisions of this act, which
certificate shall be indorsed thereon; and if any bank to which an award is
made as aforesaid, fail to execute an undertaking as required hereby, to the
acceptance of the commissioners, and fail to hypothecate the bonds as provided
in section seven [§(1136—38)], within three days from the time the award is made,
the commissioners may award the use of the money to any other bank whose writ-
ten proposal offers the same rate of interest therefor as designated in the proposal
of such defaulting bank, but if the written proposal of no other bank offers
the same rate of interest they may award such use to any bank whose written
proposal offers the next highest rate of interest therefor, the undertaking and
hypothecation required to be executed in either case; or the commissioners
may, in case of default as aforesaid, reject any or all bids and advertise for
others in the manner aforesaid. [85 v. 243, § 5.]
(1136-37) [Time when bank receiving the award becomes the
depositary aforesaid; additional undertaking; removal of deposits; tem-
porary depositary.] The bank to which an award is made shall, upon the
acceptance by the commissioners of the undertaking, and upon the hypotheca-
tion of the bonds as provided for herein, become the depositary of the money
of the county, and remain such until the undertaking of its successor is
accepted by the commissioners; but the commissioners may, at any time they
deem the same necessary, require additional security from the bank, in such
sum as they shall designate; and if the bank refuse or neglect, for the period
of five days thereafter, to give such additional security, they may order the
removal of the county's deposits therefrom forthwith, and may designate some
other bank to be the depositary thereof temporarily, at such rate of interest,
or without interest, as they may determine. Such removal, and all other
removals under the provisions of this act, shall be made upon the written
order of the commissioners; and the county auditor shall, upon the receipt of
such order, issue his warrant, and the county treasurer his check, for the
removal. If the money, in case of such removal, be deposited in a bank des-
ignated as a depositary temporarily, such bank shall, before the receipt by it
of any such money, enter into an undertaking and hypothecate the bonds as
required by this act; but if no bank be so designated the money shall be dis-
posed of as provided in section eight [§(1136–39)]. [85 v. 243, § 6.]
(1136-38) [Securities in lieu of bonds; indorsement; safe-keeping
thereof; interest thereon.] The commissioners of any such county may, in
lieu of the undertaking provided for by preceding sections, accept as security
576
§ (1136-39).
COUNTY TREASURER.
Tit. VIII, Ch. 5.
for money deposited as aforesaid interest-bearing bonds of the county, or of
the city in which the depositary is located, the face value of which shall not
be less than two-thirds of the sum specified in section four [(1136-35)], as the
amount to be named in the undertaking in lieu of which such bonds are accepted;
and as additional security for money deposited under the provisions of this act,
the bank to which the award is made shall be required before any of said money
is deposited to hypothecate to the county bonds of the county or city as afore-
said, to the extent of one-third of the amount of the undertaking provided for
by section four [§(1136-35)]. The hypothecation of such bonds shall be by
indorsement of the fact and purpose on the back of each, which indorsement
shall stipulate that the bond shall be the property of the county in case of
any default on the part of the bank in its capacity as depositary as aforesaid,
and that its negotiation or release by the commissioners shall require the sig-
nature of each member of the board. The commissioners shall make ample
provision for the safe-keeping of such hypothecated bonds; and the interest
thereon, when paid, shall be turned over to the bank so long as it is not in
default as aforesaid. [85 v. 243, §7.]
(1136-39) [Interim deposit of funds in county treasury if de-
positary can not be secured; disbursements by treasurer; his books and
statements.] If at any time, for any cause, the commissioners be unable to
secure a depositary as provided by preceding sections, the money of the county
shall remain in the custody of the county treasurer, if in his custody at the
time, and if in a depositary, and its removal be ordered, it shall be removed to
the county treasury, in the manner provided in section six [§(1136-37)], for
removals, and in either case the treasurer shall be the custodian thereof until
such time as a depositary is secured in accordance with the provisions of this
act; and while he remains such custodian the money shall be paid out by him.
on warrants of the auditor, which in such case shall not be in duplicate; and
during such time he shall keep such books, and make to the auditor such
statements of receipts and payments, as are required in case the money of the
county is in the custody of a depositary designated by the commissioners,
except that they shall show that such money is in the custody of the treasurer
instead of such depositary. [85 v. 243, § 8.]
(1136-40) [Daily deposits by treasurer in the depositary; money,
how disbursed from depositary; treasurer's checks; auditor's warrants;
warrant not to be drawn, unless, etc.; assignment of undivided moneys to
exhausted funds; how interest on money in depositary shall be computed
and credited; depositary's notices to treasurer and auditor.] The treas-
urer shall, upon the receipt of a written notice from the commissioners stating
that a depositary has been selected in pursuance of the provisions of this act,
and naming the bank selected as such depositary, deposit, to the credit of the
county, all money in his possession, except as provided in section fourteen
[§(1136-45)], in the bank constituted the depositary as aforesaid, and there-
after he shall, before noon of each business day, deposit in such depository all
money received by him the preceding business day, except as provided in
section fourteen [§(1136-45)]; and such money shall be payable only upon
check (numbered to correspond with the warrant authorizing it) to be written
by the auditor, and signed, first by him in the lower left-hand corner, and
then by the treasurer in the lower right-hand corner, and dated by the treas-
urer on the day it shall be signed by him; and such check shall not be valid
or payable unless there shall appear on its face, over the signature of the
auditor, a statement partly printed and partly written thereon showing by
what authority said warrant and check is issued. All warrants issued by the
auditor upon the treasurer for the payment of money (except as provided
577
Tit. VIII, Ch. 5.
COUNTY TREASURER.
§ (1136-41).
in section fourteen [§(1136-45)], and also when the money of the county
is in the custody of the treasurer), shall be drawn and signed by the
county auditor and shall be kept and filed by the treasurer in his office;
and the auditor shall take a receipt for each warrant issued and file the same
in his office. The auditor shall issue no warrant payable from any fund
unless there is money belonging thereto for the payment thereof in full,
notwithstanding the provision of section eleven hundred and eight of the Re-
vised Statutes; but when any fund is exhausted, and the commissioners
are satisfied that, of the undivided money on hand received on account of
taxes, the portion thereof that will belong to such fund upon the next semi-
annual distribution of such money is in amount such that a part of it may
judiciously be assigned to such exhausted fund in advance of such distribution,
they may make an order directing such assignment, and the auditor shall
notify the treasurer thereof in writing. All money deposited with the deposi-
tary shall bear interest at the rate specified in the proposal on which the award
to it was made, to be computed on daily balances, and such interest shall be
placed to the credit of the county on the first day of March and the first day
of September each year, or at any time when the account may be closed. The
depositary shall notify the auditor, in writing, before noon of each business
day, of the amount of deposits made by the treasurer for the preceding busi-
ness day, and when the interest is credited to the county,the depositary shall
notify the auditor and treasurer, in writing, of the amount thereof, before noon
of the next business day, and all such interest shall be credited to the general
fund of the county. [92 v. 719, § 9; 85 v. 243.]
(1136-41) [Treasurer's daily statement to the auditor; his ac-
counts; moneys, how paid to treasurer; receipts; moneys received by
treasurer from state treasury: his daily tax statements.] Each business
day the treasurer shall make to the auditor a sworn statement, showing for
the preceding business day the total amount of money received by him, the
total amount deposited in the depositary, the total amount paid by check
on the depositary, the total amount paid out in cash, the balance in the deposi-
tary, and the balance in the treasury; and he shall keep such accounts, in
books to be provided for that purpose, as shall enable him to make such state-
ments. All money paid to the treasurer, except for taxes and except also
money received from the state treasury, shall be upon the order of the auditor,
and the treasurer shall give receipts therefor, each of which shall be made and
signed in duplicate, one of which shall have printed across its face the word
"original," and the other the word "duplicate," and each duplicate shall be
filed with the auditor on the day of its date; and each such receipt shall show
the amount received, from whom received, and on what account, and shall
state the fund to which the money is to be applied; provided, that in case of
money received by the treasurer from the state treasury the triplicate warrant.
required by section ten hundred and eighty-five of the Revised Statutes to
be transmitted to the auditor by the auditor of state shall take the place of
the duplicate receipt above provided for, and the treasurer shall not give
receipts for taxes in duplicate, but in lieu thereof shall, at the close of each
business day, file with the auditor a statement of the amount of money
received by him for taxes and penalties during the day. [85 v. 243, § 10.]
(1136-42) [Books which the auditor is required to keep.] The
auditor shall keep in his office books in which shall be entered the daily
receipts of the treasurer's office, as shown by the duplicate receipts returned
to him by the treasurer, and by the statements of money received for taxes and
the triplicate warrants mentioned in the preceding section, the amount of the
38
578
§ (1136–43).
COUNTY TREASURER.
Tit. VIII, Ch. 5.
deposits made by the treasurer each day in the depositary, as shown by the daily
statements of the depositary to the auditor, and the amount remaining in the
treasurer's hands in pursuance of section fourteen [§(1136-45)], or when the treas-
urer is custodian of all the money, as shown by the treasurer's daily statements
received by him; and in such books the money received by the treasurer
from taxes of all kinds shall be shown in an account entitled the "undi-
vided tax account," and all other receipts by him shall be shown in accounts
indicating the respective funds to which the money belongs. He shall enter
in such books also the amount of warrants issued by him each day to the
treasurer; and the accounts in such books shall be so kept as to show the
balance of each fund, the balance of undivided money received for taxes, and
the balance of the money received from the state treasury, and on account of
school lands, each day, in his hands and in the hands of the depositary respect-
ively. [85 v. 243, § 11.]
(1136-43) Auditor's certificate to the correctness of the treas-
urer's statement; discrepancies; notice to commissioners.] Upon the
receipt each day by the auditor of the sworn statement provided for in section
ten [§(1136-41)], he shall certify thereon to its correctness, if, upon comparison
with his books, it be found to be correct, and shall file such statement in his of
fice; but if any such statement be found by the auditor at any time to be incorrect,
he shall forthwith give notice thereof to the treasurer, and unless the dis-
crepancy be immediately discovered and corrected, he shall notify the com-
missioners thereof without delay. [85 v. 243, § 12.]
(1136-44) [Payments; drafts to treasurer of state; how made.
Except as provided in sections eight and fourteen [§§(1136-39), (-45)], the
treasurer shall not pay out any money otherwise than by check on the depos-
itory, as provided in section nine [§(1136-40)]. But before he issues a check
in payment of any draft made upon him by the auditor of state in favor of
the treasurer of state, he shall exhibit such draft to the county auditor, and file.
with him a certified copy thereof, and the auditor shall thereupon issue his
warrant authorizing the treasurer to issue his check for the amount specified in
the draft; and before he remits to the treasurer of state any money on account
of school lands he shall notify the auditor in writing of his readiness to do so,
and of the amount, and the auditor shall file such notice, and issue his war-
rant authorizing the treasurer to draw his check upon the depositary for the
amount; but if the money for such payments be in the custody of the treas-
urer instead of a depositary, the same proceedings shall be had, except that
the warrants of the auditor shall authorize the payments otherwise than by
such checks. [85 v. 243, § 13.]
(1136-45) [Cash payment by treasurer of fees of jurors and
witnesses; of allowances for relief of indigent soldiers, etc.] The treas-
urer shall pay in cash warrants issued by the auditor for the payment of fees
of jurors and witnesses, and also warrants so issued payable from the soldiers'
relief fund, and he may retain in his hands from day to day a sufficient
amount of the receipts of his office to enable him to do so, but the balance of
money so withheld from deposit shall at no time be in excess of five thousand
dollars; and warrants issued for the purposes aforesaid shall not be in dupli-
cate; but if at any time the money so retained by the treasurer is entirely
paid out, and the current receipts of his office are insufficient to pay such war-
rants, the auditor, if so authorized by the commissioners, shall issue his war-
rant to the treasurer authorizing him to draw his check upon the depositary for
the amount specified therein, which shall not be in excess of five thousand
dollars, to pay such warrants. [85 v. 243, § 14.]
579
Tit. VIII, Ch. 5.
COUNTY TREASURER.
§ (1136-46).
(1136-46) [The auditor's monthly statement to the commission-
ers; duty of commissioners; duty of depositary, commissioners, and audi-
tor as to treasurer's checks.] On the first business day of each month the
auditor shall prepare and submit to the commissioners a sworn statement of
the finances of the county for the preceding month, which shall show the
amount of money received to the credit of each fund and account, the amount
disbursed from each, and the balance remaining to the credit of each, and also
to the balance of money in the depositary, the balance in the treasury in pur-
suance of section fourteen [§(1136-45)], and, if the money of the county be in the
custody of the treasurer instead of a depositary, the total balance thereof in the
treasury as shown by the reports filed with him; and the commissioners shall
place such statement on file, and forthwith post a duly certified copy thereof
in the auditor's office, to remain so posted at least thirty days for the inspec-
tion of the public. On the day aforesaid some officer of the bank acting as
the county depositary shall file with the county commissioners all checks of
the county treasurer paid and redeemed by the bank during the previous month;
and the commissioners shall compare such checks with the records of the
auditor's office, and if they find the same to correspond therewith they shall
give the bank a receipt for the same, and shall forthwith cancel and file such
checks in the office of the county auditor, who shall receipt to the county
treasurer for the same as is provided in section_ one thousand one hundred and
eleven of the Revised Statutes. [85 v. 243, § 15.]
(1136-47) [Liability of treasurer, how far affected hereby.] Noth-
ing in this act shall be held or considered as in any manner changing or
affecting the liability of treasurers of counties covered by its provisions,
except that they shall not be held liable for any loss of money deposited by
them in depositaries as provided for herein while such money is in the custody
of such depositaries. [85 v. 245, § 16.]
(1136-48) [As to penalty for violation of this act.] An officer
of any such county who willfully violates any provision of this act, or will-
fully neglects or refuses to perform any duty thereby imposed upon him, shall,
upon conviction thereof in the court of common pleas, be fined in any sum
not exceeding ten thousand dollars, for the use of the county, or be impris-
oned in the penitentiary not more than ten years nor less than one year, or
both, at the discretion of the court. [85 v. 243, § 17.]
(1136-49) [Statutory provisions conflicting herewith shall be su-
perseded hereby.] Any provision of the statutes of this state in force when
this act takes effect, which conflicts with any provision of this act, shall be
held to be superseded by the latter, as to the matter of inconsistency, and not
otherwise, in counties to which this act relates. [85 v. 243, § 18.]
See Chapter 1, Title 8, Part 1.
FOR STARK CO.
In each
(1136-50) [Providing a depositary in certain counties.]
county having a population of 64,031 at the census of 1880, containing a city
of the second class, third grade, it shall be the duty of the county commission-
ers to designate, in the manner hereinafter provided, a bank situated in the
county seat of the said county as a depositary of the money of the county.
[86 v. 385, § 1.]
(1136–51) [Advertisement for proposals from certain banks.] The
commissioners shall, on the taking effect of this act, and thereafter bien-
580
§ (1136-52).
COUNTY TREASURER.
Tit. VIII, Ch. 5.
nially, publish, in two newspapers published and of general circulation in the
county, for two consecutive weeks, a notice which shall invite sealed proposals
from all banks coming within the provisions of the preceding section, which
proposals shall stipulate the rate of interest, and not less than two per centum,
they will pay respectively for the use of the money of the county as provided
herein; and each proposal shall contain the names of the sureties who will be
offered upon the undertaking of the bank filing the same in case the proposal
be accepted. [86 v. 385, § 2.]
(1136-52) [Opening of proposals; award; rejection, etc.] On the
Monday next following the last insertion of such notice, at the hour of twelve
o'clock noon, the commissioners shall, in open session, open such sealed pro-
posals, and shall award the use of the money of the county to the bank that
offers the highest rate of interest therefor; and if two or more banks offer the
same highest rate of interest, the use of the money may be awarded to either
of them, or the commissioners may reject all proposals and advertise for others
in the same manner aforesaid. [86 v. 385, §*3.]
(1136-53) [Undertaking required before award binds.] No such
award shall be binding on any such county, nor shall any of the money of the
county be deposited thereunder, until the hypothecation of the bonds provided for
in section seven [§(1136–56)], and until there is executed by the bank selected,
and accepted by the commissioners, a good and sufficient undertaking, payable to
the county, and to be recovered in the name of the county commissioners for
the use of the county, in such sum as the commissioners may direct, which, in
counties containing a city of the third grade of the second class, shall not be
less than three hundred thousand dollars, and such undertakings shall each be
signed by not less than six resident freeholders as sureties, who are not stock-
holders in the bank, to the satisfaction of the commissioners, and conditioned
for the receipt, safe-keeping, and payment over, as provided herein, of all
money which may come into its custody under and by virtue of this act, and
under and by virtue of its proposal and the award of the commissioners,
together with the interest thereon at the rate specified in the proposals; and
the undertaking shall be further conditioned for the faithful performance by
the bank of all the duties imposed by this act upon the depositary of the
money of the county. [86 v. 385, § 4.1
(1136-54) [Undertaking to be passed upon by the prosecuting
attorney.] Such undertaking shall not be accepted by the commissioners until
it has been submitted to the prosecuting attorney, and certified by him to be
in due and legal form and conformable to the provisions of this act, which
certificate shall be indorsed thereon by the prosecuting attorney; and if any
bank to which an award is made as aforesaid fail to execute an undertaking as
required hereby to the acceptance of the commissioners, or fail to hypothecate
[the bonds] as provided in section seven [§(1136—56)], within three days from the
time the award is made, the commissioners may award the use of the money to
any other bank whose written proposal offers the same rate of interest therefor as
designated in the proposal of such defaulting bank, but if the written proposal
of no other bank offers the same rate of interest they may award such use to
any bank whose written proposal offers the next highest rate of interest there-
for, the undertaking and hypothecation of bonds required to be executed in
either case; or the commissioners may, in case of default as aforesaid, reject
any or all bids, and advertise for others in the manner aforesaid. [86 v. 385, 5.]
(1136-55) [When additional security may be required.] The
bank to which an award is made shall, upon the acceptance by the com-
581
ti
Tit. VIII, Ch. 5.
COUNTY TREASURER.
§ (1136-56).
missioners of the undertaking provided for herein, become the depositary of
the money of the county, and remain such until the undertaking of its succes-
sor is accepted by the commissioners; but the commissioners may, at any time
they deem the same necessary, require additional security from the bank, in
such sum as they shall designate; and if the bank refuse or neglect, for
the period of five days thereafter, to give such additional security, they may
order the removal of the county's deposits therefrom forthwith, and may
designate some other bank to be the depositary thereof temporarily, at such
rate of interest, or without interest, as they may determine. Such removal,
and all other removals under the provisions of this act, shall be made upon
the written order of the commissioners; and the county auditor shall, upon
the receipt of such order, issue his warrant, and the county treasurer his check,
for the removal. If the money, in case of such removal, be deposited in a
bank designated as a depositary temporarily, such bank shall, before the receipt
by it of any such money, enter into an undertaking or hypothecation of the
bonds as required by this act; but if no bank be so designated, the money
shall be disposed of as provided in section eight [§(1136—57)]. [86 v. 385, § 6.]
(1136-56) [Hypothecation of interest bearing bonds in lieu of under-
taking.] The commissioners of any such county may, in lieu of the under-
taking provided for by preceding sections, accept as security for money
deposited as aforesaid interest-bearing bonds of the county, or the city in
which the depositary is located, or bonds of the United States, the face value of
which shall not be less than the sum specified in section four [§(1136—53)], as
the amount to be named in the undertaking in lieu of which such bonds are ac-
cepted; or they may accept such bonds as partial security, to the extent of their
face value, for the money so deposited, and require an undertaking for the remain-
der of the full amount specified in said section to be named in the undertaking,
and in the undertaking so required such acceptance of bonds as partial secu-
rity, and the extent thereof, shall be set forth. The hypothecation of such
bonds shall be by indorsement of the fact and purpose on the back of each,
which endorsement shall stipulate that the bond shall be the property of the
county in case of any default on the part of the bank in its capacity as deposi-
tary as aforesaid, and that its negotiation or release by the commissioners shall
require the signature of each member of the board. The commissioners shall
make ample provision for the safe keeping of such hypothecated bonds; and
the interest thereon, when paid, shall be turned over to the bank so long as it
is not in default as aforesaid. [86 v. 385, § 7.]
(1136-57) [Money to remain meanwhile in county treasury.] If
at any time, for any cause, the commissioners be unable to secure a deposi-
tary as provided by preceding sections, the money of the county shall remain
in the custody of the county treasurer, if in his custody at the time, and if in
a depositary, and its removal be ordered, it shall be removed to the county
treasury, in the manner provided in section six [$(1136-55)] for the removal,
and in either case the treasurer shall be the custodian thereof until such time as a
depository is secured in accordance with the provisions of this act; and while he
remains such custodian the money shall be paid out by him on warrants of
the auditor, which in such case shall not be in duplicate; and during such
time he shall keep such books, and make to the auditor such statements of
receipts and payments, as are required in case the money of the county is in
the custody of a depositary designated by the commissioners, except that they
shall show that such money is in the custody of the treasurer instead of such
depositary. 186 v. 385, § 8.]
582
§ (1146–58).
COUNTY TREASURER.
Tit. VIII, Ch. 5.
(1136-58) [Treasury to deposit funds in depositary daily; how
moneys paid out by treasurer; when commissioners may apportion
taxes collected in advance of distribution; statements by depositary.]
The treasurer shall, upon the receipt of a written notice from the commis-
sioners stating that a depositary has been selected in pursuance of the provis-
ions of this act, and naming the bank selected as such depositary, deposit, to
the credit of the county, all money in his possession, except as provided in
section fourteen [§(1136—63)], in the bank constituted the depositary as afore-
said, and thereafter he shall, before noon of each business day, deposit in such
depositary all money received by him the preceding business day, except as
provided in section fourteen [$(1136-63)], and the commission may designate
the hour of closing a business day, making a record thereof, and the treasurer
shall observe the same, and such money shall be payable only on the check
of the treasurer, which check shall not be valid or payable unless it have
partly printed and partly written, on the same paper therewith, a duplicate
of the warrant of the county auditor authorizing the payment of the sum
for which the check is drawn. All warrants issued by the auditor upon
the treasurer for the payment of money (except as provided in section
fourteen [§(1136—63)], and also when the money of the county is in the
custody of the treasurer), shall be drawn and signed in duplicate, one of
which shall have printed upon its face the word "original," which shall
be filed and kept by the treasurer in his office, and the other of which
shall have printed upon its face the word "duplicate," and shall be and
remain unsevered from the check of the treasurer. `The auditor shall issue
no warrant payable from any fund unless there is money belonging thereto
for the payment thereof in full, notwithstanding the provisions of section
eleven hundred and eight of the Revised Statutes; but when any fund is
exhausted, and the commissioners are satisfied that, of the undivided money
on hand received on account of taxes, the portion thereof that will belong to
such fund upon the next semi-annual distribution of such money is in amount
such that a part of it may judiciously be assigned to such exhausted fund in
advance of such distribution, they may make an order, and the same shall be
made a matter of record in the proceedings of the board of commissioners,
directing such assignment, and the auditor shall notify the treasurer thereof
in writing. All money deposited with the depositary shall bear interest at the
rate specified in the proposal on which the award to it was made, to be com-
puted on daily balances, and such interest shall be placed to the credit of the
county on the first day of March and the first day of September each year,
or at any time when the account may be closed. The depositary shall notify
the auditor, in writing, before noon of each business day, or the amount of the
deposits made by the treasurer for the preceding business day, and when the
interest is credited to the county the depositary shall notify the auditor and
treasurer, in writing, of the amount thereof, before noon of the next business
day, and all such interest shall be credited to the general fund of the county.
[86 v. 385, § 9.]
(1136-59) [Daily statement by treasurer.] Each business day
the treasurer shall make to the auditor a sworn statement, showing for the
preceding business day the total amount of money received by him, the total
amount deposited in the depositary, the total amount paid by check on the
depositary, the total amount paid out in cash, the balance in the depositary,
and the balance in the treasury; and he shall keep such accounts, in books to
be provided for that purpose, as shall enable him to make such statements.
All money paid to the treasurer, except for taxes and except also money
583
Tit. VIII, Ch. 5.
COUNTY TREASURER.
(1136-60).
received from the state treasury, shall be upon the order of the auditor, and
the treasurer shall give receipts therefor, each of which shall be made and
signed in duplicate, one of which shall have printed across its face the word
"original," and the other the word "duplicate," and each duplicate shall be
filed with the auditor on the day of its date; and each such receipt shall show
the amount received, from whom received, and on what account, and shall
state the fund to which the money is to be applied; provided, that in case of
money received by the treasurer from the state treasury the triplicate warrant
required by section ten hundred and eighty-five of the Revised Statutes to
be transmitted to the auditor by the auditor of state shall take the place of
the duplicate receipt above provided for, and the treasurer shall not give
receipts for taxes in duplicate, but in lieu thereof shall, at the close of each
business day, file with the auditor a statement of the amount of money
received by him for taxes and penalties during the day. [86 v. 385, § 10.]
(1136-60) [Accounts, etc., of auditor.] The auditor shall keep in
his office books in which shall be entered the daily receipts of the treasurer's
office, as shown by the duplicate receipts returned to him by the treasurer,
and by the statements of money received for taxes and the triplicate warrants
mentioned in the preceding section, the amount of the deposits made by the
treasurer each day in the depositary, as shown by the daily statements of the
depositary to the auditor, and the amount remaining in the treasurer's hands
in pursuance of section fourteen [§(1136—63)], or when the treasurer is custodian
of all the money, as shown by the treasurer's daily statements received by him ;
and in such books the money received by the treasurer from taxes of all kinds
shall be shown in an account entitled the "undivided tax account," and all
other receipts by him shall be shown in accounts indicating the respective funds
to which the money belongs. He shall enter in such books also the amount of
warrants issued by him each day to the treasurer; and the accounts in such
books shall be so kept as to show the balance of each fund, the balance of
undivided money received for taxes, and the balance of the money received
from the state treasury, and on account of school lands, each day, in his hands
and in the hands of the depositary respectively. [86 v. 385, § 11.]
(1136-61) [Daily statements of treasurer to be filed.] Upon the
receipt each day by the auditor of the sworn statement provided for in section
ten [$(1136-59)], he shall certify thereon to its correctness, if, upon compari-
son with his books, it be found to be correct, and shall file such statement in
his office; but if any such statement be found by the auditor at any time to
be incorrect he shall forthwith give notice thereof to the treasurer, and unless
the discrepancy be immediately discovered and corrected, he shall notify the
commissioners thereof without delay. [86 v. 385, § 12.]
(1136-62) [How moneys paid; same to state.] Except as provided
in sections eight and fourteen [SS(1136-57), (-63)], the treasurer shall not pay
out any money otherwise than by check on the depositary, as provided in sec-
tion nine [§(1136-58)]. But before he issues a check in payment of any draft
made upon him by the auditor of state in favor of the treasurer of state, for taxes
collected, he shall exhibit such draft to the county auditor, and file with him a
certified copy thereof, and the auditor shall thereupon immediately issue his
warrant authorizing the treasurer to issue his check for the amount specified in
the draft; and the same shall be paid on presentation, and before he remits to
the treasurer of state any money on account of school lands he shall notify
the auditor in writing of his readiness to do so, and of the amount, and the
auditor shall file such notice, and issue his warrant authorizing the treasurer
584
§ (1136-63).
COUNTY TREASURER.
Tit. VIII, Ch. 5.
to draw his check upon the depositary for the amount; but if the money for
such payments be in the custody of the treasurer instead of a depositary, the
same proceeding shall be had, except that the warrants of the auditor shall
authorize the payments otherwise than by such checks. [86 v. 385, § 13.]
(1136-63) [Witness and jury and other fees.] The treasurer shall
pay in cash warrants issued by the auditor for the payment of fees of jurors
and witnesses, and also warrants so issued payable from the soldiers' relief
fund, and he may retain in his hands from day to day a sufficient amount of
receipts of his office to enable him to do so, but the balance of money so
withheld from deposit shall at no time be in excess of five thousand dollars;
and warrants issued for the purposes aforesaid shall not be in duplicate; but
if at any time the money so retained by the treasurer is entirely paid out,
and the current receipts of his office are insufficient to pay such warrants, the
auditor, if so authorized by the commissioners, shall issue his warrant to the
treasurer authorizing him to draw his check upon the depositary for the
amount specified therein, which shall not be in excess of five thousand dol-
lars, to pay such warrants. [86 v. 385, § 14.]
(1136-64) [Monthly statements to be made by auditor.] On the first
business day of each month the auditor shall prepare and submit to the com-
missioners a sworn statement of the finances of the county for the preceding
month, which shall show the amount of money received to the credit of each
fund and account, the amount disbursed from each, and the balance remaining
to the credit of each, and also to the balance of money in the depositary, the
balance in the treasury in pursuance of section fourteen [§(1136—63)], and, if the
money of the county be in the custody of the treasurer instead of a depositary,
the total balance thereof in the treasury, as shown by the reports filed with him,
and the commissioner shall place such statement on file, and forthwith post a
duly certified copy thereof in the auditor's office, to remain so posted at least
thirty days for the inspection of the public. On the day aforesaid some officer
of the bank acting as the county depository shall file with the county commis-
sioners all checks of the county paid and redeemed by the bank during the
previous month; and the commissioners shall compare such checks with the
records of the auditor's office, and if they find the same to correspond there-
with they shall give the bank a receipt for the same, and shall forthwith can-
cel and file such checks in the office of the county auditor, who shall receipt
to the county treasurer for the same, as is provided in section one thousand
one hundred and eleven of the Revised Statutes. [86 v. 385, § 15.]
(1136-65) [Liability of treasurer remains.] Nothing in this act
shall be held or considered as in any manner changing or affecting the liabil-
ties of treasurers of counties covered by its provisions, except that they shall
not be held liable for any loss of money deposited by them in depositaries as
provided for herein while such money is in the custody of such depositary.
[86 v. 385, § 16.]
(1136-66) [Penalty for willful violation of this act.] An officer of
any such county who willfully violates any provisions of this act, or willfully
neglects or refuses to perform any duty thereby imposed upon him, shall, upon
conviction thereof in the court of common pleas, be fined in any sum not ex-
ceeding ten thousand dollars, for the use of the county, or be imprisoned in
the penitentiary not more than ten years nor less than one year, or both, at
the discretion of the court. [86 v. 385, § 17.]
(1136-67) [Certain statutes shall be superseded.]
Any provision
of the statutes of this state in force when this act takes effect, which conflicts
585
Tit. VIII, Ch. 5.
COUNTY TREASURER.
§ (1136-68).
with any provisions of this act, shall be held to be superseded by the latter, as
to the matter of inconsistency, and not otherwise in counties to which this act
relates. [86 v. 385, § 18.]
FOR SENECA CO.
(1136-68) [Depositary for Seneca Co.] In each county of this state,
having at the federal census of 1880, or that by any subsequent federal census
may have a population of not less than 36,945, nor more than 36,949, it shall
be the duty of the county commissioners to designate, in the manner herein-
after provided, a bank situated at the county seat, and duly incorporated under
the laws of this state or of the United States, as a depositary of the money of
the county, and all moneys paid over to the depositary by the county treas-
urer as such treasurer shall be deemed and held to be the money of the
county until the same is distributed and actually paid out according to law.
[88 v. 216, § 1.]
(1136-69) [Proposals to be asked for.] The county commissioners
shall, on the taking effect of this act, and thereafter biennially, publish, in
one newspaper published and of general circulation in the county, for two
consecutive weeks, a notice which, stating the amount of the undertaking to
be required, shall invite sealed proposals from all banks coming within the
provisions of the preceding section naming the amount of the undertaking to
be required, which proposals shall stipulate the rate of interest and not less
than two per centum, that will be paid for the use of the money of the county,
as provided herein; and each proposal shall contain the names of the sureties
who will be offered upon the undertaking of the bank, filing the same in case
the proposal be accepted, and such proposals shall be filed with the auditor by
the time fixed for opening the same in the next section, and shall not be with-
drawn or altered. [88 v. 216, § 2.]
(1136-70) [Award.] On the Monday next following the last insertion
of such notice, at the hour of twelve o'clock noon, the commissioners shall,
in open session, open such sealed proposals, and shall award the use of the
money of the county to the bank that offers the highest rate of interest there-
for; and if two or more banks offer the same highest rate of interest, the use
of the money may be awarded to either of them, or the commissioners may
reject all proposals and advertise for others in the same manner aforesaid. [88
v. 216, § 3.]
(1136-71) [Bond.] No such award shall be binding on any such
county, nor shall any of the money of the county as herein defined be de-
posited thereunder, until the hypothecation of the bonds provided for in sec-
tion seven [§(1136-74)], or until there is executed by the bank selected, and
accepted by the commissioners, a good and sufficient undertaking, payable to the
county, and to be recovered in the name of the board of county commissioners
for the use of the county, in such sum as the commissioners may direct, which,
in counties within the provisions of this act, shall not be less than two hundred
thousand dollars, and such undertaking shall be signed by not less than ten
resident freeholders as sureties, not more than six of whom shall be stock-
holders in the bank, to the satisfaction of the commissioners, and conditioned
for the receipt, safekeeping and payment over, as provided herein, of all money
which may come into its custody under and by virtue of this act, and under
and by the award of the commissioners, together with the interest thereon, at
the rate specified in the proposals; and the undertaking shall be further con-
ditioned for the faithful performance by the bank of all the duties imposed by
this act upon the depositary of the money of the county, and the sureties on
such undertaking shall be liable for any default or breach thereof, even though
such bank has not power to bind itself thereby. [88 v. 216, § 4.]
586
§ (1136-72).
:
COUNTY TREASURER.
Tit. VIII, Ch. 5.
(1136-72) [Bond must be approved.] Such undertaking shall not
be accepted by the commissioners until it has been submitted to the prosecu-
ting attorney, and certified by him to be in due and legal form and conform-
able to the provisions of this act, which certificate shall be indorsed thereon
by the prosecuting attorney, and if any bank to which an award is made as
aforesaid fail to execute an undertaking as required hereby to the acceptance
of the commissioners, or fail to hypothecate the bonds as provided in section
seven [S(1136-74)], within five days from the time the award is made, shall
forfeit $500.00, to be recovered in a civil action in the name of the commission-
ers, for the use of the county. The commissioners may award the use of the
money to any other bank whose written proposal offers the same rate of interest
therefor as designated in the proposal of such defaulting bank, the undertaking
or hypothecation of bonds required to be executed in either case; or the com-
missioners may, in case of default as aforesaid, reject any or all bids, and adver-
tise for others in the manner aforesaid, and all undertakings shall be entered
at large in the commissioners' record, and also all their proceedings under this
act. [88 v. 216, § 5.]
(1136-73) [When bank becomes depositary.] The bank to which an
award is made shall, upon the acceptance by the commissioners of the undertak-
ing provided for herein, become the depositary of the money of the county, as
defined in section one [§(1136-68)] of this act, and remain such until the un-
dertaking of its successor is accepted by the commissioners, and the funds in its
possession duly paid over as herein provided; but the commissioners may, at
any time they deem the same necessary, require additional security from the
bank, in such sum as they shall designate; and if the bank refuses or neglects,
for the period of five days thereafter, to give such additional security, they
may order the removal of the county's deposits therefrom forthwith. Such
removal, and all other removals under the provisions of this act, shall be made
upon the written order of the commissioners; and the county auditor shall,
upon the receipt of such order, issue his warrant, and the county treasurer his
check for the removal, and the money shall be disposed of as provided in sec-
tion eight [§(1136-75)]. [88 v. 216, § 6.]
(1136–74) [Interest-bearing bonds as security.] The commissioners
of any such county may, in lieu of the undertaking provided for by preceding
sections, accept as security for money deposits as aforesaid interest-bearing
bonds of the county, or the city in which the depositary is located, or bonds of
the United States, the face value of which shall not be less than the sum
specified in section four [§(1136—71)], as the amount to be named in the under-
taking in lieu of which such bonds are accepted; or they may accept such bonds
as partial security, to the extent of their face value, for the money so deposited,
and require an undertaking for the remainder of the full amount specified in said
section to be named in the undertaking, and in the undertaking so required such
acceptance of bonds as partial security, and the extent thereof, shall be set
forth. The hypothecation of such bonds shall be by indorsement of the fact
and purpose on the back of each, which indorsement shall stipulate that the
bond shall be the property of the county in case of any default on the part of
the bank in its capacity as depositary as aforesaid, to the extent of such
default, and that its negotiation or release by the commisioners shall require
the signature of each member of the board. The commissioners shall make
ample provisions for the safe-keeping of such hypothecated bonds; and the in-
terest thereon, when paid, shall be turned over to the bank so long as it is not
in default as aforesaid. [88 v. 216, § 7.]
(1136-75) [Treasurer to continue as custodian if depositary not
secured.] If at any time, for any cause, the commissioners be unable to
secure a depositary as provided by preceding sections, the money of the county
shall remain in the custody of the county treasurer, if in his custody at the
587
Tit. VIII, Ch. 5.
COUNTY TREASURER.
§ (1136-76).
time, and if in a depositary, and its removal be ordered, it shall be removed to
the county treasury, in the manner provided in section six [S(1136—73)], for
the removals, and in either case the treasurer shall be the custodian thereof until
such time as a depositary is secured in accordance with the provisions of this
act; and while he remains such custodian the money shall be paid out by him
on warrants of the auditor, which in such case shall not be in duplicate; and
during such time he shall keep such books, and make to the auditor such state-
ments of receipts and payments, as are required in case the money of the county
is in the custody of a depositary designated by the commissioners, except that
they shall show that such money is in the custody of the treasurer instead of
such depositary. [88 v. 216, § 8.]
(1136-76) [When money shall be placed with depositary, etc.]
The treasurer shall upon the receipt of a written notice from the commis-
sioners stating that a depositary has been selected in pursuance of the provi-
sions of this act, and naming the bank selected as such depositary, deposit, to
the credit of the county, all money in his possession as county treasurer, ex-
cept as provided in section fourteen [S(1136-81)], in the bank constituted
the depositary as aforesaid, and thereafter he shall, before noon of each busi-
ness day, deposit in such depositary all money received by him the preceding
business day, except as provided in section fourteen [§(1136-81)] hereof,
and such money so deposited shall be payable only on the check of the
treasurer, which check shall not be valid or payable unless it have partly
printed and partly written, on the same paper therewith, a duplicate of the
warrant of the county auditor authorizing the payment of the sum for
which the check is drawn, and such checks shall be indorsed by the per-
son named therein as payee. All warrants issued by the auditor upon the
treasurer for the payment of money (except as provided in section fourteen
[§(1136—81)], and also when the money of the county is in the custody of
the treasurer), shall be drawn and signed in duplicate, one of which shall have
printed upon its face the word "original" which shall be filed and kept by the
treasurer in his office, and the other of which shall have printed upon its face
the word "duplicate," and shall be and remain unsevered from the check of.
the treasurer. The auditor shall issue no warrant payable from any fund un-
less there is money belonging thereto for the payment thereof in full, notwith-
standing the provisions of section eleven hundred and eight of the Revised
Statutes; but when any fund is exhausted, and the commissioners are satisfied
that, of the undivided money on hand received on account of taxes, the portion
thereof that will belong to such fund upon the next semi-annual distribution
of such money is in amount such that a part of it may judiciously be assigned
to such exhausted fund in advance of such distribution, they may make an
order and the same shall be made, a matter of record in the proceedings of the
board of commissioners, directing such assignment, and the commissioners
may cause other transfers to be made as provided by law, and the auditor shall
notify the treasurer of such assignment or transfer in writing. All money
deposited with the depositary shall bear interest at the rate specified in the
proposal on which the award to it was made, to be computed on daily bal-
ances, and such interest shall be placed to the credit of the county on the first
business day of March and the first business day of September each year, or at
any time when the account may be closed. The depositary shall notify the
auditor, in writing, before noon of each business day, of the amount of deposits
made by the treasurer, for the preceding business day, and when the interest
is credited to the county the depositary shall notify the auditor and treasurer,
in writing, of the amount thereof, before noon of the next business day, and all
such interest shall be credited to the general fund of the county. [88 v. 216, § 9.]
(1136–77) [Semi-monthly statements to be made.] The treasurer shall
make to the auditor a sworn statement on the second and fourth Saturday of
588
$ (1136-78).
COUNTY TREASURER.
Tit. VIII, Ch. 5.
each month, showing the total amount of money received by him, the total
amount deposited in the depositary, the total amount paid by check on the
depositary, the total amount paid out in cash, the balance in the depositary,
and the balance in the treasury; and he shall keep such accounts, in books
to be provided for that purpose, as shall enable him to make such statements.
All money paid to the county treasurer, except for taxes and except also money
received from the state treasury shall be upon the order of the auditor, and the
treasurer shall give receipts therefor, each of which shall be made and signed
in duplicate, one of which shall have printed across its face the word "origi-
nal," and the other the word "duplicate," and each duplicate shall be filed
with the auditor on the day of its date; and each such receipt shall show the
amount received, from whom received, and on what account, and shall state
the fund to which the money is to be applied; provided, that in case of
money received by the treasurer from the state treasury, the triplicate warrant
required by section ten hundred and eighty-five of the Revised Statutes to be
transmitted to the auditor by the auditor of state shall take the place of the
duplicate receipt above provided for, and the treasurer shall not give receipts
for taxes in duplicate, but in lieu thereof shall, at the close of each business
day file with the auditor a statement of the amount of money received by him
for taxes and penalties during the day. [88 v. 216, § 10.]
(1136-78) [Books to be kept by auditor.] The auditor shall keep in his
office books in which shall be entered the daily receipts of the treasurer's office,
as shown by the duplicate receipts returned to him by the treasurer, and by
the statements of money received for taxes and the triplicate warrants
mentioned in the preceding section, the amount of the deposits made by the
treasurer each day in the depositary, as shown by the daily statements of the
depositary to the auditor, and the amounts remaining in the treasurer's hands
in pursuance of section fourteen [§(1136-81)], or when the treasurer is custodian
of all the money, as shown by the treasurer's daily statements received by him;
and in such books the money received by the treasurer from taxes of all kinds
shall be shown in an account entitled the "undivided tax account," and all other
receipts by him shall be shown in accounts indicating the respective funds to
which the money belongs. He shall enter in such books also the amount of
warrants issued by him each day to the treasurer; and the accounts in such
books shall be so kept as to show the balance of each fund, the balance of
undivided money received for taxes, and the balance of the money received
from the state treasury, and on account of school lands, each day, in his hands
and in the hands of the depositary respectively. [88 v. 216, § 11.]
(1136-79) [Daily comparison of accounts.] Upon the receipt each day
by the auditor of the sworn statement provided for in section ten [§(1136—77)],
he shall certify thereon to its correctness, if, upon comparison, with his
books, it be found to be correct, and shall file such statement in his office;
but if any such statement be found by the auditor at any time to be incorrect
he shall forthwith give notice thereof to the treasurer, and unless the discrep-
ancy be immediately discovered and corrected, he shall notify the commis-
sioners thereof without delay. [88 v. 216, § 12.]
(1136-80) [Payments must be made with checks, etc.] Except as
provided in sections eight and fourteen [§§(1136—75), (—81)], the treasurer
shall not pay out any money otherwise than by check on the depositary,
as provided in section nine [$(1136—77)]. But before he issues a check in
payment of any draft made upon him by the auditor of state in favor of
the treasurer of state, he shall exhibit such draft to the county auditor,
and file with him a certified copy thereof, and the auditor shall there-
upon issue his warrant authorizing the treasurer to issue his check for the
amount specified in the draft; and before he remits to the treasurer of
state any money on account of school lands he shall notify the auditor in
writing of his readiness to do so, and of the amount, and the auditor shall
.589
Tit. VIII, Ch. 5.
COUNTY TREASURER.
§ (1136—81).
file such notice, and issue his warrant authorizing the treasurer to draw his
check upon the depositary for the amount; but if the money for such payment
be in the custody of the treasurer instead of a depositary, the same proceed-
ings shall be had, except that the warrants of the auditor shall authorize the
payments otherwise than by such checks. [88 v. 216, § 13.]
(1136-81) [Balance of cash which may be retained.] The treasurer
shall pay in cash warrants issued by the auditor for the payment of fees of
jurors and witnesses, and also warrants so issued payable from the soldiers'
relief fund, and he may retain in his hands from day to day a sufficient
amount of the receipts of his office to enable him to do so, but the balance of
money so withheld from deposit shall at no time be in excess of five thousand
dollars; and warrants issued for the purposes aforesaid shall not be in dupli-
cate; but if at any time the money so retained by the treasurer is entirely
paid out, and the current receipts of his office are insufficient to pay such
warrants, the auditor, if so authorized by the commissioners, shall issue his
warrant to the treasurer authorizing him to draw his check upon the deposi-
tary for the amount specified therein, which shall not be in excess of five thou-
sand dollars, to pay such warrants. [88 v. 216, § 14.]
(1136-82) [Monthly statements to be made.] On the first business
day of each month the auditor shall prepare and submit to the commissioners
a sworn statement of the finances of the county for the preceding month,
which shall show the amount of money received to the credit of each fund and
account, the amount disbursed from each, and the balance remaining to the
credit of each, and also to the balance of money in the depositary, the balance in
the treasury in pursuance of section fourteen [§(1136-81)]; and, if the money
of the county be in the custody of the treasurer instead of a depositary the total
balance thereof in the treasury, as shown by the reports filed with him, and
the commissioners shall place such statement on file, and forthwith post a duly
certified copy thereof in the auditor's office, to remain so posted at least thirty
days for the inspection of the public. On the day aforesaid, some officer of the
bank acting as the county depositary, shall file with the county commissioners
all checks of the county paid and redeemed by the bank during the previous
month; and the commissioners shall compare such checks with the records of
the auditor's office, and if they find the same to correspond therewith, they
shall give the bank a receipt for the same, and shall forthwith cancel and file
such checks in the office of the county auditor, who shall receipt to the county
treasurer for the same, as is provided in section one thousand one hundred
and eleven of the Revised Statutes. [88 v. 216, § 15.]
(1136-83) [Liability of treasurer.] Nothing in this act shall be
held or considered as in any manner changing or affecting the liability of
treasurers of counties or his sureties covered by its provisions, except that
they shall not be held liable for any loss of money deposited by them in
depositaries as provided for herein while such money is in the custody of such
depositaries. [S8 v. 216, § 16.]
(1136-84) [Penalties.] An officer of any such county who willfully
violates any provisions of this act, or willfully neglects or refuses to perform
any duty thereby imposed upon him, shall, upon conviction thereof in the
court of common pleas, be fined in any sum not exceeding one thousand dol-
lars, or be imprisoned in the jail of the county not less than three months nor
more than one year or both at the discretion of the court. [88 v. 216, § 17.]
590
SS 1137-1140.
COUNTY RECORDER.
Tit. VIII, Ch. 6.
CHAPTER 6.
COUNTY RECORDER.
Election and term.
SECTION
1137.
1138.
Bond; oath.
1139. His office.
1140. Seal of office.
1141. Appointment of deputy.
1141a. Recorder in certain counties may appoint deputies.
1142. Vacancy: how filled.
1143. Different record books to be kept, and order of
1144.
recording.
Indorsements shall be made on instruments.
1145. How record shall be made, and minute thereon
of the time of presentation.
1146. Liability to suit on his bond for certain acts
and omissions.
1147. Shall furnish certified copies of record.
1148. Shall deliver to successor books, seal, etc.
1149. When copy of record in one county may be re-
corded in another county.
SECTION
1152. When recorder may transcribe record in other
counties, and the effect thereof.
1153. Alphabetical indexes, and how made.
1153a. Daily register of deeds and mortgages.
11536. Indexing in Cuyahoga county.
1153c. Recorder to keep them up; fees.
1153d. Compensation for making them; contract.
1154. And general indexes of subdivisions when re-
quired.
1155. County recorder to keep up general indexes.
1156. When defaced records shall be trauscribed.
1157. Fees.
1157a. Repealed.
1158. Compensation for transcribing ordered by
commissioners.
1159. Absolute deed not to be recorded till indorsed
by the auditor.
1160.
1150. Other cases in which such copy, may be re-
corded.
When lease or deed of university lands not to
be recorded.
1161.
Recording soldier's discharge.
1151. Effect of the record of such copies.
1162.
Not to take acknowledgment of certain instru-
ments.
Release of lien ordered by probate court in sale of land to pay debts, see 26145.
SEC. 1137. [Election and term.] There shall be elected triennially,
in each county, a county recorder, whose term of office shall be three years,
beginning on the first Monday of September next after his election. [91 v. 80;
61 v. 28, §1; 54 v. 9, §1; S. & S. 654; S. & C. 1279; (S. & C. 1273).]
See ?? 18, 1020, 1164, 1268.
Under the original section the term expired on the day preceding the first Monday of January, the in-
terim caused a vacancy which the county commissioners could fill: State v. Thompson, 9 C. C. 161; 20.
D. 224.
An election of a recorder is illegal and void if made before a vacancy has occurred, unless the filling of
the office by election, in anticipation of the vacancy, is provided for by statute: State v. Constable, 7 O.
(1 pt.) 7.
SEC. 1138. [Bond; oath.] Before entering upon his duties he shall give
bond to the state in the sum of two thousand dollars, with sureties to be
approved by the county commissioners, conditioned for the faithful discharge
of his duties, which bond, with his oath of office and the approval of the com-
missioners indorsed thereon, shall be forthwith deposited with the county
treasurer. [51 v. 301, §2; S. & C. 191.]
The commissioners are impliedly required to act with reasonable promptness in passing upon the suf-
ficiency of the sureties to the official bond of a county recorder; and the fact that the defeated candidate is
proceeding in good faith to contest the election, constitutes no valid excuse for delay: State v. Commissioners
of Belmont Co., 31 O. S. 451.
SEC. 1139. [Where his office shall be kept.] His office shall be kept
in such room or rooms at the county seat as the commissioners provide. [51 v.
301, § 2; S. & C. 191.]
Leaving a paper with the recorder at some other place is not presenting it for record: Kalb v. Wise, 5
N. P. 5.
Cited in Deters v. Hamilton Co., 1 C. C. 295.
SEC. 1140. [Official seal.] He shall keep a seal of office, to be procured
at the expense of the county, which he shall affix to all his certificates to copies
of records. [29 v. 344, § 6; S. & C. 1274.]
、
591
Tit. VIII, Ch. 6.
COUNTY RECORDER.
SS 1141-1145.
SEC. 1141. [Recorder may appoint deputy approved by the court;
oath.] The recorder may appoint a deputy approved by the court of common
pleas, and such appointment shall be in writing and filed with the clerk of said
court; but the recorder shall be responsible for his deputy's neglect of duty or
misconduct in office; and before entering upon the discharge of his duties, the
deputy shall take an oath of office. [66 v. 35, § 3; 29 v. 410, §§ 4, 5; S. & C. 500.]
As to powers of deputies, see Hulse v. State, 35 O. S. 421, under 2 5188.
SEC. 1141a. [Recorder in certain counties may appoint deputies.]
The recorder in counties containing cities of the first grade, second class, may
appoint one or more deputies, approved by the court of common pleas, and
such appointments shall be in writing and filed with the clerk of said court;
but the recorder shall be responsible for his deputy's neglect of duty or mis-
conduct in office; and before entering upon the discharge of their duties, the
deputies shall take an oath of office. [1889, March 27: 86 v. 140.]
SEC. 1142. [Vacancy: how filled.] In case of vacancy in the office of
recorder the commissioners shall appoint a suitable person to fill the vacancy,
who shall give bond and take the oath of office, as prescribed for county
recorders, and shall hold his office until his successor is elected and qualified.
[61 v. 28, §3; S. & S. 654; (S. & C. 1273).]
An appointment can be made only when the vacancy actually occurs, and not in anticipation thereof :
State v. Thompson, 9 C. C. 161; 2 O. D. 224.
SEC. 1143. [Record books to be kept; deeds; mortgages; plats;
leases.] The recorder shall keep four separate sets of records, namely: First,
record of deeds, in which shall be recorded all deeds, powers of attorney, and
other instruments of writing for the absolute and unconditional sale or convey-
ance of lands, tenements, or hereditaments; second, record of mortgages, in
which shall be recorded all mortgages, powers of attorney, or other instruments
of writing by which lands, tenements, or hereditaments are or may be mort-
gaged, or otherwise conditionally sold, conveyed, affected, or incumbered in
law; third, record of plats, in which shall be recorded all plats and maps of
town lots, and of the subdivisions thereof, and of other divisions or surveys of
lands; and fourth, record of leases, in which shall be recorded all leases and
powers of attorney for the execution of leases; and all instruments entitled to
record shall be recorded in the proper record in the order in which they are
presented for record. [61 v. 55, § 4; 62 v. 170, § 1; 48 v. 64, § 3; S. & S. 655;
S. & C. 1278; (S. & C. 1274; S. & C. 473).]
Record of powers of attorney for transfer of personalty, see ? (4132—1).
If an instrument be not such as the law authorizes to be recorded, the act of recording is a nullity:
Ramsey v. Riley, 13 0. 157, 166.
Cited in Edwards v. McClurg, 39 O. S. 53.
SEC. 1144. [His indorsement on, and receipt for, deed, etc.] Upon
the presentation of a deed or other instrument of writing for record the recorder
shall indorse thereon the date and the precise time of day of its presentation,
and also a file number (file numbering to be consecutive and in the exact order
in which each instrument of writing is received for record, except chattel
mortgages which shall have a separate series of file numbers, and be filed sep-
arately, as already provided by law), and until recorded such instruments shall
be kept on file in this same numerical order for easy reference, and, if required,
shall give to the person presenting the same a receipt therefor, without fee or
reward, naming in such receipt the parties to such deed or other instrument,
the date thereof, and giving a brief description of the premises; and when such
deed or other instrument is recorded, the recorder shall indorse thereon the
time when recorded, and the number or letter and page or pages of the book
in which the same is recorded. [92 v. 267; 29 v. 344, §5; S. & C. 1274.]
This endorsement of a date is presumptive but not conclusive evidence of the time: Kalb v. Wise, 5 N. P
SEC. 1145. [How record shall be made.] The recorder shall record in
a fair and legible handwriting, in the proper record, all such deeds, mortgages,
or other instruments of writing required by law to be recorded, and which are
592
SS 1146-1149.
COUNTY RECORDER.
Tit. VIII, Ch. 6.
presented to him for that purpose, and they shall be recorded in regular succes-
sion according to the priority of presentation, as aforesaid, entering the file
number at the beginning of such record, and at the foot of the record of each
instrument he shall record the date and precise time of day when the same was
presented for record. [92 v. 267; 61 v. 55, § 4; S. & S. 655.]
The date entered by the recorder is not conclusive but may be contradicted; Kalb v. Wise, 5 N. P. 5.
SEC. 1146. [For what he may be sued on his bond.] If a recorder
refuses to receive a deed or other instrument of writing presented to him for
record (the legal fee for recording the same being paid or tendered); or refuses
to give a receipt therefor, when required; or fails to number consecutively all
deeds or other instruments of writing upon receipt thereof, or fails to index a
deed or other instrument of writing, by the morning of the day next after the
same is filed for record; or, neglects, without good excuse, to record a deed or
other instrument of writing within twenty days after the same is received for
record; or demands and receives a greater fee for his services than is allowed
by law; or knowingly indorses on a deed or other instrument of writing a
different date from that on which it was presented for record, or a different
date from that on which it was recorded; or refuses to make out and certify a
copy of any record in his office, when demanded, (his legal fee therefor being
paid or tendered); or purposely destroys, defaces, or injures any book, record,
or seal belonging to his office, or any deed or other instrument of writing de-
posited therein for record; or negligently suffers the same to be destroyed,
defaced, or injured; or does or omits any other act contrary to the provisions
of this chapter, he shall be liable to a suit on his bond, at the instance and for
the use of the party injured by such improper conduct. [92 v. 267; 29 v. 344,
§ 8; 48 v. 64, § 4; S. & C. 1274; S. & C. 1278.]
SEC. 1147. [Shall furnish certified copy of record.] The recorder
shall furnish to any person demanding the same, and tendering the fees there-
for, a fair and accurate copy of any record in his office and certify the same,
affixing his official seal thereto. [29 v. 344, § 6; S. & C. 1274.]
SEC. 1148. [Shall deliver seal, books, etc., to his successor.] Each
recorder, on going out of office, shall deliver to his successor the seal of office,
all the books, records, and other instruments of writing belonging to the office,
and shall take his successor's receipt therefor; and in case of the death of the
recorder, his personal representatives shall deliver over the seal, books, records,
and papers, as aforesaid. [29 v. 344, § 7; S. & C. 1274.]
SEC. 1149. [When copy of record in one county may be recorded in
another county.] When a deed, mortgage, power of attorney, or other instru-
ment of writing, for the sale, conveyance, or incumbrance of lands, tenements, or
hereditaments, situate in two or more counties in the state, has been or shall be
duly recorded in any one of said counties, or when a new county has been, or may
be, erected and organized, and such lands, tenements, or hereditaments are sit-
uate within such newly organized county, and the deed, mortgage, power of attor-
ney, or other instrument of writing, for the sale, conveyance, or incumbrance
thereof, has been duly recorded in the county from which such newly organ-
ized county was taken; and when by change of county lines lands are trans-
ferred from one county to another, and any such instrument has been duly
recorded in the county from which such lands were transferred; any person
interested therein, may procure from the recorder of such county a duly
certified copy of such record, with his seal of office affixed thereto, and cause
the same to be recorded in any other county where the said lands, tenements,
or hereditaments are, in the same manner as the original instrument is required
to be recorded; and in making such record, the certificate, aforesaid, shall be
recorded along with such copy, and the record of such copy and certificate shall
have the same validity and legal effect as the record of the original instrument.
[35 v. 10, § 1; S. & C. 1276.]
593
Tit. VIII, Ch. 6.
COUNTY RECORDER.
SS 1150-1153.
SEC. 1150. [Also copy of record in other cases.] When a deed or
other instrument of writing for the sale, conveyance, or incumbrance of any
lands, tenements, or hereditaments, situate within this state, which has been
recorded among the records of deeds, etc., of any county of this state, other
than the county in which such lands, tenements, or hereditaments are situate,
whether the county in which said deed or other instrument of writing is
recorded ever comprised a part of the territory in which said lands, tenements,
and hereditaments are situate, or not, any person interested therein may pro-
cure from the records of the county in which said deed or other instrument is
recorded, a duly certified copy of such record from the recorder of said county,
with his seal of office affixed thereto, and cause the same to be recorded in the
county where said lands, tenements, and hereditaments lie, in the same man-
ner as other deeds and instruments are required to be recorded; and in making
such record, the certificate aforesaid shall be recorded with said copy, and the
record of such copy and certificate shall have the same validity and legal effect
as the record of other deeds and instruments of writing. [42 v. 77, § 1;
S. & C. 1277.]
SEC. 1151. [Certified copies of the records in the next two preceding
sections shall have the same force as copies of original records.] After
such copies have been recorded, as provided in the next two preceding sections,
in the county in which such lands, tenements, or hereditaments lie, a copy of
such record duly certified by the recorder of the county in which the premises
are situate, shall be received in evidence, in the same manner, and shall have
the same force and effect as if the record were of the original instrument.
[35 v. 10, §2; 42 v. 77, § 2; S. & C. 1277.]
SEC. 1152. [The recorder, when so ordered by the commissioners, may
transcribe records of other counties relating to lands in his county.] The
recorder may, when directed so to do by the commissioners of the county,
transcribe, in suitable books provided for that purpose, from the records of
other counties, all deeds, mortgages, powers of attorney, and other instruments
of writing, for the sale, conveyance, or incumbrance of lands, tenements, or
hereditaments situate within his county; and when so transcribed they shall
be part of the records of the county, and have the same validity and legal
effect as other records of instruments of like kind recorded originally in his
office, and copies thereof shall be received in evidence in the same manner and
with the same effect as original records of like instruments. [33 v. 8, §§ 1, 2;
S. & C. 1275; S. & C. 1276.]
The recorder
SEC. 1153. [Alphabetical indexes; how to be made.]
shall make and keep up, at the beginning of each day's business, alphabetical
indexes of the names of both parties to all instruments, theretofore received
for record by him; except that the volume and page where such instrument
shall be recorded may be omitted until such instrument is actually recorded by
him; provided the file number of such instrument be entered in lieu thereof
(provided, however, that the entering of the file number may be omitted from
any index volume now in use where the form is not adapted to entering such
file number); and in all cases where there are several grantors or grantees,
mortgagors, or mortgagees, or other parties named in any deed, mortgage or
power of attorney, or other instrument of writing, recorded in the recorder's
office of any county in the state, the recorder shall insert in proper indexes the
names of each of said grantors, grantees, mortgagors or mortgagees, and other
parties; and in all cases of deeds, mortgages and other instruments of writing,
made by any sheriff, master commissioner, marshal, auditor, executor, admin-
istrator, trustee or other officer, for the sale, conveyance or incumbrance of any
lands tenements or hereditaments, and recorded in the recorder's office of any
county, the recorder of the proper county shall insert in such indexes, under
39
594
§§ 1153a-1154.
COUNTY RECORDER.
Tit. VIII, Ch. 6.
their appropriate letters, respectively, first: The name or names of the person or
persons whose lands, tenements or hereditaments are sold, conveyed or in-
cumbered by the deed, mortgage or other instrument of writing of any such
officer; second, the official designation of such officer by whom such deeds,
mortgages or power of attorney, or other instrument of writing are made;
and third, the individual name or names of the persons holding such office, or
by whom such deeds, mortgages or other instruments of writing are made. [92
v. 268; 49 v. 103, § 2; S. & C. 474.]
For indexing powers of attorney as to personalty, see (4132—1).
An index to the record of a conveyance is not necessary to make the record effective as constructive
notice to a subsequent purchaser and where such purchaser has been misled to his injury, by the neglect of
the recorder to make such index, his remedy is against the recorder: Greene v. Garrington, 16 O. S. 548.
SEC. 1153a. [Daily registers of deeds and mortgages.] The county
recorder shall keep a daily register of deeds and a daily register of mortgages,
in which he shall note in their alphabetical order according to the names of the
grantors, respectively, all deeds and mortgages affecting real estate, filed in his
office as soon as the same shall have been filed, and shall keep such daily regis-
ter in his office and open to the inspection of the public during business hours.
[92 v. 268.]
SEC. 1153b. [Indexing in Cuyahoga Co.] The county commissioners
of any county containing a city of the second grade of the first class may pro-
vide for the indexing of all records of deeds, mortgages, and other instruments
affecting the title to real estate in such county in the manner following: The
names of all the parties to any such instrument shall be indexed direct and
reverse, the christian names arranged in alphabetical order, and the surnames
in like manner; such indexes shall also contain after each name indexed a
reference to the volume and page of the record in which the instrument is
recorded, the date of the instrument, the number of the original lot, tract,
range, section or sub-lot; the name of the allotment or sub-division, together
with the consideration, and said indexes shall also show what incumbrances
have been canceled. [87 v. 356.]
SEC. 1153c. [Recorder to keep them up; fees.] Such indexes, when
completed, shall be kept up by the recorder of the county, in the manner above
indicated, and it shall not be necessary to keep up any other indexes of such
records in any such county; and for keeping up such index he shall receive
the same compensation therefor as is provided by section 1155 of the Revised
Statutes. [87 v. 356.]
SEC. 1153d. [Compensation for making; contract.] The compensation
for the services rendered under the first section of this act (§ 11536) shall be
paid from the general revenue fund of the county, but no additional levy shall
be made in consequence thereof. And in the event that the county commis-
sioners decide to have said work done, then said commissioners shall advertise
for 20 days in two daily papers of opposite politics for sealed proposals, to do
said work as provided herein, and shall let said work to the lowest bidder, but
shall require him to give bond for the faithful performance of the contract
according to its terms, in such sums as the board may fix and said work shall
be done to the acceptance of the board and county auditor. But the county
commissioners shall have power to reject any or all bids. [87 v. 356.]
SEC. 1154. [And general indexes of subdivisions when required.] In
any county where, in the opinion of the county commissioners, the same is
needed, and they so direct, the recorder shall, in addition to the alphabetical
indexes, make, in books prepared for that purpose, general indexes to the rec-
ords of all the real estate in the county, by placing under the heads of the
original surveyed sections or surveys, or parts of a section or survey, squares,
595
Tit. VIII, Ch. 6.
COUNTY RECORDER.
§§ 1155-1158.
subdivisions, or lots, on the left page of such index book, first, the name of the
grantor or grantors; second, next to the right, the name of the grantee or
grantees; third, the number and page of the record where the instrument is
found recorded; fourth, the character of the instrument, to be followed by a
pertinent description of the property conveyed by the deed, lease, or assign-
ment of lease; and on the opposite page, in like manner, all the mortgages,
liens, or other incumbrances affecting said real estate; and for his services in
making such description and noting incumbrances, he shall receive for each
tract described five cents, in addition to his other fees. [64 v. 256, § 1; 76 v. 49,
§1; S. & C. 659.]
See note to In re claim of N. G. Holliday, 13 C. C. 672; 3 O. D. 619, under 2 1155. Cited Id.
SEC. 1155. [County recorder to keep up general indexes.] When
general indexes, such as are described in the next preceding section, or any
other indexes authorized by the county commissioners, are brought up and
completed, the recorder shall keep up the same; and he shall receive for index-
ing any lot or parcel of land, ten cents, to be paid out of the county treasury.
[1880, April 15: 77 v. 240; Rev. Stat. 1880; 56 v. 20, § 3; 56 v. 86, § 4; (S. & C.
1283).]
The compensation for keeping the general indexes under this section, is payable to the county recorder
only on the allowance by the county commissioners: In re Claim of N. G. Holliday, 13 C. C. 672; 3 Ŏ. D. 619.
SEC. 1156. [Records shall be transcribed into new books when neces-
sary.] When the records in the recorder's office, or any part of them, become
defaced or injured, the recorder shall, when directed so to do by the county
commissioners, transcribe the same into new books, which shall be as valid in
law as the original record, and transcripts therefrom shall be received and
taken as of the same force and effect. [73 v. 243, §§1, 2; (S. & S. 657).]
To transcribe mutilated records in Hamilton county, see ?906a.
SEC. 1157. [Fees.] The recorder in counties which, by the last pre-
ceding federal census had a population less than thirty-five thousand, shall re-
ceive the following fees: For recording a mortgage, deed of conveyance, power
of attorney, or other instrument of writing, twelve cents for every hundred
words actually written on the records, and ten cents for indexing the same, to
be paid on the presentation of such instruments for record; for certifying copy
from the record, twelve cents for every hundred words; for recording assign-
ment or satisfaction of mortgage, or discharge of a soldier, twenty-five cents;
for every search of the record, without copy, fifteen cents; for recording any
plat not exceeding six lines, one dollar, and for each additional line, five cents.
The recorder in counties which, by the last preceding federal census had a
population of thirty-five thousand or more, shall receive the following fees:
For recording a mortgage, deed of conveyance, power of attorney, or other in-
strument of writing, ten cents for every hundred words actually written on
the records, and ten cents for each index of the same, to be paid on the pre-
sentation of such instruments for record; for certifying copy from the record,
ten cents for every hundred words; for recording assignment or satisfaction of
mortgage, or discharge of a soldier, twenty-five cents; for every search of the
record. without copy, ten cents for recording any plat not exceeding six lines.
577; 62
one dollar, and for each additional line, five cents. [90 v. 110; 88 v.
v. 123, §5; 51 v. 283, § 1; 56 v. 10, §2; 64 v.
1; 56 v. 10, §2; 64 v. 62, § 1; 76 v. 117, § 32; S. & S.
366; S. & S. 656; S. & C. 1279; (S. & C. 639).]
This section is not to apply to Hamilton or Cuyahoga counties, see 90 v. 113, 27.
SEC. 1157a. [89 v. 386; 88 v 557; repealed, 90 v. 113, § 8.]
For compensation of county recorders in certain counties, see the acts relating to the
compensation of county auditors in such counties, referred to under 1069.
SEC. 1158. [Compensation for services ordered by county commis-
sioners.] The recorder for services directed to be performed by the commis-
596
SS 1159-1162.
COUNTY RECORDER.
Tit. VIII, Ch. 6.
sioners in transcribing the records of other counties, and transcribing defaced
or injured records, shall receive such compensation as the commissioners deter-
mine, not exceeding six cents for every hundred words; and for making the
general indexes provided for herein, such sum as is fixed by the commissioners;
and they shall allow the recorder his necessary expenses in transcribing records
in other counties. [64 v. 256, §1; 73 v. 243, §2; 76 v. 117, §33; S. & S. 659.]
Where a claim against a county is created by statute, and to be paid upon allowance by the commis
sioners, the remedy of the claimant, if dissatisfied with their determination, is by appeal, and not by action:
'Shepard v. Commissioners of Darke Co., 8 O. S. 354.
SEC. 1159. [Deed not to be recorded till submitted to auditor for
transfer of land on duplicate.] The recorder shall not record any deed of
absolute conveyance of land until the same has been presented to the county
auditor, and by him indorsed "Transferred," or "Transfer not necessary.
[67 v. 103, § 13.]
Cited Thomas, adm'r v. Lett et al., 4 N. P. 393; 6 O. D. 129.
SEC. 1160. [Deed for university land not to be recorded unless first
indorsed as transferred on the books of the university; penalty under this
and preceding section.] The recorder shall not record any lease, deed, or
other eonveyance of lots or lands belonging to any university keeping trans-
fer books, unless the same is indorsed by the president or other proper officer
of such university, showing that the same has been transferred on such books:
any violation of this or of the next preceding section shall subject the recorder
to a penalty of twenty dollars, to be recovered by civil action in the name of
the state. [65 v. 139, §§ 1, 2, 3; S. & S. 656.]
SEC. 1161. [Discharge of soldier to be recorded.] The recorder shall,
upon request of any discharged soldier and presentation of his discharge,
record such discharge in a book to be furnished by the county commissioners
for that purpose; and such record, or a certified copy thereof, shall be received
in evidence in all cases where the original discharge would be received. [62 v..
59, §§ 1, 2, 3; S. & S. 655, 656.]
SEC. 1162. [Not to take acknowledgments.] Neither the recorder, nor
any deputy or employe, shall take the acknowledgment of any instrument
required to be filed or recorded in his office. [73 v. 205, § 1.]
597
Tit. VIII, Ch. 7.
COUNTY SURVEYOR..
SS 1163-1166.
CHAPTER 7.
SECTION
1163. Election and term.
1164. Who not eligible.
1165.
Bond.
COUNTY SURVEYOR.
SECTION
1183. Fees.
1184. Duty of surveyor on going out of office, and
penalty for default.
1166. Deputies and their surveys.
1185.
1167.
Vacancy: how filled.
1186.
Complaint against and removal of surveyor.
Who may bring suit on bond.
1168. Calculations of surveys, and noting variation.
1169. When surveyor may examine witnesses.
1187.
1188.
1170. Penalty for interfering with or interrupting
1189.
surveyor.
When owners of land may call surveyor, etc.
Proceedings therefor; may take depositions.
Notice of taking depositions: when and how
given.
1171. Chainmen; payment of their fees, and the sur-
veyor's.
1190.
Surveyor shall make record of plat, etc.
1191.
Plat or certified copy and depositions evidence,
unless, etc.
1172. No resurvey, except by county surveyor, legal
evidence.
1173. When court may appoint a surveyor.
1174. When lands in two or more counties, the sur-
veyor of either county may be appointed.
1175. Surveyor may take acknowledgments and depo-
sitions.
1176. County surveyors shall procure field-notes, etc.,
from general land office.
1192. Fees.
1193. May examine witnesses under oath.
1194. Use and effect of the testimony.
1195. Dilapidated maps, etc., to be transcribed.
1196. Copies, evidence.
1196-1. Field-notes, plats, and records in Hamilton
county.
Shall ascertain trespasses on public lands, and
report same.
in this state, in the proper discharge of their
duties.
1197.
1177. Expenses: how paid; fees of surveyor.
1178. Record to be kept by county surveyor; fees.
1198.
United States surveyors may enter upon lands
1179.
Surveyor to transcribe certain records.
1180. Indexes to records of county surveyors.
1181. Where he shall keep his office, and how to be
furnished; engineer, Cuyahoga county.
1199.
1182. Survey of land sold for taxes.
As to damages caused thereby.
1200. Tender of damages, etc.
1201.
Fees and costs for services under the three
next preceding sections.
Duties as to cleaning out of county ditch, see ? 4498.
SEC. 1163. [Election and term.] There shall be elected triennially,
in each county, a county surveyor, whose term of office shall be three years,
beginning on the first Monday of September next after his election. [91 v.
376; 29 v. 399, §1; 58 v. 40, §1; S. & C. 1419; S. & S. 747.]
See ?? 1020, 1268.
Act for appointment of a county surveyor in counties having a population of over
twenty-three thousand, etc. (86 v. 277), was repealed 87 v. 350.
SEC. 1164. [Who not eligible.] No person holding the office of clerk of
court, sheriff, county treasurer, or county recorder, shall be eligible to the office
of county surveyor. [29 v. 399, §2; S. & C. 1419.]
See 18, 1020, 1268.
SEC. 1165. [Bond.] Before entering upon the discharge of his duties,
the county surveyor shall give bond to the state, in the sum of two thousand
dollars, conditioned for the faithful performance of his official duties, with two
or more sureties, to the satisfaction of the county commissioners; which bond,
with his oath of office and the approval of the commissioners indorsed thereon,
shall be deposited with the county treasurer. [29 v. 399, §4; S. & C. 1420.]
SEC. 1166. [May appoint deputies, for whose acts he is responsible.]
He may appoint deputies not exceeding three, and take from them such bond
as he requires, and he shall be responsible for their official acts; all surveys
made by any deputy shall be signed by such deputy and countersigned by the
county surveyor, and when so signed and countersigned shall have the same
validity and effect as the surveys of the county surveyor. [89 v. 39; 87 v. 295;
29 v. 399, §5; S. &. C. 1420.]
This section as amended in 1890 (87 v. 295), construed in State ex rel. v. Staley, 5 C. C. 602.
598
§§ 1167–1172.
COUNTY SURVEYOR.
Tit. VIII, Ch. 7.
SEC. 1167. [Filling vacancy.] When the office of county surveyor
becomes vacant by death, resignation, or otherwise, the court of common pleas,
if in session, or if held before the vacancy is otherwise filled, or in vacation of
the court, the county commissioners shall appoint a suitable person county sur-
veyor, who, upon giving bond and taking the oath of office, as required of the
county surveyor elect, shall enter upon the discharge of the duties of the office.
51 v. 292, §1; S. & C. 1424.]
Where the court did not convene until 10 a. m., an appointment by the county commissioners earlier on
the same day is valid: Edit. Supreme Court, 37 W. L. B. 106.
And this is so where the term of the surveyor is extended and the vacancy occurs on the day before the
regular term expires: Id.
SEC. 1168. [How contents of tract of land calculated.] All calculations.
to ascertain the contents of a tract of land, by the county surveyor, or other
person, when the survey or calculation is to be used as evidence, shall be made
by latitude and departure; and on each plat, the person making such survey or
calculation, shall note the variation of the magnetic needle from the original
course of such survey. [29 v. 399, §8; S. & C. 1420.]
SEC. 1169. [When and how surveyor may examine witnesses.] When
a county surveyor or his deputy is called upon to make a survey or surveys,
which is or are to be offered as evidence (the adverse party having notice of
the time of making such survey or surveys), such county surveyor or deputy
shall, upon application of either party administer an oath to any witness, who
may be brought to prove any corner or line of such survey or surveys, or of
any natural or artificial object or mark, which may be necessary to identify the
same; and the testimony shall be reduced to writing, and subscribed by the
witness or witnesses, and return made thereof to the court, with the return of
the survey. [29 v. 399, §7; S. & C. 1420.]
SEC. 1170. [Interference with surveyor, how removed, and penalty,
etc., therefor.] If a county surveyor or deputy surveyor is molested or pre-
vented from doing or performing any of his official duties, by means of the
threats or improper interference of any person or persons, such surveyor shall
call on the sheriff of the county, who shall accompany him, and remove all
force; and the person or persons thus threatening, or improperly interfering
with a surveyor while performing his official duties, shall be subject to prosecu-
tion by indictment, and, on conviction thereof, shall be fined in a sum not
exceeding one hundred dollars, at the discretion of the court; and moreover,
be liable for all damages by any person sustained by the hindrance of the sur-
veyor, and, also for all expenses and costs that accrue in consequence of the
attendance of the sheriff. [29 v. 399, § 10; S. & C. 1421.]
The main object of this section was to place the power of the county at the call of the surveyor, and to
provide a civil remedy against any person interfering with the surveyor: Woodworth v. State, 26 O. S. 199.
SEC. 1171. [Chainmen; fees in advance; surveyor may retain survey
until fees paid.] Each county surveyor and deputy surveyor shall employ
disinterested persons to act as chain men; and each chain man, employed by
the county surveyor or his deputies, shall, before he commences the duty
assigned him, take an oath faithfully and impartially to execute the duty of
chain man; which oath the county surveyor or his deputy is authorized and
required to administer; and the expense of the chain-carriers and markers shall
be paid in advance, if required, to the county surveyor or his deputy, by the
party on whose application the survey is made; and the money so advanced
shall be accounted for by the surveyor, and the amount expended to be taxed
in the bill of costs; and there shall not be allowed to any chain man or marker
a greater sum than one dollar for each day he is actually employed; but each
surveyor has the right to retain the return of any survey, by him made, until
he is paid the fees therefor, and may collect such fees by suit, if the return of
survey is not called for. [29 v. 399, § 15; S. & C. 1422; (S. & C. 639).]
SEC. 1172. [Resurveys made by other persons.] No resurvey here-
after made, by any person except the county surveyor or his deputy, shall be
considered as legal testimony in any court, unless such surveys are made by
599
Tit. VIII, Ch. 7.
COUNTY SURVEYOR.
§§ 1173-1178.
mutual consent, reduced to writing and signed by the parties, or are made by
order of court. [29 v. 399, § 12; S. & C. 1421.]
SEC. 1173. [When court may appoint a person to resurvey lands.]
When it appears that the county surveyor is interested in any survey, the title
of which is disputed before the court, or if the county surveyor is not commis-
sioned and qualified, the court shall direct the resurvey to be made by some
capable person, who is in nowise interested, who shall return the said resurvey
to the court, on oath; but no survey made by the county surveyor or his
deputy shall be considered legal testimony, unless such survey has been made
by order of the court of common pleas, or of the district court, or that it has
been made agreeably to the provisions of the preceding sections of this chapter,
or by the consent of parties, as herein provided. [29 v. 399, § 13; S. & C. 1421.]
SEC. 1174. [When land lies in two counties the surveyor of either
may be ordered to make survey.] When a tract of land is situated in any
two or more counties, or if the beginning of the entry or survey, on which
such tract of land depends, is in a different county from that in which part of
such tracts of land are, it shall be competent for the court, in either of said
counties, to issue an order of survey to the county surveyor of any one of said
counties, who shall survey such tract of land, and run and lay down an entry
or survey, line or lines, necessary to establish the same. [29 v. 399, §9; S. & C.
1421.1
SEC. 1175. [Power of surveyor to take acknowledgments, etc., the
same as justices.] The county surveyor shall have the same power to take
and certify the acknowledgments of deeds, mortgages, powers of attorney, and
other instruments affecting real estate, and to administer oaths, and take affi-
davits and depositions, and certify the same, as justices of the peace have.
[52 v. 70, §§ 1, 2; S. & C. 1424.]
SEC. 1176. [County surveyor shall procure field-notes, etc., from gen-
eral land office.] The county surveyor, when directed by the county com-
missioners of his county, shall procure from the general land office, or any
office in this state where the same may be procured, a certified plat, together
with the field-notes of the corners and bearing trees to each section, quarter sec-
tion, lot or original survey in his county, and cause the same to be preserved
in a book by him provided for that purpose, which shall be deposited in the
surveyor's office for the use of the landholders in said county. A certified
copy from said book by the surveyor shall be received as prima facie evidence,
when the original would be received. [1881, April 20: 78 v. 285; Rev. Stat.
1880; 29 v. 399, § 22; (S. & C. 1423).]
SEC. 1177. [Expenses: how paid; fees of surveyor.] The expenses
incurred by reason of section one thousand one hundred and seventy-six, shall be
paid out of the county treasury on the warrant of the auditor. For making
and recording plats or maps, or transcribing same, the surveyor shall receive
such reasonable compensation as the commissioners may order, not exceeding
the amount allowed by law for similar services, and for indexing, the same
fees as are allowed to recorders. [1881, April 20: 78 v. 285; Rev. Stat. 1880
29 v. 399, § 23; (S. & C. 1423).]
SEC. 1178. [Record to be kept by county surveyor; fees.] The
county surveyor shall make and keep in a book to be provided for that purpose
an accurate record of all surveys made by himself or his deputies for the pur-
pose of locating any land or road lines, or fixing any corner or monument by
which the same may be determined, whether official or otherwise, which sur-
veys shall include corners, distances, azimuths, angles, calculations, plats and
a description of the monuments set up, with such references thereto as will aid
in finding the same, together with the names of the parties for whom made,
the date of making the same, which book shall be kept as a public record by
the county surveyor at his office, and shall be at all proper times open to in-
600
SS 1179-1182.
COUNTY SURVEYOR.
Tit. VIII, Ch. 7.
spection and examination by all persons interested therein, and shall receive
the same fees as is now allowed county recorder for like work; and also any
other surveys made in the county by competent surveyors, duly certified by
such surveyor to be correct and deemed worthy of preservation, may, by order
of the commissioners, be recorded by the county surveyor and paid for as
above provided. [93 v. 404; 82 v. 255; 78 v. 285; Rev. Stat. 1880; 29 v. 399,
§ 14; (S. & C. 1421).]
Au uno.ficial survey for an individual by a county surveyor, if recorded by him without submission to
the county commissioners, gives him no claim against the county to be paid for such record; Strawn v.
Commissioners, 47 O. S. 404.
SEC. 1179. [Surveyor to transcribe certain records.] The county
surveyor shall, when ordered so to do by the county commissioners, transcribe
any and all dilapidated maps, and the records of plats and field-notes of sur-
veys from the records of the common pleas, probate or other court, auditor,
recorder or other office in the state where the same may be procured, into
suitable books, and the same shall be placed among the records of his office and
made a part thereof, and have the same validity and legal effect as other records
of a like kind in his office. [1881, April 20: 78 v. 285, 286; Rev. Stat. 1880;
64 v. 216, §§ 1, 2; (S. & S. 349).]
SEC. 1180. [Indexes to records of county surveyors.] The surveyor
shall make and keep up in a manner convenient for reference, unless other-
wise ordered before beginning the work, by the county commissioners, com-
plete indexes by townships alphabetically arranged, to all the records in his
office, which shall contain in their several columns the number or name of the
original survey, section, tract or lot in which said survey is located, the date of
the execution thereof, the name of the surveyor making the same, and the
name of the party for whom the survey was made, provided the commissioners
may at any time during the progress of the work provided for in this section
discontinue the same by paying for the work already done and expense
incurred. [1882, April 17: 79 v. 141; 78 v. 285; Rev. Stat. 1880.]
The enrolled copy of 1180 does not indicate the date of the adoption of the last
amendment. The journal of the house, however, gives the date of the signing by the
speaker as April 17th.
SEC. 1181. (Office to be provided by the commissioners, and fur-
nished with cases, books, etc.; engineer, Cuyahoga county.] The surveyor
shall keep his office at the county seat, in such room or rooms as are provided
by the county commissioners, which shall be furnished, at the expense of the
county, with all necessary cases and other suitable articles; also with all blank-
books, blanks and stationery needful for the proper discharge of his official
duties; and whenever, except in a county containing a city of the first class,
first grade, the services of an engineer are required, with respect to roads, turn-
pikes, ditches or bridges, or whenever the services of an engineer are required
for the improvement of state and county roads in any county containing a city
of the first class, second grade, under an act entitled "An act to provide for the
improvement of state and county roads in counties containing a city of the
second grade of the first class," passed March 31, 1892 [89 v. 199], the county
surveyor shall act as such engineer, and shall receive for his services such
compensation as is provided by the law for the services of an engineer in such
cases. [91 v. 397; 89 v. 172; 69 v. 18, §1.]
Delaware county excepted from above section, see 89 v. 423.
Section 1181 does not modify 22 4454 or 4831; Ginn v. Commissioners, 11 C. C. 396; 5 O. D. 412.
SEC. 1182. [Survey of lands sold for taxes.] The county surveyor, or
his deputy, shall survey all lands which have been sold for taxes, which lie
within his county, on the application of any person producing to him a certifi-
cate from the proper officer, according to law; but when a portion of any land.
or lot has been sold for taxes, and, after such sale and before a survey thereof,
such land or lot is, by the erection of a new county or change of county lines,
set off to another county, the surveyor of the county in which the sale was
601
Tit. VIII, Ch. 7.
COUNTY SURVEYOR.
§§ 1183-1187.
made, shall make the survey, and the auditor of the same county shall make
the deed. [29 v. 399, § 11; 37 v. 56, § 1; S. & C. 1421; S. & C. 1423.]
SEC. 1183. [Fees.] The surveyor shall be entitled to charge and receive
the following fees: When employed by the day, four dollars for each day;
when not so employed, for each rod run, not exceeding one mile, three-fourths
of one cent; and for each rod over one mile, one-half of one cent; for making
out or recording a plat not exceeding six lines, seventy-five cents, and for each.
line in addition, five cents; for each one hundred words or figures therein, six
cents; for calculating the contents of a tract not exceeding four sides, fifty
cents, and for each additional line, ten cents; for mileage, going and returning,
five cents per mile; and for all other services, the same fees as those of other
officers for like services; and chain-carriers and markers are entitled, each, to
one dollar. [64 v. 62, § 1; 76 v., § 1; S. & S. 747; (S. & C. 637).]
76 v. —, ? 1, seems to be a misreference in enrolled copy.
་
The surveyor being employed by the day, can only receive a compensation of $4 per day, by virtue of
this section: Commissioners v. Dun, 4 N. P. 210; 6 O. D. 348.
SEC. 1184. [Outgoing surveyor must deliver over to successor all
books, etc.] The surveyor, on going out of office, shall deliver to his successor
all books, papers, and other property and effects belonging to his office, and,
in case of his failure so to do, an action may be brought therefor, and for a pen-
alty of five hundred dollars, by his successor; and if, in such action, the
plaintiff recover, he shall have judgment for the articles withheld by the out-
going surveyor, or for their value, and for any sum not exceeding five hundred
dollars that the jury, or the court, may assess as penalty. [29 v. 399, §§ 19, 20;
S. & C. 1422.1
SEC. 1185. [Surveyor may be removed by civil action.] Any person
may bring a civil action in the court of common pleas, against the county sur-
veyor, alleging his incapacity, misconduct in office, or neglect of duty, and in
such case, with the summons, shall be served on the surveyor a copy of the
petition; and if, upon the trial of the cause, which shall have precedence over
other business, the court find the surveyor guilty of either of the charges, the
surveyor shall be, by the judgment of the court, removed from office. [29 v.
399, §§ 17, 18; S. & Č. 1422.]
SEC. 1186. [Who may bring suit on bond.] Any person injured by the
misconduct or neglect of the surveyor, or his deputy, may bring an action on
his official bond, and recover a judgment for any loss or damage sustained by
reason thereof. [29 v. 399, §6; S. & C. 1420.]
SEC. 1187. [In what cases owners of land may call surveyor and plant
corners.] Any person owning or being interested in any tract or tracts of
land within the state, any corner or corners, or line or lines, of which have
become lost or uncertain, or are in danger of becoming lost or uncertain, by the
removal, destruction, defacement or perishing condition of any corner, witness
or line tree or trees, or monument or monuments, or by any other cause, may
call on the surveyor of the county where the land lies, or if it is a single tract
divided by a county line or lines, on the surveyor of any county in which a
part thereof lies, to make a survey thereof, and cause to be planted at any
corner or corners, or at proper places in any line or lines thereof, a stone or
post, noting particularly the situation and condition of the original corner
trees, or monuments called for in the original survey, if found, and also of all
other trees or monuments, which it may be important or advisable to note, and
of all the places of notoriety, over or by which the lines of said survey pass;
and the surveyor shall make out a plat and certificate of such survey, under
his hand, noting the names of the chain men, markers, and other assistants, if
any, in such survey, and also, of all other persons present at the planting of
any stone or post, as aforesaid; and noting also the variation of the compass
from the original calls, at the time of making such survey. [54 v. 7, §1;
S. & C. 553.]
In U. S. surveys marked corners may be controiled by subsequent lines properly returned and preserved:
Reed v. Marsh, 8 O. 147.
602
SS 1188-1191
COUNTY SURVEYOR.
Tit. VIII, Ch. 7.
SEC. 1188. [Proceedings therefor; surveyor may issue warrant for
witnesses and take their depositions; fees of witnesses, and their obliga-
tions to attend, etc.] When the corner or corners of any such survey have
been destroyed, the owner of any such survey or other lands, the title of which
is affected by the loss of such corner, may call on the surveyor of the county
in which the land is situated, who shall attend on the ground where it is
intended to establish such corner or corners, at such time as the applicant
appoints, and the surveyor is authorized and required to issue a subpoena,
directed to any constable or other fit person, to execute the same, to cause to
come before him, such witness or witnesses, as well without as within his
county, as the person demanding such warrant, or other person interested
requires; and said surveyor is authorized to examine said witness or witnesses
on oath, touching the existence and situation of such corner or corners, or any
other matter in relation to the entry or survey of such land, and take the same in
writing, which shall be signed by the witness or witnesses, and certified and
signed by the surveyor; and in making a survey of the land, and planting
stones or posts at the corners, as provided in the preceding section, the surveyor
shall have reference to and be governed by the deposition or depositions so as
aforesaid taken, and shall specify the same in his certificate of survey, in which
shall also be mentioned the names of the persons present at the planting of any
corner-stone or post, as aforesaid; but no person who resides without the county
where said depositions are to be taken, shall be bound to attend, unless his
traveling fees, both going and returning, and for one day's attendance, have
been tendered him; nor shall any witness attending from without the county,
be obliged to attend more than one day, unless additional fees for such attend-
ance are tendered. [29 v. 405, § 2; S. & C. 553.]
SEC. 1189. [Notice of taking such depositions, when and how given;
notice to be proved, returned with plat, etc.] Previous to taking any depo-
sitions, as aforesaid, notice shall be given, at least twenty days, to the owner or
owners, their agent or attorney, if known, who have adjoining lands; and if
the owner or owners, their agent or attorney, are not known, or reside out of
the state, the applicant shall, in some public newspaper, printed in the county
where the land lies, if any such be printed therein, if not, in a newspaper
printed within the state, and nearest the land to be surveyed, give notice of his
intention to take depositions at a certain time and place, by advertisement
inserted, for six weeks successively, in said paper, the last insertion of which
shall be twenty days previous to the time of taking such depositions; in which
notice a description of the adjoining lands shall be given; evidence of which
notice shall be produced to the surveyor, previous to his taking any deposi-
tions as aforesaid; and the surveyor shall return, with his proceedings, the
original notices, which shall be in writing, with the evidence of their having
been served, and a copy of the advertisement, if any, with the evidence that
the same has been published, and which shall be recorded with the said sur-
vey and depositions. [29 v. 405, § 3; S. & C. 553.]
SEC. 1190. [Surveyor shall make record of plat, etc.] Any county
surveyor making surveys, under the provisions of the three preceding sections,
shall record the plat and certificate thereof in a book kept by him for that
purpose, together with the depositions, notices, and advertisements, if any,
with the evidence in relation thereto, and shall, on demand, deliver the original
to the person at whose instance such survey was made or depositions taken.
[1881, April 20: 78 v. 285, 286; Rev. Stat. 1880; 29 v. 405, § 4; (S. & C. 554).]
SEC. 1191. [Plat or certified copy and depositions evidence unless,
etc.] The plat and certificate of any county surveyor, made, or depositions
taken, agreeably to the provisions of the four preceding sections, or a certified
copy thereof from the surveyor's office, shall be evidence in any court, in this
603
3
Tit. VIII, Ch. 7.
COUNTY SURVEYOR.
$1192.
state, in any cause wherein the title of any land to which they apply is
affected; but the depositions of witnesses, recorded as aforesaid, shall only be
received when the witnesses are dead, or without the jurisdiction of the
court. [1881, April 20: 78 v. 285, 286; 29 v. 405, §5; (S. & C. 554).]
SEC. 1192. [Fees of surveyor, chainmen, witnesses, etc., and by whom
to be paid.] County surveyors, chainmen, markers, and recorders shall receive
the same fees as are allowed for similar services in other cases; and witnesses
shall receive the same fees and mileage, as in attendance on the court of com-
mon pleas; all of which expenses shall be paid by the person or persons apply-
ing for such survey and depositions, who may recover from the persons own-
ing the adjoining land that are benefited by the perpetuation of such testi-
mony, their equal proportion of the expense incurred in obtaining such evi-
dence. [29 v. 405, § 6; S. & C. 554.]
SEC. 1193. [May examine witnesses under oath, to establish sur-
veyed or agreed corners.] A county surveyor, may, within his own county,
call before him any witness or witnesses, and examine them on oath, and take
their testimony in writing, for the establishment of any surveyed or agreed
corner of the lands of any person who applies to him, after notice has been
given to the person holding adjoining lands, as is required in taking testimony
for the establishment of old or decayed corners of land; and the testimony
taken under this section shall be done under the same regulations and restric-
tions, and in the same manner as with reference to old or decayed corners,
herein provided. [30 v. 12, § 1; S. & C. 554.]
as
SEC. 1194. [Use and effect of the testimony; fees.] All testimony, taken
agreeably to the provisions of the preceding section, shall have the same effect
in law as evidence taken to perpetuate old or decayed corners as herein pro-
vided; and the surveyor, other officers and witnesses, are entitled to demand
and receive from the persons interested in all surveys and establishment of
corners, under the preceding section, the same fees as are by law allowed for
similar services. [30 v. 12, §2; S. & C. 555.]
SEC. 1195. [Dilapidated maps, records, field notes, etc., to be tran-
scribed.] The county surveyor is authorized and empowered, in case the work
is directed by the county commissioners, to transcribe any and all dilapidated
maps, record of plats and field notes of surveys in his office, into suitable
books, by him to be provided for that purpose, and paid for out of the county
treasury, and the same shall be placed among the records in his office and made
a part thereof, and have the same validity and legal effect as other records of a
like kind in the office of the county surveyor. [64 v. 216, § 1; S. & S. 349.]
SEC. 1196. [Copies, evidence.] After such maps and record of plats
and field-notes of surveys have been transcribed and placed among the other
records of a similar kind, as in the preceding section provided, copies thereof
duly certified by the county surveyor, shall be received in evidence in the same
manner, and shall have the same force and effect as by law is given to copies of
other records of maps, records of plats and field-notes of surveys. [1881,
April 20: 78 v. 285, 287; Rev. Stat. 1880; 64 v. 216, §2; (S. & S. 349).]
Record of county surveyor is only made evidence by the statute; but actual line, whether made by
county surveyor or not, may be testified to: Eastman v. Wight, 4 O. S. 156.
In 1834 no surveys were competent evidence in the courts, unless made by the county surveyor, without
the written consent of the parties, nor can the private surveyor testify in such cases: Hunt's Lessee v. Mo-
Henry, W. 599.
(1196-1) [As to field-notes, plats, and records in Hamilton county.]
The field-notes, plats, and records restored to the records of Hamilton county,
Ohio, under the act passed April 17, 1885, entitled "An act to provide for the re-
storation of certain records of the county surveyor's office in Hamilton county,
destroyed by the burning of the court-house of said county," shall be given
604
f
§§ 1197-1201.
COUNTY SURVEYOR.
Tit. VIII, Ch. 7.
the same faith and credit as was by law required to be given to the originals,
and for all purposes they shall be deemed originals. [89 v. 488.]
For restoring field-notes, plats and records required by law to be kept by the county
surveyor destroyed by Hamilton county court-house fire, and to give the same faith and
credit as to the originals, 82 v. 362.
SEC. 1197. [Shall ascertain trespasses on public lands and report
(same; compensation.] When it comes to the knowledge of a county surveyor
that any trespass has been committed on any canal, school, or ministerial lands
belonging to the state, he shall immediately ascertain the extent of such tres-
pass, the name of the trespasser, and the names of witnesses, and report the
same to the prosecuting attorney of the county; for which services he shall be
paid out of the fines collected therefor, and the proceeds of sales of timber
seized by the prosecuting attorney, such compensation as the court allows.
[40 v. 57, §2; S. & C. 445.]
SEC. 1198. [United States surveyors may enter upon lands in the
state, in proper discharge of their duties.] Any person employed in the exe-
cution of any survey authorized by the congress of the United States, may enter
upon lands within this state for the purpose of exploring, triangulating, level-
ing, surveying, and of doing any work that may be necessary to carry out the
objects of existing laws, and may establish permanent stations, marks, and
erect the necessary signals and temporary observatories, doing no unnecessary
injury thereby. [76 v. 57, §1.]
SEC. 1199. [As to damages caused thereby.] If the parties interested
can not agree upon the amount to be paid for damages caused thereby, either
of them may petition the probate court in the county in which the land is sit-
uated, which court shall appoint a time for a hearing as soon as may be, and
order at least fourteen days' notice to be given to all parties interested, and with
or without a view of the premises, as the court may determine, hear the parties
and their witnesses, and assess damages. [76 v. 57, §2.]
SEC. 1200. [Tender of damages, etc.] The persons so entering upon
land may tender to the injured parties damages therefor, and if in case of appli-
cation to the probate court, the damages finally assessed do not exceed the
amount tendered, the person entering shall recover costs; otherwise the pre-
vailing party shall recover costs. [76 v. 57, §3.]
SEC. 1201. [Fees and costs for services under the
ing sections.] For services and proceedings under the
sections, fees and costs shall be allowed as in other cases.
three next preced-
three next preceding
[76 v.
[76 v. 57, § 4.]
605
Tit. VIII, Ch. 8.
SHERIFF AND CORONER.
S$ 1202-1203.
CHAPTER 8.
SHERIFF AND CORONER.
SECTION
SECTION
1202. Election and term.
1203. Bonds.
1223.
1224.
Penality for disobeying coroner.
1204. Additional sureties or a new bond may be re-
quired.
1205. Failure to give bond or additional sureties or
new bond, cause of removal.
1206. Who may not be surety on such bond.
1207. Vacancy in office of coroner; how filled.
1208. Vacancy in office of sheriff; disability.
1209. Appointment of deputy sheriffs.
1209-1. Coroner's office in Cuyahoga county.
1209-2. Authorizing sheriff of Butler county to ap-
point turnkey for jail.
1209a. Coroner's clerk, deputy coroner in Cuyahoga
county.
1210. The sheriff is responsible for his deputy's acts.
1211. General powers and duties of the sheriff.
1212. Foreign execution docket.
1213. Fees for entries.
1214. Cash book.
1215.
Books of sheriff to be delivered to successor.
1216. Books open to search; fees.
Coroner shall return description of body, and
inventory.
1225. Notice of death, etc., shall be given by coroner.
1225a, Burial of body in Hamilton and Cuyahoga
counties.
1226. The inventory shall be separate from the find-
ing.
1227.
1228.
1229.
Duty of probate judge as to moneys and prop-
erty of deceased.
Rights of administrator or executor preserved.
Duty of prosecuting attorney as to moneys and
property of deceased, not delivered to pro-
bate judge.
1230. Fees of sheriff.
1230--1. Fees of Cuyahoga sheriff in land sales.
1230-2. Master commissioner not to sell, except.
1230a (1). Fees of sheriff.
1230a (2).
[Repealed.]
12306. Fees and compensation of sheriff in counties
of 22,500 inhabitants or more.
Allowance in criminal cases.
1231.
1217.
Sheriff's office, and how furnished.
1232.
Mileage on foreign process.
1218. Moneys shall be paid, and books, papers, etc.,
shall be delivered to his successor.
1233.
Sheriff's fees in attachment: freeholder's
fees.
1219. Process, goods, prisoners, etc., shall be deliv-
ered to successor, etc.
1234.
Fees in probate court.
1235.
Allowance for prisoners: additional for luna-
1220. [Repealed.]
tics.
1221. Inquests by coroner.
1236.
1222-2.
1222. Duty of coroner if any one charged with crime.
1222-1. Index of inquests in Cuyahoga county to be
kept by clerk of court of common pleas.
Testimony, etc., to be filed.
Mileage fees of sheriffs on foreign capias ad
satisfaciendum.
1237.
Fees of sheriff in cases relating to dower.
1238.
Distribution of fees in certain cases.
1239.
Coroner's fees; salary in Cuyahoga and Lucas.
Sheriff to appoint jail matrons for Cuyahoga county, see 27388a.
SEC. 1202. [Election and term of office.] There shall be elected in
each county biennially a sheriff and coroner who shall hold their office for two
years, beginning on the first Monday of September next after their election.
[93 v. 351; 55 v. 150, § 1; S. & C. 1403.]
See ?? 18, 1020, 1164, 1268.
Where a person elected as sheriff dies after he has qualified, but before his term begins, the term for
which he was elected is to be considered as his "place," within the meaning of 1208, although for a part of
the time it was filled by the coroner, under 3 1219: Staté ex rel. v. McGregor, 44 O. S. 628.
SEC. 1203. [Bonds; when to be given.] The sheriff and coroner shall,
each, within ten days after receiving their commissions and before the first
Monday of September next after their election, give bond to the state, with two
or more sureties approved by the county commissioners, in any sum fixed by
the county commissioners not more than fifty thousand dollars nor less than
five thousand dollars conditioned for the faithful performance of their respect-
ive duties, which bonds with the approval of the county commissioners and
the oath of office of the sheriff and coroner, respectively, indorsed thereon, shall
be filed with the county auditor. [93 v. 351; 55 v. 150. § 3; 51 v 301, §1; S.
& C. 190; S. & C. 1404.]
Under the act of January 19, 1853 (51 y. 301), notwithstanding the language of 221 and 5, the sheriff had
ten days after his term begins to give bond, although he had received his commission more than ten days
before his term commenced: State v. Lewis, 10 O. S. 128.
If a sheriff is his own successor, and fails to give a new bond, the sureties at his first election are not
liable for defaults committed under the second: State v. Crooks, 7 O. (2 pt.) 221.
Previous to the act of April 30, 1868 (65 v. 115), where a sheriff who was his own successor had received
money in his official capacity during his first term, which was in his hands when he gave bond and qualified
for his second term, and he subsequently failed, on demand, to pay to the party entitled, the sureties on his
bond for the second term were not liable: Sidner v. Alexander, 31 O. S. 378.
When a sheriff, being so required, gives additional bond, either or both sets of bondsmen are liable to a
party injured: State v. Crooks, 7 O. (2 pt.) 221.
A constable, duly elected, who takes the oath of office and gives bond, may justify acting as constable
although the obligee in the bond is not the one required by law: Barrett v. Reed, 2 O. 409.
In an action on a sheriff's bond for neglect to sell property levied on, the rule of damages is the value
of the property: State v. Myers, 14 0. 538.
606
S$ 1204-1209.
SHERIFF AND CORONER.
Tit. VIII, Ch. 8.
A seizure of the goods of A., under color of process against B., is official misconduct, and a breach of the
condition of the officer's bond that he will faithfully perform the duties of his office: State v. Jennings,
4 O. S. 418; and the same condition covers service of judicial process authorized by a statute passed after the
giving of the bond; and where such condition is expressed as during his continuance in office, the expiration
of his term will not relieve him or his sureties from liability for money collected during his term, although
demand therefor was not made till after such expiration: King v. Nichols, 16 O. S. 80; Sidner v. Álexander,
31 O. S. 378.
Securities received by a sheriff on sale in partition belong to the parties, and the notes should be taken
in their names and distributed to them by the sheriff, who should also take the mortgage in their names
and have the same recorded; and he has no right to receive payment of the notes: Preston v. Compton,
30 O. S. 299.
A sheriff will be liable on his bond for his failure to deliver to the proper parties, in accordance to the
order of court, notes taken during his term of office for the purchase money of property sold on partition,
though not demanded till after the expiration of his term of office: Brobst v. Skillen, 16 O. S. 382; alsc,
measure of damage is prima facie face value of notes, subject to reduction because of insolvency: Ib.
When a sheriff absconds with money in his possession, collected on execution, having previously made
a tender to the party entitled, who refused to receive it, such tender and refusal is no defense to sheriff's securi-
ties in a suit upon his official bond: State v. Alden, 12 O. 59.
Where bond was signed, but the amount is not inserted when signed, but put in by court in absence of
sureties, bond void: Famulener v. Anderson, 15 O. S. 473.
A sheriff and his bondsmen are liable for money which comes into his hands by reason of a sale by him
as master commissioner, even though the money was not demanded until his term of office expired: Hub-
bard v. Elden, 43 O. S. 380.
An order by the court to loan such money can not be pleaded in justification where the compliance with
it has been only partial: Ib.
See note to State v. Newell, 2 C. C. 203, under 2 7334.
SEC. 1204. [Additional sureties or a new bond may be required of
either.] The county commissioners may, at any time during the term of
office of either of said officers, require him to give further and additional sure-
ties on his bond, or to give a new bond. [51 v. 301, §4; S. & C. 191.]
SEC. 1205. [Failure to give bond, or additional sureties, or new
bond, cause of removal.] If the sheriff or coroner fails to give bond, within
the time above specified, or fails to give additional sureties on his bond, or a
new bond, within ten days after he has received written notice that the county
commissioners require such additional sureties or new bond, then said com-
missioners shall declare the office of such sheriff or coroner vacant; and said
office shall thereupon be filled as provided by law. [51 v. 301, §§5, 7; 55 v.
150, §3; S. & C. 191; S. & C. 1404.]
SEC. 1206. [Who may not be surety on such bonds.] No judge, clerk,
or attorney at law, shall be received as surety on the bond of any sheriff or
coroner. [51 v. 301, § 6; S. & C. 191.]
SEC. 1207. [Vacancy in office of coroner: how filled.] When the
office of coroner becomes vacant, the county commissioners shall appoint a
suitable person to fill the vacancy, who shall give bond and take the oath of
office, as prescribed for the coroner. [56 v. 48, §1; S. & C. 1404.]
SEC. 1208. [Vacancy in office of sheriff; disability.] When the office
of sheriff becomes vacant, the county commissioners shall appoint some suita-
ble person to fill the vacancy, who shall give bond and take the oath of office
prescribed for the sheriff, and hold his office for and during the unexpired term
of the sheriff, whose place he fills; and when the sheriff is incapable, by reason
of absence, sickness, or other disability, of serving any process required to be
served, or by reason of interest is incompetent to serve the same, the court of
common pleas, if in session, or any judge thereof in the district, if the court
is not in session, may appoint some suitable person to serve such process, or to
perform the duties of sheriff during the continuance of such disability, and
such appointee shall give such bond, conditioned for the faithful performance
of his duties, as such court or judge requires, and shall take the oath of office.
[1887, March 21: 84 v. 208; Rev. Stat. 1880; 29 v. 410, §§ 1, 2; 50 v. 311, § 35;
(S. & C. 1402; S. & C. 539).]
The matter of the filling of vacancies in the offices of sheriff and coroner, is governed by 1208, and not
by 11: State ex rel. v. McGregor, 44 O. S. 630, 631.
Cited Harte v. Bode et al., 4 N. P. 423.
SEC. 1209. [Appointment of deputy sheriffs.] The sheriff may, in
writing, appoint one or more deputies, and if such appointment shall be
approved by any judge of the court of common pleas of the sub-division in
607
Tit. VIII, Ch. 8.
SHERIFF AND CORONER.
§ (1209—1).
which the county of such sheriff shall be, such approval shall at the time it is
made be indorsed on said writing by the judge making the same, and such
writing and indorsement shall thereupon be filed by the sheriff with the clerk
of his county, who shall duly enter the same upon the journal of said court,
and the clerk's fees therefor shall be paid by the sheriff. Every deputy so
appointed shall be a duly qualified elector of such county, but no justice of
the peace or mayor shall be appointed. [1886, March 10: 83 v. 29; Řev. Stat.
1880; 66 v. 35, § 3; 29 v. 410, § 4; (S. & C. 500).]
For "
an act creating the office of secret service officer, and prescribing his duties in
Hamilton county" (85 v. 502), see ? (1282-1) et seq.
For "
an act authorizing the appointment of a criminal bailiff in counties containing a
city of the first grade of the first class" (76 v. 54; 86 v.225), sce? (474-1) et seq.
A deputy sheriff, summoned for that purpose by the sheriff, may legally act as one of the commissioners
in partition, although he afterward make the final return: Smith v. Barber, 7 O. (2 pt.) 118.
(1209-1) [Coroner's office in Cuyahoga county.] In a counties of
the state of Ohio containing a city of the second grade of the first class, the
county commissioners of such counties shall provide a suitable office for the
coroner of the county, and furnish the same with such furniture and fixtures
and provide the coroner with a telephone and with such stationery as the
coroner may require. [89 v. 195.]
(1209-2) [Authorizing sheriff of Butler county to appoint turnkey
for jail.] In counties having a population at the last federal census of forty-
two thousand five hundred and eighty (42,580) and no more, the sheriff may
appoint a turnkey for the county jail whenever, in his opinion, the same shall
be necessary, which appointment shall be in writing and shall be approved by
the judge of the court of common pleas, and shall be filed with the county
commissioners, and the person so appointed turnkey shall receive such com-
pensation as the sheriff shall determine, not exceeding two dollars per day,
which shall be certified at the time of the appointment by the sheriff to the
county commissioners, who shall thereafter pay the same monthly out of any
county funds applicable for that purpose. [83 v. 72.]
As to the subject of jails, and duties of the sheriff in connection therewith, see ? 7368
et seq.
SEC. 1209a. [Coroner's clerk; deputy coroner in Cuyahoga county.]
The coroner in all counties having a city of the first grade of the first class
may appoint a clerk at a salary not to exceed twelve hundred ($1,200) dollars.
per annum, and the coroner in all counties having a city of the first class of
the second grade may appoint a deputy coroner, who shall have full power to
do and perform all duties imposed by law upon the coroner of said county in
his absence, at a salary not to exceed fifteen hundred dollars per annum, and
whose term of office shall expire with the term of the appointing coroner;
and the auditor of the county is authorized to draw his warrant on the county
treasurer therefor, who shall pay the same out of any fund not otherwise
appropriated. [91 v. 303; 89 v. 194; 85 v. 206.]
SEC. 1210. [Answerable for his deputy's acts.] The sheriff shall be
responsible for his deputy's neglect of duty or misconduct in office. [29 v. 410,'
S$ 4,5; S. & C. 500.]
SEC. 1211. [General powers and duties of the sheriff.] Every sheriff'
shall preserve the public peace, and cause all persons guilty of any breach
thereof, within his knowledge or view, to enter into recognizance with sureties,
for keeping the peace, and appearing at the succeeding term of the common
pleas court of the proper county; and to commit to jail in case of refusal; and
shall return a transcript of his proceedings, with the recognizance by him
taken, to the court aforesaid, and shall execute all warrants, writs, and other
process to him directed by the proper and lawful authority; and shall attend
upon the common pleas court, and the circuit court, during their sessions, and
608
S$ 1212-1215.
SHERIFF AND CORONER.
Tit. VIII, Ch. 8.
the probate court when required, and he shall have power to call to his aid, in
the execution of the duties herein, and by law required, such person or persons,
or power of the county, as may be necessary; and under the direction and con-
trol of the county commissioners, he shall have charge of the court house.
[1885, February 7: 82 v. 16, 26; Rev. Stat. 1880; 29 v. 112, §2; 29 v. 315, §6;
(S. & C. 1229; S. & C. 1397).]
Duty to serve process from Columbus police court, see ? (7161—1).
Must attend upon circuit court during term in his county, see? 454.
Regular process will protect the officer, and those acting under him: Taylor v. Alexander, 6 O. 144;
Bogan v. Stoutenburgh, 70. (2 pt.) 133; Champaign Co. Bank v. Smith, 7 O. S. 42.
A bond by a judgment creditor conditioned that he will indemnify an officer, in case the latter will sell
property held by him under execution, at the suit of the creditor, but which is claimed to be exempt, is valid,
and not against public policy: Miller v. Rhoades, 20 O. S. 494; and such bond conditioned to indemnify if the
"execution be levied on the wrong property and the same sold," will bind the obligors, although the prop-
erty was replevied by the owner before sale; and the officer may recover the costs, attorney's fees, and
expenses in defending the replevin suit, as well as damages therein adjudged against him: Finckh v. Évers,
25 O. S. 82.
A writ of fi. fa. issued without seal from a court having and using a seal, is void: Boal v. King, 6 0. 11.
See note to State v. Newell, 2 C. C. 203, under 2 7334.
SEC. 1212. [Foreign execution docket.] There shall be kept in the
office of the sheriff of each county a foreign execution docket, to be furnished
at the cost of the county, in which docket the sheriff shall on the receipt by
him of any execution, order of sale, or other process issuing from any court of
any county of the state, other than that in which he resides, make an entry of
the date of such writ, when received by him, from what court and county
issued, the date and amount of judgment or decree; also copy in such book the
full description of the property and real estate which he levies upon or offers
for sale, the same as is indorsed upon or contained in such writ; also, copy into
such book his return on such writ, when he makes the same, including the bill
of costs; and shall for the use of the persons entitled to the same, retain all
fees due in such cases to residents of his county, and pay the same over on
demand to such persons, and shall make a direct and reverse index of each
case so entered; and such entries so made, shall be notice to subsequent pur-
chasers and creditors of the matters contained therein. [1887, March 21: 84 v.
208, 209; Rev. Stat. 1880; 57 v. 6, § 2; (S. & C. 1402).]
No entry by the sheriff upon real estate is necessary to constitute a valid levy thereon. The levy of an
execution from another county, when indorsed on the execution, and before entry thereof, as required by
1212, is complete: Morgan v. Kinney, 38 O. S. 610.
Cited in Cook v. Dinsmore, 5 C. C. 385, 391.
The foreign execution is a lien for five years, though proceedings are stopped by the creditor: First
National Bank v. Coal Co., 11 C. C. 412; 5 O. D. 421; aff'd Coal Co. v. Bank, 55 O. S. 233.
SEC. 1213. [Fees for entries.] For making such entries, the sheriff
shall receive ten cents, in each case, to be taxed in the fee bill. [1887, March
21: 84 v. 208, 209; Rev. Stat. 1880; 36 v. 18, § 3; (S. & C. 1402).]
SEC. 1214. [Cash book.] There shall be kept in the office of the sheriff
a cash book, to be furnished at the cost of the county, in which book, the
sheriff on receipt by him of any money, in his official capacity, shall make an
entry of the date and amount of the same, the title of the cause, the name and
number of the writ or process on which received; and if received on sale of
real estate in partition or otherwise, where the sale has been for part cash, and
notes and other evidences of indebtedness are taken for part of the purchase
money, he shall make an entry on such cash book of the date, number, and
amount of such notes so taken by him. [1887, March 21: 84 v. 208, 209; Rev.
Stat. 1880; 65 v. 115, §1; (S. & S. 734).]
to
SEC. 1215. [Books of sheriff to be delivered to successor.] The
books by this chapter required to be kept shall not be removed from the sheriff's
office, but shall be delivered over, without mutilation, as public property,
each succeeding sheriff; and any sheriff who willfully fails or neglects, or
refuses to comply with this or the next preceding section, shall, on conviction.
thereof, be fined in any sum not exceeding one thousand dollars, and imprison-
609
Tit. VIII, Ch. 8.
SHERIFF AND CORONER.
§§ 1216-1221.
ment in the county jail not less than thirty days nor more than two years.
[1889, April 11: 86 v. 239; 84 v. 208; Rev. Stat. 1880; 65 v. 115, §§ 2, 4, 5;
(S. & S. 734).]
SEC. 1216. [Books open to search; fees.] The books, by this chapter
required to be kept, shall be open to the search and inspection of all persons;
and for every such search, the sheriff producing the book or books, is entitled
to receive, of the person making the search, the sum of twelve and a half
cents; and shall if required, and without further charge, furnish the person
making the search, a certified copy of such entry; and for each additional
certified copy, required of the sheriff he shall receive the sum of twelve and
a half cents. [1887, March 21: 84 v. 208, 209; Rev. Stat. 1880; 36 v. 18, § 4;
(S. & C. 1402).]
SEC. 1217. [Sheriff's office: where kept, and how furnished.] The
sheriff's office shall be kept at the seat of justice, in such room or rooms as the
county commissioners provide for that purpose; and the same shall be furnished
with all needful furniture, blank books, stationery, and blanks, which shall be
paid for out of the county treasury. [70 v. 292, §1.]
SEC. 1218. [Moneys shall be paid, and books, papers, etc., shall be
delivered to his successor.] The sheriff upon retiring from office, shall pay
over to his successor in office all moneys received by him, then remaining in
his hands, and deliver to his successor in office all notes, mortgages, and other
evidences of indebtedness, and all books, blanks, and stationery belonging to
his office; and each sheriff shall demand and receive from his predecessor the
books and papers aforesaid. [1887, March 21: 84 v. 208, 210; Rev. Stat. 1880;
36 v. 18, §5; 69 v. 168, §5; (S. & C. 1402).]
SEC. 1219. [Process, goods, prisoners, etc., shall be delivered to suc-
cessor, etc.] When the term of office for which any sheriff has been elected,
has expired, or he has resigned, or removed without the county, such late sheriff
shall deliver over all writs of execution, and all other process, of whatever
description, whether executed or not, together with all goods and chattels which
have been by him taken in execution, or attached, and which remain in his
hands, together with all bonds, to such person as has been elected or appointed,
and qualified to discharge the duties of sheriff, making the necessary and
proper return upon each writ of execution, or other process, so far as the same
has been executed; and, also, to deliver over, as aforesaid, all prisoners in the
jail of the county, or otherwise in his custody, together with all bail bonds by
him taken, and remaining in his possession; and the new sheriff shall receive
all such prisoners, writs or other process, and proceed to execute such writs or
other process as remain unexecuted, in whole or in part, in the same manner as
if such writs or other process had been originally directed to him; and no pro-
cess shall be directed to or executed by any sheriff, whose term of office has
expired. [1887, March 21: 84 v. 208, 210; Rev. Stat. 1880; 29 v. 112, §8; (S. & C.
1399).]
See note to State ex rel. v. McGregor, 44 O. S. 628, under § 1202.
SEC. 1220. [Repealed 1887, March 21: 84 v. 208. Former statutes: Rev.
Stat. 1880; 44 v. 52, §1.]
A sheriff and a coroner being elected at the same time, the sheriff dying before his term commenced,
and before he had given bond or taken the oath of office, the coroner, having regularly qualified, is the suc-
cessor of the sheriff elect, and the predecessor of the latter does not hold over because the sheriff elect did
not qualify: State v. Epler, 12 O. S. 428.
When
SEC. 1221. [Inquest by coroner, and proceedings thereon.]
information is given to any coroner, that the body of a person whose death is
supposed to have been caused by violence, has been found within his county,
he shall appear forthwith at the place where such body is, shall issue subpoenas
for such witnesses as he deems necessary, and administer to them the usual
oath, and proceed to inquire how the deceased came to his death, if by vio-
lence from any other person or persons, by whom, whether as principals or
40
610
§§ 1222-1223.
SHERIFF AND CORONER.
Tit. VIII, Ch. 8.
accessories before or after the fact, together with all the circumstances relating
thereto: the testimony of the witnesses shall be reduced to writing, by them,
respectively, subscribed, and with the finding and recognizances hereinafter
mentioned, if any, shall be by the coroner returned to the clerk of the court of
common pleas of the county, and he shall, if he deems it necessary, cause the
witnesses attending, as aforesaid, to enter into recognizance, in such sum as
may be proper, for their appearance at the succeeding term of the court of com-
mon pleas for the county, to give testimony concerning the matter aforesaid,
and he may require any or all of said witnesses to give security for their attend-
ance, and if they or any of them neglect to comply with the requirements
made, he shall commit the person so neglecting to the prison of the county, to
remain until discharged by due course of law. [75 v. 570, §9; (S. & C. 1400).]
See note to State v. Hagerty, 11 C. C. 226; 5 O. D. 215, under 1230.
C. C. 504.
64
The word found" means being present within jurisdiction of coroner: State ex rel. v. Bellows, 15
"Supposed" is broad enough to include both, suspicion and knowledge: Id.
Violence must be distinguished from mere accident and casualty: Id.
SEC. 1222. [His findings, and proceedings thereon.] The coroner shall
draw up his finding of facts, in writing, and subscribe the same; and if he
finds that the deceased came to his or her death by force or violence, and by
any other person or persons, if the person or persons, so charged, are there
present, the coroner shall arrest such person or persons, and convey him or
them immediately before a proper officer for examination according to law;
and if said persons, or any of them, are not present, the coroner forthwith
shall inform one or more justices of the peace, and the prosecuting attorney, if
within the county, of the facts so found, in order that the persons may be
immediately dealt with according to law. [75 v. 570, § 10; (S. & C. 1401).]
(1222-1) [Index of inquests in Cuyahoga county; to be kept by
clerk of court of common pleas.] In all counties having a city of the second
grade of the first class, it shall be the duty of the clerk of the court of com-
mon pleas to cause a suitable index to be made of all the coroner's inquests
and findings in his custody, and to number the same in chronological order, giv-
ing the name of the deceased, date of death, locality where deceased was found,
property found upon the deceased and disposition thereof, and the cause of
death, as found by the coroner. Said clerk shall also inclose said findings
and papers in each case in suitable wrappers, and shall number the same to
correspond with said index, and shall deliver said index and papers to the
coroner of his county to be preserved in the office of said coroner; and for his
services herein said clerk shall be entitled to such compensation as is allowed
by law for like services, to be paid on the order of the commissioners of his
county. [90 L. L. 111.]
(1222-2) [Testimony, etc., to be filed.] It shall be the duty of the
coroner's clerk in such counties to keep such an index of all inquests held by
the coroner as is required in section 1 hereof [§(1222—1)], and to file away the
testimony of the witnesses, the finding of the coroner, with the other papers in
each case, and to return to the clerk of the [court of] common pleas only such
recognizances as the coroner may require witnesses to enter into for their ap-
pearance to give testimony at the succeeding term of court. [90 L. L. 111.]
SEC. 1223. [Coroner's writ; penalties against officers, etc.] The cor-
oner may issue any writ required by this chapter, to any constable of the
county in which such body is found, or if, in his opinion, the emergency
requires, to any discreet person of the county; and every constable, or other
person who has been appointed, as aforesaid, who fails to execute any warrant
to him directed, shall forfeit and pay a fine of twenty-five dollars, to be recov-
ered upon the complaint of the coroner, before any court having jurisdiction
thereof; and any coroner who refuses or neglects to perform any of the duties
herein required of him, shall, upon indictment and conviction in the court of
common pleas of the proper county, be fined such sum as the court determines,
611
Tit. VIII, Ch. 8.
SHERIFF AND CORONER.
§§ 1224–1227.
not exceeding five hundred dollars, all of which fines shall be for the use of the
county. [75 v. 570, § 11.]
SEC. 1224. [Coroner shall return description of person found dead.]
When an inquest is held, the coroner shall, as part of his finding, give a
description of the person over whose body the inquest is held, which descrip-
tion shall specify the name, age, sex, residence, place of nativity, color of the
eyes, hair, marks, and all other particulars which may assist in the identifica-
tion of the person; and the coroner shall also make an inventory of all articles
of property found on or about the person, and describe the same as minutely
as can conveniently be done; also, of all moneys, specifying the amount, and
kind, and denomination thereof. [53 v. 48, §1; S. & C. 1404.]
To have charge of morgue in Cuyahoga county, photograph bodies before delivery to
college and preserve means of identification, see ? (922—1).
SEC. 1225. [Notice to relatives.] Immediately after the finding, as
mentioned in the preceding section, if the friends or relatives of the deceased.
are known, the coroner shall give to them notice, by letter or otherwise, and if
the friends or relatives are unknown, then the coroner shall advertise in one
newspaper in the proper county, and whether the notice is by letter or adver-
tisement, the coroner shall state the fact of the death, and his findings, and give
a substantial description of the property mentioned in the inventory. [53 v. 48,
§2; S. & C. 1405.]
SEC. 1225a. [Burial of body in Cuyahoga and Hamilton counties.]
In counties containing a city of the first grade or second grade of the first
class if the body on which such inquest is held is not claimed by relatives or
friends for burial, or by any medical college or society for dissection, as pro-
vided by law, it shall be the duty of the coroner of such county to cause such
body to be properly buried, and the expense of such burial shall be paid in
the same manner and out of the same fund as the other expenses of such in-
quest are now provided to be paid. [91 v. 83.]
SEC. 1226. [Separate return of inventory and finding.] The inventory
and the return, provided for in section twelve hundred and twenty-four, shall be
made separately from the finding as to the death, and shall, together with all
the articles and moneys described in said inventory, be returned by the coroner
or other officer, to the probate court. [53 v. 48, §3; S. & C. 1405.]
SEC. 1227. [Disposition of property found on deceased persons.] In
case the name of the person over whose body the inquest has been held, is
unknown, the probate court shall make such order for the preservation of the
property found on the person, other than money, as may be necessary for the
future identification of said person; if the same is known, it shall make such
other order as may to it seem best; the money found shall be applied, first, to pay
the expenses of saving the body of the deceased, of the inquest and burial, and
the remainder, if any, shall be paid into the county treasury and become a part
of the general fund; but when property, other than money, is found upon the
person over whose body such inquest was held, and such property is not identi-
fied or claimed within the period of one year, from the time the probate court
received the same, it shall proceed to sell, at public sale, such property, after
of general
giving public notice for the period of ten days, in some newspaper
circulation in the county, and pay the proceeds of said sale into the county
treasury, to become a part of the general fund of said county: if, at any time
thereafter, proof is made to the satisfaction of the probate court or the county
commissioners, of the right of any person or persons, by inheritance or other-
wise, to said funds, or any part of the same, said court or commissioners shall
certify the same to the county auditor, who shall thereupon draw a warrant on
the treasurer of the county, in favor of such claimant or claimants, for the sum
so paid into the treasury; and all probate judges shall collect and pay into the
treasury of their respective counties, to be paid over, as herein provided, all
moneys of which they are trustees, under the provisions of the former laws on
612
§§ 1228-1230.
SHERIFF AND CORONER.
Tit. VIII, Ch. 8.
this subject, and the prosecuting attorney of each county is required to prose-
cute all suits, in the name of the state, that are necessary to enforce the pro-
visions of this section. [73 v. 247, § 4; (S. & C. 1405).]
SEC. 1228. [Rights of administrator or executor.] The provisions of
this chapter shall not interfere with the rights of any administrator or execu-
tor, appointed and qualified in due course of law, but such moneys and effects
shall be delivered up to said administrator or executor, whether before or after
return thereof to the court of probate. [53 v. 48, §5; S. & C. 1405.]
SEC. 1229. [Action, etc., to reclaim property.] When the prosecuting
attorney of any county is informed, that any person has in his possession
money or other property, belonging to any person found dead within such
county, whether obtained before or after the passage of this chapter, upon
whose estate no letters of administration have been issued, such prosecuting
attorney shall require, by notice in writing, such person having such money or
other property, to deposit the same in the probate court of the county; and in
case such person does not, within fifteen days, comply with such requisition,
the prosecuting attorney shall bring suit in the common pleas court, in the
name of the state, for the recovery of said moneys and effects, and the same
shall, when recovered, be at the disposition of said probate court, as herein be-
fore provided. [53 v. 48, §6; S. & C. 1405.]
SEC. 1230. [Fees of sheriff.] The fees and compensation of sheriffs
shall be as follows: For every writ or summons, and the return thereof (sub-
pœnas only excepted), when only one defendant is named therein, thirty
cents; each additional defendant, fifteen cents; levying each writ of execution
on real or personal estate, or the service of an order of arrest upon the body of
each defendant named in the writ, thirty cents, and mileage, as in other cases;
every bail bond, thirty-five cents; committing to prison or discharging there-
from, sixty cents; attending a person before judge or court, sixty cents; serv-
ing a writ of possession with the aid of the county, one dollar and fifty cents,
and without the aid of the county, eighty cents; the copy of any writ or pro-
cess necessary to complete a service, for each hundred words, eight cents; serv-
ing and returning a subpoena, for each person named therein, ten cents; serv-
ing and returning a subpoena for each person named therein to appear before
the grand jury, ten cents, to be paid by the county, upon the certificate of the
clerk; serving and returning venire for petit or grand jury, traveling fees
included, to be paid by the county, four dollars and fifty cents; or summoning
a jury, to be allowed on each issue, including traveling fees, forty cents; sum-
moning a special jury, including traveling fees, four dollars and fifty cents;
traveling fees upon all writs, precepts, and subpoenas, eight cents per mile,
going and returning, provided, that where more than one person be named in
such writ, mileage shall be charged for the shortest distance necessary to be
traveled; poundage on all moneys actually made and paid to the sheriff on
execution, decree or sale of real estate (except on writs for the sale of real estate
in partition), one and a half per centum on the first thousand dollars, and one
per centum on all sums over one thousand dollars; but when such real estate
is bid off and purchased by a party entitled to a part of the proceeds, the
sheriff shall not be entitled to any poundage except on the amount over and
above the claims of such party; service of copy of pleading and return, the
same fees as are allowed for the service of a summons, including mileage, as
herein provided; making a deed of land sold on execution, decree, or order of
court, to be paid by the purchaser, two dollars; serving any person with an
order of court, and making return thereof, thirty cents, and mileage as on serv-
ice of summons; calling a jury, ten cents; opening a court and calling each
action, to be charged but once each term of the court in which the cause is
pending, twelve cents; calling each witness, five cents; bringing up a person on
613
Tit. VIII, Ch. 8.
SHERIFF AND CORONER.
§ (1230—1).
habeas corpus, eighty cents; summoning a jury in forcible entry or detainer,
or in forcible entry only, one dollar and seventy five cents; serving a writ of
restitution, eighty cents, and mileage thereon as in other cases; calling an
inquest to appraise lands and tenements under execution, one dollar and
twenty cents; all advertisements in a newspaper, thirty cents, in addition to
the price of printing; all written advertisements for the sale of property, either
real or personal, thirty cents; executing a writ of partition, one dollar and
twenty cents, and traveling fees as in other cases; selling real estate under an
order of court in partition, three fourths of one per centum where the amount
of sales does not exceed two thousand dollars, and one fourth of one per centum
on the amount over and above that sum. [1880, April 17: 77 v. 116; Rev.
Stat. 1880; 73 v. 127, § 11; 76 v. 117, § 20; (S. & S. 364; S. & C. 639).]
For compensation of sheriff of Cuyahoga county, see (1365-1).
Poundage is due to the sheriff only when he has actually made and received the money on execution:
Vance v. Bank of Columbus, 2 O. 214.
When a sheriff collected money on execution, tendered it to the party entitled thereto, who refused to
receive it, such tender and refusal afforded no defense for the sureties in the bond of the sheriff who had
absconded with the money in his possession: State v. Alden, 12 O. 59.
When land is sold on execution or order of sale, and, before confirmation of sale by the court, the judg-
ment or decree is paid to plaintiff, and the sale is set aside, the officer is not entitled to "poundage" on the pur-
chase money, the same not being "money actually made and paid:" Fiedeldey v. Diserens, 26 O. S. 312.
The sheriff is entitled to compensation out of the county treasury for serving subpoenas for witnesses to
appear before the grand jury, and 1231 has no application in such case: State ex rel. v. Bauder, 34 O. S. 210.
Fees of a special constable subpoenaing witnesses for a coroner's inquest must be allowed by the coun-
ty commissioners before they can be paid: State v. Hagerty, 11 C. C. 226; 5 O. D. 215.
This section does not authorize the county to pay for service and return of a special venire for jurors
to fill up the panel: State ex rel. v. Root, 46 O. Š. 510.
(1230—1) [Fees of sheriff of Cuyahoga county in land sales.] That
in all counties in which there is a city of the second grade of the first class,
the fees of the sheriff, upon all land sales other than sales under execution,
shall not exceed forty per cent. of that now provided by law, and in no case
shall the fees for any one sale exceed five hundred dollars. [77 v. 163.]
(1230-2) [Master commissioner not to make sales of land except
when bond of sheriff is insufficient.] That in all such counties no master
commissioner shall have power to make any sale of real estate hereafter or-
dered except when the bond of the sheriff shall be deemed insufficient to
afford proper security, in which case the court may order the sheriff to give an
additional bond in such sum as the court may direct, with sureties to be ap-
proved by the court and in default thereof may order such sale to be made by
a master commissioner, who shall give such bond as the court may order.
[1880, April 10: 77 v. 163.]
SEC. 1230a. [Fees of sheriff.] The sheriff of any county containing a
city of the first grade of the first class, shall, for services hereinafter specified,
when rendered, receive the fees hereinafter provided, and no more: for the
service of every writ or summons and the return thereof (subpoenas only
excepted), when only one defendant is named therein, forty cents; each addi-
tional defendant twenty cents; levying each writ of execution on real or per-
sonal estate, or the service of an order of arrest upon the body of each defend-
ant named in the writ, forty cents, and mileage as in other cases; every bail
bond, fifty cents; committing to prison or discharging therefrom, seventy-five
cents; attending a person before judge or court seventy-five cents; serving a
writ of possession with the aid of the county two dollars; and without the aid
of the county one dollar; the copy of any writ or process necessary to com-
plete a service, for each hundred words ten cents; for serving and returning a
subpoena for each person named therein fifteen cents; serving and returning a
subpoena for each person named therein to appear before the grand jury, fifteen
614
§ 12306.
SHERIFF AND CORONER.
Tit. VIII, Ch. 8.
cents, to be paid by the county upon the certificate of the court; serving and
returning venire for petit or grand jury, traveling fees included, to be paid by
the county, six dollars; or removing a jury, to be allowed on each issue, includ-
ing traveling fees, fifty cents; summoning a special jury, including traveling
fees, six dollars; traveling fees upon all writs, precepts and subpoenas, from
place of return to place of service, ten cents per mile; poundage on all moneys
actually made and paid to the sheriff on execution, decree, or sale of real estate
(except on writs for the sale of real estate in partition) one and one-half per
centum on the first thousand dollars, and one per centum on all sums over one
thousand dollars; but where such real estate is bid off and purchased by a
party entitled to part of the proceeds, the sheriff shall not be entitled to any
poundage except on the amount over and above the claim of such party; serv-
ice of copy of pleading and return, the same fees as are allowed for the service
of a summons, including mileage, as herein provided; making a deed of land
sold on execution, decree, or order of court, to be paid by the purchaser, three
dollars; serving any person with an order of court and making return thereof,
forty cents, and mileage, as on service of summons; calling a jury fifteen cents;
opening court and calling each action to be charged but once each term of the
court in which the cause is pending, fifteen cents; calling each witness, eight
cents; bringing up a person on habeas corpus, one dollar; summoning a jury
in forcible entry or detainer, or in forcible entry only two dollars; serving a
writ of restitution, one dollar, and mileage therein as in other cases; calling an
inquest to appraise lands and tenements under execution, one dollar and fifty
cents; making an inquisition and a copy thereof, two dollars; all advertisements
in a newspaper, forty cents, in addition to the cost of printing; all written
advertisements for the sale of property, either real or personal forty cents;
executing a writ of partition one dollar and fifty cents and traveling fees as in
other cases; selling real estate under an order of court in partition, three-quar-
ters of one per centum, where the amount of the sale does not exceed two
thousand dollars, and one-half per centum on the amount over and above that
sum. [1887, March 18: 84 v. 118, 119.]
Another 1230a, enacted May 4, 1891 (88 v. 578), was repealed in 89 v. 271.
SEC. 1230b. [Fees and compensation of sheriff in counties of 22,500
or more.] In all counties which at the last preceding federal census had a
population of twenty-two thousand five hundred or more, and for which there
is no provision made by law for the payment of the sheriff, he shall receive the
following fees and compensation: For the service of every writ or summons
and the return thereof (subpoena only excepted), when only one defendant is
named therein, twenty-five cents; additional defendant, fifteen cents; levying
each writ of execution on real or personal estate, or the service of an order of
arrest upon the body of each defendant named in the writ, twenty-five cents,
and mileage as in other cases; every bail bond, thirty cents; committing to
prison or discharging therefrom, fifty cents; attending before judge or court,
fifty cents; to be paid by the county unless upon a conviction, in which case
it shall be taxed in the cost bill and paid by the state; serving a writ of pos-
session with the aid of the county, one dollar and twenty-five cents; and with-
out the aid of the county, sixty cents. The copy of any writ or process neces-
sary to complete service, for each one hundred words, six cents; serving and
returning a subpoena for each person named therein, ten cents; serving and re-
turning a subpoena for each person named therein to appear before the grand
jury, ten cents, to be paid by the county upon the certificate of the clerk;
serving and returning regular venire for petit or grand jury, or serving a special
venire for petit jury to fill the panel, to be paid by the county, four dollars
and traveling fees going and returning; for escorting a jury from court to place
of view on each issue, forty cents. Summoning a special jury, including
traveling fees, four dollars; traveling fees upon all writs, precepts and sub-
615
Tit. VIII, Ch. 8.
SHERIFF AND CORONER.
§§ 1231-1234.
pœnas, going and returning, eight cents per mile; provided that where more
than one person be named in such writ, mileage shall be charged for the short-
est distance necessary to be traveled; poundage upon the amount of all sales
(except in writs for the sale of real estate in partition) made by the sheriff on
executions, decree, or sale of real estate one per centum thereof; service of one
copy of pleading and return, the same fees as are allowed for the service of
summons, including mileage, as herein provided; making a deed of land sold
on execution, decree or order of court, to be paid by the purchaser, one dollar
and seventy-five cents; serving any person with an order of court, and making
a return thereto, twenty-five cents, and mileage as on service of summons;
calling a jury, ten cents; opening court and calling each action, to be charged
but once each term of the court in which the cause is pending, ten cents; call-
ing each witness, five cents; bringing up a person on habeas corpus, sixty
cents; summoning a jury in forcible entry or detainer, or in forcible entry only,
one dollar and fifty cents; serving writ with [of] restitution, sixty cents, and
mileage thereon as in other cases; calling an inquest to appraise lands and tene-
ments under execution, one dollar; all advertisements in a newspaper, twenty-
five cents, in addition to the price of printing; all written advertisements for
the sale of property, either real or personal, twenty-five cents; executing a writ
of partition, one dollar, and traveling fees as in other cases; selling real estate
under an order of court in partition, three-fourth of one per centum, where the
amount of the sale does not exceed two thousand dollars, and one-fourth of one
per centum on the amount over and above that sum. [93 v. 426; 92 v. 344;
89 v. 270.]
The punctuation shows that the only sum the sheriff is to receive for attending before a judge, is to be
paid by the county, unless upon conviction, and not jail fees, which come under 1231: Tuall v. Commission-
ers, 40. D. 318; 3 N. P. 112.
Fees of in case of change of venue in criminal cases, see ? 7264.
This section construed with 27264: Commissioners v. Staley, 49 O. S. 373.
This is the only section under which the sheriff can obtain compensation, not otherwise given: Tuall v.
Commissioners, 4 O. D. 318; 3 N. P. 112.
SEC. 1231. [Allowance in criminal cases.] The court of common pleas
in each county shall make an allowance of not more than three hundred dol-
lars, per annum, for the sheriff, for services in criminal cases, where the state
fails to convict, or the defendants prove insolvent, and for other services not
particularly provided for, to be paid out of the county treasury. [73 v. 127,
§ 12; 76 v. 117, §21; (S. & S. 366; S. & C. 633).]
This section construed with 7264: Commissioners v. Staley, 49 O. S. 373.
SEC. 1232. [Mileage on foreign process.] When a sheriff returns any
process issued from the court of common pleas or other court, of any other
county than that in which such sheriff resides, in any other manner than by
himself or his deputy personally, he shall only receive mileage thereon, to be
computed from the office of said officer to the place of service, and back to his
office. [73 v. 127, § 14; 76 v. 117, §22.]
SEC. 1233. [Sheriff's fees in attachment: freeholders' fees.] In all
cases in which an attachment is issued, the sheriff shall be allowed for each
person and parcel of land, served with a copy of an order of attachment, the
same fees as are now allowed by law for levying execution; and in all such
cases, the freeholders required to be called by the sheriff to appraise property,
shall be allowed such fees for their services as the court directs. [73 v. 127,
§ 15; 76 v. 117, § 23; (S. & C. 634).]
SEC. 1234. [Fees in probate court.] The sheriff, for performing the
duties required by law, in the court of probate, shall receive the same fees as
are allowed by law for similar services in the court of common pleas, to be
taxed against the proper parties, by the probate judge. [73 v. 127, § 16; 76 v.
117, § 24; S. & C. 1234.]
See note to Ward v. Russell, 57 O. S. 144, under 719.
?
616
§§ 1235-1239.
SHERIFF AND CORONER.
Tit. VIII, Ch. 8.
SEC. 1235. [Allowance for prisoners; additional for lunatics; prison-
ers for debt.] The sheriff shall be allowed by the county commissioners not
less than forty-five (45c) nor more than seventy-five (75c) cents per day, for
keeping and feeding prisoners in jail but in any county in which there is no
infirmary, the county commissioners may if they think the same just and
necessary, allow any sum not exceeding seventy-five cents per day, for keeping
any idiot or lunatic, and the sheriff shall furnish at the expense of the county.
to all prisoners confined in jail for debt only, fuel, bed, clothing, washing, and
nursing when required, and such other necessaries as the court in its rules shall
designate. [92 v. 288; 73 v. 127, § 17; 62 v. 60, § 1; 76 v. 117, § 25; S. & S.
441 (S. & S. 366; S. & C. 635).]
See ? 7379.
Neither sheriff nor county commissioners are bound to feed an insolvent debtor in jail. He must provide
for himself in what manner he can: Wadsworth v. Wetmore, 6 O. 438.
The compensation provided for sheriffs, for "keeping and providing for prisoners in jail," under this
section, is for services required by 2 7379, and no other or further compensation for such services is provided
for or contemplated by the latter section: In re Lease, ex-Sheriff, 4 C. C. 3.
Where services required by law are performed by the sheriff, and no compensation is provided therefor,
such services must be regarded as gratuitous: Ib.
SEC. 1236. [Mileage fees of sheriffs on foreign capias ad satis-
faciendum.] When the sheriff receives from the court of any other county
than that in which he resides, a writ of capias ad satisfaciendum, and it is neces-
sary for him to convey the defendant or defendants to the jail of the county from
whence such writ has been issued, such sheriff shall receive, on return of said
writ, that the body or bodies are committed to the jail of the proper county, or
discharged from custody by order of the party, eight cents per mile going to,
and six cents per mile returning from said jail, to be computed from the place
of service to the place of return, by the most usual route, and one dollar and
twenty-five cents for every twenty-five miles for transporting and subsisting
each defendant, as aforesaid. [73 v. 127, § 30; 76 v. 117, § 26; (S. & C. 634;
S. & C. 641).]
SEC. 1237. [Fees of sheriff in cases relating to dower.] The sheriff
shall be allowed for services relating to dower: For summoning and swearing
the commissioners, traveling fees, to be computed from the place of return of
his proceedings to the place where the land lies in which said dower is to be
assigned, ten cents per mile. [73 v. 127, § 37; 76 v. 117, § 27; (S. & C. 642).]
SEC. 1238. [Distribution of fees in certain cases.] In all cases where
any sheriff, having levied an execution, and whose term of office has expired,
has returned such execution unsatisfied, or has delivered the same to his suc-
cessor in office before the money could be made thereon, the court shall order
the poundage and fees taxed on such execution to be distributed between such
sheriff and his successor, who has made the money thereon, in such manner
and proportions as the court deems just. [1887, March 21: 84 v. 208, 210;
Rev. Stat. 1880; 73 v. 127, §39; 76 v. 117, §28; (S. & C. 642).]
When the court of common pleas makes an order under the statute to distribute fees between the late
and present sheriff, the supreme court will not interfere unless a strong case of abuse is presented: Avery v.
Ruffin, 4 O. 420.
SEC. 1239. [Coroner's fees; salary in Cuyahoga and Lucas.] Coro-
ners shall be allowed the following fees: For view of a dead body, three dollars;
for drawing all necessary writings, and return thereof, for every one hundred
words, ten cents; for traveling, each mile, to the place of view, ten cents; when
performing the duties of sheriff, the same fees as are allowed to sheriffs for sim-
ilar services. Except that in all counties containing a city of the second or
third grade of the first class, the coroner shall be paid in lieu of fees a salary
of two thousand dollars per annum, payable in monthly installments out of
the county treasury, on the warrant of the county auditor. [92 v. 216; 86 v.
269; 84 v. 208; Rev. Stat. 1880; 29 v. 219, § 6; 76 v. 117, § 29; (S. & C. 639).]
617
Tit. VIII, Ch. 9. CLERK OF COMMON PLEAS COURT.
§§ 1240-1241.
SECTION
1240. Election and term.
1241. Bond.
1242.
Clerk of circuit court.
1243. Vacancy: how filled.
1244. Deputies: how appointed.
1245.
General duties.
CHAPTER 9.
CLERK OF COMMON PLEAS COURT.
1246. Clerk shall make complete record within six
months.
1247. Power to administer oaths, and take acknowl-
edgments and depositions.
1248. Annual report: what to contain.
1249. Secretary of state shall furnish blanks for re-
ports.
1250. Fees for report, and penalty for failing to make.
1251. Quadrennial reports as to male inhabitants
over twenty-one years of age.
1252.
Who shall furnish tally sheets and poll-books of
election; list of persons having served as regular
jurors, etc.
1253. Clerk responsible for safety of law reports,
statutes, etc.
1254. [Repealed.]
SECTION
1255. Indexes of judgments not dormant, to be pre-
pared by clerks of circuit and common pleas
courts.
1256. Index to be made within six months.
1257. Compensation of clerks.
1257-1. Filing, docketing and indexing of judg-
ment of federal courts.
Fees of clerk.
1257-2.
1258.
When expense of transcript of judgment, etc.,
shall be taxed in cost bill.
Clerk shall receive all costs and fees taxed upon
writs, and pay over to person entitled.
1259.
1260. Fees of clerk.
1260a. Clerks of courts of Hamilton county; fees of.
12606. [Repealed.]
1261. Fees in criminal cases: how paid.
Fee for venires for grand jury.
Miscellaneous fees.
1262.
1263.
1264.
Books, stationery, etc.: how procured.
1265.
Money shall be deposited with clerk for fees on
foreign suit.
1266.
Clerk shall file itemized bill of his costs, with
the papers, on judgment being entered.
For the duties of the county clerk under "an act to protect manufacturers, bottlers,
and dealers in ginger-ale, seltzer-water, soda-water, mineral-water, and other beverages
from the loss of their bottles and boxes" (77 v. 140), see? (4364-42) et seq.
For the duties of the county clerk under “ an act for the more effective protection of
persons dealing in timber" (80 v. 195), see? (4364-55) et seq.
Duty to index coroner's inquests, see? (1222—1).
Clerk of Cuyahoga common pleas to make separate indexes of aliens becoming citizens,
90 L. L. 95.
Entitled to receive certified copy of all engrossed bills, see ? (70—1).
Upon circuit court's request to furnish stationery, reports, statutes and codes, see ? 454.
To certify to secretary of state the election or appointment of a justice of the peace
to fill vacancy, see ? 567.
Custodian of wheel for drawing of jurors for city and justices court in Toledo, see
¿ (6549—2).
Sections 1240, 1241, 1242, and 1245, cited in Bolles v. Stockman, 42 O. S. 448, 449.
SEC. 1240. [Election and term of office.] There shall be elected trien-
nially, in each county, a clerk of the court of common pleas, who shall hold
his office three years, beginning on the first Monday of August next after his
election. [90 v. 63; 50 v. 104, §1; 69 v. 97, §6; S. & C. 232.]
See ?? 18, 1020, 1164.
This act is valid-the legislature may fix a time when the clerk's term shall begin: State ex rel. v. Mc-
Cracken, 51 0. S. 123, and his predecessor holds until he is elected and qualified: State ex rel. v. Killits, 8 C. C. 30;
10. D. 561.
H. was elected clerk of court, Nov. 1894, for a term of 3 years, beginning the 1st Monday of Aug. 1895.
May 1897, he resigned and M. was appointed clerk pro tem., by the county commissioners. Held, M. holds
office for the remainder of the term: Harte v. Bode et al., 4 N. P. 421; to same effect see State ex rel. v. Bader
et al., 58 O. S. 384.
SEC. 1241. [Bond.] Before entering upon the discharge of his duties,
the clerk shall give bond to the state, in such sum as may be fixed by the
county commissioners, not more than forty thousand dollars, and not less than
ten thousand dollars, with sureties to be approved by the commissioners, and
conditioned that he will pay over all moneys that are by him received in his
official capacity, and that he will enter and record all the orders, decrees, judg-
ments, and proceedings of the courts of which he is by law the clerk, and
faithfully and impartially discharge and perform all the duties of his office;
which bond, with his oath of office and the approval of the commissioners
618
§§ 1242-1246.
CLERK OF COMMON PLEAS COURT.
Tit. VIII, Ch. 9.
indorsed thereon, shall be deposited with the treasurer of the county. [50 v.
104, § 2; S. & C. 232.]
A clerk is not bound to issue process without a written precipe is filed. In assigning a breach of the
bond of a clerk, it is requisite to be particular enough to apprise the defendant of the matter complained of:
Stete v. Caffee, 6 0.150.
The issuing of letters of guardianship by a clerk before the guardian has given bond, was not a breach
of the clerk's official bond so as to charge his sureties: State v. Sloane, 20 O. 327.
The county commissioners may sue on the clerk's official bond to recover fines, fees, and costs received
by him: State v. Piatt, 15 0.15; and to recover unclaimed costs which he neglects to pay over: State v. Orr, 16
O. S. 522.
Where clerk was appointed by the court, appointment does not take effect until entered on the minutes
and bond filed, and there is no vested right in the office until this is done: State ex rel. Goodin v. Judges of
Common Pleas Court, 7 O. (1 pt.) 134.
Clerk is liable for failing to issue summons on a precipe: R. R. v. Weedon, U. S. Circuit Court Appeals,
37 W. L. B. 126.
"Public funds' defined: State v. Hobson, Editorial, 37 W. L. B. 424.
SEC. 1242. [Clerk of circuit court.] The clerk of the common pleas
court in each county shall also be clerk of the circuit court of his county.
[1885, February 7: 82 v. 16, 27; Rev. Stat. 1880; 50 v. 104, § 3; (S. & C. 232).]
SEC. 1243. [Vacancy to be filled pro tempore by county commis-
sioners; if they fail to appoint, auditor shall appoint.] When a vacancy in
the office of clerk occurs, the county commissioners shall appoint a clerk pro
tempore, who shall give bond and take the oath of office, as prescribed for the
clerk elect; and if the commissioners are not in session on the occurring of
such vacancy, the county auditor shall forthwith give written notice to them
of the fact, and they shall thereupon meet and make the appointment; but if
the commissioners fail to appoint, for ten days after they, severally, have had
notice of the vacancy, the appointment shall be made by the county auditor.
[69 v. 97, § 6; 50 v. 104, § 7; S. & C. 233.]
While the court of common pleas had the appointment of the clerk, it was held the appointment must
be the act of the court, made in open court, and entered on the minutes, and the announcement from the
bench of such appointment did not preclude the court from refusing to have it entered on the minutes, and
even if entered, the court might refuse to accept the bond, and rescind the order: State v. Judges, 7 O. (1 pt.)
134; de facto judges might make the appointment: State v. Alling, 12 O. 16.
Under the statute of January 31, 1852 (50 v. 104), the office of clerk pro tempore terminated whenever the suc-
cessor elected at the regular election had qualified himself by a compliance with the law in giving bond and
taking the oath of office; and the successor was elected for the full term, commencing on the day of his elec-
tion: State v. Neibling, 6 O. S. 40.
See note to Harte v. Bode et al., 4 N. P. 421, under 2 1240.
SEC. 1244. [Clerk may appoint deputies.] The clerk may appoint one
or more deputies, to be approved by the court of common pleas, if in session,
or by one of the judges of said court, if it is not in session: the appointment
shall be by certificate, signed by the clerk which, with the approval of the
court or judge, shall be entered on the journal. [58 v. 13, 4; S. & S. 70;
(S. & C. 233).]
Where a writ bears the proper test, and is signed by the deputy clerk, it is sufficient, although it would
be more technically correct for the deputy to sign for his principal: Walke v. Bank of Circleville, 15 O. 288;
Chapin v. Allison, 15 O. 566.
As to powers of deputies, see Hulse v. State, 35 O. S. 421, under 2 5188.
SEC. 1245. [General duties.] The clerk shall indorse on every pleading
or paper in a cause filed in his office, the time of filing, and enter all orders,
decrees, judgments, and proceedings of the courts of which he is by law the
clerk, and make a complete record of every cause, unless such record is by law,
or the order of the court, dispensed with, and pay over to the proper parties
all moneys coming into his hands as clerk. [50 v. 104, §2; S. & C. 232.
Indorsement of security for costs made after suit brought, no order of court requiring such indorsement
appearing in the minutes of the proceedings, is not a part of the record: Noble v. Shearer and Markley,
6 O. 427.
The signature of the presiding judge to the final order of a case is not necessary to its validity. The
record, as made out by the clerk, can be used in evidence before the judge has signed it: Osburn v. State, 7 O.
(1 pt.) 212.
Clerk is liable for failing to issue summons on a precipe: B. O. R. R. Co. v. Weedon, U. S. Cir. Court
Appeals, 37 W. L. B. 126.
SEC. 1246. [Clerk shall make complete record, and on failing, may
be removed.] The clerk shall make a complete record of each cause within
six months after final judgment or order of the proper court, unless by order
on the journal, a record is dispensed with; and on his failing to make such
619
Tit. VIII, Ch. 9. CLERK OF COMMON PLEAS COURT.
SS 1247-1252.
record within the time above named, he may be removed by the court of com-
mon pleas. [50 v. 104, § 9; S. & C. 234.]
SEC. 1247. [Powers of clerk as to oaths and acknowledgments.]
The clerk may administer oaths, and take and certify affidavits and deposi-
tions, and acknowledgments of deeds, mortgages, powers of attorney, and
other instruments of writing. [61 v. 3, § 1; S. & S. 71; (S. & C. 234).]
SEC. 1248. [Annual report as to crimes, and what to contain.] The
clerk shall, annually, within ten days after the first day of July, report to the
secretary of state, for the year next preceding the first day of July, the num-
ber of indictments, specifying the number of persons indicted, and for what
crimes, the result of prosecution for each crime, whether execution, imprison-
ment in the penitentiary, imprisonment in jail, fine, acquittal, nolle prosequi,
failure to arrest, escape, or death, or whether still pending; also, the total costs,
the amount taxed against defendants, and the amount collected; the total
amount of fines assessed, the amount collected, and the amount probably col-
lectible; the total amount of forfeited recognizances, the amount collected, and
the amount probably collectible; the number of cases under each class of
crimes wherein the counsel for defense was paid by the county, and the
average allowance of each class; and the number of each class of crimes prob-
ably committed under the influence of intoxicating liquor; and also the num-
ber of indictments pending at the end of the previous year, and for what
crimes; the number of indictments found within the year, and for what
crimes; and the number of indictments pending at the close of the year, and
for what crimes; and such other information as the secretary of state requires.
[64 v. 17, §§ 1, 2; S. & S. 74.]
SEC. 1249. [Blanks shall be furnished by secretary of state.] The
blanks for the annual reports shall be furnished by the secretary of state, so
arranged as to embrace every item required to be specified therein. [64 v. 17,
§ 2; S. & S. 74.]
SEC. 1250. [Fees for report; forfeiture for not making the same.]
The clerk, for making such annual report, is entitled to the following fees:
For each case reported, not exceeding fifty cases, twenty-five cents, and for every
additional case, ten cents; but any clerk failing to make said report, within
the time above limited, shall forfeit twice the amount of the fees to which he
would be entitled, which amount shall be, by the county commissioners,
deducted from his compensation at their first session after the time limited for
said report, if the same has not been made. [64 v. 17, §§ 2, 3; S. & S. 74, 75.]
SEC. 1251. [Quadrennial reports as to male inhabitants over twenty-
one years of age.] The clerk shall make out and transmit to the auditor of
state, on or before the first day of September, in each year in which the enu-
meration of the male inhabitants over twenty-one years of age is taken, an
abstract of said enumeration in his county, showing the number, designating
those therein returned as colored;" and he shall make and deliver to the
auditor of his county a like abstract; and upon his failure to make, transmit,
or deliver either of said abstracts, as herein required, he shall forfeit and pay
any sum not more than fifty dollars nor less than five dollars, to be recovered
by action. [60 v. 65, §§ 2, 3; S. & S. 22; (S. & C. 1251).]
(C
SEC. 1252. [Who shall furnish tally-sheets and poll-books of election;
list of persons having served as regular jurors, etc.] The deputy state
supervisor shall furnish, at the expense of the county, and at least five days
before the day of election, all the necessary poll-books and tally-sheets required
in each voting precinct in the county, for all presidential, congressional, state,
county, municipal, township or other elections. They shall furnish and
deliver to the trustees of each township, and the councilmen of each ward, at
620
$ 1253.
CLERK OF COMMON PLEAS COURT. Tit. VIII, Ch. 9.
each state election, a correct list, in alphabetical form, of the names of all the
regular jurors who have served in any court of record from such township or
ward in said county during the two years last past. [90 v. 277; 89 v. 424; 88
v. 468; 82 v. 166; Rev. Stat. 1880; 75 v. 160, § 1.]
SEC. 1253. [Law reports, statutes, and other books of court library:
clerk responsible for.] The clerk shall receive and safely keep the law reports
and other books furnished by the state for the use of the court and bar; they
shall have legibly printed on the cover the words: "The property of
county," inserting the name, and shall be kept in a book case, furnished by
the county commissioners; and the clerk shall be responsible for the safety
and preservation of said books, and in case any of them are lost or destroyed,
he shall be liable therefor, unless the loss or destruction has been by unavoid-
able accident. [68 v. 109, §2.]
SEC. 1254. [Repealed 1881, March 24: 78 v. 88. Former statutes: Rev.
Stat. 1880; 75 v. 103, §1.]
SEC. 1255. [Indexes of judgments not dormant to be prepared by
clerks of circuit and common pleas courts.] The clerks of the several com-
mon pleas, circuit and superior courts shall make an alphabetical index of the
names of all plaintiffs and defendants to pending suits and living judgments,
showing therein, in separate columns the names, court and number of the suit
or execution, and when there is more than one suit or judgment for or against
the same party, it shall be sufficient to index the name but once and make
entries opposite thereto, of the court and the number of the suit or execution;
provided, that no such index shall be made in counties where the same has
already been done. [1889, February 8: 86 v. 26; 82 v. 16; 78 v. 88; Rev. Stat.
1880; 75 v. 103, § 2.]
No compensation is provided from the county for the clerk for making and continuing or completing
indexes of pending suits and living judgments: Clark v. County Commissioners, 58 O. S. 107, affirming 4 N. P.
42; 6 O. D. 145; 14 C. C. 349; 7 O. D. 427.
See note to same case under ¿ 1263.
SEC. 1256. [Index to be made within six months; proviso.] The
index required by the preceding section shall be made within six months from
the passage of this act, and thereafter all new suits shall be so indexed at the
time of the filing of the petition and all judgments at the time of the filing of
the rendition, revival or a transcript thereof; provided, however, that whenever
the court of common pleas of any county containing a city of the second grade,
first class, shall direct, the clerk of said court shall make a re-index, in the
manner provided in the preceding section, of all pending suits and living judg-
ments, then on the dockets of any or all of said courts, in which said re-index
all new suits shall be so indexed at the time of the filing of the petition
and all judgments at the time of the filing of the rendition, revival or a tran-
script thereof. [88 v. 72; 86 v. 26; 82 v. 16, 39; 78 v. 88; Rev. Stat. 1880;
75 v. 103, § 3.]
SEC. 1257. [Compensation of clerks.] The clerk shall receive the same
fee for making such indexes, as is provided by law for making indexes to
judgments, and whenever any such re-index is made by him, by the order of
the court, as provided in the preceding section, the clerk shall receive for re-in-
dexing each pending suit and each living judgment then upon the dockets of
any of said courts, and actually re-indexed by him, the sum of fifteen cents,
payable out of the county treasury. [88 v. 73; 86 v. 26; 82 v. 16; Rev. Stat.
1880; 75 v. 103, § 4.]
No compensation is provided from the county for the clerk for making and continuing or completing
indexes of pending suits and living judgments: Clark v. County Commissioners, 58 O. S. 107, affirming 4 N. P.
42; 6 O. D. 145; aff'd 14 C. C. 349; 70. D. 427.
See note to same case under ¿ 1263.
(1257—1) SEC. 1. [Filing, docketing and indexing of judgments of fed-
eral, district or circuit courts.] Any person interested may file or cause to
621
Tit. VIII, Ch. 9. CLERK OF COMMON PLEAS COURT.
§ (1257-2).
be filed in the office of the clerk of the court of common pleas in this state, a
copy of any judgment rendered by any district or circuit court of the United
States, in any district in Ohio, certified by the clerk of and under the seal of
such court of the United States, and when so filed, such judgment shall be en-
tered upon the execution docket of such court, and indexed in the same manner
as is provided for filing, entering and indexing judgments of justices of the
peace. [93 v. 285.]
(1257-2) SEC. 2. [Fees of clerk.] The same fees shall be taxed,
charged and received, and in the same manner collected by said clerk, for said
service, as is provided in case of filing transcripts of judgments rendered by
the justice of the peace. [93 v. 285.]
SEC. 1258. [When expense of transcript of judgment, etc., shall be
taxed in cost bill.] When, in any proceeding in error, or other civil action or
proceeding, it is necessary to procure a transcript of any judgment or proceed-
ing. or exemplification of any record, as evidence in such action or for any
other purpose, the expense of procuring such transcript or exemplification,
shall be taxed in the bill of costs and recovered as in other cases. [56 v. 39,
$1; S. & C. 647.]
SEC. 1259. [Clerk shall receive all costs and fees taxed upon writs,
and pay over to person entitled.] Every clerk of every court of record shall
receive from the hands of the sheriff, or other officer of the court, all costs
taxed upon any writ or order issued from the court, such as appraisers' fees,
printers' fees, or any other fees necessarily incurred in the execution of any
such writ, and pay the same over to the persons entitled thereto, on demand;
and the sheriff, or other officer of court, shall tax such costs, collect and pay
the same over to the clerk of the court from which the writ or order issued,
giving the name of each individual, and the amount which each is entitled to
receive. [56 v. 21, §1; S. & C. 648.]
SEC. 1260. [Fees of clerk.] The clerk in counties which, by the last
preceding federal census, had a population less than twenty-two thousand five
hundred, shall, for services hereinafter specified, when rendered, receive the
fees herein provided, and no more; he shall administer oaths in pension.
and bounty cases without compensation: Docketing each cause in appearance
docket, four cents; indexing each cause in same, direct and reverse, four cents;
entering the voluntary appearance of plaintiffs and defendants, four cents,
each; filing each precipe, pleading, or other necessary document, four cents;
taking each affidavit, eight cents; issuing each summons, notice, order of arrest,
order of delivery, order of attachment, order of injunction, mandamus, man-
date, execution, habeas corpus, attachment for contempt, order of reference,
writ of dower, writ or [of] partition, order of sale, or any other order or writ
(excepting a subpoena) wherein the number of words does not exceed three
hundred, twenty-five cents, and where the number of words exceeds three hun-
dred, eight cents for each hundred words; taking an undertaking bond or
recognizance, twenty-five cents; taking justification of bail on notice, thirty-
five cents; indorsing or entering allowance of bail, four cents; entering the re-
turn of each writ or order (excepting executions and subpoenas), four cents;
impaneling a jury in each cause tried by a jury, and administering the oath,
twelve cents; a certificate to each tales juror for his fees, four cents; calling and
entering each tales juror, four cents; issuing a subpoena wherein there is but
one witness named, eight cents; for each additional name on the subpoena,
four cents; swearing each witness, and making entry of same, four cents; enter-
ing attendance each witness, four cents; a certificate to each witness for his fee,
four cents; issuing a certificate of qualification of a witness for grand jury,
four cents; entering each cause on the bar and court calendar of each term,
four cents; indexing each cause, four cents for each term the same remains on
622
§ 1260.
CLERK OF COMMON PLEAS COURT. Tit. VIII, Ch. 9.
the docket; for entering an order, verdict, rule or judgment on the journal,
eight cents for each hundred words; transcribing or posting an order, verdict,
rule or judgment on the appearance docket, eight cents; entering an assign-
ment of a judgment or final order, eight cents; entering continuance, dismissal,
or settlement of a cause, eight cents; entering a notice of appeal, eight cents;
entering on the journal the finding of an indictment, eight cents; entering on
the journal any plea not required to be in writing, eight cents; polling a jury
when required, twenty-five cents; drawing a cost bill, which shall be taxed but
once, twenty-five cents; making up a complete record in each cause, eight
cents for each hundred words; making out copies of process, pleadings, records,
files, or any proceedings in a cause with the seal annexed, when required by a
party or the law, eight cents for each hundred words; for indexing judgments
and final orders, for each case, fifteen cents; docketing each execution issued,
four cents; making direct and reverse index to each execution issued, eight
cents; entering and recording the return of an execution, where the number
of words does not exceed one hundred, eight cents; and where the words
exceed one hundred, eight cents for each hundred words; each certificate with
the seal of the court annexed (excepting when affixed to a copy) required by
a party or the law, thirty-five cents; for each certificate to which the seal of
the court is not required, and not herein otherwise provided for, fifteen cents;
for a search of files, records or dockets (excepting for a party or an attorney),
eight cents; taking and entering a declaration of intention to become a citizen
of the United States, and for a certified copy of such entry under the seal
of the court, twenty cents; entering the final admission of an alien to the
rights of citizenship and for a certified copy thereof under the seal of the
court, twenty cents; issuing any license ordered by the court, forty cents;
receiving poll-books of justices' election, certifying elections therefrom, admin-
istering oath, and entering the same of record, seventy-five cents, to be paid
by each justice on receiving his commission; receiving and disbursing money
other than costs and fees paid over to such clerks in pursuance of an order
of court or on judgments, and which has not been collected by the sheriff
or other proper officer, on order or execution, to be taxed against the party
charged with the payment of such money, a commission of one per centum
on the first thousand dollars, and of one-fourth of one per centum on all
exceeding one thousand dollars. The clerk in counties which, by the last
preceding federal census, had a population of twenty-two thousand five
hundred, or more, shall, for services hereinafter specified, when rendered,
receive the fees herein provided, and no more; he shall administer oaths in
pension and bounty cases without compensation: Docketing each cause in
appearance docket, four cents; indexing each cause in same, direct and reverse,
four cents; entering the voluntary appearance of plaintiffs and defendants,
four cents each; filing each precipe, pleading or other necessary document,
three cents; taking each affidavit, six cents; issuing each summons, notice,
order of arrest, order of delivery, order of attachment, order of injunction,
mandamus, mandate, execution, habeas corpus, attachment for contempt,
order of reference, writ of dower, writ of partition, order of sale, or any other
order or writ (excepting a subpoena) wherein the number of words does not
exceed three hundred, twenty-five cents, and where the number of words
exceeds three hundred, eight cents for each hundred words; taking an under-
taking bond of [or] recognizance, twenty cents; taking justification of bail on
notice, twenty-five cents; indorsing or entering allowance of bail, three cents;
entering the return of each writ or order (except in executions and subpoenas),
four cents; impaneling a jury in each cause tried by jury and administering
the oath, ten cents; a certificate to each tales juror for his fees, four cents;
calling and entering each tales juror, four cents; issuing a subpoena wherein
there is but one witness named, eight cents; for each additional name on the
623
§ 1260.
subpœna, four cents; swearing each witness and making entry of same,
four cents; entering attendance, each witness, four cents; a certificate to each
witness for his fees, four cents; issuing a certificate of qualification of a
witness for grand jury, four cents; entering each cause on the bar and court
calendar of each term, four cents; indexing each cause, four cents for each
term the same remains on the docket; for entering an order, verdict, rule or
judgment on the journal, eight cents for each hundred words; transcribing or
posting an order, verdict, rule or judgment on the appearance docket, six
cents; entering an assignment of a judgment or final order, six cents;
entering continuance, dismissal or settlement of a cause, six cents; entering a
notice of appeal, six cents; entering on the journal the finding of an indict-
ment, six cents; entering on the journal any plea not required to be in writ-
ing, four cents; polling a jury when required, fifteen cents; drawing a cost
bill which shall be taxed but once, twenty cents; making up a complete
record in each cause, eight cents for each hundred words; making out copies
of process, pleadings, records, files, or any proceedings in a cause, with the seal
annexed, when required by a party or the law, eight cents for each hundred
words; for indexing judgments and final orders for each case, fifteen cents;
docketing each execution issued, four cents; making direct and reverse index
to each execution issued, eight cents; entering and recording the return of an
execution, where the number of words does not exceed one hundred, eight
cents; and where the words exceed one hundred, eight cents for each hundred
words; each certificate with the seal of the court annexed (excepting when
affixed to a copy), required by a party or the law, twenty-five cents; for each
certificate to which the seal of the court is not required, and not herein
otherwise provided for, ten cents; for a search of files, records or dockets
(excepting for a party or an attorney), four cents; taking and entering a
declaration of intention to become a citizen of the United States, and for a
certified copy of such entry, under the seal of the court, twenty cents; enter-
ing the final admission of an alien to the rights of citizenship, and for a certi-
fied copy thereof, under the seal of the court, twenty cents; issuing any
license ordered by the court, twenty cents; receiving poll books of justices'
election, certifying elections therefrom, administering oath, and entering the
same of record, fifty cents, to be paid by each justice on receiving his commis-
sion; receiving and disbursing money other than costs and fees paid over
to such clerks in pursuance of an order of court, or on judgments, and which
has not been collected by the sheriff, or other proper officer, on order of [or]
execution, to be taxed against the party charged with the payment of such
money, a commission of one per centum on the first thousand dollars, and of
one-fourth of one per centum on all exceeding one thousand dollars. [90 v.
110; 88 v. 578–581; 73 v. 127, §§ 5, 6; 46 v. 95, § 2; 76 v. 117, § 16; 60 v. 114,
§ 1; S. & C. 1148; S. & S. 658 (S. & C. 628; S. & S. 360).]
Tit. VIII, Ch. 9. CLERK OF COMMON PLEAS COURT.
For compensation of clerk in Hamilton county, see ? 1341 et seq.; in Cuyahoga county,
see ? (1365-1).
As to fees for filing, etc., judgments of federal courts in Ohio, see ? (1257—2).
Unless a statute authorizes it, no payment can be made for any work done by the clerk out of the county
treasury; his services are considered gratuitous: Commissioners v. Welliver, 12 C. C. 445; 5 O. D. 569.
Sections 1261, 1262, 1263, 1264 and 5339a, are the only sections authorizing the clerk's payment of any fees
out of the county treasury: Id.
To same effect: Clark v. Commissioners, 58 O. S. 107.
Each figure should be counted as a word; 1894 to be counted as 4 words: Corzelious, administrator v.
Buckholz, 39 W. L. B. 94.
See note to Commissioners v. Millard, 4 N. P. 53; 4 O. D. 419, under 22 545, 1325, 4957.
Court calendar here is the same as trial docket in
53; aff'd on this op. 7 0. D. 115; 13 C. C. 518.
See note to Clark v. County Commissioners, under
4957: Commissioners v. Millard, 4 O. D. 419; 4 N. P.
1255.
As to fees for journal entries of recognizances from magistrates: see note to Commissioners v. Welliver,
12 C. C. 443; 5 O. D. 569, under 7155.
•
624
§ 1260a.
CLERK OF COMMON PLEAS COURT. Tit. VIII, Ch. 9.
SEC. 1260a. [Clerks of courts of Hamilton county: fees of.] The
clerks of the several courts of common pleas, district courts and superior courts
of Hamilton county shall, for services hereinafter specified, when rendered,
receive the fees herein provided, and no more; he shall administer oaths in
pension and bounty cases without compensation. Docketing each cause in
appearance docket, six cents; indexing each cause in same, direct and reverse,
six cents; entering the voluntary appearance of plaintiffs and defendants, six
cents; filing each precipe, pleading, or other necessary document, except
motions, five cents; filing each motion, ten cents; taking each affidavit, fifteen
cents; issuing each summons, notice, order of arrest, order of delivery, order
of attachment, order of injunction, mandamus, mandate, execution, habeas
corpus, attachment for contempt, order of reference, writ of dower, writ of par-
tition, order of sale, or any other order or writ, excepting a subpoena, wherein
the number of words does not exceed three hundred, thirty cents; and where
the number of words exceeds three hundred, ten cents for each hundred words;
taking undertaking, bond or recognizance, thirty cents; taking justification of
bail on notice, thirty-five cents; indorsing or entering allowance of bail, five
cents; entering the return of each writ or order, excepting executions and sub-
pœnas, five cents; impaneling a jury in each cause tried by a jury, and admin-
istering the oath, fifteen cents; a certificate to each tales juror, for his fees, ten
cents; calling and entering each tales juror, five cents; issuing a subpoena
wherein there is but one witness named, ten cents; for each additional name
on the subpoena, five cents; swearing each witness and making entry of the
same, five cents; entering attendance, each witness, five cents; a certificate to
each witness for his fees, ten cents; issuing a certificate of qualification of a
witness for grand jury, five cents; entering each cause on the bar and court
calender each term, ten cents; indexing each cause, ten cents for each term
the same remains on the docket; for entering an order, verdict, rule, or judg-
ment on the journal, twelve cents for each hundred words; transcribing or
posting an order, verdict, rule or judgment, on the appearance docket, ten
cents; entering an assignment of a judgment or final order, ten cents; entering
continuance, dismissal, or settlement of a cause, ten cents; entering a notice of
appeal, ten cents; entering on the journal the finding of an indictment, ten
cents; entering on the journal any plea not required to be in writing, ten cents;
polling a jury when required, twenty-five cents; drawing a cost bill, which
shall be taxed but once, forty cents; making up a complete record in each
cause, ten cents for each hundred words; making out copies of process, plead-
ings, records, files, or any proceedings in a cause, with the seal annexed, where
required by a party or the law, ten cents for each hundred words; for indexing
judgments and final orders, for each case, fifteen cents; docketing each execu-
tion issued, five cents; making direct and reverse index to each execution
issued, ten cents; entering and recording the return of an execution where
the number of words does not exceed one hundred, ten cents; and where
the words exceed one hundred, ten cents for each hundred words; each cer-
tificate with the seal of the court annexed, excepting when affixed to a
copy, required by a party or the law, thirty-five cents; for each certificate
to which the seal of the court is not required, and not herein otherwise
provided for, fifteen cents; for a search of files, records, or dockets, excepting
for a party or an attorney, ten cents; taking and entering a declaration of
intention to become a citizen of the United States, and for a certified copy of
such entry, under the seal of the court, twenty cents; entering the final admis
sion of an alien to the rights of citizenship, and for a certified copy thereof,
under the seal of the court, twenty cents; issuing any license ordered by the
court, forty cents; receiving poll-book of justices' election, certifying elections
therefrom, administering oath and entering the same of record, seventy-five
cents, to be paid by each justice on receiving his commission; receiving and
625
Tit. VIII, Ch. 9.
disbursing money, other than costs and fees paid over to such clerks, in pur-
suance of an order of court, or on judgments, and which has not been collected
by the sheriff, or other proper officer, on order or execution, to be taxed
against the party charged with the payment of such money, a commission of
one per centum on one thousand dollars, and one-half of one per centum on
all amounts exceeding one thousand dollars; issuing venire for jury, twenty-
five cents; approving each undertaking, bond, or recognizance, five cents; for
entering each default on the appearance docket, ten cents; for entering each
order to appear or advertise, twenty cents; entering proof of publication and
filing, fifteen cents; entering appointment of guardian, ten cents. [1884, April
14: 81 v. 200.]
CLERK OF COMMON PLEAS COURT. §§ 12606-1263.
For compensation of clerk in Hamilton county, see 1341 et seq.; for compensation of
clerk in Cuyahoga county, see ? (1365—1).
As to fees for filing, etc., judgments of the federal courts in Ohio, see ? (1257—2).
SEC. 1260b. [Enacted in 89 v. 386; 88 v. 578-581, is repealed 90 v. 113.]
SEC. 1261. [Fees in criminal cases: how paid.] The fees accruing to
the clerk for services rendered by him in any criminal cause, wherein the state
fails to convict or collect the costs, after due and diligent effort made therefor,
shall be paid out of the county treasury, on the warrant of the county auditor,
which shall issue upon the certificate of said clerk, approved by the county
commissioners; but no such certificate shall be approved by the county com-
missioners until the clerk has made report to and settled with them as required
by law; and not more than three hundred dollars shall be paid in any one
year. [73 v. 127, §7; 76 v. 117, § 17; (S. & C. 629; S. & S. 361, 363).]
Fees of, in case of change of venue in criminal cases, see ? 7264.
Cited Commissioners ". Welliver, 12 C. C. 441; 5 O. D. 569.
SEC. 1262. [Fees for venire for grand jury.] For drawing each grand
jury and issuing a venire therefor, the clerk shall receive a fee of seventy-five
cents; certifying for fees for each grand juror, eight cents; and for all services
rendered to the grand jury, he shall receive the same fees as are allowed for
similar services in a cause pending in court, the same to be paid out of the
county treasury, in the same manner as the fees specified in the preceding sec-
tion. [73 v. 127, §8; 76 v. 117, § 18; (S. & C. 629; S. & S. 361).]
Cited: Commissioners v. Welliver, 12 C. C. 441; 5 O. D. 569.
See note to same case under 2 7199
See note to same case under 2 7189.
SEC. 1263. [Miscellaneous fees.] The clerk shall receive from the treas-
urer, in the same manner as the fees specified in the last two preceding sections,
the following fees: For making out abstracts of elections (except justices' elec-
tions), for each hundred words, eight cents; each certificate, with the seal of
the court attached to abstract, thirty-five cents; certifying for fees for judges
and clerks of election, eight cents, each; certifying the enumeration of white
male citizens over the age of twenty-one years to the secretary of state, seventy-
five cents, and for filing each list of such enumeration, eight cents; apportion-
ing jurors to the several townships, copying the names, and placing the same
in the jury-box, two dollars and fifty cents, annually; making up and comple-
ting general indexes, direct and reverse, of all judgments, final orders, and
decrees, eight cents for each cause; making out lists of unclaimed costs, and
paying the same to the treasurer, five per centum on the amount of money
paid; reporting, annually, to the county commissioners the amount of fines
assessed by the court, seventy-five cents; reporting, annually, to the prosecu-
ting attorney the amount of fines and costs, collections thereon, etc., two dollars
and fifty cents; reporting, annually, to auditor of state as to collection of costs.
in penitentiary cases, seventy-five cents; each civil jury list certified to county
41
626
§§ 1264-1266.
CLERK OF COMMON PLEAS COURT. Tit. VIII, Ch. 9.
treasurer, forty cents. [73 v. 127, § 9; 76 v. 117, § 19; (S. & C. 629; S. & S. 361).]
Cited Commissioners v. Welliver, 12 C. C. 441; 5 O. D. 569.
This section provides compensation for the making of a general index of judgments in common pleas
court and this payment is not limited to cases under 2 5339: Id.
And though the clerk received pay for this service from litigants: Id.
Clerk entitled to pay for keeping up and completing general indexes direct and reverse of all judgments,
final orders and decrees. The number of plaintiffs and defendants in a suit is immaterial, the clerk is entitled
to only one fee for indexing direct and reverse, the suit without regard to the number of parties: Clark v.
Commissioners, 58 O. S. 107; affirming 14 C. C. 349; 7 O. D. 427.
But for indexing pending suits and living judgments and indexing executions issued, he can recover
nothing from the county treasury: Id.
Not applicable to indexing cost bills: Commissioners v. Millard, 4 N. P. 53; 4 O. D. 419.
Also see same case under 545, 1325, 4957: Id.
SEC. 1264. [Books, stationery, etc.: how procured.] The county com-
missioners shall furnish to the clerk all blank books, including the printed trial
dockets, as provided for in the amendment to section four thousand nine hundred
and fifty-seven, blanks, stationery, and all things necessary to the prompt dis-
charge of his duty, all which articles the clerk may procure, and shall be allowed
for upon his certificate; and the clerk of courts shall not make any charge what-
ever for certificates made for pensioners of the United States government, or any
oath administered on pension vouchers, applications, or affidavits. [1889.
April 2: 86 v. 174; Rev. Stat. 1880; 73 v. 127, § 10; (S. & C. 630; S. & S. 362).]
The clerk is not authorized by law to fix conclusively the amounts which shall be paid by the county for
blanks, or other things necessary to the prompt discharge of his duties, which he may have procured: State v.
McConnell, 28 O. S. 589.
Reasonable compensation should be allowed for the making of a copy of a trial docket for the printer:
Commissioners v. Welliver: 12 C. C. 441; 5 O. D. 569.
SEC. 1265. [Money shall be deposited for fees on foreign writ: indorse-
ment and payment.] The clerk shall not issue a writ in a civil action to any
other county, until the party requiring the issuing thereof, has deposited with
him sufficient funds to pay the officer to whom it is directed for executing the
same; and the clerk shall indorse thereon the words: "Funds deposited to pay
for the execution of this writ;" and on the return thereof, the clerk shall pay
to the officer the fees for executing the same; and no officer shall be obliged to
serve such writ unless it is so indorsed. [73 v. 127, §§ 31, 32; (S. & C. 641).]
SEC. 1266. [Clerk shall file itemized bill of his costs, with the papers,
on judgment being entered.] The clerk shall, in every case immediately on
the rendition of judgment, make out and file with the papers in the cause, an
itemized bill of his costs therein, including the judgment; and he shall not
issue an execution in any cause for the costs of himself or of any other officer,
or receive any costs for himself or any other officer, unless an itemized state-
ment has been rendered as required by law.
627
Tit. VIII, Ch. 10.
PROSECUTING ATTORNEY.
§§ 1267-1270.
CHAPTER 10.
SECTION
PROSECUTING ATTORNEY.
1267. Election and term of office of prosecuting attorney.
1268. Who ineligible as a candidate for prosecuting at-
torney.
1269. Bond.
1270. Vacancy: how filled; and in case of disability
assistant shall be appointed.
1271. Assistant prosecuting attorneys in Hamilton, Çuyɑ-
hoga, Franklin, and Lucas counties; salary;
term.
1272. How prosecuting attorney may be removed.
1273. General duties of the prosecuting attorney.
1274. He shall be the legal adviser of the county of
ficers.
1275. Nolle prosequi not valid unless entered by
leave of the court.
1276. Duty of prosecuting attorneys as to official bonds.
1277. Shall prevent, by injunction, misapplication of
funds.
SECTION
1278. If he fail, any tax-payer may do so.
1278a. Allowance of tax-payer's costs; prosecuting
attorney's compensation and expenses.
1279. His duties as to trees on public grounds in-
jured.
1280.
1281.
Shall sell unclaimed stolen property, etc., after
trial.
Also before trial when thief is not taken or es-
capes.
1282. Shall report criminal statistics to the attorney-
general.
1282-1. Secret service officer; appointment: term.
1282-2. Removal.
1282-3. Powers, bond, oath, etc.
1282a. Solicitor of Cuyahoga county; election, etc.
1282a-1. Assistant solicitor.
1282a-2. Solicitor's clerk.
12826. To make report to county commissioners.
1282c. Solicitor pro tempore; successor's election.
SEC. 1267. [Election and term of office of prosecuting attorney.]
There shall be elected, triennially, in each county, a prosecuting attorney, who
shall hold his office for three years, beginning on the first Monday of Septem-
ber next after his election. [93 v. 125; 78 v. 260; Rev. Stat. 1880; 50 v. 215,
$1; (S. & C. 1225).]
SEC. 1268. [Who ineligible as a candidate for prosecuting attorney.]
No person shall be eligible as a candidate for, or be elected to, the office of prose-
cuting attorney, who is not an attorney and counsellor at law, duly licensed to
practice in this state; and no prosecuting attorney shall be a member of the
general assembly of this state, or mayor of any city or village; and no county
treasurer, county auditor, county recorder, county surveyor, or sheriff, shall
be eligible as a candidate for, or elected to, the office of prosecuting attorney.
(50 v. 215, §9.) [1880, March 9: 77 v. 42; Rev. Stat. 1880; (S. & C. 1227).]
See ?? 18, 558, 1020, 1164.
SEC. 1269. [His bond.] Before entering upon the discharge of his duties,
the prosecuting attorney shall give bond to the state, with sureties to be
approved by the court of common pleas or the probate court, in the sum of not
less than one thousand dollars, to be fixed by either of said courts, conditioned
that he will faithfully discharge all the duties enjoined upon him by law, and
pay over, according to law, all moneys by him received in his official capacity;
which bond, with the approval of one of said courts of the amount thereof and
sureties thereon, and his oath of office indorsed thereon, shall be deposited with
the county treasurer. [50 v. 215, §3; S. & C. 1225.]
An omission in the official bond of the condition requiring him to pay over all moneys received by him
in his official capacity, is cured by section seven, R. S.: State ex rel. v. Slough, 12 C. C. 111; 5 O. D. 697.
SEC. 1270. [Vacancy: how filled; assistant shall be appointed; shall
give bond and take oath of office; compensation.] In case of vacancy in the
office of prosecuting attorney, the court of common pleas shall appoint a prose-
cuting attorney; and in case of sickness or other disability of the prosecuting
attorney, preventing him from discharging his duties, said court shall appoint
an assistant prosecuting attorney to perform the duties of the office till such
disability is removed or a prosecuting attorney is elected or appointed and
qualified; and any person appointed prosecuting attorney, or assistant prose-
cuting attorney, shall give bond and take the oath of office prescribed for the
prosecuting attorney; and such assistant prosecuting attorney shall receive
628
§§ 1271-1272.
PROSECUTING ATTORNEY.
Tit. VIII, Ch. 10.
such compensation as the court fixes and the county commissioners allow.
[72 v. 33, §7; (S. & C. 1220).]
See ?? 7196, 7245, and 7246.
An attorney appointed to assist the prosecuting attorney in the trial of a case, need not be sworn or give
bond: Martin v. State, 16 O. 364.
Under the act of April 30, 1852 (50ļv. 215), the resignation of a prosecuting attorney could be accepted only
in term: State v. Brown, 12 O. S. 614.
A prosecuting attorney appointed to fill a vacancy, holds until his successor is elected and qualified:
State ex rel. v. Slough, 12 C. C. 105; 5 O. D. 697.
The vacancy occurring Sept. 13, the election of the successor at the November election is proper: Id.
SEC. 1271. [Assistant prosecuting attorneys in Hamilton, Cuyahoga,
Franklin and Lucas counties; salary; term.] In Hamilton county the presid-
ing judge of the court of common pleas, the presiding judge of the superior court
of Cincinnati, and the probate judge, may appoint a first assistant and second
assistant prosecuting attorney. In Cuyahoga county the judges of the court of
common pleas may appoint two assistant prosecuting attorneys who shall also be
assistant court solicitors. And said judges may, from time to time, appoint
such special assistants to aid the prosecuting attorney, as in their opinion the
public business may require, who shall be paid out of the treasury of the
county, on the warrant of the county auditor, such sum as the court may
approve and order. In Franklin county the judges of the common pleas count
residing therein may appoint a first assistant and a second assistant prosecuting
attorney. In Lucas county a majority of the judges of the court of common pleas
residing therein may appoint an assistant prosecuting attorney. Such assistant
prosecuting attorneys shall be appointed as aforesaid only upon the nomina-
tion of the prosecuting attorney of such counties, respectively, and shall receive
such salary as shall be fixed by the judges appointing them, not exceeding, in
Hamilton county, twenty-five hundred dollars to the first assistant or eighteen
hundred dollars to the second assistant; and not exceeding, in Cuyahoga
county, twenty-five hundred dollars nor less than two thousand dollars per
annum; and not exceeding, in Franklin county, two thousand dollars per
annum to the first assistant prosecuting attorney or twelve hundred dollars per
annum to the second assistant prosecuting attorney; and not exceeding, in
Lucas county, eighteen hundred dollars per annum to the assistant prosecuting
attorney. Such salary shall be paid out of the treasury of the respective
counties on the warrant of the auditor of such county. The term of appoint-
ment for such assistant prosecuting attorneys and such second assistant
prosecuting attorneys shall be one year from and after the day of appointment,
and when there is a vacancy the appointing judge or judges may renew the
appointment as herein before provided. [92 v. 37; 90 v. 73; 86 v. 66; 86 v. 4;
79 v. 79; 77 v. 318, 319; Rev. Stat. 1880; 75 v. 520.]
The term "senior judge," in the act of April 7, 1882 (79 v. 79), providing for the appointment of an
assistant prosecuting attorney in Lucas county, is intended to designate the judge who, at the time of such
appointment, has served the longest under his present commission: State ex rel. Belford v. Hueston, 44 O. S. 1.
SEC. 1272. [The prosecuting attorney shall be removed for neglect or
misconduct.] On complaint, in writing, signed by one or more tax-payers,
filed in the court of common pleas, containing distinct charges and specifica-
tions of wanton and willful neglect of duty, or gross misconduct in office, by
the prosecuting attorney, the court shall set down the complaint for hearing
and cause reasonable notice thereof to be given to the prosecuting attorney, of
the time fixed by the court for the hearing; and at the time so fixed, or at such
time as the court adjourns the hearing to, the court shall hear the evidence
adduced by the complainants and the prosecuting attorney; and if it appears
that the prosecuting attorney has willfully and wantonly neglected to perform
his duties, or been guilty of gross misconduct in office, the court shall remove
him from office and declare the office vacant; but otherwise, the complaint
shall be dismissed; and the court shall render judgment against the losing
party for costs. [50 v. 215, § 8; S. & C. 1227.]
629
Tit. VIII, Ch. 10.
PROSECUTING ATTORNEY.
§§ 1273-1276.
SEC. 1273. [General duties of the prosecuting attorney.] The prose-
cuting attorney shall prosecute, on behalf of the state, all complaints, suits and
controversies, in which the state is a party, and such other suits, matters, and
controversies, as he is directed by law to prosecute, within the county, in the
probate court, common pleas court and circuit court; and in every case of con-
viction, he shall forthwith cause execution to be issued for the fine and costs,
or costs only, as the case may be, and faithfully urge the collection until it is
effected, or it is found to be impracticable; and he shall forthwith pay over to
the county treasurer all moneys belonging to the state or county, which come
into his possession for fines, forfeitures, costs, or otherwise. [1885, February 7:
82 v. 16, 27; Rev. Stat. 1880; 50 v. 215, § 2; 33 v. 44, §§ 1, 2, 3; (S. & C. 1185;
S. & C. 1225).]
Duties under collateral-inheritance tax law, see (2731-13); may ask advice of attor-
ney-general, see ? 208.
Duty under act to define trusts and to provide for criminal penalties and civil dam-
ages," etc., see ? (4427—2), (—7).
Legal adviser of board under act "to authorize township trustees and county commis-
sioners to organize special road districts," etc., see? (4757—21).
Upon direction of attorney-general must prosecute violations by any person of ?? 148c
and 148d.
Contracts exceeding in amount $1,000 to be submitted by county commissioners to, ex-
cept in counties having county solicitor, to see if in accordance with Title VI, Chapter I,
R. S., see 799.
Duty under act "for regulating weighing of coal at mine where mined, see ? (4373—1)
et seq
It is no part of the legal duty of a prosecuting attorney to attend to prosecutions in behalf of the state
before justices of the peace: Smith v. Commissioners of Portage Co., 9 O. 25.
A general pardon does not operate to release a judgment for costs, unless it specifically so provides:
Libby v. Nicola, 21 O. S. 414.
Where a prosecuting attorney appears before a magistrate, at the request of a citizen, and prosecutes one
charged with the commission of a felony, preparing the papers necessary for such purpose, there is no implied
contract that such citizen will pay him for such services: Railroad Co. v. Lee, 37 O. S. 479.
As to the right of the prosecuting attorney to collect costs for the performance of his duty under this
section: State ex rel. v. Brewster, Auditor, 44 O. S. 249.
See note to State ex rel. v. Brewster, 1 C. C. 370, under 1298.
SEC. 1274. [He shall be the legal adviser of the county officers.] The
prosecuting attorney shall be the legal adviser of the county commissioners
and other county officers, and any of them may require of him written opin-
ions or instructions in any matters connected with their official duties; and
for these services the county commissioners shall, annually, at their December
session, make him such allowance as they think proper; but this section shall
not apply to any county having a county solicitor.
County solicitor of Cuyahoga exercises the powers of the prosecuting attorney under
this section, see ? 1282a.
As to duties of the prosecuting attorney as to boards of education, etc., see 23977.
As to duties of county solicitor, see 1001 et seq., 22 1010, 2862.
As to special attorney for actions in U. S. courts, see ? (1001—1) et seq.
The board of county commissioners have no power to employ an attorney to prosecute criminals before
magistrate: State ex rel. v. Franklin Co., 21 O. S. 618.
SEC. 1275. [Nolle prosequi not valid unless entered by leave of the
court.] The prosecuting attorney shall not enter a nolle prosequi in any
cause, without leave of the court, on good cause shown, in open court; and
any nolle prosequi entered contrary to this section shall be invalid. [75 v. 82,
§ 1.]
Entering nolle by order of court imports that it was on good cause and in open court: Douglas v. Allen,
56 0. S. 156, 160.
Nolle prosequi, if entered after jury sworn, is a bar to another indictment: Mount v. State, 14 O. 295.
The abandonment of those allegations in the indictment which were descriptive only of the graver
offense, still left the minor offense fully described: Baker r. State, 12 0. S. 214. See, also, Davis v. State, 19
O. S. 270.
SEC. 1276. [Duties of prosecuting attorneys as to official bonds.]
The prosecuting attorney shall prepare in legal form the official bonds for all
county officers, and take care that the acceptance thereof by the proper authori-
630
§§ 1277-1278a.
PROSECUTING ATTORNEY.
Tit. VIII, Ch. 10.
ties, the signing thereof, and all the indorsements thereon, are in conformity
to law, and that the same are deposited with the proper officer; and the bod
of no county officer shall be accepted or approved by the person or tribunal
authorized to approve the same, until the prosecuting attorney of the proper
county has inspected the same, and certified thereon that same is sufficient;
provided, that in case of vacancy in the office of prosecuting attorney, or of
his absence or disability, the probate judge shall discharge these duties.
[1884, April 14: 81 v. 198; Rev. Stat. 1880; 62 v. 173, § 5; (S. & S. 634; S. & C.
1226).]
SEC. 1277. [Duty of prosecuting attorney as to restraining orders.]
The prosecuting attorneys of the several counties of the state, upon being sat-
isfied that the funds of the county, or any public moneys in the hands of the
county treasurer, or belonging to the county, are about to be, or have been
misapplied, or that any such public moneys have been illegally drawn out of
or withheld from the county treasury, or that a contract in contravention of
the laws of this state has been, or is about to be entered into, or has been or
is being executed, or that a contract was procured by fraud or corruption, may
apply by civil action in the name of the state to a court of competent jurisdic-
tion, to restrain such contemplated misapplication of funds, or the completion
of any such illegal contract not fully completed, or to recover back for the use
of the county, all such public moneys so misapplied or so illegally drawn out
or withheld from the county treasury, or to recover for the benefit of the
county, any damages resulting from the execution of any such illegal contract.
[93 v. 408; 70 v. 38, § 1.]
This section does not authorize the prosecutor to sue in the state's name to recover money: State ex
rel. v. Zumstein, 4 C. C. 268; aff'd, 30 W. L. B. 275.
Nor to enjoin a board of education from applying money to refund a loan, but a tax-payer could enjoin:
State v. Board of Education, 5 O. D. 447; 11 C. C. 41; (aff'd, no report, 53 O. S. 656), but see 2 1781.
This section and 1278 does not apply to an action against the board of education: Youmans et al. v.
Board of Education, 13 C. C. 211; 7 O. D. 82.
Applies to the funds of the county: Id.
SEC. 1278. [In case of failure, etc., tax-payers may institute suit, etc.]
In case the prosecuting attorney fails, upon a written request of any taxpayer
of the county, to make the application or institute the civil action contem-
plated in the preceding section, such taxpayer may make such application or
institute such civil action in the name of the state; or, in any case wherein
the prosecuting attorney is authorized to make any such application, bring any
such suit or institute any such proceedings against any county officer or per-
son holding or having held any county office, for any misconduct in office,
neglect of any duty prescribed by law, to recover money illegally drawn out
of or illegally withheld from the county treasury, or to recover damages result-
ing from the execution of any such illegal contract as mentioned and referred
to in the preceding section, and upon the written request of any taxpayer of
the county, to bring any such suit or institute any such proceedings, shall fail,
neglect or refuse so to do, or where for any reason the prosecuting attorney can
not bring such action, or where the prosecuting attorney has received and un-
lawfully withheld moneys belonging to the county, or has received or drawn
out of the county treasury, public moneys which he is not lawfully entitled to
demand and receive, any taxpayer, upon securing the costs, is hereby author-
ized to bring any such suit, or institute any such proceedings, in the name of
the state and any such action shall be for the benefit of the county, the same
as if brought by the prosecuting attorney. [93 v. 408; 70 v. 38, § 2.]
Whether the above is exclusive: see Commissioners v. Pargillis, 10 C. C. 376, 378; 3 O. D. 585.
See note to Youmans et al. v. Board of Education, 13 C. C. 211; 7 O. D. 82, under ? 1277.
124
SEC. 1278a. [Allowance of taxpayer's costs; prosecuting attorney's
compensation.] If the court hearing such case is satisfied that such taxpayer
is entitled to the relief prayed for in his petition and a judgment is ordered in
his favor, he shall be allowed his costs including a reasonable compensation to
631
Tit. VIII, Ch. 10.
PROSECUTING ATTORNEY.
§ 1279.
his attorney, and for all services rendered by the prosecuting attorney under
the provisions of section 1277 in which the state is successful the court shall
allow the prosecuting attorney reasonable compensation for his services and
proper expenses incurred. [92 v. 337.]
SEC. 1279. [Shall prosecute for injuries to timber on state or school
lands.] When a tree or trees standing or growing on any land belonging to
the state, or any land belonging to any school district, are without lawful
authority, cut down, or in any way injured, the prosecuting attorney shall pros-
ecute the wrong-doer, and he shall seize all timber so cut down, if the same
can be found, and sell it at public vendue on five days' notice, and after the
payment of any fees due to the county surveyor provided for in section eleven
hundred and ninety-seven, pay the proceeds into the county [treasury] to the credit
of the auditor of state or school district, as the case may be. [40 v. 57, §§ 1, 3;
S. & C. 442; S. & C. 445.]
SEC. 1280. [Stolen property, etc., unclaimed, shall be sold after trial.]
When any property stolen, embezzled, or obtained under false pretenses, after
the trial of the person charged with the larceny, embezzlement, or false
obtaining thereof, remains in the possession of any officer, unclaimed by the
owner for the space of three months, the same shall, after public notice in a
newspaper printed in the county, be sold at auction to the highest bidder,
under the direction of the prosecuting attorney, and the avails thereof paid
over to the treasurer of the county for the use of common schools. [66 v. 287,
§ 209.]
See ? 6647a.
SEC. 1281. [And also before trial, if thief be not taken, or if he
escape.] In case any property stolen, embezzled, or obtained under false pre-
tenses, remain in the custody of an officer for one year unclaimed, as aforesaid,
and the thief be not within that time taken, or if taken he escapes, it shall be
disposed of in like manner as indicated in the preceding section. [66 v. 287,
§ 210.]
SEC. 1282. [Annual report to attorney-general: blanks and instruc-
tions therefor; furnish information required by attorney-general.] The
prosecuting attorney shall, on or before the 1st day of September, annually (if
so required by the attorney-general by written notice given on or before the 1st
day of August, annually), transmit to the attorney-general a report of all crimes.
prosecuted by indictment or information in his county for the year ending the
1st of July, specifying, under the head of felonies, the number of persons con-
victed, the number of persons acquitted, the amount of costs incurred, the
amount of costs collected from the defendants; and under the head of misde-
meanors, the number of persons convicted, the number of persons acquitted,
the amount of fines imposed, the amount of fines collected, the amount of costs
incurred, the amount of costs collected, and such other information as the
attorney-general may require; and the attorney-general may prepare and for-,
ward to the prosecuting attorney blanks and instructions for such annual'
reports. The prosecuting attorneys shall also, whenever requested by the
attorney-general, furnish the latter any information he may require in the exe-
cution of his office. [90 v. 225.]
(1282-1) [Secret service officer; appointment; term.] In the county
of Hamilton, the judges of the court of common pleas shall, within twenty
days after the passage of this act, appoint a secret service officer, who shall hold
his office for the term of two years, and until his successor is appointed, whose
duty it shall be, under the direction of the prosecuting attorney, to render
secret service in the capacity of detective, for the prosecuting attorney's office
of the county, in all criminal cases and matters of a criminal nature. [85 v. 502.]
632
§ (1282-2).
PROSECUTING ATTORNEY.
Tit. VIII, Ch. 10.
(1282-2) [Removal.] That in counties containing a city of the first
grade of the first class that when a secret service officer may or shall be ap-
pointed the judges of the court of common pleas within and for such county
shall have the power to remove for cause which in the opinion of such judges
may be sufficient any such secret service officer so appointed. [April 16, 1888:
85 v. 561; 85 v. 502.]
(1282-3) [Powers, bond, oath, salary.] Said secret service officer,
when so appointed, shall in criminal cases, have the same power in making
arrests and serving writs, under the direction of the prosecuting attorney, as are
And said
now or may be performed by the sheriff of the county in like cases.
secret service officer, before entering upon the duties of his office, shall give bond
with at least two sureties, in the sum of five thousand dollars ($5,000) for the
faithful performance of his duties, and said sureties shall each take an oath,
that he is worth the amount of the bond above all liabilities, and such bond
shall be approved as to form and sufficiency by the judges of the common pleas
court and the prosecuting attorney of said county. His compensation shall be
at the rate of fifteen hundred dollars a year, payable monthly, out of the
county fund, upon the warrant of the county auditor. [85 v. 502.]
SEC. 1282a. [Solicitor of Cuyahoga county; term; duties; office;
salary.] There shall be elected triennially by the qualified electors of any
county containing a city of the second grade of the first class, a solicitor, who
shall be an attorney at law, and shall hold his office for three years from the
first Monday in January next after his election; provided that solicitors now
in office shall serve during the term for which they were elected. He shall be
the legal adviser and attorney of the board of county commissioners and other
county officers of the annual and decennial boards of equalization, of the
board of revision, of the township trustees, and all other township officers in
every township in the county, except townships containing municipalities
whose boundaries are coëxtensive with the boundaries of the township, in all
other matters relating to their official duties, and he shall be required to pros-
ecute or defend all suits and actions which said board of county commis-
sioners may direct or which may be required to be brought by or which may
be brought against any of said officers or any of said boards, and shall have
all the powers and perform all the duties of the prosecuting attorney under
sections 1274, 1276, 1277 and 1279 of the Revised Statutes. He shall prepare
all contracts, bonds and other instruments in writing in which the county is
concerned, and shall endorse on each his approval of the form and correctness
thereof, and no contract with such county or any of its officers shall take effect
until he has endorsed thereon such approval. It shall be the [his] duty, when-
ever requested so to do, to give legal advice, and to furnish opinions in writing
to any county officer, and to any of said board with regard to their official
duties, a record of which opinions shall be kept in his office. And when re-
quested so to do, he shall attend all regular, adjourned or special meetings of
said boards, and shall be entitled to protest against any action taken or con-
templated by any of said boards, which protest shall be entered on the min-
utes of the meeting thereof. His office shall be at the seat of justice in his
county, in such room or rooms as are provided by the board of county com-
missioners, and he shall receive a salary of $3,000 per annum, payable monthly,
out of the county treasury on the warrant of the county auditor. [93 v. 207;
92 v. 329; 78 v. 120.]
See note under 2 1001.
(1282a-1) SEC. 2. [Assistant solicitor; appointment; duty; term;
salary.] In Cuyahoga county, the solicitor now holding said office, or who
may be hereafter elected to such office, shall appoint an assistant solicitor, and
said assistant shall have full power to do and perform all duties imposed by
•
633
Tit. VIII, Ch. 10.
PROSECUTING ATTORNEY.
§ (1282a-2).
law upon the solicitor of said county in his absence, and his term of office shall
be the same as that of such solicitor; said assistant solicitor to receive $2,500
per year, payable in the same manner as that of the solicitor. [93 v. 207.]
(1282a-2) SEC. 3. [Solicitor's clerk.] In Cuyahoga county, the solic-
itor now holding said office, or who may be hereafter elected to such office, may
appoint a clerk, who shall be a competent stenographer, and who shall receive
such salary as may be fixed by the county commissioners, not exceeding $1,000
and not less than $900 per annum. [93 v. 207.]
SEC. 1282b. [To make report to county commissioners.] Such county
solicitor shall make a report, annually, to the board of county commissioners
at their first regular meeting in December of the business of his office for the
preceding year, the number of causes pending and disposed of, the disposition
of such as have been disposed of, the character of such causes, and the amount
involved therein, and such other matters pertaining to the duties of his office
as he may think proper, or the said board of commissioners may require.
[1881, April 8: 78 v. 120.]
SEC. 1282c. [Solicitor pro tempore; election of successor.] The
judges of the court of common pleas of any such county are hereby authorized
to appoint a solicitor pro tempore to fill any vacancy occurring in said office,
either by death, resignation, or otherwise. Such solicitor pro tempore shall
perform the duties and receive the salary of solicitor, and shall hold his office
until his successor shall be elected and qualified under section 1282a. Such
successor shall be elected at the annual fall election next after such appoint-
ment. [92 v. 329; 78 v. 120.]
634
§§ 1283-1284.
SALARIES OF STATE OFFICERS.
Tit. IX, Ch. 1.
TITLE IX. Compensation of Public Officers.
CHAPTER 1. SALARIES OF STATE OFFICERS.
CHAPTER 2.
SALARIES OF COUNTY OFFICERS.
CHAPTER 3.
FEES ANd Costs.
SECTION
CHAPTER 1.
SALARIES OF STATE OFFICERS.
1283. Salaries, where and when paid.
1284. Salaries of state and other officers.
1285. When salary of lieutenant-governor paid.
1286. Fees of attorney-general in addition to his salary.
1287. Members of board of public works shall re-
ceive nothing but salary.
1288. Private secretary of governor shall receive all
fees.
1289. Hamilton county: additional salaries to be paid
circuit and common pleas judges by county.
1289-1. Cuyahoga, additional salary to circuit judge.
1290. Judges of superior court of Cincinnati shall
receive additional salary from city.
1291. Judge of superior court of Montgomery Co.
shall receive additional salary from county.
1292. Common pleas judges residing in Cuyahoga Co.
shall receive additional salary from county.
SECTION
1292-1. Salary of Butler Co. common pleas judge.
1292-2. Additional salary of Clarke Co. common
pleas judge.
1292a. Judges of common pleas in Lucas county may re-
ceive additional salary.
1292b. Additional salaries of Franklin common pleas
judges.
1293.
Salaries of engineers shall be paid on check of
acting commissioner.
1294.
1295. The salaries named for officers and employes
of benevolent institutions are maximum,
and the trustees may fix the same at less.
1296. Traveling expenses of commissioner of labor
statistics.
Salaries of law librarian and assistant shall be
paid on certificate of judge.
SEC. 1283. [Where and when paid.] Salaries paid by the state, shall
be paid at the state treasury, in quarterly installments, on the first Monday of
February, May, August, and November, unless otherwise provided; and at any
time when, for any cause, an officer ceases to hold the office, the salary then
due shall be paid to him. [64 v. 9, § 1; S. & S. 695.]
SEC. 1284. [Salaries of state and other officers.] Annual salaries
shall be allowed as follows: To the governor, eight thousand dollars; private
secretary of the governor, eight hundred dollars; executive clerk of the gov
ernor, fifteen hundred dollars; adjutant-general, two thousand dollars; assist-
ant adjutant-general, fifteen hundred dollars; lieutenant-governor, eight hun-
dred dollars; judges of the supreme court and supreme court commission,
four thousand dollars each; judges of the common pleas courts and of the
superior courts, twenty-five hundred dollars each; secretary of state, two thou-
sand dollars; treasurer of state, three thousand dollars; auditor of state, three
thousand dollars; attorney-general, fifteen hundred dollars; state librarian,
fifteen hundred dollars; assistant state librarian, twelve hundred dollars; law
librarian, fifteen hundred dollars; assistant law librarian, one thousand dollars;
superintendent of the deaf and dumb asylum, twelve hundred dollars; stew-
ard of same, eight hundred dollars; matron of same, four hundred dollars;
assistant matrons of same, each, three hundred dollars; physician of same,
three hundred dollars; superintendent of blind asylum, twelve hundred dol-
lars; steward of same, eight hundred dollars; matron of same, four hundred
dollars; superintendent of imbecile asylum, twelve hundred dollars; matron
635
Tit. IX, Ch. 1.
SALARIES OF STATE OFFICERS.
§§ 1285-1289.
and teachers of same, each, four hundred dollars; superintendent of soldiers'
and sailors' orphans' home, twelve hundred dollars; matron of same, four hun-
dred dollars; superintendents of asylums for the insane, each, twelve hundred
dollars; assistant physicians of same, each, seven hundred dollars; stewards of
same, each, eight hundred dollars; matrons of same, each, four hundred dol-
dollars; superintendent of boys' industrial school, twelve hundred dollars;
matron of same, four hundred dollars; superintendent of girls' industrial
home, twelve hundred dollars; matron of same, four hundred dollars; clerk
of supreme court, fifteen hundred dollars, and for service while acting as clerk
of supreme court commission, five hundred dollars; chief deputy clerk of
supreme court, thirteen hundred dollars; second deputy clerk of supreme court,
eleven hundred dollars; commissioner of railroads and telegraphs, two thou-
sand dollars; superintendent of insurance, two thousand dollars; inspector of
mines, two thousand dollars; commissioner of labor statistics, two thousand
dollars; supervisor of public printing, eighteen hundred dollars; and state
commissioner of common schools, two thousand dollars. [88 v. 255; 87 v. 150;
84 v. 108; 79 v. 129; 78 v. 202; Rev. Stat. 1880; 64 v. 9, § 1; 45 v. 37, § 2;
48 v. 93, § 1; 50 v. 337; 67 v. 16, § 21; 62 v. 175, § 1; 63 v. 30, § 1; 64 v. 24,
§ 3; 69 v. 188, § 1; 64 v. 56, § 10; 73 v. 107, § 1; 73 v. 12, §§ 3, 4; 52 v. 34,
$24; 62 v. 118, § 1; 68 v. 55, § 3; 69 v. 32, § 2; 71 v. 21, § 4; 64 v. 124, § 10;
70 v. 195, § 111; 74 v. 227, § 17; 75 v. 507, § 2; 75 v. 150, § 4; 75 v. 591, § 18;
75 v. 517, § 3; 75 v. 144, § 20; 61 v. 11, § 4; 74 v. 209, § 4; 75 v. 584, § 2; S. & S.
695; S. & C. 1332: S. & C. 1333; S. & S. 652 ; S. & S. 697 ; S. & S. 250; S. & S.
73; S. & S. 50; S. & S. 46; S. & S. 620; S. & C. 391; (S. & C. 1330; S. & C. 1242).]
Additional fees for clerk of supreme court, see 442; for governor's clerk, % (409–425.
For salary of circuit judges, see 455.
Where the duties of an officer are specified and limited in their character, and not continuous during
the year, an annual salary, prescribed by law as the compensation, will be payable and apportioned with
reference to the duties performed, and not to the lapse of time: Lawrence ex parte, 1 O. S. 431.
SEC. 1285. [When lieutenant-governor shall be paid.] The salary of
the lieutenant-governor shall be paid in equal installments, on the first Mon-
day of February, March, April, and May. [65 v. 3, §1; S. & S. 696.]
SEC. 1286. [Fees of attorney-general in addition to salary.] The
attorney-general, in addition to his salary, shall be allowed three per centum
on all collections made by him for the state, but the aggregate amount of his
compensation, including such per centum, shall not exceed three thousand
dollars per annum during the term of his office. [1889, April 3: 86 v. 196;
Rev. Stat. 1880; 64 v. 9, §1; (S. & S. 695).]
The act of April 3, 1889, fails to repeal in express terms original ? 1286.
SEC. 1287. [Members of board of public works shall receive no ex-
penses, except, etc.] The members of the board of public works shall receive
nothing in addition to their salary for traveling expenses, or otherwise, except
that during the time the state has possession of the public works, they shall,
each, be entitled to their traveling expenses, not to exceed fifty dollars a month.
[64 v. 9, §1; 75 v.584, § 2; S. & S. 695.]
SEC. 1288. [Private secretary of governor shall have all fees in addi-
tion to his salary.] The private secretary of the governor shall, in addition
to his salary, be entitled to all fees paid into the office of the governor for any
purpose. [55 v. 13, § 14; S. & C. 875.]
SEC. 1289. [Hamilton county: additional salaries to be paid circuit
and common pleas judges by county.] The judges of the court of common
pleas of Hamilton county and the judges of the circuit court of the first
judicial circuit shall each receive, in addition to the salaries payable out of the
state treasury, the sum of not less than one thousand dollars, nor in the case
of the judges of the circuit court more than two thousand dollars, at the discre-
tion of the commissioners of said county, to be paid to them out of the county
636
1
§ (1289—1).
SALARIES OF STATE OFFICERS.
Tit. IX, Ch. 1.
treasury, in the same manner and at such times as is provided for the payment
out of the state treasury; and when the salary is once fixed it shall not be
increased or diminished during the residue of the term of office of any of the
judges. [1887, March 21: 84 v. 218; Rev. Stat. 1880; 63 v. 28, § 1; (S. & S. 259).]
(1289-1) [Additional compensation to circuit judges in Cuyahoga
Co.] The judges of the circuit court of the eighth judicial circuit shall each
receive, in addition to the salaries payable out of the state treasury, the sum
of one thousand dollars per year, to be paid to them out of the county treasury
of Cuyahoga county in the same manner and at such times as is provided for
the payment out of the state treasury. [90 v. 24.]
SEC. 1290. [Judges of superior court of Cincinnati shall receive ad-
ditional salary from city.] The city council of Cincinnati shall, in addition
to the salary payable out of the state treasury, pay to the judges of the superior
court of said city, each, the sum of not less than two thousand dollars
annually, at the discretion of said city council, to be paid in the same manner
and at such times as provided for the payment out of the state treasury; and
.when the salary is once fixed it shall not be increased or diminished during the
residue of the term of the judges; and to pay said salaries, the city council is
authorized to levy and collect taxes in addition to taxes otherwise authorized.
[63 v. 28, §25; S. & S. 259; (S. & C. 391).]
SEC. 1291. [Judge of superior court of Montgomery county shall re-
ceive additional salary from county.] The judge of the superior court of
Montgomery county shall receive out of the county treasury, in addition to
the salary paid out of the state treasury, the sum of one thousand dollars,
annually, to be paid quarterly, as provided for payment out of the state
treasury. [53 v. 38, § 22; S. & C. 394.]
SEC. 1292. [Judges of common pleas in Cuyahoga county shall
receive additional salary from county treasury.] The judges of the court
of common pleas residing in Cuyahoga county shall each, in addition to the
salary now paid judges of the court of common pleas out of the state treasury,
receive out of the treasury of Cuyahoga county twenty-five hundred dollars
annually, to be paid them at the same time and in like manner as provided
by law for the payment of the salaries of judges out of the state treasury. [89
v. 17; 72 v. 105, § 6.]
(1292-1) [Salary of Butler county common pleas judge.] Any judge
of the court of common pleas of the second judicial district, who resides in
Butler county, shall receive, in addition to the salary payable out of the state
treasury, the sum of not more than fifteen hundred ($1,500.00) dollars per
annum, to be fixed by the commissioners of said county, and to be paid out
of the county treasury, upon the warrant of the county auditor, in the same
manner and at such times as is provided for the payment of the salary of said
judge out of the state treasury; and when the salary is once fixed by the
county commissioners it shall not be increased or diminished during the resi-
due of the term of the office of said judge. [85 v. 97.]
(1292-2) [Additional salary of Clarke county common pleas judge.]
Any judge of the court of common pleas of the second judicial district, who
resides in Clarke county, shall receive, in addition to the salary payable out of
the state treasury, the sum of not more than fifteen hundred ($1,500.00) dol-
lars per annum, to be fixed by the commissioners of said county, and to be
paid out of the county treasury, upon the warrant of the county auditor in
the same manner and at such times as is provided for the payment of the
salary of the said judge out of the state treasury; and when the salary is once
637
Tit. IX, Ch. 1.
SALARIES OF STATE OFFICERS.
§§ 1292a-1296.
fixed by the county commissioners it shall not be increased or diminished
during the residue of the term of the office of said judge. [85 v. 254.]
SEC. 1292a. [Judges of common pleas in Lucas county may receive
additional salary.] The judges of the court of common pleas, residing in
Lucas county, may, providing the county commissioners allow the same, each,
in addition to the salary now paid judges of the court of common pleas out of
the state treasury, receive out of the treasury of Lucas county one thousand
five hundred dollars, or any part thereof, annually, to be paid them at the
same time and in like manner as provided by law for the payment of salaries
of judges out of the state treasury. [91 v. 368; 80 v. 20.]
SEC. 1292b. [Additional salaries of Franklin common pleas judges.]
The county commissioners of Franklin county, Ohio, may and they are hereby
authorized to pay to the judges of the court of common pleas residing in Frank-
lin county, each, in addition to the salary now paid said judges out of the state
treasury, and so long as said judges shall continue to reside in said county, an
amount out of the treasury of Franklin county, of not less than the sum of one
thousand dollars, nor more than the sum of fifteen hundred dollars annually,
to be fixed by said commissioners of said county, for each of said judges; and
when such salary is once fixed, it shall not be increased or diminished during
the said term of office of such judge, the same to be paid at the same time and
in like manner as provided by law for the payment of the salary of said judges,
out of the state treasury. [1888, April 16: 85 v. 305; 80 v. 151.]
The act passed February 9th, 1893 (90 v. 33), entitled "an act supplementary to an
act (85 v. 305) to amend ? 1292b of Revised Statutes of Ohio," was repealed May 17th, 1894
(91 v. 285).
SEC. 1293. [Engineers shall be paid only on check of acting commis-
sioner.] For the payment of the salaries of engineers, appointed by the board of
public works, the auditor of state shall not draw his warrant without the check
of the acting commissioner of the proper division, for the amount due such
engineer. [62 v. 175, § 1; S. & S. 652.]
SEC. 1294. [Law librarian and assistant shall be paid on certificate of
judge.] The salaries of the law librarian and assistant law librarian shall be
paid on the certificate of one of the judges of the supreme court. [69 v. 188, § 1.]
SEC. 1295. [Officers and employes of benevolent institutions may be
paid less than salaries fixed.] The salaries herein fixed for the officers and
employes of the benevolent institutions are the maximum salaries, and the
trustees thereof may fix such salaries at any sums not exceeding the amounts
named.
SEC. 1296. [Traveling expenses of commissioner of labor statistics.]
The commissioner of labor statistics shall also be allowed any sum not exceed-
ing five hundred dollars per annum for traveling expenses. [74 v. 209, § 4.]
638
§§ 1297-1298.
SALARIES OF COUNTY OFFICERS. Tit. IX, Chs. 2-3.
SECTION
CHAPTER 2.
SALARIES OF COUNTY OFFICERS.
1297. Salary of prosecuting attorneys.
SECTION
1298. His fees in addition for collection.
SEC. 1297. [Salary prosecuting attorneys.] The prosecuting attorney
shall receive an annual salary not exceeding the sums herein named, to be
fixed by the commissioners of the county, to wit: In Hamilton and Cuya-
hoga counties thirty-five hundred dollars. In the counties of Lucas and
Franklin two thousand dollars. In Montgomery county fifteen hundred dol-
lars. In each county containing less than twenty thousand inhabitants by
the last federal census, four hundred dollars; and in each other county two
dollars for each one hundred inhabitants such county contained at the next
preceding federal census, to be paid at such times and in such instalments as
the county commissioners may direct. [92 v. 358; 86 v. 66; 79 v. 79; Rev.
Stat. 1880; 70 v. 67, § 1; (S. & S. 633; S. & C. 1226).]
As to Miami county, see 92 v. 567.
! See Lawrence ex parte, 1 O. S. 431, under ? 1284.
SEC. 1298. [His fees for collection.] In addition to his salary, the
prosecuting attorney is entitled to ten per cent. on all moneys collected on
fines, forfeited recognizances, and costs in criminal causes, provided that such.
commission shall not in any one case exceed one hundred dollars. [70 v. 67,
§ 1.]
Section 1298, Revised Statutes, embraces costs collected by the prosecuting attorney, of the defendant, in
performance of the duty required of him by 1273, and does not include the costs received from the state
and paid to the order of the clerk of the court of common pleas, under 2? 7336 and 7337: State ex rel. v.
Brewster, Auditor, 44 O. S. 249. Owen, C. J. dissented.
This section does not entitle a prosecuting attorney to receive, from the county treasury, a commission
of ten per cent. on the amount of costs received from the state, and paid into such treasury under the pro-
visions of 22 7336 and 7337; State ex rel. Outcalt v. Brewster, 1 C. C. 370.˜¯ Cox, J, dissented.
CHAPTER 3.
FEES AND COSTS.
SECTION
SECTION
FEES.
1311. How allowance made.
1299. Fees for writing advertisement.
1300. Commissioners in partition and dower, and
appraisers.
1313.
1312. Where security for costs is insufficient.
Justice shall tax costs where he has power to
fine.
1301. Fees of witness and mileage; when mileage not pay-
able.
1314.
1315.
1302.
Witnesses in criminal causes in court of record,
fees of.
1316.
Certain fees shall be paid into county treasury.
No witness fees to policeman in cases specified.
Extra allowance on execution, attachment,
and in replevin, etc.
1303. Witnesses not above provided for.
1317.
Fees of officers attending examining court.
1304. Return of miles by officers.
1305. Fees of physicians in post mortem cases.
1306.
When costs in criminal case paid out of county
treasury.
1318.
1319.
1307. In other cases, who not paid.
1320.
1308. Before justices, in cases of felony, how fees
paid.
1309. Who may make allowance in cases where state
fails.
TAXATION AND COLLECTION OF COSTS.
Costs of each party shall be taxed separately.
How costs entered on judgment and on record.
Indorsement on execution of costs of party
condemned, and how made.
1321.
When and how special execution may issue for
costs; form of such execution.
1322.
1310. May pay necessary expense of pursuing felon.
Costs to be taxed separately: when; collection of
circuit court costs.
639
Tit. IX, Ch. 3.
FEES AND COSTS.
$1299.
BECTION
1323. Costs on amendments, continuances, or under
any special rule: how collected.
1324. Costs in certain cases: how collected.
1325 Officers shall keep cash books for the entry of
costs.
1326.
Courts may require clerks to give additional
bonds.
1327. Clerk shall report costs in criminal causes.
1328. Prosecuting attorney shall report costs by him
collected.
1329. Officers may be removed for neglect.
1330. Jury fee in criminal cases.
1331. Table of fees to be posted in office: penalty.
1332. Items of fees to be returned on process.
1333. Itemized bill of costs must be furnished if de-
manded.
REPORTS OF FEES OF COUNTY OFFICERS.
1334. County officers shall return amount of fees to
county auditor.
1335. County auditor shall make returns to state
auditor.
1336. Abstract of sanie: where made.
1337. Penalty for neglect of duty.
UNCLAIMED COSTS.
1338. Sheriffs shall pay over to the clerks of the
courts of common pleas all costs, unless, etc.
1339. Clerk of court and sheriff to make lists of unclaimed
costs.
1340. Disposition of fees, costs, etc., unclaimed.
HAMILTON AND CUYAHOGA COUNTIES.
1341. Fees of county officers in Hamilton county to be
paid over to county.
1342. Quarterly reports of fees shall be made.
1343. Clerks of public officers: their appointment,
compensation, etc.
1343-1. Authorizing employment of tax inquisi-
tors.
1343-2. Penality for tax omissions.
1343-3. Bend of tax inquisitor.
1343-4. Not to affect certain sections.
1343a. Employment in certain counties of persons to dis-
cover omitted taxes; compensation.
13436. Penalty.
1344. Account of fees, etc., shall be kept.
1345. Salaries of county officers in Hamilton county.
1346. Shall be paid into county treasury.
1347. County or commissioners not liable for payment of
salaries except out of fee fund.
1348. Penalties for non-compliance with provisions
of this chapter.
1349. Official bond held liable, etc.
1350. Separate fee fund account shall be kept.
1351. Receipts shall be verified by oath, etc.
1352. No reduction of fees, costs, etc., to be made,
except on order of commissioners.
1353. Definitions, etc.
1354. Laws not changed by this chapter.
1355. Fee fund in excess of certain sum to be transferred
to county fund.
SECTION
1356. Employment of clerks, etc., and their com-
pensation.
1357.
Duties devolving on prosecuting attorney.
1358. Fees to be property of county.
1359. [Repealed.]
1360. [Repealed.]
1361. [Repealed.]
1362. [Repealed.]
Repealed.]
1363.
1364. [Repealed.]
1365. County commissioners to increase or diminish
the prescribed fees.
1365-1. Fees of county officers in Cuyahoga county.
1365-2. Fees for use of county treasury.
1365-3. Sworn statement by each officer.
1365-4. Amount to be expended yearly for depu-
ties, etc., determined by judges of court of
common pleas; compensation and expenses
of subordinates.
1365-5.
Account to be kept.
1365-6. Monthly payment made.
1365-7. Penalty.
1365-8. Fee fund.
1365-9. No reduction, etc., of fee.
1365-10. Transfer to sinking fund.
1365-11. Saving clause.
1365-12. Cost of keeping prisoners.
1365-13. Saving clause.
1365-14. Fees of Cuyahoga county recorder, auditor
and treasurer.
1365-15. Fees of county recorder in Cuyahoga
county.
1365-16. Fees of county auditor in Cuyahoga
county.
1365-17. Fees and compensation of county treas-
urer in Cuyahoga county.
1365-18. Salaries of county officers in certain coun-
ties.
1365-19. Officers may select their employes; salaries.
1365-20. Officers to file sworn pay roll with county
commissioners monthly.
1365-21. Disposition of fees, costs, etc., collected by
officers.
1365-22. Itemized and sworn statements to be filed
monthly with county commissioners.
1365-23. Statements so made to be preserved.
1365-24. Fees, costs, reports, etc.
1365-25. Duty of commissioners to investigatc.
1365-26. Compensation of clerk, sheriff and probate
judge.
1365-27. Further compensation for county officers.
1365-28. Treasurer to credit general fund with
money received.
1365-29. Penalty for violation of this act.
1365-30.
1365-31.
Official bonds.
Present officers not affected.
1365-32. Repeals.
1365-33. As to Lucas county,
1365-34. Fees of county auditor of Lucas county.
1365-35. Fees of county treasurer of Lucas county.
Montgomery county, additional compensation of county treasurer, see 92 v. 674.
FEES.
SEC. 1299. [Fees for writing advertisement.] When an officer, in the
due execution of his office, is required to write or set up an advertisement, he
shall be allowed for every such advertisement, twenty-five cents; and if the
advertisement is required to be published in a newspaper, the officer shall be
allowed twelve and a half cents in addition to the price thereof, to be taxed in
the bill of costs; but constables shall not be allowed more than twenty-five
cents for advertising the sale of property taken in execution. [73 v. 127, § 23;
(S. & C. 640).]
Fees generally.-An officer whose fees are regulated by statute can charge fees for those services only to
which compensation is by law attached: Debolt v. Trustees of Cincinnati Tp., 7 O. S. 237.
640
§§ 1300-1305.
FEES AND COSTS.
Tit. IX, Ch. 3..
SEC. 1300. [Commissioners in partition and dower, and appraisers.]
Persons employed as commissioners to make partition of lands, or to assign
dower, shall, for the time so engaged, and in going and returning, receive one
dollar per day, but if the lands lie in more than one county they shall be
entitled to one dollar and fifty cents per day; and persons called by an officer
to appraise real or personal property on execution, replevin, or attachment, or
to fix the value of exempted property, shall receive one dollar per day, except
as otherwise specially provided. [73 v. 127, §§ 22, 38; (S. & C. 639, 642).]
As to partition, see ?5754 et seq.
SEC. 1301. [Fees of witness and mileage; when mileage not payable.]
All witnesses in civil causes shall be allowed the following fees: For each day's
attendance at the court of common pleas or other court of record, to be paid by the
party at whose instance he is summoned (on demand), and taxed in the bill of
costs, one dollar, and five cents per mile from his place of residence to the place of
holding said court, and returning therefrom; for testifying before any officer
authorized to take depositions under a subpoena, the sum of seventy-five cents
and five cents per mile from his place of residence to the place of taking depo-
sitions, to be paid by the party at whose instance he is summoned (on
demand); for attending a coroner's inquest, one dollar per day and the mile-
age aforesaid, to be paid out of the county treasury; for attending any trial
before a justice of the peace, or mayor of any municipal corporation, the sum
of fifty cents a day and the mileage aforesaid; but no mileage shall be allowed
in any case, where the distance from the place of residence of the witness, to
the place where he shall be called upon to testify, is less than one mile. [1884,
March 20: 81 v. 58, 59; Rev. Stat. 1880; 73 v. 127, § 24; (S. & C. 630).]
SEC. 1302. [Witnesses in criminal causes in court of record, fees of.]
Witnesses attending under recognizance or subpoena, issued by order of the
prosecuting attorney or defendant, before the court of common pleas, or grand
jury, or other courts of record in criminal causes, shall be allowed the following
fees: For each day's attendance, one dollar, and five cents per mile, the same as
in civil causes, to be taxed in only one cause, when attending in more causes
than one on the same days, unless otherwise directed by special order of the
court; the fees provided for in this section shall be paid out of the county
treasury, being first certified to the county auditor by the clerk of the court.
[1884, March 20: 81 v. 58, 59; Rev. Stat. 1880; 73 v. 127, § 25; 73 v. 95, § 2;
(S. & C. 631).]
SEC. 1303. [Witnesses not provided for in foregoing sections.] In
all cases, not specified in this chapter each person summoned as a witness shall
be allowed the sum of fifty cents per day for each day's attendance, and the
mileage herein specified; and all persons who are called upon to testify in a
cause in which they are not summoned, shall receive the sum of twenty-five
cents. [73 v. 127, § 26; (S. & C. 631).]
SEC. 1304. [Return of miles by officers.] For the purpose of ascer-
taining the mileage to which a witness is entitled the sheriff, or other officer,
serving a writ of subpoena, shall indorse on the writ, the number of miles to
which each witness is entitled; and all judicial officers returning witnesses
under recognizance to any court in this state, for the trial of criminal causes,
shall indorse on their transcripts the number of miles to which each witness is
entitled. [73 v. 127, §27; (S. & C. 631).]
SEC. 1305. [Physician: fees in post mortem cases.]
cian or surgeon makes a post mortem examination, at the
coroner or other officer, he shall be allowed such compensation
as the county commissioners of the proper county may direct.
127, § 28; (S. & C. 631).]
When a physi-
instance of the
for his services
[91 v. 5; 73 v.
641
Tit. IX, Ch. 3.
FEES AND COSTS.
§§ 1306-1313.
SEC. 1306. [When costs in criminal case paid out of county treas-
ury.] In all felonies, when the defendant is convicted, the costs of the justice
of the peace, police judge, or justice, mayor, marshal, constable and witnesses,
shall be paid out of the county treasury and inserted in the judgment of con-
viction, so that, except in capital cases, the same may be paid to the county
out of the state treasury; provided, in all cases, when recognizances are taken,
forfeited and collected and in which there is no conviction said costs shall be
paid out of the county treasury. [1881, April 20: 78 v. 201; Rev. Stat. 1880;
75 v. 50, §1.]
Cited in dissenting opinion in State ex rel. v. Brewster, 1 C. C. 370.
SEC. 1307. [In other cases, who not paid.] In no other case whatever
shall any cost be paid out of the state or county treasury to any justice of the
peace, police judge or justice, mayor, marshal, or constable. [75 v. 50, § 2.]
SEC. 1308. [Before justices, in cases of felony, how fees paid.] In
felonies, the fees of witnesses before justices of the peace, mayors, and police
justices, shall be paid upon the allowance of the commissioners, out of the
county treasury, on the certificate of such officer, notwithstanding the state
has failed. [75 v. 50, §3.]
Cited in dissenting opinion in State ex rel. v. Brewster, 1 C. C. 370.
As to criminal costs in city and justice court in Toledo see ? (621-5).
SEC. 1309. [Who may make allowance in cases where state fails.]
The county commissioners may, at any regular session, make an allowance to
any of said officers in lieu of fees, in causes of felonies wherein the state fails,
and in misdemeanors, wherein the defendant proves insolvent, but the aggre-
gate amount of such allowances to an officer in any year shall not exceed the
fees legally taxed to him in such causes, nor shall the aggregate amount allowed
to an officer in any year exceed one hundred dollars. [75 v. 50, § 4.]
Cited in dissenting opinion in State ex rel. v. Brewster, 1 C. C. 370.
SEC. 1310. [May pay necessary expense of pursuing felon.] The
county commissioners may allow and pay any necessary expense incurred by
an officer in the pursuit of a person charged with a felony, who has fled the
country, in addition to the allowance provided for in the preceding section.
[75 v. 50, § 5.]
See ?? 95 and 920; and for extradition of fugitives from justice fleeing to foreign coun-
tries (81 v. 208), see ? (97-1).
SEC. 1311. [How allowance made.] In ascertaining the amount of fees
taxed by any justice of the peace, mayor, or police judge or justice, with a view
to making him the allowance herein before mentioned, it must be made to
appear in cases where such officer was authorized to take security for costs, that
he has exercised reasonable care in taking such security, and until satisfied by
the certificate of such justice of the peace, police judge or justice, or mayor
before whom such causes were heard, or other proof to the satisfaction of the
commissioners, that the prosecuting witness was indigent, and entirely unable
to pay the costs or procure security for the payment of the same, and that the
officer exercised due care in taking such security; the officer's fees in such
causes shall not be included in ascertaining the amount so to be allowed. [75 v.
50, § 6.]
SEC. 1312. [Where security for costs is insufficient.] Where such
officer takes security for costs that is insufficient at the time of taking the same,
the commissioners shall not take into account his fees in such case, in making
an allowance therein to him. [75 v. 50, § 7.]
See ? 7136.
SEC. 1313. [Justice shall tax costs where he has power to fine.] In
all causes in which a justice of the peace has power to fine a person charged
42
642
§§ 1314-1318.
FEES AND COSTS.
Tit. IX, Ch. 3.
with the commission of an offense, such justice shall render judgment for such
fine, and tax such costs, or пimself, the constable and witnesses, as are allowed
by law. [75 v. 50, § 8.]
SEC. 1314. [Certain fees shall be paid into county treasury.] All fees
due any of the aforesaid officers, in any misdemeanor, shall, if collected, be
paid into the county treasury, unless it be ascertained that the amount of such
fees was not taken into account in estimating the amount to be allowed to such
officer, as aforesaid. [75 v. 50, § 9.]
SEC. 1315. [No witness fees to policeman in cases specified.] No
watchman or other police officer is entitled to witness fees in any cause prose-
cuted under any criminal law of the state, or any ordinance of a city of the
first or second class, before any police judge or mayor of any such city, justice
of the peace, or other officer having jurisdiction in such causes. [56 v. 22, § 1;
S. & C. 647.]
SEC. 1316. [Extra allowance on execution, attachment, and in re-
plevin, etc.] In addition to the fees now allowed by law to sheriffs, coroners,
and constables, upon executions, attachments and in replevin, the court to
which an execution, order for the delivery of property in replevin, or order of
attachment is returnable, shall allow the officer making return thereof, a rea-
sonable compensation for any extraordinary trouble or expense incurred by
him, in the removal or preservation of any personal property levied on under
said writ or order, which amount, when so allowed, shall be taxed in the cost;
but such officer shall not in any case be allowed more than one dollar per diem,
each, for the services of the person or persons employed in the removal or taking
care of said property; and no allowance shall be made, unless it appears to the
court that the extraordinary services for which such allowance is asked, were
necessary for the proper execution of such writ. [56 v. 27, § 1; S. & C. 646.]
SEC. 1317. [Fees of officers attending examining court.] Sheriffs,
marshals and their deputies, constables, and watchmen, when required by an
examining court to take charge of the defendant or defendants, during the
examination of such defendant or defendants upon any charge for the com-
mission of a crime or offense against the laws of this state, shall be allowed the
sum of seventy-five cents for rendering the service so required of them; which
sum shall be taxed and paid in the same manner that the other fees of such
officers, in the same or like cases, are taxed and paid; but such officers shall
not be entitled to receive fees for testifying upon such examinations, when
acting as the officers of such examining courts. [45 v. 52, §5; S. & C. 643.]
Police officers in Cleveland allowed same fees as other witnesses, see ? 1945.
TAXATION AND COLLECTION OF COSTS.
As to fees in commencing trial in city and justice court in Toledo, see ? (621-5).
SEC. 1318. [Costs of each party shall be taxed separately.] In all
actions, motions, and proceedings, in any of the courts of this state, the costs
of the parties shall be taxed and entered of record separately. [33 v. 51, §1;
S. & C. 643.]
Costs Laxed against the appellant in the judgment appealed from, are not to be included in fixing amount
of appeal bond: Bliss v. Long, 5 O. 276.
Where amount of costs in a judgment is left blank, and afterwards taxed by the clerk, and included in
the order of sale, if incorrect, will not invalidate the sale: Wilkins v. Huse, 9 O. 154.
An officer who receives money to pay a public creditor, and obtains a receipt for the whole upon the pay-
ment of a part, is liable for the residue, though no deception or fraud is practiced: Slaughter v. Hamm, 2
O. 271.
The mayor of a city who receives a salary and is not allowed any perquisites or fees, but for whose serv-
ices in particular matters fees are allowed by law, must receive such fees for the city, and account therefor:
Hatch v. Cincinnati, 17 O. S. 48.
Costs are unknown to the common law-are altogether statutory: Farrier v. Cairns, 5 O. 45.
In proceedings of foreclosure by a second mortgage, first mortgagee merely pleading his claim, the prop-
erty selling for less than the first mortgage, the cost must be borne by the second mortgagee unless he had
tendered to the first mortgagee the amount due on his mortgage, in which case the first mortgagee would have
to bear the costs; if the first mortgagee also takes steps for a foreclosure, the costs will be equally divided:
Eaton v. Greer et al., 3 N. P. 164; 4 O. D. 142.
Attorney's fees are not costs: Savings & Loan Co. v. Sennt et al., 4 N. P. 346.
See note to Timmonds, administrator v. Wheeler et al., 12 C. C. 19; 5 O. D. 625, under 5221.
643
Tit. IX, Ch. 3.
FEES AND COSTS.
S$ 1319-1321.
SEC. 1319. [How costs entered on judgment and on record.] On the
rendition of judgment, in any cause, the costs of the party recovering, together
with his debt or damages, shall be carried into his judgment; and the costs of
the party against whom judgment is rendered shall be stated in a separate
clause of the record, or docket entry; but no party in whose favor judgment
for costs has been, or may hereafter be rendered in any cause, shall have power
to release, satisfy, or discharge, in whole, or in part, any of such costs, unless
the same shall have been previously paid by such party to the clerk of the
court, or to the person entitled thereto, or the same shall have been legally
assigned, or transferred to such party by the person, or persons in whose name,
or names such costs stand taxed upon the record, or docket. [1881, April 18:
78 v. 181, 182; Rev. Stat. 1880; 33 v. 51, §2; (S. & C. 643).]
The party recovering can not have included in his judgment the costs made by the adversary party, and
where they are so included, the judgment, as to such costs, will be reversed on proceedings in error: Russell v.
Giles, 31 O. S. 293.
The judgment can be modified on error, but, if instead it is reversed in toto, this will not be interrered
with: Crull v. Morgan, 5 O. D. 274; 11 C. C. 537.
Clerk and sheriff are not entitled to summary process. If they give credit, they must collect as other
citizens: Meacham v. Dodge, W. 375; only decides that in proper cases costs may be enforced by attachment,
as for continuance, and then only on application of adverse party, not of sheriff: Nofer v. Bowers, W. 692.
Costs in chancery are in the discretion of the chancellor: the court will not inquire into the facts to
merely settle a dispute as to costs: Walpole v. Griffin & Sapp, W. 95; Campton v. Griffith, W. 321.
In a suit against mortgagee for an account, the court has discretion to tax costs: Armstrong v. McAlpin,
Hinman & Co., 18 O. S. 184.
Where judgment is for coin, the judgment for costs must be general, so that it may be paid in legal ten-
der: Phillips v. Dugan, 21 O. S. 466.
See note to Abbey v. Fish, 23 O. S. 412, under ? 1338.
In an action to recover the amount of a judgment, the plaintiff is entitled to recover interest upon costs
adjudged to him from the date of the original judgment to the time of recovery: Emmitt v. Brophy, 42
O. S. 82.
A court without jurisdiction has no power to render judgment for costs: Rothwell v. Winterstein, Ib. 249.
While a court, reversing a judgment for the reason that the court below had no jurisdiction, must render
judgment for costs on error, a court dismissing a cause for want of jurisdiction has no power to render
judgment for such costs: Moore v. Boyer, Ib. 312.
Cited in Emmitt v. Brophy, Ib. 92.
See same case under 221321, 1322, and 1323.
Cited in Cincinnati Gas Light and Coke Co. v. Avondale, 43 O. S. 269.
Equity courts may require costs and fees paid out of fund before distribution, as the fees of a master:
Timmonds v. Wheeler, 5 O. D. 625; 12 C. C. 19; aff'd, no report, 52 O. S. 641.
SEC. 1320. [Indorsement on execution of costs of party condemned,
and how made.] The clerk or justice of the peace, issuing execution for such
judgment, as aforesaid, shall indorse thereon the amount of the costs of the
party condemned; which costs shall be collected by the officer to whom such
writ is directed, in the same manner and at the same time in which the judg-
ment mentioned in the execution is collected. [33 v. 51, § 3; (S. & C. 644).]
See Emmitt v. Brophy, 42 O. S. 90, under ? 1319.
SEC. 1321. [When and how special execution may issue for costs;
form of such execution.] When the party recovering neglects to sue out exe-
cution immediately, or after such execution has been returned without satis-
faction of costs, the clerk may, for his own benefit, or shall, at the instance of
any person entitled to fees in the bill of costs, taxed against either party, issue
against the party indebted to such clerk or other person, for such fees, whether
plaintiff or defendant, an execution to compel the party to pay his own costs,
in the following form, to-wit:
wherein
[Form of execution to compel either party to pay his own costs.]
county,
THE STATE OF OHIO,
COUNTY, Ss.:
To the sheriff of
county, greeting:
court of
Whereas, in a certain civil action lately prosecuted in the
were taxed at
was plaintiff and
was defendant, the costs of said
dollars,
cents: You are therefore commanded, that of the goods and chattels, or for the
want of goods and chattels, of the lands and tenements of the said
in your county, you cause to be
made the costs aforesaid, with interest thereon from the day, A. D., [the date of the judgment] until
paid, and costs that may accrue: And if you shall levy and make said costs and interest, do you have the
same before the
court of
county, within sixty days from the date hereof, to render
unto the persons entitled to the same; and have you then and there this writ.
Witness my hand and the seal of the
[SEAL.]
court, this
day of
A. D.
A. B., Clerk.
[1885, February 7: 82 v. 16, 27; Rev. Stat. 1880; 33 v. 51, § 4; (S. & C. 644).]
644
S$ 1322-1325.
FEES AND COSTS.
Tit. IX, Ch. 3.
A general and standing order of the court of common pleas, directing the clerk to issue execution for his
own benefit, and at the instance of any person entitled to costs, will authorize the clerk, without any special
order, to issue such execution: Elliott v. Ellery, 11 O. 306.
The party recovering judgment for his costs, acquires an absolute interest in the money collected thereon
only to the extent he had paid the costs taxed: Abbey v. Fish, 23 O. S. 403.
An order setting aside verdict and granting new trial upon payment of costs, is not an order conditioned
upon such payment. The order is absolute, and the stipulation with reference to costs may be enforced by
execution: Heffner v. Scranton, 27 O. S. 579.
See Emmitt v. Brophy, 42 O. S. 90, under ? 1319.
SEC. 1322. [Costs to be taxed separately, when; collection of
circuit court costs.] In all transcripts given by justices of the peace the costs.
of each party shall be stated and set forth separately; and in all causes taken
from the common pleas court to the circuit court, on error or appeal, the clerk
of the common pleas court shall certify to the circuit court the costs of each
party separately; and the clerk of the circuit court in like manner, shall cer-
tify in the mandate to the common pleas court, for execution, the costs, in the
circuit court, of each party separately; and the costs of the losing party in the
circuit court, as well as the costs of the successful party shall be collected by
process from the common pleas court in the manner prescribed in section one
thousand three hundred and twenty-one, excepting costs, the collection of which is
provided for in the next section. [1885, February 7: 82 v. 16, 28; Rev. Stat.
1880; 33 v. 51, §5; (S. & C. 644).]
See Emmitt v. Brophy, 42 O. S. 90, under ? 1319.
SEC. 1323. [Costs on amendments, continuances, or under any special
rule: how collected.] The costs adjudged against either party on continu-
ances, amendments, or under any special rule may be collected, at any time
after judgment or order of court awarding such costs, by process, to be issued
from the court wherein such judgment or order is made; which process shall be
in the form prescribed in section one thousand three hundred and twenty-one, with
the following alteration: after [the] * asterisk, instead of the word "of," these
words shall be inserted: "adjudged against the said
on continuance,"
[or "amendment," or otherwise, as the case may be]; and if the special rule
for payment of costs be in the circuit court, the writ shall be so altered as to
make it returnable to that court. [1885, February 7: 82 v. 16, 28; Rev. Stat.
1880; 33 v.51, § 6; (S. & C. 644).]
Costs ordered paid during progress, to be collected by attachment, not by execution: Kellogg v. Graham,
W. 87; Meacham v. Dodge, W. 375; Naper v. Bowers, W. 692.
See Emmitt v. Brophy, 42 O. S. 90, 91, under ? 1319.
SEC. 1324. [Costs in certain cases: how collected.] In all causes
heretofore prosecuted or now pending, in any of the courts of this state, in
which the costs have been or may be taxed and entered agreeably to the fore-
going provisions, the same may be collected by the process herein provided.
[33 v. 51, § 8; S. & C. 645.]
SEC. 1325. [Officers shall keep cash books for the entry of costs;
clerk shall be receiver of all moneys payable at his office.] Every clerk
of a court of record, and every sheriff and prosecuting attorney, in each county,
shall enter in a journal or cash book, to be provided at the expense of the
county, an accurate account of all moneys collected or received, in his official
capacity, on the days of the receipt, and in the order of time in which the
moneys were so received, with a minute of the date and suit, or other matter,
on account of which the money was received; and such cash book shall be a
public record of the office in which the same is required to be kept; and on the
expiration of the term of each respective officer, it shall be delivered to his suc-
cessor in office; and, every such clerk shall be the receiver of all moneys pay-
able into his office, whether collected by public officers of court, or tendered by
other persons, and shall pay over the same to the persons entitled thereto, on
request. [40 v. 25; § 3; S. & C. 646.]
The probate judge is not entitled to compensation because of no statutory provision for making the en-
tries in cash book or indexing same, although he is required to keep such cash book: Commissioners v.
Millard, 4 N. P. 53, 4 O. D. 419, aff'd 13 C. C. 518.
645
Tit. IX, Ch. 3.
FEES AND COSTS.
S$ 1326-1333.
In case of a shortage by the clerk of courts the litigants must be paid out of the fund against which they
have claims prior to the county's receiving anything out of the fund: Edit., 38 W. L. B. 303.
SEC. 1326. [Courts may require clerks to give additional bonds.]
If, in the opinion of the court, at any time, the official bond of any clerk of
the court of common pleas, or other court of record, is not sufficient in form,
or becomes insufficient, for want of responsible sureties to secure the payment
of the sum specified in such bond, the court on motion shall order its clerk to
give additional bond, with responsible sureties, in the sum required by law,
with the proper conditions. [40 v. 25, §4; S. & C. 646.]
SEC. 1327. [Clerks shall report costs in criminal causes.] The sev-
eral clerks of the courts of common pleas shall transmit a certified report, on
the first Monday of December, annually, to the auditor of state, of all costs
which have been collected in their respective counties by the prosecuting
attorneys or otherwise, and which the state is by law required to advance, in
criminal causes, wherein the persons convicted have been sentenced and trans-
ported to the penitentiary. [40 v.25, §1; S. & C. 646.]
See State ex rel. v. Brewster, Auditor, 44 O. S. 252.
SEC. 1328. [Prosecuting attorney shall report costs by him collected.]
The prosecuting attorney of each county, shall file with the clerk of the court
of common pleas, on the first day of November, annually, a certified report of
all costs by him collected, or in progress of collection, in penitentiary cases,
with a specification of the amount received in each case, at what date, and
when paid over to the county treasurer; and also, at the same time, file a like
report of all costs and fines by him collected in criminal cases of a minor grade,
which he is required by law to pay into the county treasury. [40 v. 25, §2;
S. & C. 646.]
SEC. 1329. [Officer may be removed for neglect.] Any clerk, sheriff,
or prosecuting attorney, who neglects to comply faithfully with the requisitions
of each of the four preceding sections, and the duties therein enjoined upon
him, shall not only be subject to the penalties now imposed by law, but may
be removed from office at the discretion of the court. [40 v. 25, § 5; S. & C. 646.]
SEC. 1330. [Jury fee in criminal cases.] In all criminal cases where
a jury may be called to try the issue joined, and the defendant shall be con-
victed there shall be taxed in the bill of costs the sum of six dollars as a jury
fee, and judgment shall be rendered therefor against such defendant which
sum, when collected by the clerk of said court or sheriff, to whom executions
shall have been issued, shall be paid over to the county treasurer. [73 v. 127,
§ 33; (S. & C. 641).]
SEC. 1331. [Table of fees to be posted in office.] Each county officer
shall make out a fair table of the fees to which he is entitled by law, and post
the same in his office within three months after such officer shall have been
duly elected or appointed, in some conspicuous place for the inspection of ali'
persons who have business in said office, on pain of forfeiting for each day the
same shall be missing, for such officer's neglect, the sum of five dollars, which
penalty may be recovered by indictment for the use of the county where the
offense shall have been committed. [73 v. 127, § 34; (S. & C. 642).]
SEC. 1332. [Items of fees to be returned on process.] No sheriff,
coroner, or constable shall be entitled to receive, either on mesne or final
process, any fees, unless he return upon the process upon which any charge
shall have been made the particular items of such charge. [73 v.
[73 v. 127, § 36.]
Cited in Moriarity v. Devine, 1 C. C. 82.
SEC. 1333. [Itemized bill of costs must be furnished if demanded.]
In all cases when demanded by any person liable to pay any fees or costs to
any officer, it shall be the duty of such officer, without charge, to make out,
sign and deliver to such person, an itemized bill of such fees or costs; and no
person shall be compelled, after such demand to pay such fees or costs until
said itemized bill is so made and delivered, with a receipt for the fees and
costs paid. [70 v. 61, § 2; (S. & C. 642).]
646
§§ 1334-1338.
FEES AND COSTS.
REPORTS OF FEES OF COUNTY OFFICERS.
Tit. IX, Ch. 3.
SEC. 1334. [County officers shall return amount of fees to county
auditor. Each county treasurer, recorder, sheriff, prosecuting attorney, pro-
bate judge, commissioner, and clerk of the court of common pleas of this
state, shall make returns, under oath, to the county auditor of their respective
counties, on the first Monday of September of each year, of the amount of fees
and moneys received by them, or due them during the year next preceding the
time of making such return. [70 v. 57, §1; (S. & S. 372).]
This section requires the probate judge to keep the cash book provided for in 1325: Commissioners v.
Millard, 4 O. D. 119: 4 N. P. 53.
See note to Commissioners v. Millard, 4 N. P. 53; 4 O. D. 419, aff'd in 13 C. C. 518, under 22 545, 1325, 4957 :
Cited: Id.
SEC. 1335. [County auditor shall make returns to state auditor.]
Each county auditor of this state on or before the first Monday of October, in
each year, shall make a certified statement to the auditor of state, of the
amount of fees and moneys received or due the county treasurer, recorder,
sheriff, prosecuting attorney, probate judge, commissioners, and clerk of the
court of common pleas of his county; and also, a like statement, verified by his
affidavit, of the amount received by or due him. [70 v. 57, § 2; (S. & S. 372).]
SEC. 1336. [Abstract of same: where made.] The auditor of state, in
his annual report to the governor, shall include an abstract of the statements
made by the respective county auditors, as provided for in the two preceding
sections. [58 v. 28, § 3; S. & S. 372.]
SEC. 1337. [Penalty for neglect of duty.] If an officer required, as
aforesaid, to report, neglects to make returns as herein directed, or if any one
of said officers willfully violates any of the provisions in this behalf he shall,
upon conviction upon indictment or information in the court of common pleas
of the county, be adjudged guilty of misconduct in office, and be immediately
removed therefrom, and be condemned to pay a fine for the use of the county
of not less than two hundred nor more than one thousand dollars; for the
payment of which forfeiture and fine, as well as any amount otherwise due
from him in official capacity, his sureties shall also be liable upon their bonds
and he shall forfeit and pay to the treasurer of the proper county, for the use
of said county, the sum of two hundred dollars for every such neglect, and
for every ten days such neglect continues, after the time herein fixed for the
report; and the prosecuting attorney of such county shall collect, in the name
of the state, from the clerk of the court of common pleas, sheriff, treasurer,
probate judge, commissioner, and recorder, all such penalties, and pay the same
over to the treasurer of the proper county; and if the prosecuting attorney
fails to pay over to the treasurer the penalty by him so forfeited, the court of
common pleas shall appoint one of the attorneys of said court to prosecute and
collect from said prosecuting attorney, in the name of the state the penalty,
and pay the same over to the treasurer. [58 v. 28, §4; S. & S. 372.]
UNCLAIMED COSTS.
SEC. 1338. [Sheriffs shall pay over to the clerks of the courts of com-
mon pleas all costs by them collected, unless, etc.] The sheriff of each
county shall pay to the clerk of the court of common pleas of his county all
costs collected, or which may hereafter be collected, by such sheriff or his
deputies, except when the same are collected upon process out of the supreme
court, or the probate court, or out of the court of common pleas or superior
court of some other county, or out of some superior court, in which cases the
sheriff shall pay the same to the clerk of the court from which the process
issued; but nothing herein contained shall prevent a sheriff from paying costs
to parties entitled thereto. [37 v. 77, §1; S. & C. 645.]
The party in whose favor the judgment for costs was rendered is entitled to receive the costs collected by
the sheriff only to the extent that he may have paid them to the persons who earned them: Abbey v. Fish,
23 0. S. 412.
647
Tit. IX, Ch. 3.
FEES AND COSTS.
§§ 1339-1341.
SEC. 1339. [Clerk of court and sheriff to make lists of unclaimed
costs.] The clerk of each court, "common pleas and circuit," each probate
judge, and sheriff of each county, shall, on the first Monday of January in
each year, make out two certified lists of causes in which money has been paid,
and which have remained in his hands, or any former clerk, probate judge, or
sheriff, for a period of one year next preceding the said first Monday of Janu-
ary, designating the amount and in whose hands the same is, one of which
lists shall be, by said clerk, probate judge and sheriff, set up in some con-
spicuous place in his office for the period of thirty days, and the other at or
on the door of the court house, on the second Monday of January, for the
same period of time as aforesaid; provided, that if, from any cause, the lists.
named as aforesaid have not heretofore been made as herein provided, the same
shall be published within sixty days from the passage of this act. [1889,
April 11 86 v. 239; Rev. Stat. 1880; 58 v. 130, §2; (S. & S. 372; S. & C. 645).]
""
SEC. 1340. [Disposition of fees, costs, etc., unclaimed.] All such
advertised moneys, fees, costs, debts, damages, etc., remaining in the hands of
such clerk, probate judge, and all unclaimed moneys, "other than costs,'
remaining in the hands of the sheriff from expiration of thirty days from the
ending of the time of such advertisement, shall be, by said clerk, probate
judge and sheriff, as aforesaid, or successor of either, paid over to the treasurer
of the county, on the order of the county auditor, indicating in each item in
his cash book "and docket" the disposition made thereof; and every sheriff in
the state of Ohio, who retired from office in the month of January, 1882, or
since, and every clerk and probate judge in the state of Ohio, who retired from
office in the month of February, 1882, or since, shall, at once, on the passage
of this act, pay over to his successor all other moneys in his hands, received as
such officer; and every clerk, probate judge, and sheriff, hereafter, immediately
upon ceasing to be such clerk, probate judge, or sheriff, shall pay over to his
successor aforesaid all money then in his hands, received as such officer; and
any person entitled to any money turned into the treasury aforesaid, under
this section, shall, upon demand, receive a warrant therefor from the auditor,
payable to the order of the person named in the list furnished the auditor as
hereafter provided, upon the certificate of the clerk, probate judge, or sheriff,
in office at the time said demand is made; and all costs certified out of the
county treasury in criminal cases, and afterwards collected and paid into the
hands of the clerk, probate judge, or sheriff, and all fines paid into their hands,
shall be, by said clerk, probate judge or sheriff, paid into the county treasury
on or before the Saturday next preceding the beginning of each term of the
court of common pleas; and said clerk, probate judge, or sheriff, shall keep a
book, which shall be considered a part of the records of his office, showing in
detail all the moneys paid by him into the county treasury, with proper refer-
ences showing where each item may be found on their respective cash books
and docket[s], giving the names of the parties to whom said money belongs, in
alphabetical order; a detailed statement of each item shall be furnished the
county auditor, and no clerk, probate judge, or sheriff, shall receive from his
successor in office any fees earned by him, which shall, at any time, come into
the hands of said successor, until the settlements required under this section
are all strictly complied with. For making out lists as herein provided for,
and payment of unclaimed moneys into the treasury, the probate judge and
sheriff shall be allowed five per centum on the amount so paid. [1889, April
11: 86 v. 239, 240; 79 v. 149; Rev. Stat. 1880; 58 v. 130, § 3; (S. & S. 373;
S. & C. 645).]
HAMILTON AND CUYAHOGA COUNTIES.
For “an act to establish fees and pay of certain county officers ”—Cuyahoga (77 v. 137),
see ? (1365-1) et seq.
SEC. 1341. [Fees of county officers in Hamilton county to be paid
over to county.] The fees, costs, percentage, penalties, allowances, and all
#i
648
SS 1342-1343.
FEES AND COSTS.
Tit. IX, Ch. 3.
other perquisites of whatever kind, which, by law, the clerk of the courts, pro-
bate judge, sheriff, either as such, or as special master commissioner, or receiver
in any case, treasurer, auditor, recorder, and coroner, in Hamilton county, may
always receive and collect for any efficient services rendered, shall be received.
and collected by said officers, respectively, for the sole use of the treasury of
said county as public moneys belonging to it, and shall be accounted for and
paid over as such in the manner hereinafter provided. [1880, April 8: 77 v.
137, 138; Rev. Stat. 1880; 71 v. 81, § 1.]
As to compensation of certain officers and their assistants in Cuyahoga county, see
? (1365—1) et seq.
As to fees for filing, etc., judgments of federal courts in Ohio by clerk of court of com-
mon pleas, see ? (1257-2).
The act of April 6, 1870 (67 v. 36), limiting the compensation of certain officers therein named, and
the supplemental act of April 12, 1871 (68 v. 58), are not laws of a general, but of a local nature, and are
therefore not in conflict with 26, Art. II, of the Constitution; the object of these acts is not taxation
for the purpose of general revenue, but to limit and provide for the payment of the compensation of
the officers named, from the earnings of their respective offices, and to reduce the expense of official service
to the public. It is not essential to the exaction of fees that they should inure to the personal benefit of the
officer. The officers are but the agents of the state for transacting the public business, and it is immaterial
to those receiving their services whether the sum to be paid therefor goes to the office or into the public
treasury, provided no more is exacted than is just and reasonable for the facilities afforded and the service
performed. Where fees are properly authorized to be charged for official service, the officer rendering the
service may be required to collect the fees. The provision of the act that, in case of a surplus accumulating
after paying the compensation of the officers and the other expenses of the offices, such surplus may be
transferred to the general county fund, does not render the act invalid. The authority conferred by said
acts on the judges of the court of common pleas does not invest them with a new office, but merely author-
izes them to perform additional duties as judges: State v. Judges, 21 O. S. 1.
The fees of the county treasurers are provided for by general statute (21117). They consist of a percent-
age of all moneys collected. In Hamilton county these fees are collected for the sole use of the county, as
public moneys' belonging to its treasury: State ex rel. v. Cappeller, 39 O. S. 213.
SEC. 1342. [Quarterly reports of fees shall be made.] Each of the
several officers named in the preceding section shall report to the county commis-
sioners quarter yearly, during each year of their official term, a certificate and
sworn statement in detail of all the costs, fees, percentages, penalties, allow-
ances, and other perquisites of every kind charged in his office, whether taxed
in any cause, matter of proceeding or otherwise, and received by him for serv-
ices rendered during the quarter next preceding the time of making such
statement. [69 v. 75, §2.]
SEC. 1343. [Clerks of public officers: their appointment, compensa-
tion, etc.] The judges of the court of common pleas, in joint session, shall,
from time to time, upon request of either the treasurer, auditor, recorder,
sheriff, probate judge, or clerk of the court of common pleas, fix an aggregate
sum to be expended yearly for the compensation of all deputies, book-keepers,
clerks, and other assistants of the county officer making such request, which
compensation, after being so fixed as aforesaid, shall be paid to them monthly
out of the county treasury, upon the warrant of the county auditor: the officers
herein named shall appoint their deputies, clerks, book-keepers, and other
assistants, and fix their compensation, but such compensation shall not exceed
in the aggregate the amount fixed by the judges in joint session, as herein pro-
vided: no officer shall receive or be paid, directly or indirectly, any part of the
salary or compensation of such deputy, clerk, book-keeper, or other assistant,
or any fee or reward for appointing him to such position; nor shall any such
deputy, clerk, book-keeper, or other assistant receive, for any official act or duty,
any additional fee, salary, or compensation other than the compensation fixed
as herein provided: the county commissioners shall allow, and order to be
paid as other claims against the county, all other reasonable expenses neces-
sary to the proper discharge of the duties of any of the above named officers;
but the compensation of all deputies, clerk[s], book-keepers, and assistants
hereby authorized to be paid, shall be first paid out of the fees, costs, percent-
ages, penalties, or allowances, collected by said officer, and accounted for and
paid into the county treasury. [75 v.556, § 3.]
No compensation for additions disclosed by inventory of decedent's estate, see ? 6044.
Expenses incurred as attorney's fees by the county treasurer in suits for collection of taxes, are within
the expenses which the commissioners are required to allow: State ex rel. v. Commissioners, 26 O. S. 364. *
649
Tit. IX, Ch. 3.
FEES AND COSTS.
§ (1343-1).
When the employment of a janitor by the clerk of the courts is a necessary expense, it is the duty of the
county commissioners to make an allowance for the wages of such janitor: Dalton v. Commissioners of Ham-
ilton Co. (Ham. Dist. Court), 9 W. L. B. 322.
A "
paper custodian" appointed by the recorder of Hamilton county is an "assistant" within the mean-
ing of this section, and must be paid, if at all, from the allowance made to the recorder under the provisions
of this section: Deters v. County Commissioners, 1 C. C. 295.
(1343-1) [Authorizing employment of tax inquisitors: their com-
pensation.] The county commissioners, county auditor and county treasurer,
or a majority of said officers in any county, when they have reason to believe
that there has not been a full return of property within the county for taxa-
tion, shall have power to employ any person to make inquiry and furnish the
county auditor the facts as to any omissions of property for taxation and the
evidence necessary to authorize him to subject to taxation any property im-
properly omitted from the tax duplicate; no payment to be made for such
services except in accordance with the terms of agreement between the offi-
cers, or a majority of them and such person, and such payment shall be made
only out of money actually paid into the county treasury as taxes on such
omitted property, and such compensation shall not exceed 20 per cent. of the
amount of such taxes, on the returns of omitted moneys, credits, investments
in bonds, stocks, joint-stocks, annuities or other valuable interests, held by a
resident of this state or by others for him; and all such allowances shall be
apportioned ratably by the county auditor among all the funds entitled to
share in the distribution of such taxes. [85 v. 170.]
This act is constitutional and the appointee has sufficient interest to be relator in mandamus: State v.
Crites, 48 O. S. 142.
(1343-2) [Penalty for tax omissions.] Any assessor who shall will-
fully omit to return any property for taxation, or any auditor who shall will-
fully omit any property from the tax duplicate that is liable to taxation, or
any persons conspiring to willfully increase the number or amount of any tax
omissions shall, upon conviction thereof, pay a fine not exceeding two hun-
dred dollars, or be imprisoned in the county jail not exceeding sixty days, or
both. [85 v. 170.]
(1343-3) [Bond of tax inquisitor.] The person or persons with whom
the contract provided for in section one [S(1343-1)] of this act is made, shall,
before entering upon such employment, give bond to the state in the sum of
one thousand dollars, conditioned on the faithful performance of the duties re-
quired by the contract; said bond shall be approved by a majority of those au-
thorized to make the appointment and filed with the county auditor. [85 v. 170.]
(1343-4) [Not to affect certain sections.] This act shall not in any
manner affect the provisions of sections one thousand three hundred and forty-
three (a) and one thousand three hundred and forty-three (b) of the Revised Stat-
utes of Ohio as enacted April 20, 1885 (82 v. 152). [85 v. 170].
See Chapter 1, Title 8, Part I; Chapter 4, Title 8, Part I; Chapter 5, Title 8, Part I.
By an act passed 1880, April 14 (77 v. 205), the county commissioners were authorized
to employ persons to furnish evidence of tax omissions "occurring previous to the pas-
sage of the act.
SEC. 1343a. [Employment in certain counties of persons to discover
omitted taxes; compensation.] That the county commissioners, county
auditor and county treasurer, or a majority of said officers of any county
in this state containing a city of the first class, and in any county con-
taining a city of the first grade of the second class, shall have full and final
power to employ any person or persons to ascertain and furnish to the county
auditor the facts and evidence necessary to authorize him to subject to taxation
any property improperly omitted from the tax duplicate; no payment for
such services to be made except in accordance with the terms of an agreement
between the said officers, or a majority of them, and such person or persons;
and such payment shall be made to such person or persons only out of money
actually paid into the county treasury as taxes on such omitted property; and
such compensation shall be apportioned ratably by the county auditor among
650
SS 13436-1346.
FEES AND COSTS.
Tit. IX, Ch. 3.
all the funds entitled to share in the distribution of such taxes, including the
state itself, as well as the counties, townships, cities, villages, school districts,
and other organizations entitled thereto. [1885, April 23: 82 v. 152.]
The state must pay its share of the expenses incurred: State ex rel. v. Cappeller, 39 O. S. 214,
Section 1 of the act of April 14, 1880 (77 v. 205), is not in conflict with either 26 or 28, Art. II, of the Consti-
tution: Ib. 208.
This section construed State ex rel. v. Hagerty, 5 C. C. 325, 326.
SEC. 1343b. [Penalty.] Any assessor in such counties who shall will-
fully omit to return any property for taxation, or any auditor who shall will-
fully omit any property from the tax duplicate that is liable to taxation, or
any persons conspiring to wrongfully increase the number or amount of
any tax omission, shall be deemed guilty of a misdemeanor, and, on con-
viction thereof before any court of competent jurisdiction, shall be sentenced
by the said court to pay a fine not exceeding two hundred dollars, or be
imprisoned in the county jail not exceeding sixty days or both at the discre-
tion of the court, and it is hereby made the duty of the prosecuting attorney
of the county to enforce the provisions of this section. [1885, April 23:
82 v. 152.]
This section construed State ex rel. v. Hagerty, 5 C. C. 325, 326.
SEC. 1344. [Account of fees, etc., shall be kept.] Each of said
officers shall keep full and regular accounts, subject at all times to the exami-
nation of the county commissioners, of all sums collected by him on account
of official fees, costs, percentages, penalties, allowances, and other perquisites
of whatever kind, and said books of accounts shall be a part of the records of
their respective offices, and belong to the county, and shall be transmitted to
their successors in office. [67 v. 36, § 4.]
SEC. 1345. [Salaries of county officers in Hamilton county.] After
deducting from the whole amount of the costs, fees, percentage, penalties,
allowances, and perquisites collected by said officers collectively during each
year, the amount allowed and paid for the compensation of deputies, clerks,
book-keepers, and other assistants, and other necessary expenses of said officers,
each shall be allowed to receive an annual compensation for his services out of
the costs, fees, percentages, allowances, perquisites, and penalties so collected
and paid into the fee fund in Hamilton county, as follows: clerk, five thousand
dollars; sheriff, five thousand dollars; treasurer, seven thousand dollars; audi-
tor, five thousand dollars; recorder, three thousand five hundred dollars; pro-
bate judge, five thousand dollars; and coroner, three thousand dollars; which
sums shall be paid to them quarterly out of the fee fund upon the warrant of
the county auditor: it being the intent and meaning of this section to limit
the maximum annual compensation, from every source of the officers named,
to the sums herein named. [1880, April 8: 77 v. 137, 138; Rev. Stat. 1880;
71 v. 81, §5.]
SEC. 1346. [Shall be paid into county treasury; deficiencies; duty of
sheriff; duty of fee commissioner.] Each of said officers shall, at the end
of each quarter, pay into the county treasury, on the warrant of the county
auditor, to the credit of the fee fund, and account for to the county commissioners,
for the use of the county, all the fees, costs, penalties, percentages, allowances,
and perquisites of every sort collected by him during said quarter; but if at the
close of any quarter the amount of fees, costs, percentages, allowances, or pen-
alties in the fee fund, be not sufficient to pay to them the proportion due them for
their own use as herein limited, they shall be entitled to receive the amount of
any such deficiency out of the fee fund as created by collections subsequently
made, in any succeeding quarter or quarters, from the official costs, fees, per-
centages, allowances, and penalties earned and charged by them, after deducting
therefrom the amounts allowed for the compensation of the deputies, clerks,
book-keepers, and assistants, as herein before provided, and this provision shall
apply in Hamilton county to any such deficiency heretofore accrued and now
651
Tit. IX, Ch. 3.
FEES AND COSTS.
§§ 1347-1351.
existing; and the sheriff, at the expiration of his term of office, or within ten.
days thereafter, shall pay over to his successor in office all moneys that may be
in his hands, under any execution, order for sale, or other legal process of what-
ever kind, or the proceeds arising from any sale of real or personal property by
him previously made, and where he holds the same awaiting an order of court
for confirmation of sale or distribution of proceeds: the fee commissioner in
said county shall investigate and examine the books and accounts of any or
all officers named herein, for the purpose of ascertaining whether or not said
officers have rendered true and correct accounts, in their sworn quarterly state-
ments, of all the official costs, fees, percentages, allowances, and perquisites, of
every kind, including moneys received for advertising property for sale by order
of court; and said fee commissioner is authorized to send for persons and
papers, and examine witnesses under oath; and if said fee commissioner finds
that any officer herein named has failed to pay over any part of such fees, per-
quisites, allowances, or commissions, from whatever source, such officer shall
be liable to be proceeded against as is provided for. [70 v. 26, § 6.]
SEC. 1347. [County or commissioners not liable for payment of sal-
aries except out of fee fund.] Nothing in the sections relating to the com-
pensation of officers in Hamilton county shall be so construed as to make the
county or the commissioners thereof liable to any of the officers named herein,
or their deputies, clerks, book-keepers, or other assistants, for the payment of
any salaries or compensation except out of the fee fund of the county. [1880,
April 8: 77 v. 137, 138; Rev. Stat. 1880; 70 v. 26, § 7.]
SEC. 1348. [Penalties for non-compliance with provisions of this
chapter.] In case any officer named, fails to pay over into the county treas-
ury any money f[o]und to be due from him, upon his settlement with the
county commissioners, as herein required, for the period of thirty days after
the same has been ascertained and found by them to be due, and notice given
to him; or if any one of said officers willfully fails to furnish the statements
and reports herein required, at the time and in the manner specified; or if the
sheriff fails to pay over moneys to his successor in office, as herein provided;
or if any one of said officers willfully makes any such report or statement false
in any material matter, knowing the same to be so; or if any one of said offi-
cers willfully violates any of the provisions in this behalf-he shall, upon con-
viction upon indictment or information in the court of common pleas of the
county, be adjudged guilty of misconduct in office, and be immediately removed
therefrom, and in addition forfeit all compensation to which he would other-
wise be entitled, and be condemned to pay a fine for the use of the county of
not less than five hundred nor more than two thousand dollars; for the pay-
ment of which forfeiture and fine, as well as any amount otherwise due from
him in his official capacity, his sureties shall also be liable upon their bond to
be recovered in a civil action in the name of the state, for the use of the county ::
the probate judge shall be subject to all the fines and penalties prescribed in
this section, except removal from office. [67 v. 36, § 8.]
SEC. 1349. [Official bond held liable, etc.] The official bond required
by law and hereafter taken from any of said officers in said county, shall be
deemed to make the parties to the same liable for any violation on the part of
the officer for whom they are sureties, of any of the provisions hereof, and for
the faithful performance of all the duties required. [67 v. 36, §9.]
SEC. 1350. [Separate fee fund account shall be kept.] The fees, costs,
percentages, penalties, allowances, and other perquisites paid into the county
treasury by said officers shall be by the treasurer credited to a separate fund, to
be called a fee fund. [69 v. 75, § 12.]
SEC. 1351. [Receipts shall be verified by oath, etc.] Before the auditor
issues a warrant upon the county treasurer to any deputy, clerk, book-keeper,
652
§§ 1352-1354.
FEES AND COSTS.
Tit. IX, Ch. 3.
or other assistant for his compensation or salary, such person shall sign a
receipt and verify the same by oath attached, which receipt and oath shall be
in the following form:
No.-
Received of the (here recite the county, or officer, as the case may be,) by (here insert name of party
receiving salary and compensation)
dollars, in full for services as (here insert services) for
ending
(Name of party receiving money.)
18
I hereby swear that I have rendered the services as herein stated, and that I have received the full sum
set forth in the above receipt for my own use and benefit, and that I have not paid, deposited, or assigned,
nor contracted to pay, deposit, or assign, any part of such compensation for the use of any other person, nor
in any way, directly or indirectly, paid or given, nor contracted to pay or give, any reward or compensation
for any office or the enrollments [emoluments] thereof.
(Name of party receiving money.)
18-.
Justice of the peace.
Sworn to, and subscribed, before me this
day of
And said receipt and oath shall be preserved and filed by the auditor. [67 v.
36, § 13.]
SEC. 1352. [No reduction of fees, costs, etc., to be made except on
order of commissioners.] None of the said officers shall be authorized to
make any reduction, abatement, or remission of any fee, cost, percentage, pen-
alty, or allowance that it may be their duty to charge or collect, except upon
the order of the county commissioners; and when the commissioners make
any such order, it shall be entered upon the minutes or records of their pro-
ceedings, setting forth the reasons for such reduction; nor shall any such
reduction, abatement, or remission be made by any of the officers aforesaid,
until such entry has been first made and properly certified to them by the
auditor; but in Cuyahoga county the treasurer may, without such order, omit to
enforce payment of penalties for the non-payment of taxes within the time
limited by law; and the fees for naturalization papers shall, in said county, in
no case exceed twenty-five cents. [68 v. 58, § 1.]
SEC. 1353. [Definitions, etc.] The words fees, costs, percentages, penal-
ties, allowances, and other perquisites, as they relate to the sheriff, are intended
to apply to any turnkey's fees, and all allowances of jailer's fees made to the
sheriff or jailer for the support of prisoners in the county jail, from whatever
source derived. [67 v. 36, § 15.]
SEC. 1354. [Laws not changed by this chapter; omitted court costs.]
Nothing herein shall be construed as changing the existing laws of the state
relating to the appointment and approval of any deputy, clerk, bookkeeper
or other assistant of any officers, except as to limiting the number and com-
pensation of each as provided herein; provided, however, that the board of
county commissioners of any county of this state containing a city of the first
grade, first class, or a majority of such board, shall have full and final power
to contract with some proper person to ascertain and furnish to the clerk of
the court of common pleas, and to the clerk of the superior court, if there be
such court in such county, the amounts and items of fees and costs which
have been omitted from being taxed and collected in any cause or causes
which may have been begun in said courts; and upon report of any such item
or items by such person so employed to said clerk, the said clerk shall, im-
mediately upon receipt of such report or reports, enter, tax and collect said costs
or fees, and return, account for and pay over the same, as other fees or costs,
separate accounts of which shall be kept. No payment on account of such
services shall be made to such person so employed, except in accordance with
the terms of an agreement between said board of commissioners and said per-
son, which compensation shall be a portion of such costs, not exceeding
twenty-five per centum thereof; such payments to be made by the county
treasurer upon order of the county commissioners and the warrant of the
county auditor, and only out of money actually paid into the county treasury
as costs or fees, which had been theretofore so reported as omitted to be taxed
653
Tit. IX, Ch. 3.
FEES AND COSTS.
S$ 1355-1357.
and collected. Any clerk who shall willfully refuse to tax and collect any fees
or costs so reported to him, and any clerk or other official or employe of said
courts or county who shall willfully omit to tax any fees or costs for the pur-
pose of wrongfully increasing the number or amounts of such omissions, shall
be deemed guilty of a misdemeanor, and upon conviction thereof, before any
court of competent jurisdiction, shall be sentenced to pay and shall be re-
quired to pay a fine not exceeding one hundred dollars, or be imprisoned in
the county jail not exceeding sixty days, or both, at the discretion of the court;
and it is hereby made the duty of the prosecuting attorney of the county to
enforce the provisions of this section. [90 v. 239; 67 v. 36, § 16.]
SEC. 1355. [Fee fund in excess of certain sum to be transferred to
county fund.] When the net accumulated fund in the county treasury to the
credit of the fee fund arising from fees, costs, percentages, penalties, allowances,
or perquisites of the offices named herein exceed thirty thousand dollars over
and above the expenses of said officers, the county auditor, upon the order of
the county commissioners, shall transfer from said fee fund to the general fund,
for the use of the county, any sum that has accumulated over and above the
sum of thirty thousand dollars in Hamilton county. [1880, April 8: 77 v. 137,
139; Rev. Stat. 1880; 69 v. 75, § 17.]
SEC. 1356. [Employment of clerks, etc., and their compensation.]
Nothing herein shall be construed to prevent the officers herein named from
employing their deputies, clerks, book-keepers, and other assistants, at such
compensation as they deem reasonable and proper; but such compensation
shall not exceed the maximum amount as fixed by the judges of the court of
common pleas. [69 v. 75, § 2 (4).]
SEC. 1357. [Duties devolving;on prosecuting attorney; annual report
shall be made; compensation for services.] The prosecuting attorney of
each of said counties shall be the commissioner of costs and fees, and see that
the foregoing provisions are faithfully executed by the officers named, and for
this purpose he shall have general supervision of the matter of the collecting
and reporting of the fees, costs, percentages, penalties, allowances, and other
perquisites by the officers aforesaid; and all accounts and reports of receipts
and expenditures required of said officers shall be in such form as he prescribes,
and the same shall be first examined and approved by him as correct before
they are audited as correct by the county commissioners: all the official
accounts and fee books of said officers, and the minutes and records of the pro-
ceedings of the county commissioners, shall be open to his inspection at all
times, and he has power to subpoena witnesses and coerce their attendance in
matters of investigations pending before him, as is now by law conferred on
justices of the peace: he shall make an annual report to the county commis-
sioners at their first regular meeting in June of each year, in which report he
shall give full statistics relating to the offices named, showing the gross receipts
of costs, fees, percentages, etc., expenditures on various accounts, names and
compensation of all deputies, clerks, book-keepers, and other assistants.
employed by them, together with any recommendations and suggestions he
may have to make in regard to any change which he thinks worthy of con-
sideration by the commissioners: For the services thus to be performed the
prosecuting attorney shall receive the sum of five hundred dollars, payable
annually out of the county treasury on the warrant of the county auditor from
the fee fund arising from the fees, costs, percentages, allowances, and penalties
of the offices named; but the salaries of the officers named, and the compensa-
tion of all deputies, clerks, book-keepers, and other assistants, and all official
expenses of said offices shall be first paid from said fund; and nothing in this
section shall be so construed as to make the county or county commissioners
liable to any such prosecuting attorney for the payment of such salary or com-
654
1358.
FEES AND COSTS.
Tit. IX, Ch. 3.
pensation, except out of the fees, costs, percentages, and penalties collected of
the officers, as aforesaid. [70 v. 120, §2.1
SEC. 1358. [Fees to be property of county.] Nothing in the preceding
sections relating to fees of officers in Hamilton county shall be construed to
vest in any of said officers entitled to any of the fees, costs, percentages,
penalties, or other perquisites remaining unpaid at the end of the official terms
of such officers, but the same shall be the property of the county, to be collected
by the successors in office and applied as herein provided. [1880, April 8:
77 v. 137, 139; Rev. Stat. 1880.]
SEC. 1359. [Repealed 1880, April 8: 77 v. 137, 139. Former statute: Rev.
Stat. 1880.]
SEC. 1360. [Collection of costs and fees in Hamilton county.] [76
v. 94; repealed March 5, 1891: 88 v. 690.]
SEC. 1361. [Collector to collect costs and fees due and unpaid for
one year.] [Repealed March 5, 1891: 88 v. 690.]
SEC. 1362. [Common pleas court shall fix salary of collector.] [Re-
pealed March 5, 1891: 88 v. 690.]
SEC. 1363. [Collector shall take oath of office and give bond.] [Re-
pealed March 5, 1891: 88 v. 690.]
Section 1354 provides for a collector.
SEC. 1364. [Repealed 1880, April 8: 77 v. 137, 139. Former statute: Rev.
Stat. 1880.]
SEC. 1365. [County commissioners to increase or diminish the pre-
scribed fees.] Except in the counties of Cuyahoga and Hamilton, when, after
an investigation by the commissioners of any county, they are of opinion that
the compensation of the county auditor, county treasurer, clerk of the court of
common pleas, sheriff, coroner, probate judge, or recorder in their county, as
their fees prescribed in the chapters relating to their respective offices, is either
too great or too small, they may, by order entered on their journal, increase or
diminish the fees so prescribed for such officer, to the extent of ten per cent.
thereof, and thereafter the rates so fixed by them, and no other, shall be lawful.
fees for such officer: provided, that in counties having twenty thousand inhab-
itants at the last preceding federal census, no increase shall be so made by the
commissioners when the fees of the officer, after deducting a reasonable clerk
or deputy hire, if the same is necessary for his office, amounts to fifteen hun-
dred dollars per annum; nor shall any reduction be so made when the fees of
the officer, after deducting a reasonable clerk or deputy hire, if the same is
necessary for his office, do not exceed twelve hundred dollars per annum; and,
provided, further, that such change shall be made but once with reference to
any office herein named; and, provided, further, that officers elected or
appointed to any of said offices before the passage of this act shall not, as to
their fees or salary for the time for which they may have been elected or
appointed, be affected, but they shall severally be entitled to the fees and salary
prescribed for their respective offices before the passage of this act. [76 v. 117,
§§ 34, 35, 36.]
(1365-1) [Fees of county officers in Cuyahoga county.] [Sec. 1.]
That in each county containing a city of the second grade of the first class,
the compensation of the officers thereof shall be as follows: Clerk of the court
of common pleas, an annual salary of four thousand dollars, then twenty per
cent. the first year, after the passage of this act, twenty per cent. the second
year, after the passage of this act, and ten per cent. thereafter of all fees actu-
ally collected by him and paid by said clerk into the fee fund as hereinafter
provided; sheriff, an annual salary of four thousand ($4,000) dollars a year,
and twenty per cent. the first year, twenty per cent. the second year, after the
655
§ (1365—2).
FEES AND COSTS.
Tit. IX, Ch. 3.
passage of this act, and ten per cent. thereafter of all fees actually collected by
him and paid into the fee fund by said sheriff as hereinafter provided; treas-
urer, an annual salary of seven thousand ($7,000) dollars; and the legal pen-
alty of five per centum on all delinquent chattel taxes paid or collected, but
the treasurer shall hire at his own expense all collectors employed for that
special purpose; auditor, an annual salary of ($5,000) dollars; recorder, an
annual salary of four thousand five hundred ($4,500) dollars; probate judge,
an annual salary of five thousand ($5,000) dollars; coroner, an annual salary
of two thousand five hundred ($2,500) dollars; judge of the court of insol-
vency, an annual salary of two thousand five hundred ($2,500) dollars, which
sums shall be paid to them monthly out of the fee fund of the county here-
inafter provided for, upon the warrant of the county auditor; it being the in-
tent and purpose of this section to limit the compensation from all sources of
the officers named, to the sums herein before specified. [93 v. 446; 92 v. 602.]
As to fees for filing, etc., judgments of federal courts in Ohio by clerk of court of com
mon pleas, see ? (1257-2).
(1365-2) [Fees for use of county treasury.] The fees, costs, percent-
ages, penalties, allowances, and all other perquisites of whatever kind, which,
by law, the clerk of the court of common pleas, sheriff, treasurer, auditor, re-
corder, probate judge, judge of insolvency, and coroner, in counties containing
a city of the second grade of the first class, may receive and collect for any
services rendered, shall be received and collected by said officers, respectively,
for the sole use of the treasury of said county, as public moneys belonging to
it, and shall be accounted for and paid over as such, in the manner herein-
after provided. [92 v. 602.]
(1365-3) [Sworn statement by each officer.] Sec. 3. Each of the
several officers named in the preceding sections shall submit to the county
commissioners, monthly, during each year of their official term, a certificate
and sworn statement in detail of all the costs, fees, percentages, penalties, al-
lowances and other perquisites of every kind in any cause, matter or proceed-
ing received by him for services rendered during the month next preceding
the time of making such statement. [93 v. 446; 92 v. 602.]
(1365-4) [Amount to be expended yearly for deputies, etc., deter-
mined by judges of courts of common pleas; compensation and expenses of
subordinates.] The judges of the court of common pleas, in joint session, shall,
from to time to time, upon request of either the clerk of the court of common
pleas, sheriff, treasurer, auditor, recorder, probate judge, judge of insolvency,
or coroner, fix an aggregate sum to be expended yearly for the compensation
of all deputies, book-keepers, clerks, and other assistants of the county officer
making such request. The officers herein named shall appoint their deputies,
clerks, book-keepers, and all other assistants necessary, and no more, and fix their
compensation, but such compensation shall not exceed in the aggregate the
amount fixed by the judges in joint session, as herein provided, but no clerk
or deputy of any of the above named officers shall receive a salary to exceed
two thousand five hundred dollars per annum. The compensation of such
officers, deputies, clerks, book-keepers, and other assistants, after being fixed as
herein provided shall be paid to them monthly out of the county treasury,
upon a warrant of the county auditor. No officer shall receive or be paid,
directly or indirectly, any part of the salary or compensation of such deputy,
clerk, book-keeper, or other assistant, or any fee or reward for appointing him
to such position; nor shall any such deputy, clerk, book-keeper, or other as-
sistant receive, for any official act or duty, any additional fee, salary or com-
pensation other than the compensation fixed as herein provided; the county
commissioners shall allow, and order to be paid as other claims against the
county, all other reasonable expenses necessary to the proper discharge of the
duties of any of the above named officers; but the compensation of all depu-
ties, clerks, book-keepers, and assistants hereby authorized to be paid, shall be
1
656
§ (1365—5).
FEES AND COSTS.
Tit. IX, Ch. 3.
paid out of the fees, costs, percentages, penalties, or allowances collected by said
officer, and accounted for and paid into the county treasury. [92 v. 602.]
(1365-5) [Account to be kept.] Each of said officers shall keep full
and regular accounts, subject at all times to the examination of the county
commissioners, of all sums due the county on account of official fees, costs, per-
centages, penalties, allowances and other perquisites of whatever kind, and of
all such sums collected by him, and said books of accounts shall be a part of
the records of their respective offices, and belong to the county, and shall be
transmitted to their respective successors in office. [92 v. 602.]
(1365-6) [Monthly payment made.] Each of said officers shall, at the
end of each month, pay into the county treasury, on the warrant of the
county auditor, to the credit of the fee fund, and account to the county com-
missioners, for the use of the county, all the fees, costs, penalties, percentages,
allowances and perquisites of every sort collected by him during said month;
said county commissioners shall keep a separate account with each officer, but
if at the close of any month the amount of fees, costs, percentages, allowances
or penalties in the fee fund be not sufficient to pay to them the proportion due
them for their own use as herein limited, they shall be entitled to receive the
amount of any such deficiency out of the fee fund as created by collections
subsequently made in any succeeding month or months, from the official costs,
fees, percentages, allowances and penalties earned and charged by them, after
deducting therefrom, the amounts allowed for the compensation of the depu-
ties, clerks, book-keepers, and assistants, as herein before provided. In case
the fees, costs, percentages, allowances, or penalties in the fee fund be not
sufficient to meet the salary of officers and clerks from the fee fund, the
balance necessary to meet such deficiencies, may be taken, from the general
county fund for the first three years after the passage of this act. The sheriff
at the expiration of his term of office, or within ten days thereafter, shall pay
over to his successor in office, all moneys that may be in his hands, under any
execution, order of sale, or other legal process of whatever kind, and the pro-
ceeds arising from any sale of real or personal property by him previously
made, and which he holds awaiting an order of court for confirmation of sale
or distribution of proceeds. [92 v. 602.]
(1365-7) [Penalty.] In case any officer named fails to pay over
into the county treasury any money found to be due from him upon his settle-
ment with the county commissioners, as herein required, for the period of
thirty days after the same has been ascertained and found by him to be due,
and notice given him, or if any one of the said officers willfully fails to pay
over moneys to his successor in office, as herein provided; or if any one of
said officers knowingly make such report or statement false in any material
matter, or if any one of the said officers willfully violates any of the pro-
visions in this behalf he shall, upon conviction upon indictment, or informa-
tion, in the court of common pleas of the county, be adjudged guilty of mis-
conduct in office, and be immediately removed therefrom, and in addition,
forfeit all compensation to which he would otherwise be entitled, and be con-
demned to pay a fine for the use of the county, of not less than five hundred
dollars, nor more than five thousand dollars; for the payment of which for-
feiture and fine, as well as any amount otherwise due from him in his official
capacity, his sureties shall be liable under their bond to be recovered in a civil
action in the name of the state, for the use of the county; (probate judge shall
be subject to all the fines and penalties prescribed in this section). [92 v. 602.]
(1365-8) [Fee fund.] The fees, costs, percentages, penalties, allowances
and other perquisites paid into the county treasury by said officers shall be by
the treasurer credited to a separate fund, to be called the fee fund. [92 v. 602.]
1
657.
Tit. IX, Ch. 3.
FEES AND COSTS.
$ (1365-9).
(1365-9) [No reduction, etc., of fee.] None of the said officers shall
be authorized to make any reduction, abatement or remission of any fee, cost,
percentage, penalty or allowance that may be their duty to charge or collect,
except upon the order of the presiding judge of the court in which said action
is brought, and when the judge shall make any such order, it shall be entered
upon the journal of said court, setting forth the reason for any such reduction,
abatement or remission; nor shall any such reduction, abatement or remission
be made by any of the officers aforesaid, until such entry has first been made
upon the journal of said court. [93 v. 446; 92 v. 602.]
(1365-10) [Transfer to sinking fund.] When the net accumulated
funds in the county treasury to the credit of the fee fund arising from the fees,
costs, percentages, penalties, allowances or perquisites of the officers named
herein exceed ten thousand dollars over and above the annual expenses payable
therefrom, the county auditor, upon the order of the county commissioners,
shall transfer from said fee fund to the sinking fund for the use of the county,
any sum that has accumulated over and above such excess of ten thousand
dollars. [92 v. 602.]
(1365-11) [Saving clause.] Nothing in the preceding sections relat-
ing to fees of officers shall be construed to vest in any of said officers, any
title to any fees, costs, percentages, penalties or other perquisites remaining un-
paid at the end of the official terms of such officers, but the same shall be the
property of the county, to be collected by their respective successors in office
and applied as herein provided. [92 v. 602.]
(1365-12) [Cost of keeping prisoners.] The cost of maintaining
prisoners in the county jail shall be paid out of the county treasury, on the
warrant of the auditor, approved by the county commissioners. The sheriff
shall render monthly to the county commissioners an itemized and accurate
account of the actual cost of maintaining the prisoners, and the amount which
shall be left after deducting from the sum now provided by law for such main-
taining such prisoners such actual cost of so maintaining them shall be paid
into the fee fund, on the warrant of the county auditor. [92 v. 602.]
(1365-13) [Saving clause.] The provisions of this act shall in no
wise apply to or effect any officer elected or qualified prior to the passage of this
act. Nothing contained in this act shall be so construed as to increase the
amount of money paid to any one office over and above the amount paid into
the general fund by the chief officer of said office after three years have elapsed.
[92 v. 602.]
The following act is inserted because it seems to be referred to in the preceding act,
e. g. ? (1365—2).
(1365-14) [Fees of Cuyahoga recorder, auditor, and treasurer.]
In all counties of the state, having at the last federal census a population of
not less than one hundred thousand and not more than one hundred and fifty
thousand inhabitants, the fees and pay of the county recorder, the county
auditor, and the county treasurer, shall be as follows: [77 v. 137.]
(1365-15) [Fees of county recorder in Cuyahoga county.] The
fees of the county recorder shall be for recording a mortgage, deed, convey-
ance, power of attorney, or other instrument of writing, ten cents for every
hundred words actually written on the records, and ten cents for indexing the
same, to be paid on the presentation of such instruments for record; for certify-
ing copy from the records, ten cents for every hundred words; for recording
assignment or satisfaction of mortgage, or discharge of a soldier, twenty-five
cents; for every search of the record, without copy, fifteen cents; for recording
any plat, not exceeding six lines, one dollar, and for each additional line, five
43
658
Ş (1365-16).
FEES AND COSTS.
Tit. IX, Ch. 3.
cents, and the recorder shall be allowed such further compensation as is pro-
vided for in section one thousand one hundred and fifty-eight of the revised statutes.
[77 v. 137.]
The
(1365—16) [Fees of county auditor in Cuyahoga county.]
fees and compensation of the county auditor shall be the same as is provided
in sections one thousand and sixty-nine, one thousand and seventy, one thousand and
seventy-one, one thousand and seventy-two, one thousand and seventy-three, and one
thousand and seventy-six of the revised statutes; and in addition thereto, in lieu
of the fees and compensation provided for in sections one thousand and seventy-
four and one thousand and seventy-five of the revised statutes, he shall receive fees.
as follows: For placing on the grand duplicate special assessments and sewerage
taxes, as certified by the city auditor, for each description of property sought
to be assessed, eight cents: provided, that such allowance shall not exceed five-
tenths of one per cent. of the amount actually collected. [77 v. 137.]
(1365-17) [Fees and compensation of county treasurer in Cuya-
hoga county.] The fees and compensation of the county treasurer shall be
as follows: On settlement, semi-annually, with the auditor, he shall be al-
lowed on all moneys collected on the grand duplicate, as follows: On the
first ten thousand dollars, two and one-half per cent.; on the next ten thousand
dollars, one and one-half per cent.; on the next ten thousand dollars, one per
cent.; on the next two hundred thousand dollars, seven-tenths of one per cent.;
on all moneys collected for school purposes, such compensation as is provided
in section three thousand nine hundred and sixty of the revised statutes; on all
moneys collected on any special duplicate, seven-tenths of one per cent.; on all
other moneys collected on the tax duplicate, four-tenths of one per cent., and
on all moneys collected otherwise than on the duplicate, the following per-
centage on licenses, fines, forfeitures, bonds, recognizances: on the first one.
thousand dollars, ten per cent., and on all over one thousand dollars, five per
cent.; and on all other moneys collected, on the first ten thousand dollars, one
per cent., and on any excess, five-tenths of one per cent.; but no compensation,
percentage, commission, or fees shall be allowed on any moneys received by
him from the state treasurer, or from his predecessor in office, or the legal rep-
resentative or sureties of such predecessor, or on any moneys received from the
proceeds of the bonds of the county or of any municipal corporation. [77 v. 137.]
?
Section 5 of this act amended 1341 of the Revised Statutes; 26 amended 1345; 27 amended & 1347;
@ 8 amended ? 1355, and 29 amended 1358. For the amendments, see those sections. Sections 10, 11, and 12
of this act read as follows:
"SEC. 10. That said original sections 1341, 1345, 1347, 1355, 1358, and also sections 1359 and 1364 of the
revised statutes be and the same are hereby repealed.
"SEC. 11. That this act shall not affect the fees or compensation of any officer elected and qualified
prior to the first day of January, 1880.
"SEC. 12. This act shall take effect and be in force from and after its passage."
(1365-18). SEC. 1. [Salaries of county officers of Cuyahoga county.]
In each county containing a city of the second grade of the first class, the com-
pensation of the officers thereof specified in this section shall be by annual
salary, except as otherwise provided in sections 9 and 10,of this act, to be paid
in monthly installments, as follows: The recorder $2,000; treasurer and auditor
$2,500 each; and neither of them shall receive, or agree to receive, directly or
indirectly, any additional compensation from any source whatever for the per-
formance or omission of any official duty, nor a reward of any kind from any
employe in his office, or other person, in consideration of the appointment of
any such employe, nor any portion of the compensation of any of his employes,
nor any money or thing by way of gift or otherwise from any officer, agent, or
employe of the county or the commissioners, or from any other person except
as provided herein. And no such employe shall pay or agree to pay, directly
or indirectly, to the officer by whom he is employed any reward for his appoint-
ment, nor receive from any person any fee or compensation for his own use or
for the use of such officer for the performance or omission of any official duty.
659
Tit. IX, Ch. 3.
FEES AND COSTS.
§ (1365-19).
The compensation of the deputies and other clerks and employes of said officers,
except persons employed temporarily as provided in the next section, shall be
by annual salary exclusively, to be paid in monthly installments; and all such
salaries shall be paid by the county in the manner hereinafter provided; but
if any such officer be removed from office, or any such deputy, clerk, or employe
be dismissed from his position, his compensation shall cease at the time of such
removal or dismissal. [88 v. 47; 86 v. 264.]
(1365-19) SEC. 2. [Officers may select their employes.] Each of
said officers shall select the persons to be employed in his office and designate
the capacity in which they shall serve, respectively; but the number of such
employes, and the compensation of each, shall be determined by the county
commissioners and the officer selecting the same, and in case said county com-
missioners and said officer cannot agree upon the compensation of any employe,
the same shall be referred to the judge of the court of common pleas of said
county presiding in court room one, whose determination of the amount of
said compensation shall be final. And in determining the salaries of said
employes they may allow to one deputy in the office of the treasurer and audi-
tor, respectively, a salary of not more than $2,000; but no other deputy, clerk
or employe in either of said offices shall be allowed more than $1,500 per year,
and in the office of the recorder they may allow the deputy not more than
$1,500, but no other clerk or employe in his office shall be allowed more than
$1,200; provided, that the employment of clerks or other assistants temporarily
in addition to the regular employes, at a stipulated sum per day, may be
authorized by the county commissioners of such county, when they are satis-
fied that the business of any such office so require. [88 v. 48; 86 v. 264.]
(1365-20) SEC. 3. [Officers to file pay-roll with county commis-
sioners monthly.] Each officer mentioned in section one hereof shall within
ten days after entering upon the discharge of his official duties, and as often
thereafter as any change shall occur therein, file with the county commissioners
of said county a certificate, under oath, of the number of deputies and other
clerks and employes allowed to him by the county commissioners, and the
name and compensation allowed to each; and the commissioners shall keep a
record of the number of deputies and other clerks and employes allowed each
of said officers and the compensation of each, and on the first business day of
each month each of said officers shall submit to the commissioners a pay-roll
for the preceding month, which shall show the name and official title of such
officer, the name of each person employed in his office for the month covered
by the pay-roll, and the capacity in which he was employed, and also the sala-
ries of the officer and employes respectively, the allowance per day for tem-
porary clerks or assistants, if any of such have been employed, and the amount
due each. There shall be attached to such pay-roll a statement, under oath,
by the officer that the pay-roll is correct in every particular, and that he is not
to receive, directly or indirectly, any portion of the compensation shown there-
by to be due any employe whose name is entered thereon. If the commissioners
find, upon examination, that such pay-roll is correct, they shall endorse thereon
their approval of the same, and file the same with the county auditor, who
shall draw his warrant on the county treasurer in favor of the respective per-
sons whose names appear thereon for the amount shown thereby to be due
them respectively, and take their receipts therefor on the pay-roll on the right
hand margin opposite their respective names in a space headed, "received
from the county auditor a warrant for the amount shown hereon to be due
me." [88 v. 48; 86 v. 264.]
(1365-21) SEC. 4. [Disposition of fees, costs, etc., collected by
officers.] One-half of all fees, costs, percentages, penalties, allowances and other
perquisites which are now or may hereafter be allowed by law for the perform-
660
§ (1365-22).
FEES AND COSTS.
Tit. IX, Ch. 3.
ance of official duty by any officer mentioned in section 1 shall, when collected,
be for the sole use of the county; the remaining fifty per cent. of said fees,
costs, percentages, penalties, allowances and other perquisites shall be disposed
of as hereinafter provided in section 10 hereof; the total receipts thereof each
day by each of said officers shall, except as otherwise provided in section 7, be
by him paid to the county treasurer before noon of the next business day
succeeding their collection, and be duly accounted for by the treasurer, and
said officer shall keep full and accurate accounts of all fees, costs, percentages,
penalties, allowances and other perquisites that accrue to his office, the amounts
paid by him each day, and the sources from which the same are derived, and
the amount paid to the county treasurer each day. [88 v. 49; 86 v. 264.]
(1365-22) SEC. 5. [Itemized and sworn statements to be filed
monthly with county commissioners.] Each officer mentioned in section one,
shall, on the second Monday of each month, file with the county commission-
ers a statement verified by his affidavit, showing the full receipts daily by him.
for the preceding month, and the total for the month. And on the day his
term of office expires, he shall file with the commissioners like statements,
showing such receipts daily since his last statement. [86 v. 264.]
All
(1365-23) SEC. 6. [Statements so made to be preserved.]
statements required by the preceding section to be filed with the county com-
missioners, shall be carefully preserved by them, and shall be subject to public
inspection during all official business hours, and the accounts provided for by
section four shall be subject to like inspection, and shall remain in the respect-
ive offices where kept, and at the expiration of the term of any officer men-
tioned in section one, shall be turned over to the successor in office. [86 v. 264.]
(1365-24) SEC. 7. [Fees, costs, etc.] Each officer mentioned in
section one shall, where authorized by law, collect all fees, costs, percentages,
penalties, allowances and other perquisites accruing to his office before, or at
the time they are earned; and all fees, costs, percentages, penalties, allowances
and other perquisites, accruing to his office and unpaid at the expiration of his
term, shall be collected by his successor in office, and be by him paid into the
county treasury; and in the reports to the county commissioners provided in
section six hereof, each officer shall separately state what amount of his monthly
collection accrued to his office, during the term of his predecessor; and the
county auditor shall draw his warrant upon the county treasurer in favor of
such predecessor for any portion of said amount found due him. [86 v. 264.]
(1365-25) SEC. 8. [Duty of commissioners; extension of time.] It
shall be the duty of the county commissioners to see that the provisions of this act
are faithfully complied with, and they may employ a suitable person or persons
whenever and for such time as they may deem necessary, and at such compen-
sation as they deem judicious, to ascertain by examination whether the accounts
of the officers mentioned in section one are correctly and legally kept, and
whether the statements they are required by this act to make to the commis-
sioners are correct; and such persons shall report to the commissioners the
result of such examination, which report they shall preserve in their office. If
it appear by any such report that any such account or any such statement
is false or fraudulent in any respect, they shall make a thorough examination
of the matter, and may, if they deem it necessary or expedient, subpoena wit-
nesses, and examine them under oath, and they shall have the same power as
justices of the peace to compel the attendance of witnesses. The costs of any
such investigation shall be paid from the general fund of the county on the
warrant of the county auditor, when duly certified to him by the county com-
missioners herein. And the county commissioners shall also have power to
extend, at their discretion, for thirty days the time for the payment of taxes.
[87 v. 247; 86 v. 264.]
661
Tit. IX, Ch. 3.
FEES AND COSTS.
§ (1365-26).
(1365-26) SEC. 9. [Compensation of clerk, sheriff, and probate
judge.] All fees, costs, percentages, penalties, allowances and other perquisites
which are now, or may hereafter be allowed by law for the performance of
official duty by the clerk, sheriff and probate judge of such county, or by the
sheriff as special master commissioner, or as receiver in any case, shall belong
to and be for the sole use of said clerk, sheriff and probate judge, respectively.
[88 v. 49; 86 v. 264.]
(1365-27) SEC. 10. [Further compensation for county officers.]
Each of the officers herein mentioned in section one hereof, shall be allowed
and paid monthly, in addition to the salary provided for herein in section one
hereof, any balance remaining of one-half of the fees, costs, percentages, penal-
ties, allowances and perquisites accruing to his office, and by him paid into the
county treasury, after deducting therefrom an amount equal to one-half of the
salaries paid to the assistants in his office; and the county auditor, after making
the proper deduction, shall, on the second Monday of each month draw his
warrant on the county treasurer in favor of such officer for the balance remain-
ing of the said fifty per cent. so due him; and the amount so deducted from
said fifty per centum shall be for the use and benefit of said county. [88 v. 49;
86 v. 264.1
(1365-28) SEC. 11. [Treasurer to credit the general fund with
money received.] All money paid to the county treasurer in pursuance of
this act, shall be by him credited to the general fund of the county; and all
warrants issued by the county auditor in pursuance hereof shall be drawn upon
said fund. [86 v. 264.]
(1365-29) SEC. 12. [Penalty for violating this act.] If any officer
mentioned in section one willfully fail or refuse to perform faithfully and
promptly any duty required by him of this act, or knowingly violate any pro-
vision thereof, or willfully make any false or fraudulent showing in any state-
ment thereby required of him, or in any account provided herein, he shall be
subject to the penalties provided in section one thousand three hundred and forty-
eight of the Revised Statutes; and if any deputy, clerk, or employe willfully
violate any provision of this act, he shall be fined not less than one hundred
nor more than two hundred dollars, and be imprisoned in the county jail not
less than three months nor more than one year. [86 v. 264.]
(1365–30) SEC. 13. [Official bonds.] The official bond required by
law hereafter taken from any of said officers mentioned in section one hereof,
shall be deemed to make the parties to the same liable for any violation on
the part of the officer for whom they are sureties, of any of the provisions of
this act, and for the faithful performance of all duties required thereby. [88 v.
50; 86 v. 264.]
(1365-31) SEC. 14. [Present officers not affected.] This act shall
not affect the duties, fees or compensation of any officer mentioned in section
one hereof, elected and qualified prior to the passage of this act. [86 v. 264.]
(1365-32) SEC. 15. [Repeals.] Any provision of statute in force
when this act takes effect, which conflicts with any provision of this act, shall,
to the extent that it is inconsistent with the latter, and not otherwise, be held
to be superseded by this act, as to counties described herein; but other pro-
visions of statute so in force relating to county officers and county affairs shall
not be affected by this act. [86 v. 264.]
(1365–33) [As to Lucas county.] In all counties of the state having
at the federal census of 1870 a population of not less than 46,000, and not more
than 52,000, the fees and compensation of the county auditor and county treas-
urer shall be as follows, viz.: [78 v. 167.]
The fees of the
(1365-34) [Fees of auditor of Lucas county.]
county auditor shall be the same as provided in sections one thousand and sixty-
662
§ (1365-35).
FEES AND COSTS.
Tit. IX, Ch. 3.
nine, one thousand and seventy, one thousand and seventy-one, one thousand and
seventy-two, one thousand and seventy-three, one thousand and seventy-four, one thou-
sand and seventy-five, and one thousand and seventy-six of the revised statutes, and
in addition thereto he shall receive fees as follows, viz.: For placing on the
grand duplicate special assessments and sewerage taxes, as certified by the city
clerk, or city auditor, as the case may be, eight cents for each description of
property sought to be assessed, and the county commissioners shall allow to the
auditor for making the separate duplicates provided for in section three (3) of an
act entitled "an act to facilitate the collection of forfeited and delinquent taxes
in Lucas county," passed February 26, 1880, the sum of eight hundred dollars.
[78 v. 167.]
(1365–35) [Fees of treasurer of Lucas county.] The fees and com-
pensation of the county treasurer shall be as follows: On settlement semi-
annually, with the auditor, he shall be allowed on all moneys collected on the
grand duplicate as follows: On the first twenty-five thousand dollars, two and
one-half per centum; on the next twenty-five thousand dollars, one and one-
half per centum; on the next one hundred fifty thousand dollars, one per
centum; on all moneys collected for school purposes such compensation as is
provided in section 3960 of the Revised Statutes, and on all moneys collected
on any special duplicate and on all other moneys collected on the grand dupli-
cate, five-tenths of one per centum; and on all moneys collected otherwise than
on the duplicate the following percentages, viz.: On licenses, fines, forfeitures,
bonds, recognizances, on the first one thousand dollars, ten (10) per cent., and
all over one thousand dollars, five per cent., and on all other moneys collected
on the first ten thousand dollars, one per cent., and on any excess, five-tenths
of one per cent. ; but no compensation, percentage, commission, or fees shall be
allowed on any moneys received by him from the state treasurer, or from his
predecessor in office, or the legal representative, or sureties of such predecessor,
or on any moneys received from the proceeds of the bonds of the county, or of
any municipal corporation. [90 L. L. 335; 78 v. 167.]
Salary act for Miami county, see 92 v. 567; 29 am. 93 v. 529.
The act (92 v.567) so far as it relates to the compensation of certain county officers and their assistants is
valid. Sections 13 and 14 being independent of the rest of the act, not passed upon: Pearson et al. v. Stephens,
56 O. S. 126.
Salary act for Pickaway county, see 92 v. 597; 22 1, 2 and 5 amended 93 v. 507.
Salary act for Tuscarawas county, 93 v. 513.
Salary act for Brown county, 93 v. 574.
Salary act for Holmes county, 93 v. 660.
663
Tit. X, Ch. 1.
ORIGINAL SURVEYED TOWNSHIPS. SS 1366-1368.
TITLE X. Townships.
CHAPTER 1.
ORIGINAL SURVEYED TOWNSHIPS.
CHAPTER 2. CIVIL TOWNSHIPS.
CHAPTER 3.
ELECTION PRECINCTS.
CHAPTER 1.
SECTION
ORIGINAL SURVEYED TOWNSHIPS.
SECTION
1371. When auditor may appoint trustees and treas-
urer; when may be elected.
1366. When an original township may be organized
and incorporated.
1367. Application to commissioners, their order, and
notice of election.
1372.
1373.
Who not eligible as trustee or treasurer.
Appointment of clerk; fees.
1374.
What county shall have jurisdiction when
township divided by county line.
1375.
Penalty for not serving or not performing
duties: limitation as to time persons required
1368. Conduct of election of trustees: their powers.
1369. Term of office and subsequent elections;
Carroll county.
1370. Filling a vacancy.
to serve.
SEC. 1366. [When original township may be organized and incorpo-
rated.] As soon as there are four, or more, electors in any original surveyed
township of five or six miles square, or fractional township, wherein there is
either the reserved section twenty-nine or sixteen, or where said section sixteen
has been disposed of by congress and any other section granted in lieu thereof,
whether such other section be situate within or without said original township,
and in all other fractional townships which by law are entitled to a section or
part of a section for school purposes, the said electors, or any of them may
apply to the county commissioners for the organization and incorporation of
such original township or fractional township. [73 v. 186, §1; (S. & C. 1577).]
In executing surveys under the laws of the United States, the mere marking a corner by the surveyor'
establishes no boundary, but such marked corner is controlled by the actual division lines subsequently
made, field-notes of which are returned to the proper offices and preserved according to law: Reed v. Marsh,
8 0.147.
SEC. 1367. [Application to commissioners, and their order thereon,
and notice of election.] On the application of any of said electors, and it
being made to appear to the satisfaction of the county commissioners, that
there are at least four electors in any such original township or fractional
township, the commissioners shall order an election of three trustees and one
treasurer therein, and give at least fifteen days' written notice of such election,
by setting up in three of the most public places in the township such notices,
designating the time and place of such election, and the place shall be as near
the center of such township as practicable. [29 v. 490, §2; S. & C. 1577.]
SEC. 1368. [Conduct of election of trustees; their powers.] Said
election shall be conducted in the same manner as township elections in civil
townships, and shall be held on the same day that township elections in said
township are held except that in any original surveyed township which lies in
more than one township or county, the election shall be held on the first
664
SS 1369-1374.
ORIGINAL SURVEYED TOWNSHIPS.
Tit. X, Ch. 1.
Monday of May, the place of holding said election to be as near the center of
the township as can be, and at least fifteen days' notice of such election to be
given by notices posted in five or more of the public places of the original
surveyed township, and the trustees of such township shall be a body corpo-
rate, with power to contract and be contracted with, sue and be sued, and to
take charge of such section or sections, or parts of section or sections, and to
manage the same according to the best interests thereof. [87 v. 112; 82 v. 256;
Rev. Stat. 1880; 73 v. 186, § 1; 29 v. 490, § 2; S. & C. 1577.]
Suits by trustees of original surveyed townships should be brought in the name of the corporation:
Wilson v. Trustees of No. 16, 8 O. 175.
SEC. 1369. [Term of office and subsequent elections; Carroll county.]
The trustees and treasurer shall hold their offices for three years, and a like
election shall be held every third year, of which the trustees shall give fifteen
days previous notice as aforesaid, and they failing so to do, any elector may at
any time thereafter, by like notice, call an election. Provided, however, that in
all counties having at the last federal census a population of not less than 17,566
nor more than 17,570, if said trustees shall at any time fail to give said fifteen
days' notice as aforesaid, then the county auditor shall appoint from among the
electors of such township three trustees and one treasurer, who shall hold their
offices for the same term and perform the same duties and have the same powers
as if elected as aforesaid. [93 v. 151; 90 v. 116; 29 v. 490, § 3; S. & C. 1578.]
SEC. 1370. [Filling a vacancy.] When a vacancy occurs in the office of
trustee or treasurer, the trustees shall fill the same by appointment. [29 v.
490, § 4; S. & C. 1578.]
SEC. 1371. [When the auditor may appoint trustees and treasurer;
when may be elected.] When it comes to the knowledge of the county auditor
that the electors of any such township have failed to apply to the commissioners
as aforesaid, for one year after such application is authorized, or that in any such
township the trustees and treasurer elected have failed to qualify or to perform
the duties incumbent upon them, the auditor shall appoint from among the
electors of such township three trustees and one treasurer, who shall hold their
offices for the same term and perform the same duties, and have the same powers
as if elected as aforesaid. And in case the term of office of such trustees and
treasurer have expired, and no successors have been elected or appointed, as by
this chapter provided, an election may be ordered, as provided in section thirteen
hundred and sixty-seven. In case such application is made, the commissioners
of the county in which said reserved section, or part thereof, is substituted, shall
order an election, designating the time and place of holding the same. They
shall appoint three judges and two clerks to conduct such election, who shall
give notice of the same by posting in some of the most public places within
such township, written or printed notices thereof. Said election shall be con-
ducted in the same manner as township elections in civil townships. [91 v.
276; 69 v. 76, § 1.]
SEC. 1372. [Who not eligible as trustee or treasurer.] No elector
residing on, or having any lease of, or interest in any such reserved section or
part thereof, shall be eligible to election or appointment, as trustee or treasurer
of such township. [69 v. 76, §1; 73 v. 186, § 1; S. & C. 1577.]
SEC. 1373. [Appointment of clerk; fees.] The trustees shall appoint
a clerk, who may or may not be one of their number; and such trustees and
clerk shall receive for their services like fees as are provided by law to be paid
to the trustees and clerk of civil townships for similar services; provided, how-
ever, that if the clerk be one of the trustees, he shall not receive compensation
for acting in both capacities. [1885, May 4: 82 v. 256; Rev. Stat. 1880; 29 v.
490, § 2; (S. & C. 1577).]
SEC. 1374. [What county shall have jurisdiction when township di-
vided by county line.] Every such township, or fractional township, which
665
Tit. X, Ch. 2.
CIVIL TOWNSHIPS.
S$ 1375-1376.
has a county line running through the same, shall be considered, as respects
either of such sections, as though it was not so divided, and the commission-
ers and auditor of the county in which said sections lie, shall have the same
power in respect thereof as if the township was wholly within such county,
and if such sections lie in different counties, or part in one and part in another,
then the officers of the county to which the application is first made for incor-
poration shall have exclusive jurisdiction. [29 v. 490, § 10; (S. & C. 1579).]
SEC. 1375. [Penalty for not serving or for not performing duties;
no one required to serve more than three years in nine.] Any trustee or
treasurer elected or appointed, as aforesaid, who fails to qualify, or having qual
ified, fails to perform all the duties imposed on him, shall forfeit any sum not
exceeding fifty dollars, nor less than five dollars, to be recovered in a civil action
in the name of the state, to be instituted and prosecuted by any of the trust-
ees or the treasurer; and the money when collected shall be paid into the
county treasury for the use of the schools of such township; but no person
shall be required to serve as either trustee or treasurer for more than three
years in any nine consecutive years. [41 v. 62. §3; 69 v. 76, § 2; S. & C. 1583.]
CHAPTER 2.
CIVIL TOWNSHIPS.
SECTION
SECTION
1376. Incorporation of civil townships, and their
corporate powers.
1383.
1377. Civil townships may be erected, or their bound-
aries changed on petition.
1384.
When corporation is in two or more counties,
where application to be made.
Change of name of township.
1385.
1378. Notice required and record of boundaries.
1379. Adjustment of disputed boundaries.
Territory detached not released from debts of
township.
1380. Change of boundaries in certain cases, or erec-
tion of new townships.
1381. What to be done with parts of townships left,
1382. How such change made.
1386. As to assessment and collection of taxes when
township lines changed.
1387. Duty of county treasurer in such cases.
SEC. 1376. [Incorporation of civil townships, and their corporate
powers.] Every civil township heretofore or hereafter lawfully laid off and
designated, is declared to be, and is hereby constituted, a body politic and cor-
porate, for the purpose of enjoying and exercising the rights and privileges con-
ferred upon it by law: it shall be capable of suing and being sued, pleading and
being impleaded, and of receiving and holding real estate by devise or deed, or
personal property for the benefit of the township for any useful purpose; and the
trustees of the township shall hold the same in trust for the township for the
purpose specified in any devise, bequest, or deed of gift; and the trustees may
also receive any conveyance of real estate to the township when the same is
necessary to secure or pay any debt or claim due the township, and may sell
and convey any real estate so received on account of any debt or claim, and
the proceeds of such sale shall be applied to the fund to which such debt or
claim belonged. [62 v. 172, §1; S. & §. 910; (S. & C. 1565).]
S.
For "
an act to authorize trustees of any township to sell certain stocks" (85 v. 143), see
? (2675-9).
For an act authorizing townships and municipal corporations to purchase grounds,
build, and operate railroad machine shops" (77 v. 292).
For "
an act to regulate the manufacture, sale, and use of dynamite within the state of
Ohio" (82 v. 182), see ? (4238—21) et seq.
For township liabilities an action lies against the trustees, and it is better to sue them without giving
their individual names: Harding v. Trustees of New Haven Tp., 3 O. 227; Trustees of Concord Tp. v. Miller,
5 O. 184; Wilson v. Trustees of No. 16, 8 O. 174.
When they lease school lands they execute a special power, and in suing on it they must set out a case
in which that power can be legally exercised: Trustees of Concord Tp. v. Miller, 5 0. 184; they may in such
case maintain an action for use and occupation against occupants who held and used under a void lease:
Wilson v. Trustees of No. 16, 8 O. 174.
666
$$ 1377-1380.
CIVIL TOWNSHIPS.
Tit. X, Ch. 2.
They may maintain an action against the husband of a woman who has become a township charge by
being driven from her home by his cruelty, and recover of him the money expended for her support: How-
ard v. Trustees of Whetstone Tp., 10 O. 365.
A devise to be applied to the education of the youth of a township named, which is afterward divided,
will be applied for the education of youth residing in the territory that formed the township when the will
was made: Board of Education of Fairfield Tp. v. Ladd, 26 O. S. 210.
As to the jurisdiction of township trustees and courts of limited jurisdiction, see notes to 2 582.
Civil townships have always existed in this state for the purposes of local administration: Board of Edu-
cation of Fairfield Tp. v. Ladd, Admr., 26 O. S. 210, 213.
It is settled that neither the township nor its trustees are invested with the general powers of a corpora-
tion, and hence, the trustees can exercise only those powers conferred by statute, or such others as are
necessarily to be implied from those granted, in order to enable them to perform the duties imposed upon
them: Trustees of New London Tp. v. Miner et al., 26 O. S. 452.
Property was devised to the trustees of the township, and their successors perpetually, for the exclusive
benefit of the poor of the township, with authority to the trustees to manage the trust "as they think best
for the benefit of said poor:" Held, to be a good devise: Scott v. Trustees of Marion Tp., 39 O. Š. 153.
Townships are corporations: Lane v. State, 39 O. S. 314.
SEC. 1377. [Civil townships may be erected, or their boundaries
changed, on petition.] The county commissioners may alter or change the
boundaries of any civil township or townships, or partition any township or
townships among other townships within their respective counties, by attach-
ing a part of one township to another, or by dividing one township and attach-
ing the parts to other townships, or by laying off and designating a new town-
ship from the territory of one or more townships of the same county, or from ter-
ritory not before included in a civil township, when it is made to appear necessary
or expedient, by a petition for that purpose, signed by a majority of the house-
holders residing within the bounds of the respective townships to be affected
by such partition or division; but no township shall be laid off having less
than twenty-two square miles, or have its boundaries so changed as to reduce
its territory below that quantity, unless such township includes a city or vil-
lage corporation; and in case of division or partition of any township, the
funds in the treasury of such township shall be apportioned to the township or
townships to which portions thereof may be attached, or to the new township
or townships established, to the extent the same were collected from the terri-
tory attached or established into a new township. [70 v. 138 (186), § 1; 62 v.
172, § 1; 62 v. 18, § 2; 76 v. 18, § 1; S. & S. 910, 911; (S. & C. 1565.).]
Boundary between Union and Paint townships, Fayette county, 91 v. 564.
Boundary of Union and Mill townships, of Tuscarawas county, 90 L. L. 463.
Where a new township is set off, all persons residing within its limits, and who have resided there long
enough to obtain a legal settlement in the original township, have a legal settlement in the new township:
Williamsburg Tp. v. Jackson Tp., 11 O. 37.
A local law creating a new township out of parts of others is void, for division and creation of townships
is a general matter and must be regulated by general laws: State v. Campbell, 8 O. D. 62; 14 C. C. 481, aff'd,
without report, 56 O. S. 794.
SEC. 1378. [Previous notice required; record of boundaries.] Before
any action is taken by the board of commissioners on such application, at least
thirty days' notice of the time for the hearing of such application shall be first
given by advertisement, at three public places within the bounds of the terri-
tory proposed to be partitioned, altered, or changed, or laid off into a new town-
ship; and the commissioners shall cause the boundaries of such township or
townships so changed or altered, or new township laid off, to be recorded in a
book to be kept for that purpose, and shall give to every new township so laid
off such appropriate name as they think proper; but no two townships in any
county shall be incorporated by the same name. [70 v. 186, § 1; (S. & C. 1565).]
SEC. 1379. [Adjustment of disputed boundaries.] When a boundary
line between townships is in dispute, the commissioners of the county in which
such townships are situated shall, upon application of the trustees of one of
said townships, and upon notice in writing to the trustees of said civil town-
ship or townships, and on thirty days' public notice printed in some newspa-
per published within the county, establish such boundary line, and make a
record of the same in a book kept for that purpose. [70 v. 186, § 1.]
SEC. 1380. [Change of boundaries in certain cases, or erection of new
township.] If the limits of a municipal corporation do not comprise the
whole of the established township or townships in which it is situated, or if
by change of the limits of such corporation, or otherwise, they include terri-
'667
Tít. X, Ch. 2.
CIVIL TOWNSHIPS.
§§ 1381-1385.
tory lying in more than one township, and the council of such corporation
shall in either case, by a vote of the majority of the members thereof, petition
the commissioners of the proper county for a change of township lines so as to
make them identical in whole or in part with the limits of the corporation, or
to erect a new township out of the portion of said township or townships
included within the limits of said municipal corporation, such board of county
commissioners may, on presentation of such petition, with the proceedings of
the council duly authenticated, at any regular or adjourned session, change
the boundaries of the township or townships, or erect such new township
accordingly. [89 v. 63; 70 v. 4, § 480; (S. & C. 1548).]
The organization of a city of the second class within the limits of a township, the boundaries of the city
and of the township not being the same, does not withdraw the territory within the city from the township:
State v. Ward, 17 O. S. 543.
Where a township, or a part of a township, is annexed to the corporate limits of a city or village, wherein
the office of the county recorder is kept, but is not a part of the township in which the office is kept, such
recorder's office does not become the place for deposit of chattel mortgages executed by residents of such
annexed territory: Curtiss v. McDougal, 26 O. S. 66.
Where a chattel mortgage must be recorded, when the corporate limits of a city or village become iden-
tical with those of a township: Ib.
Whenever the corporate limits of any city or incorporated village become identical with any township,
the corporate existence of such township is preserved for the sole purpose of electing justices of the peace
and constables: McGill v. State. 34 O. S. 251.
Council includes trustees of a hamlet: Annexation of Newburgh, 8 O. D. 84; 15 C. C. 78.
SEC. 1381. [What to be done with parts of township left.] If, in
making such change, any township not having within its limits a city or
village is reduced in territory to less than twenty-two square miles, such town-
ship may be by the commissioners thereupon annexed to any contiguous
township or townships, or the commissioners may annex thereto territory from
any contiguous township or townships, and erect a new township, as in their
opinion will best promote justice and public convenience; but if the majority
of the householders of such reduced township outside the limits of such
municipal corporation petition therefor, the commissioners may erect such
reduced township into a new township. [89 v. 64; 70 v. 4. § 481; (S. & C.
1548).]
SEC. 1382. [How change made.] When the change of boundaries of
townships is required under section thirteen hundred and eighty, by reason of the
extension of the limits of a corporation, the change shall be made by annex-
ation to the township in which the corporation, or the greater part of it, was
before situate, of such parts of other townships as may be covered by such
extension. [70 v. 4, § 482.]
SEC. 1383. [When corporation in two or more counties, where appli-
cation to be made.] When the corporation is situate in two or more counties,
the application authorized by section thirteen hundred and eighty, may be made
to the commissioners of the county in which the change of boundaries is pro-
posed, or if the change is to be made in two or more counties, then to the
commissioners of the several counties in respect of the territory situate within
them, respectively. [66 v. 149, § 483.]
SEC. 1384. [Change of name of township.] The county commission-
ers may, if they judge necessary, for good cause shown, and on petition of a
majority of the electors of any incorporated township in such county, alter the
name of such township; but thirty days' previous notice of such intended
application must be given by advertisement, at three public places in such
township; and such change shall in no wise affect the right of property, or the
internal concerns of such township. [51 v. 489, § 3; S. & C. 1566.]
SEC. 1385. [Contracts, etc., not affected by change of township lines.]
When a township has been or may hereafter be altered, diminished, or in any
way changed, by the formation of new townships, or additions to other town-
ships, or otherwise, such original township, and all parts or portions of the
same, shall remain liable, to the same extent, on all contracts, engagements, or
liabilities, contracted by such township, prior to such change, as if no such
668
SS 1386-1388.
ELECTION PRECINCTS.
Tit. X, Ch. 3.
alteration, diminution, or change had taken place. [50 v. 260, §1; S. & C.
1576).]
Cited Trustees v. Thoman, 51 O. S. 285, 295.
SEC. 1386. [As to assessment and collection of taxes when township
lines are changed.] The trustees of a township, in case of a division or
change, as provided in the next preceding section, which has retained the
original name of such township, shall, in levying a tax for the payment of any
legal or just claims against such township, contracted prior to any change, as
aforesaid, procure a certified abstract from the auditor of the proper county, or
in case parcels of such township have been attached to townships of differ-
ent counties, then from the auditors of the counties to which any portion of
such township has been attached, of all the taxable property situate in such
attached portion or portions, together with the names of the persons owning
the same; and in making the assessment and levy for the payment of any such
indebtedness, or interest thereon, at the time now, or that may hereafter be pro-
vided by law for making such levy, levy an amount not exceeding the amount
now limited, or that may hereafter be limited by law, for the payment of claims
against townships, on all the taxable property within the limits of such town-
ship as it was bounded before such change, and certify an abstract thereof to
the auditor of the proper county, or in case parcels of such township have been
attached to territory in different counties, then said trustees shall certify an
abstract of the tax levied upon the property in such parcels, respectively, to
the auditors of the respective counties, together with the names of the persons.
so assessed, and the amount assessed to each, and such auditor or auditors
shall thereupon enter the same upon the tax-list and duplicate, designating
the persons so taxed, and for what purpose such levy has been made, and the
taxes shall be collected thereon, as in other cases. [50 v. 260, § 2; (S. & C.
1576).]
SEC. 1387. [Duty of county treasurers in such cases.] The treasurer
of the county or counties collecting any tax, as aforesaid assessed, shall, on
demand, pay over to the treasurer of such township, on the order of the trustees
thereof, after each semi-annual settlement, all moneys that have been collected
for such township, and shall be entitled to the same fees, and subject to the
same liabilities, for duties performed under this chapter as in other cases.
[50 v. 260, § 3; S. & C. 1576.j
CHAPTER 3.
ELECTION PRECINCTS.
SECTION
1388. Each civil township an election precinct.
1389. [Repealed.]
1390.
1391.
Repealed.]
Repealed.1
1892. Notice of holding elections in precincts.
1393. [Repealed.]
1394. Returns of township elections.
1395. [Repealed.]
SECTION
1396. Returns of other elections.
1397. Separate ballot-boxes, etc., in precinct con
posed of parts of two or more townships.
1398. [Repealed.]
[Repealed.1
1399.
1400. [Repealed.]
1401.
Repealed.]
1402. [Repealed.]
SEC. 1388. [Each civil township an election precinct.] Each civil
township shall be a single election precinct, unless divided into two or more
precincts, or parts of precincts, or occupied, in whole or in part, by a munic
ipal corporation, having its own election precincts.
669
Tit. X, Ch. 3.
ELECTION PRECINCTS.
S$ 1389-1402.
SEC. 1389. [Division of townships into election precincts. 73 v. 187,
§ 1; (S. & S. 913; S. & C. 1573). Repealed 88 v. 468.]
Under the act of March 4, 1853 (2 S. & C. 1753), the county commissioners have power to so subdivide a
township into election precincts that the boundaries of the precinct shall correspond with those of the wards
of a city within the limits of a township: State v. Ward, 17 O. S. 543.
SEC. 1390. [Action of commissioners thereon.
914; (S. & C. 1573.) Repealed 88 v. 468.]
SEC. 1391. [Expenses thereof, and how paid.
1573. Repealed 88 v. 468.]
65 v. 73, § 2; S. & S.
51 v. 497, § 3; S. & C.
SEC. 1392. [Notice of holding elections.] In all townships which
have been divided, the trustees shall give fifteen days' notice of the time and
place of holding elections in the precincts of such townships, by posting up
written or printed notices in such number of places as to them seem proper,
for the general information of the electors of the several precincts. [54 v. 49
(51 v. 497), § 4; S. & C. 1573.]
SEC. 1393. [When judges and clerks of election chosen. 86 v. 93;
78 v. 123; Rev. Stat. 1880; 54 v. 49 (51 v. 497), § 5; (S. &. C. 1573). Repealed
88 v. 468.]
One set of judges and clerks for muncipal and school elections in villages of less than
500, in more than one county, and how appointed, see ? (2926e—1).
SEC. 1394. [Returns of township elections.] In all elections for town-
ship officers, the returns of the precinct or precincts in which the township
clerk does not reside, shall be made to the township clerk within three days
after the day on which such election is held. [54 v. 49, § 6; S. & C. 1574.]
SEC. 1395. [Duty and compensation of judges. 54 v. 49 (51 v. 497),
§ 8; S. & C. 1574. Repealed 88 v. 468.]
SEC. 1396. [Other election returns.] The returns of all elections, other
than those for officers in said townships, shall be made to the proper person or
officer, as is required by law in similar cases. [54 v. 49 (51 v. 497), § 9; S. & C.
1574.]
SEC. 1397. [Separate ballot-boxes, etc., in precincts composed of parts
of two or more townships.] In precincts composed of parts of two or more
townships, in all elections for township officers, or for township purposes,
separate ballot-boxes shall be provided for the different townships represented;
and the judge to whom any ticket is delivered shall, upon the receipt thereof,
announce, in an audible voice, the name of the elector and of the township in
which the elector resides, and shall deposit such ticket in the ballot-box of such
township; and at elections for township officers, or for township purposes, the
officers of such election shall keep separate tally-sheets for the different town-
ships represented, and shall make correct returns in accordance therewith, in
such manner and at such time as is provided by law for like elections, to the
clerks of the proper townships. [73 v. 187, §1.]
SEC. 1398. [A township divided into precincts may be again con-
solidated. 55 v. 51, § 1; S. & C. 1575. Repealed 88 v. 468.]
SEC. 1399. [When petition shall be presented, and action of commis-
sioners thereon. 55 v. 51, §§ 1, 2; S. & C. 1575. Repealed 88 v. 468.]
SEC. 1400. [Duty of trustees under order of commissioners. 55 v. 51,
$3; S. & C. 1575. Repealed 88 v. 468.]
SEC. 1401. [Return of vote, and action of commissioners thereon.]
55 v. 51, § 3; S. & C. 1575. Repealed 88 v. 468.]
SEC. 1402. [Changes of election precincts: how made. 56 v. 237,
§1; S. & C. 549. Repealed 88 v. 468.]
670
§ 1403.
OFFICERS OF ORIGINAL TOWNSHIPS.
Tit. XI, Ch. 1.
TITLE XI. Township Officers.
CHAPTER 1. OFFICERS OF ORIGINAL TOWNSHIPS.
CHAPTER 2. OFFICERS OF CIVIL TOWNSHIPS.
CHAPTER 1.
OFFICERS OF ORIGINAL TOWNSHIPS.
SECTION
1403. Treasurer shall give bond.
LEASING.
1404. Duties of trustees as to laying out and leasing
lands.
1405. To whom to be leased, and terms of lease.
1406. Length of term for lease of improved and unim-
proved lands; improvements: how provided for.
1407. Section twenty-nine in Ohio company's pur-
chase and Symmes' purchase: how leased.
1407-1. Surrender of leases for part of section
twenty-nine in Gallia county, etc.; pur-
chase of such parts and deeds for same.
1407-2. Disposition of proceeds.
SECTION
1422. Court shall appoint appraisers.
1423. Proceedings on return of appraisement.
1424. School lands: proceedings for sale of.
1425. In case no sale is made, how lands may be offered
again; when and how reappraisement may be
made.
1426.
Reappraisement.
1427.
Surrender of permanent leases.
1428.
Release of such lease.
1429.
Payments to county treasurer, etc.
1429a. Payments to county treasurer by lessee of land in
original surveyed township 11, range 14, Ohio
company's purchase.
14296. Section 1429 inoperative as to certain lands.
1408. Reappraisement of ministerial and school
lands.
1430.
How payments made.
1431.
County auditor shall report sales to auditor_of
1408a. Reappraisement of school lands excessively re-
appraised during 1887.
state.
1432.
Enforcing payment by sale, etc.
1409.
Collection of rents of school and ministerial lands.
1432a. Petition and suit of auditor.
1433.
Final certificate on payment for lands sold as
delinquent.
1434.
1410. Duties of treasurer: his fees.
1411. Annual division of rents of school lands.
1412. How enumeration procured.
1413.
Dividend of ministerial funds.
1414. Who entitled, and how funds apportioned.
1415. When officers of civil township may act.
1416. Certain informal leases of school lands made valid.
1417. Duties of county auditor when trustees or les-
sees delinquent.
SELLING.
1418. School lands may be sold.
1419.
1420.
Voters shall determine as to sale.
How election held and duties of trustees.
1421. If sale determined on, trustees to file petition
in court.
Final certificates in other cases.
1435. Deed from state for delinquent lands.
1436. Excess on sale of delinquent lands.
1437.
Fees.
1438. Sale of section twenty-nine.
1438-1. Trustees may sue for injuries to school
lands.
1438a. "Ministerial fund."
14386. Account of by auditor of state.
1438c. Statement to be transmitted to county auditor.
1439. Sale of reserved sections in Ohio company's
1440.
purchase.
Errors in calculation of purchase money to be
corrected, and how.
SEC. 1403. [Township treasurer shall give bond.] The treasurer shall,
before entering upon the duties of his office, give bond with good security, to
the acceptance of the trustees, in not less than five hundred dollars, payable to
the state, conditioned that he will faithfully discharge the duties of his office,
the same, which
and pay over all moneys that come into his hands by virtue of the
bond shall remain with the trustees. [41 v. 62, § 2; S. & C. 1582.]
Where, under the act of congress of May 20, 1826, to appropriate lands for the support of schools in cer-
tain townships, proceedings are ordered by the secretary of the treasury of the United States, a tract is desig-
nated, withdrawn from entry, and finally selected by the secretary, a title passes, upon which the trustees
and treasurer of the original township may maintain ejectment, notwithstanding the register of the land
office, without authority from the secretary, may have permitted a subsequent entry: Trustees and Treasurer
Tp. No. 1 v. Campbell, 17 O. 267.
The title to the lands selected by the secretary of the treasury, under the act of congress of May 20, 1826,
for the support of schools within the tract of country usually called French grant, is vested in the state of
Ohio in trust for that purpose: Trustees of Greene Tp. v. Campbell, 16 O. S. 11.
As to the right to bring an action for trespass: Ib.
Where the treasurer of a township, who was also treasurer of the county, of the city of Springfield, and
of its board of education, mingled together the moneys belonging to these various corporations and embez-
zled the same: Held, that notwithstanding the fact that he had had a settlement with the county commis-
sioners, the money mingled together belonged to the several corporations pro rata: Commissioners v.
Springfield, 36 O. S. 643.
671
Tit. XI, Ch. 1. OFFICERS OF ORIGINAL TOWNSHIPS. §§ 1404-1407.
LEASING.
SEC. 1404. [Duties of trustees as to laying out and leasing lands.]
When either the ministerial or school section belonging to an original township
or fractional township requires division, the trustees shall employ a surveyor to
assist them, and lay out such section or sections into lots of not less than
eighty acres, nor more than one quarter of a section; and the trustees shall
lease out said section, (except such as is provided for by any special act), after
giving at least thirty days' notice, by advertisement, set up in four of the most
public places in the township, mentioning the time and place where proposals
will be received, and when they will meet to execute the lease; always giving
a preference to those who, in their opinion, make the most advantageous pro-
posals; and the trustees may require the lessees of such lands, at the date of
the leasing thereof, to execute their notes for the payment of the rents, with
security to the approval of the trustees. [1885, May 4: 82 v. 256, 257; Rev.
Stat. 1880; 29 v. 490, §5; (S. & C. 1578).]
As to suit on the notes taken for payment of rents, see 1409.
The trustees can sustain an action for use and occupation against persons who have held and used the
township sections under a void lease, and the writing may be given in evidence to show the value of the
rents: Wilson v. Trustees of No. 16, 8 O. 174.
Surety for making improvements under a lease of school lands is not bound if the trustees, by their own
act dispossessing the tenant, prevent them from being made: Trustees of Section 16 v. Miller, 3 O. 261.
When the trustees of a civil township sue on the covenants of a lease of school lands, made by them or
their predecessors, they must, in their pleading, show the circumstances that gave them power to make the
lease, as, ordinarily, they have no such power. The powers and duties of trustees of civil townships, and
trustees of original surveyed townships, discussed and distinguished: Trustees of Concord Tp. v. Miller,
5 O. 184.
SEC. 1405. [To whom to be leased, and terms of lease.] The trustees
shall not lease more than one lot to any one person; and the lessee shall be
bound not to waste or destroy the sugar trees, or other timber, further than is
necessary for improving thereon, and to make such improvements as the
trustees think proper; and the trustees shall examine the premises, and see
that they are left in good repair, and that the lease has been punctually com-
plied with; and shall proceed again to give leases, on the plan pointed out by
the preceding section; always giving preference to the original lessee, if he has
complied with his former lease. [29 v. 490, § 6; S. & C. 1578.]
SEC. 1406. [Length of term for lease of improved and unimproved
lands; improvements: how provided for.] Any unimproved lots may be
leased for any term, not exceeding seven years, for making such improvements
on the same as the trustees think advisable; and such unimproved lots may
be leased for any term not exceeding fourteen years, but a cash rent shall be
reserved in such lease at least after the first seven years; and improved lots
may be leased for any term not exceeding ten years; and all rents shall be
payable on the first Monday of December, annually. But the trustees may
provide for improvements on the school lands, in the lease or leases by which
the same are rented, or they may make such improvements directly; provided,
that in all cases where such improvements are made directly by the trustees,
when in their judgment the same are necessary, and the estimated or probable
cost thereof exceeds one hundred dollars, the trustees shall advertise for bids
for the period of at least twenty days, by posting up notices in four of the
most public places in the township, and the contract for making such improve-
ment shall be awarded to, and made with the person or persons who offer to
make such improvement at the lowest price; provided, that a good and sufficient
bond shall be executed and delivered to said trustees, as such trustees, condi-
tioned for the honest and faithful performance of such improvement. [1885,
May 4: 82 v. 256, 257; Rev. Stat. 1880; 29 v. 490, §7; 41 v. 62, §4; (S. & C. 1579;
S. & C. 1583).]
SEC. 1407. [Section_twenty-nine in Ohio company's and Symmes'
purchase: how leased.] The trustees shall lease section or fractional section
672
§ (1407—1).
OFFICERS OF ORIGINAL TOWNSHIPS. Tit. XI, Ch. 1.
twenty-nine, granted for religious purposes, within the Ohio Company's and
John Cleves Symmes' purchase (except such as have been heretofore leased, or
provided for by special acts), in lots of not less than eighty acres, nor more
than one quarter section, for the term of ninety-nine years, renewable forever,
to be valued by three disinterested freeholders of the county, previous to its
being leased; which valuation shall in no case be less than one dollar per acre;
and all ministerial lands leased as aforesaid, shall be subject to a revaluation
every fifteen years, without taking into view the improvements thereon (except
at the first valuation); and six per centum on the valuation or revaluation of
all ministerial lands shall be the rent required. [29 v. 490, § 11; S. & C. 1579.]
(1407-1) [Surrender of leases for parts of section 29, in Gallia
county, etc.; purchase of such parts and deeds for same.] The present
lessees, sublessees, or owners by purchase, descent or otherwise, of interests in
or rights under the permanent leases of section 29, in township 5, in range 14
of the Ohio company's purchase in Gallia county, may surrender the same for
the part of said section so owned by them respectively, to the auditor of Gallia
county and purchase in fee simple such part of said section, at its present
appraised value; that upon payment to said auditor of the present appraised
value of the part of said section so purchased, he shall certify such payment
with a description of said land and the name of the purchaser to the auditor
of state, whereupon the governor of the state shall make a deed to such pur-
chaser for the part of said section 29, so purchased by him, which deed shall
vest the fee simple title to said land in the grantee therein named. [92 v. 336.]
(1407-2) [Disposition of proceeds.] The proceeds of the sales of
said parts of said section 29, under this act, shall belong to the permanent
ministerial fund of said township 5, as now provided by law as to the pro-
ceeds of the sales of the parts of said section previously sold. [92 v. 336.]
SEC. 1408. [Reappraisement of ministerial and school lands.] When,
and as often as it becomes necessary by the terms of any lease, or the law
authorizing the leasing of either section sixteen or twenty-nine, or any part or lot
of either, the trustees shall apply to the court of common pleas, by petition,
setting forth therein the facts, showing the necessity of said reappraisement;
and said trustees shall give each of the lessees or assignees, at least twenty days'
notice, in writing, of the pendency of such petition, and the court on being
satisfied of the truth of said petition, and that the note aforesaid has been
given, shall make an order appointing three disinterested citizens of the county,
who shall appraise, on oath, within twenty days, such tract, or lot, or part of a
lot of land, on actual view thereof, without reference to the improvements
thereon, under such lease, and within five days thereafter make out a report of
such appraisement, and deliver the same, together with said order of court, to
the clerk of the township in which said land is situated: the court shall make
such further order, as to the payment and taxation of costs, as seems just and
equitable. [54 v. 88, § 16; S. & C. 1581.]
Where two leases of school lands vest by assignment in one person, the two tracts can not be appraised as
one entire tract or farm. The trustees are entitled to the benefit of any enhanced value arising from the
'original severance, and the assignee to the benefit of any enhanced value arising from the two lots having
been united into one entire farm or tract: Trustees of School Section 16, etc. v. Peter Odlin, 8 O. S. 293.
SEC. 1408a. [Reappraisement of school lands excessively reappraised
during 1887.] The court of common pleas of any county in which section
sixteen of any original surveyed township was reappraised during the year 1887
shall, upon petition of three-fourths of the lessees of said section, setting forth
that said reappraisement was excessive, order a reappraisement thereof, pro-
vided said lessees file with said petition, the written consent to such reappraise-
ment of at least two-thirds in number of the qualified electors of said town-
ship. Such order of reappraisement shall be made in accordance with the
provisions of section 1408, Revised Statutes of Ohio, so far as the same may
be applicable. [92 v. 420.]
673
Tit. XI, Ch. 1. OFFICERS OF ORIGINAL TOWNSHIPS.
§§ 1409-1413.
SEC. 1409. [Collection of rents of school and ministerial lands.] All
rents arising from any school or ministerial lands, shall be paid by the lessee
or lessees, to the treasurer, as they become due; and on failure of the payment,
or for non-compliance with the conditions of the lease, the treasurer shall, when
so directed by the trustees, bring a suit in the name of the trustees, before any
court having competent jurisdiction, and to the judgment rendered in such
action no stay of execution shall be allowed; and on final process, if the goods
and chattels cannot be found whereby collection can be made, or if mesne proc-
ess cannot be served, upon the return of the same, the trustees are therefore
[thereupon] authorized to re-enter upon the lands of the delinquent or delin-
quents, and to sell at public vendue his or their right and title in said lease or
leases, to satisfy such rent, damages and costs; in which case the trustees shall
give twenty days' previous notice of the time and place when said lease or
leases will be sold, by advertising the same in three public places, or by adver-
tisement inserted in some newspaper published within the county, subjecting
the purchaser or purchasers to the conditions contained in the lease or leases of
the delinquent or delinquents; and in case the said lease or leases sell for more
than the rent, damages and costs, the surplus shall be paid over to the delin-
quent or delinquents; but where secured notes are taken for payment of such
rents, the trustees may order the treasurer to bring suit in their name on such
note or notes, on failure of the payment of such rent or rents, when due, accord-
ing to the terms thereof, and to the judgment or judgments rendered in such
action or actions no stay of execution shall be allowed. [1888, April 14: 85 v.
256; 82 v. 256, 258; Rev. Stat. 1880; 29 v. 490, § 12; (S. & C. 1580).]
2
Leases made by township trustees, and recorded by the clerk of the township, are within the terms
providing for a title recorded in some public office found in the occupying-claimant law, and a party hold-
ing under color of such title was held entitled to pay for improvements when ejected: Lessee of Hart's
Heirs v. Johnson, 6 O. 538.
SEC. 1410. [Duties of treasurer: his fees.] The treasurer shall keep
a book with full and accurate entries of all moneys received, and of all dis-
bursements, and carefully file and preserve the vouchers relating thereto, which
book and papers shall at all times be subject to the inspection of the trustees;
and no moneys shall be paid out by the treasurer except upon the written
order of the trustees; and the treasurer shall be allowed and may retain, for
receiving, safe-keeping, and paying out moneys belonging to the township
treasury, one per centum thereof as his fees. [1885, May 4: 82 v. 256, 258;
Rev. Stat. 1880; 29 v. 490, § 8; (S. & C. 1579).]
SEC. 1411. [Annual division of rents of school lands.] The trustees,
when there is money in the hands of the treasurer arising from the rents of
school lands, after the payment of all just claims and necessary expenses, shall,
at least once a year, meet at the office or residence of the treasurer, and make a
dividend thereof among the several school districts, or parts of districts, within
the original township in proportion to the number of youth of school age in
the several districts or parts of districts; and upon their order making such
dividend, the treasurer shall pay out said money. [1885, May 4: 82 v. 256,
258; Rev. Stat. 1880; 29 v. 490, § 9; (S. & C. 1579).]
SEC. 1412. [The clerk of the board of education shall furnish a copy
of the enumeration of youth in the subdistricts within the township.] The
clerk of the board of education of any district which, in whole or in part, is
composed of territory within the bounds of any original township incorporated
as in this title provided, shall, on demand of the clerk of such township, fur-
nish to him a certified copy of the enumeration of youth within the school age,
residing within the bounds of such original township in the several subdistricts
of such school districts; and said dividend shall be made on the basis of such
enumeration. [33 v. 49, § 1; S. & C. 1581.]
SEC. 1413. [Annual meeting of trustees and dividend of ministerial
funds.] The trustees, when there is money in the hands of the treasurer.
44
674
SS 1414-1417. OFFICERS OF ORIGINAL TOWNSHIPS.
Tit. XI, Ch. 1.
arising from the rents or profits of ministerial lands, shall meet at his office or
residence on the fourth Monday of April, annually, and make a dividend
thereof to each religious society, agreeably to the provisions of the succeeding
section; and said money shall thereupon be paid out by the treasurer accord-
ing to the order of the trustees in making such dividend. [59 v. 30, §1;
S. & S. 915; (S. & C. 1581).]
SEC. 1414. [Who are entitled to participate in the ministerial fund,
and in what proportion.] Each denomination of religious societies, having
members residing in such township, shall be entitled to participate in such
ministerial fund, and each of them after assuming a name, shall appoint an
agent to receive its proper proportion, who shall produce to the trustees a sworn
certificate, containing a list of the names of the members enrolled in the records
of such society residing in such township, but no person shall be considered a
member who is under fifteen years of age; and the trustees at their said annual
meeting shall distribute said funds to the several societies, applying by their
agents and producing such certificates, in proportion to the numbers of their
members residing in such township, without regard to the township in which
any such society regularly assembles for public worship. [61 v. 74, § 13; 41 v.
62, § 1; S. & S. 916; S. & C. 1582; (S. & C. 1580).]
Where the claims of a religious society for a dividend of the rents of section 29 have been erroneously
rejected, and the rents divided among others, for the proper year, such claim can not, by mandamus, be
charged upon the proceeds of a subsequent year, each year having its own beneficiaries: State v. Trustees Tp. 4,
2 O. 108; Universal Church v. Trustees of Section 29, 6 O. 445.
The beneficiaries of the fund arising from the rent of section 29 (Ohio company's purchase), being "every
denomination of religious societies," persons associated to maintain a library, and having no system of relig-
ious faith or public worship, or religious services, are not entitled to participate: State v. Trustees Tp. 9,
7 O. S. 58.
Before any denomination can be entitled to any part of the ministerial fund, they must form themselves
into a society, in the township in which the section is located, and have given themselves a name; and the
agent appointed to receive the fund must be appointed by the society as a collective body, and not by the
individual members of the society: State v. Trustees of Section 29, 11 (). 24.
SEC. 1415. [The officers of civil township shall perform duties of
officers of original township.] When either such school or ministerial sec-
tion is in an original township where there are not four electors, the trustees
and treasurer of the civil township in which such section is situate, shall per-
form the duties in this chapter prescribed for the officers of the original town-
ship. [29 v. 490, § 14; S. & C. 1580.]
SEC. 1416. [Certain informal leases of school lands made valid.]
That all leases of school-lands, made by the trustees of the original surveyed
townships, or by the county commissioners of any county, before the first day
of June, in the year one thousand eight hundred and thirty-one, although not
acknowledged before any officer authorized to take the acknowledgment of
deeds or other instruments in writing for the conveyance, lease or incumbrance
of lands, shall, nevertheless, between the lessors and lessees, their grantees, heirs
and assigns, be held valid to the same extent and for the same purposes that
they would have been, had they been so acknowledged. [1883, April 19: 80 v.
218; Rev. Stat. 1880; 35 v. 63, §1; (S. & C. 1582).]
Before the provisions of this section were enacted into law, it was held that a lease for school lands was
not valid unless acknowledged by the grantors before a judge or justice: Atkinson v. Dailey, 2 O. 212.
SEC. 1417. [Duties of county auditor when lessees or trustees delin-
quent.] The county auditor, when it comes to his knowledge that any lessee
of school or ministerial lands has failed to pay the rent he is bound to pay, by
the provisions of the lease thereon, or that the trustees have failed to cause said
lands to be reappraised according to the provisions of said lease, shall imme-
diately notify the lessee, in writing, of his delinquency; and, upon receiving
said notice, the lessee shall make full compliance with the provisions of his
lease or the law, wherein he is delinquent, in default of which the auditor shall,
in thirty days after notifying said lessee, as aforesaid, immediately notify the
trustees of any such township of such delinquency, who shall proceed imme-
diately to collect said rent, or cause said reappraisement according to law.
[69 v. 76, §3.]
675
Tit. XI, Ch. 1.
OFFICERS OF ORIGINAL TOWNSHIPS.
SS 1418-1422.
To effect a forfeiture of a lease for non-payment of rent, the exact amount due must be demanded before
sunset of the day on which it fails due, on the premises, at the most notorious place: Boyd v. Taibert, 12 O. 212.
An entry to forfeit leasehold estate for non-payment of rent must proceed for the entire tract of ground
leased, without reference to sub-leases. The lease of school lands, under the law directing leases to be granted
for ninety-nine years, renewable forever, reciting the law under which it was made, is to be construed a lease
according to the statute, though in terms it imports a conveyance in fee: Hart v. Johnson, 6 0.87.
The act of April 16, 1872 (69 v. 76), applies to the school lands of the French grant, as well as to the school
lands of the original surveyed townships: Seeley v. Thomas, 31 O. S. 301.
SELLING.
SEC. 1418. [School lands may be sold.] Section sixteen, and all lands in
lieu thereof, granted for school purposes, may be sold, and such sales shall be
according to the regulations hereinafter prescribed. [70 v. 195, § 133.]
For the taxation of school lands immediately after sale, see State of Ohio ex rel. v. Purcel, Auditor, 31
O. S. 352.
SEC. 1419. [Proceedings when vote has not been taken; trustees
may authorize subsequent vote.] In cases where there has been no vote taken
for the sale of any such land the trustees of any township to which such lands
belong, shall at least thirty days prior to the taking of such vote, cause not less
than eight notices to be posted up in as many of the most public places of
such township, notifying the voters resident therein to meet at some conven-
ient place and time therein specified, and then and there cast their ballots for
or against the sale of any such lands belonging to such township; and if such
vote result in a refusal to sell said lands, the trustees may, in the same manner,
authorize the taking of a subsequent vote as often as they deem proper; but no
such subsequent vote shall be taken until one year has elapsed since the last
preceding vote. [70 v. 195, § 134; (S. & S. 698).]
SEC. 1420. [Trustees of township shall preside at meeting; poll-book
shall be deposited with auditor.] The trustees of the township shall preside
at the taking of such ballots, and shall appoint two clerks, who shall keep two
poll-books, containing the names of the voters and the result of the ballot,
which poll-books must be signed by the trustees and clerks; and in case such
ballots result in favor of a sale, the trustees shall, within ten days after such
election, deposit one of said poll-books with the auditor of the county within
which said lands (or the greater portion thereof) are situated, with a copy of
the notice given, and the affidavit of one or more of the trustees, stating the
manner of giving said notices, and the time and place of putting up the same,
which notices, affidavit, and poll-book shall be by said auditor copied into a
book for that purpose to be provided, and when so recorded, such record shall
be proof of the facts therein stated. [70 v. 195, § 135.]
SEC. 1421. [Trustees shall petition court of common pleas.] When
such record has been made, the trustees of such township to which said lands
belong, shall file a petition in the court of common pleas of the county within
which said lands (or the greater portion of them) are situate, setting forth the
giving of said notice, the taking of said ballot, the result of the same, the filing
and recording of the aforesaid papers in the office of the auditor of the proper
county, and asking the court to appoint three disinterested freeholders, not
resident of the township in which the land is situated, to divide and value
the same in money. [70 v. 195, § 136.]
SEC. 1422. [Appointment of appraisers.] If such court is satisfied that
the statements made in the petition are true, it shall appoint three persons to
divide and appraise the same according to the prayer of such petition; and
said appraisers, after being first duly sworn before some officer authorized to
administer oaths, and taking to their aid, if they think necessary, the county
surveyor, shall proceed to divide said lands into such parcels or tracts as, in
their opinion, will be best for the sale thereof, and return in writing such divis-
676
§§ 1423-1426.
OFFICERS OF ORIGINAL TOWNSHIPS.
Tit. XI, Ch. 1.
ions, suitably numbered and described, to the court, with a just valuation of
each separate division in money. [70 v. 195, § 137.]
SEC. 1423. [Returns, etc., shall be recorded.] The court on such return
being made, and having been by it examined and found in all things regular,
just, and fair, shall certify the same, and order it to be entered of record,
together with the petition and all the proceedings therein had; a copy of which,
the trustees shall cause to be filed in the office of the auditor of the proper
county, who shall copy the same into a book containing the notice, affidavit,
and poll-book, aforesaid, and immediately following the same. [70 v. 195, § 138.]
SEC. 1424. [School lands: proceedings for sale of.] The auditor of the
county, on the recording of said proceedings, shall forthwith cause a notice to
be published in some newspaper of general circulation in said county, for five
consecutive weeks before the day of sale; and, at the same time, by posting up
copies of such notice in six of the most public places in said county, two of
which shall be in the township where the lands are situate, and one at the
court house, containing a description of the lots or lands to be sold, the valua-
tion thereof, and the time when said lands will be offered at public auction by
said auditor, at the door of the court house, at not less than the appraised value
thereof; one-third of the purchase money to be paid at the time of sale, and
the balance in two annual installments of equal amount, with interest paya-
ble annually thereon; and said auditor shall at such time and place proceed to
offer the same to the highest bidder on the terms stated in the notice; provided,
if the principal value of such school land consists in the timber growing
thereon, on the request of the trustees, or a majority of them, the auditor who
sold such school lands shall require the whole of said purchase money to be
paid at the time of sale. [1884, April 10: 81 v. 132; Rev. Stat. 1880; 70 v. 195,
$ 139.]
SEC. 1425. [In case no sale is made, how lands may be offered again;
when and how reappraisement may be made.] In case said lands, or any
part thereof, are not sold as aforesaid, the auditor may continue to offer the
same, on the application in writing, of the trustees of the township to which they
belong, at any future time or times, until they are sold; having first given the
like notices herein provided to be given on the first offer of sale thereof, but no
sale shall be had on any valuation made more than two years prior to the day
of sale; provided, that when from any cause the value of said lands, or any
part thereof, as fixed by the appraisers, has decreased, said trustees may at any
time after the land has been once offered and remains unsold, file a petition in
the court wherein the former petition was filed, setting out in substance the
filing of said petition and the subsequent proceedings thereto; that the land
has been offered and remains unsold, and the facts and circumstances which
have decreased the value of said lands and asking for a re-appraisement of the
same. If the court is satisfied that the statements made in the petition are
true, and that said lands by reason thereof have decreased in value, it may
order another appraisement, and thereupon the court shall appoint three dis-
interested freeholders, having the qualifications described in section fourteen
hundred and twenty-one, and the same proceedings shall be had as under the
original petition; and after such appraisement is made the auditor shall again
offer said lands for sale, as provided in the preceding section. [1888, March 30:
85 v. 141; Rev. Stat. 1880; 70 v. 195, § 140.]
SEC. 1426. [Reappraisement in such case.] The court is required, on
the petition of the trustees aforesaid, setting forth the former appraisement
and the subsequent proceedings thereto, and that two years have elapsed, and
the land remains unsold, to direct a new valuation of the same to be made in
the manner herein before directed, unless said court, on testimony, shall be
satisfied that the former appraisement is a just and fair valuation of said lands:
677
Tit. XI, Ch. 1.
OFFICERS OF ORIGINAL TOWNSHIPS.
SS 1427-1429.
in that case, the court shall make an enty of the fact, which entry shall be
certified to and recorded by the auditor in manner aforesaid, and shall have
the same effect as the new appraisement. [70 v. 195, § 141.]
SEC. 1427. [In case of permanent leases, etc.] In case said lands are
held under permanent leases, or leases for ninety-nine years, the legal or
equitable holder of any such lease, wishing to surrender the same, and to pur-
chase the fee of the premises so held by lease, may, with the consent of the
trustees of the original township to which such lands belong, file his petition
in the court of common pleas of the county in which the largest portion of
such lands are situate, setting forth a description of the premises so held, the
date of his lease or his title thereto, that he is desirous of surrendering such
lease and becoming the owner of the premises in fee, and asking the court to
appoint three disinterested freeholders of the county, and not resident of the
township wherein such lands are situate, to value the same; and the court on
being satisfied of the truth of the facts set forth in such petition, shall appoint
such appraisers, who shall proceed under oath, to make a just valuation of the
premises in money, without reference to the improvements made thereon,
under and by reason of said lease, and shall return such valuation in writing
to said court; and the court, if it is satisfied that said valuation is just, shall
confirm the same, and order it, with the petition and other proceedings therein,
to be recorded; but before the trustees of any township consent to the surren-
der of a lease, as provided in this chapter, they shall cause the proposition to
be submitted to the electors of said township, at an election to be held and
conducted in conformity with the provisions of sections fourteen hundred and
nineteen and fourteen hundred and twenty; and if at such election, a majority of
the electors vote for such surrender, then, and not otherwise, said trustees shall
consent to the surrender in the manner and form as herein provided.. [70 v.
195, § 142.]
SEC. 1428. [How release of lease to be made by lessee.] Any such
lessee, on producing to the auditor of the proper county, within one year after
the making of the same, a certified copy of such petition, and appraisement,
and confirmation, shall be permitted by indorsement thereon, attested by the
auditor, to release to the state, all his interest, title, and claim, in and to such
lease, for the benefit of the township, to which the same belongs, which certi-
fied copy of said record and said release, shall be recorded in a book for that
purpose to be provided. [70 v. 195; §143.]
Surrender authorized by Lawrence Furnace Co. of its lease of Lot 3, Sec. 16, Lawrence
county, being 88 acres and 32 poles, part of Sec. 16, Tp. 2, Range 18, the township trustees
thereupon to have an appraisement and to sell, 92 v. 421.
SEC. 1429. [Payments to county treasurers, etc.] The purchaser of
any such lands at an auditor's sale, or the lessee of any such land held under
such lease, on executing his release as aforesaid, shall each forthwith pay to the
treasurer of the county, one-third of the purchase money in the first case, and
one-third of the valuation in the second, and take the treasurer's receipt there-
for; and the auditor on receiving the treasurer's receipt for said first install-
ment, shall give to said purchaser or lessee a certificate, containing the name of
the purchaser or lessee, a description of the premises, the number, amount, and
the time of payment of the subsequent installments, and that said purchaser
or lessee, his heirs or assigns, on the punctual payment of the sums still due,
with annual interest up to the time of payment, shall be entitled to receive a
final certificate from such auditor: provided, that such lessee shall produce to
the auditor the certificate of the proper officer, that all rents due on_such
premises have been paid up to the time of surrendering said lease. [70 v.
195, § 144.]
678
SS 1429a-1432.
OFFICERS OF ORIGINAL TOWNSHIPS.
Tit. XI, Chi. 1.
SEC. 1429a. [Payments to county treasurer by lessee of land in orig-
inal surveyed township 11, range 14, Ohio company's purchase.] The lessee
of any land, held under such lease, and situate in original surveyed township
number eleven, of range number fourteen, of the Ohio company's purchase, or
his assignee, on executing his release as aforesaid, shall forthwith pay to the
treasurer of the county in which said land is situated, one-twelfth of the valu-
ation thereof, and take the treasurer's receipt therefor; and the balance of said
valuation shall be paid in annual installments of one twelfth of the whole val-
uation per year, with annual interest on all unpaid portions thereof up to the
time of payment; and the auditor, on receiving the treasurer's receipt for said
final installment, shall give to said lessee, or his assignees, a certificate contain-
ing the name of the lessee, or his assignee, a description of the premises, the
number, amount and the time of payment of the subsequent installments, and
that said lessee, his heirs or assigns, on the punctual payment of the sums still
due, with annual interest up to the time of payment, shall be entitled to
receive a final certificate from such auditor; provided that such lessee shall pro-
duce to the auditor the certificate of the proper officer that all rents due on such
premises under such lease, have been paid up to the time of surrendering the
same. [1886, April 2: 83 v. 64.]
SEC. 1429b. [Section 1429 inoperative as to certain lands.] That
said original section number one thousand four hundred and twenty-nine shall be
inoperative as to such lands held under lease in said township number eleven,
range number fourteen, of the Ohio company's purchase. [1886, April 2:
83 v. 64.]
SEC. 1430. [How payments made.] A person wishing to pay any
money under the provisions of this chapter, in part or full payment of any
such lands, shall first obtain the certificate of the auditor of the amount due
or to be paid; and on the presentation of the same, the treasurer is authorized
to receive the amount therein specified, and shall give to the person paying the
same a certificate, directed to the auditor, of the payment of said sum of
money, and the auditor on the presentation of said certificate, shall give to
such person a receipt therefor, credit him with the amount in his books, and
charge the treasurer therewith. [70 v. 195, § 145.]
SEC. 1431. [County auditor shall report sales to auditor of state.]
The county auditor shall keep an account with the county treasurer of all sales
made and leases surrendered, and moneys paid thereon by each purchaser or
lessee, and shall make a report of the same to the auditor of state on the first
day of February, May, August, and November, in each year, which report shall
distinguish between the amount paid in as principal and the amount paid in
as interest, and from the time of such report the state shall be liable to pay
interest on all such sums of principal so reported as paid, and the treasurer of
state, on receiving a certified copy of the account from the auditor of state, shall
be authorized immediately to draw said money paid in as principal, from the
county treasurer; and the amount so reported as interest shall be retained in
the county treasury, and apportioned to the several civil townships and parts
of civil townships in the original surveyed township, or fractional township to
which said lands belong. [70 v. 195, § 146.]
SEC. 1432. [Enforcing payment by sale, etc.] If the purchaser or les-
see of any tract of section sixteen, or lands granted in lieu thereof for the sup-
port of common schools, fail to make any payment on any tract of such land
for the space of twelve months after the time the same becomes due and pay-
able, the auditor of the county wherein the land is situate shall forthwith pro-
ceed to sell such tract, with all the improvements thereon, at the door of the
court-house, to the highest and best bidder therefor, in cash, having first given
notice of the time and place of such sale, containing a description of the land,
679
Tit. XI, Ch. 1. OFFICERS OF ORIGINAL TOWNSHIPS. §§ 1432a-1433.
and the money due and to become due thereon, by publishing the same in some
newspaper of general circulation in such county for six consecutive weeks before
the day of sale; on such sale no bid shall be entertained for a sum which will
not be sufficient to pay all the purchase money due to the state, and all expenses
incident to the sale; and in case the premises can not be sold for that amount,
they shall revert to the state in trust for the township to which the lands belong
and to be sold in the manner provided for the sale of such lands not under
permanent leases, or leases for ninety-nine years, and in any such case, whether
arising before or after the passage of this act, the auditor, in addition to any
other remedy provided by law for enforcing payment for any such tract of
land, may institute suit by civil action in the court of common pleas of the
county in which the land is situate, in his own name for the use of the
proper township, against the purchaser or lessee and all other parties who have
or claim an interest in the land, or are in any manner affected by said suit,
and shall prosecute the action to final judgment, and he may have an order
for the sale of, and have said premises sold, with all improvements thereon as
upon execution at law, for the satisfaction of such judgment, and the sheriff's
deed executed in accordance therewith shall convey to the grantee therein the
legal title to said land, and all rights of the state and of said original town-
ship as well as all parties to said suit therein. The auditor may have execu-
tion for any balance remaining unsatisfied after such sale, but such balance
shall be recovered equally from all the lessees, their heirs or assigns, and no
person shall be liable for more than his pro rata share thereof. The proceeds
of said sale, after payment of all costs and expenses of said action shall be
forthwith paid by the sheriff to the treasurer of the county, and said sheriff
shall at the same time certify to the county auditor the fact of such sale and
to whom, together with a description of the land so sold, the amount for which
the same was sold and a statement of the distribution of the same, and the
auditor shall report the same to the auditor of state at the time, and in the
manner provided in section 1431. [88 v. 321; 70 v. 195, § 147.]
The following act relating to this subject, passed December 26, 1821 (20 v. 6; Chase 1209), has not been
repealed, and is not contained in the Revised Statutes:
"Be it enacted by the General Assembly of the State of Ohio, That the act entitled 'an act relative to per-
manent leases,' passed January twenty-ninth, eighteen hundred and twenty-one, shall not in any case be so
construed as to authorize a valuation of school section number sixteen, in cases where the judgment has been
or may hereafter be obtained for rent or interest due on such section, but such judgment or execution may
be proceeded on, according to the stipulations in said lease, or the law under which it was granted."
In an action to annul a sale under this section, on the ground of a defective notice in a specified news.
paper, the answer admitted the defects in that notice, but alleged that a notice was published in another
newspaper, in all respects as required by law: Held, the sale was not void because of the defective notice:
Sealing v. Lawrence, 27 O. S. 441.
Under the act of April 16, 1852 (50 v. 168), no action is authorized to be brought against the purchaser to
recover the unpaid purchase money. The remedy by sale or forfeiture, as provided in 15, is the only remedy
which the auditor is authorized to adopt: State v. Glidden, 31 O. S. 309; but where, by mutual mistake, a deed
was made on the payment of less than the amount due, suit may be brought for balance: Seeley v. Thomas,
31 O. S. 301.
SEC. 1432a. [Petition and suit of auditor.] When the auditor shall
institute an action as provided in the preceding section, it shall be sufficient
for him to allege in his petition the sale of said land, together with a proper
description thereof, and that there remains due and unpaid the amount claimed,
with interest, without being required to set forth in his petition any of the
special matter or proceedings had in connection with the sale of said land,
and the record of the proceedings kept by said auditor, as required by law,
shall be proof of the facts of said sale and of the validity thereof, and his
record of the amount claimed to be due shall be prima facie evidence of the
correctness of the same, and the judgment debtor or any one else shall not be
entitled to the benefit of the laws for stay of execution or exemption of home-
stead in the enforcement of any judgment recovered. [88 v. 322.]
SEC. 1433. [Final certificate on sale, and payment for lands sold as
delinquent.] When said lands sell as aforesaid, except when sold under pro-
ceedings in civil action, the purchaser shall pay to the treasurer of the county
680
SS 1434-1438.
OFFICERS OF ORIGINAL TOWNSHIPS. Tit. XI, Ch. 1.
the amount so bid for said premises; and on producing to the auditor the
treasurer's receipt for such payment, the auditor shall give him a final certifi
cate, stating the fact of such sale, the name of the purchaser, the description
of the lands sold, the amount for which sold, the payment of the same, and
that the purchaser is entitled to receive from the state a deed in fee simple
for the same, on producing to the proper officer this certificate. [88 v. 322; 70
v. 195, § 148.]
SEC. 1434. [Final certificate in other cases.] When the purchaser or
lessee, his heirs or assigns, has made payment in full, the auditor shall give to
such person a final certificate, containing, in addition to the former one, the
fact of the payment in full and that said person is entitled to receive from the
state a deed in fee simple for said premises on the presentation of this certifi-
cate to the proper officer or officers. [70 v. 195, § 149.]
SEC. 1435. [Deed from state for delinquent lands.] The auditor of
state, upon the filing of any such final certificate in his office, shall prepare a
deed for the premises described therein, and deliver it to the governor, together
with a certificate, under the seal of his office, that all the papers required by
law, and upon which it is based, are on file in his office, and have been exam-
ined by him and found to be correct; and such certificate shall contain a brief
description of the premises conveyed, and the name of the grantee; and such
deed, when signed by the governor, countersigned by the secretary of state,
and sealed with the great seal of the state, shall be returned to the auditor of
state, who shall transmit it to the county auditor from whom the final certifi-
cate was received, who shall deliver it to the grantee. [1882, April 17: 79 v.
136; Rev. Stat. 1880; 70 v. 195, § 150.]
Neglect to file the certificate and demand a deed for a long series of years, will forfeit the right as
against superior equities: Bridenbaugh v. King, 42 O. S. 410. Okey and Follett, JJ. dissented.
SEC. 1436. [Excess of money on delinquent sale.] All excess of mon-
eys made on a sale of delinquent lands as aforesaid, after paying all sums due,
interest and costs, shall be paid on demand to such delinquent owner, his heirs
or assigns, from the county treasury, on the warrant of the auditor, if such
demand is made within one year from the time of such sale; and if not so
demanded, it shall be paid into the state treasury; and unless the same is
demanded within one year after it has been paid into the state treasury, it
shall be applied for the same uses as the lands are subject to. [70 v. 195,
§ 151.]
SEC. 1437. [Fees.] The fees for services under this chapter, in relation
to sales, shall be as follows: The court shall tax such fees on any petition filed
in the same, as are allowed for similar services on proceedings for partition: the
county auditor shall be allowed one dollar and fifty cents on each sale made
by him; for each certificate, fifty cents; for each receipt, six cents, to be paid by
the purchaser, and the same fees for recording as are allowed to county record-
ers, to be paid out of the first moneys paid in as interest or rents on such sale
or surrender: all printers' fees for advertising shall be paid out of the county
treasury on the warrant of the auditor, and refunded out of the first moneys
received on such sale as interest or rents: the cost in court shall, in case of a
petition by the trustees, be paid out of the county treasury on the warrant of
the county auditor, and refunded out of the first moneys received from the
sale as interest or rents: in case of a lessee being petitioner, all costs shall be
paid by him. [70 v. 195, § 152.]
SEC. 1438. [Section twenty-nine.] All those lands granted by the
congress of the United States for religious purposes, known as section twenty-
nine, may be sold, or the permanent leases thereto surrendered, and said sale or
surrender shall be regulated by and conducted according to the provisions of
this chapter in relation to the sale of school lands and the surrender of perma-
nent leases thereto. [70 v. 195, § 153; 58 v. 28, § 1; S. & S. 915.]
681
Tit. XI, Ch. 1.
OFFICERS OF ORIGINAL TOWNSHIPS.
§ (1438—1).
(1438-1) [Trustees may sue for injuries to school lands.] The trus-
tees of any township having school lands, whether the same lie in such town-
ship, or elsewhere, may, by action before a proper court in their own names,
sue and recover in any existing cause of action arising out of any injuries to
such lands, or upon any cause of action that may hereafter arise in respect to
such lands, as fully as if such lands had been vested in fee in the trustees of
such township from the time such ownership commenced. [54 v. 93, S. & C. 1344.]
Lands donated by congress to the legislature of this state, for school purposes, are exempt from assess-
ments for the expense of local improvement: Poock v. Township Trustees, 4 C. C. 41.
SEC. 1438a. ["Ministerial fund."] The money which has been or may
hereafter be paid into the state treasury on account of sales of lands granted by
congress for religious purposes, known as section twenty-nine, shall constitute
the "ministerial fund," of which the auditor of state shall be the superintend-
ent, and the income of said fund shall be used exclusively for religious pur-
poses. [1889, April 5: 86 v. 205.]
SEC. 1438b. [Account of by auditor of state.] The ministerial fund
shall constitute an irreducible debt of the state, on which the state shall pay
interest annually, to be computed for the calendar year, and the first computa-
tion on any payment of principal, hereafter made, to be from the time of pay-
ment to and including the thirty-first day of December next succeeding, and
the auditor of state shall keep an account of the fund and of the interest which
accrues thereon, in a book or books to be provided for that purpose, with each
original surveyed township or other district to which any part of the fund
belongs, crediting each with its share of the fund, and showing the amount of
interest thereon which accrues and the amount which is disbursed annually to
each. [1889, April 5: 86 v. 205.]
SEC. 1438c. [Statement to be transmitted to county auditor.] The
auditor of state shall transmit, with each February settlement sheet, a certified
statement, showing the amount of interest derived from the ministerial fund,
payable to each original surveyed township or other district within the county,
and the treasurer of each county shall, at the February settlement with the
auditor of state, retain in the county treasury, from the state taxes collected
by him, the amount of the funds shown by said certified statement to be due
such county. And the treasurer of each county shall pay said funds, on the
warrant of the county auditor, to the treasurer of the original township in
which such lands are located; said warrants to be drawn for the amount due
each original township, as certified by the auditor of state; and said funds shall
be apportioned by the trustees of such original surveyed township in the man-
ner now provided for the apportionment of money arising from rents and
profits on such lands. [1889, April 5: 86 v. 205.]
SEC. 1439. [Certain sales of sections sixteen and twenty-nine.] Sec-
tion sixteen, donated and set apart for the support of schools, and section twenty-
nine, for the purpose of religion, or lands granted in lieu of either, by the
directors of the Ohio company, on the seventh day of January, 1796, in the fol-
lowing original surveyed townships within the Ohio company's purchase, to
wit: Township number eight, in range number twelve; township number seven,
in range number thirteen; township number eleven, in range number fourteen;
township number thirteen, in range number fifteen; and townships numbers
eight, nine, ten, eleven, twelve, and thirteen, in range number sixteen may be sold
or the leases thereto, whether permanent or otherwise, surrendered, and said sale
or surrender shall be regulated by and conducted according to the provisions of
this chapter; and the lessees of any of said lands holding leases for any term
less than ninety-nine years, shall be permitted to surrender their said leases in
the same manner, and be entitled to all the benefit of this chapter, as if their
leases were for ninety-nine years. [70 v. 195, § 154; 58 v. 28, §2; S. & S. 915.]
682
§1440.
OFFICERS OF CIVIL TOWNSHIPS.
Tit. XI, Ch.2.
SEC. 1440. [Error in calculation of purchase money shall be cor-
rected.] When a sale of school or ministerial lands has heretofore been made,
or may hereafter be made, under any law of the state, and any mistake has
been made in the calculation of the amount to be paid, or in the computation
of interest, either inadvertently or designedly, by any officer having charge of
the same, the auditor of the proper county shall examine into the same and
correct any such mistake; and any purchaser or purchasers of any such school
lands, upon being notified of the same, shall immediately pay the sum he or
they may be found to be in default; failing to do which the auditor shall insti-
tute a suit against said purchaser or purchasers so neglecting to pay the amount
so found to be unpaid, in the court of common pleas of the county in which
said lands are situated, in his own name, for the use of the proper township,
and shall prosecute said action to final judgment and execution; and if the
mistake be by excess of payment the auditor shall make the correction by pay-
ing out of the county treasury the amount overpaid, and charging the same to
the state or township, as the case requires. [69 v. 76, § 4.]
SECTION
ELECTIONS.
1441. Election in new township.
CHAPTER 2.
OFFICERS OF CIVIL TOWNSHIPS.
1442. When, where, and how election held.
1443. Trustees shall fix place of holding elections,
etc.
1444. The power to preserve order at elections.
1445.
Notice of election: what to contain.
1446. By whom and how served.
1447. Who to be sworn as judges and clerks, and by
whom.
1448. Election of township officers.
1448a. Bond of township trustee.
1449. Penalty for refusing to serve when elected.
1450. On failure to hold election, trustees to appoint
the other township officers.
1451. And to fill vacancies in such offices.
1452. Filling of vacancy in office of trustee.
1453. Notice to township officers elected or appoint-
ed to appear and qualify; serving of such
notice.
1454. Certificate of oath of office, and its record.
1455. What shall be deemed a declination of a town-
ship office.
1456. Who may be, or vote for, supervisor.
TRUSTEES.
1457. When to establish road districts and deter-
mine number of supervisors and constables.
1457-1. As to dividing of townships into road dis-
tricts in Cuyahoga county.
1458. Other business at March meeting.
1459. How road funds appropriated and paid out.
1460. Plows, scrapers, etc., to be purchased and pre-
served.
SECTION
1464-3. Compensation of trustees and treasurer.
1464a. Use of land near dwelling-house in city of
third or fourth grade, second class.
1465. Taxes therefor, and vote of electors necessary.
1465-1. Taxes for erection of buildings upon
grounds of cemetery association.
1465-2. Application of tax.
1465-3. Bonds in anticipation of tax.
1466. Trustees shall make out and enforce rules
therefor.
1466a. Directors of township cemetery: how ap-
pointed.
1467. Sale of lots, and deeds therefor.
1468.
And expend proceeds.
1469. No levy on lots.
1470. Penalty for corpse nuisance.
1470-1. Trustees of township or cemetery associa-
tions may cause dead bodies to be removed
in certain cases.
1470-2. May sell burial ground at public sale;
proviso.
1470-3. Disinterment, etc., of body buried in ceme-
tery.
1470-4. Form of application.
1470-5. Writ of mandamus.
1471. May be removed, etc.
1472. Tax authorized to purchase additional ceme-
tery grounds.
1173. In whom title shall vest.
1473-1. Cemetery association may convey burying.
grounds to township trustees; acceptance by
trustees.
1461. How judgment against township paid.
1462. On complaint of infectious disease, township
clerk shall call meeting of trustees, etc.
1463. Trustees to make regulations to prevent spread
of disease.
1474.
1475.
1473a. Abandonment, etc., of grave yard etc., owned
by city or village in certain cases.
Public burial ground on township lines.
Soldiers' monuments may be placed in charge
of trustees.
1475-1.
Providing for the inclosure of abandoned
burial ground.
CEMETERIES.
MISCELLANEOUS.
1464. Cemeteries, and appropriation of private prop-
erty therefor.
1464-1. Permanent fund for care of cemetery lot;
powers and duties of township trustees as to
such trust exemption.
1476. How public library may be established.
1477. Trustees of the library, and their duties.
1478. The books of the school library may be put
therein.
1464-2. Duties, etc., of township treasurer; actions,
1479.
1480.
When more expensive town hall may be built.
Contracts therefor, and management thereof.
etc.
683
Tit. XI, Ch. 2.
OFFICERS OF CIVIL TOWNSHIPS.
$1441.
SECTION
1480a. Proceedings when site for town hail can not be
procured by contract.
1481. Township trustees may receive douations for
township use.
1482. Powers of township trustees.
1483. When unable to contract, may condemn, etc.
1484. Owner may appeal to probate court.
1485. Hearse and vault; how provided.
SECTION
1506. Certain bonds shall be recorded by township
clerk.
1507. Such record admitted as evidence.
1508. Clerk's fees therefor, etc.
TREASURER.
1509. Treasurer's bond.
1509-1. Payment of funds collected for joint town-
ships to managing trustee.
1486.
Election therefor.
1487. Trustees may issue bonds in anticipation of
tax.
1510.
Shall give notice to trustees of road funds re-
ceived from county treasurer.
1511.
1488. May appoint harbor masters: their powers and
duties.
Examination of township treasury.
1512.
How money paid out, and paying over at ex-
piration of term.
1513.
Where township funds may be deposited.
1489. When bonds may be issued jointly.
1490. Annual meeting,
POOR.
1491. Township trustees and corporation officers to
afford relief.
1491a. Relief of needy blind person.
1492. Who entitled to relief.
1514. If mouey is lost, treasurer is held accountable.
SUPERVISOR of RoadS.
1515. Bond of supervisor.
1516. Bond of constable.
Bond.
CONSTABLE.
1492a. Defense of township trustees in action for non-
support of pauper; evidence.
ASSESSOR.
1517.
1493. Settlement of persons.
1494. How trustees or corporation officers shall be
notified.
1518.
His failure to qualify vacates his office; how
vacancy filled.
1495. Shall visit persons requiring relief.
1519.
1496. Removal of foreign paupers to their own
county costs; notice to foreign directors;
failure to give notice.
1520.
Clerk shall notify auditor of his qualifying.
General duties of assessor.
1521.
1522.
Assessor required to administer an oath.
Statistics to be gathered and returned by as-
1496a. Removal of indigent persons to their own
counties; costs; notice to foreign directors,
etc; trustees may collect costs by civil action.
1497. Semi-annual settlements.
1498. Accounts to be certified, etc.
sessors.
1522-1. Corrected lists of ex-soldiers, sailors and
marines.
1522-2. Consolidation; further duties of auditor;
penalty.
1523. His return thereof; agricultural statistics.
Penalty for failure to gather and return sta-
tistics.
1499.
How relief afforded in certain cases.
1499-1. Medical relief of poor in townships or cor-
porations.
1524.
1499-2. To whom contract awarded.
1525.
1499-3. Liability of trustees after contract entered
into.
Penalty on persons for not giving statement of
statistics.
1526.
Enumeration of blind, etc.
1499-4. Performance of labor by recipient of public
1526a. Abstract of returns of epileptic and epileptic
insane.
relief.
1500. Pauper's property; how controlled.
1500a. Burial of the unclaimed dead by township
trustees; refunder of expenses by county.
1503. The books he is to be provided with.
1527. Enumeration of males over twenty-one.
1528.
Blanks: how furnished,
GENERAL.
1529. Township officers to deliver to successors all
records, etc.
FEES.
1530. Compensation of trustees; statement; ex-
CLERK.
1501.
Clerk's bond.
1502. The records he is to keep.
1504. Township clerk shall make detailed state-
ments of receipts and expenditures; liable to
a fine upon failure to perform duty.
ception.
1531.
Fees of township clerk.
1532.
Fees of township treasurer.
1533.
Fees of supervisor.
1534. Fees of constable.
1535. Fees of assessor.
1505. Clerk's power to administer oaths.
No contract, appropriation, etc., unless money is in treasury and set apart, see ? 2834b.
Free public park, in Youngstown township, Mahoning county, see 88 v. 31.
For an act to give preference of appointment or employment to honorably dis
charged soldiers," etc. (85 v. 149), see ? (3107-48).
For an act to authorize land owners to improve their lands within the lines of high-
ways by ornamentation and the construction of sidewalks” (86 v. 101), see ? (4909—1).
County solicitor of Cuyahoga county legal adviser of all township officers; exception,
see ? 1282a.
As to suits by or against such officers, see same section.
ELECTIONS.
!
SEC. 1441. [Election in new township.] When a new township is set off,
the county commissioners shall forth with give public notice by advertisement, in
three public places in such township, at least ten days before the time, of the
time and place of holding an election for township officers, and the electors of
such township shall at such time and place assemble, and then and there elect
township officers; and the officers so elected shall hold their offices until the
next annual township election, and their successors are elected and qualified.
[51 v. 489, §4; S. & Č. 1566.]
684
§§ 1442-1445.
OFFICERS OF CIVIL TOWNSHIPS.
Tit. XI, Ch. 2.
SEC. 1442. [When, where, and how election held.] On the first Mon-
day of April, annually, the electors of each township shall assemble at such
place as is appointed by the trustees thereof (or by the advertisement of the
commissioners, in case of a newly set off township), for the purpose of electing
their township officers; and the electors, when so assembled to the number of
twelve or more, either at the annual or any special township election or meet-
ing, between the hours of six and ten before noon, shall proceed to choose, viva
voce, three persons having the qualifications of electors, judges of the election,
and two persons having like qualifications, to serve as clerks; but in townships
for which township officers have been chosen for the preceding year, the
trustees shall serve as judges, and the clerk and such other person as the judges
appoint, shall serve as clerks of election then to be held, and if either of the
trustees or clerk fails to attend, the place of such trustee or clerk shall be filled
by the electors viva voce, as aforesaid; provided, that, if the trustees of any
township belong to the same political party, then the person not a member of
the same political party as the trustees, having received the next highest vote
for the office of trustee at the next preceding township election shall act as
judge in the place of the trustee last elected for the term of three years; and
provided, further, that the clerk selected as herein provided shall not be a
member of the same political party as the township clerk. [89 v. 195; 86 v. 93,
94; Rev. Stat. 1880; 51 v. 489, §5; (S. & C. 1566).]
Cited in Lane v. State, 39 O. S. 314.
SEC. 1443. [Trustees shall fix place of holding elections, etc.] The
trustees shall fix the place of holding elections within their township, or of
any election precinct thereof, and they may purchase or lease for this purpose
a house and suitable grounds, or by permanent lease or otherwise, a site, and
erect thereon a house; and upon a vote of a majority of the electors of the
township or a precinct thereof voting at any general election in favor of a tax
therefor, at least thirty days' notice having been given by posting up such
written notices in at least five of the most public places in such township or
precinct that at such election a vote would be taken for or against a tax to
purchase a site and build a town hall, the trustees may purchase a site and
erect thereon a town hall for such township or precinct, the whole not to cost
over two thousand dollars, and levy a tax on all the taxable property within
such township or precinct to pay the same. [90 v. 257; 51 v. 489, § 24; 73 v.
203, § 1; S. & C. 1570.]
In the act of April 19, 1883 (80 v. 189), which enacts? 1480a, it is declared that said
supplementary section (1480a) is supplementary to ?? 1443 and 1480.
After funds are raised for a hall, although under a defective notice of election, the building of the hall
will not be enjoined. Harpster v. Brower, 5 Č. C. 395.
SEC. 1444. [Shall preserve order at elections.] The trustees at every
election, or township meeting, have power to cause any disorderly person to
be removed, and, if necessary, confined until the close of such election, or
meeting; and every constable present shall obey their orders and directions,
for the purpose of preserving order at such meeting. [51 v. 489, § 24; S. &. C.
1570.]
SEC. 1445. [Notice of annual township meeting for election, etc.] At
least twenty days before the annual township meeting, the trustees shall issue
their warrant to a constable of the township, directing him to notify the
electors of such township to assemble at the time and place appointed for the
annual meeting, and said warrant shall enumerate the officers to be chosen at
such meeting; and on application of two or more freeholders of the township,
for that purpose, the trustees shall insert in said warrant such other business,
matter, or thing, as may be proposed to be submitted to said township meet-
ing. [51 v. 489, § 16; S. & C. 1569.]
Section 4895i abolished the office of supervisor of roads in Clinton, Greene, Madison,
and Warren counties, and the trustees, in the notice of election for township officers, each
year, omit the office of road supervisor.
685
Tit. XI, Ch. 2.
OFFICERS OF CIVIL TOWNSHIPS.
§§ 1446-1448.
SEC. 1446. [How notice served.] The constable who receives such
warrant shall notify the electors of the township, by setting up copies of such
warrant in at least three public places in such township, at least ten days
before the meeting of the electors; but where the office of one or more of the
trustees is vacant, the township clerk, together with the trustee or trustees in
office, shall issue the warrant aforesaid. [51 v. 489, § 17; S. & C. 1569.]
SEC. 1447. [Who to be sworn as judges and clerks, and by whom.]
Before receiving any votes, the judges and clerks who are not trustees or town-
ship clerk shall take the oath of office, which may be administered by them.
[51 v. 489, §6; S. & C. 1567.]
SEC. 1448. [Election of township officers.] After the judges and clerks
have been qualified as aforesaid, the electors shall proceed to the election of one
township clerk, one trustee, one township treasurer and such number of
constables as may be directed by the trustees, and one supervisor of roads by
the electors of each road district, and one assessor for the township, or if the
township is divided into two or more election precincts, then for each precinct
in which such election is held; provided, that when any precinct in any county
is composed of territory from two or more townships, for the purpose of elect-
ing assessors such territory shall be considered as part of the precinct adjacent
thereto, in the township in which it is located, excepting in counties contain-
ing cities of the first grade of the first class; and the judges and clerks in dis-
charging their duties in said election shall be governed in all respects by the
law regulating elections, but it shall not be necessary to send a poll-book to the
clerk of the court of common pleas of the proper county; and in case any two
or more persons have the highest and an equal number of votes for any one
of the township offices directed to be filled, the clerk and judges of the election
shall determine by lot which of the persons is duly elected; and the officers so
elected shall hold their respective offices for the following terms, and until
their successors are elected and qualified: Supervisors of roads and assessors,
one year; township clerk and treasurer, two years; constables, three years;
and trustees, three years; provided, that at the first annual election of any
new township there shall be elected three trustees, the one receiving the high-
est number of votes to serve three years; the one receiving the next highest
number of votes to serve two years, and the one receiving the next highest
number of votes to serve one year; should any two or more of those elected
receive the same number of votes, they, at the first meeting of the board after
their election, shall determine by lot the term for which each of them receiv-
ing an equal number of votes shall respectively hold the office; and provided,
further, that at the next annual election after the passage of this act, and at
the first election of any new township, a treasurer shall be elected for one year
and a clerk for two years, and thereafter a township treasurer and clerk shall
not be elected at the same annual election. [90 v. 144; 89 v. 65; 87 v. 118; 85
v. 131; 83 v. 28; Rev. Stat. 1880; 65 v. 87, §7; 56 v. 156, § 1; 51 v. 489,
§8; 51 v. 179, § 182; (S. & C. 85; S. & C. 802; S. & C. 1567; S. & S. 914.]
Act of 1888, April 11 (85 v. 192, 196), 7 3, reads: "This act shall take effect on its
passage: provided, that the terms of township clerks and treasurers elected in April, 1888,
shall continue until the end of the terms for which they were elected, and until the follow-
ing first day of September, as provided in this act."
Where a municipal corporation forms part of a township the outside territory may be
formed into assessor districts, see 2 1718.
For "an act to create township supervisors in certain counties, etc." (80 v. 324), see
¿ (4757-1) et seq.
As to filling of vacancy in the office of constable: State v. Comer, 7 C. C. 258, 259; 2 O. D. 472.
Electors of a city are not entitled to vote for assessors and supervisors of highways as officers of the town-
ship, but in the offices of township trustees, clerk, treasurer, justices of the peace, and constables, electors of
a city have, in some, or in all, respects a like interest with the electors of the township: State v. Ward, 17
O. S. 544.
An action lies against township trustees for refusing a lawful vote, without proof of express malice:
Jeffries v. Ankeny, 11 0. 372.
The appointee to fill a vacancy holds only until the successor is elected and qualified, which is at the next
general election held more than thirty days after: State v. Lehman, 10 C. C. 228; 3 O. D. 198, affirmed 54
O. S. 242.
686
§§ 1448a-1453.
OFFICERS OF CIVIL TOWNSHIPS.
Tit. XI, Ch. 2.
SEC. 1448a. [Bond of township trustee.] Before entering upon the
discharge of his duty, each township trustee, elected after the passage of this
act, shall give to the state of Ohio for the use of the township a bond with at·
least two sureties, who shall be residents of the same township with the
trustee, in the sum of five hundred dollars, payable as above mentioned, condi-
tional for the faithful performance of his duty as trustee, which bond shall be
approved by some justice of the peace of the township in which the bond is
given. The justice of the peace who approves said bond may, whenever he
deems it necessary, and on application of at least twelve freeholders of the
township require additional security or the execution of a new bond; and if
the trustee fail for ten days to give additional security or execute a new bond
after service of such notice in writing, such original bond or new bond to be
deposited with the township clerk and recorded by him, the office shall be
declared vacant and filled as required by law. [91 v. 116.]
SEC. 1449. [Penalty for refusing to hold office.] A person elected or
appointed to an office under this chapter, who neglects or refuses to serve
therein, shall forfeit and pay to and for the use of the township wherein he
resides at the time of such election, the sum of two dollars, to be recovered by
an action before a justice of the peace of said township; and the township clerk
shall, in the name of said township, demand, receive, or sue for such forfeiture,
and pay over the same when collected to the township treasurer; but no person
shall be compelled to serve in a township office two years in succession. [51 v.
489, § 14; S. & C. 1569.]
This recognizes the right to refuse office: Reiter v. State, 51 O. S. 74, 79.
Where a citizen was elected both a constable and a supervisor at the same election, and accepted and
entered upon the duties of the latter office, it was held that he could not also be required to accept the office
of constable: Township of Hartford v. Bennett, 10 O. S. 441.
SEC. 1450. [When trustees shall appoint other officers.] In case
there should not at any annual meeting provided for in this chapter, be a suf-
ficient number of electors assembled for holding the election, so that no town-
ship officer can be chosen by the electors, the trustees shall appoint all other
officers in this chapter enumerated. [51 v. 489, §21; S. & C. 1569.]
SEC. 1451. [And fill vacancies in such cases.] If, by reason of non-
acceptance, death, or removal of a person chosen to an office in any township,
except trustee, at the annual meeting aforesaid, or there is a vacancy from any
other cause, the trustees shall appoint a person having the qualifications of an
elector to fill such vacancy; provided in case of a vacancy in the office of clerk
or treasurer, such appointee shall hold until his successor shall be elected as
provided in section 1448. [87 v. 119; 51 v. 489, § 20; S. & C. 1569.]
SEC. 1452. [Filling of vacancy in office of trustee.] When a township
for any cause is without a board of trustees or there is a vacancy in the board
of trustees of a township, the justice of the peace of such township holding the
oldest commission, or in case the commissions of two or more of such justices
bear even date, then the justice oldest in years, shall appoint a suitable person
or persons, having the qualifications of electors in such township to fill the
vacancy or vacancies until a successor is elected and qualified, and such suc-
cessor shall be chosen for the unexpired term at the first annual township elec-
tion that occurs more than ten days after the vacancy shall have happened,
and the justice of the peace shall make out a certificate in writing of such
appointment or appointments, and file the same with the clerk of the town-
ship in which said vacancy occurred, who shall record the same. [1886, March
8: 83 v. 28; Rev. Stat. 1880; 74 v. 16, §1.]
Cited State v. Comer, 7 C. C. 258, 259; 2 O. D. 472.
SEC. 1453. [Notice to township officers elected or appointed to ap-
pear and qualify; serving of such notice.] The township clerk shall forth-
687
Tit. XI, Ch. 2.
OFFICERS OF CIVIL TOWNSHIPS.
§§ 1454-1457.
with, after the election or appointment of township officers, make out a list of
all the officers elected or appointed, stating the offices to which they are respect-
ively chosen or appointed, and add thereto a requisition that they severally
appear before him, or some other officer authorized to administer oaths, and
take the oath of office and give bond (if required by law to give bond) within
ten days after such election; but the clerk and treasurer, whose term of office
shall begin on the first day of September, may take the oath and give bond at
any time before that date; and the said clerk shall forthwith make serv-
ice of such list and requisition by delivering to each person so elected or
appointed a copy thereof, or such list may be delivered to any constable of
said township, who shall make service of the same as required aforesaid, and
said list and requisition, with the time and manner of service thereon, shall be
returned and filed in the office of said clerk. [1888, April 11: 85 v. 192; 80 v.
7; Rev. Stat. 1880; 51 v. 489, § 10; (S. & C. 1567).]
SEC. 1454. [Certificates of their oaths shall be returned to and re-
corded by the clerk.] If a person elected or appointed to a township office
takes the oath of office before an officer other than the clerk, a certificate of
such oath shall be, by the officer before whom the same is taken, forthwith
deposited with the clerk; and the clerk shall make a record of all official oaths,
whether taken before himself or some other officer. [51 v. 489, § 11; S. & C.
1568.]
SEC. 1455. [What shall be deemed a declination of a township office.]
If a person elected or appointed to a township office after receiving notice of
his election or appointment, fail to take the oath of office, and, if bond is
required of such officer, give bond, within the time stated in section one thou-
sand four hundred and fifty-three, he shall be deemed to have declined to accept,
and the vacancy shall be filled as in other cases. [1888, April 11: 85 v. 192;
Rev. Stat. 1880; 51 v. 489, § 8; (S. & C. 1567).]
SEC. 1456. [Who may be supervisor, and how elected.] Every super-
visor of roads shall be a resident of the district for which he is elected; and no
elector shall vote for more than one supervisor of roads, or for any person for
that office who is not an actual resident of the district in which said elector
resides, and if a ballot contains more than one name for the office of super-
visor, or if it appears to the satisfaction of the judges of election that an elector
has voted for any person for that office other than for the district in which
such elector resides, such vote, as to that office, shall be deemed void; and if,
on counting the votes, it appears that there were more votes given for super-
visor of a district than there were resident electors of such district voting at
such election, the judges shall declare the election, as to that district, void; and
the vacancy shall be filled by the trustees, as in other cases of vacancy. [51 v.
489, § 14; 58 v. 123, §1; 65 v. 14, § 2; S. & C. 1568; S. & S. 661; S. & S. 662.]
TRUSTEES.
To examine accounts of justice in Youngstown township, Mahoning county, see ? 621h.
Duty under act "to authorize township trustees and county commissioners to organize
special road districts," etc., see ? (4757--1) et seq.
To fill vacancy in office of justice of peace until next regular election, see ? 567.
Improvement of highways in townships wherein no other system of macadamizing or
graveling has heretofore been used, see? (4686-30) et seq.
County solicitor of Cuyahoga county legal adviser of all township officers; exception,
see ? 1282a.
As to suits by or against said officers, see same section.
SEC. 1457. [Duties of trustees at March meeting.] The trustees shall
meet annually, on the first Monday of March, at the place for holding town-
ship meetings, and divide their township into road districts, when it has not
been so divided, and make any alterations they think proper in districts before
laid out, and cause a description of the districts as so made or altered to be
entered in the township record; and after such division or alteration, give
688
S (1457-1).
OFFICERS OF CIVIL TOWNSHIPS.
Tit. XI, Ch. 2.
notice of the number of supervisors to be chosen in the township; and at the
same meeting they shall also fix and give notice of the number of constables
to be elected for the township. [51 v. 489, § 14; 65 v. 14, §1; S. & C. 1568;
S. & S. 662; (S. & C. 1308).]
See note to ? 4737.
(1457—1) [As to dividing of townships into road districts in Cuyahoga
county.] The township trustees of any county in this state containing a city
of the first class, second grade, are hereby authorized to divide their respective
townships into as many road districts as they think proper, and cause the
same to be done as provided for in section 1457 Revised Statutes. Provided,
however, that said road districts shall be laid out as aforesaid, on or before the
1st day of April, A. D. 1891, and every year thereafter on the first Monday in
March as provided for by said section 1457 Revised Statutes. [88 v. 101.]
The trustees have, under 2 32 of the act of March 9, 1868 (65 v. 14), authority to bring actions for penalties
for obstructing highways: Trustees of Burton Tp. v. Tuttle, 30 O. S. 62.
There are only two "regular meetings" (annually) required by law on the first Monday of March, at
the usual place of holding elections, for the purpose of settling accounts, districting roads, etc.; and on the
first Monday of April, at the same place, for the purpose of holding an election for township officers: State
ex rel. Cline v. Wilkesville Tp., 20 O. S. 293.
Special meetings of boards of township trustees may be held at any time and place within the township,
and without previous notice to all the trustees: Ib. 288.
In a case where it becomes material to prove that an official act of township trustees was done on a par-
ticular day, and the record of the township clerk is silent thereon, it is competent to prove by parol testi-
mony, by any competent witness who was present and knew the fact of such date-such testimony not
contradicting the record: Ratcliff v. Teters, 27 O. S. 66.
SEC. 1458. [Shall settle with treasurer, supervisors, and others.] At
the said March meeting the trustees shall settle the accounts of supervisors
and of the treasurer, and for this purpose the supervisors and treasurer shall
attend said meeting, and at the same meeting the trustees shall examine and
settle all other claims against the township not before settled; and at the
said March meeting the treasurer shall settle with the board of education of
the township district, and for this purpose the treasurer of the township and
the clerk and president of the board of education of the township district
shall attend said meeting. [90 v. 98; 51 v. 489, § 15; S. & C. 1568.]
SEC. 1459. [How road funds appropriated and paid out.] When money
is received into the township treasury from the county treasury for road pur-
poses, the trustees shall cause the money so received to be appropriated to build-
ing bridges or repairing public roads within their township; and after public
notice, let by contract to the lowest bidder, (if in the opinion of the trustees
such bidder is competent to perform the same), such part or parts of any road
as they deem expedient, equal to the amount of money to be appropriated as
aforesaid; and when such labor is performed agreeably to the contract or con-
ditions of the letting, the trustees shall draw an order in favor of the person or
persons who have performed such labor for the amount due for the same.
[51 v. 489; §25; S. & C. 1570; (S. & C. 1313).J
For "
an act to create township supervisors in certain counties, and to require the let-
ting of certain portions of road work by contract," (86 v. 324).
As to improvement of highways in townships wherein no other system of macadam-
izing or graveling has heretofore been used, see ? (4686-37).
See note to ? 4737.
SEC. 1460. [Trustees shall purchase plows, scrapers, etc.] The trust-
ees are authorized to purchase a sufficient number of plows and scrapers for the
use of the township, and the same shall be used exclusively for that purpose,
and the cost and expenses thereof shall be paid out of any moneys in the town-
ship treasury not otherwise appropriated, on the order of the trustees, and the
trustees shall cause the plows and scrapers so purchased to be put in the posses-
sion of some supervisor or supervisors, who shall take care of and preserve the
same when they are not in use; and if there is not sufficient money in the
treasury to purchase a suitable number of plows and scrapers, the trustees may
cause the same to be procured by the application of any labor or tax for road
purposes which may be due within such township. [51 v. 489, § 26; S. & C. 1570.]
689
Tit. XI, Ch. 2.
OFFICERS OF CIVIL TOWNSHIPS.
SS 1461-1464.
SEC. 1461. [Collection of judgments against townships.] In all cases
when a judgment has been rendered against a township, the justice of the peace.
before whom, or clerk of the court wherein, judgment has been rendered, shall
make out a certified abstract of such judgment, with the amount of costs accru-
ing thereon, and the same shall be served by any constable of the township
against which such judgment is rendered, or by the sheriff or coroner of the
county in which such township is situated, and such service shall be by leav-
ing an attested copy of such abstract with the clerk of the township against
which such judgment is rendered, and such clerk shall forthwith notify the
township trustees thereof, and said trustees shall draw an order on the town-
ship treasurer in favor of such justice or clerk for the amount of such judgment
and costs, and the township treasurer shall pay the same on presentment out of
the appropriate funds, if there are any such funds in his possession; but the
trustees shall not be required to issue their order for the amount of any judg-
ment, when the same has been appealed or taken on error to a higher tribunal
until final judgment thereon. [51 v. 489, § 31; S. & C. 1572.]
The trustees of a township are the proper plaintiffs or defendants in prosecuting or defending a claim for
or against a township, unless express provision is otherwise made by law: Howard v. Whetstone Tp., 10 0.
365, 369.
SEC. 1462. [On complaint of infectious disease township clerk shall
call meeting of trustees, etc.] When complaint is made to the clerk of a
township or a reasonable belief exists that the small-pox or any other infectious
or loathsome disease prevails in any locality or house therein or in any adjoin-
ing township, and not within the limits of a city or incorporated village, said
clerk shall call a meeting of the board of trustees of the township, and the
board, if satisfied after investigation that such action is necessary, shall restrain
all persons except physicians and necessary attendants from visiting or fre-
quenting such house or locality within the township, or coming into such
township from an infected locality in any other township, until the danger of
infection or contagion therefrom has ceased, and they shall cause a copy of said
order to be posted up in at least three of the most public places in the town-
ship. [1882, March 24: 79 v. 50; Rev. Stat. 1880; 72 v. 178, § 1.]
SEC. 1463. [Trustees to make regulations to prevent spread of dis-
ease.] That the board of trustees shall have power to make and enforce all
necessary health regulations to prevent the spread of small-pox or any other
loathsome disease within the township, and restrain persons convalescing from
small-pox or knowing themselves to have been exposed thereto from coming
from infected localities into such townships; and any person violating such
order or health regulation after the same has been published or posted up as
provided in the next preceding section of this act, shall be liable to a penalty
of not less than ten nor more than fifty dollars and costs, to be recovered by
said board of trustees in an action before any justice of the peace in said town-
ship; said penalties when collected to be paid to the township treasurer for
township purposes. [1882, March 24: 79 v. 50; Rev. Stat. 1880; 72 v. 178, § 2.]
CEMETERIES.
SEC. 1464. [The trustees may accept, purchase, or appropriate lands
for cemeteries; petition for public road to same.] The trustees may accept
a conveyance of, or purchase and inclose, improve, and protect such lands in
one or more places within the township as they deem necessary and proper
for cemetery purposes; and if suitable lands can not be procured by contract
on reasonable terms, they may appropriate lands therefor, not exceeding ten
acres, by proceedings in accordance with the provisions of law regulating the
appropriation of private property by municipal corporations; but no such
appropriation shall be made until the court is satisfied that such lands can not
be obtained by contract on reasonable terms; nor shall any lands be so appro-
45
690
§ (1464—1).
OFFICERS OF CIVIL TOWNSHIPS.
Tit. XI, Ch. 2
priated on which there is any house, barn, stable, or other building, or any
orchard, nursery, medical or mineral spring, or well yielding oil or salt water;
nor shall any lands be so appropriated within two hundred yards of a dwell-
ing-house. The trustees, when petitioned by twenty-five interested persons,
shall provide a public road to any township cemetery over which they have
control in the same manner as herein provided for establishing cemeteries and
obtaining the land therefor. [88 v. 584; 66 v. 37, § 29; 75 v. 525, § 1; (S. &. S.
912; S. & C. 1571).]
For further legislation on the subject of cemeteries, see ??2516 to 2558, inclusive, and
?? 3571 to 3586 inclusive.
Conveyances of from religious or benevolent society to township using same, see
? (3773-1).
Title of Wabash township, Darke county, to cemetery ground confirmed, 90 L. L. 118.
Land can neither be appropriated nor purchased within two hundred yards of a dwelling without its
owner's consent: Henry v. Trustees, 48 O. S. 671.
This section applies to appropriating for an addition to a cemetery under 1472: Norton v. Trustees,
8 C. C. 335; 10. D. 464.
(1464-1) [Permanent fund for care of cemetery lot; powers and
duties of township trustees as to such trust; exemption.] It shall be law-
ful for the trustees of any township in this state to receive by gift, devise, be-
quest, or otherwise, any money, securities or other property in trust, as a per-
manent fund to be held and invested by said trustees, and their successors in
office, and the income derived therefrom to be used and expended by them,
under their direction, in the care, improvement and beautifying of any burial-
lot designated and named by the person making such gift, devise or bequest,
situated in any township cemetery over which such trustees have jurisdiction;
and the said trustees and their successors shall have power and authority, and
it shall become their duty to invest said fund in interest-bearing securities,
with interest payable annually or semi-annually, and the principal as the
same becomes due, in their names as such trustees, to the treasurer of such
township and from time to time change the said investment as the interest of
the said trust may demand, and to collect the interest dividends, or other in-
come, as the same become due and payable; and from the said income the said
trustees and their successors shall first pay the cost and expense connected
with the trust, and the balance shall be used and expended, under the direction
of said trustees, in the proper care and beautifying of said burial-lot; and the
said trustees shall, from time to time, as may be necessary, draw warrants on
the township treasurer to pay for the same, which shall be paid out of said
income funds, and not otherwise. Said gift, devise or bequest and income
derived therefrom shall be exempt from taxation, the same as other cemetery
property. [91 v. 149.]
(1464-2) [Duties, etc., of township treasurer; actions, etc.] The
township treasurer shall keep accurate and separate account of the said invest-
ments and of the income derived therefrom, and of all disbursements of the
same, which shall be open to inspection at all reasonable times, and shall be
approved by the trustees at each annual meeting of their board. All moneys,
securities and other property shall be and remain in the care and custody of
the township treasurer and his successors in office, and he and his sureties
shall be liable upon the official bond for the safe-keeping and proper acccount-
ing for the same, as he is for other money coming into his hands as such treas-
urer, belonging to said township. For any purpose connected with the said
trust, the said trustees and their successors shall have full power to commence
any action at law, or in equity, in any court, or to make any defense therein
necessary to the execution of said trust. [91 v. 149.]
(1464-3) [Compensation of trustees and treasurer.] The trustees
and treasurer and their successors shall receive the same compensation for serv-
ices connected with said trust as they now receive for similar services. [91
v. 149.]
691
Tit. XI, Ch. 2.
OFFICERS OF CIVIL TOWNSHIPS.
§ 1464a-1466.
SEC. 1464a. [Use of land near dwelling-house in city of third or fourth
grade, second class.] Where the trustees of any township own land for
cemetery purposes, situated in a city of the third or fourth grade of the second
class, they may use such land for cemetery purposes within one hundred (100)
feet or the width of a street from any dwelling-house the same as cemetery
associations are now authorized to do by section 3773 [3573] of the Revised,
Statutes of Ohio, as amended March 22, 1893. [92 v. 161.]
SEC. 1465. [Taxes therefor.] To defray the expenses of such purchase
or appropriation, and of the inclosing and improving of such lands, the trust-
ees may levy for one or more years a tax sufficient for that purpose, not exceed-
ing two thousand dollars in any one year, and also each year thereafter such
sum as may be necessary for the needful care, supervision, repair, and improve-
ment of such cemeteries; but before any such purchase or appropriation is
made or conveyance accepted, the question of a cemetery or no cemetery shall
be submitted to a vote of the electors of the township at the April election,
which vote shall be taken on the order of the trustees, or the written applica-
tion of any six electors of the township, specifying as near as may be the pro-
posed location of such cemetery or cemeteries, and the estimated cost thereof,
including inclosing and improving the same; on the making of which order or
the filing of said application, the clerk shall give notice at least twenty days
before said election that the vote will be taken, by posting up written notices
in at least three public places in the township, and the electors who favor the
proposition shall put on their ballots for township officers the word "Cemetery;"
and if a majority of all the votes given at such election is in favor of the
proposition, the trustees shall procure the lands for that purpose and levy taxes
as aforesaid. [66 v. 37, § 29; 51 v. 489, § 30; S. & C. 1571.]
Union township, Ross county, may make levy for cemetery purposes, 93 v. 470.
This special fund for the care of cemeteries is in addition to the levy under 2 2827: Ward v. Railway, 4
O. D. 154; 3 N. P. 274.
See note to Ward, Treasurer v. Railway Co., 3 N. P. 274; 4 O. D. 154, under ? 2827.
(1465-1) [Tax for erection of buildings upon grounds of cemetery
association.] The trustees of any township in this state, wherein their town-
ship owns a burial-place within the grounds of a cemetery association, may
levy a tax not exceeding five (5) mills upon the dollar of the tax duplicate of
said township for the purpose of erecting permanent buildings upon and
within such cemetery grounds. [90 v. 218].
(1465-2) [Application of tax.] When such tax shall have been
assessed and collected the same shall be paid to the officers of said cemetery
association, and by them applied to the erection of such permanent buildings
as in their judgment may be requisite for the accommodation of the patrons
of said cemetery. [90 v. 218.]
(1465-3) [Bonds in anticipation of tax.] The officers of such cemetery
association may issue and sell bonds in anticipation of said tax; such bonds to
bear interest at a rate not exceeding six (6) per cent. per annum. [90 v. 218.]
By a reasonable construction of the two sections (1464, 1465), an election and vote in favor of the tax are
preliminary requisites, indispensable to authorize the trustees to proceed under the statute to purchase a
cemetery, and to direct township orders to be issued in payment thereof: Trustees of Paris Tp. v. Cherry,
8 O. S. 564.
The statutory provision requiring such preliminary vote, is not in contravention of 326, Art. II, of the
Constitution of this state: Ib.
The question of additional ground need not be submitted to vote: Norton v. Trustees, 8 C. C. 335; 10.
D. 464.
SEC. 1466. [Trustees may make and enforce rules.] The trustees may
have such cemetery laid out in lots, avenues, and paths, and number the lots,
and have a suitable plat thereof made, which shall be carefully kept by the
township clerk, and they may make and enforce all needful rules and regula-
tions for the division of such cemeteries into lots, and the allotment of such lots
to families or individuals, and for the care, supervision, and improvement thereof,
and suitable provision shall be made therein for the burial of persons whose
burial is at the expense of the township. [66 v. 37, §29; 54 v. 187, § 1; S. & C. 228.]
692
§ 1466a.
OFFICERS OF CIVIL TOWNSHIPS.
Tit. XI, Ch. 2.
SEC. 1466a. [Directors of township cemetery; how appointed.] That
the trustees may appoint three directors to take charge of any cemetery in said
township, the control of which is vested in said trustees, and the order appoint-
ing said directors shall designate, by name, the cemetery or cemeteries over
which they are to have supervision. The first directors appointed under this act
shall hold their offices: one for one year, one for two years, and one for three
years from the second Monday of May after their appointment, or until their
successors are appointed and qualified; thereafter one director shall be
appointed each year, to serve for three years from the second Monday of May
succeeding his appointment. All such directors, when appointed, shall be
governed in the discharge of their duties by the same laws governing township
trustees in the control of cemeteries in their respective townships, so far as the
same may be applicable. [1881, April 9: 78 v. 125.]
SEC. 1467. [Sale of lots and deeds therefor.] The township trustees
shall upon application sell at a reasonable price such number of lots as the
public wants demand for burial purposes, and purchasers of all lots sold shall
upon complying with the terms of sale be entitled to receive a deed or deeds
for the same which the trustees are required to execute, and which shall be
recorded in a book provided for that purpose by the township clerk, the ex-
pense of recording to be paid by the person receiving said deed. Upon the
application of a head of a family living in said township the trustees shall
make out and deliver to such applicant a deed for a suitable lot for the burial
of his or her family without charge, if in the opinion of said trustees by reason
of the circumstances of said family payment therefor would be oppressive.
[89 v. 271; 70 v. 136, § 2; (S. & C. 228).]
SEC. 1468. [And expend proceeds.] The proceeds arising from the sale
of lots as herein provided for shall be used for the purpose of improving and
embellishing said grounds, and it shall be the duty of the trustees to build
and maintain proper and secure fences around all such cemeteries to be paid
for out of the township funds. [89 v. 271; 54 v. 187, § 3; S. & C. 228.]
For an act as to permanent fund for care of cemetery lots, etc., see (1464-−1).
SEC. 1469. [No levy on lots.] Any lot held by an individual in a
cemetery shall, in no case, be subject to be levied on or sold on execution.
[54 v. 187, §4; S. & C. 228.1
SEC. 1470. [Penalty for corpse nuisance.] If the sexton or other per-
son in charge of a township, or other cemetery suffers the dead to remain in
any vault or other receptacle until the same become offensive, he shall be liable,
on the complaint of any person before a justice of the peace of the township,
to a fine of not over twenty dollars, and an additional penalty of five dollars
for every day, after the fine aforesaid, that the nuisance is continued. [54 v.
187, §5; S. & C. 228.]
(1470-1) [Trustees of townships or cemetery associations may
cause dead bodies to be removed in certain cases.] In all cases in which
either the trustees of any township or the trustees or board of any ceme-
tery association, incorporated or not, in Ohio, or both combined, shall have
heretofore determined or shall hereafter determine to discontinue the use of
any burial ground for such purposes, and there shall be opened for public
use a burial ground in the near vicinity thereof, the said township trustees,
or the said trustees or board of directors of such cemetery association, or
both combined, may order and provide for the removal of all bodies re-
maining or being buried within said burial grounds so to be discontinued,
and for the removal of all stones and monuments marking the graves
thereof, and for the reinterment of said bodies and the re-erection of such
stones and monuments in some suitable and public ground in the near vi-
cinity, and pay for the same out of the township treasury; provided, how-
693
Tit. XI, Ch. 2.
OFFICERS OF CIVIL TOWNSHIPS.
§ (1470-2).
ever, that they shall cause notice first to be given to the family, friends or
kindred of the deceased, if known to such board or boards, of the order for
their removal and of the time within which, not less than thirty days, such
removal must be made, and that it is desired that such removal be made by
the friends or kindred of the dead, and if at the expiration of such time such
removals have not been made, such boards may cause them to be made as
aforesaid. [73 v. 33.]
(1470-2) [May sell burial grounds at public sale; proviso.] Town-
ship trustees and trustees and boards of directors of cemetery associations
are hereby empowered to dispose of at public sale, due notice thereof being
first given in two newspapers of the county, of general circulation, if there
be so many, and make conveyance of any burial grounds under their con-
trol that they may have determined to discontinue as burial grounds; pro-
vided, however, that possession thereof shall not be given to a grantee until
after the dead therein buried, together with stones and monuments, shall
have been removed as herein before provided. [73 v. 33.]
(1470-3) [Disinterment, etc., of body buried in cemetery.] That
the trustees or board of any cemetery association, or other officers having con-
trol and management of a cemetery, shall disinter or issue a permit for disin-
terment, and deliver any body now buried, or that may hereafter be buried
in such cemetery under their control, on application of the next of kin of
the deceased, being of full age and sound mind, to such next of kin, on pay-
ment of the reasonable cost and expense of the disinterment; provided, how-
ever, that no such disinterment shall be made during the months of April,
May, June, July, August and September of any year; and in no event where
the deceased has died of a contagious or infectious disease, and not until a
permit has been issued by the local health department. [91 v. 231.]
Brothers and sisters are the next of kin of minor children deceased; but where these brothers and sis-
ters are themselves minors, the parents are the next of kin and competent to make the application: State ex
rel. v. Shonhoft, 14 C. C. 35; 7 O. D. 716.
(1470-4) [Form of Application.] Such application shall be in writ-
ing; shall state the relation of the applicants to the deceased; that the appli-
cants are the next of kin of the deceased, of full age and sound mind; the
disease of which the deceased died; where the body shall be reinterred; and
shall be subscribed and sworn to before some officer authorized to administer
oaths. [91 v. 231.]
(1470-5) [Writ of Mandamus.] In case said trustees or board or
other officers in charge of said cemetery shall refuse to issue said permit for
disinterment, there shall be issued by the court of common pleas of the
county wherein the cemetery is situated, a writ of mandamus requiring said
trustees or board or other officers to issue said permit. [91 v. 231.]
SEC. 1471. [May be removed, etc.] The trustees shall, when the dead
laid in any vault or other receptacle become offensive, on complaint of any
householder of the township, issue an order forthwith to the sexton or other
person in charge, to have the same immediately interred; and in case the inter-
ment is neglected for three days after the complaint, any justice of the peace of
the township may issue his written order to any householder of the township
to inter the dead at the expense of the trustees, and shall allow a reasonable
charge for the service aforesaid. [54 v. 187, § 6; S. & C. 228.]
See έ 1500a.
For criminal offenses in relation to corpses and cemeteries, see 22 7034 to 7038.
SEC. 1472. [Tax authorized to purchase additional cemetery grounds.]
In any township in which there is a cemetery owned or partly owned, by such
township, if, in the opinion of the trustees of the township, it is desirable to
add to the area of such cemetery by the purchase of additional grounds, and
if suitable lands cannot be procured by contract on reasonable terms, they may
appropriate lands therefor, not exceeding five acres, by proceedings in accord-
ance with the provisions of section fourteen hundred and sixty-four, and subject
694
SS 1473-1473a.
OFFICERS OF CIVIL TOWNSHIPS.
Tit. XI, Ch. 2.
to the restrictions contained in said section, and they shall have authority, for
that purpose to levy a tax not exceeding one-half of one mill, on the taxable
property of the township, for a period not exceeding five years, which shall be
collected as other taxes, and appropriated for the purchase or appropriation of
such additional cemetery grounds which shall become part of said township
emetery, to be governed in all respects as provided by law. [70 v. 136, § 1;
√76 v. 137 (147), § 5.]
See note to 8 C. C. 335; 1 O. D. 464, under ? 1466.
SEC. 1473. [Title to certain burial grounds vested in township trust
ees; penalty for refusal or neglect of trustees.] The title, right of posses
sion and control to and in all public graveyards and burial grounds located
without the corporate limits of any city, or village, which have been set apart
and dedicated as public graveyards or burial grounds, and grounds which have
been used as such by the public, but not expressly dedicated, except such as
may be owned or under the care of any religious or benevolent society, or any
incorporated company or association or under the control of the authorities of
any city, or village, shall, severally be vested in the trustees of the township
where each is located; and such trustees shall provide for the protection and
preservation of such grounds, and prohibit interments in any such grounds
when new grounds have been procured for township cemeteries or burial grounds,
and where such old graveyards or cemeteries are in or near village or town plats,
and the public health is liable to be injured by further interments in old burial
grounds so situated, they are authorized and required to institute suits to
recover possession thereof, and to remove trespassers therefrom, and recover
damages for injuries thereto or any part thereof, or any fence, or hedge inclos-
ing the same, or any tomb or monument therein; and the trustees shall inclose
said burying grounds with a substantial fence or hedge, and keep the same in
good repair, and levy a tax for that purpose, not exceeding one-half of one
mill in any one year, upon all the taxable property of their township; any
township trustee who neglects or refuses to perform the duties required of him
under this section shall be liable to a fine of not less than five dollars nor more
than twenty dollars, to be recovered by action in the name of the trustees, for
each offense; and when collected such fine shall be paid over to the treasurer
of the township, within ten days thereafter, to be applied by the trustees of the
township in repairing said cemetery or burying grounds. [75 v. 581, § 1.
(1473—1) SEC. 1. [Cemetery association authorized to convey bury-
iug grounds to township trustees; acceptance by trustees.] Whenever
any public burying ground is located in any township and not under the con-
trol of any municipal corporation, the title or control of which is vested in
any association or trustees thereof, such association, or the trustees thereof, may
convey the same to the trustees of such township and their successors in office;
and the trustees of such township shall accept the same and take possession
thereof, and take care of and keep the same in repair, and hold, treat and
manage the same in all respects as required by the statute relating to public
burying grounds in and belonging to such township. [93 v. 153.]
SEC. 1473a. [Abandonment etc., of graveyard etc., owned by city
or village, in certain cases.] That where any graveyard, burial ground or
cemetery is located without the corporate limits of any city or village, and
not further away therefrom than one mile, and the title to and the possession
of such graveyard, burial-ground or cemetery is in such city or village, or
the same is under control of any of the authorities of any city or village,
and said city or village has failed to protect the same or keep it inclosed with
lences for two years, any five freeholders whose property is in the vicinity of
such graveyard, burial-ground or cemetery, may apply by petition to the pro-
bate court of the county where such graveyard, burial-ground or cemetery is
located, stating in their petition that such city or village has failed to protect
695
Tit. XI, Ch. 2.
OFFICERS OF CIVIL TOWNSHIPS.
SS 1474-1476.
such graveyard, burial-ground or cemetery, and asking for an abandonment or
removal of such burial-ground, graveyard or cemetery; which upon final hear-
ing, if it appears to the court to be to the public interest to have such grave-
yard, burial-ground or cemetery abandoned and removed, it shall so order. In
which action such city or village shall be made a defendant and shall be
served with summons as in other actions provided. Should such city or vil-
lage fail to remove such graveyard, burial-ground or cemetery for a period of
six months after it has been so ordered by the court, then the court shall order
such premises sold as upon execution; provided, that such sale or other trans-
fer of such land shall not operate to give a purchaser possession of the same
until the bodies therein interred shall have been removed, as provided in sec-
tion 2555 of the Revised Statutes of Ohio. [89 v. 272.]
SEC. 1474. [Public burial grounds on township lines; two or more
townships may unite in establishing a cemetery.] When any public burial
ground is located on or near a township line, and is used by the people of two
or more townships for burying purposes, the trustees of said township shall
jointly take possession of the same, and take care of and keep the same in
repair, as required as to public burial grounds in and belonging to the respect-
ive townships, and the trustees of each township shall levy needful taxes in
that behalf, not exceeding in any year more than one-fourth of one per cent.;
and two or more townships may join in establishing and maintaining a ceme-
tery, and for this purpose the trustees shall have the same powers, be governed
by the same rules, and proceed in the same manner, as provided for municipal
corporations and townships uniting for that purpose. [72 v. 52, § 1; 70 v. 145,
§ 1.]
SEC. 1475. [Soldiers' monuments may be placed in charge of trustees.]
In any township in which the citizens thereof have erected or hereafter may
erect, a monument to commemorate the volunteers thereof, who died in the
service of the United States or of this state during the late civil war, either
upon the public grounds of such township or upon grounds therein donated or
procured by such citizens for that use, and have caused or hereafter may cause
such grounds to be inclosed, the trustees are authorized and empowered to take
charge of such monument, grounds, and inclosure, and keep the same in repair;
and for this purpose the trustees may appropriate, and cause to be expended
under their direction, such sum or sums of money as may be required, from the
township funds of such township, but not exceeding, in any one year,
the sum
of fifty dollars, nor the average sum of twenty-five dollars for each year. [62 v.
47, § 1; S. & S. 911.]
(1475-1) [Providing for the enclosure of abandoned burial grounds.]
The county commissioners of each county shall within six months after the
passage of this act, enclose with a substantial fence of stone, iron, or posts
and boards all abandoned public burial grounds in the several counties, and
from which the remains of the dead have not been removed. The expense
of such enclosure shall be paid out of the general fund of such county, and-
it shall be the duty of the township trustees to keep any such fence built by
the county commissioners as herein provided, in good repair. [87 v. 238;
86 v. 52.]
MISCELLANEOUS.
For "
an act to authorize trustees of townships to open, enlarge, widen, alter, or
deepen, etc., any sink-hole, fissure," etc. (80 v. 206), see ? (4510—18) et seq.
State library commissioners shall give advice and attention to free public library offi-
cers, ? 348.
SEC. 1476. [Question of public library shall be submitted to electors.]
The trustees of a township in which is situated a village, having a population
696
SS 1477-1480.
OFFICERS OF CIVIL TOWNSHIPS.
Tit. XI, Ch. 2.
of not more than one thousand, on the petition of twenty electors thereof, shall
upon four weeks' public notice, published in some newspaper of general circula-
tion in the county, submit to the electors of such township, at some general
election in April or October, the question whether there shall be a public library
established in such township for the use and benefit of the citizens thereof, and
those voting at such election in favor of such library, shall put upon their bal-
lots the words, "Public Library-Yes," and those voting thereat against such
library, the words, "Public Library-No;" and if a majority of the electors
voting at such election vote in favor thereof, the trustees aforesaid have author-
ity, annually, to levy upon all the taxable property of such township, a tax not
exceeding one-tenth of one mill on the dollar valuation thereof, to be applied
to the establishment and maintenance of a library, as aforesaid, and the pro-
curing of a suitable room or rooms for the same. [70 v. 244, § 1.]
Dover township, Cuyahoga county, may make additional levy for support of public
library, see 93 v. 430.
SEC. 1477. [Trustees of library: appointment of.] The trustees shall
appoint three trustees of said library, and confer upon them such authority as
may be necessary to render any library so established of public utility; and
said library shall be conducted and cared for under such rules and regulations
as such library trustees prescribe. [70 v. 244, § 2.]
SEC. 1478. [Transfer of books of school libraries to township library.]
The library trustees have authority, by and with the consent of the local boards
of education, or other school officers having the same in charge, to receive and
place in said library, the books of the school library, subject at all times to the
call of said boards of education or other school officers. [70 v. 244, § 3.]
SEC. 1479. [When more expensive hall may be built or improvement
made.] In any township in which a town hall, or the removal, improvement,
or enlarging of a town hall, costing more than is heretofore provided in this
chapter, is desired, the trustees may submit the question to the electors, and
for this purpose shall cause the clerk to give notice thereof, and of the estimated
cost, by written notices, posted up at not less than three public places within
the township, at least ten days before the spring or fall election, and at such
election the electors in favor of such hall, removal, improvement or enlarge-
ment shall put on their ballots "Town Hall-Yes," and those opposed "Town
Hall-No;" and if a majority of all the ballots cast at the election are in the
affirmative, the trustees shall levy the necessary tax, but not in any year exceed-
ing four mills on the dollar valuation, and such tax shall not be levied under
such vote for more than seven years; and the trustees may, in anticipation of
the collection of taxes, borrow money and issue bonds therefor, bearing interest
not exceeding seven per centum, payable annually, for the whole or any part
of the amount required. [66 v. 339, §2; 75 v. 92, §1.]
Under the provisions of the act of March 14, 1853 (51 v. 489), and the act of April 2, 1866 (63 v. 84), town-
ship trustees, when authorized to provide a town hall for the people of the township, may, in their discretion,
with the money raised for that purpose, purchase and cause to be erected a town hall in the second story of a
building, without purchasing or owning the entire building, or the ground on which it stands: Trustees
of New London Tp. v. Miner, 26 O. S. 452.
SEC. 1480. [Control of hall, and leasing same.] After such affirmative
vote, the trustees may make all needful contracts for the purchase of a site, and
the erection of a town hall, or the improvement or enlargement thereof; and
they shall have control of any town hall belonging to the township, and may,
from time to time, lease so much thereof as may not be needed for township
purposes, either by the year or for shorter periods, and to private persons, or
for lectures or exhibitions, in all cases having the rent paid in advance or fully
secured; and the rents received may be used for the repair or improvement of
the hall so far as needed, and the balance for general township purposes. [70 v.
55, §1; 66 v. 339, §§ 2, 3.]
Clock on township hall to be run by standard time, see ? (4446-4).
Act for trustees to control and rent town hall in Hamilton Co., see 75 v. 119.
697
Tit. XI, Ch. 2.
OFFICERS OF CIVIL TOWNSHIPS.
§§ 1480a-1484.
SEC. 1480a. [Proceedings when site for town hall can not be pro-
cured by contract.] That in all cases where the trustees have been authorized
by an affirmative vote under either of the sections named in the title of this
act, to purchase a site and erect thereon a town-hall, and suitable lands can not
be procured by contract for that purpose on reasonable terms, they may appro-
priate land therefor, not exceeding one acre, by proceedings in accordance with
the law regulating the appropriation of private property by municipal corpora-
tions; but no such appropriation shall be made until the court is satisfied that
such lands can not be obtained by contract on reasonable terms. [1883, April
19: 80 v. 189).]
See note to 1443.
SEC. 1481. [Township trustees may receive donations for township
use.] The trustees may receive on behalf of the township, any donation by
bequest, devise, or deed of gift or otherwise, of any property, real or personal,
for any township use; and when the township has real estate or buildings
which it does not need, the trustees may sell and convey the same when at the
annual township election, after notice, as provided in section fourteen hundred
and seventy nine has been given of the submission of the question, a majority
of the electors voting at such election have voted, "Sale-yes." (63 v. 207, § 1).
[1881, April 16: 78 v. 153; 77 v. 42; Rev. Stat. 1880; 66 v. 339, § 3; (S. & S.
910).]
A devise to the trustees for the exclusive use of the poor of the township, creating a charitable trust, to be
administered by the trustees, is a valid gift: Scott v. Trustees of Marion Tp., 39 O. S. 156.
SEC. 1482. [Powers of township trustees.] The trustees of a town-
ship are authorized and empowered to purchase suitable stone or gravel, when
deemed necessary, for the improvement of the public roads within their town-
ship; and for the purpose of paying the purchase price of the same they are
authorized to levy and assess upon the taxable property of the township, such
a rate of taxation as will raise any sum not exceeding one hundred dollars in
any one year, and the trustees of two or more adjoining townships may jointly
purchase such stone and gravel, or may obtain the same by condemnation, as
provided in section 1483. [87 v. 324; 74 v. 207, § 1.]
This levy is in addition to that under ? 2827: Ward v. Ry., 4 O. D. 154 ; 3 N. P. 274.
See note to same case under ? 2827.
SEC. 1483. [When trustees may condemn material, etc.] When the
trustees are unable to purchase of, or contract with, the owner of any gravel
bank, gravel bed, or other deposit of gravel, or the owner of any stone, timber,
or other material, in the judgment of the trustees necessary for the construc-
tion, or repair of any road, improved road, or highway within the township,
upon fair and equitable terms, or in case the owner refuses to sell or contract
with the trustees, for the sale of such material, upon the trustees agreeing to
allow a just and reasonable compensation thereof, then they are authorized
and empowered to condemn, and such authority to so contract, sell, agree and
condemn shall extend to any or all townships within the county in which
said trustees are elected, or appointed in pursuance of law, or within any
township of any adjoining county, for public use, said material, in such quan-
tities as, in their judgment, the public needs require, allowing the owners
therefor a just and equitable compensation for the same. [88 v. 427; 75 v.
124, § 1.]
Tax for road repairs and improvements in townships in Cuyahoga Co. authorized, see
88 v. 445.
SEC. 1484. [Owner may appeal to probate court, etc.] An appeal
from the amount of the compensation allowed by township trustees for the
payment of any material appropriated, as aforesaid, for public use, shall be
allowed to the probate court of the county, and the court may order a view, as
is provided in cases of appeal from the decisions of the trustees in establishing
township roads, or make any other order that may be just and reasonable; and
the appellant shall enter into bond to the state for the use of the township,
698
SS 1485-1488.
OFFICERS OF CIVIL TOWNSHIPS.
Tit. XI, Ch. 2.
in the sum of one hundred dollars, with one or more good and sufficient sure-
ties, to the acceptance of the township treasurer, within ten days from the
date of the award of said trustees, conditioned for the payment of all costs aris-
ing from such appeal, if the compensation allowed be not increased by the pro-
ceedings had in the probate court; which appeal shall be entered with the
probate court, within five days from the filing of the bond with the township
treasurer; and no order shall isssue for the taking and appropriation of any
inaterial mentioned in the preceding section, until fifteen days after the same
has been condemned, at which time the clerk of the township may issue such
order, by direction of the trustees, unless an appeal has been perfected agree-
ably to the provisions of this section. [75 v. 124, § 2.]
SEC. 1485. [Hearse and vault may be provided if electors vote for
same.] The trustees of any township are authorized to levy a tax in such
amount, as shall be by them determined, to purchase a hearse and build a vault,
or for either of said purposes, for the use of said township to be under the con-
trol of the trustees thereof, or some person appointed by them; but the ques-
tion of levying such tax, for either or both of said purposes, and the amount
asked therefor shall be separately submitted to the qualified electors of the
township at some general election, twenty days' notice thereof having been
previously given by posting, in at least three public places in said township; the
notice shall state specifically the amount to be raised, and for what purpose,
either for purchase of hearse, or erection of vault, and if a majority of all the
votes cast at such election are in favor of either, or both of said propositions,
the same shall be considered adopted, and the tax herein provided for author-
ized. [75 v. 46, § 1.]
2558.
As to the right of council of villages to tax for hearse or vault, see ?? 2556, 2557, and
or "Tax
SEC. 1486. [Election therefor.] The electors voting at said election
shall have placed on their ballots the words, "Tax for Hearse-Yes" or "Tax
for Hearse-No," and upon the same ballot, "Tax for Vault-Yes;"
for Vault-No," and may vote for one proposition and against the other, or for
or against both. [75 v. 46, §2.]
SEC. 1487. [Trustees may issue bonds in anticipation of tax.] When
a tax for erecting a vault under the two preceding sections has been voted in
any township, the trustees thereof may, in anticipation of such tax, issue their
township bonds, in an aggregate amount not exceeding the tax voted, of
denominations of not less than fifty dollars, bearing interest at a rate not
exceeding six per cent., and payable not later than four years from date; such
bonds shall not be sold below par, and the proceeds shall be used solely for the
construction of such vault; and bonds shall be signed by the trustees, counter-
signed by the township clerk, and repaid from the tax voted when collected.
[76 v. 43, §1.]
SEC. 1488. [May appoint harbor masters: their powers and duties.]
In a township containing a harbor or port, or any lake, where vessels are
accustomed to lie for the purpose of receiving or discharging freights which
harbor or port is not situated within the limits of a city or village, the town-
ship trustees may, if they believe that the public interest demands it, appoint
a suitable person to act as harbor master, whose powers and duties shall be
prescribed by the trustees of such township, and be such as are prescribed for
harbor masters in cities and villages so far as the same may be applicable; and
he shall hold his office for one year and until his successor is appointed and
qualified, or until his appointment is annulled by the township trustees, and
shall receive as payment for such services thus rendered, such sum as the
trustees designate, not to exceed one hundred and fifty dollars per year, which
shall be paid out of the treasury of the township on the order of the trustees.
[65 v. 113, §1; S. & S. 488.]
699
Tit. XI, Ch. 2.
OFFICERS OF CIVIL TOWNSHIPS.
§§ 1489-1492.
SEC. 1489. [When bonds may be issued jointly.] When a township
has been divided into two or more parts, subsequent to the original issue of
bonds, in aid or for purposes of public improvement, it shall be competent for
the authorities of the parts so constituted, jointly, to issue new bonds for the
amount becoming due. [60 v. 23, §1; S. & S. 644.]
SEC. 1490. [Annual meeting of trustees of divided township.] The
trustees of said township so constituted out of the division of a township, as
aforesaid, are required to meet together annually, within thirty days after the
first Monday in April in each year, and jointly assess and levy on the property,
real and personal, taxable within the limits of the original township, which
has been divided, the taxes necessary to pay the interest of said bonds, and
also such sum as seems to them expedient for the redemption of the principal
named in such bonds. [60 v. 23, §2; S. & S. 644.]
Park for Youngstown township, Mahoning county (repealing 90 L. L. 343; 88 v. 31),
91 v. 440.
POOR.
SEC. 1491. [Township trustees and corporation officers to afford re-
lief.] The trustees of each township in the state or the proper officers of each
corporation therein, shall afford at the expense of their township or corpora-
tion, public support or relief to all persons therein who may be in condition
requiring same, subject to the conditions, provisions and limitations herein.
[93 v. 270; 73 v. 233, § 11; (S. &. S. 525).]
For "an act for the relief of the poor in certain cases" (79 v. 90), see ? (974-1) et seq.
Township tax for relief of poor, see 2828.
Where a township is obliged to support a woman who has been driven from her home by the cruelty of
her husband, it may recover the money from the husband: Howard v. Whetstone Tp., 10 O. 365. See, also,
Springfield Tp. v. Demott, 13 0.105.
As to residence of insane pauper who is removed by her guardian from one township to another, see
note to Jackson Tp. v. Polk Tp., 19 O. S. 28.
<<
Property was devised to the trustees of Marion township, and their successors perpetually, for the exclu-
as they think
sive benefit of the poor of the township, with authority to the trustees to manage the trust
best for the benefit of said poor:" Held, to be a good devise: Scott v. Trustees of Marion Tp., 39 O. S. 153.
Trustees of township may, in a proper case, afford public relief to persons in a condition requiring the
same, without waiting for the notice provided for in 1494: Township Trustees . Way, 1 C. C. 249.
No liability for voluntary relief beyond what trustees choose to allow if anything: Trustees v. White,
48 O. S. 577.
SEC. 1491a. [Relief of needy blind person.] That in any township in
this state where there may reside a blind person and said person is in need or [of]
partial relief or who may be in need of permanent relief, the township trustees
shall, at their meeting in April of each year, certify to the county commis-
sioners the amount required for the relief of such person, or persons, which
amount shall not exceed one hundred dollars ($100.00) each per annum per
capita. Such certification to county commissioners shall be made of record,
certifying by name the person, or persons, for whom relief is required and the
amount for each of said persons. The county commissioners shall make a levy
upon each of the respective townships to the amount certified by the trustees
thereof, and such amount, when paid into the county treasury, shall be paid
to the respective township treasurer, to be used by him, upon the orders of the
trustees of said township, for the relief or maintenance of the persons so certi-
fied to the county commissioners as needy blind. [93 v. 270.}
SEC. 1492. [Who entitled to relief.] Every person shall be considered
to have obtained a legal settlement in any county in this state. in which he or
she, shall have continuously resided and supported himself or herself for twelve
consecutive months, without relief, under the provisions of law for the relief of
the poor, subject to the following exceptions:
First-An indentured servant or apprentice legally brought into this state,
shall be deemed to have obtained a legal settlement in any township in which
700
§§ 1492a-1494.
OFFICERS OF CIVIL TOWNSHIPS.
Tit. XI, Ch. 2.
such servant or apprentice has served his or her master or mistress for one year
continuously.
Second-The wife or widow of a person whose last legal settlement is or was
in any township in this state, shall be considered to be legally settled in the same
township; but if she has not obtained a legal settlement in this state, then she
shall be deemed to be legally settled in the place where her last legal settlement
vas previous to her marriage. [73 v. 233, §12; (S. & S. 525; S. & C. 922).]
To gain a settlement under the poor law, the domicile must be clear, notorious, and continuous: Hen-
rietta Tp. v. Brownhelm Tp., 9 O. 76.
The fact of residence is not sufficient without the intention of making the township the place of abode;
and when a settlement is obtained, it is not lost by the person residing in another township for a year, if
there is the intention of returning to the former: Henrietta Tp. v. Oxford Tp., 2 O. S. 32.
If one who has a settlement removes to another state with the intention of remaining, and while there
exercises the right of suffrage, and acquires there a settlement entitling him to relief under the poor law of
that state, his residence and settlement in this state is lost, and his return will not revive it; and if, after his
return, he marry a woman having a legal settlement in this state, and abandon her before he re-acquires a
settlement here, she will, if in need of relief, be entitled to receive it from the township where she was last
legally settled prior to such marriage: Trustees of Crane Tp. v. Trustees of Antrim Tp., 12 O. S. 430.
A minor obtains a settlement where his father was legally settled, and can, by no act of his own, while a
minor, obtain a legal settlement elsewhere: Trustees of Jefferson Tp. v. Trustees of Letart Tp., 3 O. 99.
The mother of an infant pauper, settled in one township, does not change the infant's residence by
marrying a second husband settled in another township, and there residing without the infant pauper: Trust-
ees of Bloomfield v. Trustees of Chagrin, 5 O. 316.
The legal settlement of a minor child, member of his father's family, continues to be where his father
was last legally settled, notwithstanding the father removes with his wife and children to a township in
another county, and there abandons them; the abandoned wife, during coverture, is incapable of acquiring
for herself or minor child a new legal settlement; and in case of her divorce, the custody of the child being
given to her, the full time after the divorce must elapse before she will acquire such new settlement; and an
antenuptial agreement of the second husband, to support the minor child of his wife by a former husband,
does not change the legal settlement of the child: Trustees of Spencer Tp. v. Trustees of Pleasant Tp., 17 O. S. 31.
When a new township is established, paupers having residence within its territorial limits are chargeable
pon
it, though before charged upon the entire township from which it is taken in whole or in part: Trustees
of Center Tp. v. Trustees of Wills Tp., 7 O. (2 pt.) 171, overruling Pike Tp. v. Union Tp., 5 O. 528. See, also, Trust-
ees of Williamsburg v. Trustees of Jackson, 11 O. 37.
When, after notice, the overseers of the poor refuse to provide for a pauper, an individual furnishing the
necessary supply may recover the amount in an action against the township: Trustees of Cincinnati Tp. v.
Ogden, 5 0. 23.
Where a woman, whose husband is able to support her, is driven from home and becomes a township or
county charge, the money expended for her support may be recovered of the husband at the suit of the tow
ship making the advances; the same rights accrue to a township furnishing her relief as to an individual:
Howard v. Whetstone Tp., 10 O. 365.
Where money is expended by the trustees of a township, in a county having a poor-house, for the support
as a pauper, of a wire abandoned by her husband, the moneys may be recovered from him in a suit by the
trustees without her removal to the county poor-house: Trustees of Springfield Tp. v. Demott, 13 0. 104.
A lunatic pauper who has been returned as incurable from the lunatic asylum of the state to the jail of
the county, within one of the townships of which she has a legal settlement, must be provided for by the com-
nissioners of such county as long as the township of her settlement remains an integral part of the same
County: Ashland Co. v. Directors of Richland Co. Infirmary, 7 O. S. 65.
When the guardian of a lunatic takes her from her residence in one township to his own residence in
another township, and supports her there from her own estate and effects for several years, she thereby acquire
a settlement in the latter township and loses that in the former: Jackson Tp. v. Polk Tp., 19 O. S. 28.
Cited In re Canady, 4 N. P. 403.
SEC. 1492a. [Defense of township trustees in action for non-support
of pauper; evidence.] It shall be a sufficient defense for the trustees of any
township in this state, in any action brought to compel the support or relief
of any pauper within such township, or in any action based upon the refusal
of such township trustees to afford support or relief to any person within such
township, to show that such person has, during the period necessary to obtain
a legal settlement in such township been supported in whole or in part by
others with the intention to thereby make such person [a] charge upon such
township; and the fact that such person has during the period necessary to
obtain a legal settlement in such township been supported in whole or in part
by others shall be prima facie evidence of such intention. [93 v. 112.]
SEC. 1493. [Settlement of persons.] Any person who has a legal settle
ment in any county in this state shall be considered to have a legal settlement
in any township or corporation therein in which he or she may reside. [93 v.
271; 73 v. 233, § 13; (S. & S. 526).]
SEC. 1494. [How township trustees or corporation officers shall be
notified, etc.] When a person in any township or corporation is in a condi-
tion requiring public relief, or the services of a physician or surgeon, complaint
thereof shall be forthwith made to the township trustees, or other proper officer,
. 701
Tit. XI, Ch. 2.
OFFICERS OF CIVIL TOWNSHIPS.
§§ 1495-1496.
by some person having knowledge of the fact; if medical services are required,
and no physician or surgeon is regularly employed by contract to furnish
medical attendance to the poor of the township or corporation, then the phy-
sician called or attending, shall immediately notify the trustees, or other
proper officer, in writing, that he is attending such person, and thereupon the
township or corporation shall be liable for all relief and for services rendered,
which may thereafter be afforded to such person, only in such amount as the
trustees or proper officers of the corporation determine to be just and reasonable;
but if such notice be not given within three days after such relief is afforded
or services begin, then said township or corporation shall be liable for such re-
lief or services only, as may be rendered after notice has been given, but the
trustees or other proper officer may, at any time order the discontinuance of
such services or relief, and they shall not be liable for any services or relief
thereafter rendered. [93 v. 271; 75 v. 13, § 14; (S..& S. 526).]
Right of township trustees in Wayne county to contract with physicians to care for
poor, 87 v. 109.
If the township trustees reject the claim no action lies on it: Trustees v. White, 48 O. S. 577.
The provision of this section is not exclusive; the trustees may, in a proper case, afford relief without
waiting for the notice: Township Trustees v. Way, 1 C. C. 251.
A physician rendering services to a pauper can only recover against the township, for such services, such
sum as the township trustees deem just and reasonable: Township Trustees v. Houston, 2 C. C. 14.
Notice in writing is a condition precedent to the right to recover: Ib.
SEC. 1495. [Trustees or corporation officers shall visit persons re-
quiring relief.] When complaint is made as aforesaid to the trustees of a
township or to the proper officers of a corporation that any person therein re-
quires public relief or support, one or more of the trustees, or proper officer of
the corporation, or some other duly authorized person shall visit the person
needing relief, forthwith, to ascertain the name, age, sex, color, nativity, length
of residence in the county, previous habits and present condition of such per-
son, and especially in what township and county in this state, if any, he or
she is legally settled, and the information so ascertained shall be transmitted
to the township clerk, or proper officer of the corporation, recorded on the
township or corporation records, and no relief or support shall be given to any
person without such visitation and investigation, except that in cities, where
there is maintained a public organization of associated charities, charity organ-
ization society, or other benevolent association, which makes it a business to
investigate and keep a record of the facts relating to such persons as receive or
apply for relief, the infirmary directors, trustees, or other officers of such city
shall accept such investigation and information and may grant relief upon the
approval and recommendation of the society or organization, aforesaid. [93 v.
271; 73 v. 233, § 15; (S. & S. 526).]
SEC. 1496. [Removal of foreign paupers to their own county; costs;
notice to foreign directors; failure to give notice.] When it has been ascer-
tained by the trustees of a township or the proper officer of a corporation that
such person therein requiring relief has a legal settlement in some other county
of this state, they shall immediately notify the infirmary directors of the
county in which such person is found, and said infirmary directors shall imme-
diately, should the person's health permit, remove said person to the infirm-
ary of the county where his or her legal settlement is, and if said person re-
fuses to be removed it shall be the duty of the probate judge of the county in
which such person is found to issue a warrant for such removal on complaint
being made by one of the infirmary directors and the county wherein the legal
settlement of said person is, shall pay all expenses of such removal and the
necessary charges for relief and expenses of burial in case of death, provided,
702-
SS 1496a-1497.
OFFICERS OF CIVIL TOWNSHIPS.
Tit. XI, Ch. 2
a written notice is given the infirmary directors of said county within twenty
days after such legal settlement has been ascertained, and upon refusal or fail-
ure to pay therefor may be compelled so to do by a civil action by the board
of infirmary directors of the county from whence the removal is made against.
the board of infirmary directors of the county to which such person is removed,
in the court of common pleas of the county to which such person is removed;
but if such notice shall not be given within twenty days after the directors first
named are advised of such person's residence, and within ninety days after the
relief for which charges are made has been afforded such person, then, in that
case, the directors of the infirmary where such person belongs shall not be
liable for any charges or expenditures whatever accruing prior to said notice.
[93 v. 271; 89 v. 133; 83 v. 202, 203; Rev. Stat. 1880; 77 v. 265; 73 v. 233, § 16;
(S. & C. 925; S. & S. 526).]
An action can not be maintained by one township against another for expenses incurred in furnishing
permanent relief to a pauper of the latter, unless an effort has been made to remove the pauper to his own
township, or some excuse be given for not doing so: Trustees of Millcreek v. Trustees of Miami, 10 O. 375;
Trustees of Williamsburg v. Trustees of Jackson, 11 0.37.
An action may be maintained by the directors of a county infirmary against a city of the second class in
another county (where the boundaries of such city are identical with those of the township, and such town-
ship has thereby become merged in the city), for expenses, etc., incurred in furnishing temporary relief to
and removing an insane pauper having a legal settlement in such city; and the action may be brought in
either county: Muskingum Co. Infirmary v. Toledo, 15 O. S. 409.
Under the statutes in relation to the relief of the poor, as they existed prior to the revision of 1865, the
trustees of a township in one county, who had afforded temporary relief to a non-resident pauper, had no right
of action against the board of directors of the infirmary of another county where the pauper had a legal set-
tlement, for the support so furnished; but under the statute they might maintain such action against the
trustees of the township where the pauper had his settlement: Directors of Infirmary of Marion Co. v. Trust-
ees of Westfield Tp., 21 O. S. 373.
When a new county is formed, all persons residing within its limits, and who have obtained a legal set-
tlement, continue, in general, to have such legal settlement in the township of the new county where they
have, before its formation, acquired it. A lunatic pauper who has been returned from the state asylum to the
jail of the county within one of the townships of which she has a legal settlement, must be provided for, by
the commissioners of such county, as long as the township of her settlement remains a part of the county;
but the erection of a new county which includes the township of her settlement, transfers the duty of sup-
porting the pauper from the old to the new county; and an action may be maintained by the directors of a
county infirmary, against the commissioners of another county, for the maintenance of a lunatic pauper
whose settlement is within a township of such other county, after returning the pauper to the commissioners
thereof and requesting them to accept and take care of her; and the rule of recovery is the expense of remov-
ing the pauper to the proper county, and of subsequently providing for her in the infirmary, and compensa-
tion from the time of her admission into it: Commissioners of Ashland Co. v. Richland Co. Infirmary, 7 O. S. 65.
SEC. 1496a. [Removal of indigent persons to their own counties;
costs; notice to foreign directors; refusal or failure; trustees may collect
costs by civil action.] When, in any county in this state in which there is no
county infirmary, it has been ascertained by the trustees of a township that
any person in such township has the legal settlement in some other county of
this state, they shall immediately notify the directors of the infirmary of the
county in which such person has a legal settlement to remove such person to
the infirmary of such county, and the directors of such infirmary shall imme-
diately, should the person's health permit, remove such person to the infirmary
of the county where his or her legal settlement is, and pay all expenses there-
tofore incurred in the township in which such person is found, for his relief;
provided, a written notice be given to the infirmary directors of such county
within twenty days after such legal settlement has been ascertained, and upon
the refusal or failure of such infirmary directors to so remove such person,
then the trustees of the township in which said person is found, may furnish
such person with the necessary relief and collect the amount thereof from the
directors of such infirmary by a civil action, to be begun in the name of the
trustees of such township, in the court of common pleas of the county in
which such infirmary is situated. [93 v. 98.]
SEC. 1497. [Accounts to be kept by trustees and corporation officers;
semi-annual settlements; annual report of clerk to auditor.] The trustees,
or proper officers of a corporation, shall keep accurate accounts of all expenses
incurred for the support of the poor within their resptctive townships or cor-
porations, and make entries in a book of the names of the persons, and the
703
Tit. XI, Ch. 2. OFFICERS OF CIVIL TOWNSHIPS.
$1498.
time when each became chargeable, together with an account of their own
services rendered, which account shall be adjusted and settled semi-annually,
on the first Monday of March and first Monday of September; and the town-
ship clerk or proper officer of a corporation shall record the same in the town-
ship or corporation records, and issue an order on the township treasurer or
treasurer of the corporation for the amount thus paid and services rendered, as
soon as the same has been paid or the services have been rendered; and the
trustees in every township, or the proper officer of a corporation shall issue
orders on the township treasurer or treasurer of the corporation for such de-
mands as accrue under the provisions of this chapter, as soon as such demands
accrue; and immediately after the September settlement the township clerk or
proper officer of a corporation shall make and file with the county auditor a
report of the administration of the poor laws in the township or corporation
for the year preceding that settlement, showing all expenditures in that behalf
as follows: First, the aggregate of physicians' fees paid; second, the aggregate
paid for supplies, food, clothing, etc.; and third, aggregate of per diem and ex-
penses of trustees or proper officers of a corporation in connection with the
poor laws. [93v. 272; 73 v. 233, § 18; (S. & C. 926; S. & S. 527).]
SEC. 1498. [Accounts to be certified, etc.] No account shall ever be
audited or allowed by the trustees of a township or the proper officers of a cor-
poration for the support of the poor, unless the same be accompanied by the
proper voucher, verified by the claimant or his agent, and duly certified by said
trustees or proper officers of a corporation. [93 v. 273; 77 v. 233, § 19; (S. &
8.527).]
SEC. 1499. [Manner of affording relief in counties having no infirm-
ary.] When the trustees of a township in any county having no county
infirmary, are satisfied that any person in such township ought to have public
relief they shall afford such relief at the expense of their township as in their
opinion the necessities of such person require, and when more than tem-
porary relief is required, the trustees shall set up a notice in three public
places in their township, specifying some time and place at which they
will attend for the purpose of receiving proposals for the maintenance of
such person, which notification shall be posted up at least seven days before
the day therein named for receiving said proposals; and said trustees may con-
tract with such person as they think suitable to take charge of and maintain
such person, and who shall do the same on the most reasonable terms; but they
shall not contract for the support of such person for a longer period than one
year at [any] one time; but if the legal settlement of such person is not within
this state, or is unknown, said trustees shall keep an accurate account of all
moneys so expended, and certify the same, with the vouchers therefor, to the
county commissioners, who shall cause the amounts so paid to be refunded to
the township out of the county treasury, on the warrant of the county auditor.
[73 v. 233, §21; (S. & C. 924; S. & S. 528).]
See notes to decisions under 22 1491, 1496; and see ? 979.
(1499-1) [Medical relief of poor in townships or corporations.]
The trustees of any township, or the proper officers of a corporation in any
county in the state of Ohio, may contract with one or more competent physi-
cians to furnish medical relief and medicines necessary for the persons of their
respective townships, or corporations who come under their charge under the
poor laws of Ohio, but no contract shall extend beyond one year; and said
physicians shall report quarterly to the clerk of the township or other proper
officer, on blanks to be furnished him for that purpose, the names of all per-
sons to whom they have furnished medical relief or medicines, the number of
visits made in attending such person, the character of the disease, and such
other information as may be required by said trustees or officers. [93 v. 273;
86 v. 143.]
704
§ (1499-2).
OFFICERS OF CIVIL TOWNSHIPS.
Tit. XI, Ch. 2.
(1499-2) [To whom contract shall be awarded.] These contracts
shall be given to the lowest competent bidder, the trustees or proper officers of
the corporation reserving the right to reject any and all bids, and to annul
such contract at any time for proper cause. [93 v. 273; 86 v. 143.]
(1499-3) [Liability of trustees after contract has been entered
into.] That when the trustees of any such township or the proper officers of
a corporation shall enter into such contract, as herein provided, said township
or corporation shall not be liable for any relief thereafter furnished any person
under the provisions of section 1494, Revised Statutes, so long as such contract
remains in force, provided, however, that the trustees of any township or the
proper officer of a corporation and the infirmary directors of the county in
which said township or corporation is located may, by mutual agreement, con-
tract for medical relief and medicines necessary for the relief of persons coming
under their respective charge. [93 v. 273; 86 v. 143.]
For similar act as to township trustees in Wayne county, see 87 v. 109.
See Chapter 2, Title 8, Part I, relating to county infirmaries.
(1499-4) [Performance of labor by recipient of public relief.]
Whenever public relief is applied for or afforded to the poor by the infirmary
directors of any county or the trustees of any township or officers of a corpo-
ration, and the relief applied for or received is not in any county or city in-
firmary, and the applicant for or recipient of such relief is able to do manual
labor, the infirmary directors or township trustees or proper officers of a cor-
poration are authorized and shall require any male applicant or recipient to
perform labor to the value of the relief afforded, at any time, upon any free
public park, public highway, or other public property or public contract in
such county or township, or corporation, under the direction of the proper
authorities having charge or control of the same. If relief has been afforded
and said recipient refuses to perform the labor provided, the fact shall be made
of record and all relief or support thereafter refused him and he may be pro-
ceeded against as a vagrant. [93 v. 273; 91 v. 25.]
SEC. 1500. [Trustees and commissioners in counties having no in-
firmary, to control pauper's property.] In all counties having no infirmary,
the trustees of any township or the commissioners of the county or proper
officer of any corporation therein shall have and may exercise the same rights,
powers and duties with reference to the property of persons coming under
their charge under the poor laws of the state, as are conferred upon and exer-
cised by infirmary directors in counties having infirmaries. [93 v. 274; 63 &
64, § 1; S. & S. 538.]
SEC. 1500a. [Burial of unclaimed dead; refunder of expenses.]
When information is given to the trustees of any township or proper officer
of a corporation, that the dead body of any person, having a legal settlement
in the county, or whose legal settlement is not in the state or whose settlement
is unknown and not the inmate of a penal, reformatory, benevolent or charit-
able institution, has been found in such township or corporation and such
body is not claimed by any person for private interment at his own expense
or delivered for the purpose of medical or surgical study or dissection in ac-
cordance with law, they shall cause the said body to be buried at the expense
of the township or corporation, but if the township trustees or proper officer
of the corporation notify the infirmary directors then the infirmary directors
shall cause the body to be buried at the expense of the county. [93 v. 274;
87 v. 283; 84 v. 29.]
See ? 1471, and 22 7034 to 7038, inclusive.
705
Tit. XI, Ch. 2.
OFFICERS OF CIVIL TOWNSHIPS. §§ 1501-1505.
CLERK.
Township clerk to receive list of the names of resident indigent soldiers, sailors, or the
indigent wives, widows, or minor children of same (83 v. 232), (3107-53).
To certify to county auditor compensation paid for destruction of brushes, etc., on high-
ways, see 24730.
Member of township board of education, also ex-officio clerk of board, see? 3915.
Duties under act authorizing improvement of highways in townships wherein no other
system of macadamizing or graveling has heretofore been used, see (4686-35), (-36).
Duty under act "for regulating weighing of coal at mine where mined," see ?(4373-1)
et seq.
SEC. 1501. [Bond: its record and filing.] Before entering upon the
discharge of his duties the township clerk shall give bond, with sureties
approved by the trustees, in such sum as they determine, payable to them,
and conditioned for the faithful performance of his duties as clerk; and said
bond shall be recorded by the clerk, and filed with the township treasurer and
carefully preserved. [56 v.78, §1; S. & C. 1574.]
SEC. 1502. [The records he shall keep.] The clerk shall keep an
accurate record of the proceedings of the trustees at all their meetings, includ-
ing their acceptance of the bonds of township officers: he shall also record
all township roads that are established by the trustees: he shall also record the
ear-marks of cattle, sheep, and hogs, used by the owners, and such other marks
and brands as any person may wish to have recorded; but he shall not record
the same mark or brand to two persons. [51 v. 489, §§ 10, 11; S. & C. 1567,
1568.1
In an action by township trustees to recover upon a promissory note, it is no defense that the township
records do not contain the evidence of such purchase or ownership: Scott v. Trustees of Marion Tp., 39 O. S.
153.
SEC. 1503. [What books he is to be provided with.] In addition to
the book for the record of the proceedings of the trustees, the clerk shall be by
the township provided with a book for the record of township roads, a book for
the record of marks and brands, and a book for the record of official oaths and
bonds of township officers. [51 v. 489, §§ 9, 10, 11; S. & C. 1567, 1568.]
SEC. 1504. [Township clerk shall make detailed statement of
receipts and expenditures; liable to a fine upon failure to perform duty.]
He shall, immediately after the township officers have made their annual settle-
ment of accounts, make out and enter in the record in which the proceedings
of the trustees are recorded, a detailed statement of all the receipts and expend-
itures of the township for the preceding year, if any, and also the receipts and
expenditures of the township board of education, stating from what source the
moneys were received, and to whom paid, and for what expended, and a de-
tailed statement of all liabilities, if any, a copy of which statement he shall
post up on the morning of the first Monday of April, annually, at each place
of holding township elections in such township. Any township clerk refusing
or neglecting to make out, enter and publish said detailed statement, shall be
liable to a fine of not more than thirty dollars nor less than twenty-five dol-
lars, recoverable before any justice of the peace of the township, and to be paid
into the school fund of the township. [91 v. 272; 89 v. 82; 88 v. 484; 80 v.
21, 22; Rev. Stat. 1880; 65 v. 9, § 13; (S. & S. 909; S. & C. 1568).]
SEC. 1505. [Clerk's power to administer oaths.] The clerk has power
to administer oaths, and to take and certify affidavits, which pertain to the busi-
ness of his township, or of the board of education of his township, or con-
nected with the official business of either board, including the official oaths of
township and school officers, and oaths required in the execution, verification,
and renewal of chattel mortgages. [51 v. 489, § 10; 72 v. 103, §1; S. & C. 1567.1
46
706
SS 1506-1511.
OFFICERS OF CIVIL TOWNSHIPS.
Tit. XI, Ch. 2.
SEC. 1506. [Bonds of township officers shall be recorded by township
clerk.] All official bonds of justices of the peace, township treasurers, and
constables, hereafter made and accepted shall, so soon as approved by the town-
ship trustees, as provided by law, and before being filed as the law requires, be
recorded by the clerk of the township wherein said officers have been elected
or appointed, in the book to be provided and kept for that purpose. [62 v. 35,
§1; S. & S. 55.]
SEC. 1507. [Such record, evidence.] A copy of such recorded bond,
certified by such clerk, shall be admitted in any court in this state, as evidence,
the same as the original bond. [62 v. 35, § 2; S. & S. 55.]
SEC. 1508. [Fees therefor, etc.] The clerk shall receive as his fee for
recording said bond the sum of fifty cents from the party giving such bond,
and for each copy he shall be entitled to receive, from the party demanding
such copy, fifty cents. [62 v. 35, § 3; S. & S. 55.]
TREASURER.
SEC. 1509. [Treasurer's bond.] Before entering upon the discharge of
his duties, the township treasurer shall give bond, with sureties approved by
the trustees, in such sum as they determine, payable to them, and conditioned
for the faithful discharge of his duties, and the paying over according to law
of all moneys that come into his hands by virtue of his office; and he may
at any time thereafter be required to give additional security on his accepted
bond, or to execute and deliver a new bond, whenever the trustees deem the
same necessary; and if the treasurer shall fail for ten days after service of
notice in writing of such requisition to give additional security or a new bond
as required, the office shall be considered vacant and shall be filled as in other
cases; which bond shall be deposited with the clerk and by him recorded.
[51 v. 489, § 19; 76 v. 57, § 19; S. & C. 1569.]
SEC. 1509—1. [Payment of funds collected for joint township ceme-
tery to managing trustee.] The township treasurer of any township who
shall receive any money as taxes levied and collected under the provisions of
section 1474 shall, on or before the 15th day of February and August in each
year, pay over to the managing trustee of the joint township cemetery board
of directors having charge of any such cemetery, all such funds then in his
hands as such treasurer and accept from the treasurer of such board his receipt
therefor. [89 v. 178.]
For "an act to provide for the relief of indigent soldiers," etc. (83 v. 232), see? (3107-50).
The trustees have no authority to release a township treasurer from his liability for any portion of school
fund belonging to the township: State v. Williams, 13 0.495.
An action to recover money received by a township treasurer, and converted to his own use, as for money
had and received by the defendant for the use of the plaintiff, is barred by the limitation of six years, and
is not governed by the limitation of ten years: Mount, Admr. v. Lakeman, 21 O. S. 643.
The action not being on the official bond of the treasurer, the township clerk was not the proper party
plaintiff, although the trustees of the township ordered him to sue for and collect the money: Ib.
SEC. 1510. [When to notify trustees, etc.] When the treasurer receives
any moneys from the county treasury for road purposes, he shall forthwith give
notice of the receipt and amount thereof to the trustees. [51 v. 489, § 25; S. & C.
1570; (S. & C. 1313).]
SEC. 1511. [Examination of township treasury.] The books, accounts
and vouchers of the treasurer and all moneys remaining in the treasury shall
at all times be subject to the inspection of the trustees, and they shall on the
first Monday of March of each year, and at the expiration of the term of office
of each treasurer, and at such other times as they may deem necessary, make
a thorough examination of his books, accounts, vouchers and of the moneys in
the treasury, or cause the same to be done by some competent person whom
they shall appoint. And at said March meeting, and at the expiration of the
707
Tit. XI, Ch. 2.
OFFICERS OF CIVIL TOWNSHIPS.
§§ 1512-1516.
term of office of each treasurer, if the president and clerk of the board of
education of the township school district fail to attend as provided by section
1458 of the Revised Statutes, as amended March 17, 1893 (Ohio laws, vol. 90,
page 98), on or before the hour of one o'clock in the afternoon, then the
trustees shall proceed to count the money and examine all the books and
vouchers of the treasurer including the school funds of said township district;
and they shall cause to be entered on their record, a statement setting forth
the exact amount in each fund so found in the hands of such treasurer, which
record shall be signed by the trustees, and shall be prima facie evidence that
the amount therein stated was actually in the treasury at that date. [91 v. 11;
58 v. 90, § 1; S. & S. 909.]
SEC. 1512. [How money paid out, etc.] No money belonging to the
township shall be paid out by the treasurer, except upon an order signed per-
sonally by at least two of the township trustees and countersigned personally
by the township clerk; and at the expiration of his term of office, or on his
resignation or removal from office, the treasurer shall deliver to his successor
all moneys, books, papers and other property in his possession as treasurer;
and in case of his death or incapacity his legal representative shall deliver over
the same as aforesaid. [93 v. 301; 66 v. 14, § 23; 55 v. 92, § 22; S. & C. 1602.]
An indictment which charged a township treasurer, in his annual settlement with the township board
of education, with uttering and publishing a forged order, purporting to be drawn on him, was upheld:
Gregory v. State, 11 O. S. 329.
The written acceptance by a township treasurer of an order, drawn on him, imposes no obligation upon
his successor: State ex rel. v. Treasurer, 22 O. S. 144.
Where a county treasurer, who is ex-officio treasurer of a city, of a board of education, and a township,
mingles together the money belonging to these various bodies, and embezzles part of it: Held, that the
moneys so mingled together belonged to the several corporations pro rata, and the county commissioners
could not, by a settlement with the treasurer, appropriate to the county the money left: Commissioners v.
Springfield, 36 O. S. 643.
Where a township treasurer deposits the public funds of the township in bank to the credit of a partner-
ship, of which he is a member, and draws upon the funds to pay partnership debts, he is guilty of embezzle-
ment: Davis v. Gelhaus, 44 O. S. 69.
SEC. 1513. [Where township funds may be deposited.] In any town-
ship in which there is not provided a good fire and burglar proof safe, in which
to keep the funds belonging to said township, the treasurer or person intrusted
with funds of the same, may, by and with the consent of the trustees deposit
the funds belonging to said township in some bank or other safe place, subject
to the order of the treasurer making the deposit. [64 v. 65, § 1; S. & S. 904.]
SEC. 1514. [If money is lost, treasurer held accountable.] The failure
or inability on the part of an individual or corporation, with whom the funds
of a township are deposited, to refund the money deposited, shall not, in any
way or manner release the treasurer from responsibility, but he shall be held
and firmly bound for the money belonging to said township. [64 v. 65, § 2;
S. & S. 904.]
SUPERVISOR OF ROADS.
SEC. 1515. [Bond.] Before entering upon the discharge of his duties,
each supervisor of roads shall give bond, with sureties approved by the trust-
ees, in such sum as they determine, payable to them and conditioned for the
faithful performance of his duties, which bond shall be deposited with the
clerk. [51 v. 489, § 19; 65 v. 14, §2; S. & C. 1569; S. & S. 662.]
CONSTABLE.
SEC. 1516. [Bond.] Before entering upon the discharge of his duties,
each constable shall give bond to the state in any sum not exceeding two thou-
sand dollars, nor less than five hundred dollars, with sureties resident of the
township, the amount of the bond and the sureties therein to be approved by
708
§§ 1517-1522.
OFFICERS OF CIVIL TOWNSHIPS.
Tit. XI, Ch. 2.
the trustees, conditioned for the faithful and diligent discharge of his duties;
which bond shall be deposited with the township clerk. [51 v. 489, §9; 51 v.
179, §§ 183, 184, 185; S. & C. 1567; S. & C. 802.]
>
A citizen elected at the same election to the offices of constable and supervisor, who accepts the latter
office, and refuses to accept the former, is not liable for the statutory penalty for refusing to accept the office
of constable, and a plea in such action, setting up these facts, is sufficient: Hartford Tp. v. Bennett, 10 O. S. 441.
It is not essential that it should appear that there was a formal acceptance of the bond by the trustees:
Barrett v. Reed, 2 O. 409.
A constable, who has been duly elected, taken the oath of office, and given bond, may justify acting as
a constable though the bond is erroneously made payable to the trustees, instead of being made payable to
the treasurer: Ib.
A bond of indemnity to one who has gone security for a constable, covers the liability of the constable
for a default to the obligee of the indemnity bond: Kilborn v. Cooke & Eddey, W. 71.
A bond to indemnify an officer if he will sell on execution property claimed as exempt, is not void as
against public policy: Miller v. Rhoades, 20 O. S. 494.
The fact that a constable's bond was given more than ten days after his election, does not necessarily
render it invalid: Westerhaven v. Clive, 5 O. 136.
Parol testimony may be received to contradict the entry of the township clerk, to the effect that a con-
stable's bond has been accepted: Ib.
A justice of the peace has no jurisdiction of an action on the bond of a constable: Hornbuckle v. State,
37 O, S. 361.
ASSESSOR.
SEC. 1517. [Bond.] Before entering upon the discharge of his duties
the assessor shall give bond, with two or more freehold sureties, approved by
the trustees, in such sum as they determine, but not less than one thousand
dollars, payable to the state, and conditioned for the faithful and impartial dis-
charge of his duties according to law; which bond, with his oath of office
endorsed thereon, shall be deposited with the township clerk and duly recorded
by him as in other cases, and a certified copy thereof shall have the same force
and effect; but in case of appointment of an assessor by the county auditor
the amount of his bond, not less than one thousand dollars, may be fixed, and
the sureties therein approved by the auditor or by the trustees. [1889, March
14: 86 v. 91; Rev. Stat. 1880; 56 v. 156, § 3; (S. & C. 86).]
SEC. 1518. [What vacates the office.] If any person elected assessor
fails to give bond and take the oath of office for one week after his election, the
office shall be considered vacant, and thereupon the county auditor shall fill
the vacancy by appointing an elector of the township to the office of assessor.
[56 v. 156, § 2; S. & C. 85.]
SEC. 1519. [Clerk shall notify auditor of qualification.] The clerk
shall, immediately upon the assessor qualifying, notify the county auditor of
that fact; and if the auditor does not receive such notice on or before the third
Monday of April, he shall regard the office as vacant, and fill the same as afore-
said. [56 v. 156, § 2; S. & C. 85.]
SEC. 1520. [General duties of assessor.] The assessor shall make a
list and valuation of all property in his township or precinct now or hereafter
taxable, and discharge such other duties as may be imposed upon him by law.
[56 v. 156, § 6; S. & Č. 85.]
SEC. 1521. [Assessor required to administer an oath.] The assessor
is authorized and required to actually administer an oath, as required by law,
to every person upon whom he calls to list property for taxation, and to per-
sonally urge and insist upon a strict compliance with law in the making
of said list. Should the assessor neglect to administer said oath, or knowingly
omit the performance of any other duty, he shall be guilty of a misdemeanor,
and for every such offense he shall, upon conviction, be fined not less than ten
nor more than two hundred dollars, and stand committed until the fine and
costs are paid, but shall not be liable for failure to administer such oath if such
person decline to take such oath or is unable from sickness or absence. [1889,
March 28: 86 v. 162; 77 v. 135; Rev. Stat. 1880; 58 v. 42; (S. & S. 19).]
SEC. 1522. [Statistics to be gathered and returned by assessors.]
The assessor shall, annually, at the time of taking the lists of personal property
•
709
Tit. XI, Ch. 2.
OFFICERS OF CIVIL TOWNSHIPS.
§ 1522.
for taxation, require and take for each person, company and corporation in his
township or precinct the statements following, verified by oath, for the pre-
ceding year:
Agriculture.
The number of sheep killed by dogs, and their value, and the number of
sheep injured by dogs, and an estimate of the amount of damages by such
injury; the number of acres put in wheat, rye, barley, corn, oats, and buck-
wheat, and the number of bushels of each produced; the number of acres in
timothy and other grass, except clover, and the number of tons of grass and
bushels of seed produced therefrom; the number of acres in clover, the num-
ber of tons of hay made therefrom, the number of bushels of seed obtained
therefrom, and the number of acres of clover plowed under for manure; the
number of acres planted in tobacco, and the number of pounds obtained there-
from; the number of acres put in flax, and the number of pounds of fiber
gathered, and the number of bushels of seed obtained; the number of acres
planted in sorgo, and the number of gallons of syrup and pounds of sugar
manufactured; the number of pounds of maple sugar, and the number of
gallons of maple syrup manufactured; the number of pounds, each, of butter
and cheese manufactured; the number of acres planted in potatoes, and the
number of bushels produced; the number of acres planted in sweet potatoes,
and the number of bushels produced; the number of acres in vineyard, the
number of acres planted within the year, and the number of pounds of grapes
gathered, and the number of gallons of wine produced; the number of pounds
of wool shorn; the number of acres in orchard, and the number of bushels of
apples, peaches, cherries, plums, and pears produced; the number of acres used
for pasturage, and the number of acres not cultivated or pastured; the number
of hives of bees, and the number of pounds of honey produced; the number
of dozens of eggs shipped to places beyond the state; also the number of acres
sowed, planted or to be sowed or planted in wheat, rye, barley, oats, corn, and
potatoes, for the harvest of the then present year.
Manufactured.
The number of tons of cold-blast pig-iron manufactured from native ore
smelted with charcoal, and the number of tons of hot-blast pig metal manu-
factured from the same material; the number of tons of pig metal made from
native or foreign ore, smelted with stone coal; the number of tons of bar and
nail-rod iron manufactured; the number of tons of nails; the number of tons
of hoop-iron; the number of tons of sheet-iron; the number of tons of stoves
and hollow-ware; the number of tons of all other castings; the number of tons
of spikes and railroad chairs; the number of tons of car wheels; the number
of tons of railroad iron; the number of locomotives built; the number of steam
engines constructed; the number of plantation sugar-mills made; the number
of portable saw-mills made, and the number in use; the number, each, of
reaping and mowing-machines; the number of threshing-machines.
Water Crafts.
The number of steam-boats built upon the Ohio river and its navigable
tributaries, and the number of barges, flat-boats, and store-boats, and the value
of each; the number of steam-boats and of sail-vessels built upon Lake Erie
and its tributaries within the borders of this state, and the value of each; the
number of canal-boats built and used in navigating the canals.
710
§ (1522-1).
OFFICERS OF CIVIL TOWNSHIPS.
Mines and Miners.
Tit. XI, Ch. 2.
1
The number of bushels of stone coal mined; the number of persons engaged
in mining stone coal, and the average rate of wages paid; the number of tons
of iron ore mined; the number of persons engaged in mining iron ores, and
the average rate of wages paid; the number of bushels of salt manufactured;
the number of gallons of petroleum produced; the number of barrels of lime.
inade; the number of barrels of water cement; the number of gallons of stone-
ware made.
Wages.
The number of adult male persons engaged in each of the mechanic arts,
and the average monthly or daily wages of each, as the fact may be; the num-
ber of common laborers, and the average daily wages of each; the number of
common farm laborers, and the average monthly wages of each; the average
monthly wages paid to clerks and salesmen and saleswomen; the average
monthly wages paid to book-keepers.
Investments.
The amount of United States bonds owned; the amount of legal tender
notes or moneys exempt from taxation; and the amount of state bonds or
certificates.
Social.
The number of marriages between persons related to each other by blood,
and the degree of such relationship; the number of persons born with imper-
fect senses or idiotic, and how many of such persons are the offspring of parents
related to each other by blood; the number of houses of prostitution or assig-
nation, and the number of prostitutes. (65 v. 54, § 1; 66 v. 351, § 1; 74 v. 177,
§10.) [1883, March 23: 80 v. 68; Rev. Stat. 1880; (S. & S. 738; S. & C. 87).]
(1522-1) [Corrected lists of ex-soldiers, sailors and marines.] The
assessor in each township, as township assessor in his township, and each city,
or ward, or precinct assessor, as assessor of his city, or ward, or precinct, shall
make and deliver to the county auditor of their respective counties, at the
time of making their annual assessment in the year 1895 a corrected list of all
persons who served in the United States army, navy or marine corps during
the Mexican war and the war of the rebellion, designating the rank, company,
regiment, battery or vessel in which they served, and their present residence,
town and county, which several lists thall be returned with the assessor's books
to the county auditor, who shall, on or before the first day of September, 1895
certify to the adjutant-general a true copy of said lists, alphabetically arranged.
[91 v. 202.]
(1522-2) [Consolidation; further duties of auditor; penalty.] The
adjutant-general, on receipt of said lists from the county auditors, shall proceed
to consolidate said lists alphabetically, and shall keep said list upon file in his
office. The county auditor of each county shall furnish the assessors of his
county such blanks as may be necessary for taking the aforesaid statements,
which said blanks shall be furnished by the auditor of state to the county
auditor. Any county auditor, township assessor, city or ward assessor who
shall fail or refuse to perform any of the duties required of him by this act,
shall be deemed guilty of a misdemeanor, and upon conviction shall be fined
in a sum not less than five dollars nor more than one hundred dollars for each
and every offense. [91 v. 202.]
SEC. 1523. [Return of statistics; agricultural statistics.] The assess-
or shall make return of all the preceding statistics to the county auditor, at
the same time he returns the lists of personal property for taxation; and the
county auditor shall make return to the auditor of state on or before the first
day of August, annually, of all statistics returned to his office, except those
711
Tit. XI, Ch. 2.
OFFICERS OF CIVIL TOWNSHIPS.
§§ 1524-1527.
statistics under the head of "agriculture" (sec. 1522, R. S.), which he shall re-
turn to the secretary of the state board of agriculture, on or before the tenth
day of July, annually, and said secretary of agriculture shall compile and pub-
lish the same in the monthly crop and stock bulletins and annual report issued
by the state department of agriculture. [93 v. 14; 68 v. 95, § 2.]
SEC. 1524. [Penalty for not making out and returning statistics.] If
an assessor neglects or refuses to make out and return statistics, as herein
required, he shall forfeit and pay to the state any sum not more than one
hundred dollars nor less than twenty dollars, to be recovered by action, which
shall be brought by the prosecuting attorney on the request of the auditor of
state; and the amount recovered, less the prosecuting attorney's fee of ten per
centum, shall be paid into the state treasury to the credit of the school fund.
[68 v. 95, §2.]
SEC. 1525. [Penalty on persons for refusing to make statements.]
Any person, company, or corporation, refusing to make out and deliver a state-
ment of the facts, or any of them, herein required, shall forfeit and pay to the
state any sum not more than one hundred dollars nor less than fifty dollars, to
be recovered and paid as in the next preceding section provided as to penalty
on an assessor. [66 v. 351, §2.]
SEC. 1526. [Quadrennial enumeration of deaf and dumb, blind, in-
sane, and idiotic persons, and epileptic and epileptic insane.] Each
assessor, at the time of taking a list of property for taxation in the year one
thousand eight hundred and eighty-two, and every fourth year thereafter, shall
take an enumeration of all deaf and dumb, blind, epileptic and epileptic insane,
insane and idiotic persons, whose usual place of residence is in any family,
jail or infirmary in his township or precinct, on the day preceding the second
Monday of April, together with their names in full, their age, sex, race, resi-
dence, whether in charge of parents or guardian, and, where known, the cause
and duration of their muteness, blindness, epilepsy, insanity or idiocy; and
he shall make out a list of said deaf and dumb, blind, epileptic and epileptic
insane, insane and idiotic persons, designating those of each class, and the
names of their parents or guardians, and post-office address, and he shall
return the same to the county auditor, on or before the third Monday of May
in the same year. [91 v. 97; 63 v. 64, § 1; S. & S. 21.]
SEC. 1526a. [Abstract of returns of epileptics and epileptic insane.]
The auditor of each county shall make and transmit to the manager of the
Ohio hospital for epileptics, on or before the third Saturday in August, in the
year one thousand eight hundred and ninety-four, and every fourth year there-
after, on blanks to be furnished by said manager, a duly certified abstract of
the enumeration returns of epileptics and epileptic insane, made to him by the
assessors under the provisions of section 1526, and at the same time shall make
out and furnish the probate judge of his couuty a like certified abstract of
epileptics and epileptic insane in the county, as returned by the assessors.
For making and transmitting such abstract, the auditor shall receive eight
cents per hundred words, to be paid out of the county treasury on the allow-
ance of the county commissioners. [91 v. 97.]
SEC. 1527. [Enumeration of male inhabitants over twenty-one years,
once every four years.] Each assessor, at the time of taking a list of property for
taxation in the year one thousand eight hundred and eighty-three, and every
fourth year thereafter, shall take an enumeration of all the male inhabitants
above the age of twenty-one years, residing in his township or precinct, on the
day preceding the second Monday of April in the same year, designating such
of them as are of African descent by the word "Colored;" and he shall make
out a list of the persons so enumerated in alphabetical order, and return the
same to the clerk of the court of common pleas, at the time of making return
of lists of property for taxation to the county auditor; and on failure of any
712
§§ 1528-1531.
OFFICERS OF CIVIL TOWNSHIPS.
Tit. XI, Ch. 2
assessor to make or return such enumeration, as herein required, he shall forfeit
and pay to the state any sum not more than fifty nor less than five dollars, to b
recovered by action. [60 v. 65, §§ 1, 3; (S. & S. 22; S. & C. 86; S. & C. 231).]
SEC. 1528. [Auditors shall furnish all blanks.] The county auditor
shall furnish to all assessors all blanks needed by them for the listing of prop-
erty, gathering and returning statistics, and other official duties, which shall be
paid for out of the county treasury. [58 v. 40, § 2; S. & S. 21; (S. & C. 87).]
GENERAL.
SEC. 1529. [Township officers to deliver to successors all records,
etc.] The township trustees are authorized to purchase for their use one copy
of the Revised Statutes, or one copy of some standard work containing all the
sections of the Revised Statutes of Ohio, applicable to township officers [af-
fairs,] with form[s] and citations for the guidance of township officers, to be
paid for out of any unappropriated funds in the township treasury; and said
trustees are authorized and required, when there are sufficient unappropriated
funds in the township treasury to pay for the same, [to] purchase for the use
of each justice of the peace within their township (who is not already sup-
plied) one copy of such Revised Statutes, to be paid for out of such unappro-
priated funds. Copies so purchased shall be the property of the township, and
shall be so marked. All township officers shall deliver over to their successors
in office all books, records, documents, laws, obligations, papers, blanks, and
all other articles and property belonging to their respective offices, or deposited
with them in their official capacity, and any person who has been a township
officer who refuses to deliver over the same, or any part thereof, shall forfeit
any sum not more than fifty nor less than five dollars, to be recovered by
action for the use of the township. [88 v. 42; 86 v. 210; Rev. Stat. 1880; 66
v. 14, §23.]
FEES.
SEC. 1530. [Compensation of trustees; statement; exception.] Each
trustee shall be entitled to one dollar and fifty cents for each day's service in
the discharge of his duties in relation to partition fences, to be paid in equal
proportions by the parties, and one dollar and fifty cents for each day's service
in the business of the township, to be paid out of the township treasury; but
in no year shall the compensation of any trustee exceed one hundred and fifty
dollars to be paid out of the treasury, including services in connection with
the poor; and each trustee shall present an itemized statement of his account
for per diem and service as aforesaid, and the same shall be filed with the clerk
of the township, and by him preserved for inspection by any person inter-
ested; provided, that in any township in the state having a population in the
last federal census in 1890, and which at any subsequent federal census may
have a population of thirty-five thousand and sixty-six, and not having a city
infirmary therein, the compensation of any trustee of such township at one
dollar and fifty conts for each day's service shall not exceed four hundred and
fifty dollars in any one year, to be paid out of the treasury, including services
in connection with the poor. [89 v. 286; 87 v. 236; 86 v. 119; 84 v. 35; Rev.
Stat. 1880; 42 v. 4, § 2; 70 v. 246, § 3; 75 v. 48, § 22; (S. & C. 1577).]
Salary of township clerks in Youngstown (amending 86 v. 350), 90 L. L. 339.
SEC. 1531. [Fees of township clerk.] The clerk shall be entitled to the
following fees, to be paid by the parties requiring the service: twenty-five cents
for recording each mark or brand; ten cents for every hundred words of record
required in the establishment of township roads, to be opened and repaired by
the parties; and ten cents for each hundred words of records or copies in matters
relating to partition fences, but not less than twenty-five cents for any one
copy, to be paid out of the township treasury; ten cents for every hundred
words of record required in the establishment of township roads, to be opened
and kept in repair by the supervisors; and for keeping the record of the pro-
713
Tit. XI, Ch. 2.
OFFICERS OF CIVIL TOWNSHIPS.
§§ 1532-1535.
ceedings of the trustees, stating and making copies of accounts and settlements,
attending suits for and against the township, and for any other township
business the trustees require him to perform, such reasonable compensation as
they may allow; but in no one year shall he be entitled to receive out of the
township treasury more than one hundred and fifty dollars; provided, that in
any county of the state containing a city of the first grade of the first class, the
township trustees of any township in such county may allow the township
clerk a compensation not exceeding six hundred dollars. [1888, March 30:
85 v. 131, 132; 78 v. 150; Rev. Stat. 1880; 51 v. 489, § 12; 70 v. 246, § 3; 65 v. 9,
§ 13; (S. & C. 1568; S. & S. 909).]
SEC. 1532. [Fees of township treasurer; exception.] The treasurer,
except as hereinafter provided, shall be allowed and may retain as his fees for
receiving, safe keeping and paying out moneys belonging to the township
treasury, two per centum of all moneys paid out by him upon the order of the
township trustees. Provided, however, that for all moneys coming into the
hands of any township treasurer under the provisions of an act of the general
assembly passed March 2, 1892 (O. L., vol. 89, p. 53), or under the provisions
of an act of the general assembly passed April 18, 1892 (O. L., vol. 89, p. 409),
the treasurer for his services aforesaid shall be allowed and may retain one-
half of one per centum. [90 v. 77; 82 v. 6; Rev. Stat. 1880; 66 v. 14, § 23.]
SEC. 1533. [Supervisor's fees.] Each supervisor shall receive for his
services compensation at a rate not exceeding one dollar and fifty cents per day
for the time he is actually employed on the roads; but no supervisor shall be
allowed in any one year a sum exceeding twelve dollars in addition to the
commutation for his two days' labor on the roads, when the number of persons
in his district liable to do work on the public highway does not exceed
twenty-five; not more than sixteen dollars when the number so liable is more
than twenty-five and less than thirty-five; not more than twenty-five dollars
when the number so liable is not less than thirty-five nor more than fifty; and
not more than thirty-five dollars when the number so liable exceeds fifty; but
a supervisor that is required by any law of the state to repair a turnpike road,
or any part thereof, shall be allowed not exceeding eight per cent. for the
amount of the labor performed under his direction as supervisor, repairing
such turnpike or working out the road tax in his district, but in no case shall
he receive more than one dollar and fifty cents per day. [75 v. 83, §28; 76 v.
39, §28; (S. & C. 1314).]
For "an act to create township supervisors in certain counties, and to require the letting
of certain portions of road work by contract" (86 v. 324), see ? (4757—1) et seq.
SEC. 1534. [Constable's fees.] The constable who advertises the time
of holding elections and notifies the township officers of their election, shall be
allowed a reasonable compensation therefor, to be fixed by the trustees and paid
out of the township treasury. [75 v. 48, §22.]
SEC. 1535. [Assessor's fees.] Each assessor shall be paid out of the
county treasury, two dollars per day for the time during which he is necessarily
engaged in the performance of his duties; and he shall make out an account in
detail, giving the date of each day on which he was thus engaged, and verify
the same by oath, which the county auditor is authorized to administer; and
if the auditor is satisfied that such account is correct, he shall draw his warrant
on the county treasurer for the amount thereof; but in no case shall such war-
rant be drawn until the assessor has filed with the auditor his list of assess-
ments, accurately made out, and the statements returned to him, and the books
on which the original assessments were made; nor until the assessor has filed
with the auditor the statistics and enumeration required of him by law, and
the auditor is satisfied that the same are as full and accurate as could be made.
[75 v. 100, §7; (S. & S. 19; S. & C. 86).]
714
Tit. XII.
CONTENTS OF DIVISIONS.
Divs. 1-5.
TITLE XII. Municipal Corporations.
For early Municipal Code, see (S. & C. 1493-1564).
GENERAL PROVISIONS.
DIVISION 1: GENERAL
HEREIN OF THE ENLARGED
ENLARGED MEANING OF CERTAIN WORDS, PUBLICATION OF
NOTICES REQUIRED IN THE TITLE, GENERAL APPLICATION OF TITLE, RIGHT
OF VISITATION, AND SAVING EXISTING RIGHTS. SPECIAL GOVERNMENTAL ACTS.
DIVISION 2:
ORGANIZATION.
HEREIN OF CLASSIFICATION, FORMATION OF MUNICIPAL CORPORATIONS, ANNEX-
ATION, MERGER OF TOWNSHIP, THE WARDS, ADVANCEMENT OR REDUCTION IN
RANK, AND THE DUTIES OF STATE OFFICERS.
DIVISION 3: LEGISLATIVE DEPARTMENT.
HEREIN OF TRUSTEES, COUNCILS AND BOARDS OF ALDERMEN, AND THEIR GEN-
ERAL POWERS, WITH THE MODE OF PASSING RESOLUTIONS, ORDINANCES, AND
BY-LAWS.
1
DIVISION 4: EXECUTIVE OFFICERS.
HEREIN OF OFFICERS OF MUNICIPAL CORPORATIONS, THEIR ELECTION, QUALIFI-
CATION, OATH, BOND, AND FILLING VACANCIES; EXCEPT THE ELECTION OF
TRUSTEES OF HAMLETS, MEMBERS OF BOARDS OF COUNCILMEN AND ALDER-
MEN, AND THE ELECTION AND APPOINTMENT OF OFFICERS OF THE POLICE
DEPARTMENT AND OF MUNICIPAL BOARDS, WHICH ARE PROVIDED FOR IN
OTHER DIVISIONS OF THIS TITLE.
DIVISION 5: POLICE DEPARTMENT.
HEREIN OF THE POLICE COURT, MAYOR'S COURT, POWERS OF PRESIDENT OF THE
BOARD OF TRUSTEES AND JUSTICES OF THE PEACE IN HAMLETS, LIMITATION AS
TO PUNISHMENT, POLICE COMMISSIONERS AND POLICE OFFICERS, STATION-HOUSES,
CORPORATION PRISON, HOUSE OF REFUGE, WORK-HOUSE, AND VAGRANTS.
715
Tit. XII.
CONTENTS OF DIVISIONS.
Divs. 6-9.
DIVISION 6: HEALTH DEPARTMENT.
HEREIN OF BOARDS OF HEALTH AND POLICE COMMISSIONERS ACTING AS SUCH
BOARDS, HOSPITALS, INFIRMARIES, AND NUISANCES.
DIVISION 7: IMPROVEMEnts.
HEREIN OF BOARD OF IMPROVEMENTS AND BOARD OF CITY COMMISSIONERS, APPRO-
PRIATION OF PROPERTY, AND ASSESSMENT FOR STREETS, SEWERS, ETC.
DIVISION 8: PROPERTY OF THE CORPORATION, DEDICATION,
RIGHTS OF THE PUBLIC AND PROPERTY OWNERS, AND AGEN-
CIES OF CONVENIENCE AND NECESSITY.
HEREIN OF THE WATER-WORKS, FIRE DEPARTMENT, GAS COMPANIES AND LIGHT,
RAILWAYS, PARKS, CEMETERIES, HALLS AND PLACES OF PUBLIC ASSEMBLAGES,
MARKETS AND INSPECTION, PLATS AND PLATTING, STREETS, WHARVES AND
DOCKS, THE LICENSE OF SHOWS, AUCTIONS, PAWN-BROKERS, AND FERRIES,
SALE OR LEASE OF CORPORATE PROPERTY, AND OF EXCAVATIONS AND INJURIES
THEREFROM.
THE
DIVISION 9: FINANCE AND TAXATION.
HEREIN OF THE LIMITATIONS ON TAXATION, POWER TO BORROW MONEY AND ISSUE
BONDS, AND OF THE SINKING FUNd.
།
+
§ 1536.
716
GENERAL PROVISIONS, ETC. Tit. XII, Div. 1, Ch. 1.
FIRST DIVISION.
CHAPTER 1. GENERAL PROVISIONS,
CHAPTER 2. SPECIAL GOVERNMENTAL ACTS.
SECTION
CHAPTER 1.
GENERAL PROVISIONS; SAVING EXISTING RIGHTS; VISITATION, ETC.
1536. Meaning of certain words.
1537. As to publication of notices.
1537-1. German advertising in Columbus.
1538. General application of title; territorial limits
unchanged.
1539. Saving of actions, rights, and remedies.
SECTION
1540. Saving of rights with respect to justices and
constables.
1541. Saving as to power of appointment.
1542. Terms of office of incumbents not affected.
1543. Ordinances, etc., to remain in force.
1544. Right of visitation.
1545. Fiscal year.
SEC. 1536. [Enlarged meaning of certain words.] In the interpreta-
tion of this title, unless the context shows that another sense was intended,
the word "village" shall mean incorporated village; "person" includes a
private corporation; "writing" includes printing; "oath" includes an affirma-
tion; "insane" and "lunatic" include every species of mental derangement;
council," in cities which have a board of aldermen, includes common council;
"property" includes real, personal, and mixed estates and interests; and
land" and "real estate" include rights and easements of an incorporeal
nature; but this enumeration shall not be construed to require a strict con-
struction of any other words in this title.
"
แ
In State v. Cincinnati Fer. Co., 24 O. S. 611, "person" was held not to include a corporation. The hold-
ing was the other way in Norris v. State, 25 Ó. S. 217; and to the same effect are Allen v. State, 10 O. S. 287;
Carder v. Fayette Co., 16 O. S. 353; Burke v. State, Hamilton v. State, 34 O. S. 79, 82. As to the clause that
"land" includes an easement, etc., see Dodson v. Cincinnati, 34 O. S. 276. In the absence of such enactment
as the section to which this note is appended, the question as to matters embraced by general words is simply
one of construction. See further, as to the flexibility of statutes, Miller v. State, 3 O. S. 475; 34 O. S. 286.
Land has a still broader signification than here under 2 2730: Valley Ry. v. Pouchot, 4 C. C. 187, 192.
SEC. 1537. [As to publication of notices.] Where in this title a notice
is directed to be published in a newspaper, and no such paper is published at
the place mentioned, or if such newspaper is published at the place, but the
publisher refuses, on tender of his usual charge for a similar notice, to insert
the same in his newspaper, then a publication in any newspaper of general
circulation at such place, shall be sufficient; but nothing herein contained
shall be construed to dispense with posters where they are provided for.
SEC. (1537-1) [German advertising in Columbus.] Where, in cities
of the first grade of the second class there is printed and published a news-
paper or newspapers in the German language, of general circulation therein,
the board of public works of such cities shall in addition to advertising in
two newspapers of opposite politics as already provided, publish any ordi-
nance, resolution or notice required by law to be published, in at least one
newspaper printed in the German language, and may make yearly contracts
with any such newspapers for such municipal advertising. [April 23, 1891
(88 v. 332).]
717
Tit. XII, Div. 1, Ch. 1. GENERAL PROVISIONS, ETC.
S$ 1538-1542.
SEC. 1538. [General application of title; territorial limits unchanged.]
Existing municipal corporations, and those hereafter created, shall be governed
by the provisions of this title; and the territorial limits of such existing cor-
porations, and the wards thereof, shall remain as they are, until changed in the
manner herein provided. [66 v. 149, §1.]
The legislature may change, modify, enlarge, or restrict the charter of a municipal corporation. In this
respect, there is a well-settled distinction between private corporations, under the Constitution of 1802, and
public corporations: Marietta v. Fearing, 4 O. 427.
But under the present Constitution the general assembly can not, by special act, either create a corpora-
tion or confer additional powers on a corporation already existing; and in this respect there is no distinction
between private and municipal corporations: State v. Cincinnati, 20 O. S. 18; State v. Cincinnati, 23 O. S. 445;
State v. Mitchell, 31 O. S. 592.
The general act of May 3, 1852, did not annihilate and recreate the pre-existing municipal corporations of
the state, but reorganized and continued them, leaving their corporate identity unaffected: Fosdick v. Perrys-
burg, 14 O. 8. 472.
SEC. 1539. [Saving of actions, rights, and remedies.] All rights and
property which were vested in any municipal corporation under its former
organization, shall be deemed vested in the same municipal corporation under
the organization made by this title; and no rights or liabilities, either in favor
of or against such corporation, existing at the time of the taking effect of this
title, and no suit, prosecution, or proceeding shall be in any manner affected
by such change, but the same shall stand or proceed as if no such change
had been made: provided, that where a different remedy is given in this title,
which can be made applicable to any rights existing at the time of its passage,
it shall be deemed cumulative to the remedies before provided, and may be
used accordingly. [66 v. 272, § 725.]
After the contract is made and the work commenced, the right to make an assessment to defray the
expenses, where a provision like that contained in this section is in force, will not be affected by a repeal of the
act: Corry v. Gaynor, 22 O. S. 584; Hubbard v. Norton, 28 O. S. 116. Independently of such provision, a
change in the law could not affect his contract, that being protected by Const. U. S., Art. I, ¿ 10: Goodale v.
Fennell, 27 O. S. 426.
The various steps taken to levy an assessment for street purposes constitute a proceeding; and, althongh
the statutes under which they were taken were repealed by the Revised Municipal Code of 1878, they remained
valid as the basis of assessment, and council could re-assess, pursuant to the Code of 1869, 88551, 552 (38 2290,
2291 Revised Statutes): Raymond v. Cleveland, 42 O. S. 522.
SEC. 1540. [Saving of rights with respect to justice and constables.]
Any municipal corporation which, under its former organization, held or exer-
cised any power or duty, in ordering or directing the election of justices of the
peace, constables, or other township officers, shall continue to hold and exercise
such power and duty until otherwise provided by law. [66 v. 272, § 726.]
SEC. 1541. [Saving as to powers of appointment.] Any municipal
corporation, in which is vested any power of appointing officers of supervision
or control of any literary, charitable, or benevolent institution, shall continue
to hold and possess the like power and authority in every respect. [66 v. 273,
§ 727.]
SEC. 1542. [Passage of this title not to affect terms of office of
incumbents.] All officers elected by the people, or appointed, in any munic-
ipal corporation, and all officers of benevolent and other institutions, now in
office, except as may be otherwise expressly provided in this title, or as may
be otherwise provided by law, shall remain in their respective offices, and per
form the several duties thereof, under the provisions of this title, until the time'.
shall expire for which they were elected or appointed, and until their successors
are chosen or appointed, and qualified; but all such officers shall be subject to
such rules and regulations touching their duties and compensation, as the
proper authority of any municipal corporation may provide. [66 v. 263 (273),
§ 728.]
See ? 1539.
A street commissioner was elected at a special election in July, 1869, and at the annual election in April,
1870, another person was elected, who entered upon the duties of the office: Held, that the term of the officer
elected in 1869 had expired: State v. Cook, 20 O. S. 252.
Holding over until successor is appointed. is part of term, and not filling a vacancy: State ex rel. v. Howe,
25 O. S. 588.
718
§§ 1543-1545.
GENERAL PROVISIONS, ETC. Tit. XII, Div. 1,
Ch. 1.
An officer legally appointed and qualified, continuing to act as such officer after the expiration of his
term, in good faith, reasonably believing it to be his duty to discharge the duties of the office until his suc
cessor is qualified, is not to be regarded as criminally usurping the office within the meaning of 2 6913: Kreid
ler v. State, 24 O. S. 22.
A police commissioner, removed from office by the governor for official misconduct, as provided in a 1872
of the Revised Statutes, as amended April 3, 1885, does not hold over until his successor is elected and quali
fied: State ex rel. v. Hawkins, 44 O. 8. 98.
SEC. 1543. [Ordinances, etc., to remain in force.] All by-laws, ordi-
nances, and resolutions heretofore lawfully passed and adopted by the trustees
or council, and not inconsistent with this title, shall remain in force, until
altered or repealed by the trustees or councils established by this title. [66 v.
273, § 729.]
There can be no justification based on an ordinance on the ground that the statute in force when the
act in question was done authorized such an ordinance; it must appear that the act in force when the ordi-
nance was adopted contained authority to pass it; and the rule is not affected by a provision like that con-
tained in this section: Cotter v. Doty, 5 O. 393-398.
A salary fixed by ordinance under a statute subsequently repealed by the Municipal Code, was not
affected by such repeal if the amount fixed did not exceed the maximum provided in such Code: Moore v.
Cincinnati, 26 O. S. 582.
The temporary continuance given to those provisions of certain special acts relating to police regula-
tions or local affairs of particular corporations, by 2109 of the act of 1852 to provide for the organization of
cities, etc., did not operate to continue in force a provision in the charter of a city which was inconsistent
with the Constitution of the state: Zanesville v. Aûditor, 5 O. S. 590.
An ordinance of a town (afterward organized as an incorporated village by the act of May 3, 1852), pre-
scribing the mode of assessing charges for street improvements, continues in force as a valid ordinance of the
village (by virtue of 109 of the act of 1852, which was similar to the present 21543, Revised Statutes), if the
mode prescribed is consistent with the powers given to the village, on that subject, by the act named: Neff v.
Bates, 25 O. S. 169; Hubbard v. Norton, 28 O. S. 116.
SEC. 1544. [Right of visitation.] The general assembly of Ohio by a
committee, the governor of the state, the council of the corporation by a com-
mittee, the mayor or police judge of the corporation, the board of health of
the corporation, the judge of any court of this state, and the grand jury of the
county, may, at any time, visit and inspect any of the benevolent or correc-
tional institutions established by any municipal corporation, and examine the
books and accounts of the same. [66 v. 272, § 724.]
SEC. 1545. [Fiscal year.] In cities of the first class, the fiscal year of
each office, department, board of trustees, directors, or commissioners, shall
terminate on the thirty-first day of December, in each year, and all accounts
shall be closed on that day, and all annual reports required by law shall be
made for the year terminating on that day. [69 v. 20, 1.]
Where the act applies only to a city which had a certain population at the last federal census, it is
unconstitutional: State ex rel. v. Anderson, 44 O. S. 248.
719
Tit. XII.
SPECIAL GOVERNM'L ACTS.
Div. 1, Ch. 2.
SECTION
CHAPTER 2.
SPECIAL GOVERNMENTAL ACTS.
Į. SECTION
1545-1.
1545-2.
1545-3.
1545-4.
1545-5.
1545-6.
1545-7.
1545-8.
1545-9.
Council.
CLEVELAND.
LEGISLATIVE.
Election districts.
One week to elapse after introduction be-
fore certain measure can be passed;
mayor's veto; passage over veto.
Ordinances, etc., must be published.
Council to establish police force: what it
shall be made up of.
Fire force; established by council: what
it shall consist of.
Council to provide for sanitary force.
Miscellaneous officers.
Organization.
1545-10. Water rents fixed by council.
1545-11.
Attendance of witnesses.
EXECUTIVE.
1545-12. Executive power; in whom vested.
1545-13. Officers to be elected by popular vote.
1545-14. Certain departments created.
1545-15.
Salaries.
1545-16. Mayor and directors to devote their time
to their duties.
1545-17. Compensation to be by salary.
1545-18. Officer shall not receive any fee gift, etc.
1545-19. Qualifications.
1545-20. Attendance of officers at municipal con-
ventious prohibited.
1545-57. Scrutiny of claims.
1545-58. No money to be drawn except on appro-
priation.
1545-59. Liability for illegal warrant.
Auditing accounts of ex-officers.
Annual financial statement.
1545-60.
1545-61.
1545-62.
Other duties of auditor.
DÉPARTMENT OF LAW.
1545-63. Director of law.
1545-64. Assistants to be attorneys.
1545-65. Duties of director.
DEPARTMENT OF CHARITIES AND CORRECTION.
1545-66. Director of charities and correction.
1545-67. Duties and powers.
1545-68. Powers of certain officers vested in.
BOARD OF CONTROL.
1545-69. Board of control; appointment; duties.
1545-70. Meetings, vote and record.
OTHER OFFICERS AND BOARDS.
1545-71. Other officers.
1545-72. Other boards.
CONTRACTS.
1545-73.
1545-74.
Streets to be cleaned by contract.
No contract to be binding unless appro-
priation has been made.
1545-75. Contracts above certain limits to be in
writing; by whom approved.
1545-21. Compensation of councilmen.
1545-22. Employes of city, and councilmen shall
not act as agents in certain cases.
1545-76.
1545-77.
1545-23. Appointment of officers, etc.
1545-24. Removal, etc., of officers; hearing.
1545-25. Rules and regulations; by whom made.
1545-26. Information to be furnished to mayor.
1545-27. Mayor and directors to have seats in coun-
cil, etc.
1545-78.
1545-79.
Proposals to be advertised for in certain
cases.
How certain contracts shall be made; ad-
vertising for bids; filing of bids; open-
ing of bids; form of bids; separation
of items; only lowest and best bid to be
accepted; how payment made; work
shall not be divided; rejection of bids.
Estimate of cost.
No firm in which official is interested to
receive contract.
GENERAL
1545-28. Substitute if Cleveland mayor is absent.
MAYOR.
1545-29. Mayor's duties.
1545-30. Removal of appointee.
1545-31. Appointment of examining committee.
1545-32. When to assume control of fire and police.
1245-33. Mayor's secretary and other appointments.
1545-34. Monthly meetings of heads of depart-
ments.
DEPARTMENT OF PUBLIC WORKS.
1546-35. Director of public works.
1545-36. Deputy director.
1545-37. Duties and powers of director.
1545-38. Powers of certain officers vested in director.
1545-39. Subdivisions of department.
DEPARTMENT OF POLICE.
1545-40. Director of police.
1545-42.
1545-43.
1545-45. Process of police courts and preservation
of order therein.
1545 41.
What department shall include.
Police force, how appointed.
Detail of directors.
1545 44. Trustees of police pension fund.
1545-46. Appointment of health inspecting and
sanitary officers.
1545-47. Powers of certain officers vested in director.
DEPARTMENT OF FIRE.
Director of fire service.
1545-48.
1545 49.
Powers and duties of fire force.
1545-50.
1545 51.
Duties of director.
Fire force: how appointed
1545-52. Powers of certain officers vested in director.
1545-53. Inspector of buildings and assistants and
deputies.
DEPARTMENT OF ACCOUNTS.
1545-54. City auditor.
1545-55.
Duties of.
1545-56. How warrants issued; liability of bonds-
men.
1545-80.
Co-defendants in action against city; exo-
cution stayed.
1545-81. Reorganization; how accomplished.
1545-82. Saving.
1545-83. Offices abolished.
1545-84. Certain laws not affected by this act.
1545-85. What officers and boards not affected; re-
peals.
1545-86. Garbage crematory or reduction plant.
1545-87.
Bonds for same.
1545-88. Tax to pay bonds and interest.
1545-88a. Collection, etc., of garbage; contracts
therefor.
1515-886. Cost may be charged to owner of property;
in addition levy of tax.
1545-89.
1545-90,
1545-91.
1545-92.
1545-93.
Council.
COLUMBUS.
LEGISLATIVE.
Residence of councilmen.
How ordinances passed; mayor's veto.
Publication of ordinances and of calls for
bids.
Police force.
1545-94. Fire force.
1545-95.
Health officer.
1545-96. Other officers.
1545-97. Organization of council; removal of heads
of departments.
1545-98. Power of council in investigations.
EXECUTIVE.
1545-99. Executive power; in whom vested.
1545-100. Mayor, police judge and clerk of police
court.
1545-101. Board of public works.
1545-102. Meetings and votes.
1545-103. Other departments.
1545-104. Mayor's salary and absence of officers.
'
720
Tit. XII.
SPECIAL GOVERNM'L ACTS.
Div. 1, Ch. 2.
SECTION
1545-105. Duties of chief officers.
1545-106. Compensation of officers.
1545-107. Forfeiture of office.
1545-108. Residence, citizenship and bonds.
1045-109. Removal for mixing in politics.
1045-110. Removal for acting as agent.
1045-111. Appointment of subordinates.
1545-112. Removal or suspension.
1545-113. Chief officers may make rules.
1545-114. Shall furnish information to mayor.
1545-115. Shall have seats in council.
1545-116. Semi-annual and annual reports.
1545-117. Removal of appointee by mayor.
1545-118. Examining committee.
1545-119. Mayor's power in emergency.
1545-120. Mayor's clerk.
1545-121. Monthly cousultations; eligibility for re-
election.
DEPARTMENT OF LAW.
1545-122. Director of law for city and in police court
and as a substitute for mayor if absent.
1545-123. His assistants and clerks.
1545-124. Incumbents and vacancies.
DEPARTMENT OF ACCOUNTS.
1545-125. Director of accounts; his deputy.
1545-126. His duties; reports; forfeiture of salaries.
1545-127. Warrants to be approved.
1545-128. Examination of claims.
1545-129. No money paid without appropriation.
1545-130. Liability for illegal warrants.
1545-131. Accounts of ex-officers.
1545-132. Annual report.
1545-133. Other duties.
DEPARTMENT OF PUBLIC SAFETY.
1545-134. Director of public safety.
1545-135. Powers; divisions of department.
1545-136. Police force.
1545-137. Detail for special duty.
1545-138. Process of and order in police court.
1545-139. Other powers.
1545-140. Powers as to fire apparatus.
1545-141. Fire force.
1545-142. Inspector of buildings.
DEPARTMENT OF PUBLIC IMPROVEMENTS.
1545-143. Director of public improvements,
1545-144. His deputy.
1545-145. Powers.
1545-146. Same.
1545-147. Subdivisions of the department.
OTHER OFFICERS AND BOARDS.
1545-148. Police judge and clerk.
1545-149. Equalizing, taxing and sinking fund
boards.
CONTRACTS.
1545–150. Street cleaning; no contract without ap-
propriation.
1545-151. Execution and approval of contract.
1545-152. Contracts for under $500.
1545–153. Contracts for over $500; how made.
1545-154. Contract to be based on estimate.
1545-155. No officer to be interested.
GENERAL.
1545–156. Co-defendants in actions against city; lien
of judgment.
1545-157. Reorganizations of departments.
1545-158. First appointments.
1545-159. Incumbents.
1545-160. Exceptions.
1545-161. Chief officer's liability for exceeding ap-
propriation.
1545--162 Repeals; prior ordinances; park lands.
1545-163. Compensation of councilmen.
1545-164. Same.
1545-165. Membership, residence, vacancy and oath
of councilmen.
1545-166. Creating board of public works for Colum-
bus.
1545-167. How selected; vacancies.
SECTION
1545-175. Election, etc., of officers; those created
by council abolished.
1545-176. Sealers of weights and measures.
1545-177. Market master.
1545-178. Contracts.
1545-179. What expenditures must be recommended
by board.
1545-180. Contract for municipal advertising; offices
for board and departments.
1545-181. Advertisement and award of contracts.
1545-182. Who to execute contracts.
1545-183. Liabilities; how created, etc.
1545-184. Members and employes not to be interested
in contracts.
1545-185. Investigations.
1545-186. Member not to sit in his own investigation.
1545-187. When contracts void.
1545-188. Contractor must state as to who interested
with him.
1545-189. Work done without contract.
1545-190. Alterations of contracts.
1545-191. Assessments after contract altered.
1545-192. Assessments; actions of contract altered.
1545-193. No extra payment on altered contract.
1545-194. Improvements must be recommended by
board.
1545-195. Grants in streets must be approved by
board.
1545-196. Water works revenues and contracts.
1545-197. Further jurisdiction.
1545-198. Assessment for cleaning, sprinkling or
planting trees.
1545-199. Assessment certified for tax duplicate.
1515-200. Assessment fund and payment therefrom.
1545-201. Lighting.
1545-202. City auditor; how chosen; term; salary,
bond, etc.
1545-203. Powers and duties of auditor.
1545-204. Register of warrants on treasury.
1545-205. Clerk sinking fund trustees.
1545-206. Inspector of buildings.
1545-207. What building acts applicable; repeals of
acts and ordinances; exception as to
lands for parks, etc.
SPRINGFIELD.
1545-208. Police and fire board.
1545-209. Organization of board.
1545-210. Police force.
1545-211. Same.
1545-212. Charges against members and trial.
1545-213. Salaries of police and fire force.
1545-214. Policemen not to accept gifts, etc.
1545-215. Meetings of board.
1545-216. Powers of board; mayor to have charge
in riot.
1545-217. Duties of mayor and board.
1545-218. Oath and bond of policemen.
1545-219. Duties of chief of police.
1545-220. Duties of police force.
1545-221. Arrest of law-breakers.
1545-222. Rules; publication of manual.
1545-223. Police insurance fund.
1545-224. Benefits thereof.
1545-225. Private patrol.
1545-226. Expense of police.
1545-227. Police fund.
1545-228. Payments from.
1545-230. Uniforms.
1545-229. Immunities of police.
1545--231. Ineligibility for any other office.
1545-232. Superintendent of city prison and his as-
sistant.
1545-233. Care of prisoners.
1545-234. Control of fire department.
1545-235. Contracts for over $500.
1545-236. Officers and members of fire force.
1545-237. Salaries of same.
1545-238. Fire alarm telegraph.
1545-239. Fire wardens and assistants.
1545-240. Board of public affairs.
1545-241 Oath and bond of members.
1545-242. Organization.
1545-243. Meetings and vote.
1545-168. Bond.
1545-169. Duties and compensation.
1545-170. Meetings.
1545-171. Record.
1545-172. To have seats in council.
1545-173. Appointments.
1545-174. Board supersedes what other boards; pow-
ers of board.
1545-244. City clerk to be its clerk.
1545-245. Members of board to have seats in couneil.
1545-246. Appointees and employees.
1545-247. Powers and duties; engineer.
1545-248. Assessments.
1545-249. Contracts in such cases; how to let.
721
Tit.XII,Div.1,Ch.2. SPECIAL GOVERNM’L ACTS.
SECTION
1545-250. Liability of city.
1545-251. Officers not to be interested in contracts.
1545-252. Investigation in such cases.
1545-253. Member involved not to participate in in-
vestigation.
1545-254. Contracts violative of above are void.
1545-255. Alteration of plans.
1545-256. No extra compensation.
1545-257. Improvements must originate with board.
1545-258. Other measures must originate with board.
1545-259. Work without letting contract.
1545-260. Removal of members.
1545-261. City printing.
1545-262. Annual estimates.
1545-263. Payment of claims.
1545-264. Additional counsel.
1545-265. Redistricting commis'n and next elections.
1545-266. Mayor's proclamation.
1545-267. Saving and when to take effect.
AKRON AND YOUNGSTOWN.
1545-268. Officers.
1545-269. Assessor.
1545-271. Bond and oath.
1545-270. Board of city commissioners.
1545-272. Duties; compensation; office.
1545-274. Removal; meetings; record; jurisdiction.
1545-273. Organization; clerk and his bond.
1545-275. Police and other departments.
1545-276. Fire force; apparatus for.
1545-277. As a board of equalization.
1545–278. As a board of elections.
1545-279. Other officials; clerk's annual statement.
1545-280. Contracts for over $500; how made.
1545-281. Publication of ordinances, etc.
1545-282. Rate of taxation; transfer of funds; li-
brary tax.
1545-283. No officer to be interested in contract.
1545-284. What measures must originate in board.
1545-285. Interim legislation.
1545-286. Saving as to police and fire salaries and
pension fund.
1545-287. Saving as to board of education, health and
magistrates.
1545-288. Repeals; ordinances remain in force.
HAMILTON.
1545-289. Officers.
1545-290. Board of control to be controlled by what
laws; successor to what boards and
officers.
1545-291. Organization to elect clerk and city audi-
tor; sergeant at arms.
SECTION
(1545-1).
1545-292. Member failing to qualify within 10 days
deemed to have declined office; filling
of any vacancies in board.
1545-293. Qualifications of members of board.
1545-294. Bonds; oath.
1545-295. Board to meet regularly once a week; sal-
ary of members.
1545-296. Departments.
1545-297. Each member to have charge of one of
departments; assigning to department.
1545-298. Rules and regulations for each depart-
ment.
1545-299. Assessors; members of boards of equali-
zation and elections.
1545-300. City civil engineer.
1545-301. Temporary appointment of skilled person
to assist any one of departments.
1545-302. City clerk.
1545-303. City auditor.
1545-304. City solicitor.
1545-305. Mayor's duty; powers; approval by of or-
dinances.
1545-306. Police force; to consist of what; appoint-
ment, etc.
1545-307. Bond and oath of member of force.
1545-308. Compensation.
1545-309. Summary dismissal for indulging in in-
toxicants, etc.
1545-310. Board of control to provide suitable offices,
etc., for mayor, etc.
1545-311. Bonds of city officers.
1545-312. County treasurer to act as city treasurer;
bond; oath; compensation.
1545-313. Board may require any city employe to
give bond.
1545-314. Bond of members of board of control be-
coming insufficient, new may be re-
quired.
1545-315. Salaries of mayor: city clerk; deputy
clerk; city auditor; and city civil engi-
neer.
1545-316. Vacancy in office of mayor or city solicitor.
1545-317. Advertising.
1545-318. Bids for furnishing office supplies.
1545-319. Procedure when contract involves expen-
diture more than $100.
1545-320. Nonfeasance or misfeasance of city officers.
1545-321. City officials or employes not to be inter-
ested in contracts.
1545-322. City officials, employes, not to receive fees,
presents, etc.
1545-323. How nominations to be voted for at munic-
ipal election to be made.
1545-324. Certain sections of R. S. made applicable to
Hamilton.
Dayton governmental act, see ¿1707d et seq.
Ravenna board of improvements, see 89 v. 24.
Cleveland authorized to have a farm school, ? (2112-1) et seq.
Portsmouth governmental act, see 2 1707ƒ et seq.
CLEVELAND.
LEGISLATIVE.
(1545-1) [Council.] In cities of the second grade of the first class
the legislative power and authority shall be vested in a council consisting of
twenty-two members, to be elected by districts, who shall serve for a term of
two years, and annually one member shall be elected from each district for the
term of two years. Members of the council shall be residents of their respec-
tive districts, and in case any member shall remove from the district for which
he was elected, his office shall thereby become vacant, and such vacancy shall
be filled as provided by law. [91 v. 809; 88 v. 269; 88 v. 105.]
(1545-2) [Election Districts.] For the purpose of electing such mem-
bers of the council such cities are hereby divided into eleven districts, as follows:
The first, second, third and fourth wards shall constitute the first district.
The fifth, sixth, seventh and eighth wards shall constitute the second
district.
47
722
§ (1545-3).
SPECIAL GOVERNM'L ACTS. Tit. XII,Div.1,Ch.2.
The ninth, eighteenth and nineteenth wards shall constitute the third
district.
The tenth, eleventh, twelfth and fourteenth wards shall constitute the
fourth district.
The thirteenth, fifteenth, sixteenth and seventeenth wards shall consti-
tute the fifth district.
The twentieth, twenty-first, twenty-second and twenty-third wards shall
constitute the sixth district.
The twenty-fourth, twenty-fifth, twenty-sixth and twenty-seventh [wards]
shall constitute the seventh district.
Twenty-eighth, twenty-ninth, thirtieth and thirty-fourth wards shall con-
stitute the eighth district.
The thirty-first, thirty-second, thirty-third and forty-first wards shall con-
stitute the ninth district.
The thirty-fifth, thirty-sixth and fortieth wards shall constitute the tenth
district.
The thirty-seventh, thirty-eighth and thirty-ninth wards shall constitute the
eleventh district, to which shall be added any territory adjoining either of said
wards and which may hereafter be annexed to the municipality.
All councilmen heretofore elected shall serve until their terms expire. At
the next regular municipal election after the passage of this act there shall
be elected in the ninth district one member of the council for a term of two
years; in the tenth district there shall be elected two members of the council,
one for the term of one year, and one for the term of two years, and in the
eleventh district there shall be elected one member of the council for a term
of two years. [91 v. 809; 88 v. 269; 88 v. 105.]
(1545-3) [One week to elapse after introduction before certain
measures can be passed; mayor's veto; passage over veto.] Every legis-
lative act of the council shall be by ordinance, resolution or order. No ordi-
nance, resolution or order involving an expenditure of money, or the approval
of a contract for the payment of money, or for the purchase, sale, lease or
transfer of property, or granting a franchise, or creating a right, or levying any
tax, or fixing the rents to be charged for the supply of water, or imposing any
fine, penalty or forfeiture, shall be passed until at least one week shall have
elapsed after the same has been introduced and read in the council, and every
such ordinance, resolution or order which shall have passed the council, except
such as provide for improvements or making assessments to pay the cost and
expense of the same, on the recommendation of the board of control, shall,
before it takes effect, be presented, duly certified by the clerk, to the mayor of
the city for approval. The mayor, if he approves such ordinance, resolution
or order, shall sign it, but if he does not approve it he shall return the same
to the council with his objections within ten days thereafter, or if the council
is not in session at the next regular meeting thereafter, which objections the
council shall cause to be entered in full on its journal, and if he does not re-
turn the same within the time above limited it shall take effect in the same
manner as if he had signed it, provided that the mayor may approve or disap-
prove the whole or any item or part of any ordinance, resolution or order ap-
propriating money, and further provided, that any item disapproved shall
have no bearing or connection with any other part of such ordinance. When
the mayor refuses to sign any such ordinance, resolution or order, or part
thereof, and returns it to the council with his objections the council shall,
after the expiration of not less than one week proceed to reconsider it; and, if
the same is approved by the votes of two-thirds of all the members elected to
the council it shall then take effect as if it had received the signature of the
723
Tit.XII,Div.1,Ch.2. SPECIAL GOVERNM’L ACTS.
$(1545-4).
mayor; and in all such cases the vote shall be taken by yeas and nays and
entered on the journal of the council. [88 v. 106.]
See note to ?? 1667, 1668.
(1545-4) [Ordinances, etc., must be published.] All ordinances of
a general nature or providing for improvements, all resolutions and other ad-
vertising required by law to be published by any or all departments in cities.
of the second grade of the first class, shall be published in one daily news-
paper, which shall be the lowest bidder for publishing, and published and of
general circulation in the corporation; provided, that when the estimated cost
of any improvement is less than five hundred dollars it shall not be necessary
to publish any ordinance providing for the same. [91 v. 450; 88 v. 107.]
(1545-5) [Council to establish police force; what it shall be made
up of.] The council shall establish and maintain a police force, to consist of
a superintendent and such subordinate officers and patrolmen as it shall, from
time to time, deem necessary, and fix their compensation; but the officers,
detectives, and patrolmen, constituting the police force at the time this act
takes effect, shall constitute the police force and shall not be removed from
the force or reduced in rank, except for cause and as provided in this act.
Any member of the police force being guilty of intoxication while in the dis-
charge of public duty shall be discharged from the force and shall not be re-
appointed again for a period of at least two years thereafter. [88 v. 107.]
(1545-6) [Fire force; established by council; what it shall con-
sist of.] The council shall establish and maintain a fire force, to consist of a
chief of such force and such subordinate officers and members as it shail, from
time to time deem necessary, and fix their compensation; but the officers and
members, constituting the fire force at the time this act takes effect, shall con-
stitute the force and shall not be removed from the force or reduced in rank
except for cause, and as provided in this act. [88 v. 107.]
As to compensation see a later act, ? 2468.
(1545-7) [Council to provide for sanitary force.] The council shall
establish and maintain a sanitary police force which shall consist of a secretary,
a plumbing and sewer inspector and his assistants, and such sanitary patrol-
men as it shall from time to time deem necessary, and fix their compensation,
but the officers and members constituting the sanitary police force at the time
this act takes place, i. e. the secretary, the twenty (20) sanitary patrolmen, the
plumbing and sewering inspector and his two (2) assistants, shall constitute
the present sanitary police force and shall continue to receive not less than
their present salary per annum, and no member of the sanitary police force
shall be removed from the said force or reduced in rank except for cause and as
provided in section 24 (§ 1545—24) of this act. [92 v. 446; 88 v. 107.]
(1545-8) [Miscellaneous officers.] The council shall have power to
provide for the appointment of such officers as may be necessary for the
enforcement of all provisions of law or ordinance relating to markets, city
scales, sealing of weights and measures, harbors and wharves, consumption of
smoke and the examination of stationery engineers, and such other officers in
the several departments hereby created as it may deem necessary for the good
government of the corporation and the full exercise of its corporate powers,
and prescribe their duties and fix their compensation. [88 v. 107.]
(1545-9) [Organization.] The council shall annually, at the time of
its organization, elect a president and vice-president from its own body, and
may elect a sergeant-at-arms and a page, who shall perform such duties belong-
ing to their respective offices as may be prescribed by ordinance and the rules.
of the council not inconsistent with law. The council shall elect a city clerk,
who shall appoint his assistants subject to the confirmation of the council.
724
..
§ (1545—10).
SPECIAL GOVERNM'L ACTS.
Tit. XII,Div.1,Ch.2.
Except as herein provided the council shall exercise no power of election or
appointment to any office. [88 v. 107.]
(1545-10) [Water rents; fixed by council.] For the purpose of pay-
ing the expenses of conducting and managing the water-works of any such
city owning water-works, the council shall have power to assess and provide for
the collection of a water rent of sufficient amount upon all tenements and
premises supplied with water in the same manner as provided by law in the
case of trustees of water-works, and, if there is any surplus after paying the
expenses of conducting and managing the water-works the same may be
applied by the council for the purposes and in the manner provided in section
2412 of the Revised Statutes. [88 v. 108.]
(1545-11) [Attendance of witnesses.] The council, or any com-
mittee thereof authorized by it so to do, shall have power to compel the
attendance of witnesses and the production of books, papers and other evidence,
at any meeting of the council or of any committee thereof, and for that pur-
pose may issue subpoenas or attachments in any case of inquiry or investiga-
tion, to be signed by the presiding officer of the council or chairman of such
committee, as the case may be, which shall be served and executed by any officer
authorized by law to serve the subpoenas and other process, and, if any witness
shall refuse to testify to any facts within his knowledge, or to produce any
books or papers in his possession or under his control, the council shall have
power to commit the witness to prison for contempt. No witness shall be excused
from testifying touching his knowledge of the matter under investigation in
any such investigation or inquiry before the council or committee thereof, or
before any officer of the city having power to conduct any investigation, but
such testimony shall not be used against him in any criminal prosecution,
except for perjury. [88 v. 108.]
See note to ? (1545—98).
EXECUTIVE.
Mayor to appoint market house commissioners, see ? (2581—1).
(1545-12) [Executive power; in whom vested.] The executive
power and authority of such cities shall be vested in the mayor, the heads of
departments hereinafter named, and such other officers as shall be created by
law or appointed by virtue of this act. [88 v. 108.]
(1545-13) [Officers to be elected by popular vote.] There shall be
a mayor, treasurer, police judge, prosecuting attorney of the police court and a
clerk of that court, who shall be chosen by the electors in the same manner and
for the same terms as now provided by law. [88 v. 108.]
(1545-14) [Certain departments created.] There shall be the fol-
lowing departments in such cities, to-wit:
[1.] Department of public works.
2.] Department of police.
3.
Department of fire.
4. Department of accounts.
15.
5. Department of law.
[6.] Department of charities and correction.
There shall be a director of each of said departments, who shall be appointed
by the mayor, with the advice and consent of the council, for a term ending
with that of the mayor appointing him. Each of said directors, before enter-
ing upon the duties of his office, shall give bond according to law in the sum
of $20,000, to be approved by the mayor and council. [88 v. 108.]
(1545–15) [Salaries.] The mayor shall receive a salary of $6,000 per
annum, and the directors of the several departments shall each receive a salary
725
Tit.XII,Div.1,Ch.2.
SPECIAL GOVERNM'L ACTS.
$(1545-16).
of $4,000 per annum, except the director of law, who shall receive $5,000 per
annum, all payable monthly, provided that no such officer shall receive pay
for services when not on duty for more than two weeks in any one year.
[88 v. 109.]
(1545-16) [Mayor and directors to devote their time to their duties.]
The mayor and heads of the several departments shall devote their time to the
duties of their respective offices, and shall hold no other office, either federal,
state, county or municipal, except as notary public or an officer of the militia,
nor be an employe of any such office. They shall consult and co-operate in
such way, not inconsistent with law or ordinance, as to adopt and follow a
systematic method to secure the most economical purchase of supplies for all
departments, at uniform rates throughout. [88 v. 109.]
(1545-17) [Compensation to be by salary.] The compensation of
all officers shall be by stated salary, and all fees and perquisites, authorized by
law or ordinance, shall be paid into the city treasury, and unless otherwise pro-
vided, shall be credited to the general fund. [88 v. 109.]
(1545-18) [Officer shall not receive any fee, gift, etc.] If any
officer or employe of the city shall receive any fee, present, gift or emolument,
or share therein for official services, other than his regular salary or compensa-
tion, he shall forfeit his office. [88 v. 109.]
(1545-19) [Qualifications.] All officers shall be bona fide residents
of the city and citizens of the United States, and, except where provision is
otherwise made by law, they shall give bond in such sum as the council shall
prescribe. [88 v. 109.]
(1545-20) [Attendance of officers at municipal conventions pro-
hibited; exception] No officer or employe of any department shall attend
or be a member of or a delegate to any political convention at which municipal
officers are to be nominated, and, in case any such officer or employe shall vio-
late this provision, it shall be the duty of the mayor, or head of the appro-
priate department, as the case may be, to remove such person from office, or
discharge him from employment; but provided that nothing herein contained
shall apply to any officer or member of the police force who may be detailed
to attend such convention in the course of his duty. [88 v. 109.]
1545-21) [Compensation of councilmen.] The members of the
council shall receive five dollars for attendance at each regular weekly meeting
of said body. No member of the council or other officer or employe shall
receive compensation for services rendered in any other department of the city
government than the one to which such officer or employe belongs. [88 v. 109.]
(1545-22) [Employes of city and councilmen shall not act as agents
in certain cases.] No member of the city council or the mayor or other
officer, clerk or employe of the city shall act as agent or attorney for any per-
son, company or corporation in relation to any matter to be affected by action
of the legislative or any other department or officer of the city, and the viola-
tion of this provision shall be cause for removal. [88 v. 109.]
(1545—23) [Appointment of officers, etc.] Except as otherwise pro-
vided in this act, all officers, clerks and employes of the several departments
and subdivisions thereof shall be appointed or employed by the head of the
department without the advice and consent of the council. [88 v. 110.]
(1545-24) [Removal of officers; hearing.] The head of any depart-
ment, may, by written order, giving his reasons therefor, remove or suspend
any officer or employe of such department, provided the same shall not be
done for political reasons, and such written orders shall be recorded in the
records of the department and a copy thereof filed with the mayor, and pro-
vided that no member of the police, fire or sanitary police force shall be
removed or reduced in rank, except for cause, to be assigned in writing after
726
§ (1545-25).
SPECIAL GOVERNM'L ACTS. Tit. XII,Div.1,Ch.2.
due notice, and a public hearing, if demanded by the accused, before a tribunal
composed of the mayor, who shall be chairman thereof, the director of law and
the president of the city council, but the head of the police, fire or sanitary
police force, as the case may be, may suspend the accused pending the hearing
of the charge preferred against them. [92 v. 446; 88 v. 110.]
The fire and police boards can merely try the charges, but only the directors can remove: Reeves v.
Griffin, 4 O. D. 461; Clev. Reg. 24; 29 Bull. 281.
Remedy for removal from improper motives so that no fair hearing can be had: Reeves v. Griffin, 4 0. D.
461; 29 Bull. 281; Clev. Reg. 24.
(1545-25) [Rules and regulations by whom made.] The heads of
the several departments may prescribe rules and regulations not inconsistent
with law for the government of their respective departments, the conduct of
their officers and employes, the distribution and performance of the business.
under their charge, and the custody, use and preservation of the books, records,
papers and property pertaining to their respective departments. [88 v. 110.1
(1545-26) [Informantion to be furnished to mayor.] The head of
each department shall, upon request, furnish to the mayor or council any in-
formation desired in relation to its affairs. [88 v. 110.]
(1545-27) [Mayor and directors to have seats in council, etc.] The
mayor and heads of the several departments shall each have seats in the
council, and the mayor shall be entitled to take part in its proceedings and de-
liberations on all questions, and the heads of departments shall be entitled to
take part in its proceedings and deliberations on all questions relating to their
respective departments, subject to such rules as the council shall, from time to
time, prescribe, but without the right to vote; and such officers may be com-
pelled to attend meetings of the council in the same manner as the members.
[88 v. 110.]
(1545-28) [Substitute if Cleveland mayor is absent.] If the mayor
of any such city elected under the provisions of the act to which this is sup-
plementary shall be temporarily absent from such city, or become temporarily
disabled by sickness, accident or insanity, the heads of the departments named
in the act to which this is supplementary shall, during said absence or dis-
ability, perform the duties of the mayor, under the designation of "acting
mayor," in the following order to-wit: Law, public works, police, fire, accounts,
and charities and corrections. Provided, that if such temporary absence or
disability of the mayor so elected as aforesaid shall continue for more than
fourteen successive days, then said acting mayor shall have power to designate
some suitable person, from the official force of said department, to perform the
duties of his proper department, until such time as such absence shall termi-
nate, or the removal of the disability of the mayor so elected as aforesaid en-
ables him to resume his duties as such mayor, and enables the acting mayor
to resume the duties of his own proper department. And if said mayor so
elected as aforesaid shall die, or remove his residence from such city during
the term of his office, the succession to the office of mayor shall be from the
heads of departments in the same order as aforesaid, and such successor shall
become the mayor of such city for the unexpired part of said term, and such
succession shall cause a vacancy in said department, which shall be filled for the
balance of the term in the same manner as is provided by the act to which
this is supplementary, for the appointment of said heads of departments. In
like manner, if any heads of said departments are absent from the city, or are
disabled by sickness, accident or insanity, for a period of more than two weeks,
the mayor or acting mayor shall designate some suitable person to perform his
duties until the head of said department resumes his office. [88 v. 304.]
MAYOR.
Mayor to appoint city hall commissioners, see ? (2559—1).
(1545-29) [Mayor's duties.] In addition to the duties now pre-
scribed by law the mayor shall communicate to the council from time to time
a statement of the finances of the city, and such other information relating
727
Tit.XII,Div.1,Ch.2. SPECIAL GOVERNM’L ACTS.
§ (1545-30).
thereto and to the general condition of the affairs of the city as he may deem
proper, or as may be required by the council. [88 ▾. 110.]
(1545-30) [Removal of appointee.] He may remove, at his discre
tion, any director or other officer or employe appointed by him. The order of
removal shall be in writing, and shall be entered on the records of his office,
and a copy thereof transmitted to the council. [88 v. 110.]
(1545-31) [Appointment of examining committee.] He may at any
time appoint competent, disinterested persons not exceeding three in number,
not more than two of whom shall be of the same political party, to examine,
without notice, the affairs of any department, officer or employe, and the result
of such examination shall be recorded in his office and also transmitted by
him to the council without delay. [88 v. 110.]
(1545-32) [When to assume control of fire and police.] In case of
emergency, for a period not exceeding five days and longer, if so authorized
by the council, the mayor may, at his discretion, assume entire control and
direction of the fire and police forces of the city, and exercise all the powers
conferred upon the fire and police departments in relation thereto. [88 v. 111.]
(1545-33) [Mayor's secretary and other appointments.] The mayor
shall have a private secretary to be appointed by himself, without the advice
and consent of the council, who shall receive such compensation as the council
shall prescribe; and said private secretary shall act as secretary to the board
of control hereinafter created. The mayor may also appoint, without the
advice and consent of the council, such clerks and employes as the council
may provide to aid him in the discharge of his official duties, and the mayor
shall appoint all officers provided by law heretofore appointed or elected by
the council, not otherwise provided for in said orignal act to which this is
amendatory. Any act conflicting with this section shall be deemed super-
seded, abrogated and repealed so far as this act is concerned, but not other-
wise. [88 v. 438; 88 v. 111.]
The
(1545-34) [Monthly meetings of heads of departments.]
mayor shall call together the heads of departments for consul[t]ation and advice
upon the affairs of the city, at least once a month, and at such meetings he
may call on them for such reports as to the matters under their management
and control as he may deem proper. [88 v. 111.]
For veto powers of the mayor, see ? (1666—1).
DEPARTMENT OF PUBLIC WORKS.
(1545-35) [Director of public works.] The department of public
works shall be under the charge of a director, to be appointed by the mayor
as herein before provided, who shall be known as the director of public works
and who shall be the head of said department. [88 v. 111.]
(1545-36) [Deputy director.] The director of public works may ap-
point a deputy who, in case of the absence or disability of said director, or
whenever so authorized by said director in writing filed in the office of said de-
partment, may perform any and every duty of the director of public works
except the appointment or removal of officers. [88 v. 111.]
(1545-37) [Duties and powers of director.] Except as otherwise.
provided in this act, the director of public works shall have the care, manage-
ment and administration of the water-works, the supply and distribution of
water, and the collection of water rents; of streets, avenues, alleys, highways,
public grounds, parks and the opening, improving, repairing, cleaning and
lighting the same; of the construction, protection and repair of public build-
ings, bridges and structures of every kind, except such buildings and struc-
tures as may be used for hospitals, work-houses, houses of refuge and correc-
tion, infirmaries, or for fire or police purposes; of sewers, drainage and dredg-
728
со
§ (1545—38).
SPECIAL GOVERNM'L ACTS.
Tit. XII,Div.1,Ch.2.
ing; of making and preserving all surveys, maps, plans, drawings and esti
mates relating to the public work under the charge of said department; and of
all matters and things in any way relating to or affecting the highways, foot-
ways, water-ways, harbors, wharves and docks, and the appointment of
harbor-masters and such other officers as may be provided by the council for
the regulation of the navigation, trade or commerce of the corporation, in pur-
suance of law. [88 v. 111.]
(1545-38) [Powers of certain officers vested in director.] Except
as otherwise provided in this act, all the powers heretofore vested in and per-
formed by the trustees of water-works, park commissioners, platting commis-
sion, street commissioner and civil engineer, in cities of the second grade of the
first class, shall be vested in and performed by the director of public works;
and all laws pertaining to the matters, the administration of which is by this
act committed to the department of public works, shall apply to said depart-
ment and be enforced by the director thereof. [88 v. 112.]
But as to the park commissioners see later act, ?(2515—1) et seq.
(1545-39) [Sub-divisions of department.] There shall be the follow-
ing subdivisions in the department of public works, to wit:
1. A division having the care and management of the water-works and all
property connected therewith, the supply and distribution of water and the
collection of water rents, of which division there shall be a chief engineer to
be called the superintendent of water-works.
2. A division having charge of the repairing and cleaning of streets,
avenues, alleys, highways and catch-basins, excepting those of parks and public
grounds, of which division there shall be a chief officer to be called the super-
intendent of streets.
3. A division having the charge of the opening, improving and lighting
of streets, avenues, alleys and highways, the constructing, protection and re-
pair of public buildings, bridges, sewers and structures of every kind under
the administration of this department, excepting those in parks and public
grounds, of making and preserving of all surveys, maps, plans, drawings and
estimates relating to the public work under the charge of said department, and
of all matters and things relating to or affecting the highways, footways, water-
ways, harbors, wharves and docks, drainage and dredging, excepting those of
parks and public grounds; there shall be a chief engineer of said division to
be called the chief engineer.
4. A division having charge of the parks and public grounds, and all
property connected therewith, of which division there shall be a chief officer
to be called the superintendent of parks. It shall be the duty of the director
of public works to forthwith appoint a superintendent of parks, duly quali-
fied, who shall have a compensation of twenty-five hundred dollars per year,
and who shall hold his position as such superintendent for a term of five years
from the date of his appointment. It shall be the duty of such superintend-
ent to properly care for the public parks and public grounds, and all property
connected therewith, and that may hereafter, in any way be acquired, and to
have the superintendence and management of all improvements ordered to
be made in any and all of such parks and public grounds, and all property
connected therewith. [90 Local Laws 96; 88 v. 112.]
DEPARTMENT OF POLICE.
(1545-40) [Director of police.] The department of police shall be
under the charge of a director, to be appointed by the mayor as herein before
provided, who shall be known as the director of police and who shall be the
head of said department. [88 v. 112.]
729
Tit.XII,Div.1,Ch.2.
SPECIAL GOVERNM'L ACTS.
§ (1545-41).
(1545-41) [What department shall include.] The police force of
the city, the officers, employes and property connected therewith, police tele-
graphs, telephones and signals, sealing of weights and measures, city scales
and markets, the inspection of food and all matters relating to the public
health, shall be under the administration of this department. [88 v. 112.]
(1545-42) [Police force; how appointed.] The director shall appoint
the superintendent of the police force, and within the limit prescribed by the
council, such other officers and patrolmen as in his opinion the public interests
require, subject to the provisions of section 5 [§ (1545—5)] of this act, under and
in pursuance of rules and regulations providing for the ascertaining of the
comparative fitness of all applicants for appointment or promotion, by a sys-
tematic, open and competitive examination of such applicants, which rules
and regulations it shall be the duty of the mayor and the head of the depart-
ment to make and submit to the council, and when approved by the council
they shall be promulgated and enforced as permanent rules, and shall only be
changed in the manner herein provided for their adoption; provided, that no
officer or member of said force shall be appointed until such rules and regula-
tions have been promulgated, except to fill any vacancy caused by death or
resignation, and shall prescribe their duties. He may at his discretion, ap-
point any such patrolmen on probation and discharge any patrolman thus
appointed within six months of the date of his appointment; provided, that
if demanded by the patrolman so discharged, the cause of his discharge shall
be assigned to him, in writing, by the director. He may, in case of emerg-
ency, by and with the consent of the mayor, appoint such number of special
patrolmen as he may deem necessary, which appointment shall be recorded
and be subject to the action of the council at its next meeting, and during
their service such special appointees shall possess the powers and perform the
duties of regular patrolmen, and shall receive such compensation as may be
fixed by the council, for a period not exceeding five days, unless authorized
for a longer period by the council. [88 v. 270; 88 v. 112.]
(1545—43) [Detail of detectives.] The director may detail such offi-
cers or members of the police force for special detective duty as he may think
the public interest requires, and the persons so detailed shall receive for such
services such compensation as the council may prescribe, and may at any time
be re-assigned by the director to the duty in the rank from which they were
detailed. [88 v. 113.]
(1545-44) [Trustees of police pension fund.] The mayor, director
of police, director of law and three members of the police force to be annually
elected by the members of the force on the first Tuesday of January of each
year, shall constitute the board of trustees of the police pension fund, and
shall have all the powers and perform all the duties of the trustees of such
fund created by section 1945 of the Revised Statutes, as amended April 15,
1889, and the mayor shall be president of such board; provided that the first
election of such members of the police force as such trustees shall take place
on the first Monday of May after the passage of this act. [88 v. 113.]
Who shall be trustees of the sanitary police pension fund, see ? (2148-1).
Police life and health insurance fund in Cleveland, see ¿ 1945.
(1545-45) [Process of police courts and preservation of order
therein.] All process of the police court shall be directed to the superintend-
ent of police, and shall be executed by any person appointed for the purpose
by the director, and the director shall appoint from the members of the force
such number of suitable persons as may be necessary to attend the sittings of,
preserve order in and execute all process and orders of, the police court, and
730
§ (1545-46).
SPECIAL GOVERNM'L ACTS. Tit. XII,Div.1,Ch.2.
such persons shall be the special deputies of the superintendent of police.
[88 v. 113.]
(1545-46) [Appointments of health inspecting and sanitary offi-
cers.] The director of police shall appoint a health officer, a secretary, a
sewer and plumbing inspector and his assistants, and such sanitary patrolmen
whose duties pertain to the public health as may be necessary to secure the in-
habitants of such cities from the evils of contagious, malignant and infectious
diseases, and shall prescribe their duties and fix their compensation subject to the
provisions of section 7 [§ (1545-7)] of this act, and the city council. But from
and after the passage of this act, no such appointment in said sanitary police
force shall be lawful, unless made under and in pursuance of rules and regu-
lations providing for the ascertaining of the comparative fitness of all appli-
cants for appointment, which rules and regulations it shall be the duty of the
mayor and the head of the department to make and submit to the council;
and when approved by the council, they shall be promulgated and enforced as
permanent rules, and shall only be changed as herein provided for their adop-
tion, provided that no member of said sanitary police force shall be appointed
until such rules and regulations have been promulgated, except to fill any
vacancy caused by death or resignation. [92 v. 446; 88 v. 113.]
(1545—47) [Powers of certain officers vested in director.] Except
as herein otherwise provided, the powers and duties heretofore vested in the
board of police commissioners and the board of health are hereby vested in
the director of police, and all the provisions of law pertaining to the said police
and health departments shall apply to the police department and be adminis-
tered by the director thereof. [88 v. 114.]
For the laws relating to the force and this department in Cleveland, see ?? 1928 to 1983.
DEPARTMENT OF FIRE.
Fire wardens, medical officer and veterinary surgeon of, provided in Cleveland, see
? 2467.
As to appointment on fire force, see 2467.
Fire wardens, medical officer and veterinary surgeon of Cleveland, as to appointment,
removal or discharge, see ? 2467.
(1545-48) [Director of fire service.] The department of fire shall be
under the charge of a director to be appointed by the mayor, as herein before
provided, who shall be known as the director of fire service, and who shall be
the head of said department. [88 v. 114.]
(1545-49) [Powers and duties of fire force.] The fire force of the
city, the officers, employes and property connected therewith, the fire tele-
graph, signals, and fire alarms, the inspection of buildings, boilers, elevators
and fire escapes, all the provisions of law or ordinance relating to the examina-
tion, regulation and licensing of stationary engineers, and the consumption of
smoke, and all matters relating to the fire service, shall be under the manage-
ment, control and administration of this department. [88 v. 114.]
(1545-50) [Duties of director.] Subject to the provisions of this act
in reference to contracts, the director of fire service shall purchase all necessary
fire engines, either steam or hand, hose carriages, and all such other apparatus
and instruments as shall be deemed necessary for the extinguishing of fires,
and establish lines of fire alarm telegraph within the limits of the corporation,
and shall cause to be erected all necessary and suitable buildings for containing
fire engines, hose carriages, fire apparatus and engines. [88 v. 114.]
(1545-51) [Fire force; how appointed.] The officers and members
of the fire force shall be apppointed by the director of fire service, subject to the
provisions of section 6 [§ (1545-6)] of this act, but from and after the passage of
731
Tit. XII,Div.1,Ch.2. SPECIAL GOVERNM’L ACTS.
§ (1545-52).
this act no such appointment or any promotion in said force shall be lawful, ex-
cept in cases of emergency, unless made under and in pursuance of rules and
regulations providing for the ascertaining of the comparative fitness of all
applicants for appointment or promotion, by a systematic, open, and competi-
tive examination of such applicants, which rules and regulations it shall be
the duty of the mayor and the head of the department to make and submit
to the council, and when approved by the council they shall be promulgated
and enforced as permanent rules and shall only be changed in the manner
herein provided for their adoption; provided, that no officer or member of
said force shall be appointed until such rules and regulations have been pro-
mulgated, except to fill any vacancy caused by death or resignation. [88 v.
270; 88 v. 114.]
(1545-52) [Powers of certain officers vested in director.] Except
as herein otherwise provided, the powers and duties heretofore vested in the
board of fire commissioners in such cities are hereby vested in the director of
fire service, and all provisions of law pertaining to the fire department as here-
tofore constituted shall apply to the department of fire and be administered
by the director thereof. [88 v. 114.]
(1545-53) [Inspector of buildings and assistants and deputies.]
The director of fire service shall appoint an inspector of buildings, who shall
be an architect or builder, and who shall have all the powers, perform all
the duties and receive the same salary prescribed for the inspector of build-
ings by an act entitled "An act to regulate the construction of buildings
within any city of the first class and second grade, and to provide for the
appointment of an inspector of buildings," passed April 16, 1888, as amended.
April 11, 1890. The council may provide by ordinance for the appointment
by the director of fire service of an assistant inspector of buildings at a salary
not to exceed $1,500 per annum, and one deputy, who shall be a practical
mechanic, at a salary not to exceed $1,200 per annum, and one deputy at a
salary not to exceed $900 per annum. [88 v. 115.]
DEPARTMENT OF ACCOUNTS.
(1545-54) [City auditor.] The department of accounts shall be un-
der the charge of a director, to be appointed by the mayor as herein before
provided, who shall be known as the city auditor, and who shall be the head
of said department. [88 v. 115.]
(1545-55) [Duties of.] It shall be the duty of the city auditor to
keep accurate accounts of all taxes and assessments, of all moneys due to and
all receipts and disbursements by the city, of all assets and liabilities of the
city and of all appropriations made by the council. He shall, at the end of
each fiscal year, and oftener if required by the council, audit the accounts of
the several departments and officers, and shall audit all other accounts in
which the city is concerned and shall prescribe the form of accounts and re-
ports to be rendered to his department, and the form and method of keeping
accounts by all other departments, and shall have the inspection and revision
thereof. Detailed daily reports shall be made by each department to the city
auditor, showing the receipts of all moneys by such departments and the dis-
position of the same. [88 v. 115.]
(1545-56) [How warrants issued; liability of bondsmen.] No
warrant for the payment of any claim shall be issued by the city auditor until
such claim shall have been approved by the head of the department for which
the indebtedness was incurred, and every head of department and his sureties
shall be liable to the city for all loss or damage sustained by it by reason of
the negligent or corrupt approval of any claim against the city in his depart-
ment. [88 v. 115.]
732
(1545-57).
SPECIAL GOVERNM'L ACTS.
Tit.XII,Div.1,Ch.2.
(1545-57) [Scrutiny of claims.] Whenever a claim shall be pre-
sented to the city auditor he shall have power to require evidence that the
amount claimed is justly due and is in conformity to law and ordinance, and
for that purpose he may summon before him any officer, agent or employe of
any department of the city, or any other person, and examine him upon oath
or affirmation relative thereto, which oath or affirmation he may administer.
.[88 v. 115.]
(1545-58) [No money to be drawn except on appropriation.] No
money shall be drawn from the treasury except in pursuance of appropriations
made by the council, and whenever an appropriation is made by the council
the clerk shall forthwith give notice thereof to the city auditor and treasurer.
No appropriation shall be made for a longer period than until the end of the
current year, and at the end of each year all unexpended balances of appro-
priations shall revert to the respective funds from which the same were appro-
priated. [88 v. 116.]
(1545-59) [Liability for illegal warrant.] If the city auditor shall
draw a warrant for any claim contrary to law or ordinance, he and his sureties
shall be individually liable for the amount of the same. [88 v. 116.]
(1545-60) [Auditing accounts of ex-officers.] He shall, upon the
death, resignation, removal or expiration of the term of any officer, audit the
accounts of such officer, and if such officer be found indebted to the city he
shall immediately give notice thereof to the council and the corporation coun-
sel, and the latter shall proceed forthwith to collect the same. [88 v. 116.]
He shall make to the
(1545-61) [Annual financial statement.]
mayor annually, and to the council whenever required, a report of the accounts
of the city, verified by his oath, exhibiting the revenues, receipts, disburse-
ments, assets and liabilities of the city, the sources from which the revenues
and funds are derived, and in what manner the same have been disbursed,
which report shall be published as required by law or ordinance. [88 v. 116.]
(1545-62) [Other duties of auditor.] He shall perform such other
duties as are prescribed by law or ordinance for auditors or comptrollers in
cities of the second grade of the first class, not inconsistent with the provisions.
of this act. [88 v. 116.]
DEPARTMENT OF LAW.
(1545-63) [Director of law.] The department of law shall be under
the charge of a director of law, to be appointed by the mayor as herein before
provided, who shall be known as the corporation counsel, and who shall be
the head of said department. [88 v. 116.]
(1545-64) [Assistants to be attorneys.] The director of law shall
have such assistants and clerks as may be authorized by ordinance, and he
and such assistants shall be attorneys at law, admitted and qualified to prac-
tice in the courts of the state of Ohio. [88 v. 116.]
(1545-65) [Duties of director.] The director of law shall be the
legal adviser of and act as attorney and counsel for the city and for all its offi-
cers in matters relating to their official duties. He shall prepare all contracts,
bonds and other instruments in writing, in which the city is concerned, and
shall indorse on each his approval of the form and correctness thereof, and no
contract with such city or any of its departments shall take effect until he has
indorsed thereon such approval. He shall also perform such other duties as
are or may be prescribed by law or ordinance for solicitors in cities of the sec
ond grade of the first class. [88 v. 116.]
2
•
733
Tit. XII,Div.1,Ch.2. SPECIAL GOVERNM’L ACTS.
§ (1545—66).
DEPARTMENT OF CHARITIES AND CORRECTION.
(1545-66) [Director of charities and correction.] The department
of charities and correction shall be under the charge of a director to be ap-
pointed by the mayor as herein before provided, who shall be known as the
director of charities and correction and who shall be the head of said depart-
ment. [88 v. 117.]
(1545-67) [Duties and powers.] The director of charities and cor-
rection shall have the charge and administration of the workhouse, house of
refuge and correction, cemeteries and infirmary, and all charitable or penal
institutions established by such city. He shall, subject to the approval of the
mayor of such city, make such rules and regulations as are necessary and
proper for the employment, discipline, instruction, education, reformation and
for the conditional release and return of all the prisoners confined under the
provisions of law, and shall, from time to time, with the approval of the
mayor, make such alterations, amendments and additions to the rules and
regulations for the government of prisoners in the workhouse as shall seem to
him to best promote their reformation. He may, with the approval of the
mayor, and under such regulations as may be provided by law or ordinance,
discharge any person committed to the workhouse, except such as are commit-
ted under the provisions of section 2100c of this act, and any infant commit-
ted to the house of refuge and correction; but a record thereof shall be kept by
him and reported by the mayor to the council in his annual report, with a
brief statement of the reasons therefor. [90 v. 182; 88 v. 117.]
(1545-68) [Powers of certain officers vested in.] The director of
charities and correction shall have all the powers and perform all the duties
which are by law or ordinance vested in or required of the board of work-
house directors, the board of directors of the house of refuge and correction,
the trustees of cemeteries and the board of infirmary directors in such cities;
and all laws and ordinances relating to work-houses, houses of refuge and
correction, cemeteries and infirmaries in such cities shall apply to said de-
partment and be enforced by said director, except as herein otherwise pro-
vided. [88 v. 117.]
BOARD OF CONTROL.
(1545-69) [Board of control; appointment; duties.] There shall be
a board of control, composed of the mayor, who shall be president thereof, and
the six heads of departments herein before named, which board shall be the
successor of and shall have all the powers and perform all the duties vested in
the board of improvements and commissioners of sewers heretofore established
in any such cities, and all laws and ordinances relating to the board of im-
provements or commissioners of sewers in such cities shall apply to such board
of control. It shall also have all the powers conferred by law upon the board
of revision in cities of the second grade of the first class. [88 v. 117.]
(1545—70) [Meetings; votes and record.] It shall have stated
meetings at least twice each week, and shall keep a record of its proceedings.
All votes shall be by yeas and nays and entered on the record, and a vote
of a majority of all the members of the board shall be necessary to adopt
any question, motion or order. [88 v. 117.]
OTHER OFFICERS AND BOARDS.
(1545-71) [Other officers.] The treasurer, police judge, prosecuting
attorney of the police court, and the clerk of the police court shall have such
powers and perform such duties as are now prescribed by law. [88 v. 117.]
(1545—72) [Other boards.] The sinking fund commissioners, the
depositary commissioners, the annual city board of equalization, the decen-
nial board of equalization, and the board of tax commissioners shall continue
734
§ (1545-73).
SPECIAL GOVERNM'L ACTS. Tit. XII,Div.1,Ch.2.
as now established by law, but the city auditor shall be the clerk of said
sinking fund commissioners and keep the accounts thereof. [88 v. 118.]
For later law as to board of equalization, see 28056 et seq.
CONTRACTS.
(1545-73) [Streets to be cleaned by contract.] All paved streets
shall be cleaned by the city or by contract and the city council shall make
suitable provisions by ordinance for such work to be done in either man-
ner under the direction of the board of control and the director of public
works. [92 v. 595; 88 v. 118.]
(1545-74) [No contract to be binding unless appropriation has
been made.] No contract, agreement or obligation shall be binding upon the
city unless an appropriation therefor shall have been made by the council.
but contracts continuing for a period of one year, upon which payments are to
be made as the contract progresses, may be entered into by such cities, pro-
vided a tax has been levied to pay the estimated expenditures required by such
contract, and that the same does not exceed the tax levied for that purpose,
and in such case the certificate of the city auditor, as provided in section 2702
of the Revised Statutes, shall only be required to state the amount of the levy
and that the same is sufficient to pay such expenditures and has not been
appropriated for any other purpose. [88 v. 118.]
Cleveland city hall bonds subject to, ? (2559—12).
(1545-75) [Contracts above certain limits to be in writing: by
whom approved.] All contracts involving more than $250 in amount shall
be in writing, signed and executed in the name of the city by the head of
the appropriate department, and approved by the council and board of con-
trol, before they are binding upon the city. [88 v. 118.]
(1545-76) [Proposals to be advertised for in certain cases.] No
contract involving an expenditure to exceed five hundred dollars in amount
shall be made without advertising for proposals in accordance with the next
following section of this act. When money therefor has been already appro-
priated by the council, the heads of departments may contract for and make
purchases not exceeding two hundred and fifty dollars at any one time, for
use in their respective departments, but all such contracts shall forthwith be
reported to the city auditor; provided, however, that all city advertising and
publication of whatsoever kind, including the publication of ordinances, and
resolutions, as required by section 4, § (1545—4) shall be at rates not to exceed
legal rates as provided in section 4366 of the Revised Statutes. [91 v. 450; 88
v. 118.]
(1545-77) [How certain contracts shall be made.] When the cor-
poration makes an improvement or repair or purchases any supplies the cost of
which will exceed five hundred dollars ($500) it shall proceed as follows:
1. [Advertising for bids.] It shall advertise for bids for a period of two
weeks, once each week; or if the estimated cost exceeds $5,000, four weeks, once
each week, in two newspapers of general circulation, of opposite politics, pub-
lished in the corporation, and the same shall be paid for at rates not exceeding
rates provided for in section 4 of this act.
2. [Filing of bids.] The bids shall be filed with the clerk of the board of
control, sealed up by twelve o'clock at noon of the last day as stated in the ad-
vertisement.
3. [Opening of bids.] The bids shall be opened at 12 o'clock at noon on
the last day for filing the same, by the clerk of the board of control, the mayor
and the head of the appropriate department, or any two of them, and publicly
read by the officer opening the same, filed in the office of the board of control,
and reported by the clerk of the board to the council at the next regular meet-
ing thereafter, and copies of all bids shall be kept by the clerk in a book pro-
vided for that purpose.
735
Tit. XII,Div.1,Ch.2.
SPECIAL GOVERNM'L ACTS.
§ (1545—78).
4. [Form of bids.] Each bid shall contain the full name of every person
interested in the same, and shall be accompanied with a certified check on a
solvent bank of any such city for such an amount and upon such terms as
may be prescribed by the officer or officers advertising for proposals, that if
the bid is accepted the contract will be entered into and the performance of
it promptly secured.
5. [Separation of items.] If the work for bid embraces both labor and
material, they shall be separately stated with the price thereof.
6. [Only lowest and best bid to be accepted.] None but the lowest and
best responsible bid shall be accepted when such bids are for material and labor
separately, but the council may at its discretion reject all bids or accept any
bid which may be the lowest aggregate cost, when recommended by the board
of control.
7. [How payment made.] The contract shall be between the corporation.
and the bidder, and the corporation shall pay the contract price for the work
in cash; provided, however, that the contract price for an improvement, for
the payment of the cost of which a special assessment is authorized by law,
may be paid in installments as the council may have previously determined.
8. [Work shall not be divided.] If two or more bids are equal for the
whole or any part of the work, but are lower than any others, either may be
accepted, but in no case shall the work be divided between them.
9. [Rejection of bids.] When there is reason to believe that there is
collusion or combination among the bidders or any number of them, the bids
of those concerned therein shall be rejected; provided, that in case of emer-
gency and upon the recommendation of the mayor, the council may, by reso-
lution, authorize an expenditure not exceeding $1,000 without complying with
the provisions of this section. [92 v. 548; 91 v. 588; 88 v. 118.]
An award to a bidder of second-hand pipe, under a call for bids for new pipe, is void: Lake Shore
Foundry Co. v. Cleveland, 8 C. C. 671; 1 O. D. 127.
An ordinance providing that bids received shall contain a stipulation, that common laborers are to re-
ceive no less than $1.50 per day, and are not to work more than eight hours per day, is invalid, because vio-
lating this section: State ex rel. v. Morton, 5 N. P. 183.
Council may still proceed, under ? 2419, in advertising for and disposing of bids for furnishing pumping
station for water works: McClain v. McKisson, 15 C. C. 517; aff'’d. by Sup. Ct. without report, 35 Bull. 295.
Council after rejecting all bids may reconsider its action and award to one of the original bidders:
McClain v. McKisson, 15 C. C. 517.
Or if the contract is awarded and the bidder refuses or fails to enter into it, council can award the con-
tract to another bidder. Id.
(1545-78) [Estimate of cost.] Every contract for public improve-
ment or repair shall be based upon a detailed estimate of the cost of the whole
improvement or repair. [88 v. 119.]
(1545-79) [No firm in which official is interested to receive con-
tract.] No contract for work to be done for, or material to be supplied to, the
city or any department thereof shall be made with any councilman, officer, or
employe of the city, or with any firm, partnership, corporation or association
of which such councilman, officer or employe is a member or stockholder, or by
which he is employed in any capacity. If any councilman, officer or employe,
during the term for which he shall have been elected or appointed, knowingly
acquires an interest in any such contract, he shall forfeit his office. [88 v. 119.]
GENERAL.
(1545-80) [Co-defendants in action against city; execution stayed.]
Whenever an action is brought against the city on a claim for which the city
would have a right of action over against another person, company or corpo-
ration, either upon a bond or otherwise, the city may, by filing a cross-petition
in such action, require such person, company or corporation to be made
co-defendants therein; and if such right of action on the part of the city over
against such person, company or corporation is upon a bond, the city may also
736
$(1545—81).
SPECIAL GOVERNM'L ACTS. Tit. XII,Div.1,Ch.2.
require the sureties on such bond to be made co-defendants, in which case it
shall attach a copy of such bond to its cross-petition; and thereupon such
co-defendants may make any defense to such claim that the city may make,
and shall be liable to pay the judgment, if any, rendered therein against the
city and said co-defendants or any of them; and shall be primarily liable on
such judgment; and proceedings on such judgment shall be stayed as against
the city until an execution shall have been issued and returned wholly or par-
tially unsatisfied against all such co-defendants, and if the city shall at any
time pay the whole or any part of any such judgment, it shall thereupon, to
the extent of suah payment, have and be subrogated to, all the rights and
remedies against such co-defendants, upon such judgment as the plaintiffs had.
[90 Local Laws 107; 88 v. 119.]
(1545-81) [Reorganization; how accomplished.] For the purpose
of properly carrying out the provisions of this act the council shall enact
ordinances providing for the reorganization of the several departments of the
city so as to conform to the requirements of this act.
All executive powers
and duties not hereinbefore otherwise distributed, shall be assigned by ordi-
nance, to the appropriate departments hereby created; provided, salaried
officers whose terms shall not expire on or before the passage of this act shall,
by the operations hereof, be transferred to the appropriate department hereby
created, where they shall serve out their unexpired terms, performing similar
duties as now, under the direction of the head of the department, but their
compensation shall not be affected thereby. [88 v. 120.]
(1545-82) [First appointments to be made as soon as possible.]
The first appointments under this act shall be made as soon as practicable
after the election and qualification of the mayor, elected at the next annual
municipal election. [88 v. 120.]
(1545-83) [Offices abolished.] Except as herein otherwise provided,
all existing officers, boards and departments in such cities are hereby abolished.
[88 v. 120.]
(1545-84) [Certain laws not affected by this act.] The provisions
of the statutes now in force relating to the amount of compensation of the
officers and members of the fire and police forces, and the laws relating to the
firmen's pension fund, the police pension fund, and that part of section 2439
which provides that officers and firemen shall be alternately relieved from duty
for the space of twenty-four hours in each week without loss of pay, and that
part of section 2463 which allows a leave of absence of twelve days in each
year to each officer and member of the department without loss of pay, shall
not be affected or repealed by the passage of this act. [88 v. 120.]
? 2468 is a later enactment as to compensation.
(1545-85) [What officers and boards not affected.] This act shall
not be constructed [construed] as applying to or affecting the board of elections,
justices of the peace, constables or assessors. [88 v. 120.
[Repeals.] Sections 1926, 1927 and 2455 of the Revised Statutes, section
1 of an act entitled "An act to regulate the construction of buildings within
any city of the first class and second grade, and to provide for the appoint-
ment of an inspector of buildings," passed April 16, 1888, as amended April
11, 1890, and an act entitled "An act to create the office of comptroller in
cities of the second grade of the first class, and to prescribe his duties," passed
April 15, 1889, are hereby repealed. Sections 1708, 2096, 2097, 2163, 2168,
2186, 2408, 2511 and 2580 of the Revised Statutes, so far as the same relate
to cities of the second grade of the first class, and not otherwise, are
hereby repealed, and all the provisions of the statutes of this state in force
when this act takes effect, which conflict with any provision of this act, shall
737
Tit. XII,Div.1,Ch.2.
SPECIAL GOVERNM'L ACTS.
§ (1545-86).
be held to be superseded by the latter, and, as to the matter of inconsistency,
and not otherwise, the same are hereby repealed. [88 v. 120.]
(1545-86) [Garbage crematory or reduction plant.] For the dis-
position of garbage, offal, dead animals and other refuse matter in any city of
the second grade of the first class, any such city is hereby authorized and em-
powered to procure, by purchase or by appropriation, the necessary grounds,
within or without such city, and to build, erect, maintain and operate thereon,
one or more garbage crematories or furnaces, or garbage reduction plants, and
to contract, for a period not to exceed ten (10) years, for the collection, re-
moval to, and disposition at, such crematory or crematories, furnace or furn-
aces, reduction plant or plants, of garbage, offal, dead animals and other refuse
matter; or, if in the judgment of the council of any such city it shall be for the
best interests of this city not to own and operate any such crematory, furnace
or reduction plant, then, and in that event, any such city is hereby authorized
and empowered to contract, for a period not to exceed ten (10) years, for the
collection, removal and disposition of such garbage, offal, dead animals, and
other refuse matter, to be disposed of in such way, and at such place or places,
as may be agreed upon. And such collection, removal, and disposition as
aforesaid, may be provided for in a single contract, or by several contracts,
and said contract may include any or all of said substances, as the council of
any such city shall deem best. And in any such contract as is herein last
authorized, such city is hereby authorized to stipulate for the right and privi-
lege to purchase, from the contractor, at any time during the continuance of
the contract, any or all property, real or personal, used or provided for use by
such contractor, in the performance of his contract. [92 v. 644.]
(1545-87) [Bonds for same.] That for the purpose of providing
funds for the payment of any and all expenses and obligations that may be
incurred in the exercise of any of the authority and power conferred by the
foregoing section, any such city is hereby authorized to borrow not to exceed
one hundred thousand dollars ($100,000) at a rate of interest not to exceed five
(5) per cent. per annum, payable semi-annually, and to issue and sell its
bonds for the amount of such loan, in such denominations, and payable at
such time or times, not to exceed twenty (20) years from their date, as the
council may determine. Such bonds, except as provided in the foregoing shall,
in all respects, conform to the requirements of chapter 2, division 9, title 12, of
the Revised Statutes of Ohio; and section 2702 of the Revised Statutes of
Ohio, and section 73 (§ 1545-74) of an act passed March 16, 1891, to provide a
more efficient government for cities of the second grade of the first class, and
any other laws now in force relating to the certificate of the city auditor, or
to the fact that money is in the treasury shall not apply to contracts made
hereunder. [92 v. 644.]
(1545-88) [Tax to pay bonds and interest.] For the purpose of
paying the interest on said bonds, and the further expenses of maintaining
and operating such crematories, furnaces, or reduction plants, and to provide
a fund for the payment of the principal of said bonds at maturity, said coun-
cil shall, in addition to the other levies authorized by law, levy annually a
sufficient tax therefor on the property subject to taxation in such city, and
such taxes shall be levied and collected in the same manner as other taxes.
[92 v. 644.]
(1545-88a) SEC. 1. [Collection, removal and destruction of garbage,
etc., contracts therefor.] Any city of the second grade of the first class is
hereby authorized to provide for the collection, removal and destruction or re-
duction of garbage and night-soil, and to make necessary contracts therefor, for
a period of time not to exceed ten years; and section 2702 of the Revised Stat-
utes of the state of Ohio, and section 73 [§(1545—74)] of an act passed March
48
738
§ (1545-886).
SPECIAL GOVERNM'L ACTS.
Tit.XII,Div.1,Ch.2.
16, 1891, to provide a more efficient government for cities of the second grade
of the first class, and any other law now in force relating to the certificate of
the city auditor, to the effect that money is in the treasury, shall not apply
to contracts made hereunder. [93 v. 594.]
(1545-88b.) SEC. 2. [Cost may be charged to owner of premises;
levy of tax in addition.] For the purpose of providing the necessary money
for paying the cost and expense of the collection, removal and destruction or
reduction of garbage and night-soil, or either of them, as provided in section
one hereof, the council of any such city is hereby authorized to provide by
ordinance for charging the whole or any part of the cost of the collection, re-
moval and destruction or reduction of garbage and night-soil to the owner or
occupant of any and all premises from which such garbage and night-soil is
collected, and to collect such cost and expense from such owner or occupant;
and in addition thereto the council of any such city is hereby authorized and
empowered to levy annually a tax therefor on the property subject to taxation
in such city; and such tax shall be levied and collected in the same manner as
other taxes. [93 v. 595.]
COLUMBUS.
LEGISLATIVE.
(1545-89) [Council.] That in cities of the first grade of the second
class, the legislative power and authority shall be vested in a council, which
shall consist of two* members from each ward in such cities, to be elected by
wards, who shall serve for a term of two years. Members of council in office
shall, unless vacancy sooner occurs, serve until the expiration of their respective
terms; at each municipal election one member of the council shall be elected
in each ward to serve two years; that not later than the first day of November
next after the passage of this act, the city council in cities of the first grade of
the second class shall redistrict the wards in such cities; and all wards so to be
established shall be bounded, as far as practicable, by streets, alleys, avenues,
public grounds, canals, watercourses, corporation lines, center lines of platted
streets or railroads, and be composed of adjacent and compact territory; and
the several wards at the time of redistricting shall contain as near an equal
number of inhabitants as may be practicable; and not later than November 1,
in every tenth year thereafter, the city council in said cities shall, in like
manner, redistrict said cities. If the city councils in such cities fail to redis-
trict such cities by the said date, then the city board of elections in such cities
shall, within two months after November 1, proceed to redistrict said cities as
herein before provided; provided, however, that whenever or by whomsoever
said redistricting is done it shall not affect the term of office of members of
council in office at the time of such redistricting; but they each shall serve
until the expiration of their respective terms, and each of them shall, for the
remainder of his term, represent the new ward in which he resides after said
redistricting is done. [91 v. 519; 90 L. L. 136.]
* But see act of May 21, 1894, ?(1545--165).
(1545-90) [Residence of councilmen.] Members of the council shall
be residents of their respective wards, and in case any member shall remove
from the ward for which he was elected his office shall thereby become vacant,
and such vacancy shall be filled as provided by law. [90 L. L. 136.]
(1545-91) [How ordinances passed; mayor's veto.] Every legisla-
tive act of the council shall be by ordinance, resolution or order. No ordinance,
resolution or order involving an expenditure of money, or the approval of a
contract for the payment of money, or for the purchase, sale, lease or transfer
of property, or granting a franchise, or creating a right, or levying any tax, or
739
Tit. XII,Div.1.Ch.2.
SPECIAL GOVERNM'L ACTS.
§ (1545-92).
imposing any fine, penalty or forfeiture, shall be passed until at least one week
shall have elapsed after the same has been introduced and read in the council,
and every such ordinance, resolution or order which shall have passed the
council, shall, before it takes effect be presented, duly certified by the clerk, to
the mayor of the city for approval. The mayor, if he approves such ordinance,
resolution or order, shall sign it, but if he does not approve it he shall return
the same to the council with his objections within ten days thereafter, or if
the council is not in session then at the next regular meeting thereafter, which
objections the council shall cause to be entered in full on its journal, and if he
does not return the same within the time above limited it shall take effect in
the same manner as if he had signed it; provided, that the mayor may ap-
prove or disapprove the whole or any item or part of any ordinance, resolution
or order appropriating money, and further provided, that any item or part dis-
approved shall have no bearing or connection with any other part of such ordi-
nance, except that such ordinance, resolution or order before taking effect as to
the item or parts not objected to by the mayor, shall be again passed by a
majority vote of the council, whereupon the same as so changed shall take
effect after due publication. When the mayor refuses to sign any such ordi-
nance, resolution or order, or part thereof, and returns it to the council with
his objections the council shall, after the expiration of not less than one week,
proceed to reconsider it; and if the same is approved by the vote of two-thirds
of all the members elected to the council it shall then take effect after due
publication as if it had received the signature of the mayor; and in all such
cases the vote shall be taken by yeas and nays and entered on the journal of
the council. [90 L. L. 136.]
(1545-92) [Publication of ordinances and of calls for bids.] The
publication of all resolutions, ordinances and proceedings of the city council
of such cities of the first grade of the second class shall be made by the city
clerk; and all advertisements for bids for work and labor and the publication
of reports and such other work as may be connected with the several depart-
ments, shall be made by the heads of such departments. All resolutions and
ordinances of a general nature, or providing for improvements, and all other
advertisements required in such cities of the first grade of the second class shall
be published at not to exceed legal rates as provided in section 4366 Revised
Statutes, in three daily newspapers of general circulation in such cities and
one of which shall be printed in the German language. Contracts for such
publishing shall be let to the lowest responsible bidders and no contract shall
be awarded under this section for a period longer than one year; provided, that
when the estimated cost of any improvement is less than $500.00 it shall not
be necessary to publish any ordinance providing for the same. [90 L. L. 136.]
(1545-93) [Police force.] The council shall by ordinance establish
and maintain a police force, to consist of a superintendent and such subordinate
officers and patrolmen as it shall from time to time deem necessary, and fix
their compensation. [90 L. L. 136.]
(1545-94) [Fire force.] The council shall by ordinance establish and
maintain a fire force, to consist of a chief of such force, and such subordinate
officers and members as it shall from time to time deem necessary, and fix
their compensation. [90 L. L. 136.]
(1545-95) [Health officer.] The council shall provide for the appoint-
ment in accordance with the provisions of this act, of a health officer, who
shall be a physician, and such other physicians and subordinate officers as
may be necessary to secure the inhabitants of such cities from the evils of con-
tagious, malignant and infectious diseases, and shall prescribe their duties and
fix their compensation. The health officer or his subordinates shall also
render the necessary medical service in the police department and poor depart-
740
§ (1545-96).
SPECIAL GOVERNM'L ACTS.
Tit. XII,Div.1,Ch.2.
ment, and the offices of police surgeon and city poor director are hereby abol-
ished. [90 L. L. 136.]
(1545-96) [Other officers.] The council shall have power to provide
by ordinance for the appointment of such officers as may be necessary for the
enforcement of all provisions of law or ordinance relating to markets, city
scales, sealing of weights and measures, consumption of smoke and the exam-
ination of stationary engineers and such other officers in the several depart-
ments hereby created as it may deem necessary for the good government of the
corporation and the full exercise of its corporate powers, and prescribe their
duties and fix their compensation. [90 L. L. 136.]
(1545-97) [Organization of council; removal of heads of depart-
ments.] The council shall, annually, at the time of its organization, elect a
president and vice-president from its own body, and may elect a sergeant-at-
arms and a page, who shall perform such duties belonging to their respective
offices as may be prescribed by ordinance and the rules of the council not in-
consistent with law. The council shall elect a city clerk, who shall appoint
his assistants, subject to the confirmation of the council. Except as herein.
provided the council shall exercise no power of election or appointment to any
office, but the council shall have the power by a three-fourths vote of all the
members elected to remove the heads of the departments hereinafter provided
for in this act. [90 L. L. 136.]
Compensation of council, see ? (1545—163) et seq.
(1545-98) [Power of council in investigations.] The council, or any
committee thereof authorized by it so to do, shall have power to compel the
attendance of witnesses and the production of books, papers and other evi-
dence, at any meeting of the council or of any committee thereof, and for that
purpose may issue subpoenas or attachments in any case of inquiry or investi-
gation, to be signed by the presiding officer of the council or chairman of
such committee, as the case may be, which shall be served and executed by
any officer authorized by law to serve the subpoenas and other process, and, if
any witness shall refuse to testify to facts within his knowledge, or to produce
any books or papers in his possession or under his control, the council shall
have power to commit the witness to prison for contempt. No witness shall be
excused from testifying touching his knowledge of the matter under investi-
gation in any such investigation or inquiry before the council or committee
thereof, or before any officer of the city having power to conduct any investi-
gation, but such testimony shall not be used against him in any criminal prose-
cution, except for perjury. [90 L. L. 136.]
That the last sentence of above is constitutional: see Brown v. Walker, 161 U. S. 591.
EXECUTIVE.
(1545-99) (Executive power; in whom vested.) The executive
power and authority of such cities shall be vested in the mayor, the heads of
departments hereinafter named and such officers as shall be created by law or
appointed by virtue of this act. [90 L. L. 136.]
(1545-100) [Mayor; police judge or clerk of police court.] There
shall be a mayor and police judge who shall be chosen by the electors in the
same manner, and for the same terms as now provided by law, and a clerk of the
police court who shall be chosen by the electors in the same manner as now pro-
vided by law, and shall serve for the term of two years, and shall receive as com-
pensation the sum of eighteen hundred dollars per annum. [90 L. L. 136.]
(1545-101) [Board of public works.] The board of public works
in such cities shall consist of four members, electors in such cities, and shall
as the terms of the present incumbents expire be appointed by the mayor.
The term of office of any member of said board so appointed by the mayor
shall not extend beyond the term for which the mayor so appointing him, is
741
Tit. XII,Div.1,Ch.2. SPECIAL GOVERNM’L ACTS.
Ş (1545-102).
elected. Members of said board shall also be the heads of departments as
hereinafter provided. The mayor shall at the time of the appointment of
each member of said board designate which of the four departments said.
member shall have charge of, as director, as hereinafter provided. Each
member of said board shall receive a salary of $3,000.00 per annum. Said
board shall be the successor of, and shall, except as herein otherwise provided,
have all the powers and perform all the duties vested in the board of public
works as heretofore established in such cities, and all laws and ordinances
relating to the board of public works shall apply to such board. [90 L. L. 136.]
(1545-102) [Meetings and votes.] It shall have stated meetings, at
least one each week, and shall keep a record of its proceedings. All votes
shall be by yeas and nays and entered on the record, and a vote of the ma-
jority of the members of the board shall be necessary to adopt any question,
motion or order. [90 L. L. 136.]
(1545-103) [Other departments.] There shall be the following de-
partments in such cities, to-wit:-
(1) Department of law.
(2) Department of accounts.
(3) Department of public safety.
(4) Department of public improvements.
There shall be a director of each of said departments who shall be ap-
pointed by the mayor except as hereinafter provided. Each of said directors
before entering upon the duties of his office shall give bond according to law
in the sum of $25,000, excepting, however, the director of accounts who shall
give bond according to law in the sum of $50,000. Such bonds to be approved
by the mayor and council. [90 L. L. 136.]
(1545-104) [Mayor's salary; absence of officers.] The mayor
shall receive a salary of $4,000 per annum, and no officer shall receive pay for
services when absent from the city more than two weeks at any time in any
year. [90 L. L. 136.]
(1545-105) (Duties of chief officers.] The mayor and heads of the
several departments shall devote their entire time to the duties of their re-
spective offices, and shall hold no other offices, either federal, state, county or
municipal, except as notary public or an officer of the militia, nor be an em-
ploye of any such office. They shall consult and coöperate in such way, not
inconsistent with law or ordinance, as to adopt and follow a systematic
method to secure the most economical purchase of supplies for all depart-
ments, at uniform rates throughout, and generally to secure the most efficient
economical administration of the affairs of the city throughout so far as it
may be in their power and under their authority. [90 L. L. 136.]
(1545-106) [Compensation of officers.] The compensation of all
officers shall be by stated salary, and fees and perquisites authorized by law or
ordinance shall be paid into the city treasury upon certificates of the director
of accounts, and unless otherwise provided shall be credited to the general
fund. [90 L. L. 136.]
(1545-107) [Forfeiture of office.] If any person holding any office.
mentioned in this act, or any employe of the city, shall receive any fee, pres-
ent or gift or emolument or share therein, for official services other than his
legal salary or compensation, he shall forfeit his office and shall be liable to
prosecution as provided in section 6900 of the Revised Statutes of Ohio, and
any such person or employe having accepted any pass or free transportation
from any railway company, including street railway companies, shall be deemed
as having accepted the same for official services and shall be liable to forfeiture
of office and prosecution as herein before provided. [90 L. L. 136.]
742
§ (1545—108).
SPECIAL GOVERNM'L ACTS.
Tit. XII,Div.1,Ch.2.
(1545-108) [Residence; citizenship and bonds.] All officers shall
be bona fide residents of the city and citizens of the United States, and except
where provision is otherwise made by law, they shall give bond in such sum
as the council shall prescribe. [90 L. L. 136]
(1545–109) [Removal for mixing in politics.] No officer or employe
of any department shall attend or be a member or delegate to any political
convention at which municipal officers are to be nominated, and in case any
such officer or employe shall violate this provision it shall be the duty of the
mayor or head of the appropriate department, as the case may be, to remove
such officer from office or discharge him from employment, but provided that
nothing herein contained shall apply to any officer or member of the police
force who may be detailed to attend such convention in the course of his duty.
[90 L. L. 136.]
(1545-110) [Removal for acting as agent.] No member of the city
council or mayor or other officer, clerk or employe of the city shall act as
agent or attorney for any person, company or corporation in relation to any
matter to be affected by action of the legislative or any other department or
officer of the city, and the violation of this provision shall be cause for re-
moval. [90 L. L. 136.]
(1545-111) [Appointment of subordinates.] Except as otherwise
provided in this act, all officers, clerks and employes of the several depart-
ments and subdivisions thereof, shall be appointed or employed by the head
of the department, except as herein provided. [90 L. L. 136.]
(1545-112) [Removal or suspension.] The head of any department
may, by written order, giving his reasons therefor, remove or suspend any offi-
cer or employe of such department. [90 L. L. 136.]
(1545-113) [Chief officers may make rules.] The heads of the sev-
eral departments may prescribe rules and regulations not inconsistent with
law for the government of their respective departments, the conduct of their
officers and employes, the distribution and performance of the business under
their charge, and the custody, use and preservation of the books, records, pa-
pers and property pertaining to their respective departments. [90 L. L. 136.]
(1545-114) [Shall furnish information to mayor.] The heads of
each department shall, upon request, furnish to the mayor or council any in-
formation desired in relation to its affairs. [90 L. L. 136.]
(1545-115) [Shall have seats in council.] The mayor and heads of
the several departments shall each have seats in the council, and the mayor
shall be entitled to take part in its proceedings and deliberations on all ques-
tions, and the heads of the departments shall be entitled to take part in its
proceedings and deliberations on all questions relating to their respective de-
partments, subject to such rules as the council shall from time to time pre-
scribe, but without the right to vote; and such officers may be compelled to
attend meetings of the council in the same manner as the members. [90 L. L.
136.]
(1545-116) [Semi-annual and annual reports.] In addition to the
duties now prescribed by law the mayor shall communicate to the council,
semi-annually, statements of the finances of the city and such other informa-
tion relating thereto as to the general condition of the affairs of the city as he
may deem proper or as may be required by the council. The mayor and each
of the heads of the departments shall, annually, as early as the first day of
December, make a certified statement of the receipts and disbursements of
their respective departments; which statement shall contain the names of all
employes in such departments and the amounts of the salaries paid to them.
Such statement shall be published in one issue of the newspaper or news-
743
Tit. XII,Div.1,Ch.2.
SPECIAL GOVERNM’L ACTS.
§ (1545—117).
papers having the contract for public printing for that year, and to be paid for
at the same rates as provided for other public printing. [90 L. L. 136.1
(1545-117) [Removal of appointee by mayor.] He may remove, at
his discretion, any director or other officer or employe appointed by him. The
order of removal shall be in writing and shall be entered on the record in his
office. [90 L. L. 136.]
(1545-118) [Examining committee.] He may at any time appoint
competent, disinterested persons not exceeding three in number, not more than
two of whom shall be of the same political party, and whose compensation
shall be fixed by council by ordinance, to examine, without notice, the affairs
of any department, officer or employe, and the result of such examination
shall be recorded in his office and also transmitted by him to the council
without delay. [90 L. L. 136.]
(1545-119) [Mayor's power in emergency.] In case of emergency,
for a period not exceeding five days, and longer if so authorized by the council,
the mayor may at his discretion assume entire control and direction of the fire
and police forces of the city and exercise all the powers conferred upon the
fire and police departments in relation thereto. [90 L. L. 136.]
(1545-120) [Mayor's clerk.] The mayor shall have a clerk to be ap-
pointed by himself, who shall receive compensation as the council shall pre-
scribe by ordinance, and said private clerk shall act as secretary of the board
of public works herein before provided. [90 L. L. 136.]
(1545-121) [Monthly consultations; eligibility for re-election.] The
mayor shall call together the heads of departments for consultation and advice
upon the affairs of the city a least once a month, and at such meetings he may
call on them for such reports as to the matters under their management and
control as he may deem proper. No person shall be eligible to the office of
mayor for more than four years in any period of six years. [90 L. L. 136.]
DEPARTMENT OF LAW.
(1545-122) [Director of law for city and in police court and as a
substitute for mayor if absent.] Within ten days after the next annual
municipal election by the electors of such cities, the mayor of such cities shall
appoint a successor for the member of such board whose term then expires,
which person so appointed shall be an attorney at law admitted to practice in
the courts of Ohio. He and his successors shall also have charge of the depart-
ment of law and shall be known as the director of law, and in addition to the
duties devolving upon him as member of the board of public works he shall
be the legal adviser of and act as attorney and counsel for all the officers of
such cities in the matters relating to their official duties. He shall prepare all
contracts, bonds and other instruments in writing in which the city is con-
cerned, and shall indorse on each his approval of the form and correctness
thereof, and no contract with such city or any of its departments shall take
effect until he has indorsed thereon such approval. He shall also perform
such other duties as are prescribed by law or ordinance for solicitors in cities of
the first grade of the second class. Such director of law shall have all the
powers and perform all the duties of the prosecuting attorney of the police
court in cities of the first grade of the second class, and may detail and dele-
gate one or more of his assistants to act as prosecuting attorney of the police
court; and the office of police prosecutor in cities of the first grade of the
second class is hereby abolished.
α. In the absence or disability of the mayor the director of law shall act
in his stead, performing all the duties incident thereto except the removal or
appointment of heads of departments; provided, however, that the said director
744
§ (1545-123).
SPECIAL GOVERNM'L ACTS. Tit. XII,Div.1,Ch.2.
of law may fill vacancies occasioned by action of the city council during pro-
longed or permanent disability of the mayor. [90 L. L. 136.]
(1545-123) [His assistants and clerks.] The director of law shall
appoint such assistants and clerks as may be authorized by ordinance, and
he and such assistants shall be attorneys at law, admitted and qualified to
practice in the courts of the state of Ohio. [90 L. L. 136.]
(1545-124) [Incumbents; vacancies.] The members of such board
whose terms do not expire at the time of the next municipal election, held after
the passage of this act, shall continue in office until the expiration of the term
for which they have been respectively elected or appointed. Whenever the
office held by any such member by reason of the expiration of his term or
from any cause becomes vacant, such vacancy shall be filled by appointment
by the mayor. [90 L. L. 136.]
DEPARTMEnt of ACCOUNTS.
(1545-125) Director of accounts; his deputy.] Any member of
the board of public works whose term of office expires one year next after the
first municipal election after the passage of this act, shall from and after such
election, until his term of office shall expire, assume the duties of director of
accounts, as herein provided, in addition to the duties devolving upon him as
member of such board, and shall be known as the director of accounts. And
the office of auditor in such cities shall, upon the appointment and qualifica-
tion of such person, be at once abolished.
a. The director of accounts may appoint a deputy, who, in the absence or
disability of said director, may perform every and any duty of the director
of accounts, except the appointment or removal of clerks or employes of said
department. [90 L. L. 136.]
(1545-126) [His duties; reports; forfeiture of salaries.] It shall
be the duty of the director of accounts to keep accurate accounts of all taxes
and assessments, and of all moneys due to, and of all the receipts and dis-
bursements made by the city, or in its behalf, and of all appropriations made
by the council, and of all assets and liabilities of the city. He shall, at the
end of each fiscal year, and oftener if required by the council, audit accounts
of the several departments and officers, and shall audit all other accounts in
which the city is concerned, and shall prescribe the form of accounts and re-
ports to be rendered to his department, and shall have the inspection thereof.
Detailed reports shall be made by each department to the director of accounts,
showing the receipts of all moneys by such department and the disposition of the
same. Such report shall be made at any time or times the director of accounts
may designate. If any officer or employe of such city shall fail or neglect to
make such required report within a reasonable time he shall forfeit his salary
for the month in which such failure occurs, and it is hereby made unlawful
for the director of accounts to draw his warrant upon the treasurer for the pay-
ment of the same. [90 L. L. 136.]
To audit accounts and inspect records of clerk of justice court in, see ? 621d.
(1545-127) [Warrants to be approved.] No warrant for the pay-
ment of any claim shall be issued by the director of accounts until such claim
shall have been approved by the head of the department for which the indebt-
edness was incurred, and every head of department and his sureties shall be
liable to the city for all loss or damage sustained by it by reason of the neg-
ligent or corrupt approval of any claim against the city in his department.
[90 L. L. 136.]
(1545-128) [Examination of claims.] Whenever a claim shall be
presented to the director of accounts he shall have power to require evidence
that the amount claimed is justly due and is in conformity to law and ordi-
745
Tit. XII, Div.1,Ch.2. SPECIAL GOVERNM’L ACTS.
§ (1545—129).
nance, and for that purpose he may summon before him any officer, agent or
employe of any department of the city, or any other person, and examine him
upon oath or affirmation relative thereto, which oath or affirmation he may
administer. [90 L. L. 136.]
(1545-129) [No money paid without appropriation.] No money
shall be drawn from the treasury except in pursuance of appropriations made
by the council, and whenever an appropriation is made by the council the
clerk shall forthwith give notice thereof to the director of accounts and treas-
No appropriation shall be made for a longer period than until the end
of the current year, and at the end of each year all unexpended balances of
appropriation shall revert to the respective funds from which the same were
appropriated. [90 L. L. 136.]
urer.
(1545-130) [Liability for illegal warrants.] If the director of
accounts shall draw a warrant for any claim contrary to law or ordinance,
he and his sureties shall be individually liable for the amount of the same.
[90 L. L. 136.]
(1545-131) [Accounts of ex-officers.] He shall, upon the death,
resignation, removal or expiration of the term of any officer, audit the ac-
counts of such officer, and if such officer be found indebted to the city he
shall immediately give notice thereof to the council and the corporation
counsel and the latter shall proceed forthwith to collect the same. [90 L.
L. 136.]
(1545-132) [Annual report.] He shall make to the mayor annually,
and to the council whenever required, a report of the accounts of the city,
verified by his oath, exhibiting the revenues, receipts, disbursements, assets
and liabilities of the city, the sources from which the revenues and funds are
derived and in what manner the same have been disbursed, which report shall
be published as required by law or ordinance. [90 L. L. 136.
(1545-133) [Other duties.] He shall perform such other duties as
are prescribed by law or ordinance for directors of accounts or comptrollers in
cities of the first grade of the second class not inconsistent with the provisions
of this act. [90 L. L. 136.]
DEPARTMENT OF PUBLIC SAFETY.
Board of public works and city council of, to provide offices for justices, etc., in, see
? 621c.
(1545-134) [Director of public safety.] Any member of the board
of public works whose term of office expires two years next after the first
municipal election after the passage of this act shall, from and after such elec-
tion, until his term of office expires, assume the duties of director of public
safety as herein provided in addition to the duties devolving upon him as
member of such board; and shall be known as the director of public safety.
[90 L. L. 136.]
(1545-135) [Powers; divisions of department.] The police force
of the city, the officers, employes and property connected therewith, police
telegraphs, telephones and signals, sealing of weights and measures, city scales
and markets; the inspection of food and all matters relating to the public
health, the fire force of the city, the officers, employes and property connected
therewith, the fire telegraph, signals, fire alarm, the inspection of buildings,
boilers, elevators and fire escapes, all the provisions of law or ordinance relat-
ing to the examination, regulation and licensing of stationary engineers and
the consumption of smoke and all matters relating to the fire service, and all
charitable institutions established by said city shall be under the management,
control and administration of this department.
There shall be the following subdivisions in the department of public
safety, to wit:
First. A division for the care and management of the police, of which
746
$ (1545-136).
SPECIAL GOVERNM'L ACTS.
Tit.XII,Div.1,Ch.2.
division there shall be a chief officer to be called the superintendent of the
police force.
Second. A division for the care and management of fire, of which divi-
sion there shall be a chief officer to be called superintendent of the fire depart-
ment.
Third. A division having the care and management of the infirmary and
all charitable institutions established by the city, and of all improvements
relating to the public health, of which division there shall be a chief officer to
be called the superintendent of health and charities. [90 L. L. 136.]
(1545-136) [Police force.] The director shall appoint the superin-
tendent of the police force, and within the limit prescribed by the council such
other officers and patrolmen as in his opinion the public interests require, sub-
ject to the provisions of section 5 (§ 1545-93) of this act, under and in pursuance
of rules and regulations providing for the ascertaining of the comparative fit-
ness of all applicants for appointment or promotion, by a systematic, open and
competitive examination of such applicants, which rules and regulations it
shall be the duty of the mayor and the head of the department to make and
submit to the council within sixty days after the second Monday of April,
1893, and annually thereafter, and when approved by the council they shall
be promulgated and enforced as permanent rules, and shall only be changed in
the manner herein provided for their adoption. He may, at his discretion,
appoint any such patrolman on probation and discharge any patrolman thus
appointed within six months of the date of his appointment; provided, that
if demanded by the patrolman so discharged, the cause of his discharge shall
be assigned to him in writing by the director. He may in cases of emergency,
by and with the consent of the mayor, appoint such number of special patrol-
men as may be deemed necessary, which appointments shall be recorded and
be subject to the action of the council at its next meeting; and during their
service such special appointees shall possess the powers to perform the duties of
regular patrolmen, and shall receive such compensation as may be fixed by
the council by ordinance for a period not exceeding five days, unless author-
ized by law or ordinance. [90 L. L. 136.]
(1545-137) [Detail for special duty.] The director may detail such
officers or members of the police force for special detective duty as he may
think the public interest requires, and the person so detailed shall receive for
such services such compensation as the council may prescribe, and may at
any time be reassigned by the director to the duty in the rank from which
they were detailed. [90 L. L. 136.]
(1545-138) [Process of and order in police court.] All process of
the police court shall be directed to the superintendent of police and shall be
executed by any person appointed for the purpose by the director, and the
director shall appoint from the members of the force such number of suitable
persons as may be necessary to attend the sittings of, preserve order in and
execute all process and orders of the police court, and such persons shall be
the special deputies of the superintendent of police. [90 L. L. 136.]
For process on offenses committed outside of city, see ? (7161-1).
(1545-139) [Other powers.] Except as herein otherwise provided,
the powers and duties heretofore vested in the board of police commissioners,
the poor department and the board of health are hereby vested in the director
of public safety, and all the provisions of law pertaining to the said police,
poor and health department shall apply to the department of public safety
and be administered by the director thereof. [90 L. L. 136.]
(1545-140) [Powers as to fire apparatus.] Subject to the provisions.
of this act in reference to contracts, the director of public safety shall purchase
all the necessary fire engines, either steam or hand, hose carriages and all such
other apparatus and instruments as shall be deemed necessary for the extin-
747
Tit.XII,Div.1,Ch.2.
SPECIAL GOVERNM'L ACTS.
§ (1545-141).
guishing of fires, and establish lines of fire-alarm telegraph within the limits
of the corporation, and shall cause to be erected all necessary and suitable
buildings for containing fire engines, hose carriages, fire apparatus and engines.
[90 L. L. 136.]
(1545-141) [Fire force.] The officers and members of the fire force
shall be appointed by the director of public safety, subject to the provisions of
section 61545-94) of this act, but from and after the passage of this act no such
appointment or any promotion in such force shall be lawful except in cases of
emergency, unless made under and in pursuance of rules and regulations provid-
ing for the ascertaining of the comparative fitness of all applicants for appoint-
ment or promotion by a systematic, open and competitive examination of such
applicants, which rules and regulations it shall be the duty of the mayor and
the head of the department to make and submit to the council within sixty
days after the second Monday of April, 1893, and annually thereafter, and
when approved by the council they shall be promulgated and enforced as per-
manent rules, and shall only be changed in the manner herein provided for
their adoption; provided, that no officer or member of said force shall be ap-
pointed until such rules and regulations have been promulgated except to fill
any vacancy caused by death or resignation. [90 L.L. 136.]
(1545-142) [Inspector of buildings.] The director of public safety
may appoint an inspector of buildings, who shall be an architect or builder,
and who shall have all the powers and perform all the duties now prescribed
for the inspector of buildings in cities of the first grade of the second class.
And he may also appoint an inspector of plumbing and gas fitting, who shall
be a skilled plumber and gas fitter and who shall have such powers, perform
such duties and receive such compensation as the council may by ordinance
prescribe. [90 L. L. 136.]
DEPARTMENT OF PUBLIC IMPROVEMENTS.
Board of public works and city council of to provide offices for justices and clerks, etc.,
see ? 621c.
(1545-143) [Director of public improvements.] Any member of the
board of public works whose term of office expires three years next after the first
municipal election after the passage of this act shall, from and after such elec-
tion until his term of office expires, assume the duties of director of public im-
provements as herein provided, in addition to the duties devolving upon him as
member of such board, and shall be known as the director of public improve-
ments. [90 L. L. 136.]
(1545-144) [His deputy.] The director of public improvements may
appoint a deputy, who, in case of the absence or disability of said director,
may perform every and any duty of the director of public improvements ex-
cept the appointment or removal of officers. [90 L. L. 136.]
(1545-145) [Powers.] Except as otherwise provided in this act, the
director of public improvements shall have the care, management and admin-
istration of the water-works, shall fix the rates to be charged therefor, and
collect the same, shall have the care of streets, avenues, alleys, highways, public
grounds, parks, and the opening, improving, repairing and cleaning of the
same; shall have charge of the construction, protection and repair of public
buildings, bridges and structures of every kind; of sewers, drainage and dredg-
ing; of making and preserving all surveys, maps, plans, drawings and estimates
relating to the public work under the charge of said department; and of all
matters and things in any way relating to or affecting the highways, footways
and waterways; provided, that nothing in this act shall be construed to affect
in any manner the control, management or tenure of any lands that may have
been donated to such cities for park or other purposes. The director of public
improvements shall have the supervision and the exclusive control of the
lighting of the streets, alleys, avenues and public places and buildings of the
748
§ (1545—146).
SPECIAL GOVERNM'L ACTS. Tit. XII.Div.1,Ch.2.
corporation, and may at any time, when in his judgment the best interests of
the corporation will be subserved, advertise for proposals for lighting the same
for a term, said advertising to be in accordance with the provisions of section 4
(§ 1545-92) of this act; and he shall contract with the lowest responsible bidder
to perform such contract, or may reject any or all such proposals or bids, and for
the faithful performance of any such contract, may demand such security as he
deems proper; or may, if authorized by ordinance of the city council, establish
an electric light plant for the purpose of lighting the city. [90 L. L. 136.]
(1545-146) [Same.] Except as otherwise provided in this act all
the powers heretofore vested in and performed by the trustees of water-works,
trustees of cemeteries, park commissioner, street commissioner, platting com-
missioners and civil engineer, in cities of the first grade of the second class,
shall be vested in and performed by the director of public improvements, and
all laws pertaining to the matters, the administration of which is by this act
vested, shall apply to said department and be enforced by the director thereof.
[90 L. L. 136.]
(1545-147) [Subdivisions of the department.] There shall be the
following subdivisions in the department of public improvements, to wit:
First. A division having the care and management of the water-works
and all property connected therewith, the supply and distribution of water,
fixing the rates therefor and collection of water rents, of which division there
shall be a chief engineer to be called the superintendent of water-works.
Compare a later act, ? (1545-196).
Second. A division having charge of the repairing, cleaning and lighting
of streets, avenues, alleys, highways, public grounds and catch basins, of
which division there shall be a chief officer to be called the superintendent of
streets.
Third. A division having charge of the opening, improving of streets,
avenues, alleys, highways and public grounds, the construction, protection,
repairing of public buildings, bridges, sewers and structures of every kind
under the administration of this department; of making and preserving all
surveys, maps, plans, drawings and estimates relating to the public work under
the charge of said department, and of all matters and things relating to or
affecting the highways and footways. There shall be a chief officer of said.
division to be called the chief engineer. [90 L. L. 136.]
OTHER OFFICERS AND BOARDS.
(1545-148) [Police judge and clerk of police court; powers and
duties.] The police judge and the clerk of the police court shall have such
powers and perform such duties as are now prescribed by law. [90 L. L. 136.]
(1545-149) [Equalizing, taxing and sinking fund boards.] The
annual city board of equalization, the decennial board of equalization, the
board of tax commissioners and the sinking fund commissioners shall continue
as now established by law, except that all vacancies in said boards and all suc-
cessors to the present incumbents shall, upon the expiration of their terms of
office, be appointed by the mayor. The director of accounts shall be the sec-
retary of the tax commissioners and of the sinking fund commissioners and
keep the minutes of their proceedings. But the salary of the director of
accounts shall cover all services rendered or to be rendered by him in his sev-
eral capacities and separate salaries shall not be fixed or paid to him for serv-
ices in his several capacities. [90 L. L. 136.]
CONTRACTS.
(1545-150) [Street cleaning; no contract without appropriation.]
The council shall make all suitable provisions by ordinance for the cleaning
of streets and alleys, except in such cases as now provided by law, and such
#
749
Tit. XII,Div.1,Ch.2.
SPECIAL GOVERNM'L ACTS.
§ (1545–151).
work to be so done shall be done under the direction of the board of public
works and the director of public improvements, except for street improve-
ments. No contract, agreement or obligation shall be binding upon the city
unless an appropriation therefor shall have been made by the council, but
contracts pending for a period of one year, upon which payments are to be
made as the work progresses as per contract, may be entered into by such
cities, provided a tax has been levied to pay estimated expenditures required
by such contract and that the same does not exceed the tax levied for that
purpose; and in such case the certificate of the director of accounts as pro-
vided in section 2702 of the Revised Statutes, shall only be required to state
the amount of the levy and that the same is sufficient to pay such expenditures
and has not been appropriated for any other purpose. [90 L. L. 136.]
(1545-151) [Execution and approval of contract.] All contracts
shall be in writing, signed and executed in the name of the city by the head
of the appropriate department and approved by the board of public works,
by a yea and nay vote before they are binding upon the city. [90 L. L. 136.]
(1545–152) [Contracts for under $500.] No contract involving an
expenditure to exceed $500 in amount shall be made without advertising for
proposals in accordance with the next following section of this act. When
money therefor has been already appropriated by the council, the heads of
departments may contract for and make purchases not exceeding $250.00 at
any one time for use in their respective departments, but all such contracts
shall be forthwith reported to the director of accounts; said report shall state
accurately in detail regarding same, embracing to whom and the prices to be
paid. [90 L. L. 136.]
(1545-153) [Contracts for over $500; how made.] When the
corporation makes a contract for printing, an improvement or repair, or pur-
chase any supplies, the cost of which will exceed $500.00, it shall proceed as
follows:
a. It shall advertise for bids for a period of two weeks, as herein provided.
b. The bids shall be filed with the clerk of the board of public works,
sealed up, by 12 o'clock at noon of the last day, as stated in the advertisement.
c. The bids shall be opened at 2 P. M. on the last day for filing the same,
by the clerk of the board of public works, the mayor and the head of the
appropriate department, or any two of them, and publicly read by the officer
opening the same, filed in the office of the board of public works, and reported
by the clerk to the board of public works at the next regular meeting there-
after, and copies of all bids shall be kept by the clerk in a book provided for
that purpose.
d. Each bid shall contain the full name of every person interested in the
same, and shall be accompanied by a sufficient bond of some disinterested per-
son or persons, residents of the county, or a certified check on a solvent bank
of such city, for such an amount and upon such terms as may be prescribed
by the officer or officers advertising for proposals, that if the bid is accepted
the contract will be entered into and the performance of it properly secured.
e. If the work bid for embraces both labor and material, they shall be so
separately stated, with the price thereof.
f. None but the lowest responsible bid shall be accepted, when such bids
are for material and labor separately. But the board of public works may, at
its discretion, reject all the bids or accept any bid which may be the lowest
aggregate cost.
The contract shall be between the corporation and the bidder, and the
corporation shall pay the contract price for the work in cash, provided, how-
ever, that the contract price for an improvement, for the payment of the cost.
750
§ (1545-154).
SPECIAL GOVERNM'L ACTS.
Tit. XII,Div.1,Ch.2.
of which a special assessment is authorized by law, may be paid in instal-
ments, as the board of public works may determine.
h. If two or more bidders are equal for the whole or any part of the work,
but are lower than any others, either may be accepted, but in no case shall the
work be divided between them.
i. When there is reason to believe that there is a collusion or combination
among the bidders, or any number of them, the bids of those concerned therein
shall be rejected; provided, that in case of an emergency, or upon the recom-
mendation of the mayor, the board of public works may, by resolution, au-
thorize an expenditure not exceeding $1,000 without complying with the pro-
visions of this section. [90 L. L. 136.]
(1545-154) [Contracts to be based on estimates.] Every contract
for a public improvement or repair shall be based upon a detailed estimate of
the cost of the whole improvement or repair. [90 L. L. 136.]
(1545-155) [No officer to be interested.] No contract for work to
be done, for, or material to be supplied to, the city or any department thereof
shall be made with any councilman, officer or employe of the city, or with any
firm, partnership, corporation or association of which such councilman, officer,
employe, is a member, or director, manager or employe during the term for
which he shall have been elected or appointed, or for one year thereafter, and
any such councilman, officer or employe who knowingly acquires an interest
in any such contract shall forfeit his office. [90 L. L. 136.]
GENERAL.
(1545–156) [Co-defendants in action against city: lien of judg-
ment.] Whenever an action is brought against the city on a claim for which
the city would have a right of action over against another person, company or
corporation, such other person, company or corporation may be made co-de-
fendants therein, together with the sureties on the bond of such person, com-
pany or corporation, if there be any, and the city may file in such action a
copy of the bond; and such person, company, corporation and sureties may
make any defense to such claim that the city may make and shall be liable to
pay the judgment, if any, rendered therein against the city; and judgment
may also be rendered in the same action against such person, company, cor-
poration and sureties or either thereof, and said judgment shall be a lien upon
the real estate of such person, company, corporation and sureties for the same
in favor of the city, from the date of filing the copy of the bond aforesaid. [90
L. L. 136.]
(1545-157) [Reorganizations of departments.] For the purpose of
properly carrying out the provisions of this act the council shall enact ordi-
nances providing for the reorganization of the several departments of the
city so as to conform to the requirements of this act. All the executive pow-
ers and duties not heretofore otherwise distributed, shall be assigned by ordi-
nance, to the appropriate departments hereby created. [90 L. L. 136.]
(1545-158) [First appointments.] The first appointments under this
act shall be made as soon as practicable after the election and qualification of
the mayor, elected at the next annual municipal election. [90 L. L. 136.]
(1545-159) [Incumbents.] Except as hererein otherwise provided,
all existing officers, boards and departments in such cities are hereby abol-
ished. Provided, however, that all officers of such cities of the first grade of
second class in office shall remain in their respective offices until the appropri-
ate officers under this act shall have been elected or appointed, as the case may
be, and shall have been duly qualified. [90 L. L. 136.]
751
Tit. XII,Div.1,Ch.2.
SPECIAL GOVERNM'L ACTS.
S (1545-160).
(1545-160) [Exceptions.] This act shall not be construed as apply-
ing to or affecting the board of elections, justices of the peace, constables or
assessors. [90 L. L. 136.]
(1545-161) [Chief officer's liability for exceeding appropriation.]
If any head of a department contracts any liability beyond the amount appro-
priated for such department by ordinance of the city council, he and his
bondsmen shall be individually liable to the city for the amount of such ex-
cess, and it shall be unlawful for the director of accounts to draw a warrant
upon the city treasury for the payment of the salary of such head of depart-
ment until such excess is made good by such head of department. Provided,
however, that the city council may, by a vote of three-fourths of all the mem-
bers elected thereto, waive the exaction of such liability. [90 L. L. 136.]
That so
(1545-162) [Repeals; prior ordinances; park lands.]
much of an act entitled "An act to create a board of public works in, and
making certain changes in the government of cities of the first grade of the
second class," passed April 3d, 1890, and all parts of said act that are incon-
sistent with this act be and the same are hereby repealed in so far as they
may be applied to cities of the first grade of the second class; and any and
all sections of said act that may hereafter come in conflict with this act shall,
when said conflict occurs, be repealed in so far as such section or sections may
apply to cities of the first grade of the second class. That so much of an act
entitled "An act to provide for the police court in cities of the first grade of
the second class and to amend sections 1797, 1814 and to supplement section.
1785," passed March 2d, 1891, and all acts and parts of acts inconsistent with
this act be and the same are hereby repealed in so far as they may apply to
cities of the first grade of the second class; that all ordinances of such cities
of the first grade of the second class heretofore adopted which may be in con-
flict or inconsistent with the provisions of this act be and the same are hereby
set aside, repealed and held for naught. Provided, that nothing in this act
shall be construed to affect in any manner or control the management or tenure
of any lands that may have been donated to such cities for parks or other
purposes, and provided further, that nothing in this act shall be construed to
affect or interfere with the term of any incumbent in office except of cities of
the first grade of the second class. [90 L. L. 136.]
(1545-163) [Compensation of councilmen.] Councilmen in cities
of the first grade of the second class shall be paid the sum of five dollars ($5.00)
per night for each regular or special session thereof attended by such council-
men, provided that no councilman shall receive as pay for such attendance
more than two hundred and fifty dollars in or during any fiscal year. Pro-
vided, however, that no councilman shall receive pay for his services as such
for any such regular or special session thereof, unless he be present during
such entire regular or special session of such council and during the entire
session of any adjournment thereof and respond to the call of his name upon
the roll call, which shall be made at the beginning and immediately before
the adjournment of such session, and said compensation shall be in full for
any regular or special session of said council and any adjournment thereof.
[90 L. L. 167.]
(1545-164) [Same.] Said payments shall be made monthly and
shall be provided for by ordinance setting forth the names of the councilmen
entitled thereto, and the meetings attended by them, and the amounts to
which they are entitled. Before the passage of such ordinance, the clerk of
said city shall indorse thereon his certificate, certifying that the names,
meetings and amounts therein specified are correct, and he and his bonds-
men shall be personally liable for any incorrectness in such certificate. [90
L. L. 167.]
(1545–165) [Membership; residence; vacancy and oath of council-
men.] The councils in cities of the first grade of the second class shall con-
752
S (1545-166).
SPECIAL GOVERNM'L ACTS.
Tit. XII,Div.1,Ch.2.
sist of one member from each ward into which the territory of the city may
be divided. Each member shall be a resident of the ward from which he is
elected, and a change of residence of such member from such ward shall va-
cate the office of such member. The vacancy in the membership of such councils.
may be filled in the manner prescribed by law. Each member shall take the
oath of office and shall hold his office for the term of two years, and until his
successor shall be elected and qualified. [91 v. 847.]
For Columbus sewer farm, see ? (2406-108) et seq.
COLUMBUS BOARD OF PUBLIC WORKS,
This act (passed April 3, 1890) is largely repealed by the foregoing, see ? (1545-162),
but the present board of public works receives the powers of this board by ?(1545—101).
?? (1545-196) to (-200) were passed since the governmental act.
Duty under act providing for cleaning, etc., streets, etc., in Columbus, see ? (2314-15a)
et seq.
Board of public works and city council of, to provide offices for justices, etc., see § 621c.
(1545-166) [Creating board of public works for Columbus.] In
cities of the the first grade of the second class there shall be a board of public
works, composed of four members electors of such cities. [87 v. 151.]
(1545-167) [How selected; vacancies.] Such board shall be chosen
in the first instance by the mayor, of such cities: one member of which shall
serve for one year, one for two years, one for three years, and one for four years;
and thereafter a successor of the member of such board whose term expires
shall be chosen at the annual municipal election, by the electors of such cities,
to serve for the term of four years, and the members of such board shall serve
until their successors are chosen and qualified. Vacancies in such board shall
be filled by the mayor for the unexpired term; provided, that in the selection
of the members of said board, in the first instance, not more than three mem-
bers therof shall belong to the same political party. [87 v. 151.]
(1545-168) [Bond.] Each member of such board of public works
shall give bond with at least three sureties, to the satisfaction and approval of
the mayor, in the sum of twenty-five thousand dollars ($25,000), conditioned
for the faithful performance of his duties, which sureties shall each be required
to take an oath that he is worth the amount of the bond above all liabilities.
[87 v. 151.]
(1545-169) [Duties and compensation.] The members of the board
shall devote their entire time and attention to the duties of the office, and
shall each receive as compensation, a salary of three thousand dollars ($3,000)
per annum; and each member of the board shall personally supervise the
cleaning, lighting, repairing and improvements of the streets, alleys, avenues,
lanes, public wharves and landings, market-houses and spaces, bridges, sewers,
drains, ditches and culverts, in one of the districts into which such cities may
be divided. [87 v. 151.]
(1545-170) [Meetings.] The board shall hold daily meetings, and
three shall constitute a quorum for the transaction of business; the ayes and
nays shall be called and entered upon a journal upon the passage of every res-
olution or order of any kind; and no resolution or order of any kind shall be
adopted unless three votes are recorded in its favor. [87 v 151.]
(1545-171) [Records.] The board shall keep a complete record of all
its proceedings; and a copy from its records, certified by the clerk, shall be
competent evidence in all courts. [87 v. 151.]
(1545-172) [To have seats in council.] The members of the board
shall have seats in the council and be entitled to take part in its proceedings
and deliberations on all questions relating to matters under their charge, sub-
ject to such rules as the council shall from time to time prescribe, but without
the right to vote. [87 v. 151.]
753
Tit.XII,Div.1,Ch.2.
SPECIAL GOVERNM'L ACTS.
§ (1545-173).
(1545-173) [Appointments.] The board may appoint and employ a
city civil engineer for the term of three years, and such superintendents, clerks,
laborers and other persons as it may deem necessary for the execution of its
duties, and fix their salaries and compensations; and any of such persons who
are not appointed for designated terms, may be removed by the board at any
time. The board may require a bond from any of its appointees with sureties
to its satisfaction. [87 v. 151.]
(1545-174) [Board supersedes what other boards; powers of
board.] The board of public works shall have all the powers which in other
cities are vested in and devolve upon the trustees of the water-works, the board
of improvements, the commissioners of sewers, the park commissioners, the
platting commission and the board of fire commissioners in cities of the second
grade of the first class, and city commissioner as superintendent of streets and
highways, as provided in the Revised Statutes and the amendments thereto
relating to those matters, and shall be governed by the rules prescribed by law
for the government of those boards and officers when not inconsistent with
provisions of this act. Members of the board of water-works and of the board
of park commissioners in such cities of the first grade of the second class, in
office when this act takes effect, shall hold their offices until ten days after the
members of said board of public works shall have been chosen or appointed
and qualified, whereupon their offices, as members of such board, shall cease and
determine. In cities of the first grade of the second class, no election for the
members of the board of trustees of water-works shall be held, nor members
of such board, after the passage of this act, elected, such board with respect to
such cities being hereby abolished. [87 v. 151.]
(1545-175) [Elective, etc., officers; those created by council
abolished. The officers of cities of the first grade of the second class, except
as provided in this act, shall consist of a mayor, a solicitor, who shall be
chosen by the electors of the corporation, an auditor, who shall be chosen as
hereinafter provided, and a city clerk, who shall be chosen by council. All
officers in cities of the first grade of the second class heretofore created by
ordinance of the council shall cease and determine at the expiration of ten
days after the selection and qualification of said board of public works; and
said council shall not, after the passage of this act, have or exercise the power
of creating any office or of fixing the term and compensation of any office ex-
cept city clerk. [87 v. 151.]
(1545-176) [Sealer of weights and measures.] The board may ap-
point a sealer of weights and measures, define his duties and fix his term of
office and compensation. [87 v. 151.]
(1545—177) [Market-masters.] The board may appoint such num-
ber of market-masters as it may deem necessary, define their duties and fix
their term of office and compensation. [87 v. 151.]
(1545-178) [Contracts.] When the board deems it advisable to
make a contract for the execution of any work, or the purchase of material
for matters under its charge, a careful estimate shall be made of the cost of
such work or material. [87 v. 151.]
(1545-179) [What expenditures must be recommended by board.]
In all cases where assessments are to be made or where the estimated cost of
any work or material exceeds five hundred dollars, the board shall transmit to
council, with its recommendations, a resolution or ordinance, as the case may
be, authorizing the execution of such work, or the purchase of such material at
a cost not to exceed the amount of the estimate which shall be transmitted.
[87 v. 151.]
(1545-180) [Contract for municipal advertising; offices for board
and departments.] The board shall have the power to make yearly contracts
49
754
§ (1545-181).
SPECIAL GOVERNM'L ACTS.
Tit. XII,Div.1,Ch.2.
for the municipal advertising with two newspapers, of opposite politics, pub-
lished in such city, and when such contracts are made, all ordinances, resolu-
tions and notices required by law to be published, shall be published in
the newspapers with which such contracts are made. The board shall provide
suitable offices for the transaction of its business, and for the various depart
ments and officers of such cities; and provide, by contract, for furnishing nec-
essary furniture, blank books, instruments, implements and stationery for the
needful and proper discharge of official duties. [87 v. 151.]
(1545-181) [Advertisement and award of contracts.] Upon the
passage by council of the resolution or ordinance contemplated by section four-
teen (§ 1545-179), it shall be the duty of the board to advertise for proposals
in accordance therewith, for a period of at least ten days, in one or more of the
newspapers of general circulation in the city for sealed proposals to do the work,
or furnish the material required; and the board shall award the contract to the
lowest responsible bidder, or reject all bids; but no contract shall be awarded
to any bidder the cost of which shall exceed the estimate transmitted to coun-
cil. [87 v. 151.]
(1545-182) [Who to execute contracts.] The presiding officer of
the board shall execute all contracts in the name of the city and file them in
the office of the board. [87 v. 151.]
(1545-183) [Liabilites: how created, etc.] No member of the
board, or other person, whether in the employ of the board or otherwise, shall
have the power to create any liabilities on account of the board, or the funds
under its control, except by the express authority of the board, conferred at a
meeting thereof duly and regularly convened. [87 v. 151.]
(1545-184) [Members and employes not to be interested in con-
tracts.] No member, officer, or employe of the board shall be directly or in-
directly interested in any contract or work of any kind whatsoever, under its
direction, and any contract or work in which any such person has an interest
shall be void; and it shall be the duty of any person having knowledge or in-
formation of the violation of this section forthwith to report the fact to the
board, and the board shall give reasonable notice to the parties interested, and
at the earliest convenient day investigate the same, and hear evidence offered
on both sides. [87 v. 151.]
(1545-185) [Investigations.] The board shall have power in such
case to compel the attendance of witnesses and the production of books and
papers, and the presiding officer shall have authority to administer necessary
oaths. [87 v. 151.]
(1545-186) [Member not to sit in his own investigation.] If a
member of the board be involved in any such charge, he shall not again sit or
vote in the board until the result of the investigation is determined, an-
nounced, and entered on the minutes of the board; the majority of the board
not involved shall be sufficient to decide the questions, and if an officer or
employe of the board be found upon such inquiry, to have violated any of
the foregoing provisions, such finding shall at once operate as a dismissal of
such officer or employe. [87 v. 151.]
(1545-187) [When contracts void.] If a contract made or author-
ized by the board be found to violate any of the foregoing provisions, it shall
at once become void and of no effect, and no money shall be paid for services
rendered or material furnished under the same. [87 v. 151.]
(1545-188) [Contractor must state as to who interested with him.]
No money shall be paid, at any time, to any person claiming under a contract
with the board, until such person files with the board his statement, under
oath, disclosing the names of all persons directly or indirectly interested in the
contract or in the proceeds or profits thereof, declaring that no person other
755
Tit. XII,Div.1,Ch.2.
SPECIAL GOVERNM'L ACTS.
(1545-189).
than those named are interested, and that no person forbidden by this chapter
has any interest in the same. [87 v. 151.]
(1545-189) [Work done without contract.] In cases where the
board makes contracts without the approval of the council, it may, in its dis-
cretion, purchase the necessary material, and employ the necessary overseers
and hands to do the work, and council may, in special cases, on recommenda-
tion of the board, authorize any work, no part of which is to be paid by
assessment, to be done in the same manner. ~ [87 v. 151.]
(1545–190) [Alterations of contracts.] When it becomes necess-
ary in the opinion of the board, in the prosecution of any work, to make alter-
ations or modifications in the specifications or plans of a contract, or to omit
from said work any portion of the street or territory originally ordered to be
improved, such alterations, modifications or omissions, may be made by order
of the board; provided, such order shall be of no effect until the price to be
paid for the work under such altered or modified contract has been agreed
upon in writing, and signed by the contractors and some person authorized
thereunto by the board; and provided, further, the total cost shall not exceed
the original contract. [87 v. 151.]
(1545-191) [Assessments after contract altered.] In all cases of
changes made by said board under the last preceding section, the said board
shall have the power to make and levy such assessments upon the property abut-
ting the improvement actually made, or specially benefited thereby, as if the
improvement made were the same as that originally ordered; provided, if
such alteration or modification consists solely in omitting from said improve-
ment any portion of the street or territory originally ordered to be improved,
in every such case, where the improvement was theretofore ordered by council to
be assessed upon property abutting upon or benefited by the improvement,
the assessment so charged upon the property shall not exceed the assessment
which would have been chargeable if no portion of said improvement origi-
nally ordered had been omitted. [87 v. 151.]
(1545-192) [Assessment actions if contract altered.] Whenever
it shall appear in an action for the recovery of any such assessment, or to
enjoin the collection thereof, that such assessment does exceed the assessment
which would have been chargeable if no portion of said improvement origi-
nally ordered had been omitted, the court may thereupon determine what
amount should properly have been assessed by said board of public works
after such change in the contract, and render judgment enforcing the collection
of the amount properly assessable, or enjoining the collection of any greater
amount as the nature of the case may require. And in such cases the court
shall make such order for the payment of costs as may be deemed equitable
and proper. [87 v. 151.]
(1545-193) [No extra payment on altered contract.] No contractor
shall be allowed anything for extra work caused by any alteration or modifi-
cation, unless an order is made, or agreement signed, as provided in section
twenty-five (§ 1545-190), nor shall he, in any case, be allowed more for such
alteration than the price fixed by such agreement. [87 v. 151.]
(1545-194) [Improvements must be recommended by board.] No
ordinance or resolution authorizing any improvement shall be passed by
council except upon the recommendation of the board. [87 v. 151.]
(1545-195) [Grants in streets must be approved by board.] No
grant of the use of a street or highway in any such city for the purpose of a
street or other railroad, or an extension thereof or for any other purpose what-
soever, shall be made or renewed unless first recommended by the board; nor
shall any such street or highway be used for supplying gas or water, or be
756
§ (1545—196).
SPECIAL GOVERNM'L ACTS.
Tit. XII,Div.1,Ch.2.
broken up or obstructed for any purpose or on any pretense whatever, unless
permission be first given by the board, and attested by its clerk in writing,
nor shall a resolution or ordinance or payment of money in settlement of
claims for unliquidated damages be passed, nor any binding agreement for
such settlement be made by the council, unless the payment or settlement of
such claim be first recommended by the board; nor shall any property used
or to be used for purposes under the control of the board, or for the use of any
such city, be purchased, leased or disposed of without such recommendation
being first made; and any such measure required to originate in the board
which is altered, changed or amended in any particular, before taking effect,
shall be concurred in by said board. [87 v. 151.]
(1545-196) [Water-works revenues and contracts.] The revenues
of the water-works shall be expended by said board, and contracts for water-
works purposes shall be made by it only. [90 L. L. 164; 87 v. 151.]
(1545-197) [Further jurisdiction.] It shall be the duty of the board
of public works to supervise the sprinkling, cleaning and repairing of the
streets, alleys, avenues and lanes, the cleaning of the public wharves and
buildings, market houses and spaces, bridges, sewers, drains, ditches, culverts,
ship channels, streams and water courses of the corporation, and the planting
and caring for shade trees in the streets, avenues and lanes, under the control
of the city; the board, whenever in its judgment the best interests of the city
will be subserved, may advertise for sealed proposals to perform the work of
sprinkling, or cleaning, or planting or caring for shade trees in any street,
avenue, alley or lane, or designated part thereof, or any number of such streets,
avenues, alleys or lanes, or parts thereof, or any part of the work aforesaid, in
some newspaper of general circulation, within such cities for a period of ten
days, and shall contract with the lowest responsible bidder to perform such.
contract; provided, that the price or prices named in said proposals and con-
tract shall be separately stated as to each street, avenue, alley or lane or part
thereof, therein included, and for the faithful performance of the same may
demand such security as in its judgment it deems proper, or may reject any or
all such proposals or bids. [90 L. L. 150; 88 v. 323; 87 v. 151.]
Providing for cleaning, etc., streets, etc., in Columbus, see ?? (2314—15a) et seq.
(1545-198) [Assessment for cleaning, sprinkling or planting trees.]
It shall be the duty of the board of public works immediately after the exe-
cution of any contract for repairing or sprinkling, or cleaning or sprinkling
and cleaning any of the streets, alleys, avenues or lanes of said city, or for
planting and caring for shade trees therein as above provided, to recommend
to council for passage an ordinance charging the whole of the cost and expense
of the work and labor and material as provided for in said contract, or such
part thereof as may be necessary after applying the proper funds of the corpo-
ration thereto, upon the lots and lands abutting upon such street or streets,
avenues, alleys or lanes between the points named in said contract, to be esti-
mated by the foot front of said property to be charged and assessed; provided,
that the total sum so assessed against the lots and lands bounding or abutting
on any such street, avenue, alley or lane, shall be for work and material there-
on only, including intersections, at the price or prices named in the proposal
and contract for such street, avenue, alley or lane, and also provided, that
such proportion thereof as may be for planting or caring for shade trees may
be levied and assessed against the lots and lands bounding or abutting upon
such street, avenue, alley or lane, in proportion to benefits accruing thereto;
and the said ordinance when so passed by council shall charge the amount
therein stated upon said lots and lands as above directed, and shall prescribe
how and to whom the said assessment shall be payable, which may be in one
or more instalments, and the contractor named in the said contract may be
named in the ordinance aforesaid as the agent of the city to collect the said
757
Tit. XII,Div.1,Ch.2.
SPECIAL GOVERNM'L ACTS.
§ (1545—199).
assessments; provided, that at no time shall the said contractor receive a state-
ment of assessments for collection as aforesaid, or be in any manner authorized
to collect any part of said assessments in excess of the amount then due him
for work already completed under his said contract, and unless there shall first
have been filed with the board of public works a statement, in writing, by
the superintendent of street cleaning, or other officer having similar duties,
that the said contract has been fully complied with by the said contractor.
[90 L. L. 150; 88 v. 323.]
(1545-199) [Assessments certified for tax duplicate.] Upon fail-
ure to collect any part of the assessment aforesaid, there shall be filed with
the board of public works a statement of the said unpaid assessments, verified
by affidavit, that diligent effort has been made to collect the same, and it
shall thereupon be the duty of the said board of public works to cause the
said unpaid assessments to be certified to the auditor of the proper county
to be placed upon the duplicate and collected as other taxes. [90 L. L. 150.]
(1545-200) [Assessment fund and payments therefrom.] The said
assessments shall, as the same are collected, be placed to the credit of a sepa-
rate fund for the exclusive use for which it was assessed, and shall be paid out
upon the warrant of the city auditor, which shall be issued upon vouchers
duly approved by the board of public works. [90 L. L. 150.]
(1545-201) [Lighting.] The board of public works shall supervise
and have exclusive control of the lighting of the streets, alleys, avenues and
public places and buildings of the corporation, and may at any time, when in
its judgment the best interests of the corporation will be subserved, advertise
for proposals for lighting the same for a term not exceeding five years, in some
newspaper of general circulation within the corporation, for a period of twenty
days, and shall contract with the lowest responsible bidder to perform such
contract, or may reject any or all such proposals or bids, and for the faith-
ful performance of any such contract, may demand such security as it deems
proper. [87 v. 151.]
(1545—202) [City auditor, how chosen; term, salary; bond, etc.]
There shall be in cities of the first grade of the second class, an auditor, who
shall be chosen or appointed in the first instance by the mayor, of such cities,
for the term of three years, or until his successor is elected or appointed and
qualified, and thereafter, upon the expiration of such term, a successor shall
be, at a regular municipal election, elected by the electors of such cities for
the term of three years. The auditor shall receive a salary of three thousand
dollars ($3,000), per annum, payable out of the city treasury, and vacancies in
such office shall be filled by the mayor until the next annual municipal elec-
tion, at which election a successor shall be elected by the electors for the bal-
ance of the unexpired term. The auditor shall give a bond to the satisfation
and approval of the mayor, in the sum of fifty thousand dollars, conditioned
for the faithful performance of his duties. [87 v. 151.]
For the successor of this officer see? (1545—125).
(1545-203) [Powers and duties or auditor.] The auditor shall have
all the powers and perform all the duties conferred or imposed upon auditors
in cities of the second and third grades of the first class by section seventeen
hundred and sixty-five (1765) of the Revised Statutes. It shall further be the
duty of the auditor to keep accurate accounts of all taxes and assessments,
and of all moneys due to, and of all receipts and disbursements made by the
city, and of all assets and liabilities, and he shall have power to prescribe the
form of reports and accounts to be rendered to his department, and the form
and method of keeping the accounts of all other city officials or employes, and
When-
shall have at all times the inspection and revision of such accounts.
ever any claim shall be presented to the auditor he shall have power to require
758
§ (1545—204).
SPECIAL GOVERNM'L ACTS.
Tit. XII,Div.1,Ch.2.
evidence that the amount claimed is justly due and is in conformity to law or
ordinance, and for that purpose he may summon before him any officer, agent
or employe of any department of the city, or any other person, and examine
him or her, upon oath or affirmation, relative thereto. The auditor shall, at
any time, upon request of the mayor or council, make such report, touching
upon the financial condition of the city as a whole or of any of the depart-
ments or accounts of the city. If the auditor shall draw a warrant for any
claim contrary to law or ordinance, he and his sureties shall be individually
liable for the amount of the same to the holder thereof. He shall audit the
accounts of the several departments, the accounts of all officers and all other
accounts in which the city is concerned. Detailed daily reports shall be made
by every department of such cities to the auditor, showing receipts of all
moneys by such departments, respectively, and the disposition of the same.
The auditor may appoint such clerks and assistants as may be necessary to the
proper conduct of his office, subject, however, to the confirmation of the board
of public works, which board shall fix the compensation of such clerks and
assistants. [87 v. 151.]
(1545-204) (Register of warrants on treasury.] The auditor shall
issue warrants on the treasurer for all moneys payable out of the treasury on
account of the city, and shall keep a register of all such warrants, showing
the number, date of issue, the amount drawn for, in whose favor and on what
fund. [87 v. 151.]
(1545-205) (Clerk sinking fund trustees.] The auditor shall be
ex-officio clerk and secretary of the trustees of the sinking fund and of the
tax commission of such cities, without compensation for such services. [87 v.
151.]
(1545-206) [Inspector of buildings.] The board shall appoint an
inspector of buildings, who shall be an architect or builder, and an inspector
of plumbing, and fix the term of office, salary and bond of such officers, and
prescribe their duties. [87 v. 151.]
(1545-207) [What building acts applicable.] The act of February
28, 1888, entitled "an act to regulate the construction of buildings within
any city of the first class and first grade, and to provide for the appointment
of an inspector of buidings, and to repeal an act passed March 21, 1887," shall
apply, so far as possible, to cities of the first grade of the second class, except
that the power of appointment conferred by said act shall be exercised by the
board of public works, as provided in the last preceding section. [87 v. 151.]
[Repeals of acts and ordinances; exception as to lands for parks, etc.]
That all acts and parts of acts inconsistent or in conflict with the provisions
of this act be and the same are hereby repealed in so far as they may apply to
cities of the first grade of the second class; that all ordinances of such cities
of the first grade of the second class heretofore adopted, which may be in con-
flict or inconsistent with the provisions of this act, be and the same are
hereby set aside, repealed and held for naught; that the office of city commis-
sioner, as superintendent of streets and highways in such cities of the first
grade of the second class be and the same is hereby abolished. Provided, that
nothing in this act shall be construed to affect in any manner the control,
management or tenure of any lands that may have been donated to such cit-
ies for park or other purposes, and provided, further, that nothing in this act
shall be so construed as to affect or interfere with the term of any incumbent
in office, except in cities of the first grade of the second class. [87 v. 151.]
See end of ? (1545--162).
759
Tit. XII,Div.1.Ch.2. SPECIAL GOVERNM’L ACTS.
SPRINGFIELD.
§ (1545—208).
This act "supplemental to Title XII, Rev. Stat. of Ohio, to provide for a government
for cities of the second class, third grade a (Springfield), and to amend ?? 1546, 1548," etc.,
was passed March 23, 1891, 88 v. 159.
Section 1 amends the various sections of Rev. Stat.-That part relating to cities of
second class, third grade a, begins at 2 as follows.
As to constitutionality of this act see State v. Gardner, 54 O. S. 24, 32, and compare State v. Baker, 55 O. S. 1.
(1545-208) [Police and fire board.] In cities of the second class,
third grade a all powers and duties connected with and incident to the
appointment, regulation, government and control of the police force and of
the city prison, patrol and station houses, shall be vested in a board of police
and fire commissioners, consisting of four electors of said city, appointed by
the mayor not more than two of whom shall at any time be members of the
same political party. The first appointment of the members of said board
shall be made on the last Monday of April, 1897, respectively for the term of
one and two years, the members appointed for one year to be of different
political parties, and thereafter two members shall be appointed annually on
the last Monday of April for the term of two years. And all members shall
hold their office until their successors are appointed and qualified, and they
shall receive no salary or compensation for their services. [92 v. 688; 88 v. 161.]
(1545-209) [Organization of board.] The members of the board of
police and fire commissioners shall meet within ten days after the first appoint-
ment therein, and within ten days from the last Monday of April annually
thereafter, at the office of the board of police and fire commissioners of said
city, and organize by electing one of their number president, by ballot, and
the clerk of the police court of such cities shall act as the secretary of the
board of the police and fire commissioners, and shall receive no additional
salary or compensation for such services. If they fail to elect a president
within two hours after meeting, the president shall be chosen by lot. The
mayor shall have power to fill all vacancies for an unexpired term. [92 v. 688;
88 v. 161.]
(1545-210) [Police force.] The board of police and fire commission-
ers shall, within thirty days after its organization, appoint a police force and
officers thereof, pursuant to the provisions of this act; the present police force
and the officers thereof, in such cities, shall continue as such until the appoint-
ment and qualification of such new force and officers. The police force of
said city shall comprise a chief of police, an assistant chief of police, and not
exceeding one patrolman for each fifteen hundred inhabitants; and a reserve
police force not exceeding one patrolman for each fifteen hundred inhabitants,
who shall be subject to the same regulations as the regular force, and shall, when
upon duty, have the same powers and privileges, and perform the same duties,
and receive the same compensation, pro rata, while on duty, as the regular
force, and shall receive no compensation for the time they are not assigned for
duty. Such reserve force, or any member thereof, shall be assigned to duty by'
the board of police and fire commissioners only in case of emergency or special
necessity, which emergency or special necessity shall be stated upon the min-
utes of the board. [88 v. 161.]
par-
(1545-211) [Same.] The qualifications, enumeration and distribu-
tion of the duties of each member and officer of the police force shall be
ticularly defined and prescribed by rules and regulations of the board of police
and fire commissioners. Each member and officer of the police force and
each appointee of the board in any capacity shall be an elector of the city in
which he was appointed, and be able to read and write the English language
understandingly. No person shall be appointed a member or officer of the
760
§ (1545-212).
SPECIAL GOVERNM’L ACTS. Tit.XII,Div.1,Ch.2.
police force unless he is well known to be a man of sobriety and integrity
and has been and is an orderly law-abiding citizen. No man shall be ap-
pointed an officer or member of the police force who has been convicted of
any felony or who has been convicted of any misdemeanor within three years
previous to his appointment, or has been engaged in any unlawful calling or
has pursued any calling in a manner forbidden by law. All appointees on
the police force hereunder shall serve during the pleasure of the board. [92 v.
688; 88 v. 161.]
(1545-212) [Charges against members and trial.] Any person
may prefer charges, which shall be signed by the person making same,
against an officer or member of the police force, which charges shall be filed
in the office of the secretary of the board, and be by him communicated with-
out delay to the board of police and fire commissioners, whose duty it shall
be to investigate and decide upon said charges. It shall be the duty of the
mayor, whenever probable cause appears, to prefer charges against any mem-
ber or officer of the force, whom be believes to have been guilty of any con-
duct justifying his removal or punishment in the interest of the public order.
In any case where charges have been made against an officer or member of the
force, the board may suspend from duty, or from both pay and duty, the offi-
cer or member against whom such charges have been made; and such sus-
pended member or officer shall not be placed upon duty or allowed pay after
suspension therefrom, pending the action of the board upon such charges.
Within three days after the filing of such charges, the board shall proceed to
hear and examine the same. All charges shall be taken as denied, and the
hearing shall be summary and without pleading, and the action of the board
thereon shall be final. A record of charges and findings shall be made by
the board, and kept in their office. The board shall have power to, and shall
issue subpoenas attested in the name of the acting president of the board, to
compel the attendance of witnesses, and by its president or secretary to ad-
minister oaths and affirmations, and generally shall, for the purpose of such
hearing, have and exercise the powers and duties of justices of the peace in
civil cases, so far as the same are applicable. If on such hearing the charges.
are sustained, the officer or member of the force shall pay the costs of such
proceeding, and the same may be deducted and withheld from his pay. No
officer or member of the police force who has been found guilty and discharged,
shall ever be eligible for reappointment to the force in any capacity whatever,
unless it shall be afterwards proved to the board that their decision was erro-
neous, and that, in fact, he was not guilty of the offense for which he was dis-
missed. [88 v. 161.]
(1545-213) [Salaries of police and fire force.] The salaries of the
officers and appointees shall be fixed by the board of police and fire commis-
sioners within such limits as may be prescribed by ordinance of council and
shall be paid monthly to the persons entitled thereto. [92 v. 688; 88 v. 161.]
(1545-214) [Policemen not to accept gifts, etc.] No officer or
member of the police force shall, for his own benefit, under any pretense what-
ever, receive or share in any present, fee, gift or emolument for public services,
other than the regular salary and pay, except by the consent of the board and
chief of police, publicly given; nor shall any officer or member share in or re-
ceive any fee, gift or reward, from any person who may become bail for any
arrested, accused or convicted person, or who may become surety for any such
person on error to the judgment or decision of any court or magistrate, or any
fee, gift or reward, in any case from an attorney at law who may prosecute or
defend any person arrested or prosecuted for any offense; nor shall any such
officer or member, either directly or indirectly, interest himself or interfere in
761
Tit. XII,Div.1,Ch.2.
SPECIAL GOVERNM'L ACTS.
§ (1545-215).
any manner whatever in the employment of any attorney to aid in the defense
of any person arrested or accused; and for any violation of either of the fore-
going provisions, the person or persons so offending shall be immediately re-
moved from the police force. [88 v. 161.]
(1545-215) [Meetings of board.] Meetings of the board of police
and fire commissioners, for the transaction of business, shall be held at their
office upon some particular days to be designated by them, and at such other
times as two of said commissioners shall call a meeting of said board, by a
written notice filed with the secretary of the board, whose duty it shall be
forthwith to notify the other members of said board of the time of such meet-
ing. A majority of the board shall be a quorum for the transaction of busi-
ness; and it shall require the affirmative vote of a majority of the board to
pass any measure or authorize any act by the board. [88 v. 161.]
(1545-216) [Powers of board; mayor to have charge in riot.] The
board of police and fire commissioners shall possess full power and authority
over the police organization, government, appointments and discipline within
such city, and shall have possession and control of all property, books, records
and equipments belonging to the police department or under the control of the
police authorities. And the board may procure all such equipments for the rapid
transportation of the police from one point to another in such places within
the city limits as for the purpose of police the board may deem necessary, and
shall have power to erect and maintain all such lines of telegraph or other
when-
means of communication as for said purposes the board deems necessary,
ever the council authorizes the procuring of said equipments for transporta-
tion, or establishment of such telegraph line or lines, or other means of com-
munication, and provides for the cost thereof. In case of riot or insurrection,
or any like emergency within said city, which in the judgment of the mayor
requires the intervention of the police force, he shall have power to call out
the whole force, and control the same and the officers thereof, during the emer-
gency; and in case of any emergency in such city, which, in the judgment of
the board requires a temporary increase of the members of the police force, the
board shall have the power to appoint as many other patrolmen or officers as it
may deem necessary, to serve as long as such emergency exists, not exceeding
five days. The compensation of such patrolmen or officers shall not exceed
that provided for patrolmen or officers of the regular force, and payment there-
of shall be provided for by the board of police and fire commissioners. [88
v. 161.]
(1545-217) [Duties of mayor and board.] It shall be duty of the
mayor, the board of police and fire commissioners and of the police force here-
by constituted, at all times of the day and night, within the boundaries of the
city, to preserve the public peace, prevent crime, arrest offenders, protect the
rights of persons and property, guard the public health, preserve order, remove
nuisances existing in public streets, roads, places, and highways, report all
leaks or other defects in water-pipes and sewers to the proper authorities, to
provide a proper force at every fire, in order that thereby the firemen and prop-
erty may be protected, to protect strangers and travelers at railway stations,
and generally to obey and enforce all ordinances of the city council and crimi-
nal laws of the state and of the United States. [88 v. 161.]
(1545-218) [Oath and bond of policemen.] Each officer and member
of the police force, and employe of the board, before entering upon the discharge
of his duties, shall take an oath before the mayor, who is hereby empowered to
administer the same, well and faithfully to discharge the duties of his office,
which oath shall be subscribed by the person taking it, and shall be filed and
preserved in the office of the police and fire commissioners. The chief of
police shall give bond for the faithful discharge of his duties, in the sum of
three thousand dollars, to be approved by the board, which bond shall be filed
762
§ (1545-219).
SPECIAL GOVERNM'L ACTS. Tit. XII,Div.1,Ch.2.
with the secretary of the board, and thereafter, under the direction and control
of the board, such chief of police shall have command and control of the police
force of such city. The assisstant chief of police shall give a bond in the sum
of one thousand dollars; and each regular patrolman and employe shall give a
bond in the sum of five hundred dollars. Each of said bonds shall require
the approval of the board of police and fire commissioners, shall be conditioned
according to law and shall be filed in the office of said board, duly approved,
before the person giving the same shall enter upon the discharge of his duties.
[88 v. 161.]
(1545-219) [Duties of chief of police.] The chief of police shall
execute all processes to whomsoever directed by the judge of the police court,
and shall, by himself or an officer of the police force, to be by him designated,
attend on the sittings of the police court, execute the orders and processes
thereof, and preserve order therein; he shall have the same powers, perform the
same duties, and be subject to the same responsibilities, as are imposed on the
marshal by chapter 3, division 5, title 12, of the Revised Statutes of Ohio.
[88 v. 161.]
(1545-220) [Duties of police force.] The police and officers thereof
under the direction of the board of police and fire commissioners, or other
proper officer, shall suppress all riots, disturbances, and breaches of the peace;
pursue and arrest any person fleeing from justice, in any part of the state;
apprehend any and all persons in the act of committing an offense against the
laws of the state or the ordinances of the corporation, and forthwith bring such
person before the police court, or other competent authority, for examination;
and shall at all times diligently and faithfully enforce all such laws, ordinances,
and regulations for the preservation of good order and the public welfare, as
the council may ordain, and for such purpose they shall have all the power of
constables. [88 v. 161.]
(1545—221) [Arrest of law-breakers.] The members of the police
force may, upon view, arrest any person who may be guilty of a breach of the
ordinances of the corporation, or of a crime against the laws of the state, and
may, upon reasonable information, supported by affidavit, procure process for
the arrest of any person who may be charged with a breach of any of the ordi-
nances of the corporation. [88 v. 161.]
(1545-222) [Rules; publication of manual.] The commissioners.
shall cause to be prepared a convenient manual, containing a compend of all
rules and regulations which the police force is required to obey, and such
instructions as shall aid them in the intelligent discharge of their duty. It
shall be the duty of every member and officer of the force to make himself
acquainted with the directions contained in the manual, and in every way to
become familiar with all duties of his position. The chief of police shall be
especially charged with the duty of instructing officers and members of the
force in their duties, and from time to time examining them as to their
knowledge of the requirements of their position. It shall furthermore, be the
duty of the board of police and fire commissioners, at least twice in each
year to require the examination and inspection of the entire force, and for
this purpose the board shall appoint one of the police and fire commissioners
an examiner to assist the chief of police in such general examination. [88 v.
161.]
(1545-223) [Police insurance fund.] Fifteen per cent. of all rewards,
fees, proceeds of gifts, and emoluments may be allowed by the board of police
and fire commissioners to be paid, or given, on account of extraordinary
services of a member of the police force, all unclaimed money, the proceeds
arising from the sale of unclaimed property, and one-third of the moneys
763
Tit. XII,Div.1,Ch.2.
SPECIAL GOVERNM'L ACTS.
(1545-224).
received by the board from all sources whatever, the disposition of which is
not otherwise provided for in this act, all witness fees allowed members or
officers of the police force in the criminal court or before the grand jury of the
county, and all fines imposed by the board of police and fire commissioners
upon officers or members of the force, shall be paid into the city treasury, and
shall constitute the police life and health insurance fund; and the persons
who from time to time constitute the board of police and fire commissioners
of such city, together with two members of the police force to be elected by
the members of said force on the first Tuesday of January of each year,
except the first election, which shall take place ninety days after the first
regular meeting of the board of police and fire commissioners, shall consti-
tute and are hereby declared to be trustees of said fund; and the acting presi-
dent of the board of police and fire commissioners shall be the president of
the board of trustees hereby created, and the secretary of said board of police
and fire commissioners shall be the secretary of said board of trustees, and it
is hereby made his duty to keep a record of the proceedings of said board of
trustees, and of all action taken by it with regard to the fund, and with regard
to the members of said police force; and said board of trustees shall have
power, for the purpose of investment, to draw such fund from the treasury, on
the warrant of the president of said board of trustees, countersigned by the
secretary, and to invest the same in interest-bearing bonds of the United
States, the state of Ohio, or of the city wherein said board is situate, and shall
make reports to the city council of the condition of the fund on the first day
of March of each year. [88 v. 161.]
(1545-224) [Benefits thereof.] When an officer or member of the
police force, in the performance and in consequence of the performance of offi-
cial duty, becomes bodily disabled, his necessary expenses during such dis-
ability may be paid from the said "police life and health insurance fund," at
the discretion of said board of trustees of said fund; and said board shall in-
quire into the circumstances, and, if satisfied the charge upon the fund is
correct, may order the same to be paid, which shall be done by the draft of
the trustees upon the fund, and such draft, when signed by a majority of the
trustees, shall be countersigned by the secretary, and paid out of said fund by
the city treasurer. The board of trustecs shall by warrant drawn as last
above provided, within thirty days after the death of any officer or member
of the police force who has been killed while in the execution of his official
duty, or who has died in consequence of injuries received while in the execu-
tion of his official duty, pay the sum of five hundred dollars to his widow or
minor children, or if there be no widow or minor children then to such per-
son or persons as were dependent upon the deceased for support; but if there
be no such dependent person then no money shall be paid from the fund on
account of such deceased member, except a sum not to exceed one hundred
and fifty dollars to be used to defray the funeral expenses. [88 v. 161.]
(1545-225) [Private patrol.] The board of police and fire commis-
sioners may, on the application of any person who shows the necessity thereof,
appoint any number of private patrolmen to do duty at any place within the
city at the charge and expense of the person by whom the application is made;
and the patrolman [patrolmen] so appointed after being sworn shall be subject
to the orders of the board of police and fire commissioners, and shall obey the
rules and regulations of said board, and conform to its general discipline, and
to such other special regulations as may be made, and shall wear such dress or
emblem as the board may direct, and during their term of holding appoint-
ment they shall possess all the powers and privileges and perform all the du-
ties of the patrol force herein prescribed; provided, that the party so applying
for such appointment shall first pay into the "police life and health insurance
764
§ (1545—226).
SPECIAL GOVERNM'L ACTS.
Tit.XII,Div.1,Ch.2.
fund," the sum of five dollars for such private patrolman appointed; and pro-
vided, further, that the persons so appointed may be removed at any time by
the board of police and fire commissioners without assigning cause therefor.
[88 v. 161.]
(1545-226) [Expense of police.] The necessary costs and expenses
of providing for, and the maintenance of the police department hereby created,
shall be a city charge. [88 v. 161.]
(1545-227) [Police fund.] The board of police and fire commission-
ers shall prepare and submit to the board of public affairs, on or before the
first day of March in each year, an estimate of the cost and expenses of pro-
viding for and maintaining the police department of such city for the ensuing
fiscal year, which estimate shall be in detail; and the taxes levied by council
for maintaining the police department, when collected, shall be paid into the
city treasury, and styled "the police fund," and shall be drawn therefrom for
police purposes only, under the regulations of this act. All costs and ex-
pense of every nature of providing for and maintaining the police department
of such city shall be paid out of said "police fund," as hereinafter provided.
[88 v. 161.]
(1545-228) [Payment from.] All moneys to be paid to any person
out of the "police fund" shall be paid only on the order of the board of
police and fire commissioners, certified to the city clerk by the secretary of
said board, provided that the secretary of the board, under such rules and
regulations as may be adopted by the board, may certify an order, approved
by the board, to the city clerk in his own favor, for the aggregate amount due
the officers and employes of the board, and dispense the money received, upon
warrants issued by the clerk, to pay the claims of the officers and employes
on the pay-rolls, taking receipts therefor. [88 v. 161.]
(1545-229) [Immunities of police.] No person holding office under
appointment by the board of police and fire commissioners shall be liable to
military or jury duty, or to arrest on civil process while actually on duty.
[88 v. 161.]
(1545-230) [Uniforms.] Every officer and member of the police
force while on duty, shall wear a uniform, to be prescribed by the board of
police and fire commissioners. [88 v. 161.]
(1545-231) [Ineligibility to any other office.] Any commissioner
who, during the term of his office, accepts any other place of public trust or
emolument, or who, during the same period being nominated for an office
elective by the people, fails publicly to decline the same, within five days suc-
ceeding his nomination, shall be deemed thereby to have vacated his office as
commissioner, and the mayor shall appoint a successor. And no officer or
member of the police force shall be a candidate for or hold any elective office,
or shall be a delegate to any political convention, or take part in any primary
election or caucus except to cast his vote. Any interference by any officer or
member of the police force in elections or conventions for or against any polit-
ical party or candidate, or the candidacy of any officer or member of the force
for an elective office, shall require his dismissal from the force by the commis-
sioners. [88 v. 161.]
(1545-232) [Superintendent of city and his assistant.] The board
of police and fire commissioners shall appoint a superintendent of the city
prison, an assistant superintendent of the city prison, and shall employ such
persons as may be necessary to the proper care of the prison. The superin-
tendent and assistant superintendent shall have the same qualifications and
powers as policemen in such cities, shall serve during the pleasure of the
board, shall have charge and control of the city prison and the prisoners there-
765
Tit. XII, Div.1,Ch.2. SPECIAL GOVERNM’L ACTS.
§ (1545-233).
in, under such rules and regulations as the board may prescribe, and shall
each receive such salary as may be allowed by the board, not exceeding an
amount to be fixed by ordinance of council. [88 v. 161.]
(1545-233) [Care of prisoners.] The board of police and fire com-
missioners shall cause the city prison to be kept clean and made comfortable
for the inmates thereof and shall provide food, sustenance, medical attention,
and necessary supplies for the proper care of all persons confined therein; and
shall cause to be kept, in books provided for that purpose, a detailed account
of all the expenses so incurred, and a record in which shall be entered the
full name and the nationality of every person confined therein, the time of
his or her arrest, the offense charged, the name and residence of complainant,
memorandum of articles taken from person when searched, the name of the
officer or policeman making the arrest, which entries shall be made and attested
by the officer in charge of the prison at the time such person is received
thereat, and said record shall be open to the inspection of the mayor, officers
of the police force, members of the board and such persons as may obtain a
written permit from the president thereof. [88 v. 161.]
(1545-234) [Control of fire department.] In cities of the second
class, third grade a, the management and control of the fire department shall
be vested in a board of police and fire commissioners, which board shall have
power to purchase all necessary supplies, horses, engines and apparatus for
the department, and to make necessary repairs to the houses, engines or appa-
ratus belonging to the department; but said board shall have no power to in-
cur any liability on behalf of such city beyond the amount levied and set
apart to their order by the city council, and all claims on account of the de-
partment shall be approved by the board, and when so approved, the same
shall be certified by the president and secretary, to the city clerk. [88 v. 161.]
(1545-235) [Contracts for over $500.] At least ten days' notice
shall be given in some newspaper of general circulation in the city, of the re-
ception of proposals for the performance of any contract exceeding five hundred
dollars in amount; such contracts shall be awarded to the lowest and best bidder
who furnishes satisfactory security for the performance of the same, provided,
however, that the board may reject all bids, and all contracts exceeding five
hundred dollars shall be subject to the approval of council. [88 v. 161.]
(1545-236) [Officers and members of fire force.] The board shall
appoint an executive officer to be known as the chief of the fire department,
who shall have active management of the department in service, and a super-
intendent of fire-alarm telegraph, and also, such members and employes as it
may deem necessary, who shall serve during the pleasure of the board. [88
v. 161.]
(1545-237) [Salaries of same.] The board shall fix the salaries of
all officers, members and employes of the fire department within such limits
as may be prescribed by ordinance of council; the board shall prescribe the
duties of the officers, members and employes of the department, and from time
to time, make such rules for the government of the force as may be found
necessary. [88 v. 161.]
(1545—238) [Fire-alarm telegraph.] The fire alarm telegraph at-
tached to the fire department, shall be under the control and subject to the
regulations of the board. [88 v. 161.]
(1545-239) [Fire wardens and assistant.] The chief and assistants
shall act as fire wardens, under the direction of the board, and shall have power
to enter and examine any building in which fire is used, and may condemn
the same if it be considered dangerous to the public safety; and whenever
complaint is made of the dangerous condition of any building or part thereof,
766
§ (1545-240).
SPECIAL GOVERNM'L ACTS. Tit. XII,Div.1,Ch.2.
it shall be their duty to immediately examine into the same, and cause the
proper measures to be taken to put it in a safe condition. [88 v. 161.]
(1545-240) [Board of public affairs.] In cities of the second class,
third grade a, there shall be a board of public affairs composed of four mem-
bers, electors of such cities, appointed by the mayor, not more than two, of
whom shall at any time, be members of the same political party. The first
appointment of the members of said board shall be made on the last Monday
of April, 1897, respectively for the terms of one and two years, the members
appointed for a term of one year to be of different political parties, and there-
after two members shall be appointed annually on the last Monday of April
for the term of two years. Two of said members, no more than one of whom
shall at any time belong to the same political party, shall be appointed and
designated as active members of said board, and devote their entire time and
attention to the duties of the office, and shall receive as compensation a salary
of twelve hundred dollars per annum, payable in monthly instalments. Two
of the members of said board, no more than one of whom shall at any time
belong to the same political party, shall be appointed and designated as ad-
visory members thereof, and each shall receive as compensation a salary of
three hundred dollars per annum, payable in monthly instalments, and no ex-
pense or other compensation will be allowed any of the said board. Vacancies
shall be filled by the mayor for the unexpired term, and no one related to the
mayor shall be eligible to membership on said board. The active members
shall personally supervise and superintend the construction of all improve-
ments made by order of the board, and all labor performed for it, and no person
or persons shall be employed by the board as superintendents of any such im-
provement or work. [92 v. 689; 88 v. 161.]
(1545-241) [Oath and bond of members.] Each member of such
board of public affairs before entering upon the discharge of his duties shall
take the oath prescribed for municipal officers, and shall give bond, to the ap-
proval of council and the city solicitor, conditioned for the faithful performance
of his duties and the proper distribution of and accounting for all moneys.
coming into his hands in his official capacity, in the sum of twenty-five
thousand dollars, with not less than three sureties, who shall each be required.
to take an oath that he is worth the amount of the bond above all liabilities,
which bond shall be filed with and recorded by the clerk of said city. [88
v. 161.]
(1545-242) [Organization.] The members of the board of public
affairs shall meet within ten days after the first appointment herein, and
within ten days from the last Monday of April annually thereafter, at the
office of the board, and organize by electing by ballot one of their number as
president and one of their number as vice-president, and if they fail to do so
within two hours after their meeting, such officers shall be chosen by lot.
[92 v. 689; 88 v. 161.]
(1545-243) [Meetings and vote.] The board shall hold regular
meetings, at stated times, as often as its duties may require and at least once
in every week; three members shall constitute a quorum for the transaction
of business; upon the passage of every resolution or order of any kind the
yeas and nays shall be called and entered upon the records of its proceedings,
and no resolution, order, appointment or business transaction shall be valid
unless three votes are cast and recorded in its favor. [88 v. 161.]
(1545-244) [City clerk to be its clerk.] The clerk of the city shall
be clerk also of the board of public affairs and shall keep a complete record of
all its proceedings; and a copy from its records, certified by the clerk, shall
be competent evidence in all courts. [88 v. 161.]
See end of ? 1755.
1
767
Tit.XII,Div.1,Ch.2.
SPECIAL GOVERNM'L ACTS.
§ (1545—245).
(1545-245) Members of board to have seats in council.] The
members of the board shall have seats in council, and be entitled to take
part in its proceedings and deliberations on all questions relating to matters
under their charge, subject to such rules as the council shall, from time to
time, prescribe, but without the right to vote; and one of the board may be
compelled to attend every meeting of council, in the same manner as the
members. [88 v. 161.]
(1545-246) [Appointees and employes.] The board may employ
such engineers, clerks, laborers, and other persons, as it may deem necessary
for the execution of its duties, and fix their salaries and compensation; but
the salaries of such clerks and engineers, as are appointed for a definite time,
shall be fixed within limits prescribed by the council; and any such persons
may be removed by the board at any time; but the board shall not elect or
employ or appoint or contract with any one who is related to the mayor or to
any member of said board. [92 v. 689; 88 v. 161.]
(1545-247) [Powers and duties; engineer.] The board shall have
control of the construction, supervision, cleaning, repairing, grading and im-
proving all streets, avenues, market-houses and spaces, bridges, sewers, drains,
culverts, streams and water-courses, sidewalks, curbs and gutters, and the light-
ing of all such public places in the corporation as may be deemed necessary; it
shall have authority to fix and establish the grading of all streets, avenues and
alleys; it shall have supervision and control of the construction, use, repairing,
cleaning, lighting, and heating of all public buildings, excepting library build-
ings, and of the construction of all public improvements of such city. It
shall have the powers and perform the duties conferred and imposed upon the
park commissioners by subdivision two of chapter six, division eight, title
twelve of the Revised Statutes of Ohio; it shall have the powers and perform
the duties conferred and imposed upon the trustees of cemeteries by chapter
seven, division eight, title twelve of the Revised Statutes of Ohio; it shall
have the power and perform the duties conferred upon council, as to public
hall, by sections 2559, 2560, 2561, 2562, 2566 and 2567 of the Revised Statutes
of Ohio; it shall have the powers and perform the duties conferred and im-
posed upon the platting commission by chapter twelve of the Revised Statutes
of Ohio; it shall have the powers and perform the duties conferred and imposed
upon the board of health by chapter one, division six, title twelve of the Re-
vised Statutes of Ohio; it shall have the power and perform the duties conferred
and imposed upon the board of hospital commissioners by chapter three, divi-
sion six, title twelve of the Revised Statutes of Ohio; and it shall have the
powers conferred upon municipal corporations by chapter two, division six,
title twelve of the Revised Statutes of Ohio; and it shall have the powers and
duties conferred and imposed upon the board of examiners of insecure and un-
safe buildings by sections 2451, 2452 and 2453 of the Revised Statutes of Ohio;
and it shall have the powers and perform the duties conferred and imposed
upon the commissioners of sewers by title twelve, division seven, chapter four
of the Revised Statutes of Ohio; and in such city there shall be no board of
commissioners of sewers. The board shall appoint a city civil engineer to
serve during the pleasure of the board, with compensation to be fixed by the
board within limits prescribed by ordinance of council; he shall give bond in
a sum to be fixed by the board and shall perform such duties as shall be pre-
scribed by the board and by ordinance of council. [89 v. 20; 88 v. 161.]
Providing for a board of hospital trustees in Springfield, 93 v. 708, see ? (2167—7) et seq.
(1545—248) [Assessments.] Where the cost of any improvement
which the board deems it advisable to make, is to be derived from assessments,
the board shall cause to be made plans and specifications of such improve-
ment, together with an estimate of the cost of the same, and shall submit the
same to council, with its recommendation, and a resolution declaring the
768
§ (1545-249).
SPECIAL GOVERNM'L ACTS. Tit. XII,Div.1,Ch.2.
necessity of providing for such improvement; upon the passage of the resolu-
tion by council the board shall have the resolution published, not less than two
nor more than four consecutive weeks, in some newspaper published and of
general circulation in the city, and shall cause to be given twenty days' writ-
ten or printed notice of its passage to the owners of the property abutting
upon the improvement, or to the persons in whose names it may be assessed for
taxation upon the tax duplicate, who may be residents of the city, and the
person serving the notice shall make a return of the time and manner of such
service, and verify the same by affidavit, which shall be filed with the clerk of
the board, and the same, or a certified copy thereof, shall be prima facie evi-
dence of the service of the notice as therein stated. [88 v. 161.]
(1545-249) Contracts in each case, how let.] Upon the passage by
council of an ordinance providing for the improvement, as provided in section
twenty-three hundred and sixteen of the Revised Statutes, and in all cases
where the board deems it advisable to make a contract for the execution of
any work, or the purchase of material, for matters under its charge the esti-
mated cost of which exceeds five hundred dollars, the board shall proceed as
follows:
1st. It shall advertise for bids for the period of two weeks, or if the esti-
mated cost exceeds five thousand dollars, four weeks.
2nd. The bids, sealed up, shall be filed with the city clerk by twelve
o'clock, noon, on the last day, as stated in the advertisement.
3rd. The bids shall be opened at twelve o'clock at noon, on the last day of
filing the same, by the city clerk, a member of the board of public affairs, and
the city civil engineer, or any two of them, and publicly read by the officer
opening the same, and filed in the office of the city clerk; and shall be re-
ported by the city clerk at the next regular meeting of the board thereafter.
4th. Each bid shall contain the full name of every person interested in
the same, and shall be accompanied by a sufficient guaranty of some disinter-
ested person that if the bid is accepted the contract will be entered into and
performance thereof properly secured, or such guaranty may be given by de-
positing with the clerk a certified check, payable to the order of the board, for
an amount specified by the board.
5th. If the work bid for embraces both labor and material, the board may
receive separate bids for furnishing the material, separate bids for doing the
work, and separate bids for both labor and material.
6th. None but the lowest responsible bid shall be accepted; provided,
that when the character of the material of the improvement has not been
determined upon before the bids are received, [that] the lowest responsible bid
for the improvement with the material determined upon after the bids have
been received shall be accepted, and in determining which is the lowest
responsible bid the board shall not be controlled by the ability of the bidder
to give bond for the performance of his contract, but its decision as to which
is the lowest responsible bid shall be conclusive; provided, however, that if
the lowest bid is not accepted the board shall state the reason on its minutes; but
the board may, in its discretion reject all bids, or it may, in its discretion, purchase
the materials for the work and contract simply for the performance of the work.
7th. The contract shall be between the corporation and the bidder, and
the corporation shall pay the contract price for the work in cash; provided,
however, that the contract price may be paid in assessments, as may have been
previously determined, and suits to recover or enforce such assessments may
be brought in the name of the city.
8th. If two or more responsible bids are equal in whole or in part thereof,
and are lower than any other responsible bids, either may be accepted, but in
no case shall the work be divided between them.
769
Tit.XII,Div.1.Ch.2. SPECIAL GOVERNM’L ACTS.
§ (1545-250).
9th. When there is reason to believe that there is collusion or combina-
tion among the bidders, or any number of them, the bids of those concerned
therein shall be rejected.
10th. The presiding officer of the board shall execute all contracts in the
name of the city and file them in the office of the board. [88 v. 161.]
(1545-250) [Liability of city.] No member of the board, or other
person, whether in the employ of the board or otherwise, shall have power to
create any liability on account of the board, or the funds under its control, ex-
cept by express authority of the board, conferred at a meeting thereof duly and
regularly convened. [88 v. 161.]
(1545-251) [Officers not to be interested in contracts.] No mem-
ber, officer, or employe of the board shall be directly or indirectly interested
in any contract or work of any kind whatever under its direction, and any
contract or work in which any such person has an interest shall be void; and
it shall be the duty of any person having knowledge or information of the
violation of this section forthwith to report the facts to the board, and the
board shall give reasonable notice to the parties interested, and at the earliest.
convenient day investigate the same, and hear evidence offered on both sides.
[88 v. 161.]
(1545-252) [Investigation of such cases.] The board shall have
power in such case to compel the attendance of witnesses and the production
of books and papers, and the presiding officer shall have the power to adminis-
ter the necessary oaths. [88 v. 161.]
(1545-253) [Member involved not to participate in investigation.]
If a member of the board be involved in any such charge, he shall not again
sit or vote in the board until the result of the investigation is determined, an-
nounced, and entered on the minutes of the board; a majority of the board
not involved in the charge shall be sufficient to decide the questions; and if
an officer or employe of the board be found, upon such inquiry, to have vio-
lated any of the foregoing provisions, such finding shall at once operate as a
dismissal of such officer or employe. [88 v. 161.]
(1545-254) [Contracts in violation of above are void.] If a contract
be made or authorized by the board [and] be found to violate any of the fore-
going provisions, it shall at once become void and of no effect, and no money
shall be paid for services rendered or material furnished under the same. [88
v. 161.]
(1545-255) [Alteration of plans.] When it becomes necessary, in
the opinion of the board, in the prosecution of any work hereafter ordered, to
make alterations or modifications of the specifications or plans of a contract, or
to omit from said work any portion of the street or territory originally ordered
to be improved, such alteration, modification, or omission, may be made by
order of the board; provided, such order shall be of no effect until the price
to be paid for the work under such altered or modified contract has been agreed
upon in writing, and signed by the contractors and some person authorized
thereunto by the board; and provided, further, the total cost of the work, with
the addition of the price so agreed upon, shall not exceed the original contract.
[88 v. 161.]
(1545-256) [No extra compensation.] No contractor shall be al-
lowed anything for extra work caused by any alterations or modification, un-
less an order is made, or agreement signed, as provided in the preceding sec-
tion, nor shall he, in any case, be allowed more for such alteration than the
price fixed for such agreement. [88 v. 161.]
(1545-257) [Improvements must originate with board.] No ordi-
nance or resolution authorizing any improvement shall be passed by council
except upon the recommendation of the board. [88 v. 161.]
50
770
1
§ (1545-258).
SPECIAL GOVERNM'L ACTS.
Tit. XII,Div.1,Ch.2.
(1545-258) [Other measures must originate with board.] No grant
of the use of a street or highway in any such city for the purpose of a street
or other railroad, or an extension thereof, or for any other purpose whatsoever,
shall be made or renewed unless first recommended by the board; nor shall
any such street or highway be used for supplying gas or water, or be broken
up or obstructed for any purpose on any pretense whatever, unless permission
be first given by the board, and attested by its clerk, in writing; nor shall a
resolution or ordinance for the payment of money in settlement of claims for
unliquidated damages be passed, nor any binding agreement for such settle-
ment be made by the council, unless the payment or settlement of such claim
be first recommended by the board; nor shall any property used or to be used
for purposes under the control of the board, or for the use of any such city,
be purchased, leased, or disposed of without such recommendation being first
made; and any such measure required to originate in the board which is
altered, changed or amended in any particular, before taking effect, shall be
concurred in by said board. [88 v. 161.]
(1545-259) [Work without letting contract.] The board may, in
its discretion, purchase the necessary material, employ the necessary overseers
and hands, to do any work, or make any improvement, no part of which is to
be paid by assessment. [88 v. 161.]
(1545-260) [Removal of members.] The members of said board, or
any one of them, may at any time, be removed from office by the concurrent
vote of two-thirds of all members elected to council, in the same manner as
elective officers; or in the manner provided for the removal of certain officers,
in chapter 3, division 4, title 12, of the Revised Statutes of Ohio. [88 v. 161.]
(1545-261) [City printing.] The board of public affairs may con-
tract with two daily newspapers, of opposite politics, published and of general
circulation in the corporation, at not to exceed fifty cents per square for each
insertion, and in one newspaper published in the German language, if there
be such paper printed and of general circulation in such corporation, for the
publication of all resolutions and ordinances of a general nature, or providing
for improvements, and of all advertisements, notices and proclamations, which
in the event of any such contract shall be published in said newspapers, but
in the event of no such contract being made, publication in one such daily
newspaper shall be deemed sufficient. [88 v. 161.]
(1545-262) [Annual estimates.] The board of public affairs shall
furnish to council, on or before the first Monday of April in each year, a state-
ment containing an approximate and detailed estimate of the money needed
by the board for the succeeding year for the several purposes for which council
may levy taxes. [88 v. 161.]
(1545-263) [Payment of claims.] Claims against the board of public
affairs and all bills for expenses incurred by the board in the administration of
the affairs under its control, when approved by the board, shall be paid on
the warrant of the clerk by the treasurer of the city. [88 v. 161.]
(1545-264) [Additional counsel.] The board of public affairs shall
have the right to employ counsel in addition to the city solicitor in any mat-
ter in cases arising under the exclusive control of the board, but no such em-
ployment shall be valid without the concurrence of council. [88 v. 161.]
(1545-265) [Redistricting commission and next elections.] That
in every city of the second class, third grade a, the mayor of said city and the
judge of the court of common pleas of the county in which such city is situ-
ate, upon petition therefor by twenty-five electors of such city, shall appoint
four electors of such city, not more than two of whom shall be members of the
771
Tit. XII,Div.1,Ch.2.
SPECIAL GOVERNM’L ACTS.
§ (1545—266).
same political party, who shall constitute a commission to redistrict such city.
Said commission, when so appointed, shall take an oath to faithfully discharge
their duties with impartiality, and shall immediately proceed to redistrict such
city into six wards, bounded by center lines of streets, alleys, avenues, canals,
water-courses, railroads, or by corporation lines, or public grounds, and com-
posed of adjacent and compact territory, consecutively numbered, and con-
taining as nearly an equal number [of] inhabitants as in the opinion of said
commission may be practicable. Said redistricting shall be completed within
five days after the appointment of said commission. The commission shall
deposit one certified copy of the description of the boundaries of the wards, as
established by it, with the secretary of the board of elections of said city, and
one certified copy with the city clerk, who shall immediately record the same
in the record book of general ordinances of such city, and such redistricting
shall have the same force and effect as if made by ordinance of the council.
The concurrence of all members of the commission shall be necessary for mak-
ing any order or for the validity of any act of the commission, and all expenses
incurred by the said commission, in the discharge of its duties, shall be paid
by the city out of the general expense fund thereof. No election of members
of council or board of education shall be held until the next ensuing annual
election for corporation officers after such redistricting. At the next ensuing
annual election for corporation officers one member of the council to serve for
one year, and one member of the council to serve two years, one member of
the board of education to serve for one year, and one member to serve for two
years, shall be elected in each of the wards of said city, and annually there-
after there shall be elected, one member of council in each ward to serve for
the term of two years, and one member of the board of education to serve for
the term of two years. [88 v. 161 § 67.]
(1545-266) [Mayor's proclamation.] That section 1726, of the Re-
vised Statutes of Ohio, shall, at the next annual election for corporation offic-
ers after the passage of this act, apply only so far as to require the publication
of the proclamation therein named at least five days previous to said election,
and provided further, that if the commission, in this act provided for to
redistrict any of such cities, shall not have deposited, as herein provided, a
description of the boundaries of the wards established by it, with the secretary
of the board of elections on or before the twelfth day prior to such first annual
municipal election, then all persons in such city possessing the qualifications
of electors shall be entitled to vote, in their respective precincts as defined by
the board of elections, without registration for such first election. [88 v. 161,
§ 68.]
[Repeals.] That sections 1546, 1548, 1755, 1781, 1785, 1808, 2328, 2682,
2689a, as amended April 11, 1890, 2690a, 2805, as amended April 28, 1890, 2815,
as amended April 26, 1890, and section 2629t [2926t], be and the same are
hereby repealed. [88 v. 161, § 69.]
[When act shall go into effect, etc.] This act shall take effect and be in
force from and after its passage; provided, that the clerk of the police court,
and the clerk of any such city, now in office, shall continue therein till the
expiration of their respective terms; and provided, that all officers of any
such city whose duties are provided for by the provisions of this act, shall
serve until the appointment or election of officers under this act to perform
their respective duties. [88 v. 161, § 70.]
(1545-267) [Saving and when to take effect.] This act shall in no
way impair or affect any legal rights which may have been acquired by any such
cities of the second class, third grade a, under any laws, contracts, or ordi-
nances. This act shall take effect and be in force on the last Monday of April,
1897, and all members of said boards shall continue in office until the officers
772
§ (1545—268).
SPECIAL GOVERNM'L ACTS.
Tit. XII,Div.1,Ch.2.
herein shall be appointed and qualified, and original sections 2, 3, 5, 7, 34, 36,
and 40 of said above described act are hereby repealed. [92 v. 689.]
For officers of Springfield, see 2 1707e.
For assessors in Springfield, see ? 1718c.
For police court of Springfield, see 2-1785.
For limit of main sewer assessments in Springfield, see ? 2380a.
For local sewers, construction and assessments in Springfield, see ? 2398a.
Cleaning and repair of sidewalks is for board of public affairs, see ? 2329a.
For rates of taxation, see ? 2682.
For maximum of taxation, see ? 2689a.
For board of tax commissioners, see ? 2690a.
For loans in anticipation of special funds, see? 2700a.
For annual board of equalization in Springfield, see? 2805.
For decennial board of equalization in Springfield, see ? 2815.
For compensation of election officers in Springfield, see ? 2926t.
AKRON AND YOUNGSTOWN.
Constitutionality of this act sustained: State ex rel. v. Baker, 55 O. S 1.
(1545-268) [Officers.] The officers of all cities, excepting cities of
the second class, third grade "a," which according to the federal census of 1890
had, or which according to any subsequent federal census, shall have not less
than 27,000 nor more than 34,000 inhabitants, shall consist of a mayor, a mar-
shal, except as hereinafter provided, a city solicitor, a city treasurer, except as
provided in Revised Statutes, section 1708, for cities of the third grade of the
first class, all of which officers shall be chosen by its electors; and four city
commissioners, who shall be electors of said city, to be denominated the board
of city commissioners, who shall be chosen by the mayor and probate judge
of the county, as hereinafter provided, and also a city clerk, who shall be
elected by the council. And the council may, when in its opinion expedient,
create by ordinance the offices of chief of police, civil engineer, superintendent
of streets, sealer of weights and measures, fire engineer and superintendent
of markets, and provide their compensation, but when such offices are cre-
ated they shall be filled by appointment by the board of city commission-
ers; provided, that the council may, when in its opinion expedient, abolish
by ordinance the office of city marshal, and that all officers heretofore and
hereafter elected shall be allowed to serve the terms for which they are elected.
[90 L. L. 347.]
Street commissioner abolished in Akron and Urbana and discretion to create street
superintendent (88 v. 279), see? (1707-1) et seq.
If this exception to a class of cities is unconstitutional, the rest of the section is valid nevertheless:
State ex rel. v. Baker, 55 O. S. 1. See also State v. Gardner, 54 O. S. 24.
(1545-269) [Assessor.] The board shall, on or before the 15th day
of April of each year appoint an assessor for each ward, who shall be an elector
thereof, and shall take the same oath and give the same bond, receive the same
compensation and perform the same duties as are provided in respect to town-
ship assessors. [90 L. L. 347.]
(1545-270) [Board of city commissioners.] The board of city com-
missioners provided for herein shall be appointed by the mayor and probate
judge of the county immediately after the organization of the council in April,
eighteen hundred and ninety-three, two for the term of one year, and two for
the term of two years; two members of said board, one for the long and one
for the short term, shall be appointed from the political party which cast the
highest number of votes at the last municipal election, and two from the
political party which cast the next highest number of votes at said election;
provided, that the foregoing provisions of this section shall not apply to cities
embraced within the provisions of this act, and now having a board of city
773
Tit. XII,Div.1,Ch.2.
SPECIAL GOVERNM'L ACTS.
§ (1545—271).
commissioners under the provisions of the act to which this is an amendment.
Immediately after the organization of the council in each year, the mayor and
probate judge of the county shall appoint successors to the members of said
board of city commissioners whose terms in that year expire, but no more
than two members of said board shall be members of the same political party
at any time. The members of said board shall serve until their successors
are appointed and have qualified. All vacancies that may occur in the board
of city commissioners shall be filled by appointment as herein before pro-
vided. No person holding any federal, state, county or municipal office,
councilman of the city, or employe at any time of the city departments,
shall be eligible to appointment upon said board of city commissioners. [90
L. L. 347.]
(1545-271) [Bond and oath.] Each member of said board of city
commissioners shall give bond, with at least three sureties to the satisfaction
of the council, in the sum of $15,000.00 for the faithful performance of his
duties, which bond shall be filed with and recorded by the city clerk; and be-
fore entering upon his duties shall take and subscribe an oath, which shall be
indorsed upon his bond, to support the constitution of the United States and
the state of Ohio, to obey the laws, and in all his official actions and judg
ments to aim only to secure and maintain an honest and efficient administra-
tion of public affairs. [90 L. L. 347.]
(1545-272) [Duties; compensation; office.] The members of the
board of city commissioners shall devote their entire time and attention to the
duties of their office, and shall receive as compensation a salary of $1,800.00
per annum, payable in monthly instalments, and no other compensation shall
be allowed. The council shall furnish suitable office, furniture and office sup-
plies for the use of the board of city commissioners. The city solicitor shall
be the legal adviser of the board of city commissioners, but the board may re-
tain and employ additional counsel when necessary in their opinion, which
shall be paid by the city upon presentation of bills approved by the board.
[90 L. L. 348.]
(1545-273) [Organization; clerk and his bond.] The board of city
commissioners, upon their appointment and annually thereafter, shall organize
by the election of one of their number as chairman and one as vice-chairman;
and a clerk who may be the city clerk, but who shall not be a member of the
board, whose compensation shall be fixed by the board, but shall not exceed
the sum of $1,000.00 per annum, and who may be removed at the pleasure of
the board and his successor elected for the unexpired term. The clerk shall
have charge of the office, keep the records of the board and perform such other
duties as the board may, from time to time, determine, and he shall give bond
in the sum of $5,000.00 for the faithful performance of his duties. [90 L. L.
348.]
(1545-274) [Removal; meetings; record; jurisdiction.] A member
of the board of city commissioners may be removed for incompetency, ineffi-
ciency, neglect of duty or any malfeasance in office, by a two-thirds vote of all
members elected to the council, as now provided by law. The board shall hold
daily meetings, and three members shall constitute a quorum for the trans-
action of business; the yeas and nays shall be called and entered upon a journal
upon the passage of every resolution or order of any kind; and no resolution,
order, appointment or business transaction shall be valid unless three votes are
cast and recorded in its favor. The board shall keep a complete record of all its
proceedings, and a copy from its record certified by the clerk of the board, shall
be competent evidence in all courts. The board shall adopt such rules and reg-
ulations for the transaction of business as may be necessary. The board of
city commissioners shall have the care, management and control of streets,
774
§ (1545—275).
SPECIAL GOVERNM'L ACTS. Tit. XII,Div.1,Ch.2.
avenues, alleys, highways, public grounds, parks and public cemeteries and the
platting, opening, improving, repairing, cleaning and lighting of the same; of
the construction, protection and repair of public buildings, bridges and struct-
ures of every kind, of sewers and drainage, of making and preserving all surveys,
maps, plans, drawings and estimates relating to the public works of said city
and all matters and things in any way relating to, or affecting the highways
and footways of the corporation. [90 L. L. 348.]
(1545-275) [Police and other departments.] The police force of the
city, the officers, employes and property connected therewith, police telegraphs,
telephones and signal, sealing of weights and measures and inspection of food
shall be under the administration of the board of city commissioners; and all
police officers and night watchmen and other officers necessary to an effective
administration of the powers conferred by this section, shall be appointed by
the board of city commissioners under such rules and requirements as to
physical and other fitness as the board shall adopt, and after such appointment
shall hold their office during good behavior, subject to suspension or removal
at the pleasure of the board for cause entered upon the record book. The board
of city commissioners may, in cases of emergency, upon the application of the
mayor, appoint such number of special policemen as may be necessary, which
appointments shall be recorded, and during their service such special appointees
shall possess the powers and perform the duties of regular policemen and shall
receive the same compensation as other policemen. [90 L. L. 348.]
(1545-276) [Fire force; apparatus for.] The fire force of the city,
the officers, employes and property connected therewith, fire telegraph, signals
and fire alarms, and the inspection of buildings, boilers, elevators, fire escapes
and all matters relating to the fire services shall be under the management,
control and administration of the board of city commissioners and all officers
and members of the fire force shall be appointed by the board of city commis-
sioners under such rules and requirements as to physical and other fitness as
the board may adopt, and shall, after such appointment, hold their office dur-
ing good behavior, subject to suspension or removal at the pleasure of the
board, for cause entered upon the record. Subject to the provision of this act
in reference to contracts, the board of city commissioners shall purchase all
necessary fire engines, either steam or hand, hose carriages and all such other
apparatus and instruments as shall be deemed necessary for the extinguishing
of fires, and establish lines of fire-alarm telegraphs within the limits of the
corporation, and fix fire limits, and shall cause to be erected all necessary and
suitable buildings for containing fire engines, hose carriages and fire apparatus.
[90 L. L. 349.]
(1545-277) [As to board of equalization.] Said board, together
with the county auditor, shall have the power and perform the duties con-
ferred and imposed upon the city board of equalization by chapter 4, title 13
of the Revised Statutes; and city boards of equalization existing in cities
affected by this act are hereby abolished. [90 L. L. 349.]
(1545-278) [As a board of elections.] In all cities affected by
the provisions of this act the board of city commissioners shall constitute and
be the "city board of elections" therein, and such board of city commisioners
is hereby vested with all the powers and shall hereafter perform all the duties.
conferred and imposed by the laws of Ohio upon the board of elections in such
cities; and the clerk of such board of city commissioners is hereby vested with
all the powers and shall hereafter perform all the duties by the laws of Ohio
conferred and imposed upon the "clerk of the board ef elections" in such
cities. All "boards of elections" now existing in such cities and the offices
of members and clerk of such boards are hereby abolished. [90 L. L. 349.]
775
Tit. XII,Div.1,Ch.2. SPECIAL GOVERNM’L ACTS.
§ (1545--279).
(1545-279) [Other officials; clerk's annual statement.] The civil
engineer, superintendent of streets, city clerk, city marshal and all other em-
ployes of the city shall perform such duties as may be prescribed by the board
of city commissioners, or by the ordinances of the corporation not incompat-
ible with the nature of their office or employment, and they shall receive such
compensation as may be provided by ordinance of council. The city solicitor
shall receive such compensation for additional service rendered to the board.
of commissioners as the board may determine, the same to be paid by the city
on presentation of bills approved by the board. The city clerk shall, imme-
diately upon the passage of any resolution or ordinance for the allowance or
issuing of orders upon the city treasurer, furnish the board of city commis-
sioners, in a book to be kept by the board for that purpose, a list of all such
orders and the amounts thereof allowed by the council, and all such orders
shall be inspected by the chairman of the board, and if correct, counter-
signed by him before payment. He shall also furnish the board of city com-
missioners and the council, on or before the first Monday of April of each year,
the following statements:
(a) A statement showing the balance standing to the credit or debit of the
several funds on the city balance sheet at the end of the last fiscal year imme-
diately preceding said first Monday of April.
(b) A statement showing the monthly expenditure out of each fund in the
twelve months of the fiscal year immediately preceding said first Monday of
April.
(c) A statement showing the annual expenditure from each fund for each
of the two years next preceding said first Monday of April. [90 L. L. 349.]
(1545-280) [Contracts for over $500, how made.] All contracts
involving more than five hundred dollars in amount shall be in writing, signed
and executed in the name of the city by the board of city commissioners and
approved by the council before they are binding on the city. No contract in-
volving an expenditure to exceed five hundred dollars in amount shall be
made without advertising for proposals in accordance with the provisions of
this section. When money therefor has been appropriated by the council, the
board of city commissioners may enter into such contract; but all such con-
tracts shall be reported to the city clerk. When the corporation makes an
improvement or repair the cost of which will exceed $500, it shall proceed as
follows:
(a) It shall advertise for bids for a period of two weeks, or if the esti-
mated cost exceed $5,000.00, four weeks, in two newspapers of general circula-
tion as hereinafter provided, and the same shall be paid for at not exceeding
twenty-five cents per square for each insertion; provided, that if either of such
newspapers shall refuse to publish such advertisement, the publication thereof
in one newspaper shall be deemed sufficient.
(b) The bids shall be filed with the board of city commissioners, sealed up
by twelve o'clock at noon of the last day as stated in the advertisement.
(c) The bids shall be opened at twelve o'clock at noon on the last day for
filing the same, by the board of city commissioners and publicly read by the
officer opening the same, filed in the office of the board of city commissioners
and reported to the council at the next regular meeting thereafter, and copies
of all bids shall be kept in a book provided for that purpose.
(d) Each bid shall contain the full name of every person interested in the
same and shall be accompanied by a sufficient bond of some disinterested per-
son or persons resident of the county, or a certified check on a solvent bank of
such city for such an amount and upon such terms as may be prescribed by the
board of city commissioners, that if the bid is accepted the contract will be
entered into and the performance of it properly secured.
(e) If the work bid for embraces both labor and material, they shall be
separately stated, with the price therefor.
776
§ (1545-281).
SPECIAL GOVERNM'L ACTS.
Tit. XII,Div.1,Ch.2.
(f) None but the lowest and best responsible bid shall be accepted when
such bids are for labor and material separately. But the board of commission-
ers may, at its discretion, reject all the bids or accept any bid which may be
the lowest aggregate cost.
(g) The contract shall be between the corporation and the bidder, and the
corporation shall pay the contract price for the work in cash; provided, how-
ever, that the contract price for an improvement for the payment of the cost
of which a special assessment is authorized by law, may be paid in instal-
ments as the council may determine.
(h) If two or more bids are equal for the whole or any part of the work,
but are lower than any other, either may be accepted, but in no case shall the
work be divided between them.
(i) When there is reason to believe that there is a collusion or combina-
tion among the bidders or any number of them, the bids of those concerned
therein shall be rejected.
(j) When it becomes necessary, in the opinion of the board, in the pros-
ecution of any work hereafter ordered, to make alterations or modifications
of the specifications or plans of a contract, or to omit from said work any por-
tion of the street or territory originally ordered to be improved, such altera-
tion, modification or omission, may be made by order of the board; provided,
such order shall be of no effect until the price to be paid for the work under
such altered or modified contract has been agreed upon in writing, and signed
by the contractors and some person authorized therewith by the board; and
provided, further, the total cost of the work, with the addition of the price so
agreed upon, shall not exceed the original contract; provided further, that the
original contract shall continue in force and no such change shall be of any
effect until the same is approved by the council.
(k) No contractor shall be allowed anything for extra work caused by any
alterations or modifications, unless an order is made, or agreement signed as
provided in the preceding subdivision of this section, nor shall he, in any case,
be allowed more for such alteration than the price fixed in such agreement.
(m) If a contract be made or authorized by the board contrary to any of
the foregoing provisions, it shall at once become void and of no effect, and no
money shall be paid for services rendered or material furnished under the
same. [90 L. L. 350.]
(1545-281) [Publication of ordinances, etc.] All resolutions and
ordinances of a general nature, or providing for improvements, and all other
advertisements required in such cities, shall be published at not to exceed
twenty-five cents per square for each insertion in two daily papers of general
circulation, of opposite politics, and in a newspaper printed in the German
language, if there be such a paper printed and in general circulation in the
corporation; provided, that when the estimated cost of any improvement is
less than five hundred dollars ($500.00), it shall not not be necessary to pub-
lish any resolution or ordinance pertaining to the same; and further provided,
that the council of any city affected by the provisions of this act may dispense
with the publication in such German newspaper. [90 L. L. 351.]
(1545-282) (1) SEC. 15. [Rate of taxation; transfer of funds; library
tax.] The aggregate of all taxes levied or ordered by such city above the tax
for county and state purposes, and excepting the tax for schools and school-
house purposes, shall not exceed in any one year nine mills; provided, however,
that the city commissioners of such cities shall annually at the time the rate
of levy is fixed provide by resolution for the distribution of the tax among the
several departments of the corporation in such proportion to the needs as may
be deemed necessary, and at no time thereafter shall the amount specified as
necessary for the purposes named be changed, and all transfer of funds from
one account to another are hereby expressly prohibited; and provided further,
777
Tit. XII,Div.1,Ch.2.
SPECIAL GOVERNM'L ACTS.
§ (1545—282)(2).
that in any such city in which there is established and maintained a public
library association not organized for profit, a public library free to all inhabit-
ants of such city, the council may levy an annual tax in addition, if need be,
to said above aggregate amount of taxes not exceeding four-tenths of a mill on
all taxable property within such city, to be called the public library fund and
collected as other taxes. Said taxes for library purposes shall be paid by the
treasurer of such library association to be used in the purchase of books, pam-
phlets, magazines, newspapers, rent and for general library expenses, subject to
such requirements as to accounting and reporting to council as the council
may prescribe. [93 v. 671, 567; 90 L. L. 351.]
Note.-This and the following section were enacted on the same day, April 26, 1898.
This section in its repealing clause repeals directly ? (1545-282), disregarding the amend-
ment of (93 v. 567), while the next section in its repealing clause repeals 15 of the origi-
nal act, disregarding the amendment of 93 v. 671.
(1545-282)(2) SEC. 15. [Rate of taxation; transfer of funds; pub-
lic library tax; hospital tax.] The aggregate of all taxes levied or ordered by
such city above the tax for county and state purposes, and excepting the tax
for schools and school-house purposes, shall not exceed in any one year nine
mills; provided, however, that the city commissioners of such cities shall,
annually, at the time the rate of tax is fixed, provide by resolution for the dis-
tribution of the tax among the several departments of the corporation in such
proportion to their needs as may be deemed necessary, and at no time there-
after shall the amount specified as necessary for the purpose named be changed,
and all transfers of funds from one account to another are hereby expressly
prohibited; and provided further, that in any such city in which there is
established and maintained by a public library association, not organized for
profit, a public library free to all inhabitants of such city, the council may levy
an annual tax in addition, if need be, to said above aggregate amount of taxes,
not exceeding two-tenths of a mill on all taxable property within such city, to
be called the public library fund, and collected as other taxes. Said taxes for
library purposes shall be paid by the treasurer of such city to the treasurer of
such library association, to be used in the purchase of books, pamphlets, maga-
zines, newspapers and for general library expenses, subject to such require-
ments as to accounting and reporting to council as the council may prescribe.
And provided further, that in any such city in which there is established and
maintained one or more hospital associations, not organized for profit, with
hospitals equipped for the care and treatment of the sick and injured, the
council may levy an annual tax in addition, if need be, to said above aggre-
gate amount of taxes, not exceeding five-tenths of a mill on all taxable prop-
erty within such city, to be called the hospital fund and collected as other
taxes. Said taxes shall be paid by the treasurer of such city in as nearly as
practicable equal proportions to the treasurers of such hospital associations as
the city council shall contract with to furnish, and shall furnish board, lodging,
nursing and medical treatment to the indigent sick and injured of such city,
under such terms and conditions as the council of such city may prescribe. [93
v. 680, 567.]
See note to ? (1545—282)(1).
(1545-283) [No officer to be interested in contract.] No contract
for work to be done for or material to be supplied to the city or any depart-
ment thereof, shall be made with any councilman, city commissioner, officer or
employe of the city, or with any firm, partnership, corporation or association
of which such councilman, city commissioner, officer or employe, is a member
or stockholder. If any councilman, city commissioner, officer or employe, dur-
ing the term for which he shall have been elected or appointed, acquires an in-
terest in any such contract, he shall forfeit his office. [90 L. L. 352.]
(1545-284) [What measures must originate in board.] No fran-
chise, right or privilege of any kind whatsoever shall be given, granted, re-
newed or extended in, along or upon any of the streets, alleys or public grounds
J
778
§ (1545-285).
SPECIAL GOVERNM'L ACTS. Tit. XII,Div.1,Ch.2.
of the city, unless first recommended by the board of commissioners; nor shall
any street, highway, alley or public ground be broken up or excavations made
therein or obstructed for any purpose or any pretense whatever, unless permis-
sion be first given by the board, and attested by its clerk in writing; nor shall
a resolution or ordinance for the payment of claims or bills be passed, nor any
binding agreement for the settlement of damages be made by the council un-
less the payment or settlement of such claim or bill be first recommended by
the board; and any such measure required to originate in the board which is
altered, changed or amended in any particular before taking effect shall be
concurred in by the board. [90 L. L. 352.]
(1545-285) [Interim legislation.] For the purpose of properly car-
rying out this act, the council shall enact ordinances to conform to the require-
ments of this act. All executive powers and duties not herein before otherwise
distributed, shall be vested in the board of city commissioners hereby created;
provided, elective officers shall serve out their unexpired terms, performing
similar duties, but their compensation shall not be affected hereby except as
herein before provided. [90 L. L. 352.]
(1545-286) [Saving as to police and fire salaries and pension fund.]
The provisions of the state laws now in force relating to amount of compensa-
tion of the officers and members of the fire and police forces, and the laws re-
lating to the firemen's pension fund, shall not be affected or repealed by the
passage of this act. [90 L. L. 352.]
(1545—287) [Saving as to boards of education, health and magis-
trates.] This act shall not be construed as applying to or affecting the board
of education, the board of health, justices of the peace and constables. [90
L. L. 352.]
(1545-288) [Repeals; ordinances remain in force.] The act passed
March 5, 1891, (88 v. 77) entitled "An act to provide a more efficient gov-
ernment for cities having a population of not less than 33,000 and not
more than 34,000 inhabitants," is hereby repealed. All provisions of the
statutes of this state in force when this act takes effect, which conflict with
any provisions of this act shall be held to be superseded by the latter as to the
matter of inconsistency and not otherwise. Existing ordinances of any such
city not in conflict with this act shall remain in force. [90 L. L. 352.]
HAMILTON.
(1545-289) SEC. 1. [Officers of Hamilton; mayor, city solicitor;
election; terms; board of control; appointment and election.] The officers
of a city of the second class, third grade b, shall consist of a mayor and city
solicitor, both of whom shall be elected for three years, and a board of control
consisting of five members, to be appointed by the judge of the court of com-
mon pleas, resident of the county in which such city is situated, if there be
such resident judge, and if there be no such resident judge, then by the com-
mon pleas judge, or judges of the judicial subdivision of which the county
containing such city forms a part, who shall appoint as members of such board
five citizens of such city, well known for their intelligence and integrity, not
more than three of whom shall be of the same political party, or so reputed;
one of whom shall be appointed to serve one year, one for two years, one for
three years, one for four years, and one for five years, and until their successors
are elected and qualified; and thereafter as the term of each member expires,
his successor shall be elected at the annual municipal election each year by the
qualified electors of such city, to serve for a period of five years and until his
successor is elected and qualified. [93 v. 496.]
(1545-290) SEC. 2.
what boards and officers.]
[Board governed by what laws; successor of
Said board of control shall be governed by all
779
Tit.XII,Div.1,Ch.2.
SPECIAL GOVERNM'L ACTS.
$ (1545-291).
the laws of this state relating to cities of the second class, third grade, not in-
consistent with this act, and shall be vested with all the power and authority
and perform all the duties conferred and imposed upon the councils, or any
board or boards of the cities of the second class, third grade, by the laws of the
state, and the ordinances of said city; and said board of control shall be, and is
hereby vested, with all the legislative power and authority. Said board of
control shall be the successor of: The city council; the trustees of the water-
works; the board of trustees of the gas-works; the board of trustees of any free
public library; the board of health and the office of the health officer and clerk
of the board of health; the board of commissioners of sewers; the office of the
chief of police; the office of city commissioner; and the office of city civil
engineer in such cities of the second class, third grade b, and shall be vested
with all the powers and shall discharge all the duties conferred and imposed
on said respective boards and officers by the laws of the state and the ordi-
nances of such cities, not inconsistent nor in conflict with this act, which said
respective city council, boards and offices are hereby abolished; but said city
council, boards and officers shall continue in office until their successors are
appointed or elected and qualified as herein provided. [93 v. 496.]
(1545-291) SEC. 3. [Organization; to elect clerk and city auditor;
sergeant at arms.] Within ten days after the appointment of the members
of said board of control, the members so appointed shall qualify as hereinafter
provided, and shall meet and organize as follows: The member having the
shortest term to serve, shall be president of said board of control; and the
member having the next shortest term to serve, shall be president pro tem. of
said board; and annually thereafter, the newly elected member or members
shall qualify, and the said board of control shall meet and organize in the
manner above provided. Said board of control shall immediately thereafter
elect a clerk and a city auditor, which last named office is hereby created and
established for cities of the second class, third grade b, and appoint a sergeant-
at-arms to serve as such, at the pleasure of said board of control, for a period
not exceeding one year. [93 v. 497.]
(1545-292) SEC. 4. [Member failing to qualify within ten days
deemed to have declined office; filling of any vacancy in board.] If any
person appointed or elected a member of said board of control shall fail to
qualify as hereinafter provided within ten days after his appointment or elec-
tion, he shall be deemed to have declined said office, and the office shall be
vacant, and such vacancy or any vacancy in said board of control caused by
death, resignation or otherwise, shall be filled by appointment by said board
of control; but a vote of three of its members in favor of a candidate shall be
necessary to his appointment. Said person so appointed shall qualify as here-
inafter provided, and hold his office until the next annual municipal election,
when such vacancy shall be filled by election for the unexpired portion of said
term. [93 v. 497.]
(1545-293) SEC. 5. [Qualifications of members of board.] No per-
son shall be elected or appointed a member of said board of control who shall
not have been a resident and qualified elector of said city for at least one year
next prior to his election or appointment as a member of said board; and any
member removing his residence from said city shall be held to have resigned
his office. [93 v. 497.]
(1545-294) SEC. 6. [Bond; oath.] Each person elected or appointed
as a member of said board of control, before entering upon the discharge of the
duties of his office, shall qualify by executing a bond to the city in the sum
of $25,000, conditioned for the faithful performance of all the duties of said
office, with at least four sureties thereon owning unincumbered real estate
within the state of Ohio, aggregating in value at least double the amount of
780
§ (1545-295).
SPECIAL GOVERNM’L ACTS. Tit.XII,Div.1,Ch.2.
said bond. All said bondsmen shall be residents of this state, and at least one
of them a resident of said city. He shall also make and subscribe an oath of
office to be endorsed upon said bond, which bond and the security thereon
shall be examined and approved, and the approval thereof endorsed in writing
on said bond by the mayor and city solicitor, and shall be recorded with the
endorsements thereon in the minutes of said board of control and be thereafter
deposited with the city treasurer. [93 v. 497.]
(1545-295) SEC. 7. [Board to meet regularly once a week; salary
of members.] The members of said board of control shall meet in legislative
session regularly once each week, on a day and at an hour to be fixed by ordi-
nance; and said board may also hold such special or called meetings as are
authorized by law. The salary of the members of said board of control shall
be $1,500 per year, payable quarterly, out of the general expense fund of such
city. [93 v. 497.]
(1545-296) SEC. 8. [Departments.] For the purpose of administer-
ing the affairs of said city, there shall be the following departments, viz.:
First. [The department of public improvements.] The department of
public improvements, which shall include all matters relating to streets, alleys,
sidewalks, bridges, sewers, parks, markets, public charities, city prisons, work-
houses and infirmaries and the repair and improvement of the same.
Second. [Department of police.] The department of police, which shall
include all matters connected with or in any wise relating to the control and
management of the police of said city.
Third. [Department of public works.] The department of public works,
which shall include all matters relating to the management and operation of
the water-works, gas and electric light plants, and the necessary improvements
to conduct and operate the same, and the repair and improvement of the same.
Fourth. [Department of public safety.] The department of public safety,
which shall include all matters relating to the fire department, fire escapes, in-
secure buildings, the public health, and the granting of permits for the erection
of buildings.
Fifth. [Department of law and accounts.] The department of law and
accounts, which shall include all the financial transactions of the city, draw-
ing of warrants, record of bonds issued; also all matters pertaining to questions
of law, validity of ordinances, resolutions, contracts, bills and salaries. [93 v.
498.]
(1545-297) SEC. 9. [Each member to have charge of one of de-
partments; assigning of department.] Each member of said board of con-
trol shall have charge of one of said departments, and shall be known as the
director thereof. Said directors shall be assigned to their respective depart-
ments by the president of said board of control annually, within ten days after
its organization, and in default of said president making such assignments
within said time, the board shall make said assignments within two days
thereafter. [93 v. 498.]
(1545-298) SEC. 10. [Rules and regulations for each department.]
Said board of control shall, within thirty days after its organization, adopt
specific rules and regulations for the control and management of each of said
departments, and the director of each department shall, under said rules and
regulations control and manage the same according to law and the ordinances.
of said city, and shall be responsible for the efficient and economical manage-
ment thereof, and said board of control may, after its first organization under
this act, summarily discharge any employe in any department of said city, and
thereafter the hiring and summary discharge of employes shall be done by the
781
Tit. XII,Div.1,Ch.2. SPECIAL GOVERNM’L ACTS.
§ (1545—299).
director in said respective department under such rules and regulations as may
be adopted by said board of control for the purpose. All appointments to and
dismissals from service in any department shall be reported immediately by
the director making the same to said board of control. [93 v. 498.]
(1545-299) SEC. 11. [Assessors of personal property; members of
boards of equalization and board of elections.] Said board of control shall,
annually, on or before the third Monday of April, elect one assessor of personal
property for each ward in said city, who shall qualify and discharge all the du-
ties required by law of township assessors, and shall appoint or elect as re-
quired by law members of the annual and decennial boards of equalization and
members of the board of election. [93 v. 498.]
(1545-300) SEC. 12. [City civil engineer.] Said board of control
shall appoint a city civil engineer for such city, who shall hold his office for a
term of one year. He shall keep an accurate record of all surveys, grades,
plats, maps, and drawings made by him in suitable books to be provided by
said board of control, all of which shall be the property of the city, and be
open to the inspection of the public. [93 v. 498.]
[1545-301) SEC. 13. [Temporary appointment of skilled person to
assist any one of the departments.] Said board of control may, whenever
it deems it necessary, temporarily employ a person skilled in duties pertaining
to any one of said departments to assist and advise in the performance of the
duties thereof, and shall pay such person a reasonable compensation for such
services. [93 v. 498.]
(1545-302) SEC. 14. [City clerk.] The clerk, whose election is pro-
vided for in section 3 of this act, shall be known as the city clerk. He shall
attend all the meetings of the board of control and keep correct minutes of all
its proceedings and transactions in suitable books to be provided therefor by
said board. The said board shall also provide him with suitable books for
each department, in which he shall record and keep accurate accounts of the
receipts and expenditures pertaining to said respective departments. Said
clerk shall also perform all the duties required of him by said board of con-
trol and by the ordinances of said city, and the laws of the state of Ohio. He
may appoint one deputy and such assistants as the board of control may deem
necessary and approve. All the records and papers pertaining to said clerk's
office shall, during business hours, be open to the inspection of the public.
[93 v. 499.]
(1545-303) SEC. 15. [City auditor.] The city auditor, whose elec-
tion is provided for in section 3 of this act, shall keep accurate accounts of all
taxes levied and assessments made, of all moneys due, receipts and disburse-
ments by the city, of all assets and liabilities of the city, and of all appropri-
ations made by the board of control, and keep an accurate account of each fund
of said city. He shall, at the expiration of each fiscal year (which fiscal year
shall end on the thirty-first day of December, annually), and oftener, if required
by the board of control, audit the accounts of the city and each separate fund
and department thereof, and make a detailed report of the same under oath to
said board of control, and said annual report shall be published by said board
of control within ten days thereafter, in one newspaper published and of gen-
eral circulation in said city. No warrant for the payment of any claim shall
be issued by the city auditor until the payment of such claim shall have been
duly ordered by the board of control and certified to him by the city clerk and
president of said board, and he shall perform such other duties as are or may
be required of him by law or ordinance. If he draw a warrant for any claim
in any amount contrary to law, he and his sureties shall be individually bound
for the same, unless the board of control ordered the payment of the same and
782
§ (1545-304).
SPECIAL GOVERNM'L ACTS.
Tit. XII,Div.1,Ch.2.
made the necessary appropriation, in which case he or his bondsmen shall not
be held liable therefor. [93 v. 499.]
(1545-304) SEC. 16. [City solicitor.] The city solicitor shall be the
legal adviser of the board of control and of all the officers of said city. He
shall prepare all official bonds and approve the same and the sureties thereon.
He shall prepare all contracts to which the city is a party, and prepare all
bonds to secure their performance and approve the sureties thereon. He shall
prepare all ordinances and resolutions required to be prepared by the board of
control. He shall be the attorney of the city in all litigation to which it is a
party in all the courts; provided, he shall not be required to prosecute any
action before the mayor for the violation of any city ordinance unless he shall
have first advised such action. He shall attend all legislative meetings of the
board of control, and such other meetings as it may require; and the board of
control may require him to give his opinion on any question in writing, which
opinion shall be kept on file in the office of the city clerk, for the exclusive.
use of the board of control, and officers of said city, and he shall perform all
other duties required of him by law and the ordinances of said city. In mat-
ters or cases of great importance, said board of control may employ one at-
torney to assist the city solicitor in such matter or case. [93 v. 499.]
(1545-305) SEC. 17. [Mayor's duty; powers; approval by of ordi-
nances.] The mayor shall be the head and chief executive officer of the city,
and shall enforce the ordinances thereof and the laws of the state. He shall
preserve the public peace and maintain good order in the city. He shall have
control of the police of the city, and shall be responsible for the discipline and
good conduct thereof. In case of riot or other emergency he may also take
command and control of the fire department of said city during said riot or
emergency. All ordinances, and all contracts involving $250 and upwards,
which shall have passed or been approved by the board, shall, before they take
effect or become operative or binding, be presented, duly certified by the clerk,
to the mayor for approval. The mayor, if he approve such ordinance or con-
tract, shall sign it, but if he does not approve it he shall return the same to
the board with his objections within ten days thereafter, which objections the
board shall cause to be entered in full on its journal, and if he does not return
the same within the time above limited it shall take effect in the same manner
as if he had signed it; provided, that the mayor may approve or disapprove
the whole or any item or part of any ordinance or contract; and further pro-
vided, that any item or part disapproved shall have no bearing or connection
with any other part of such ordinance or contract; and such ordinance or con-
tract before taking effect or becoming operative as to the item or parts not ob-
jected to by the mayor shall be again passed by a majority vote of the board,
whereupon the same as so changed shall take effect and become operative after
due publication, if the same be an ordinance. When the mayor refuses to
approve any such ordinance or contract or part thereof and returns it to the
board with his objections, the board shall, after the expiration of not less than
one week, proceed to reconsider it, and if the same is approved by the vote of
four-fifths of all the members thereof, it shall then take effect and become op-
erative after due publication, if it be an ordinance, as if it had received the
signature of the mayor. In the absence of the mayor, the superintendent of
police may take recognizance for the appearance of a person charged with mis-
demeanor or violation of a city ordinance. The mayor shall perform all such
other duties as he may be authorized and required to perform by law or the ordi-
nances of the city not inconsistent or in conflict with this act. [93 v. 500.]
(1545-306) SEC. 18. [Police force; to consist of what; appoint-
ment; control of; qualifications; removing members of force; record of
appointments, etc.] The police force of the city shall consist of one super-
783
Tit. XII,Div.1,Ch.2. SPECIAL GOVERNM’L ACTS.
(1545-307).
intendent, one captain, and two drivers of the patrol wagon, and one patrol-
man for each 1,200 inhabitants of said city, each of whom shall be appointed
by the director of the police department, subject to the approval and confirma-
tion by a majority of the board of control. The superintendent shall have con-
trol of the police force in the absence of the mayor; the captain in the absence
of the mayor and superintendent, under such rules and regulations as the
board shall prescribe. The director of the police department shall appoint no
person to a position on the police force who has not passed a successful phys-
ical examination by a competent physician, to be appointed by the board of
control, according to such rules as to measurements as may be prescribed by
the board. No person shall be eligible to appointment on the police force who
is not an elector of the city, or has not been a resident for one year last past,
who cannot read and write the English language understandingly, who is less
than 25 or more than 45 years of age, who is not of good moral character, and
has never been convicted of a felony, or of a misdemeanor, or the violation of
any ordinance of the city within three years next prior to the date of his ap-
pointment, or who is engaged in any unlawful business or calling. The said
director shall summarily dismiss from the force any member thereof who pro-
cured his appointment thereto by misrepresentation or concealment of any
required qualification. He shall suspend or summarily dismiss any member
thereof who shall enter any place where intoxicating liquor is manufactured
or sold, or who shall drink any intoxicating liquor while on duty, or who shall
visit any house of ill-fame, or be found in the company of any lewd female,
except in the discharge of his duty, or shall violate any law of the state, ordi-
nance of the city, or rule or regulation of the police department; and during
such suspension such policeman shall draw no pay as such from said city.
The appointment, knowingly, by the director, of any person on said police
force not possessing the required qualifications, or his failure or refusal to dis-
cipline or dismiss any member thereof as herein provided, shall be sufficient
cause for the removal of said director from office as hereinafter provided. Any
person thus dismissed from said force shall not be reappointed on said force for
the period of one year thereafter. The director shall keep a full record of the
appointments, suspensions and dismissals from said police force, and the same
shall be open to the inspection of said board of control and the city solicitor at
all times. [93 v. 500.]
(1545-307) SEC. 19. [Bond and oath of member of force.] Each
member of said police force, before entering upon the discharge of his duties,
shall give bond to the city in the sum of $2,000, conditioned for the faithful
performance of his duties according to law, with at least two sureties to the
satisfaction of the board of control and city solicitor, and shall take an oath
of office, which oath and the approval of said bond shall be endorsed thereon,
and thereafter be filed with the clerk. [93 v. 501.]
(1545-308) SEC. 20. [Compensation.] The superintendent of police
shall be paid a compensation not exceeding $80 per month; the captain, not
exceeding $75 per month; the patrolmen and drivers of the patrol wagon, each
a sum not exceeding $60 per month, for the services by them respectively
rendered; said compensation to be paid at least monthly. [93 v. 501.]
(1545-309) SEC. 21. [Summary dismissal for indulging in intoxi-
cants, etc.] Any employe of any of said departments who shall drink intox-
icating liquor while on duty, or who shall come on duty while in a state of
intoxication, or who shall bring or knowingly permit any intoxicating liquors
to be brought into or about any of the public buildings or parks of said city,
shall be summarily dismissed from the city's service by the director of the
department in which he is employed. [93 v. 501.]
784
§ (1545-310).
SPECIAL GOVERNM'L ACTS.
Tit.XII,Div.1,Ch.2.
(1545-310) SEC. 22. [Board of control to provide suitable offices,
etc., for mayor, etc.] The board of control shall provide suitable offices, with
the necessary furniture, books and stationery for the mayor, city clerk, city
auditor, city solicitor and civil engineer in the city buildings. [93 v. 501.]
(1545-311) SEC. 23. [Bonds of city officers.] Before entering upon
the duties of their respective offices, the mayor, city solicitor, city clerk, city
auditor, city civil engineer and deputy city clerk shall give bonds to the city,
conditioned for the faithful performance of their duties according to law; the
mayor in the sum of $25,000, with at least four freehold sureties; the city
solicitor, city auditor and city clerk, each in the sum of $10,000, with at least
two freehold sureties upon each of said bonds; the city civil engineer and the
deputy city clerk, each in the sum of $5,000, with at least two freehold sureties
upon each of their bonds. The sureties upon each of said bonds, respectively,
shall be residents of the state, and at least one on each bond shall be a resident
of such city, and said sureties shall own in fee simple unincumbered real
estate in the state of Ohio aggregating in value double the amount of said bond.
A reliable indemnity company may also be accepted as such bond. Each of
said officers and appointees shall make and subscribe an oath of office, which
shall be endorsed upon his bond. The board of control shall approve all of
said bonds and the sureties thereon, which approval shall be endorsed upon
said bond by the president of said board, and shall thereafter be immediately
recorded with the endorsement thereon in the minutes of said board of control
by the city clerk, and thereupon deposited for safe keeping with the city treas-
urer. [93 v. 501.]
(1545-312) SEC. 24. [County treasurer to act as city treasurer;
bond; oath; compensation.] In all cities of the second class, third grade b,
the county treasurer sall act as city treasurer of such city, and shall be the
custodian of all the funds belonging to said city. Before entering upon the
duties of his office said treasurer shall give bond to said city, conditioned for
the faithful performance of all his duties as such treasurer, in such sum and
with such sureties as the board of control thereof shall require and approve, and
shall make and subscribe an oath of office, which shall be endorsed upon said
bond, which bond and the endorsments thereon shall be forthwith recorded in
the minutes of said board of control and be deposited with the city clerk for
safe-keeping. Said city treasurer shall be paid the sum of $500 per annum for
his services, in quarterly installments, payable out of the general expense fund
of said city. [93 v. 502.]
(1545-313) SEC. 25. [Board of control may require any city em-
ploye to give bond.] The board of control of said city may require any em-
ploye to give a bond to said city, conditioned for the faithful discharge of his
duties, according to law, in such sum and with such sureties as it shall require.
[93 v. 502.]
(1545-314) SEC. 26. [Bond of members of board of control be-
coming insufficient; new may be required.] If, in the opinion of the mayor
or city solicitor, the sureties on the bond of any member of the board of control
become insufficient at any time, they may require such member of the board
of control to give a new bond with sufficient sureties, as provided in this act,
within ten days after notice, and in default therof the office of such member
of the board of control shall be vacant; and if said board of control shall deem
the sureties on the bond of any officer or employe of the city, or the bond of
the city treasurer insufficient at any time, the board of control may require
such officer, employe or city treasurer to give a new bond with sufficient sure-
ties within ten days after notice, as provided for in this act, and on failure to
give such bond the office of such officer or the position of such employe or of the
city treasurer shall be vacant, and said vacancy shall be filled as herein provided,
785
Tit. XII,Div.1,Ch.2.
SPECIAL GOVERNM'L ACTS.
§ (1545-315).
and the giving of such new bond shall not release the sureties on the old bond
for any liability existing prior to the giving of the new bond. [93 v. 502.]
(1545--315) SEC. 27. [Salaries of mayor, city clerk, deputy clerk;
city auditor, and city civil engineer.] The salary of the mayor shall be
$1,000, and of the city solicitor $1,200, payable quarterly. The compensation
of the city clerk shall be at the rate of not exceeding $1,200; of the deputy
clerk, not exceeding $720; of the city auditor not exceeding $1,200; of the city
civil engineer, at the rate of not exceeding $1,200. [93 v. 502.]
(1545-316) SEC. 28. [Vacancy in office of mayor or city solicitor.]
If a vacancy occur in the office of the mayor or city solicitor, during the term
for which either was elected, the same shall be filled by appointment by the
board of control until the next annual municipal election that shall be held
more than thirty days after the occurrence of such vacancy. Such appointee
shall qualify in the same manner, shall have the same power, and authority to
discharge the same duties, be subject to the same liabilities, and shall receive
the same salary as the officer whom said appointee succeeds. At the next
annual municipal election said office shall be filled by election for the unex-
pired term thereof. [93 v. 502.]
(1545-317) SEC. 29. [Advertising.] All advertising required by law
or ordinance on behalf of said city shall be printed in one daily newspaper
published in the English language, and of general circulation in said city, and
Annu-
shall strictly conform to section 4369 of the Revised Statutes of Ohio.
ally, within thirty days after its organization the board of control shall receive
sealed bids for said advertising, and said advertising shall be awarded to the
The board shall
lowest bidder therefor for the period of one year thereafter.
require the successful bidders to give bond in such sum as it may deem ex-
pedient, with sureties to its satisfaction for the faithful performance of such
contract. The board of control, in its discretion, may reject any or all bids
for such advertising. [93 v. 503.]
(1545—318) SEC. 30. [Bids for furnishing office supplies, etc.] Said
board of control shall advertise for the period of ten days for sealed bids for
the furnishing of blank books, stationery, furniture, and all other necessary
supplies for the offices of said city. Said bids shall be upon blanks furnished
by the city clerk, defining the kind, quality and quantity of the articles re-
quired; and thereafter the said board of control as far as practicable, shall
purchase all supplies required by any department of said city in quantities
from the lowest bidder, after ten days' advertising as above prescribed.
bids advertised for by said board of control for all purposes whatsoever, shall
be received under seal up until two o'clock p. m. of the day named in the ad-
vertisement for the reception of bids, and shall forthwith be publicly opened
and read by said board, and recorded by said city clerk in the minutes of
said board. Said board of control, in its discretion, may reject any or all such
bids, whether the advertisement reserves the right or not. [93 v. 503.]
All
(1545-319) SEC. 31. [Procedure when contract involves expenditure
of more than $100.] No contract involving the expenditure of $100 or upwards
for the purchase of any machinery, apparatus, appliance, article or supplies for
the use of said city, or for any public improvement upon the part of said city,
shall be made by said board of control, until after advertisement and bids there-
for shall have been received, opened, read and recorded, when said contract shall
be awarded to the lowest and best bidder, as is provided in sections 29 and 30
of this act; provided, however, that whenever said city desires to sell bonds or
purchase machinery or supplies, or contract for a public improvement involv-
ing an expenditure of $2,000 or upwards, said board may advertise in addition
thereto, in other ways, and may likewise reject any and all bids made therefore,
whether the advertisement so states or not. [93 v. 503.]
51
786
§ (1545-320).
SPECIAL GOVERNM'L ACTS. Tit. XII.Div.1,Ch.2.
(1545-320) SEC. 32. [Nonfeasance or misfeasance of city officers.]
Any officer of a city of the second class, third grade b, who shall willfully neg-
lect or refuse to perform any of the duties of his office, shall be guilty of a mis-
demeanor, or who shall be guilty of misfeasance or malfeasance in his office, or
who shall be guilty of any offense under the criminal laws of this state, shall,
upon conviction thereof, be adjudged by the court before which he is convicted,
to have forfeited his office, and the vacancy thereby created in said office shall
be filled as herein before provided; it shall be unlawful for any member of the
board of control, or any officer or employe of the municipality to accept of any
orders, or to be interested, directly or indirectly, in discounting any order issued
or to be issued by the municipality, or to purchase any such order, bill or ac-
count; and any member of the board of control or other officer who shall be
guilty of such offense shall forfeit his office, and any employe guilty of such
offense shall be dismissed forthwith from the service of the city. [93 v. 503.]
(1545-321) SEC 33. [City officials or employes not to be interested
in contracts.] It shall be unlawful for any member of the board of control
or other officer or employe of said city to be pecuniarily interested, directly or
indirectly, in any contract for work to be done for, or machinery, material or
supplies of any kind whatever, to be furnished to said city, or any department
thereof, and any contract so made shall be void; and any member of the board
of control or other officer who shall be guilty of such offense shall forfeit his
office, and any employe guilty of such offense shall be dismissed forthwith
from the service of the city; and the person guilty of such offense shall also
be liable, on his bond, in a civil action in addition thereto for damages suffered
by the city growing out of such unlawful act. [93 v. 504.]
(1545-322) SEC. 34. [City officials or employes not to receive fees,
presents, etc.] If any member of the board of control, or other officer or
employe of the city shall receive any fee, present, gift, reward or emolu-
ment, or share, or interest therein other than his regular salary or compensa-
tion for services as provided in this act, if an officer, he shall forfeit his office;
if an employe, he shall be dismissed from the service of the city; and such
offender shall be punished for misdemeanor. [93 v. 504.
(1545-323) SEC. 35. [How nominations to be voted for at munic-
ipal election to be made.] In all cities of the third grade b, of the second
class, all nominations of candidates, by all political parties or associations, for
mayor, city solicitor, member of the board of control, or any candidate for any
office to be voted for at any municipal election, shall be made by a plurality
of the lawful electors of their respective political parties, at primary elections,
and in the manner provided in an act entitled "An act to provide for nom-
ination of candidates in certain counties, and to regulate the conduct of pri-
mary elections," passed May 18, 1894. [93 v. 504, § (2921—1) et seq.]
(1545-324) SEC. 36. [Certain sections made applicable to Ham-
ilton.] That sections 1953, 1954, 1955, 1956, 1957, 1963, 1964, 1980 and 1981,
of the Revised Statutes be, and the same are hereby made applicable to cities
of the third grade b, of the second class, as though such sections were in this
act repeated. [93 v. 504.]
787
Tit.XII, Div.2, Ch.1.
CLASSIFICATION, ETC.
§ 1546.
CHAPTER 1.
SECOND DIVISION: ORGANIZATION.
CLASSIFICATION; GENERAL POWERS.
CHAPTER 2. VILLAGES AND HAMLETS, HOW CREATED; CHANGE OF NAME.
HAMLETS: MANNER OF ADVANCING TO BE VILLAGES.
CHAPTER 3.
CHAPTER 4.
CHAPTER 5.
CITIES OF THE SECOND CLASS, HOW ADVANCED TO FIRST CLASS;
VILLAGES, HOW ADVANCED TO CITIES OF THE SECOND CLASS.
ANNEXATION: 1. OF TERRITORY ON APPLICATION OF ITS CITI-
ZENS; 2. OF TERRITORY ON APPLICATION OF A CORPORATION;
3. OF ONE MUNICIPAL CORPORATION TO ANOTHER.
CHAPTER 6. DUTIES OF STATE OFFICERS AS TO ADVANCEMENT OR REDUC-
CHAPTER 7.
TION IN CLASS OR GRADE.
MERGER OF TOWNSHIP IN CORPORATION.
CHAPTER 8. WARDS, HOW ESTABLISHED; CHANGE OF BOUNDARY.
CHAPTER 9.
SURRENDER OF MUNICIPAL POWERS; REDUCTION IN CLASS, ETC.
SECTION
CHAPTER 1.
CLASSIFICATION; GENERAL POWERS.
SECTION
1550. Hamlets.
1551. Population for organization or advance in
rank.
General powers.
1546. Classification, general.
1547. Cities of the first class.
1548. Cities of the second class.
1549. Villages; first and second class; change of
grade in class; advancement.
1552.
For old classification, see (S. & C. 1508).
It is now too well settled by the decisions of this court (supreme) to be called in question, that legislation
may be adapted to the different classes into which the municipal corporations of the state have been classified
by the Revised Statutes, Title XII, Div. 2, Chapter 1, without violating Art. XIII, 31, of the Constitution, which
prohibits the conferring of special corporate powers: State ex rel. v. Hawkins, 44 O. S. 108.
Quære: Whether quo warranto lies to determine the right of a community to be a municipal corpora-
tion: State ex rel. v. Newark et al., 57 O. S. 430.
Quo warranto will not lie to simply test the powers of a municipality: State ex rel. Newark et al., 57
O. S. 430.
The proper remedy when rights of person or property are affected is to enjoin; or where an office is
created and it is filled in a manner not authorized by law, quo warranto against the incumbent is the
remedy: Id.
SEC. 1546. [Classification, general.] Municipal corporations are divided
into cities, villages, and hamlets; cities are divided into two classes, first and
second; cities of the first class are divided into three grades, first, second and
third; cities of the second class are divided into eight grades, first, second,
third, third a, third b, third c, fourth, fourth a. Cities of the second class, which
hereafter become cities of the first class, shall constitute the fourth grade of
the latter class; and villages, which hereafter become cities, shall belong to
the fourth grade of the second class; provided, that nothing in this act shall
change the grade or class of any city now existing, except such city or cities.
as are or may be included in the third grade c, of the second class, hereby cre-
ated. [93 v. 601; 91 v. 58; 91 v. 14; 89 v. 18; 88 v. 160; 66 v. 149, § 2.]
"Fourth," qu. whether this should be read "third": State v. Toledo, 48 O. S. 112, 130.
*The act referred to is the new charter for Portsmouth, 1707 et seq., which is to be
submitted to electors.
788
§§ 1547-1548.
CLASSIFICATION, ETC.
Tit. XII, Div. 2, Ch. 1.
Classification of cities sustained: Hermann v. Cincinnati, 9 C. C. 357; 2 O. D. 292, aff'd by Supreme Court
without report, 33 W. L. B. 210; State ex rel. v. Baker, 55 O. S. 9, and cases cited.
Under the power to organize cities and villages (Art. XIII, 26, of the Constitution), the general assembly
is authorized to classify municipal corporations and an act relating to any such class may be one of a general
nature: State v. Covington, 29 O. S. 102; State v. Mitchell, 31 O. S. 592. See cases cited, 34 O. S. 270.
A court is not bound to take judicial notice of the class to which any certain city belongs: Bolton v.
Cleveland, 35 O. S. 321.
The classification of municipal corporations provided for in the Revised Statutes, ? 1546-1550, is author-
ized by the Constitution, and is not in conflict with Art. II, § 26, nor Art. XIII, 36: State v. Brewster, 39 O. S. 654.
Followed and approved in Bronson v. Oberlin, 41 O, S, 480,
The act of April 3, 1885 (82 v. 101), providing for a police force in "cities of the first grade of the first
class," applies to all cities of that class and grade in the state, and is therefore constitutional: State ex rel. v.
Hudson, 44 0. S. 137.
See note to State ex rel. v. Anderson, 44 O. S. 248, under ? 1548.
The classification provided for in 21546 and 1547 is valid: Marmet v. State, 45 O. S. 66.
SEC. 1547. [Cities of the first class: Cincinnati; Cleveland; Toledo.]
Existing corporations, organized as cities of the first class, shall remain such,
and their grades, and the grades of those which may be, or may become, cities
of the first class, shall be determined as follows: those which, on the first day
of July last, had, and those which hereafter, on the first day of July, in any
year, have, according to an official report or abstract of the then next pre-
ceding federal census, more than two hundred thousand inhabitants, shall
constitute the first grade; those which, on the first day of July last, had,
and those which hereafter, on the first day of July, in any year, have, when
ascertained in the same way, more than ninety thousand, and less than two
hundred thousand inhabitants, shall constitute the second grade; and those
which, on the first day of July last, had, and those which hereafter, on the
first day of July, in any year, have, when ascertained in the same way, more
than thirty-one thousand five hundred, and less than ninety thousand inhab-
itants, shall constitute the third grade. [66 v. 149, § 3.]
Cited: Hayes & Sons v. Cleveland, 55 O. S. 123.
The "official report" referred to in this section, is that of the Secretary of State required by 1617: Id.
The time within which it is to be transmitted to the general assembly which is required by 21548, is
governed by 2 62: Id.
Cleveland still belongs to the second grade, first class: Herrmann v. Cincinnati, 9 C. C. 357; 2 O. D. 292,
aff'd by supreme court without report, 33 W. L. B. 210; State v. Maxfield, 9 C. C. 26; 2 O. D. 20.
The fact that a report is made in advance of the time does not advance the time in which a city shall be
advanced in grade: State v. Maxfield, 9 C. C. 26; 2 O. D. 20.
Increase of population does not advance a city from second class to first class until proper steps are
taken: State v. Wall, 47 O. S. 499.
See note to Marmet v. State, 45 O. S. 66, under 2 1546.
SEC. 1548. [Cities of the second class.] Existing corporations, organ-
ized as cities of the second class, shall remain such until they become cities of
the first class, and their grade and the grades of those which may be or may
become cities of the second class shall be determined as follows: Those which,
on the first day of July, A. D. 1890, had, and those which, on the first day of
July, in any year, have, when ascertained in the way mentioned in section
1547 of the Revised Statutes, more than thirty thousand five hundred, and less
than thirty-one [thousand] five hundred inhabitants, shall constitute the first
grade; those which, on the first day of July, A. D. 1890, had, and those which,
on the first day of July, in any year, have, when ascertained in the same way,
more than twenty thousand and less than thirty thousand five hundred in-
habitants, shall constitute the second grade; those which, on the first day of
July, A. D. 1890, had, and those which, on the first day of July, in any year,
have, when ascertained in the same way, more than ten thousand and less
than twenty thousand, shall constitute the third grade; those which, on the
first day of July, A. D. 1890, had more than twenty-eight thousand and
less than thirty-three thousand inhabitants, and those which, on the first
day of July, in any year, have, when ascertained in the same way, more
than twenty-eight thousand and less than thirty-three thousand inhabitants,
shall constitute and be the third grade a; those which, on the first day of
July, A. D. 1890, had more than sixteen thousand and less than eighteen thou-
sand inhabitants, shall, on and after the passage of this act, constitute and
be, and those which, on the first day of July, in any year, have, when ascer-
tained in the same way, more than sixteen thousand and less than eighteen
thousand inhabitants, shall constitute and be the third grade b; those which,
on the first day of July, A. D. 1890, had more than twelve thousand [and]
789
Tit. XII, Div. 2, Ch. 1.
CLASSIFICATION, ETC.
§ 1549–1552.
three hundred and less than thirteen thousand three hundred inhabitants, and
those which, on the first day of July, in any year, have, when ascertained in
the same way, more than twelve thousand three hundred and less than thirteen
thousand three hundred inhabitants, shall constitute and be the third grade c;
and those which on the first day of July, 1890, had, and those which hereafter,
on the first day of July, in any year, have less than ten thousand and more
than five thousand inhabitants, shall constitute the fourth grade; except that
those which, on the first day of July, 1890, had more than eight thousand
three hundred and thirty and less than nine thousand and fifty inhabitants,
shall, on and after the passage of this act, constitute and be, and those which
may hereafter on the first day of July, in any year, have, when ascertained in
the same way, more than eight thousand three hundred and thirty and less
than nine thousand and fifty inhabitants, shall constitute and be the fourth
grade a. [93 v. 601; 91 v. 58; 91 v. 14; 89 v. 18; 88 v. 160; 66 v. 149, § 4.]
Last amendment part of act creating the new charter for Portsmouth which is to be
submitted to electors.
Columbus still belongs to the first grade, second class: State v. Wall, 47 O. S. 499.
The act of March 26, 1886, supplementary to 2 1707 of the Revised Statutes (83 v. 43), applies only to the
city of Akron, and is therefore invalid: State ex rel. v. Anderson, 44 0. S. 248.
The time of transmission is regulated by ¿ 62 R. S.: Hayes & Sons v. Cleveland, 55 O. S. 124.
Cited: Seifert v. Weidner, 12 C. C. 3; 5 O. D. 506, aff'd without report, 55 O. S. 646.
SEC. 1549. [Villages, first and second class, change of grade or class
advancement. Existing corporations, organized as incorporated villages shall
be villages until they become cities of the second class, and their grades, and
the grades of those which may be, or may become, villages, shall be deter-
mined as follows: Those which, on the first day of July last, had, and those
which, on the first day of July, in any year, have, when ascertained in the
manner stated in section fifteen hundred and forty-seven, more than three thou-
sand, and less than five thousand inhabitants, shall be villages of the first
class; and all other municipal corporations having, when ascertained in the
same manner, more than two hundred and less than three thousand inhab-
itants, shall be villages of the second class; provided, that no municipal cor-
poration shall pass into any other class or grade, under the operation of this
section, or the preceding sections, fifteen hundred and forty-seven and fifteen
hundred and forty-eight, unless the council shall first have declared, by a vote
of two-thirds of all the members thereof, that such change of class or grade is
expedient; provided, however, that nothing contained in this or the preceding
sections fifteen hundred and forty-seven and fifteen hundred and forty-eight shall
prevent the advancement of municipal corporations in the mode contemplated
in the sixth chapter of this division, if it is deemed by the council expedient
to submit the question in the way contemplated in that chapter. [89 v. 302;
66 v. 149, §5.]
Time at which council should declare it not expedient to advance in grade. Hayes v Cleveland, 55 O. S.
117, 123.
SEC. 1550. [Hamlets.] Existing corporations, organized as incorporated
villages for special purposes, shall be hamlets, until advanced to villages, in the
manner provided in this title. [66 v. 149, § 6.]
SEC. 1551. [Population requisite for organization or advance in rank.]
A city of the second class shall not be advanced to the first class until it attains
a population of twenty thousand inhabitants; a village shall not be advanced
to a city of the second class until it attains a population of five thousand
inhabitants; a hamlet shall not be advanced to a village, nor shall a village be
organized until it attains a population of two hundred; nor shall a hamlet be
organized until its territory embraces fifty electors, except as provided in section
fifteen hundred and fifty-three. [70 v. 252, §7.]
SEC. 1552. [General powers.] Municipal corporations, now or here-
after organized, are bodies politic and corporate, under the name of the city of
or the hamlet of
as the case may be; and
as such they may sue and be sued, contract and be contracted with, acquire,
2
the village of
"
790
S$ 1553-1554.
VILLAGES AND HAMLETS. Tit. XII, Div. 2, Ch. 2.
hold, possess, and dispose of property, subject to the restrictions contained in
other chapters of this title, have a common seal, and change or alter the same
at pleasure, and exercise such other powers, and have such other privileges as
are conferred by this title. [66 v. 150, § 8.]
""
Municipal corporations have, in addition to those powers which are expressly granted, such other powers
as are necessary to carry into execution the authority expressly delegated. Beyond this the court ought
not to go; and should there be error in construing those powers, it is better to err in restricting than extend-
ing them: " Collins v. Hatch, 18 O. 523-Hitchcock, J.
But when a municipal corporation is endeavoring, not to extend its powers to the injury of others, but
to set up, as defense to an action for borrowed money, that it exceeded its authority in borrowing the money,
the power, in case of doubt, ought to be upheld: Bank of Chillicothe v. Chillicothe, 7 O. (2 pt.) 31.
Power to acquire property ordinarily includes power to dispose of it: Reynolds v. Stark Co., 5 O. 204;
and though restrained from selling at less than par, the corporation may sell on credit: Newark v. Elliott,
5 O. S. 113.
A misnomer does not invalidate. Bonds of "the town of Perrysburgh," instead of the "village of Per-
rysburgh," are valid: Fosdick v. Perrysburgh, 14 O. S. 472.
Cited in Lane v. State, 39 O. S. 314.
In an action brought by a city organized under the laws of Ohio, it is not necessary that its petition
should be signed by the city solicitor as such officer: Deatrick v. City of Defiance, 1 C. C. 340.
It is not necessary that an action on behalf of such city should be brought by the city solicitor: Ib.
A municipality may buy at sale, property on which it has a lien. Col. v. Schneider, 36 W. L. B. 2.
CHAPTER 2.
VILLAGES AND HAMLETS-HOW CREATED.
SECTION
1553. Right to incorporation restrictions.
1554. How application made.
SECTION
1562. Injunction against recorder.
1563. Proceedings in such case.
1555.
Petition: what it shall contain.
1564.
1556.
Presentation to commissioners: time of hear-
ing; notice.
Filing, docketing and hearing of petition and
judgment thereon.
1565.
1557. Hearing before commissioners.
1566.
1558. Order for organization.
1559. Order to be entered on journal.
1567.
1560. When recorder to make record.
1568.
Election of officers.
Established and reviewed as in other cases.
Power of officers as in other cases.
When territory embraces parts of more than
one county.
1561. Name; transcripts; judicial notice taken.
1569. Fees in advance.
1561a. Petition to township trustees for incorporation.
15616. Procedure upon receipt of petition.
1561c. Election upon question; injunction; petition
1570.
Proceedings for change of name.
1571.
Power of court; costs; saving rights.
1571a. Error in proceedings does not render void if tax
has been paid.
for error.
For 21553-1565, see (S. & C. 1493-1495).
SEC. 1553. [Right to incorporation: restrictions.] The inhabitants of
any territory laid off into village or hamlet lots, a plat of which territory has
been acknowledged and recorded as is provided with respect to deeds, or the
inhabitants of any territory which has been laid off into such lots and sur-
veyed and platted by an engineer or surveyor who certifies thereon, under oath,
to its correctness, and which is recorded as is provided with respect to deeds, or
the inhabitants of any island or adjacent islands, or parts thereof, or of such
island or islands or parts thereof, and adjacent territory, may obtain the organ-
ization of a village or hamlet, in the manner provided in this title; and when
such village or hamlet is organized upon any island or islands, it may be done
without reference to the number of permanent inhabitants embraced within.
such territory, and without such plat having been first made; provided, that
no corporation under this chapter shall embrace within its limits the grounds
or improvements of any county or city infirmary. [92 v. 26; 73 v. 165, § 9;
76 v. 116, § 1.]
66
For an act defining boundary line between villages adjoining each other on opposite
sides of a railroad, and their separate jurisdiction" (78 v. 93), see? (1830—1).
SEC. 1554. [How application made.] Application for such purpose
shall be made by petition, which, except as provided in the last preceding sec-
tion, shall be signed by not less than thirty electors, residing within the pro-
posed corporate limits, and addressed to the county commissioners; and the
same shall be accompanied by an accurate map of the territory. [71 v. 65, § 10;
66 v. 150, § 11.]
791
Tit. XII, Div. 2, Ch. 2. VILLAGES AND HAMLETS.
§§ 1555-1560.
SEC. 1555. [Petition: what it shall contain.] The petitions shall con-
tain the matters following: 1. An accurate description of the territory
embraced within the proposed corporation, and it may contain adjacent terri-
tory not laid off into lots; 2. The supposed number of inhabitants residing
in the proposed corporation; 3. Whether the corporation desired is a village
or hamlet; 4. The name proposed; and 5. The name of some person to act
as agent for the petitioners, and more than one agent may be named therein.
[66 v. 150, § 11.]
SEC. 1556. [Presentation to commissioners: time of hearing; no-
tice.] The petition shall be presented to the board of commissioners at a
regular session thereof, and when so presented the board shall cause it to be
filed in the office of the county auditor, where it shall be subject to the inspec-
tion of any person interested; and the commissioners shall then fix the time
and place for hearing the petition, and communicate the same to the agent of
the petitioners, which time shall not be less than sixty days after such filing;
and thereupon the agent shall cause a notice, containing the substance of the
petition, and the time and place where the same will be heard, to be published
in some newspaper printed and of general circulation in the county, for the
period of six consecutive weeks, and cause a copy of the notice to be posted in
a conspicuous place within the limits of the proposed corporation, not less than
six weeks prior to the time fixed for such hearing. [66 v. 150, § 12.]
The notice required by this section, when it is made applicable to the annexation of territory to a village,
on application of the corporation, must be posted on the territory proposed to be annexed: Franklin v. Croll,
31 O. S. 647.
SEC. 1557. [Hearing before the commissioners.] The hearing shall
be public, and may be adjourned from time to time, and from place to place,
according to the discretion of the commissioners, and any person interested
may appear, in person or by attorney, and contest the granting of the prayer of
the petition, and any affidavits presented in support of or against the prayer of
the petition shall be considered by the commissioners, and the petition may be
amended by their leave; but if any amendment is permitted, whereby territory
not before embraced is added, the commissioners shall appoint another time for
the hearing, of which notice shall be given, as specified in the last preceding
section. [66 v. 151, § 13.]
Title XII, Division 2, Chaps. 2 and 5 are to be construed as one act, and § 1557 applies to the procedure:
Shugars v. Williams, 50 O. S. 297.
SEC. 1558. [Order for organization.] If the commissioners, upon
such hearing, find that the petition contains all the matters required, that its
statements are true, that the name proposed is appropriate, that the limits of
the proposed corporation are accurately described, and are not unreasonably
large or small, that the map or plat is accurate, that the persons whose names
are subscribed to the petition are electors residing on the territory, that notice
has been given as required, that there is the requisite population for the pro-
posed corporation, and if, moreover, it seems to the commissioners right that
the prayer of the petition be granted, they shall cause an order to be entered
on their journal to the effect that the corporation may be organized. [66 v. 151,
§14.]
SEC. 1559. [Order to be entered on journal; papers filed with
recorder.] The commissioners shall cause to be entered on their journal all
their orders and proceedings in relation to such incorporation, and they shall
cause a certified transcript thereof, signed by a majority of them, to be deliv-
ered, together with the petition, map, and all other papers on file, relating to
the matter, to the recorder of the county, at the earliest time practicable. [66 v.
151, § 15; 66 v. 152, § 19.]
SEC. 1560. [When recorder to make record.] The recorder shall file
the transcript and other papers in his office, and at the expiration of sixty days
792
§§ 1561-1561c.
VILLAGES AND HAMLETS. Tit. XII, Div. 2, Ch. 2.
thereafter, unless enjoined as hereinafter provided, he shall make a record of
the petition, transcript, and map in the proper book of records, and preserve in
his office the original papers delivered to him by the commissioners, certifying
thereon that the transcript, petition, and map are properly recorded. [66 v.
151, § 16.]
SEC. 1561. [Name; transcript of record; judicial notice taken of
corporation.] When the record is made, the corporation shall be deemed the
village of
or the hamlet of
as the case may be, to be organized
and governed under the provisions of this title; and thereupon the recorder
shall make, and certify under his official seal, two transcripts of the record, one
of which he shall forward to the secretary of state, and the other deliver, on
demand, to the agent of the petitioners, with a certificate thereon that the dupli-
cate has been forwarded to the secretary of state; and when any municipal
corporation is organized by the election of its officers, notice of its existence
shall be taken in all judicial proceedings. [66 v. 152, §§ 17, 18.]
SEC. 1561a. [Petition to township trustees for incorporation.] When
the inhabitants of any territory or portion thereof, all of which is located
within the limits of the same township, desire that such territory shall be in-
corporated into a village or hamlet, they shall make application to the trus-
tees of such township, by petition signed by at least thirty electors thereof, a
majority of whom shall be freeholders. Said petition shall be accompanied by
an accurate map of the territory, and shall contain, in addition to the matters
set forth in section 1555 of the Revised Statutes of Ohio, the request of the
petitioners that an election be held to obtain the sense of the electors upon
such incorporation, and such petition may be presented at a regular or special
meeting of the township trustees. [92 v. 333.]
SEC. 1561b. [Procedure upon receipt of petition.] When the town-
ship trustees receive the petition, together with the proof that the persons who
signed it are electors, and reside within the limits of the proposed incorpora-
tion, and that a majority of them are freeholders, they shall then make and
declare that such territory shall, with the assent of the qualified voters thereof
as hereinafter provided, be an incorporated village or hamlet by the name
specified in the petition aforesaid, and they shall also include in such order, a
notice for the election by the qualified voters, residents in said territory, at a
convenient place therein to be by them named, on some day within fifteen
days thereafter, to determine whether such territory shall be incorporated, and
said township trustees shall give ten days' notice of such election by publica-
tion in a newspaper of general circulation in such territory, and cause written
or printed notices thereof, to be posted in three or more public places in said
territory proposed to be incorporated. [92 v. 333.]
SEC. 1561c. [Election upon question; injunction; petition for error.]
The township trustees shall be judges of the election, and the township clerk
shall be clerk thereof, and the election shall, as far as practicable, be conducted
in the manner prescribed for the election of township officers, and the ballot
shall contain the words "For incorporation" and "Against incorporation,"
and if a majority of the ballots cast at such election shall contain thereon the
words "Against incorporation," the voters of such territory shall be deemed
not to have assented to the incorporation thereof, and no further proceedings
shall be had in relation thereto, but this shall not be a bar to other proceed-
ings for the same purpose; but if a majority of the ballots cast shall have
thereon the words "For incorporation," the township trustees shall cause to
be entered on their journal, a minute of all their proceedings, the number of
votes cast at the election, the number of votes cast for incorporation, and the
number cast against incorporation, and they shall then declare that said terri-
tory shall from that time be deemed an incorporated village or hamlet, and
793
Tit. XII, Div. 2, Ch. 2. VILLAGES AND HAMLETS.
§§ 1562-1564
shall make an order declaring that such village or hamlet has been incorpo
rated by the name adopted, and the trustees shall make a certified transcript
of the journal entries of all their proceedings, together with their original
petition and plat, and a majority of them having signed it, they shall deliver
the same to the county recorder, who shall forthwith make a record of the
petition, transcript and plat or map, in the public book of records, and pre-
serve in his office the original papers delivered to him by the trustees, and cer-
tify thereon that the transcribed petition and map are properly recorded.
When the recorder has so made said record, he shall certify and forward to the
secretary of state, a transcript of the same. The corporation shall then be a
village or hamlet, as the case may be, under the name adopted in the petition,
with all powers and authorities, and be recognized as such, the same as if such
incorporation had been organized under chapter 2, division 2, title 12 of the
Revised Statutes of Ohio, but no injunction shall be brought, as provided in
section 1562 of the Revised Statutes of Ohio, unless the same be instituted
within ten days from the filing of the papers with the county recorder: pro-
vided, however, that the right of petition to the court of common pleas for
error, shall exist as is provided for in the following sections of this chapter.
[92 v. 334.]
SEC. 1562. [Injunction against recorder.] Any person interested may,
within sixty days from the filing of the papers with the recorder, as above pro-
vided, make application by petition to the court of common pleas, or, if dur-
ing vacation, to a judge thereof, setting forth the errors complained of, or the
inaccuracy of the boundaries, or that the limits of the proposed corporation
are unreasonably large or small, or that it is not right, just, or equitable that
the prayer of the petition presented to the board of commissioners be granted,
or containing any or all of such averments, and praying an injunction restrain-
ing the recorder from making the record and certifying the transcript, as above
required. [92 v. 196; 66 v. 152, § 20.]
An injunction can not be allowed to re-try upon their merits the proceedings which were had before the
commissioners, except for error or irregularity in such proceedings, or inaccuracy in the description of the
territory sought to be incorporated: Hulbert v. Mason, 29 O. S. 562.
SEC. 1563. [Proceedings in such case.] When the petition is filed, the
person filing the same shall give notice thereof, in writing, to the recorder and
the agent of the petitioners for the corporation; and the recorder, on receiving
such notice, shall forthwith transmit to the clerk of the court where the peti-
tion for injunction is pending, all the papers relating to the matter on file in
the recorder's office; and in that event, no record of the papers shall be made
by the recorder, or transcript certified by him, as above provided, unless he
receive a certificate from the clerk of the court, showing that the injunction
has been denied. [66 v. 152, §§ 21, 22.]
SEC. 1564. [Filing, docketing and hearing of petition, and judg-
ment thereon.] The court or judge shall cause said petition to be filed and
docketed in the office of the clerk of courts, and shall hear the petition at such
time as he shall appoint, not less than twenty days from the filing of the same.
And upon such hearing the court or judge may hear evidence upon the matters
and things averred in the petition; and if, upon such hearing, no error is
found in the proceedings before the commissioners, and no inaccuracy in the
boundaries, and if the court shall further find that the limits of the proposed
corporation are not unreasonably large or small, and that it is right, just and
equitable that the prayer of the petition presented to the commissioners be
granted, the petition for such injunction shall be dismissed; and thereupon the
clerk shall return the papers to the recorder, with a certified transcript of the
order of the court, and the recorder shall immediately record the transcript
certified by the commissioners, the petition for the corporation, the map, and
the order of the court, and make, forward and deliver transcripts as above pro-
794
§§ 1565-1569.
VILLAGES AND HAMLETS. Tit. XII, Div. 2, Ch. 2.
vided; but if error is found in the proceedings, or if the boundaries are found
to be so inaccurately described as to render indefinite or uncertain limits or
extent of the proposed corporation, or if the court shall find that the limits of
the proposed corporation are unreasonably large or small, or that it is not right,
just or equitable that the prayer of the petition presented to the commis-
sioners be granted, then the court or judge shall make an order enjoining the
recorder from making the record; provided that such order shall not be a bar
to any subsequent application to the commissioners for the purpose of effect-
ing such incorporation. And the court or judge shall render such judgment as
to the payment of the cost incurred in such proceeding for injunction as he
shall deem just and equitable. [92 v. 196; 66 v. 152, § 23.]
SEC. 1565. [Election of officers.] The first election of officers for such
corporation shall be at the first annual municipal election after its creation, and
the place of holding the election shall be fixed by the agent of the petitioners,
and notice thereof, printed or plainly written, shall be posted by him at three
or more public places within the limits of the corporation, at least ten days
before the election; which election shall be conducted, and the officers chosen
and qualified, in the manner prescribed for the election of township officers:
provided, that such first election may be a special election held at any time not
exceeding six months after the incorporation, and the time and place of holding
such special election shall be fixed by the agent aforesaid, and notice thereof
shall be given as is required in this section for the annual municipal election.
[73 v. 157, § 24.]
SEC. 1566. [When territory embraces parts of more than one
county.] When the inhabitants residing upon adjacent portions of territory,
in two or more counties, laid off into village or hamlet lots, a plat or plats of
which have been acknowledged and recorded, as herein before required, desire
the organization of such territory into a village or hamlet, the petition therefor
shall be made to the commissioners of the county in which the largest number
of qualified voters of the proposed corporation reside, and a statement to that
effect shall be set forth in the petition; and the transcript of the proceedings
of the commissioners, and the map or plat accompanying the same, shall be
recorded in the county in which the petition is filed, at the time and in the
manner provided for in other cases; and the recorder of such county shall,
within ten days thereafter, make a certified transcript of such record for each
of the other counties in which any portion of the territory is situated, and for-
ward the same to the recorders of such counties, to be by them recorded in the
manner that the original papers are required to be recorded. [66 v. 153, § 25;
(S. & C. 1552).]
SEC. 1567. [Proceedings to establish or review same as other cases.]
In all other respects, the proceedings to establish the corporation, or review the
action of the commissioners, shall be as provided in cases where all the inhab-
itants residing on the territory to be organized into such corporation, reside in
one county. [66 v. 153, § 26.]
SEC. 1568. [Power of officers as in other cases.] When the juris-
diction of municipal officers is coextensive with the county in which the cor-
poration is situated, their jurisdiction in corporations embracing territory of
more than one county shall be coextensive with each of the counties in which
any part of such territory is located. [66 v. 153, § 27; (S. & C. 1552).]
SEC. 1569. [Fees to be paid in advance.] Each officer shall receive
for the services required of him under this division, the same fees he would be
entitled to for similar services in other cases, and, unless such fees are paid in
advance, for services under this chapter, by the agent of the petitioners, of
whom demand may be made, and by some person interested for services under
other chapters of this division, the officer shall not be required to perform the
service. 66 v. 153, § 28.]
[66
795
Tit.XII,Div.2,Ch.3. HAMLETS: MANNER OF ADVANCING. $$ 1570-1574.
SEC. 1570. [Proceedings for change of name.] Whenever it is desirable
to change the name of a village or hamlet, a petition for the purpose, subscribed
by at least twelve freeholders of the corporation, setting forth the reasons why
such change is desirable, shall be filed in the court of common pleas of the
county in which the corporation, or the larger part thereof, is situate; and a
notice, setting forth the object of the petitioners, and the time when and place
where the petition will be heard, shall be published for thirty days previous to
the hearing, in a newspaper of general circulation in the corporation. [40 v. 28,
§§ 2, 3; S. & C. 1138.]
For further legislation on the subject of changing names, see ?? 5852 to 5857, inclusive.
SEC. 1571. [Power of court; costs; saving rights, etc.] The court,
upon being satisfied by proof that the prayer of the petitioners is just and
reasonable, that notice, as required in the foregoing section, has been given,
that at least three-fourths of the inhabitants of such corporation desire the
change, and that there is no other municipal corporation in the state with the
name as prayed for, may order such change to be made; and the clerk of the
court shall thereupon tax the petitioners with the costs, and record the proceed-
ings in a book to be kept by him for the purpose; provided, that such change
shall not alter or affect any right, liability, action, or right of action, civil or
criminal. [40 v. 28, §§ 1, 3, 4; S. & C. 1138.]
SEC. 1571a. [Error in proceedings does not render void if tax has
been paid.] No error, irregularity or defect in any proceeding for the creation
of a municipal corporation shall render it invalid if the territory sought to be
incorporated has been recognized as such corporation, and any tax levied upon
it as such has been paid, or it has been subjected to the authority of the council
without objection from its inhabitants. [1883, April 3: 80 v. 92.]
CHAPTER 3.
HAMLETS: MANNER OF ADVANCING TO BE VILLAGES.
SECTION
SECTION
1572. Application by petition.
1573. What petition shall contain.
1579.
1574. Fixing time and place of election; notice.
1575. Conduct of election; ballots.
1578. Record: delivery of copy, etc., to recorder.
Judge, recorder, etc., governed as in case of
original corporation.
1580.
1581.
Census if vote affirmative.
When incorporation complete: judicial notice.
Election of officers; laws, etc., to remain in
force; books, etc., to successor.
1576. Effect of negative vote, not a bar.
1577.
SEC. 1572. [Application by petition.] When the inhabitants of a ham-
let, or any portion thereof, desire that the corporation or part thereof be
advanced to a village, they shall make application to the trustees of the hamlet,
by petition, signed by at least fifty electors thereof, a majority of whom shall
be freeholders. [66 v. 154, §§ 29, 30.]
SEC. 1573. [Petition: its requisites.] The petition shall contain the
statement that the hamlet contains the requisite population for a village, and
that it is the desire of the inhabitants to be so advanced, and also the request
of the petitioners that an election be held to obtain the sense of the electors
upon such advancement. [66 v. 154, §31.]
SEC. 1574. [Fixing time and place of election; notice.] When the
trustees receive the petition, and are satisfied that the persons who signed it are
electors and reside within the corporation, and that a majority of them are
796
§§ 1575–1581. HAMLETS: MANNER OF ADVANCING. Tit. XII,Div.2,Ch.3.
freeholders, they shall fix the time and place for holding the election, and cause
written or printed notices thereof to be posted in three or more public places
in the hamlet, at least three weeks prior to the election. [66 v. 154, § 32.j
SEC. 1575. [Conduct of elections; ballots.] The trustees of the cor-
poration shall be judges of the election, and the election shall, as far as practi-
cable, be conducted in the manner prescribed for the election of township.
officers, and the ballots shall contain the words "For village," or the words
'Against village." [66 v. 154, §33.]
(6
SEC. 1576. [Negative vote not a bar.] If the votes cast for a village
are not a majority of the votes cast at the election, no further proceedings shall
be had on that petition; but this shall not be a bar to other petitions for the
same purpose. [66 v. 154, §34.]
SEC. 1577. [Census if vote affirmative.] If the number of votes cast
for a village is a majority of the votes cast at the election, the trustees shall
immediately cause a census to be taken, by some suitable person to be by them
appointed, of all the inhabitants of the corporation, in the manner mentioned
in section fifteen hundred and eighty-four; and the person taking the census shall
make affidavit on the paper containing the same, before one of the trustees, or
a person authorized to administer oaths, that he believes the census is correct,
and he shall thereupon deliver the same to the trustees. [66 v. 154, § 35.]
SEC. 1578. [Record.] The trustees shall cause to be entered on their
journal a minute of all their proceedings, the number of votes cast at the elec-
tion, the number cast for and number against a village, and the whole number
of inhabitants in the corporation, as ascertained by such census; and if the
census shows that the corporation contains the requisite population for a vil-
lage, the trustees shall make a certified transcript of the journal entries and
proceedings, and a majority of them having signed it, they shall deliver the
same, with the census, poll-book, and tally-sheet, to the county recorder.
[66 v. 155, § 36.]
SEC. 1579. [Judge, recorder, etc., governed as in case of original
corporation.] The duty of the recorder in relation to such papers, and, in
case of a petition to prevent such advancement from being completed, the duty
of the petitioner and the court or judge, shall be the same, and, as far as appli-
cable, the same proceedings shall be had as in case of the organization of a vil-
lage or hamlet, under chapter two of this division. [66 v. 155, § 36 (37).]
SEC. 1580. [When incorporation complete; judicial notice taken of
it.] When the recorder makes the record, and certifies and forwards to the sec-
retary of state a transcript of it, the corporation shall be a village, bearing the
name of the hamlet, to be organized and governed under this title; and when
the organization is effected by the election and qualification of its officers, judi-
cial notice of its existence shall be taken in all cases and proceedings. [66 v.
155, § 38.]
SEC. 1581. [Election of officers; by-laws, etc., to remain in force;
books, etc., to be delivered to successors.] The first election of officers of
such village shall be at the first annual municipal election after the forwarding
of the transcript by the recorder; and the trustees of the hamlet shall remain in
office until the officers of the new corporation are elected and qualified; and the
by-laws, regulations, and ordinances adopted for the government of such ham-
let, shall remain in force, so far as they are consistent with the provisions of
this title, until repealed by the council of such village; and at the expiration
of their term of office, the trustees shall, on demand, deliver to the clerk of the
village all books, papers, and documents in their possession pertaining to the
corporation. [66 v. 155, § 39.]
797
Tit. XII, Div. 2, Ch. 4. ADVANCEMENT OF CITIES.
$1582.
CHAPTER 4.
CITIES OF THE SECOND CLASS, HOW ADVANCED TO FIRST CLASS; VILLAGES, HOW
ADVANCED TO CITIES OF SECOND CLASS.
SECTION
1582. Petition for advancement of certain cities; order
for vote on question.
1583.
1584.
Certificate as to such vote.
Census, when and how taken.
1584-1. Authorizing official state census of cities
to be taken.
1584-2. Saving clause.
1585. When vote, etc., against advance.
SECTION
1586. When vote, etc., for advance.
1587. Record; copy; judicial notice.
1588. Election of officers; books of old corporation.
1588a. Proceedings in advancement.
1588a-1. Laws governing cities of the second class,
which may have become cities of the fourth
grade of the first class.
This chapter is cited in the dissenting opinion of Okey and Follett, JJ. in State v. Pugh, 43 O. S. 125.
Increase of population does not advance a city from second class to first class until proper steps are
taken: State ex rel. v. Wall, 47 O. S. 499; Herrmann v Cincinnati, 9 C. C. 357, 363.
Advancing in grade by skipping intermediate grades: State ex rel. v. Toledo, 48 O. S. 112, 131.
SEC. 1582. [Petition for advancement of certain cities; order for vote
on question.] When a petition, signed by one hundred freeholders of a village,
or two hundred freeholders of a city of the second class, is presented to the
council of the corporation in which the signers reside, setting forth that they
desire such village to be advanced to a city of the second class, or such city of
the second class, from a lower to a higher grade in the second class, or to a city
of the first class, and that they have the requisite population for such advance-
ment, the council shall cause notice to be given by the mayor as in other cases,
that at the next annual election for officers of such city or village, the electors
may vote for or against the advancement, their ballots to contain the words
"for advancement," or the words "against advancement." [1883, March 26:
80 v. 75; 66 v. 156, § 40.]
A city suing for a claim formerly due it as a village, from which it has been advanced to such city, will
not be required, on motion, to set out in its petition the proceedings by which said village was advanced to a
city: Deatrick v. City of Defiance, 1 C. C. 340.
SEC. 1583. [Certificate as to such vote.] The clerks and judges of such
election shall forthwith certify, in duplicate, to the clerk of the corporation, the
whole number of votes given at such election, the number given for the advance-
ment, and the number against it. [66 v. 156, § 41.]
SEC. 1584. [Census, when and how taken.] If a majority of the votes
is in favor of the advancement, and the corporation, according to the last pre-
ceding federal census, had not the requisite population, the council shall forth-
with cause a census to be taken by one or more suitable persons, of all the
inhabitants of such city or village, in which census the full name of each per-
son shall be plainly written, and the names alphabetically arranged, and regu-
larly numbered in one complete series; which census shall be verified before
an officer authorized to administer oaths, as required in section fifteen hundred
and seventy-seven, and filed with the clerk of the corporation. [66 v. 156, § 42.]
(1584-1) [Authorizing_official state census of cities to be taken.]
The council of any city of said state be and is hereby authorized, whenever
said council may deem it necessary, between the years of taking the federal
census, to take the census of said city, after the manner prescribed in section
fifteen hundred and eighty-four of the Revised Statutes of said state of Ohio, and
such census so taken shall be filed with the auditor of the state of Ohio, and
shall be known as the official state census of said city. [85 v. 147.]
798
§ (1584-2).
ADVANCEMENT OF CITIES. Tit. XII, Div.2, Ch. 4.
(1584-2) [Saving clause.] This act shall not repeal or affect sections
one thousand five hundred and eighty-two, one thousand five hundred eighty-three,
or one thousand five hundred and eighty-four of the Revised Statutes. [85 v. 147.j
SEC. 1585. [When vote, etc., against advance, not a bar.] The clerk
shall lay the certificate of election and census before the council, at its next
regular meeting after the same shall have been filed in his office, and if it
appear that all the votes cast for the advancement are not a majority of all the
votes cast at the election, or that the corporation does not contain the requisite
population to be advanced, no further proceedings shall be had on that peti-
tion; but this shall not bar any new proceeding for such purpose. [66 v. 156,
$43.]
SEC. 1586. [When vote, etc., for advance.] If a majority of votes is
in favor of such advancement, and the corporation, according to the federal
census, or the census taken by order of the council, contains the requisite
number of inhabitants, the council shall thereupon, by resolution, declare that
the inhabitants of the corporation have decided on such advancement, and
direct the clerk to certify the resolution to the recorder of the county. [66 v.
156, § 44.]
SEC. 1587. [Record; copy; judicial notice.] If any such municipal
corporation is in more than one county, then such resolution shall be ordered
certified to the recorder of each of such counties, and the recorder or recorders,
on the receipt of such certified resolution, shall at once duly record the same in
the proper book of records in his office and preserve the original therein, and
the recorder or recorders, shall forthwith make a certified transcript of such
record and forward the same to the secretary of state, and thereupon the cor-
poration shall be a city of the first or second class, as the case may be, to be
organized and governed under the provisions of this title; and when the cor-
poration is actually organized by the election and qualification of its officers,
notice of its existence shall be taken in all judicial proceedings. And the pro-
visions of this section shall be applicable to and govern proceedings heretofore
commenced under this chapter. [1889, March 1: 86 v. 65; Rev. Stat. 1880;
66 v. 157, § 45.]
SEC. 1588. [Election of officers; books, etc., of old corporation and
officers.] The first election of officers of the new corporation shall be at the
first annual municipal election after such proceedings, and the officers of the
old corporation shall remain in office until the officers of the new corporation
are elected and qualified; and the ordinances, by-laws, and resolutions adopted
by the old corporation shall, as far as consistent with this title, continue in force
until repealed by the council of the new corporation; and the council and
officers of the old corporation shall, upon demand, after the expiration of their
term of office, deliver to the proper officers of the new corporation all the
books of record, documents, and papers in their possession belonging to the
old corporation. [66 v. 157, § 46.]
SEC. 1588a. [Proceedings in advancement.] No error, irregularity or
defect in any proceeding for the advancement of a municipal corporation shall
render it invalid when powers referable only to such advanced grade have been
exercised by the council of such corporation without objection from its inhab
itants. [1883, April 3: 80 v. 92.]
(1588a-1) [Laws governing cities of the second class, which may
become cities of the fourth grade of the first class.] When any city of the
second class shall, by the vote of the people thereof, in the manner provided
by law, become a city of the fourth grade of the first class, it shall continue to
be governed by the laws in force for the government of such city of the second
class at the time the change in grade and class occurs, until the enactment of
laws for the government of cities of the fourth grade of the first class. [85 v.
130.]
799
Tit. XII, Div. 2, Ch. 5.
ANNEXATION.
§§ 1589-1590.
SECTION
CHAPTER 5.
ANNEXATION.
SUBDIVISION I. Annexation of territory on application of its citizens.
SUBDIVISION II. Annexation of territory on application of a corporation.
SUBDIVISION III. Annexation of one municipal corporation to another.
SUBDIVISION IV. Detachment of territory from municipal corporation.
SUBDIVISION I.
1589. Annexation of adjacent territory.
1590. To be presented to commissioners; their du-
ties; duties of clerk of corporation.
1591. Further duties of clerk; duties of council.
1592. Rejection of application and its effect.
1593. Proceedings when application allowed.
1594. Petition to enjoin the proceedings.
SECTION
1595. Proceedings when petition to enjoin is dis-
missed.
1596. Proceedings when injunction allowed.
1597. Rights of inhabitants if annexation allowed.
1598. Cases where corporation is situated in more
than one county.
SUBDIVISION II.
1599. General provisions as to right of such annexa-
tion.
1600. Council may pass preliminary ordinance.
1601. Petition to county commissioners.
1602. Proceedings before commissioners.
1603. Cases where corporation is in more than one
county.
1603a. When such territory lies partly in another county
or counties.
1604. Rights when annexation complete.
1605. When errors not fatal to proceeding.
SUBDIVISION III.
1606. Annexation of contiguous territory to corpo-
rations.
1613.
1607. Submission of question to vote.
1608. Ordinance for purpose.
1609. Result, if favorable, to be certified.
1610. Council or trustees to appoint commissioners.
1611. Report of commissioners.
1614.
1615.
1612. Clerk of corporation to make transcripts.
When annexation to be deemed complete;
power of corporation thereafter.
Corporations to be governed as one; not to af-
fect rights or liabilities.
How part of a village attached to a city; ex-
isting indebtedness.
SUBDIVISION IV.
1616. How territory detached from municipal corporation and attached to township.
For construction of this chapter and proceedings thereunder, see note to 1557.
Zanesville-act for annexing children's home, passed May 7, 1869: 75 v.
Lancaster boundary altered, 88 v. 747; 88 v. 804; 90 L. L. 128.
Findlay, boundaries of, 91 v. 815.
134.
Cincinnati authorized to annex contiguous municipalities-court to approve terms,
recording transcript of terms-election of board of legislation and school board for new
territory-title of property passed; 90 L. L. 263 and 265.
Section 1630 R. S. governs: State ex rel. v. Cincinnati et al., 3 N. P. 127; 6 O. D. 196.
The annexed territory need not be organized into new wards: Id.
For payment of claims outstanding against the territory annexed to Cincinnati under
the act of April 13, 1893, 92 v. 519.
SUBDIVISION I.
ANNEXATION OF TERRITORY ON APPLICATION OF ITS CITIZENS.
For 221589-1598, see (S. & C. 1495, 1496).
SEC. 1589. [Annexation of adjacent territory; petition therefor.]
The inhabitants residing on any territory adjacent to any city or village may,
at their own option, cause such territory to be annexed to such city or village,
in the manner hereinafter stated. Application for such purpose shall be by
petition, addressed to the commissioners of the county in which such territory
is located, signed by a majority of the adult freeholders residing on such ter-
ritory, and shall contain the name of some person who is authorized to act
as the agent of the petitioners in securing such annexation, and a full descrip
tion of the territory, and be accompanied by an accurate map or plat thereof.
[66 v. 264, §§ 679, 680.]
Discretion of commissioners is final as to merits; injunction only for errors: Hulbert v. Mason, 29 O. S. 562.
SEC. 1590. [To be presented to commissioners; their duties; duties of
clerk of corporation.] Such petition shall be presented to the board of commis-
sioners at some regular session thereof, and when so presented the same pro-
800
§§ 1591-1597.
ANNEXATION.
Tit. XII, Div.2, Ch.5.
ceedings shall be had, in all respects, as far as applicable, and the same duties
in respect thereto shall be performed by the commissioners and other officers,
as are required in the case of an application to be organized into a village
under the provisions of this division; and the final transcript of the commis-
sioners, and the accompanying map or plat and petition, shall be deposited
with the clerk of the city or village to which such annexation is proposed to
be made, who shall file the same in his office. [66 v. 265, § 681.]
See note to 1556, Franklin v. Croll, 31 O. S. 647.
Section 1557 applies to annexation proceedings, and amendment of the petition may be allowed without
the corporation having previously authorized its agent to ask leave to amend: Shugars v. Williams, 50 O.S. 297.
SEC. 1591. [Duties of clerk and council.] At the next regular session
of the council of such city or village, after the expiration of sixty days from
the date of such filing, the clerk shall lay the transcript and the accompany-
ing map or plat and petition before the council; and thereupon the council
shall, by resolution or ordinance, accept or reject the application for annexa-
tion. [66 v. 265, § 682.]
SEC. 1592. [Rejection of application and its effect.] If the resolution
or ordinance is to reject such application, no further proceedings shall be had;
but such rejection shall not be a bar to any application thereafter to the county
commissioners on the same subject. [66 v. 265, § 683.]
SEC. 1593. [Proceedings when application is allowed.] If the resolu-
tion or ordinance is an acceptance of such application, the clerk of the city or
village shall make two copies, containing the petition, map or plat accompany-
ing the same, transcript of the proceedings of the commissioners, and resolu-
tions and ordinances in relation to the annexation, with a certificate to each
copy that the same is correct, which certificate shall be signed by him in his
official capacity, and be authenticated by the seal of such city or village, if any
there be, one of which copies he shall forthwith deliver to the recorder of the
county, whose duty it shall be to make a record thereof in the proper book of
records, and file and preserve it, and the other copy shall be forwarded by the
clerk to the secretary of state. [66 v. 265, § 684.]
SEC. 1594. [Petition to enjoin the proceedings.] If the clerk, within
sixty days from the filing of such transcript, map, or plat and petition in his
office, receive notice from any person interested that he has presented to the
court of common pleas, or a judge thereof, a petition to enjoin further proceed-
ings, the clerk shall not report to the council such transcript, map, or plat and
petition filed with him, until after the final hearing and disposition of the
petition so presented to such court or judge. [66 v. 265, § 685.]
In the injunction suit, the case made before the commissioners can not be re-tried upon its merits, and
an injunction can not be allowed except for errors or irregularity in the proceeding, or inaccuracy in the
description of the territory sought to be annexed: Hulbert v. Mason, 29 O. S. 562.
SEC. 1595. [Proceedings when petition dismissed.] If the court or
judge make an order dismissing the petition, the clerk of the court shall
immediately forward a certified copy of it to the clerk of the corporation, who,
at the next regular meeting of the council, shall lay before the council such
transcript, map, or plat, and the petition accompanying the same, as if no such
petition had been so presented to the court or judge. [66 v. 265, § 686.]
SEC. 1596. [Proceedings when injunction allowed.] If the court or
judge enjoin the clerk from making such report to the council as before
provided, a certified copy of the order shall be immediately forwarded by the
clerk of the court to the clerk of the corporation, who shall file the same with
such transcript, map or plat, and petition, and preserve the same in his office,
and thereupon no further proceedings shall be had in the matter; but such
order of the court or judge shall not operate as a bar to any applications there-
after to the commissioners of the county for such purpose. [66 v. 266, § 687.]
SEC. 1597. [Rights of inhabitants if annexation allowed.] When the
resolution or ordinance, accepting such annexation has been adopted, the terri-
tory shall be deemed a part of the city or village, and the inhabitants residing
801
Tit.XII, Div.2, Ch.5.
ANNEXATION.
SS 1598-1603a
thereon shall have all the rights and privileges of the inhabitants within the
original limits of such city or village. [66 v. 266, § 688.]
SEC. 1598. [Cases where corporation is situated in more than one
county.] Where the corporation is situated in two or more counties, or the
territory so to be annexed is situated in a different county from that in which
the corporation or some part of it is situated, the proceedings, so far as practi-
cable, shall be as directed in sections fifteen hundred and sixty-six, and fifteen hun-
dred and sixty-seven. [66 v. 266, § 689.]
SUBDIVISION II.
ANNEXATION OF TERRITORY ON APPLICATION OF A CORPORATION.
For ?? 1599-1604, see (S. & C. 1497).
SEC. 1599. [General provisions as to right.] When the inhabitants,
generally, of any municipal corporation, desire to enlarge the corporate limits by
the annexation of contiguous territory, it shall be done in the manner herein-
after specified. [74 v. 36, § 690.]
The boundaries can not be enlarged by a special law: State v. Cincinnati, 20 O. S. 18.
Not necessary to submit question of extension to a vote: Powers v. Commissioners of Wood Co., 8
O. S. 285.
May be extended over unincorporated village; and lands over which extension is made are liable to
local taxation for pre-existing debts: Blanchard v. Bissell, 11 O. S. 96.
See note to Croll v. Franklin, 36 O. S. 316, under 2 5573.
When no mode is provided for ascertaining what "the inhabitants generally" desire, the act of council
expresses that desire: Croll v. Village of Franklin, 40 O. S. 340.
When territory which is a part of a special school district is annexed to a village which constituted
another school district, such territory did not thereby become a part of the village school district-the directors
of the special school district not having consented to such transfer under 23893, or otherwise: State ex rel. v.
Raine, 4 C. C. 72.
SEC. 1600. [Council may pass preliminary ordinance.] The council
or board of trustees of the corporation, by a vote of not less than a majority of
the members elected, shall pass an ordinance authorizing such annexation to
be made, and directing the solicitor of the corporation, or some one else to be
named in the ordinance, to prosecute the proceedings necessary to effect such
annexation. [74 v. 36, § 691.]
SEC. 1601. [Petition to county commissioners.] The application of
the corporation to the county commissioners for such purpose shall be by peti-
tion, setting forth that, under an ordinance of the council or board of trustees,
the territory therein described was authorized to be annexed to the corporation;
and the petition shall contain an accurate description of such territory, and be
accompanied by an accurate map or plat thereof. [74 v. 36, § 692.]
See notes to 1599.
SEC. 1602. [Proceedings before commissioners.] When such petition
is presented to the commissioners, like proceedings shall be had, in all respects,
so far as applicable, as are required under the provisions of subdivision one of
this chapter. [66 v. 266, § 693.]
See note to 21556, Franklin v. Croll, 31 O. S. 647; see note to ? 1590.
SEC. 1603. [Cases where corporation in more than one county.]
Where the corporation is situated in two or more counties, or the territory to
be annexed is situated in a different county from that in which the corporation
or some part of it is situated, the proceedings shall be in the county in which
the territory to be annexed, or some part of it, is situate. [66 v. 267, § 694.]
SEC. 1603a. [When such territory lies partly in another county or
counties.] Where the territory sought to be annexed is partly in the county
in which the corporation is situated and partly in another county, or counties,
the proceedings shall be in that county in which there is the largest number
of qualified voters residing upon the territory sought to be annexed, and, so
far as practicable, such proceedings shall be as directed in sections fifteen hun-
dred and sixty-six and fifteen hundred and sixty-seven. [1888, April 13: 85 v. 224.]
52
802
§§ 1604-1612.
ANNEXATION.
Tit. XII, Div.2, Ch.5.
SEC. 1604. [Rights when annexation complete.] When the annexa-
tion of such described territory has been completed, the same shall be deemed
a part of such municipal corporation, and the inhabitants residing on the-
territory shall have all the rights and privileges of the inhabitants residing
within the original limits of the corporation. [66 v. 267, § 695.]
Territory may be annexed to a municipal corporation without the consent of the inhabitants: Powers v.
County Commissioners, 8 O. S. 285; and against their remonstrance: Blanchard v. Bissell, 11 O. S. 96.
This section is not applicable to school matters: State v. Raine, 4 C. C. 72, 74.
SEC. 1605. [When errors not fatal to proceedings.] No error irregu-
larity, or defect in such proceedings shall render it invalid, if the addition has
been recognized as a part of the corporation, and taxes levied upon it as such
have been paid, and it has been subjected to the authority of the council, with--
out objection from its inhabitants. [66 v. 267, § 696.]
SUBDIVISION III. ANNEXATION OF ONE MUNICIPAL CORPORATION TO ANOTHER.
For ?? 1606-1614, see (S. & C. 1497, 1498).
SEC. 1606. [Annexation of contiguous territory to corporations.]
When the inhabitants, generally, of any municipal corporation, the territory
of which shall be contiguous, and adjoining the territory of another municipal
corporation, desire to be annexed to such other corporation, such annexation
shall be effected in the manner hereinafter described. [66 v. 267, § 697.]
SEC. 1607. [Submission of question to vote.] The trustees or council
of the corporation proposing such annexation shall submit the question of
annexation to the electors of the corporation, and the trustees or council of the
corporation. to which the annexation is proposed to be made, shall also submit
the same question to its electors. [66 v. 267, § 698.]
SEC. 1608. [Ordinance for purpose.] The submission shall be by
ordinances adopted by the trustees or council of each corporation at least thirty
days prior to an annual April or October election, at which election the vote
shall be taken, and the ordinances shall each prescribe the manner in which.
such submission shall be made, and they shall be published in each corpora-
tion, by posters or otherwise, in such manner as the respective trustees or councils
may deem most expedient, for the period of at least twenty days prior to the
day fixed for such election. [66 v. 267, § 699.]
SEC. 1609. [Result, if favorable, to be certified.] If a majority of the
electors of each corporation, voting on the question so submitted, is in favor of
such annexation, the trustees or council of each shall thereupon cause the
result to be certified to the other corporation. [66 v. 268, $700.]
SEC. 1610. [Council, etc., to appoint commissioners.] The trustees
or council of each corporation shall then appoint, by resolution or ordinance,
three commissioners, whose duty it shall be to arrange the terms and conditions
of such annexation, and report the result of their action to the trustees or
council of their respective corporations. [66 v. 268, § 701.]
SEC. 1611. [Report of commissioners.] When the report of such
commissioners shall be approved by an ordinance passed by each corporation,
certified copies thereof, signed by the presiding officer of the trustees or council
of each corporation, and the respective clerks of the corporations, and authen-
ticated by the corporate seal of each, if any there be, shall be filed in the office
of the clerk of the corporation to which such annexation is proposed to be
made. [66 v. 268, § 702.]
SEC. 1612. [Clerk of corporation to make transcripts.] The clerk
shall, under the direction of the corporation, make and certify two transcripts
of all the ordinances, abstracts of the returns of the votes, and other papers.
relating to such annexation, one of which shall be filed in the office of the
recorder of the county, who, having made a record thereof, shall file and pre-
803
Tit. XII, Div.2, Ch.5.
ANNEXATION.
§§ 1613-1616.
serve it, and the other shall be forwarded by such clerk to the secretary of state.
[66 v. 268, § 703.]
SEC. 1613. [When annexation to be deemed complete; power of
corporation thereafter.] When the transcripts are certified, and one of them
is delivered to the recorder and the other forwarded to the secretary of state, as
aforesaid, the annexation shall be deemed complete; and the corporation to
which the annexation is made may pass such ordinances as will carry into
effect the terms thereof, so far as the same are not inconsistent with this title,
and with the regular and proper government of the corporation under its pro-
visions; and any part of such terms so inconsistent shall be deemed void, but
their nullity shall in no manner affect such annexation. [66 v. 268, § 704.]
SEC. 1614. [Corporations to be governed as one; not to affect rights
or liabilities.] When the annexation is completed, the two former corpora-
tions shall be governed as one, embracing the territory of each; and the inhab-
itants of all such territory shall have equal rights and privileges; but such
annexation shall not affect any rights or liabilities existing at the time of the
annexation, either in favor of or against the corporations; and suits
founded on such rights and liabilities may be commenced, and pending suits
prosecuted to final judgment and execution, as though such annexation had
not taken place. [66 v.268, § 705.]
Where a village which had issued bonds for street improvements was annexed to a city, it was held
that the council of the city, in order to pay the bonds, had a right to levy a tax upon the property of the vil-
lage only: City of Cleveland v. Heisley, 41 O. S. 670.
But such tax, in addition to the other taxes, must not exceed the limit of taxation fixed for the city: Ib.
SEC. 1615. [How part of village attached to a city; existing in debted-
ness.] When a city and village adjoin each other, and the inhabitants of any
portion of the territory constituting a part of such village desire to be detached
therefrom, and annexed to such city, the commissioners of the proper county,
on the application of the council of the city, and on the written request of
two-thirds of the legal voters inhabiting the territory proposed to be so annexed,
may cause such alteration to be made, and the boundaries of such city, and
such village, respectively, to be established in accordance with such application
and request, and such territory shall thereafter constitute a part of such city;
provided, that in all their proceedings in the premises, the county commission-
ers shall, as far as the same are applicable, be governed by the provisions of this
division, prescribing the manner of proceeding on applications for the annexa-
tion of adjacent unincorporated territory to villages and cities; and provided
further, that the commissioners shall ascertain and apportion the amount of the
existing indebtedness of the village, which shall be assumed and paid by the
city on the annexation of the territory aforesaid. And said apportionment
shall be made in the proportion of the total tax duplicate for the annexed
territory transferred to the city, to the total tax duplicate remaining in and
for the unannexed portion of the village, and to ascertain, adjust, and divide
between the city and the unannexed portion of said village, all moneys and
other credits belonging to the village in the same proportion as is above pro-
vided for division and apportionment of any indebtedness, and to order the
amounts so adjusted and divided to be paid or delivered by the parties in pos-
session thereof to the city and unannexed portion of said village. ~ [88 v. 39; 68
v. 85, § 1.]
SUBDIVISION IV. DETACHMENT OF TERRITORY FROM MUNICIPAL CORPORATION.
SEC. 1616. [How territory detached from municipal corporation and
attached to township.] Upon the petition of a majority of the freehold elect-
ors owning lands in any portion of the territory of a city or village, accurately
described in such petition, with an accurate map or plat thereof, praying to have
the said described portion of territory detached from said city or village, the
804
§§ 1617-1620.
DUTIES OF STATE OFFICERS. Tit.XII,Div.2,Ch.6.
commissioners of the county in which such portion of territory is situate, may,
with the assent of the council of the city or village, given in an ordinance
passed for that purpose, and not otherwise, detach such portion of the territory
from such city or village and attach the same to any township contiguous
thereto; and the petition, map, ordinance, and the order of the commissioners,
if the prayer is granted, certified by the county auditor, shall be recorded in
the plat-book in the office of the county recorder; and as soon as the record is
made the proceeding shall be deemed complete, both as to the detaching of
such territory from the municipal corporation and the annexation thereof to
the township. [74 v. 109, §1.]
A special act detaching territory from one township or municipal corporation and adding it to another
is valid: Metcalf v. State ex rel., 49 O. S. 586.
CHAPTER 6.
DUTIES OF STATE OFFICERS AS TO ADVANCEMENT OR REDUCTION IN CLASS OR
GRADE.
SECTION
SECTION
1617. State officers to ascertain what municipal cor-
porations may be advanced.
1621.
1618. Publication to be made by secretary of state
with respect thereto.
1622.
1620. Further duties of secretary of state.
His annual report to contain statement on the
subject.
Further notice by secretary of state.
1619. Submission of question of advance to a vote.
SEC. 1617. [State officers to ascertain what municipal corporations
may be advanced.] It shall be the duty of the governor, auditor and secre-
tary of state, or any two of them, at the time of ascertaining the ratio of repre-
sentation, as required by the eleventh section of the eleventh article of the con-
stitution, to ascertain what municipal corporations are entitled to be advanced
in class or grade; and the report of the secretary of state for such year shall
contain the name of each municipal corporation, its grade and class, and its
population as ascertained by the preceding federal census. [89 v. 303; 66 v.
271, § 718.]
See note under 2 1547.
This report must be transmitted in the time mentioned in 62: Hayes v. Cleveland, 55 O. S. 124.
SEC. 1618. [Publication to be made by secretary of state with respect
thereto.] The secretary of state shall cause a statement of the corporations
which may be so advanced, to be published in some newspaper in Columbus,
and also in some newspaper published in each of the cities, villages and ham-
lets, which shall contain the required population to be advanced in class or
grade, and a copy of said statement shall also be transmitted by the secretary
of state to the general assembly, at its next session thereafter. [66 v. 271, §719.]
SEC. 1619. [Submission of question of advance to a vote.] When
the statement has been published, the council of any corporation which, accord-
ing to such statement, shall have the required population to be advanced to a
corporation of the next higher class or grade, shall have the power, at any time,
by ordinance passed for such purpose, to submit to the voters of the corpora-
tion, the question whether such corporation shall be advanced to the class or
grade of the next higher corporation; and such election shall be conducted,
and the proceedings thereafter had, in case the result of the election is in favor
of such advancement, in all respects, as provided in chapters three and four of
this division. [66 v. 271, § 720.]
Trustees of a hamlet are included in the word council: Annexation to Newburgh, 8 O.D. 84; 15 C.C. 78, 81.
SEC. 1620. [Further duties of secretary of state.] The secretary of
state shall receive and preserve in his office all papers transmitted to him in
relation to the organization of hamlets or villages, the annexation of territory
805
Tit. XII,Div.2,Ch.7. MERGER OF TOWNSHIP, ETC.
SS 1621-1624.
to any city or village, and the consolidation or advancement, or reduction in
class or grade, of municipal corporations. [66 v. 271, § 721.]
SEC. 1621. [His annual report to contain statement on the subject.]
He shall also submit, in his annual report to the general assembly, a statement
showing the names, location, and limits of each hamlet and village organized
under this title during the period embraced in such report; and also all villages
and cities, the limits of which have been increased with the territory so added,
and the corporations which have been advanced or reduced in class or grade
during the same period. [66 v. 271, § 722.]
SEC. 1622. [Further notice by secretary of state.] When a hamlet is
advanced to the grade of a village, in the manner provided in this division, or
a village is advanced to a city of the second class, or a city of the second class
is advanced to a city of the first class, in the manner herein provided, or any
municipal corporation has been reduced to a corporation of a lower degree, as
hereinafter provided, the secretary of state, upon requisite evidence of the fact
being filed in his office, shall cause a notice to be published in one of the news-
papers of Columbus, declaring that such municipal corporation has been
advanced or reduced in class or grade, as the case may be. [66 v. 272, § 723.]
SECTION
CHAPTER 7.
MERGER OF TOWNSHIP IN CORPORATION.
1623. In cases of such merger certain offices to be
abolished; directors of infirmary.
1624. Duty of such directors.
1625. Treasurer and clerk of the corporation; their
duties.
1626.
What property shall vest in the corporation.
SECTION
1627. Pending suits and existing rights.
1627a. Offices abolished in case of such merger in
Cuyahoga county, etc.
16276. Duties of treasurer and clerk; payments to
treasurer.
1627c. Disposition of property, etc.
1627d. Suits, judgments, rights, interests, claims, etc.
SEC. 1623. [In case of such merger certain offices to be abolished;
directors of infirmary.] When the corporate limits of a city or village become
identical with those of a township, the office of township trustee, township
treasurer, and township clerk in such township shall be abolished; and all the
powers and duties of trustees of townships, conferred or prescribed by law,
shall vest in and be performed by the council, except as to binding out appren-
tices and administering relief to the poor; and if such corporation is not
already provided with an infirmary, the council shall forthwith, except in cities
of the first grade of the second class, and from year to year, appoint one or more
and not exceeding three, directors of the infirmary, and prescribe their duties
by ordinance, and in cities of the first grade of the second class, the board of
public works shall appoint such director or directors. [87 v. 370; 66 v. 229,
§ 475; (S. & C. 1547).]
On the organization of a city of the second class, divided into wards, under 37 of the act of 1856 (53 v. 185),
the boundaries of which were not coterminous with those of a township, the territory within such city did not
cease to be a part of the township or townships within the limits of which it was situate, for election pur-
poses: State v. Ward. 17 O. S. 544.
Where a township is merged in a city, the directors of a county infirmary may maintain a suit against
the corporation for the cost of temporary relief furnished a pauper; and such action may be prosecuted
either in the county of which the plaintiffs are directors or that in which the city is situate: Directors, etc. v.
Toledo, 15 O. S. 409.
Where the corporate limits of a city or village become
of the township clerk is thereby abolished, as provided in
the clerk of such city or village, under the provisions of
chattel mortgages: Curtiss v. McDougal, 26 O. S. 67.
identical with those of a township, and the office
475 of the Municipal Code (66 v. 229), the office of
471 of the same Code, becomes a depository for
The act of March 7. 1872 (69 v. 23), preserves the corporate existence of such township for the sole purpose
of electing justices of the peace and constables, evidently to meet the constitutional requirement that justices
of the peace shall be elected by townships. but for all other purposes the township organization in this
class of cities and villages is abolished: McGill v. State, 34 O. S. 251.
SEC. 1624. [Their duties.] Such directors shall be clothed with all the
powers and perform all the duties of township trustees, as to binding out and
806
§§ 1625-1627c.
MERGER OF TOWNSHIP, ETC.
Tit.XII.Div.2,Ch.7.
protecting apprentices, in relieving and removing paupers, and in counties
having a county infirmary shall make orders relative to paupers, which orders
shall have the same validity, and be treated the same as like orders made by
township trustees; and they shall have the power of recovering, in the name
of the corporation, such expense as may be chargeable to other municipal cor-
porations or persons. [66 v. 229, § 476; (S. & C. 1548).]
SEC. 1625. [Treasurer and clerk.] The duties of treasurer and clerk of
such township shall be performed by the clerk and treasurer of the corporation;
and all moneys collected or authorized by law to be paid to the township treas-
urer shall be paid to such corporation treasurer. [66 v. 229, § 477; (S. & C. 1548).]
See note to Curtiss v. McDougal, 26 O. S. 66, under ? 1623.
SEC. 1626. [What property shall vest in council.] All property, real
and personal, together with all moneys and credits, books, vouchers, records,
files, accounts, documents, and bonds of an official character, in the possession
or under the control of such township trustees, township clerk or township
treasurer, or either of them, whose offices are thus abolished, shall vest in the
council; and such township officers shall, when their offices have ceased by
operation of this title, forthwith deliver over to the council of the corporation
a full statement of their accounts, together with the property, moneys, credits,
books, records, accounts, files, vouchers, official bonds, and documents afore-
said. [66 v. 229, § 478; (S. & C. 1548).]
SEC. 1627. [As to pending suits and existing rights.] All suits pend-
ing and judgments recovered by or against any such township, together with
all rights, interests, claims, and demands, in favor of or against the same, may
be continued, prosecuted, collected, or enforced by or against the corporation;
and all suits authorized by law to be brought by or against such township or
township trustees, not caused by their non-compliance with this title, shall be
prosecuted by or against the corporation. [66 v. 229, § 479; (S. & C. 1548).]
SEC. 1627a. [Offices abolished in case of such merger in Cuyahoga
county, etc.] Whenever in counties containing a city of the second grade of the
first class, all of the territory in a township is included within the territorial
limits of one or more hamlets, or one or more hamlets and one or more villages,
the office of township trustee, township treasurer and township clerk in such
township, shall be abolished; and all of the powers and duties of trustees of
townships conferred or prescribed by law, shall be vested in, and be performed
by, the trustees or trustees and councils respectively of said municipality or
municipalities within the respective limits thereof; provided nothing herein
shall affect the organization of such township for the purpose of electing
justices of the peace, constables and assessors therefor, who shall be voted for
on the same ticket as the officers of said municipality or municipalities. [92
v. 399; 89 v. 62.]
SEC. 1627b. [Duties of treasurer and clerk; payments to treasurer.]
The duties of treasurer and clerk of such township shall be performed by the
clerk and treasurer of each respective municipality within the respective limits
thereof; and all moneys collected or authorized by law to be paid to the town-
ship treasurer shall be paid to the treasurer or treasurers of such municipality
or municipalities. [92 v. 399; 89 v.62.]
SEC. 1627c. [Disposition of property, etc; suits, judgment, etc.] All
property, real or personal, together with all moneys and credits in the possession
or under the control of such township trustees, township clerk or township treas-
urer, or either of them, whose offices are thus abolished, shall vest respectively
in the municipality or municipalities; and where there are two or more such
municipalities together coextensive with the township then said real and per-
sonal property, together with all moneys and credits of the township shall be
divided among said municipalities according to the tax valuation of the prop-
807
Tit.XII,Div.2,Ch.8.
WARDS: HOW ESTABLISHED.
SS 1627d-1628.
erty within said municipalities; should, however, said municipalities fail to
agree as to the division of said real or personal property of said township, then
the probate court of the county within which said township is located shall
appoint three disinterested freeholders, residents of said county, but non-resi-
dents of said township, to appraise said property at its cash value, and in that
event, should the municipality within which said property of said township is
located desire to purchase the same, it may do so at the appraised value thereof,
but in case said municipality fails so to do within thirty days from the time of
making said appraisal, then said township property shall be advertised for sale at
public auction once a week for four consecutive weeks in a newspaper of general
circulation within the county within which said township is located, and the
same shall be sold to the highest bidder at such sale, for cash, and the proceeds
of such sale shall be divided among said municipalities as in this section above
prescribed. The books, vouchers, records, files, accounts, documents and bonds
of an official character, in the possession of such township trustees, township
clerk or township treasurer, or either of them, whose offices are hereby abolished,
shall vest in the trustees or trustees and councils of said municipality or munic-
ipalities; and such township officers shall, when their offices have ceased by
operation of this act, forthwith deliver over to said respective municipality or
municipalities a full statement of their accounts, together with the property,
moneys and credits; and in case but one hamlet is identical with the township
said township officers shall also forthwith deliver over to the trustees thereof
all books, records, accounts, files, vouchers, official bonds and documents afore-
said; and in case there are two or more such municipalities which together are
coextensive with the township, then all books, records, accounts, files, vouchers,
official bonds and documents aforesaid shall be forthwith delivered by said
township officers to the council or trustees of the municipality first organized,
and shall be open to public inspection at all times. [92 v. 400; 89 v. 62.]
SEC. 1627d. [Suits, judgments, rights, interests, claims, etc.] All
suits pending and judgments recovered by or against any such township, to-
gether with all rights, interests, claims and demands, in favor of or againt the
same, may be continued, prosecuted, collected or enforced by or against the
municipality or municipalities; and all suits authorized by law, to be brought
by or against such township or township trustees, not caused by their non-
compliance with this act,shali be prosecuted by or against said municipality or
municipalities. [92 v. 401; 89 v. 62.]
SECTION
CHAPTER 8.
WARDS HOW ESTABLISHED CHANGE OF BOUNDARIES.
1628. Boundaries to be established by ordinance.
1629. Notice of ordinance; its publication; Toledo.
1630. Wards in annexed territory.
SECTION
1631. Boundaries of wards to be by streets, alleys, etc.
1632. Election of council in new wards.
1632a. [Repealed.]
SEC. 1628. [Boundaries to be established by ordinance.] When the
corporate limits of a city or village are altered, extended, or reduced, or the
population of the corporation, or of a ward thereof, is so increased or dimin-
ished as to render, in the opinion of the council, a division or redistricting of
the corporation into wards, or a change in the boundary of any ward necessary,
the same may be done by ordinance, at any regular meeting of the council.
[66 v. 216, § 405.]
808
S$ 1629-1632a.
WARDS: HOW ESTABLISHED. Tit. XII, Div.2, Ch. 8.
SEC. 1629. [Notice of ordinance; its publication; Toledo.] When
such ordinance is introduced, the council shall, by resolution, require the clerk
to give notice of its pendency, and of the proposed change, increase or reduction
of boundaries, in some newspaper published and of general circulation in the
corporation, for the period of three consecutive weeks prior to any action upon
the ordinance; provided that when such ordinance is rendered necessary on
account of annexation of contiguous territory by any city of the third grade of
the first class such notice shall not be required. [90 v. 54; 66 v. 216, § 406.]
SEC. 1630. [Wards in annexed territory.] When territory is annexed
to any corporation, or one corporation is annexed to another, such territory or
corporation so annexed may be organized into a new ward or wards, or attached
to any existing ward or wards, as the council may deem proper. [66 v. 216,
§ 407.]
See note to State ex rel. v. Cincinnati et al., 3 N. P. 127; 6 O. D. 196, noted on p.799.
:
SEC. 1631. [Boundaries of wards to be by streets, alleys, etc.] All
wards hereafter established or changed shall be bounded, so far as practicable,
by streets, alleys, avenues, public grounds, canals, water-courses, corporation
lines, center-lines of platted streets, or railroads, and be composed of adjacent
and compact territory; and the several wards at the time of redistricting shall
contain as nearly an equal number of inhabitants as may be practicable..
[1889, February 19: 86 v. 50; 84 v. 6; 77 v. 10; Rev. Stat. 1880; 66 v. 216,.
§ 408.]
As to the constitutionality of said act, see State v. Pugh, 43 O. S. 98.
SEC. 1632. [Election of council in new wards.] When a change in
the number of wards or alteration in the boundaries of a ward is made, or a
new_ward is established, there shall be no election for members of council or
ward officers until the next ensuing annual election for corporation officers.
[66 v. 216, § 409.]
An election in violation of this section confers no title: State ex rel. v. Kearns, 47 O. S. 566.
SEC. 1632a. [Judges of election in municipalities newly divided into
wards; clerks of election. (85 v. 104) Repealed April 30, 1891; 88 v. 68.]
As to Springfield, see (1545-265).
As to Akron and Youngstown, see 88 v. 77, repealed by 90 L. L. 346, ? (1545-268) et seq.
Cincinnati. Redistricting commission for appointed by court. Passed Feb. 15, 1872,
69 v. 15.
Toledo.-Act dividing into wards and giving their boundaries. Passed March 23, 1893,
90 v. 326.
Dayton.-Redistricting commission for, 87 v. 121; 89 v. 37; 92 v. 473.
Piqua.-Redistricting commission for, 91 v. 520.
Kenton.-Redistricting commission for cities of fourth grade, second class, 90 L. L. 278.
Cities of third grade, second class.-Redistricting commission for. Passed April 1,
1890, 87 v. 123.
809
Tit.XII,Div.2,Ch.9. SURRENDER OF POWERS, ETC.
§§ 1633-1638.
SECTION
1633.
1634.
CHAPTER 9.
SURRENDER OF MUNICIPAL POWERS; REDUCTION IN CLASS, ETC.
Reduction of city to village.
Petition therefor.
1635. Notice of election to be given.
1636. The ballots: election: how conducted.
1637. How poll-books and tally-sheets certified.
1638. And opened by council.
Result to be declared.
SECTION
1642. Not to affect incumbents of offices; wards and
ordinances unaffected.
1643. Surrender by villages and hamlets of their
powers.
Petition therefor.
1644.
1645.
1639.
Same proceedings as in case of cities; saving
as to taxes.
1640.
Surrender not to interfere with schools.
1646.
1641. One transcript to be recorded; the other for-
warded to secretary of state.
Rights and liabilities unaffected; as to increase
of indebtedness.
1647.
Collection and disbursement of taxes.
For ?? 1633-1647, see (S. & C. 1550).
The Revised Statutes, 22 1633 to 1647, provide the mode by which cities, villages, and hamlets may surren-
der their municipal powers: Dutton v. Village of Hanover, 42 O. S. 216.
SEC. 1633. [Reduction of city to village.] A city of the second class
may surrender its corporate rights and be reduced to a village, in the manner
hereinafter specified. [66 v. 269, §706.]
SEC. 1634. [Petition therefor.] A petition for the purpose, signed by
at least one hundred of the adult freeholders of the corporation, shall be pre-
sented to the council, setting forth that it is the desire of a majority of the
citizens of the corporation to surrender their corporate rights and be reduced
to a village, and it shall contain a prayer, that an election may be held to
determine the sense of the electors upon the subject. [66 v. 269, § 707.]
SEC. 1635. [Notice of election to be given.] The council shall there-
upon fix a day and place for holding the election, and shall cause the clerk of
the corporation to give notice thereof and of the object of the election, in one
or more newspapers published in such city, and by posters set up in five or
more public places within the corporation, for the period of not less than twenty
days next prior to the day of holding the election. [66 v. 269, § 708.]
In mandamus, in the court of common pleas, to compel the council of an incorporated village to order
an election on the question of the surrender of its municipal powers, under 22 1633-1647, the issue was
whether the requisite number of qualified petitioners had petitioned the council therefor: Held, this was
an issue not of right triable by jury, and either party might appeal from the judgment of the common pleas
thereon: Dutton v. Village of Hanover, 42 O. S. 215.
Upon the presentation of a petition to council for such an election, it is the duty of council, before
taking action thereon, to satisfy itself that it contains the requisite number of qualified petitioners, and for
that purpose may refer the same to a committee to make the necessary examination: Ib. 215.
While such petition is under consideration, and before action thereon by the council, signers thereof may
withdraw their names from such petition, and if thereby the number of names is reduced below the requisite
number it is the duty of the council to refuse to order such election: Ib. 215.
>>
SEC. 1636. [The ballots; election: how conducted.] The ballots cast at
such election shall contain the words, "For surrender," or "Against surrender,'
and such election shall be held and conducted in the same manner and by the
same officers as other elections in the corporation, and the laws of the state
regulating elections shall govern the same so far as applicable. [66 v. 269,
§ 709.]
SEC. 1637. [How poll-books and tally-sheets certified.] The officers
holding the election shall, after counting the ballots, forthwith certify and cause
to be delivered to the clerk of the corporation, in a sealed envelope, having
indorsed thereon the nature of its contents, the poll-book and tally-sheets of
such election. [66 v. 269, § 710.]
S
SEC. 1638. [And opened by council.] The clerk, upon receiving the
poll-book and tally-sheets, shall file and preserve the same in his office until
the next regular meeting of the council, when the council shall cause them to
be opened and the result of the election declared and entered on its journal.
[66 v. 269, § 711.]
810
§§ 1639-1645.
SURRENDER OF POWERS, ETC. Tit.XII,Div.2,Ch.9.
SEC. 1639. [Result to be declared.] If the majority of votes cast at
the election is "For surrender," the council shall, by resolution, declare that,
by the determination of the legal voters at a special election held for the pur-
pose, the corporate rights of such corporation are surrendered, or that such city
is reduced to a village, and shall thereafter be known as the village of-
according to the fact. [72 v. 47, § 712.]
See note to 2 1556.
SEC. 1640. [Surrender not to interfere with school district.] The
surrender shall in no manner interfere with the organization of the school dis-
trict under whatever law the same may have been organized in such corporation,
and such school district shall remain wholly unaffected thereby, as though no
surrender had been made. [72 v. 47, § 712.]
SEC. 1641. [One transcript to be recorded; the other forwarded to
secretary of state.] The clerk shall thereupon cause two certified transcripts
of the resolution to be made, one of which he shall forthwith deliver to the
recorder of the county, who shall record it in the proper book of records in his
office, and the clerk shall forward the other to the secretary of state. [66 v. 270,
§713.]
SEC. 1642. [Not to affect incumbents of offices; wards and ordi-
nances unaffected.] All officers elected or chosen as officers of such corpora-
tion, shall continue in office and perform their duties as though no such sur-
render had been made, until the next regular election, and until the officers of
the new corporation are elected and qualified; and the wards of such city shall
remain, and the ordinances thereof shall continue in force, until changed or
repealed by the council of the new corporation, except so far as such ordinances
may be inconsistent with the provisions relating to villages. [66 v. 270, § 714.]
SEC. 1643. [Surrender, etc., by villages and hamlets of their pow-
ers.] Villages may surrender their corporate rights, or be reduced to hamlets,
and hamlets may surrender their corporate rights in the same manner, so far as
applicable, as is provided in the preceding sections in this chapter for the sur-
render of corporate rights by cities of the second class; and the duties of all
officers in respect thereto, and proceeding thereafter, so far as applicable, shall
be the same as prescribed in the preceding section. [72 v. 47, §715.]
SEC. 1644. [Petition therefor.] Where the petition is by the electors of
a village or hamlet, it shall be sufficient if signed by a majority of its electors,
if such electors are less than one hundred in number; but if the electors are
one hundred or more, in number, then by not less than fifty of such electors.
[72 v. 47, § 715.]
Act validating reduction of a grade of a village to a village for special purposes with-
out petition or submission to vote, and validating acts of officers since. Passed Feb. 26,
1875, 72 v. 43.
SEC. 1645. [Same proceedings as in case of cities; saving as to
taxes, etc.] On the petition of at least two-thirds of the adult freeholders
inhabiting any portion of the territory of a village, setting forth a desire to
surrender their corporate rights, and be detached from the corporation, the
same proceedings shall be had as are provided in this chapter, with respect to
reduction in grade, as far as the same may be applicable, including a submis-
sion of the question to the legal voters of the village; but, on the reduction of
the corporate limits, subsisting levies of taxes by the council shall be collected
and paid into the village treasury for the purposes for which they were made,
and the council, for paying existing indebtedness, shall, until the same is paid,
retain the power of levying taxes on the taxable property within the detached
territory, as if the same had not been detached; and the provisions of sections
sixteen hundred and forty-six and sixteen hundred and forty-seven shall govern in case
of such reduction, so far as the same may be applicable. [72 v. 47, § 715.]
811
Tit. XII,Div.2,Ch.9. SURRENDER OF POWERS, ETC.
§§ 1646-1647.
SEC. 1646. [Rights and liabilities unaffected; as to increase of in-
debtedness.] The surrender of corporate rights, as herein provided, shall not
be held to affect rights accrued or liabilities incurred by such corporations, or
the power to settle claims, dispose of property, or levy and collect taxes to dis-
charge liabilities incurred, but the same shall remain in full force and effect, as
also the corporate character of such municipal corporation, in respect thereto,
as though no surrender had been made; provided, that when the petition is pre-
sented by a village or hamlet for the entire surrender of its corporate rights, it
shall be unlawful for such corporation, or the council thereof, after the presenta-
tion of such petition, to incur or create any new debt or liability, or enter into
any new contract, or increase the debts or liabilities of such corporation in any
manner during the pendency of the petition and until the result of the election
is declared, or thereafter if a majority of votes cast at such election is "For
surrender;" and all debts or liabilities incurred, or contracts made, contrary to
the provisions of this title, shall be void. [72 v. 47, § 716.]
SEC. 1647. [Collection and disbursement of taxes.] Taxes which at
the time of such surrender remain due and unpaid shall be collected and the
same and all moneys in the treasury of the city, village or hamlet shall be
applied to the objects for which they were raised; and in case any moneys
remain in hand after the debts and liabilities of the corporation are discharged,
they shall be paid into the treasury of the village or hamlet, or into the com-
mon school fund of the district, embracing such corporation as the case may
be; and all property owned by the corporation at the time of the surrender
shall become the property of the new corporation, or of the school district, as
the case may be, and the title thereto vest accordingly; but in case of re-incor-
poration, under the same name of all, or a portion of the original territory, be-
fore the taxes previously paid or levied shall have been disbursed, all moneys
and property shall vest in such new corporation. [88 v. 440; 66 v. 270, § 717.]
Under a provision of a similar character to that contained in this and the preceding sections, it was held
that there was imposed upon the persons then officers of the town the duty of levying and collecting taxes
and paying its debts, and that they could not, by resignation, avoid the performance of the duty: Gorgas v.
Blackburn, 14 O. 252.
812
§§ 1648-1651.
TRUSTEES OF HAMLETS.
Tit.XII, Div.3, Ch.1.
THIRD DIVISION: LEGISLATIVE Department.
CHAPTER 1. TRUSTEES OF HAMLETS: THEIR POWERS.
CHAPTER 2. COUNCIL AND BOARDS OF ALDERMEN.
CHAPTER 3. CITIES AND VILLAGES; ENUMERATION OF POWERS.
CHAPTER 4. ORDINANCES, RESOLUTIONS, BY-LAWS: How ADOPTED.
CHAPTER 1.
TRUSTEES OF HAMLETS: THEIR POWERS.
SECTION
SECTION
1648.
Officers of hamlets; election and terms.
1649. Term of office.
1652. Limitations on such powers; hamlets in coun-
ties containing cities of first class.
1650.
Vacancy; quorum.
1653.
1651. Power over streets, etc.
1654.
General powers of hamlets.
Power to make by-laws, etc.
For ?? 1648-1654, see (S. & C. 1509).
SEC. 1648. [Officers of hamlets; election and terms.] The officers of
the hamlet shall consist of three trustees, who shall be electors residing within
the corporate limits and who shall hold their offices for three years, except as
herein provided, and until their successors are elected and qualified; a clerk and
treasurer, each of whom shall be electors in said hamlet and shall hold their
offices for two years and until their successors are elected and qualified; a mar-
shal and a supervisor, both of whom shall be electors in said hamlet and shall
hold their offices for one year, except as hereinafter provided, and until their
successors are elected and qualified. ´ [93 v. 289; 90 v. 78; 66 v. 157, § 47; 66 v.
159, § 58.]
See notes to 2.
SEC. 1649. [Term of office.] At the first meeting of the trustees, they
shall determine by lot the term of service of each, so that one shall serve for
one year, one for two years, and one for three years, and at every succeeding
annual election, one trustee shall be elected to serve for three years, and they
shall appoint from their own body a president of the board. [66 v. 158, § 48;
73 v. 170, § 49.]
SEC. 1650. [Vacancy; quornm.] The trustees shall have power to fill
any vacancies which may happen in any of the offices from the electors of the
corporation, and the person so appointed shall continue in office until the next
regular election and until his successor is elected and qualified; and any two
of the trustees may transact business, but notice of any meeting for the pur-
pose must be given to all. [90 v. 78; 66 v. 158, § 50.]
The members of such boards can not act separately: State v. Liberty Tp., 22 O. S. 144.
SEC. 1651. [Power over streets, etc.] The trustees shall have the ex-
clusive jurisdiction of public roads, streets, alleys, sewers and drains within the
limits of the corporation; they shall have power to construct and keep in repair
bridges and sidewalks; lay out, establish, open, widen, vacate, narrow, improve,
straighten, keep in order, repair and light roads, streets, alleys; open and
813
Tit. XII, Div. 3, Ch. 1.
TRUSTEES OF HAMLETS.
S$ 1652-1653.
construct and keep in order and repair sewers and drains; and enter upon,
appropriate, take and hold for the purposes aforesaid real estate within its
limits, and assess, and collect a charge for the construction, improvement and
repair of any such road, street or alley; but if a street is vacated or narrowed,
the right of way or easement of lot owners shall not thereby be impaired. [90
v. 315; 74 v. 198, §51.]
Such a corporation was not one of the corporations whose consent to the construction of a street rail-
way was required under the act of 1861 (58 v. 66, §5): Street Railway v. Cumminsville, 14 O. S. 523.
SEC. 1652. [Limitation on such powers; hamlets in counties contain-
ing cities of the first class.] No ordinance providing for the opening or
widening of any road, street or alley, or the appropriation of land therefor, and
no ordinance providing for any impro vement, the cost of which, or any part
thereof, shall be specially assessed upon any lands in the hamlet, shall be passed,
except upon the petition of two-thirds of the owners of lots or lands through or
along which the road, street, alley, sewer or other improvement, or part thereof,
to be opened, widened, improved or lighted, shall pass; provided, however, that
in all counties containing cities of the first class all the provisions of chapter
four, division seven, of this title, affecting or relating to villages generally, shall
apply to and affect hamlets, and wherever the word "council" occurs in said
chapter, the same shall be held to apply to and include the trustees of hamlets.
[93 v. 289; 92 v. 281; 91 v. 367; 90 v. 315; 66 v. 158, $52.]
SEC. 1653. [General powers of hamlets.] In addition to the powers
specifically granted in this title, and subject to the exceptions and limitations
in other parts of it, hamlets shall have the general powers enumerated in this
section, and the trustees may provide by ordinance for the exercise and enforce-
ment of the same:
1. To protect the property and persons of the inhabitants against injuries
and destruction by fire, thieves, robbers, burglars, and persons violating the
public peace.
2. To suppress riots, noise and disturbance, gambling, drunkenness, and
indecent and disorderly assemblages and conduct."
3. To punish all lewd and lascivious behavior in the streets, alleys and
other public places.
4. To suppress and restrain disorderly houses and houses of ill-fame.
5. To regulate and restrain ale, beer and porter houses or shops, and houses
and places of notorious and habitual resort for tippling and intemperance.
6. To regulate taverns and other houses of public entertainment.
7. To regulate or restrain theatricals, exhibitions, and public shows, and
all exhibitions of whatever name or nature, for which money is demanded or
received; but public lectures on historic, literary or scientific subjects shall not
come within the provisions of this section.
8. To prevent injury or annoyance from any thing dangerous, offensive or
unhealthy, and to cause any nuisance to be abated.
9. To acquire real estate for public halls and school-houses, and to erect
the necessary buildings thereon.
10. To protect all public buildings and property within or owned by the
corporation.
11. To provide public cemeteries, and for the improvement and protection
thereof, and to regulate the burial of the dead.
12. To regulate auctioneering, and to regulate, license or prohibit the sale
at auction of goods, wares and merchandise imported into the corporation for
the purpose of being sold at auction.
13. To regulate the weighing and measuring of hay, wood, coal and other
articles exposed for sale.
14. To regulate peddling, and to regulate, license or prohibit the sale by ped-
dlers of all goods, wares and merchandise not of their own manufacture or pro-
814
§ 1654.
TRUSTEES OF HAMLETS.
Tit. XII, Div. 3, Ch. 1.
duction; but commercial travelers shall not come within the provisions of this
section.
15. To restrain and prohibit the sale and exposure for sale of books, papers
and periodicals of an obscene nature.
16. To provide for the comfort, convenience and safety, preserve the health
and peace, promote the good order and prosperity, and improve the morals of
the inhabitants of the corporation. [1886, April 27: 83 v. 92; Rev. Stat. 1880;
66 v. 158, § 53.]
An ordinance providing for the arrest of persons guilty of loud and lascivious conduct is valid: Billing-
ton v. Hoverman, 70. D. 358.
An officer arresting on view without a warrant a person committing such an offense, is not liable for
damages, provided trial and conviction follows for the identical offense for which party was arrested: Id.
For "an act to authorize municipal corporations to grant the use of streets, alleys, etc.,
to lay pipe for supplying heat and power” (77 v. 83), see ? (2651—16) et seq.
SEC. 1654. [Power to make by-laws, etc.] For the purpose of exer-
cising the powers above granted, the trustees of hamlets shall, as to the pro-
viding for the cost and expense of improvements by them made, and as to
making and publishing of all by-laws, resolutions and ordinances and the en-
forcement of the same, have in all respects like rights and remedies as are herein
given to incorporated villages; but all by-laws and ordinances shall require
for their adoption the concurrence of at least two of the trustees, and shall only
be adopted at a stated meeting. [90 v. 316; 73 v. 199, 200, § 54.]
815
Tit. XII, Div. 3, Ch. 2. COUNCIL AND ALDERMEN.
§ 1655.
CHAPTER 2.
COUNCIL AND BOARDS OF ALDERMEN.
SUBDIVISION I. Council in cities of the first, [second], and third grades of the first class.
SUBDIVISION II.
SUBDIVISION III.
Council in villages, and cities other than cities of the first, [second], and third grades of the first class.
Councils and boards of aldermen; general provisions.
SUBDIVISION I.
SECTION
1655. Legislative power in cities of first class.
1655a. Board of legislation of Cincinnati.
16556. Requirements as to certain ordinances, etc., in
Cincinnati.
1656. Board of aldermen abolished in Cincinnati.
1657. Board of aldermen in Toledo.
SECTION
1664. Meetings of boards.
1665. Acts to be by concurrent ordinance.
1666. Veto power of mayor.
1666-1.
Mayor of Cleveland has power to veto cer-
tain acts of council; passage over veto.
1666-2. Mayor may veto certain acts of police and
fire commissioners and board of health; pas-
sage over veto.
1658.
1659.
Cincinnati, Cleveland and Toledo council.
[Repealed.]
1660.
Election of aldermen in Toledo.
1667.
His duty as to ordinances, etc.
1661. Election of councilmen.
1668.
Passage of ordinance after veto.
1662.
Organization of boards.
1669.
Joint session of the boards.
1663. Election of presiding officers of council and
board of aldermen.
1670.
City clerk.
1671.
Special meetings.
SUBDIVISION II.
1672. Legislative power in other municipalities;
Zanesville.
1672a. Held unconstitutional.
1672b. Council in Portsmouth.
1673. Terms of office; first election after advance in
grade.
1674. Terms of office: how ascertained in certain
1675. First meeting of council.
1675a. Held unconstitutional.
Organization of council.
1676a. Held unconstitutional.
16766. Organization in Portsmouth; quorum.
1677. Time and place of meeting.
[cases.
1676.
1673a. Terms in Portsmouth.
SUBDIVISION III.
1678.
Prerogative.
1685.
Expulsion and removal of officers.
1679. Judge of election and qualification of mem-
bers.
1686.
Process to compel attendance.
1687.
Oaths of witnesses.
•
1680. Members must be residents, etc.
1688.
16806. In Toledo aldermen and councilmen of terri-
tory redistricted may continue to serve until.
Testimony of witness not to be used against
him, etc.
1689.
Voting precincts.
1681. Who ineligible.
1690.
1682.
Ex-officio members of council.
Services and supplies to be in pursuance of
contract.
1683.
Compensation of members.
1691. Council restricted as to contracts.
1683a. Compensation in Dayton.
1684. Expulsion and removal of members.
Sinking fund trustees to certify board of legislation in Cincinnati tax rate to provide
a sinking fund, etc., see ? 2721a.
Board of public works and city council of Columbus to provide offices for justices and
clerks, and jury rooms in; also dockets, stationery, etc., see ? 621c.
To provide wheel for drawing of jury in city and justices' court in Toledo, see ? (6549—1).
To provide court rooms, etc., for city and justices' courts in Toledo, see ? (621-2).
Council ordering laying of water pipes in municipalities except cities of first class, see
? (2435—51).
Sinking fund trustees other than in Cincinnati to certify to council tax rate to provide
sinking fund, etc., see ? 2721.
Council may erect or purchase gas works, or electric works, see ? 2486 et seq.
A councilman cannot be a member of the board of education: State ex rel. v. McMillan, 15 C. C. 163.
A repeal by council of an ordinance creating an office, abolishes the office and the incumbent ceases to
be an officer: State ex rel. v. Jennings et al., 57 O. S. 423.
SUBDIVISION I. COUNCIL IN CITIES OF THE FIRST, [SECOND], AND THIRD GRADES
OF THE FIRST CLASS.
For "an act to authorize municipal corporations to sell stocks owned in private cor-
porations" (85 v. 143), see ? (2675—9).
SEC. 1655. [Legislative power in cities of first class.] In cities of the
first and second grades of the first class, the legislative power and authority
816
}
§ 1655a.
COUNCIL AND ALDERMEN. Tit. XII, Div. 3, Ch. 2.
1
shall be vested in a board of aldermen and a board of councilmen, which,
together, shall form the common council, and in cities of the second grade of
the first class, the legislative power and authority shall be vested in a council.
87 v. 147; 84 v. 125; 82 v. 111; Rev. Stat. 1880; 67 v. 7, §1; 71 v. 49, §1.]
See ? 1655a.
For "
an act to authorize any city of the third grade, first class (Toledo), to issue bonds
for police," etc., see 82 v. 81.
SEC. 1655a. [Board of legislation of Cincinnati.] In cities of the first
grade of the first class, the legislative power and authority shall be vested in
a board of legislation, which shall consist of as many members as there are
wards in any such city, composed of one member from each ward of such city
to be chosen at a municipal election by the qualified voters thereof, for a term
of three years; provided, however, that no election shall be held for the elec-
tion of said members of the board of legislation in such city until the regular
spring election to be held in April in the year 1897; and provided further,
that the members of any such board heretofore elected shall continue to be
members of such board until their successors are elected and qualified as herein.
provided; and thereafter at the expiration of said terms, all elections to such
board shall be for a period of three years. Every member of such board shall
be not less than twenty-five years of age, and shall have been a citizen of the
state four years, and a resident of such city and ward for one year next pre-
ceding the date of his election. No member of said board shall be directly or
indirectly interested in any contract with such city or any department or
institution thereof, nor shall any such member during the term for which
he is elected hold any other public office, appointment or employment except
that of notary public or member of the state militia. Any member who shall
at any time during his term cease to possess any of the qualifications men-
tioned in this section shall thereby forfeit his office, and the same shall imme-
diately become vacant and be filled as hereinafter provided. Such vacancies
shall be declared by the board, and in case the board shall fail for a period of
ten days to declare such vacancy the mayor is hereby authorized and required.
to do so. All vacancies which may occur in the board of legislation from any
cause whatsoever shall be filled for the unexpired term by election by a major-
ity of all the members elected thereto. The members shall within ten (10)
days after their election meet and organize the board, and the mayor, or in
his absence the city clerk, shall call to order the members elected. A majority
of the members shall constitute a quorum for the transaction of business, but
a smaller number may adjourn from time to time and compel the attendance
of absent members. The board shall, annually, elect a president and vice-
president from its own body, and shall, at the expiration of the term of the
city clerk, also elect a city clerk, who shall be the clerk of the board and shall
serve as hereinafter provided; but the board shall not have power to choose,
select or appoint any other officer or employe whatsoever. The president shall,
as soon as the board has organized, appoint a sergeant-at-arms, who shall serve
for a term of three years and who shall perform the duties belonging to such
office until his successor is appointed and qualified. The board shall deter-
mine the rules of its proceedings, be the sole judge of the qualifications of its
members, keep a journal of its proceedings, and may punish or expel any
member for disorderly conduct or violation of its rules, or declare his seat
vacant by reason of absence without valid excuse, where such absence is con-
tinued for the space of two successive months; but no expulsion shall take
place except by a vote of two-thirds of all the members elected, nor until the de-
linquent members shall have opportunity of being heard in his [their] defense.
At any meeting of the board any member shall have the right to call for the
ayes and nays on any question before the board, including the motion for
adjournment. The board shall assemble in the legislative chamber in regular
817
!
Tit. XII, Div. 3, Ch. 2. COUNCIL AND ALDERMEN.
§§ 1655b-1656.
meeting once each week, on such days as it may select. The mayor or any
three members may call special meetings of the board by notice to each mem-
ber, served personally or left at his usual place of residence or business. No
meeting of the board shall begin before six o'clock P. M. unless it shall be
otherwise provided by a vote of at least four-fifths of all the members elected
to the board. Each member of the board who is present during the entire
session of any regular meeting, and not otherwise, shall be entitled to receive
ten dollars for his attendance, and shall receive no other compensation what-
¡ soever. The votes of a majority of all the members elected to the board shall
be necessary to pass any ordinance, resolution or order; and the vote on every
, ordinance, resolution or order relating to the expenditure of money, or for
granting a franchise or creating a right, or for the purchase, lease, sale or trans-
fer of property, shall be taken by aye and nay vote and entered in the jour-
nal of the board. Every such ordinance, resolution and order shall be dis-
tinctly read at three regular meetings before such vote is taken, and said board
shall have no power to dispense with any of such readings, and every such
ordinance, resolution and order shall, before it takes effect, be presented, duly
certified by the clerk to the mayor of the city for approval. The mayor, if he
approves such ordinance, resolution or order, shall sign it; but if he does not
approve it he, shall return it with his objection to the board within ten days
thereafter, or if the board is not in session, at its next meeting thereafter,
which objection the board shall cause to be entered in full on its journal; pro-
vided, that the mayor may approve the whole or any item or part of any such
ordinance, resolution or order presented to him for his signature; and, pro-
vided, further, that any item or part disapproved shall have no bearing or
connection with any other part of such ordinance, resolution or order. If he
does not return the same in the time above limited, it shall take effect in the
same manner as if he had signed it. When the mayor refuses to sign any
such ordinance, resolution or order, or part thereof, and return it to the board
with his objections, the board shall, after the expiration of not less than ten
days proceed to again consider the same; and if such ordinance, resolution or
order is approved by the votes of four-fifths of all the members elected to the
board it shall then take effect as if it had received the signature of the mayor.
In all such cases the vote of the board shall be determined by ayes and nays,
and the names of the persons voting for or against the adoption of any such
ordinance, resolution or order shall be entered in the journal of the board.
[91 v. 286; 89 v. 34; 88 v. 222.]
Duty under act authorizing issue of bonds for benefit of flood sufferers: 93 v. 527.
This act is valid: Gobrecht v. Cincinnati, 51 O. S. 68.
This section cited in State v. Brown, 8 C. C. 103, 105; 1 O. D. 360, and held to repeal 2 2690h, requiring the
mayor's approval to an appropriation from the contingent fund.
The inhibition of this section prevents the appointment by the board of legislation of superintendent,
janitors and other employes of the city hall when completed: Lillard v. Ampt, 4 N. P. 307.
See note to same case under 2 1755.
SEC. 1655b. [Requirements as to certain ordinances, etc., in Cincin-
nati.] In cities of the first grade of the first class, no ordinance, resolution, or
order, for granting a franchise or creating a right, or for the purchase, lease,
sale or transfer of property, and no resolution declaring it to be to the interest
of such city that any property of any kind or description shall be sold, shall
take effect, unless such ordinance, resolution or order is concurred in by the
board of administration of such city, and unless approved by the mayor, or,
in case of his disapproval, is passed over his veto in the manner provided by
law. [92 v. 4; 91 v. 49.]
SEC. 1656. [Board of aldermen abolished in Cincinnati.] In cities of
the first grade of the first class, the respective terms of the present members of
the board of aldermen shall terminate from and after the passage of this act.
[87 v. 147 86 v. 277; 85 v. 95; 84 v. 125; 82 v. 111; Rev. Stat. 1880; 75 v.
56, § 1.]
See ? 1672.
53
818
S$ 1657-1663.
COUNCIL AND ALDERMEN. Tit. XII, Div. 3, Ch. 2.
SEC. 1657. [Board of aldermen in Toledo.] In cities of the third
grade of the first class the board of aldermen shall consist of one alderman
from each ward, and they shall be elected for the term of two years. [67 v.
7, § 2.]
SEC. 1658. [Cincinnati, Cleveland and Toledo council.] In cities of
the first grade of the first class, the council shall consist of two councilmen
from each ward, and they shall be elected for the term of two years; and in
cities of the third grade of the first class, the board of councilmen shall con-
sist of two councilmen from each ward, and they shall be elected for the term of
two years; and in cities of the second grade of the first class, the council shall
consist of one member from each ward, who shall be elected for the term of
two years. [87 v. 148; 84 v. 125, 126; 82 v; 111; Rev. Stat. 1880; 66 v. 163,
§ 82.j
See ? 1655a.
SEC. 1659. [Election of aldermen in Cincinnati. (76 v. 39, §5) Re-
pealed 87 v. 148.]
SEC. 1660. [Election of aldermen in Toledo.] In cities of the third
grade of the first class, the members of the board of aldermen in office shall
hold their offices until the expiration of their terms, at which time their places
shall be filled, at annual municipal elections, by the election of aldermen, to
serve for the term of two years. [67 v. 7, §2.]
SEC. 1661. [Election of councilmen.] In cities of the first grade of the
first class, the members of the board of councilmen in office shall serve as
members of the council until the expiration of their respective terms, and at
each annual municipal election thereafter, one member of the council shall be
elected in each ward, to serve for two years, and where a new ward is created,
the mayor, in his proclamation, shall give notice to the electors that at the
next municipal election they shall vote in each ward for one member for one
year, and one member for two years, designating the term on their ballots.
And in cities of the third grade of the first class, the members of the board of
councilmen in office shall serve until the expiration of their respective terms,
and at each annual municipal election thereafter, one member of the board of
councilmen shall be elected in each ward to serve for two years; and where a
new ward is created, the mayor, in his proclamation, shall give notice to the
electors that at the next municipal election they shall vote in such ward for
one member for one year, and one member for two years, designating the term
on their ballots. And in cities of the second grade of the first class, when a
new ward is created, the mayor, in his proclamation, shall give notice to the
electors that at the annual municipal election they shall vote in such ward
for a member of the council for such new ward. [87 v. 148; 84 v. 125, 126;
82 v. 111; Rev. Stat. 1880; 66 v. 163, § 85; 68 v. 53, § 410.]
See ? 1655a.
SEC. 1662. [Organization of boards.] Aldermen and councilmen,
within ten days after their election, shall assemble, upon separate days, and
organize their respective boards, and it shall be the duty of the mayor, or, in
his absence or inability, the clerk, to call to order the members elect, and the
members holding over, and, as the members elect are called, each shall present
his certificate and take the required oath or affirmation; and a majority of the
members elected to either of said boards shall constitute a quorum for the
transaction of business. [70 v. 16, §3; 66 v. 164, §86.]
By 1672, as amended April 3, 1885 (82 v. 111), 1662-1671, inclusive, of the Revised Statutes, were made
applicable to cities of the second grade of the first class, "as they have heretofore applied to cities of the first
and third grades of the first class." But 2 1672, as thus amended (82 v. 111), was repealed and amended by the
act of March 19, 1887 (84 v. 125).
SEC. 1663. [Election of presiding officers of council and board of
aldermen.] Each board shall annually elect a president and vice-president
819
Tit. XII, Div. 3, Ch. 2. COUNCIL AND ALDERMEN
§ 1664.
from its own body; and for the purpose of such election in any year when
there shall be no election of aldermen, said aldermen shall assemble on the
second Monday of April of said year. It shall be the duty of the president to
preside at all meetings; but in his absence the vice-president shall preside, and
in the absence of both officers a president pro tem. shall be elected; and all
officers required to be elected by either board in separate or joint session, shall
be elected viva voce. [1881, April 7: 78 v. 127; Rev. Stat. 1880; 70 v. 17, §3.]
SEC. 1664. [Meetings of boards.] Each board shall meet in the coun-
cil chamber at least twice each month, on such days as it may select; but both
boards shall not meet in separate session on the same day, nor shall either
board meet on the day after a meeting of the other branch, except in joint ses-
sion; provided, that if such boards, at any time, appoint meetings, or be called
to meet, on the same day, the board of aldermen shall have precedence on any
Tuesday, Thursday, or Saturday, and the board of councilmen shall have
precedence on any other day. [67 v. 7, §4.]
SEC. 1665. [Acts to be by concurrent ordinance.] Every legislative
act of the common council shall be by ordinance, resolution, or order, which
shall have passed the two boards; any ordinance, resolution, or order may
originate in either board, and when it has passed one board, may be rejected or
amended in the other; and at least one week shall elapse, after the passage by
one board of any ordinance, resolution, or order involving the expenditure of
money, or approving any contract for the payment of money, or granting any
franchise, or creating any right, before the passage of the same by the other
board. [67 v. 7, §5.]
Sections 1665 to 1668 were held to have been repealed as to appropriation ordinances in Cincinnati by
? 1655a (88 v. 222): State v. Brown, 8 C. C. 103, 106; 1 Ō. D. 360.
SEC. 1666. [Veto power of mayor.] The votes of a majority of all
the members elected to each board of the common council shall be necessary
to pass any ordinance, resolution, or order in which an expenditure of money
is involved; and every ordinance, resolution, or order in which an expenditure
of money, or the approval of a contract for the payment of money, or for
granting a franchise, or creating a right, or for the purchase, lease, sale, or trans-
fer of property, which shall have passed both boards of the common council
in separate session (except such as levying special taxes for the improvement
of streets), shall, before it takes effect, be presented, duly certified by the clerk,
to the mayor of the city for approval. [70 v. 18, § 1.]
A preliminary ordinance, passed pursuant to a general ordinance of the city council of Cincinnati, for
establishing street railroads, designating a route for a proposed street railroad, and directing the city clerk to
advertise for sealed proposals to construct and operate such road, is not an ordinance creating a right or
granting a franchise, or involving the expenditure of money, within this section, and does not require the
approval of the mayor: State ex rel. v. Henderson, 38 O. S. 645.
(1666-1) [Mayor of Cleveland has power to veto certain acts of
council; passage over veto.] In cities of the second grade of the first class,
no ordinance, resolution or order involving an expenditure of money, shall be
passed until at least one week shall have elapsed after the same has been intro-
duced and read in the council, and every such ordinance, resolution or order
which shall have passed the council, shall, before it takes effect, be presented,
duly certified by the clerk, to the mayor of the city, for approval. The mayor,
if he approves such ordinance, resolution or order shall sign it, but if he does
not approve it he shall return it, with his objections, to the council, within ten
days thereafter, or, if the council is not in session, at its next meeting there-
after, which objections the council shall cause to be entered in full on its
journal; and if he does not return the same within the time above limited, it
shall take effect in the same manner as if he had signed it. When the mayor
refuses to sign any such ordinance, resolution or order, and returns it to the
council with his objections, the council shall, after the expiration of not less
than one week, proceed to reconsider the same, and, if such ordinance, resolu-
820
§ (1666-2).
COUNCIL AND ALDERMEN. Tit. XII, Div. 3, Ch. 2.
tion, or order is approved by the votes of two-thirds of all the members elected,
it shall then take effect as if it had received the signature of the mayor; and
in all such cases the vote shall be taken by yeas and nays, and entered on the
journal. [87 v. 343.]
See ? (1545-3).
(1666-2) [Mayors may veto certain acts of police and fire commis-
sioners and board of health; passage over veto.] Any order or resolution
of the board of police commissioners, the board of fire commissioners, or the
board of health, involving the expenditure of money shall before it takes effect,
be by the secretary of the board submitted to the mayor of the city for
approval. The mayor if he approves such order or resolution shall sign it, but
if he does not approve it he shall return it with his objections to the board
from which it came within ten days thereafter, or if the board is not in session,
at its next regular meeting thereafter, which objections the board shall cause to
be entered in full upon its record; and if he does not return the same within
the time above limited, it shall take effect in the same manner as if he had
signed it. When the mayor refuses to sign any such order or resolution, and
returns the same with objections, the board to which it is returned, shall, after
the expiration of one week, proceed to reconsider the same, and if such order
or resolution is approved by the votes of four-fifths of the members of the
board, it shall then take effect as if it had received the signature of the mayor.
[87 v. 343.]
་
SEC. 1667. [His duty as to ordinances, etc.] The mayor, if he ap-
proves such ordinance, resolution, order, or contract, shall sign it, but if he does.
not approve it, he shall return it with his objections to the board in which it
originated, within ten days thereafter, or, if such board is not in session, at its
next meeting thereafter, which objections the board shall cause to be entered
in full on its journal; provided, that the mayor may approve the whole, or any
item, or part of any such ordinance, resolution, order, or contract presented to
him for his signature; and if he does not return the same within the time
above limited, it shall take effect in the same manner as if he had signed it.
[70 v. 18, §§ 1, 3.]
The mayor may veto part of an ordinance and leave the rest valid if separable: Sanfleet v. Toledo,
10 C. C. 460.
SEC. 1668. [Passage of ordinance after veto.] When the mayor re-
fuses to sign any such ordinance, resolution, order, or contract, or part
thereof, and returns it to the proper board with his objections, the board shall,
after the expiration of not less than ten days, proceed to reconsider the same,
after first notifying the other board, or the president thereof, of the action of
the mayor, and if such ordinance, resolution, or order is approved by the votes.
of two-thirds of all the members elected to each board, in separate session, it
shall then take effect as if it had received the signature of the mayor; and in
all such cases the vote of each board shall be determined by yeas and nays,
and the names of the persons voting for and against the adoption of such
ordinance, resolution, order, or contract shall be entered on the journal of the
board. [70 v. 18, §2.]
The mayor may veto part of an ordinance and leave the rest valid if separable: Sanfleet v. Toledo,
10 C. C. 460.
SEC. 1669. [Joint session of the board.] Where, under this title, the
election or confirmation of officers or agents is made the duty of the council,
the two boards shall, for that purpose, meet in joint session, and the election or
appointment of all such officers or agents, or of any board created by or work-
ing under the same, shall be held immediately after the organization of the
common council. [67 v. 8, § 6.]
821
Tit. XII, Div. 3, Ch. 2. COUNCIL AND ALDERMEN.
S$ 1670-1673.
SEC. 1670. [City clerk.] The city clerk shall be elected by both
branches of the common council, and be the clerk of each board. [67 v. 8,
§ 6.]
SEC. 1671. [Special meetings.] The mayor, or any three members of
either board, may call special meetings of either board, by notice to each mem-
ber served personally, or left at his usual place of abode; and the mayor, or
three members of the board of aldermen, uniting with five members of the
board of councilmen, may, in like manner, call a joint session of the two
boards. [90 v. 327; 66 v. 164, § 90; 67 v. 8, §7.]
SUBDIVISION II. COUNCIL IN VILLAGES AND CTITIES OTHER THAN CITIES OF THE
FIRST, [SECOND], AND THIRD GRADES OF THE FIRST CLASS.
For councils, see (S. & C. 1410-1413). For Columbus, see ? (1545-89).
SEC. 1672. [Legislative powers in other municipalities; Zanesville.]
The legislative authority of villages shall be vested in a council consisting of
six members, except that in villages divided into three or more wards such
authority shall be vested in a council composed of two members from each
ward; and the legislative authorities of cities, except as provided in section
1655, 1656, 1658, 1661, 1672a* and 16726 (supplemental hereto) of the Revised
Statutes, as hereby amended, shall be vested in a council consisting of two
members from each ward; and in all cities of the third grade and second class
that at any subsequent federal census may have a population of not less than
twenty-one thousand and not more than twenty-one thousand one hundred,
there shall be elected a councilman at large. [93 v. 602; 91 v. 226; 87 v. 148;
84 v. 125, 126; 82 v. 111; Rev. Stat. 1880; 66 v. 163, § 82.]
Board of control in Hamilton successors of, see ? (1545-290).
* Undoubtedly refers to ? 1673a.
Last amendment part of act creating new charter for Portsmouth which is to be sub-
mitted to electors.
The words "as hereby amended," formerly referred to the act of March 19, 1887 (84 v. 125). See foot-
note to 1662.
SEC. 1672a. [(88 v. 198) declared unconstitutional in State v. Schwab,
49 O. S. 229.]
SEC. 1672b. [Council for Portsmouth.] In cities of the second class,
third grade c, the legislative power and authority shall be vested in a city coun-
cil, which shall consist of three members elected from the city at large, and
one member elected from each of the wards in such city; and upon the election
and qualification of the city council in such cities, as herein provided, the ex-
isting council therein, shall be, and the same is, hereby abolished. [93 v. 602.]
Part of new charter for Portsmouth to be submitted to electors.
SEC. 1673. [Terms of office.] Members of the council in office shall
unless a vacancy sooner occur, serve until the expiration of their respective
terms; at each annual municipal election, one member of the council shall be
elected in each ward to serve for two years, except that councilman at large,
as provided for in section 1672, shall be elected annually and for a term of one
year; where villages are not divided into wards, three members of council to
serve for two years, shall be elected at such election. And where corporations
are advanced in grade or new corporations or new wards created at the first
election for council, the mayor, in his proclamation, shall give notice to the
electors to vote, in each ward for one member for one year, and one member for
two years, and one councilman at large, where provided for in section 1672,
designating the term on their ballots. [91 v. 385; 66 v. 163, § 85; 68 v. 53, § 410.]
Members serve, by virtue of 8, until their successors are qualified: State ex rel. v. Kearns, 47 O. S. 566.
822
§§ 1673a-1676a.
COUNCIL AND ALDERMEN. Tit. XII, Div. 3, Ch. 2.
SEC. 1673a. [Term in Portsmouth.] In cities of the second class, third
grade c, the members at large of the city council shall be elected, for terms of
three years each, by the qualified electors of such city, at the annual municipal
election, and the members from the wards shall be elected for terms of two
years each, by the qualified electors in their respective wards, at the annual
municipal election; provided, however, that at the first municipal election,
held under the provisions of this act, the three members at large shall be elected
for terms of one year, two and three years, respectively, and thereafter, at the
expiration of said term, all such elections of a member at large shall be for the
term of three years, and the members of said council, representing the even
numbered wards of said city, shall be elected each for a term of one year, and
those representing the odd numbered wards thereof, shall be elected each for a
term of two years, and thereafter, all elections of ward members to such council
shall be for terms of two years. [93 v. 603.]
Part of new charter for Portsmouth to be submitted to electors.
SEC. 1674. [Term of office, how ascertained in certain cases.] When
an election is held in a city or village for members of the council, and a portion
of the members are to be elected for the full term, and a portion to fill vacan-
cies, and the electors fail to designate on the ballots the length of the terms of
the persons elected, the members so elected shall, at the first regular meeting of
council in May, or at such time as the council may designate, determine, by
lot, the term of office to be held by each; and in cases of cities or villages that
are divided into three or more wards, such lots shall be cast between members
sitting for the same ward; but in case any member of the council fails to attend
at the time specified for casting lots, the mayor shall act in casting lots for such
member, and the result of the determination by lot herein provided shall fix
the terms of office of the members of such council as fully as though they had
been originally chosen by ballot for such terms. [70 v. 163, §1.]
SEC. 1675. [First meeting of council.] The mayor, or in his absence
or inability, the clerk, at the hour of the first regular meeting of the council
after the second Monday of April, in each year, shall call to order the members
elect, and those holding over, who may be assembled; and as the members
elect are called, they shall present their certificates and take the required oath;
and a majority of all the members elected shall constitute a quorum for the
transaction of business; and in villages, the mayor shall be president of the
council, but shall have no vote, except in case of a tie, and in his absence from
any meeting, the council shall appoint one of their number to perform his
duties for the time being. [66 v. 164, § 86.]
SEC. 1675a. [(88 v. 198) declared unconstitutional in State v. Schwab,
49 O. S. 229.]
SEC. 1676. [Organization of council.] In cities, under this subdivision,
if the members elect of the council and the members holding over, then
present, constitute a quorum, they shall, forthwith, proceed to organize by
electing a president and president pro tempore, from their own number, a
clerk, and such other officers, necessary to perfect their organization, as by ordi-
nance may be provided; and no business shall be transacted until such organ-
ization is effected: provided, that in cities of the second class, the mayor shall
be ex-officio president at the time of such organization, and in case of a tie!
vote in the choice of any officer at such organization, the mayor shall give the
casting vote. [74 v. 143, § 87.]
The statute is silent as to the mode of voting in the organization of a council. As no mode of voting at
such election is prescribed by law, any mode, not forbidden by law, which insures to each member the right
to vote, and by which the will of the majority can be fairly ascertained, may be adopted: State ex rel. v.
Green, 37 O. S. 230.
SEC. 1676a. [(88 v. 198) declared unconstitutional in State v. Schwab,
49 O. S. 229.]
823
Tit. XII, Div. 3, Ch. 2. COUNCIL AND ALDERMEN.
§§ 1676b-1679.
It is competent to elect by a motion-there being no other person than the one named in the motion in
nomination: Ib.
All the members being present and engaged in holding the election, members by refusing to vote when
their names are called can not defeat the election or divest the body of the power to elect. Their refusal to
vote is an acquiescence in the choice of those who do vote: Ib. 227.
The clerk holds his office by election, and not by appointment: State v. Squire, 39 O. S. 199.
In choosing the officers necessary to effect the organization of a city council, the members being present
and voting for candidates therefor, a plurality of the votes cast is sufficient to elect: State ex rel. v. Anderson,
45 O. S. 196.
SEC. 1676b. [Organization of council in Portsmouth; quorum.] In
cities of the second class, third grade c, the council shall, annually, within ten
days after the municipal election, perfect its organization by electing a presi-
dent, and a president pro tempore, from their own number. The mayor, or in
his absence the city clerk, shall preside at the meeting for organization. The
council shall also, at the expiration of the term of the city clerk, elect a city
clerk for the term of two years, and in case of a vacancy other than by expira-
tion of the term, the city clerk shall be elected for the unexpired term. The
city clerk in addition to his duties as clerk of council, shall perform such other
duties as are by law required of him in such cities; and the council shall not
have the authority or power, to choose, select or appoint, any other officer or
employe, whatsoever; the president, however, may, should he deem it neces-
sary, designate some suitable and capable person to act as sergeant-at-arms of
the council, and to perform the usual duties of that office during a meeting of
council. A majority of the members elected to council shall constitute a quo-
rum for the transaction of business, but three or more may adjourn from time
to time and compel the attendance of absent members. [93 v. 603.]
SEC. 1677. [Time and place of meeting.] The council shall not be
required to hold more than one regular meeting in each week; and the meet-
ings may be held at such time and place as may be prescribed by ordinance,
and shall, at all times, be open to the public; and the mayor, or any three
members, may call special meetings upon notice to each member, served per-
sonally, or left at his usual place of abode. [66 v. 164, §90.]
D. 324.
A special meeting is valid though the notice was not in writing: Young v. Rushsylvania, 8 C. C. 75; 10.
An adjourned meeting is but a prolongation of a regular meeting, and, it seems, no new notice is re-
quired: Wiswell v. First Congregational Church, 14 O. S. 31, 40; Bryant v. Goodwin, 90. S. 479; State v. Bonnell,
35 O. S. 10; Young v. Rushsylvania, 8 C. C. 75; 10. D. 324.
A notice not left at the usual place of abode, but at the usual place of business is not in compliance with
this section; a member so served, not being present, the action of the council at the special meeting is void:
Shaw v. Jones et al., 4 N. P. 372; 6 O. D. 453.
SUBDIVISION III.
COUNCIL AND BOARDS OF ALDERMEN; GENERAL PROVISIONS.
Councilman cannot be a member of the board of education: State ex rel. v. McMillan, 15 C. C. 163.
SEC. 1678. [Prerogative.] The council shall have the management
and control of the finances and property of the corporation, except as may be
otherwise provided, and have such other powers and perform such other duties
as may be conferred by law. [66 v. 163, §84.]
A municipal corporation has only that power which is expressly granted or clearly implied, and no other;
and doubtful claims to power are resolved against it: Bloom v. Xenia, 32 O. S. 461, 465.
After rejecting all bids, council may reconsider its action and award to one of the original bidders:
McClain v. McKisson, 15 C. C. 517. Or it may award to another bidder if the bidder to whom contract was
awarded, refuses or fails to enter into it: Id.
SEC. 1679. [Judge of election and qualification of members.] The
council, and when of two branches, each branch, shall be the judge of the
election, returns, and qualifications of its own members, shall determine the
rule of its procedure, and keep a journal of its proceedings, and may compel
the attendance of absent members in such manner and under such penalties as
may, by ordinance, be prescribed. [66 v. 164, § 88.]
The determination of council as to the election of a member is exclusive and quo warranto will not lie,
whether reviewable on error; query: State ex rel. v. Berry, 47 O. S. 233.
But quo warranto lies against one who assumes to act as councilman from a ward having no legal exist-
ence or under an unauthorized election: State ex rel. v. O'Brien, 47 (. S. 464.
Council's determination as to the election of member not reviewable on error: Stearns v. Wyoming.
53 O. S. 352.
824
SS 1680-1683a.
COUNCIL AND ALDERMEN. Tit. XII, Div. 3, Ch. 2.
The action of council as to correcting its journal, is final in the absence of fraud or bad faith: McClain
v. McKisson, 15 C. C. 525.
Also see note to same case under ? 1755.
The exclusive right of council to judge of the election returns and qualifications of its members, does
not apply where the dispute, among other things, is whether there is any vacancy or office then to be filled by
election or appointment: State ex rel. v. Darby, 12 C. C. 235.
SEC. 1680. [Members must be residents, etc.] A member of the coun-
cil or board of aldermen, must be a resident of the corporation for which he is.
elected, and if the corporation is divided into wards or districts, then a resident
of the ward or district for which he is elected; and when by reason of an alter-
ation in the boundaries of a ward or district, the residence of a member whose
term of office has not expired, is in a ward or district of a different number
from the one for which he was elected, he shall, nevertheless, be deemed to rep-
resent the ward or district which, at the time of his election, included his resi-
dence; provided, that if any ward or district, by annexation or otherwise, is
entirely absorbed, and its identity destroyed, the office of the alderman and
councilmen thereof shall cease. [67 v. 70, § 83.]
As to the effect upon incumbents by change of boundary, in the absence of such provision, see State v.
Choate, 11 0. 511; Scovill v. Cleveland, 1 O. S. 126.
SEC. 1680b. [In Toledo aldermen and councilmen of territory redis-
tricted may continue to serve until.] Provided that in cities of the third
grade of the first class whenever the common council shall redistrict the city
into new wards, the aldermen and councilmen of the old wards shall continue
to represent the territory for which they were elected until the next annual mu-
nicipal election, at which time, the office of alderman and councilmen shall
cease in any ward entirely absorbed and the identity of which is destroyed by
such redistricting. [91 v. 398.]
SEC. 1681. [Who ineligible.] No person shall be eligible as a member
of the council who holds any municipal office, or is an employee under the
government of the corporation. [66 v. 165, § 93.]
Hence a work-house director is ineligible to be a councilman, and his election is void: Commissioners
v. Cambridge, 7 C. C. 72.
SEC. 1682. [Ex-officio members.] The mayor, city auditor, city civil
engineer, city solicitor, and in cities of the second class, third grade c, the board
of public affairs, shall have seats in the council and board of aldermen, and be
entitled to take part in the proceedings and deliberations on all questions re-
lating to their respective departments, subject to such rules as the council shall,
from time to time prescribe, but without the right to vote; and such officers
may be compelled to attend meetings of the council or board of aldermen in
the same manner as the members. [93 v. 603; 67 v. 70, § 89; (S. & C. 1551).]
Part of act creating new charter for Portsmouth to be submitted to electors.
SEC. 1683. [Compensation of members.] Except in cities of the second
grade of the second class, no member of the council or board of aldermen shall
receive any compensation for his services, either as councilman, alderman, com-
mitteeman or otherwise, except when acting as judge of election, when he shall
receive such compensation as is provided by law for a judge of election. [93 v.
113; 67 v. 71, § 91.]
Repealed as to Hamilton in 87 O. L. 134, see ? (2022-65).
SEC. 1683a. [Compensation in Dayton.] That in cities of the second
grade of the second class, each member of the city council shall receive from
the treasury of the city five ($5.00) dollars for each meeting of council which
he attends, for not to exceed twenty-six (26) meetings in any one year; pro-
vided, however, that at each meeting of council the roll shall be called at the
opening of the meeting, and again immediately preceding the adjournment of
the meeting, and no member shall receive pay for a meeting unless he answers
to both roll-calls. [93 v. 114.]
825
Tit. XII, Div. 3, Ch. 2. COUNCIL AND ALDERMEN.
§§ 1684-1690.
SEC. 1684. [Expulsion and removal of members.] A member of the
council may be expelled or removed from office by a vote of two-thirds of all
[the] members elected, and in cities where there is a board of aldermen, by a
concurrent vote of two-thirds of all the members elected to the branch of
which he may be a member, but not a second time for the same cause. [66 v. 165,
§ 94.]
For 22 1684–1686, see (S. & C. 1515).
SEC. 1685. [Expulsion and removal of officers.] An officer or agent,
appointed by authority of this title, except as otherwise provided therein, may
be removed from office at the pleasure of the council by a vote of a majority
thereof; an officer elected may be removed from office by a concurrent vote of
two-thirds of all the members elected to the council; and in case of elective
officers, provision shall be made by ordinance for preferring charges, and try-
ing the party complained of upon the same; but in no case shall such removal
be made, unless a charge in writing is preferred and an opportunity given to
make defense. [66 v. 165, § 94.]
See State v. Heinmiller, 38 O. S. 109.
Cited in dissenting opinion in State ex rel. v. Hawkins, 44 O. S. 132.
See State ex rel. v. Bryson, 44 O. S. 469.
SEC. 1686. [Process to compel attendance.] For the purpose of inves-
tigating charges against members, or other officers of the corporation, or such
other matters as it may deem proper, the council, or any branch thereof, or any
committee of the members of either, shall have power to issue subpoenas, or
compulsory process to compel the attendance of persons and the production
of books and papers before the council, or either branch thereof, or any com-
mittee of the same, and shall have power to provide by ordinance for exercising
and enforcing this provision. [71 v. 147, § 95.]
SEC. 1687. [Oaths of witnesses.] In all cases in which the attendance
of witnesses may be compelled for the investigation of any matter as aforesaid,
the presiding officer of the council, or a branch thereof, or chairman of such
committee for the time being, shall have power to administer the requisite
oaths; and such council, or a branch or committee thereof, shall have such
power to compel the giving of testimony by the attending witnesses as is con-
ferred on courts of justice. [67 v. 71, § 96; (S. & C. 1544).]
SEC. 1688. [Testimony of witness not to be used against him, etc.]
The oral testimony of a witness examined before the council, or a branch
thereof, or a committee of the same, shall not be used as evidence in any crim-
inal proceeding against him, except such proceeding is for perjury. [71 v. 147,
§ 95.1
SEC. 1689. [Voting precincts.] Whenever the electors in any ward of
any city exceed seven hundred and fifty, the council shall divide the ward into
as many voting precincts as it may deem proper, and the combined vote of
such precincts shall be returned as the vote of the ward, and whenever the
electors in any village exceed seven hundred and fifty, the council may divide
the village into as many voting precincts as it may deem proper, and the com-
bined vote of such precincts shall be returned as the vote of the village; but
this section shall not apply when provision is otherwise made by law. [1889,
April 2: 86 v. 176, 177; 82 v. 15; Rev. Stat. 1880; 71 v. 135, § 10.]
SEC. 1690. [Services and supplies to be in pursuance of contracts.]
Except as otherwise provided in other divisions of this title, all services per-
formed, and supplies furnished for the corporation, shall, as far as practicable,
be performed and furnished in pursuance of contracts to be authorized by the
council, through some appropriate officer or department of the corporation.
[66 v. 261, § 659.]
For "an act to regulate the award of contracts for other purposes in cities of the first
grade of the first class" (84 v. 233), see ? (2702—1) et seq.
826
§§ 1691-1692.
For "
ENUMERATION OF POWERS. Tit. XII, Div. 3, Ch. 3.
an act to authorize cities of the first class, second grade, to contract for dredging
navigable streams" (86 v. 109), see? (2668-1) et seq.
SEC. 1691. [Council restricted as to contracts.] The council shall not
enter into any contract which is not to go into full operation during the term
for which all the members of such council are elected. [66 v. 261, § 660.]
Whether such provision can be made applicable to cases in which the expense has been already incurred,
see Jonas v. Cincinnati, 18 O. 318.
SECTION
CHAPTER 3.
CITIES AND VILLAGES; ENUMERATION OF POWERS.
1692. Enumeration of powers.
1692-1. Contracts for removal of garbage, etc., in
Cincinnati; bids.
1692a. Certain cities may regulate consumption of
smoke.
16925. Villages where there is a college or university
may provide against evils resulting from sale
of intoxicating liquors.
SECTION
1692c. Numbering and re-numbering of buildings.
1692d. Seizure and forfeiture of imperfect weights
and measures.
1692e. Villages authorized to prohibit sale of obscene
books, etc.
1692f(1). Nuisance.
1692f(2). Elevators; fire-escapes; inspectors; house-
movers; plumbers, etc.
For" an act to authorize municipal corporations to grant the use of streets, alleys, etc.,
to lay pipes for supplying heat and power (77 v. 83), see ? (2651-16) et seq.
"
For an act to authorize certain villages to prohibit the burial of the dead in certain
cases" (79 v. 75), see ? (2550 — 1).
66
For an act authorizing municipalities to license stationary engineers" (82 v. 13), see
? (2671—1).
For "
an act to authorize cities of the fourth grade of the second class to contract for
lighting purposes" (82 v. 262), see ? (2491—1).
For an act to authorize the council of cities of the first class, second grade (Cleveland),
to establish 'City Farm School,'" ? (2112-1) et seq.
See ? 11 of the act to provide against the evils resulting from the sale of intoxicating
liquors (83 v. 160), which authorizes municipal corporations to regulate and prohibit places
where liquor is sold, ? (4364-—20).
For "an act authorizing various cities to provide for the repairing, cleaning and sprink-
ling of and planting and caring for trees in streets," etc., see ? 2307 et seq.
For "
an act to enable councils of incorporated villages in counties containing a city of
the second grade, first class, to regulate building, etc. (86 v. 90), see ? (2575-127) et seq.
For" an act to provide for the better protection of human life against fire, and to regu-
late the construction and management of steam boiler furnaces in cities of the first and
second grades of the first class" (86 v. 135), see ? (2575-131) et seq.
For" an act to regulate the burial of the dead in villages" (86 v. 179), see ? (2550-2).
For acts authorizing cities of the first grade, second class, and cities of the second
grade, second class, to issue bonds for the construction, improvement, and repair of levees
(80 v. 150; 86 v. 102; 86 v. 246), see cross references under ? (2668-8).
For various acts authorizing certain cities to build and repair bridges, elevated road-
ways, purchase turnpikes, and to erect and maintain toll-gates, see various laws under
'bridges and roadways." Municipal Corporations, see cross references after (2664-14)
?
For power of council of any city or village to license shows, etc., see ?? 2669-2672.
SEC. 1692. In addition to the powers specifically granted in this title,
and subject to the exceptions and limitations in other parts of it, cities and vil-
lages shall have the general powers enumerated in this section, and the council
may provide by ordinance for the exercise and enforcement of the same.
Cited Young v. Rushylvania, 8 C. C. 75, 76; 1 O. D. 324.
1. [Riots, gambling, etc.] To prevent riots, gambling, noise, and dis-
turbance, indecent and disorderly conduct or assemblages, and to preserve the
peace and good order, and protect the property of the municipal corporation
and its inhabitants.
The neglect of city officers to prevent a riot does not render the city liable for property destroyed by a
mob: Western College v. Cleveland, 12 O. S. 375.
827
Tit. XII, Div. 3, Ch. 3. ENUMERATION OF POWERS.
$1692.
Neither paragraphs 1, 3 or 10 authorize making it penal to drive a horse-car without a conductor: Thorn-
hill ». Cincinnati, 4 C. C. 354.
2. [Billiards, ten-pins, etc.] To regulate billiard tables, nine or ten-pin
alleys or tables, and ball alleys; and to authorize the destruction of instru-
ments or devices used for the purpose of gambling.
A keeper of a billiard table is punishable for carrying on his business on Sunday, unless he consci-
entiously observes the seventh day of the week as the Sabbath; and if the question as to such observance
found against him, the finding will not be disturbed, unless clearly wrong: Billigheimer v. State, 32 O. S. 435.
Keeping nine-pin alley in a town, by a keeper of a public house, being forbidden (29 v. 162), the builder
of such alley can not recover the value of labor and material furnished in its construction: Spurgeon v.
McElwain, 6 (). 442.
An ordinance prohibiting the keeping open of bowling alleys on Sunday, is unconstitutional: Editorial,
38 W. L. B. 281.
3. [Nuisance.] To prevent injury or annoyance from anything danger-
ous, offensive, or unwholesome, and to cause any nuisance to be abated.
A village regulating the storage of dynamite and other explosives in certain quantities within corporate
limits, is within the purview of this section: Hays v. St. Marys, 55 O. S. 198.
See note to paragraph 1.
What amount of annoyance or inconvenience will constitute a nuisance, being a question of degree,
dependent on varying circumstances, can not be precisely defined: Columbus Gas, etc., Co. v. Freeland, 12
O. S. 392.
Such temporary obstructions as are occasioned in building and repairing houses, and the like, do not
constitute nuisances: Clark v. Fry, 8 O. S. 358.
An open pit in an uninclosed lot in a town, into which a beast might fall, is a nuisance: Hess v. Lupton,
7 O. (1 pt.) 216.
Whether blasting with gunpowder in a city is a nuisance, see Tiffin v. McCormack, 31 O. S. 638.
Obstructing flow of water: Tootle v. Clifton, 22 O. S. 247.
A municipal corporation has no authority, under the provisions of this section, to prohibit, by ordi-
nance, the use of steam whistles within the corporate limits: Whitcomb v. City of Springfield, 3 C. C. 244.
Nor has it the power to cause to be abated any nuisance other than a public nuisance: Ib.
4. [Houses of ill-fame.] To suppress and restrain disorderly houses and
houses of ill-fame, and to provide for the punishment of all lewd and lasciv-
ious behavior in the streets and other public places.
Such house a nuisance: Crofton v. State, 25 O. S. 249.
5. [Beer saloons.] To regulate ale, beer and porter houses and shops.
Where an ordinance contravenes the policy of the state, as declared in the general statutes, it is ille-
gal: Canton v. Nist, 9 O. S. 439; followed in Thompson v. Mt. Vernon, 11 O. S. 688, in which it was held that
an ordinance prohibiting the sale of wine, etc., in a less quantity than a gallon, was void. But in Burckhol-
ter v. McConnellsville, 20 O. S. 308, these cases were explained; and it was held that where the statute con-
fers on the council authority to "regulate, restrain, and prohibit ale, beer, and porter houses or shops, and
houses and places of notorious or habitual resort for tippling and intemperance," the council has authority to
provide for the punishment of the keeper of any place where ale, beer, or porter is habitually sold, or fur-
nished, to be drunk at such place.
The jurisdiction to punish under an ordinance, and under state law, is concurrent: Wightman v. State,
10 O. 452. It is said, in the opinion in that case, that a conviction in one jurisdiction would be a bar to
prosecution in the other; but quære.
Where a municipal corporation had authority to prohibit the retailing of intoxicating liquors, and
passed an ordinance for the purpose, a civil action could be maintained, in the name of the corporation, to
recover the penalty. Strong beer was within the terms of such ordinance (Nevin v. Ladue, 3 Denio 437), and
the word retailing, in that connection, did not import any consideration: Markle v. Akron, 14 0.586.
A place of habitual resort for tippling is a nuisance: Miller v. State, 3 O. S. 475.
An ordinance which makes it an offense for the proprietor of a place where malt, vinous, or spirituous
liquors are sold, to employ females to serve his customers with such liquor, is authorized by 1692, Revised
Statutes, which confers power to regulate such places; and such ordinance is not in conflict with any pro-
vision of the state or federal Constitution: Bergman v. Cleveland, 39 O. S. 651.
An ordinance of a municipal corporation, passed under the authority of 2 199 of the Municipal Code, as
amended March 27, 1875, declaring it unlawful for any person to keep open on Sunday, within the limits of the
corporation, any house where ale, beer, or porter was habitually sold or furnished to be drunk, and which
makes no general exception from its operation of cases of necessity or charity, or in behalf of those who con-
scientiously observe the seventh day of rest, is valid: City of Piqua v. Zimmerlin, 35 O. S. 507.
Where the ordinance declared the lighting up of the room to be prima facie evidence of keeping open, it
did not necessarily render it void: Ib. 512, 513. White and Okey, JJ. dissented.
v.
The scope of the word "regulate" was considered in Brown . Van Wert, 4 C. C. 407, 411, but that case
was in many respects reversed in 47 O S. 477.
An ordinance fixing the hours of closing and opening places where intoxicants are sold, requiring clos-
ing between 10 at night and 6 in the morning, is valid: Weaver v. Mt. Vernon, 6 O. D. 436.
6. [Taverns.] To regulate taverns and other houses for public entertain-
ment.
7. [Theatrical exhibitions.] To regulate, restrain or prohibit theatrical
exhibitions and public shows, and exhibitions, of whatever name or nature, for
which money or other reward is in any manner demanded or received; but lect-
ures on historic, literary or scientific subjects shall not come within the pro-
visions of this section.
The exaction. by a municipal corporation, of a sum of money as a charge for a license to give theatrical
exhibitions, is not in violation of any provision of the Constitution: Baker v. Cincinnati, 11 O. S. 534.
828
§ 1692.
ENUMERATION OF POWERS. Tit. XII, Div. 3, Ch. 3.
8. [Auction of animals.] To regulate or prohibit the sale of live domestic
animals at public auction in the streets, alleys, highways or any public ground
within the corporation.
9. [Auctions.] To regulate auctioneering, and to regulate, license or pro-
hibit the sale at auction of goods, wares and merchandise imported into the
corporation for the purpose of being sold at auction.
Auctioneer defined: Crandall v. State, 28 O. S. 479.
City council has authority to pass an ordinance prohibiting sales at auction upon the streets, alleys..
sidewalks, and public grounds of said city: White v. Kent, 11 O. S. 550.
This section is valid if not used to discriminate, but the power must be reasonably exercised. Im-
posing a license fee of $25 per day for auctioning goods imported into a city is unreasonable and void:
Sipe v. Murphy, 49 O. S. 536.
This section is not inconsistent with 22 4222 to 4238, Id. 548.
10. [Carriages, drays, etc.] To regulate the use of carts, drays, wagons,
hackney coaches, omnibuses, and every description of carriages which may be
kept for hire,or livery-stable purposes.
See note to paragraph 1.
The city council of Cincinnati has power to license and regulate draymen, and may require a reasonable
sum by way of excise on the special employment. The right to license and regulate confers no taxing power
over the draymen: Cincinnati v. Bryson, 15 O. 625.
A city can not pass an ordinance authorizing the owners and drivers of hackney coaches to occupy a
public street on which stores front, so as to constitute an unlawful obstruction of the right of access to the
street: Branahan v. Hotel Co., 39 O. S. 333.
11. [Animals running at large.] To regulate, restrain, and prohibit the
running at large, within the corporation, of cattle, horses, swine, sheep, goats,
geese, and other animals, and to impound and hold the same; and on notice
to the owners, to authorize the sale of the same, or any portion thereof, for the
penalty imposed by any ordinance, and the cost and expenses of the proceedings.
General power "to require and compel the abatement of nuisances," did not confer upon the corpora-
tion power to enact a by-law restraining horses, cattle, swine, etc., from running at large. This power can
only be exercised where it is specifically granted: Collins v. Hatch, 18 O. 523.
For pounds in villages, see? (4209—1).
12. [Dogs.] To regulate or prohibit the running at large of dogs, and pro-
vide against injuries and annoyances therefrom, and to authorize the destruc-
tion of the same when running at large contrary to the provisions of any ordi-
nance to that effect.
13. [Fast Driving.] To prevent and punish fast driving or riding of ani-
mals, or fast driving or propelling of vehicles through the public highways.
14. [Explosives.] To regulate the transportation and keeping of gun-
powder and other explosive and dangerous combustible[s] and to provide or
license magazines for the same.
Under similar provisions, it was held that there was no authority to decree a forfeiture of the gun-
powder, nor can a forfeiture be declared without notice and an adjudication: Cotter v. Doty, 5 O. 394.
A village ordinance regulating the transportation of dynamite and other explosives in certain quantities.
along its streets, is within the scope of this section: Hays v. St. Marys, 55 O. S. 198.
15. [Transportation.] To regulate the transportation of articles through
the streets, and prevent injuries to the streets from overloaded vehicles.
16. [Weighing.] To regulate the weighing and measuring of hay, wood
and coal, and other articles exposed for sale.
The city of Cincinnati could, under its charter of 1834, and the general law relating to weights and
measures, appoint an inspector or sealer of weights and measures, and enforce, by fine, the use of those sealed
by him: Huddleson v. Ruffin, 6 O. S. 604.
17. [Fire.] To guard against injuries by fire.
See note to clause 30, this section.
18. [Streets.] To lay off, establish, open, widen, narrow, straighten, extend,
keep in order and repair, and to light streets, alleys, public grounds, and build-
ings, wharves, landing places, bridges, and market spaces within the corpora-
tion, including any portion of any turnpike or plank road therein, surrendered
to or condemned by the corporation, and to provide for laying down gas pipes,
and the board of public works in cities of the first grade of the second class
829
Tit. XII, Div. 3, Ch. 3. ENUMERATION OF POWERS.
$1692.
shall have power to raise, lower or construct ways and crossings and viaducts.
on the line of such streets or alleys above or below any railway track or tracks
within the corporation whenever in its opinion any such crossing or crossings
may be or becomes insecure, inconvenient, subject to frequent obstruction and
dangerous to the public, and for the purpose of making such improvement
power is hereby granted to such board to require or cause to be raised or
lowered any railway track or tracks on the line of such streets or alleys, but
such improvement affecting such track or tracks shall be made upon plans to
be agreed upon by and between such board and the persons or corporations
owning or controlling such track or tracks; provided, however, that upon the
failure of said parties to agree upon a plan for said improvement, such board
shall proceed to make such improvement upon such plans as it may adopt.
Streets: Krumberg v. Cincinnati, 29 O. S. 69; gas, and laying gas-pipes: State v. Cincinnati Gas, etc., Co.,
18 O. S. 262.
Municipal corporations in their public capacity possess such powers, and such only, as are expressly
granted by statute, and such as may be implied as essential to carry into effect those which are expressly
granted: Ravenna v. Pennsylvania Co., 45 O. S. 118.
A municipal corporation has not the power, by ordinance, to compel a railroad company to maintain at
a street crossing within the corporate limits a watchman for the purpose of giving warning to the passers-by
of the approach of trains: Ib.
A sewer is an authorized use of a street: Elster v. Springfield, 49 O. S. 82. So is grading and changes of
grade: R. R. v. Defiance, 52 O. S. 262, 3:0.
This section imposes on the city a trust enforcible by any person specially injured: Herrick v. Cleve-
land, 7 C. C. 470.
None of the clauses of 21692 authorizes a city to grant the right to erect poles in the streets for electric
lighting: Brush Elec. Light Co. v. Jones Bros. Elec. Light Co., 5 C. C. 340, 341.
19. [Canals.] To construct, open, enlarge, excavate, improve, deepen,
straighten, or extend any canal, ship-canal, or water course located in whole or
in part within the corporation.
Longworth v. Cincinnati, 34 O. S. 101; Hubbard v. Toledo, 21 O. S. 379; Hickok v. Hine, 23 O. S. 523.
After a grant by the state to a city of a portion of a canal, to be used for street and sewer purposes, oper
ating as an abandonment of it for canal purposes, a conveyance by the state to a private individual of the
right to surplus water for power did not vest in such individual a right paramount to that of the city to
make use of the part abandoned in such manner as involved the destruction of the water power: Elevator
Co. v. Cincinnati, 30 O, S, 630.
20. [Street cleaning.] To regulate the cleaning and sprinkling of streets,
alleys and public grounds.
21. [Sewers.] To open, construct and keep in repair sewers, drains and
ditches.
Sewerage is one of the legitimate uses to which the public streets and alleys of a municipal corporation
may be appropriated by its municipal authorities: Cincinnati v. l'euny, 21 O. S. 499; Elster . Springfield,
49 O. S. 82.
The power of a city or village council, under subdivision twenty-one of this section, was not, in 1877,
restricted by chapter fifty of the Municipal Code (66 v. 251), unless council, acting under said chapter, in the
exercise of its discretion, had previously determined that it was necessary "to provide a system of sewerage
and drainage" for the city or village: Hartwell v. Railroad Co., 40 O. S. 155.
22. [Privies.] To establish, repair, and regulate water-closets and privies.
23. [Hospitals.] To erect, establish, regulate and repair pest-houses, hos-
pitals and infirmaries.
24. [Board of health. To establish a board of health and invest it with
such powers and impose upon it such duties as may be necessary to secure the
inhabitants from the evils of contagious, malignant and infectious diseases.
See 22 2685 and 2113 et seq.
25. [Jails.] To build jails and [or] other places of confinement, and to
regulate the same.
26. [Markets.] To erect market-houses, and to establish and regulate
markets.
Power conferred upon council to prevent huckstering, did not authorize it to include, in an ordinance,
persons as hucksters who did not fall within the ordinary meaning of that term: Mays v. Cincinnati, 1 O. S. 268.
The power here conferred is a continuing one, and its exercise subject to revocation by corporation:
Gall v. Cincinnati, 18 O. S. 563.
830
§ 1692.
ENUMERATION OF POWERS. Tit. XII, Div. 3, Ch. 3.
Where a market-house is in existence and stalls therein may be had at reasonable terms, a city may
prohibit the selling of meat by retail in less than certain quanity during market hours, on the sidewalk or
street devoted to market spaces: Keck v. Cincinnati, 6 O. D. 37; 37 W. L. B. 57.
May do this, although a license has been issued to sell meat: Id.
27. [Buildings and fences.] To regulate the erection of buildings, fences,
and other structures within the corporate limits.
Ordinance prescribing height of wooden structure; removal from one lot to another of structure erected
before passage of ordinance: Cleveland v. Lenze, 27 O. S. 383.
[Cemeteries.] To provide public cemeteries, and for the improvement
and protection thereof, and to regulate the burial of the dead.
29. [Police.] To organize and maintain a police department.
See note to clause 1, this section.
Municipal corporations in their public capacity possess such powers, and such only, as are expressly
granted by statute, and such as may be implied as essential to carry into effect those which are expressly
granted: Ravenna v. Pennsylvania Co., 45 O. S. 118.
A municipal corporation has not the power, by ordinance, to compei a railroad company to maintain at
a street crossing within the corporate limits a watchman for the purpose of giving warning to the passers-by
of the approach of trains: Ib.
30. [Fire department.] To organize and maintain a fire department,
erect necessary buildings therefor, and to purchase and hold all necessary hose,
engines, carts, ladders, carriages, tools and implements therefor.
The duty thus imposed is legislative and governmental, and not merely ministerial, and hence, a
municipal corporation is not liable for damages resulting from failure to provide agencies for extinguishing
fires, or negligence of officers of the fire department: Wheeler v. Cincinnati, 19 O. S. 19. See State v. Fire
Commissioners, 26 O. S. 24.
31. [Water.] To provide for a supply of water, by the construction of
wells, pumps, cisterns, aqueducts, water-pipes, reservoirs, and water-works, and
for the protection thereof, and to prevent unnecessary waste of water, and the
pollution thereof.
Cited as having no reference to private corporations: State v. Salem Water Co., 5 C. C. 58, 59.
31a. [Certain villages authorized to vote on issue for waterworks
bonds.] That any incorporated village in counties containing a city of the
first grade of the first class by a two-thirds vote of all the members of council,
may issue bonds in a sum not exceeding twenty thousand dollars, for the pur-
pose of laying water pipes to and through the streets, for supplying the citizens
with water; said bonds to be signed by the mayor and countersigned by the
clerk, and to be for sums not less than $100 and not more than $1,000 each,
and bearing interest at a rate not exceeding six per cent. per annum, payable
semi-annually, the principal and interest of said bonds to be payable at such
time and such place as the council may direct; provided, that said bonds shall
not be sold for less than their par value.
That for the purpose of paying said bonds and the interest thereon as the
same may become due, the council is hereby authorized and empowered to
levy and assess, in addition to that now allowed by law, a tax on all taxable
property of said village, annually, as shall be sufficient to pay the principal
and interest on said bonds, as they become due, and the money so raised shall
not be used for any purpose other than paying said bonds and the interest
thereon; provided, that the question of issuing said bonds shall first be sub-
mitted to a vote of the qualified electors of said village, at some general or
special election held in said village, ten days' notice whereof shall have been
given by posting written notices in five public places in said village, and if a
majority of the votes cast at said election shall be in favor of issuing said bonds,
the council shall have the authority to issue the same as herein before pro-
vided. [87 v. 282.]
32. [Parks.] To hold and improve public grounds and parks, and to pro-
vide for the protection and preservation of the same.
33. [Appropriation of property.] To appropriate private property for
the use of the corporation.
34. [Power to purchase real estate.] To acquire by purchase, or other-
wise, and to hold real estate, or any interest therein, and other property for
the use of the corporation, and to sell or lease the same.
831
Tit. XII, Div. 3, Ch. 3. ENUMERATION OF POWERS.
§ (1692—1).
Has no power to purchase lands to give away as an inducement for parties to locate manufactories in
municipality: Markley v. Mineral City, 58 O. S. 430.
While the deed by the municipality is of no effect, yet, when the property is already conveyed and an
action to set such conveyance aside, is brought by the municipality, the courts will leave the parties as they
are: Id.
35.
[Public schools.] To erect and maintain buildings for public schools.
36. Halls.] To erect and maintain public halls.
37. [Libraries.] To establish and maintain free, public libraries and
reading rooms, and to purchase books, papers, maps and manuscripts therefor,
and to receive donations and bequests of money or property for the same, in
trust or otherwise; and the council may appoint such trustees or officers, and
confer on them such authority as may be necessary to render any reading-room
so established of public utility; and may, also, pass necessary by-laws and
regulations for the protection and government of the same.
38. [Ferries.] To license and regulate ferries within the corporate limits.
39. [Bequests.] To accept bequests by will, upon conditions and limita-
tions contained in the will; and any city or village accepting such bequest
shall be bound to faithfully carry out all the stipulations of the will in rela
tion to the bequest, and the council of any such city or village is hereby
authorized to make any and all rules and regulations by ordinance that may
be required to carry out fully all the provisions of the will in relation to the
bequest.
39-1. [Cleveland authorized to adjust bequests; court empowered to
carry out compromise; executors authorized to settle.] Cities of the second
grade of the first class be, and they are hereby authorized, subject to the approval
and confirmation of the court of common pleas of the county in which any of
said cities are located, to adjust or compromise any controversy which has arisen
or which may arise between any of said cities and any claimant or claimants
to any property which has been heretofore or which may hereafter be devised
or bequeathed to any of said cities in trust for charitable or other uses or pur-
poses, and in like manner to adjust or compromise any claim, dispute or con-
troversy concerning the validity of any last will and testament by which any
estate or property is devised or bequeathed to any of said cities in trust as afore-
said, as well as any claim, dispute or controversy concerning the validity of
any such devise or bequest, and that said courts of common pleas are hereby
empowered to make and render such orders and judgments as may be neces-
sary or expedient in order to carry out any such compromise; and any of said
cities shall have power to make and execute any deeds of release or convey-
The executors
ance which may be necessary to carry out such compromise.
of last wills and testaments, by which any such devises or bequests are made
to any of said cities, or the administrators with the will annexed, are hereby
authorized to settle the estates, by them administered, according to such orders
or judgments as may be rendered as aforesaid. The city council of each of
said cities is hereby empowered to act in the premises in behalf of the city,
either by resolution or ordinance. [81 v. 103.]
40. [License.] To license and regulate the sale of produce and other
merchandise, from canal boats, vessels, cars on railroad tracks and railroad
depots, and cities of the first grade of the first class in addition to the powers
herein before granted, shall have the power to regulate and compel the con-
sumption of smoke emitted by the burning of coal, and to prevent injury
and annoyance from the same. [87 v. 166; 86 v. 354, 358; 86 v. 155; 78 v.
254; Rev. Stat. 1880; 72 v. 107, §199; 73 v. 205, § 1; (S. &. C. 1498–1503;
S. & C. 1513-1515).]
(1692-1) [Contracts for removal of garbage, etc., in Cincinnati;
bids.] Cities of the first grade of the first class be and they are hereby au-
thorized to make contracts for periods not exceeding ten years for the removal
and disposition of vegetable garbage, dead animals and animal offal, separately
832
§§ 1692a-1692ƒ(2).
ENUMERATION OF POWERS. Tit. XII, Div. 3, Ch. 3.
or together, as the board of legislation of such city may deem best; and the
boards of legislation of such cities are hereby authorized to make such con-
tracts, after advertising for thirty days for bids for the removal and disposition
of such vegetable or animal matter; provided, that the foregoing provision as
to advertising for bids shall not apply to such cities where advertising for bids
has already been had for such a period of time; and provided further, that
sections 2699 and 2702 as to the certificate of the auditor, and the fact that
money is in the treasury, shall not apply to contracts made hereunder. [89 v.
134.]
See 22122 et seq.
As to Dayton garbage, see ? (1707d-11) and ? (1707d-47) et seq.
Cleveland garbage crematory, see ? (1545-86).
Columbus garbage crematory, see ? (2122-1).
SEC. 1692a. [Cities and incorporated villages may regulate consump-
tion of smoke and steam whistles.] That cities and incorporated villages
shall have the power to regulate and compel the consumption of smoke emitted
by the burning of coal and to prevent injury and annoyance from the same;
and shall also have the power to regulate the use of steam whistles by blow-
ing or sounding the same, or causing steam whistles to be blown or sounded.
[90 v. 49; 88 v. 53; 79 v. 3, 4.]
Council cannot make or declare smoke a nuisance per se: Sigler r. Cleveland, 3 N. P. 119; 4 O. D. 166.
SEC. 1692b. [Villages where there is a college or university may pro-
vide against evils resulting from sale of intoxicating liquors.] That all
incorporated villages within this state, having within their limits a college or
university, shall have the power to provide, by ordinance, against the evils
resulting from the sale of intoxicating liquors within the limits of the corpora-
tion. [1882, March 29: 79 v. 59.]
The act of March 29, 1882 (79 v. 59), authorizing incorporated villages having within their limits a college
or university to provide against the evils resulting from the sale of intoxicating liquors therein, is not repug-
nant to the provisions of the Constitution: Bronson v. Oberlin, 41 O. S. 476.
But this law did not authorize a village council to prohibit the sale of liquor: Ib.
SEC. 1692c. [Numbering and renumbering buildings.] To require and
regulate the numbering and renumbering of buildings within the corporate
limits by the owners or occupants thereof. [1882, April 14: 79 v. 93.]
SEC. 1692d. [Seizure and forfeiture of imperfect weights and meas-
ures.] To provide for the seizure, forfeiture and destruction of weights and
measures, implements and appliances for measuring and weighing which are
imperfect or liable to indicate false or inaccurate weight or measure, or which
do not conform to the standards established by law and which are knowingly
used or kept to be used for weighing or measuring articles to be purchased, sold
or offered, or exposed for sale. [1882, April 14: 79 v. 93.]
SEC. 1692e. [Villages authorized to prohibit sale of obscene books,
etc.] To regulate, restrain, and prohibit the sale and exposure for sale of
books, papers, and periodicals of an obscene or immoral nature that tend to
corrupt the minds of the young. [1884, March 11: 81 v. 40.]
SEC. 1692f(1). [Nuisance.] To determine what shall be a nuisance and
to abate the same; to impose fines upon parties who may create, continue or
suffer a nuisance to exist. [92 v. 346.]
Council cannot declare the emission of smoke a nuisauce per se: Cleveland v. Malm, 5 N. P. 203.
SEC. 1692f(2). [Elevators; fire-escapes; inspectors; house-movers
plumbers, etc.] To regulate the construction of, repair of, alteration in, and
addition to buildings; to provide for the construction and erection of elevators
and fire-escapes in and upon buildings; to provide for the removal and repair
of insecure buildings; to provide for the appointment of an inspector or in-
spectors of buildings, and for the licensing of housemovers, plumbers and sewer-
tappers. [92 v. 408.]
There are two sections numbered 1692f.
833
Tit. XII.
ENUMERATION OF POWERS.
CINCINNATI SOUTHERN RAILROAD.
Div. 3, Ch. 3.
Authority to construct; trustees; borrow $10,000,000; bond; removal; appropriation of
land; compensation; see 66 v. 80.
Municipality may build a railway, but can not become a stockholder in a railway: Walker v. Cincin-
nati, 21 O. S. 14. Municipality can not build if others are to complete and own the road: Taylor v. Comm'rs
of Ross Co., 23 O. S. 22.
See Wyscaver v. Atkinson, 37 O. S. 80; Counterman v. Dublin Tp., 38 0. S. 515.
This act does not require perpetual leasing nor prevent alienation being authorized: Cincinnati v.
Dexter, 55 0. S. 93.
As to modification or extension of lease; issue of further bonds to better road; trus-
tees may buy in road at any judicial sale, 93 v. 637.
Providing for disposition of net earnings and revenue and the proceeds of the sale of
the railroad, 93 v. 647.
As to bonds redeemed; extending time of payment of bonds, 93 v. 672.
City may advance funds to trustees; see 67 v. 28.
Rights of bondholders; deeds and suits in whose name; occupation of streets, grounds,
etc.; trustees, powers to complete and lease road; see 70 v. 139.
Power to borrow $6,000,000 more; suits in whose name; service; see 73 v. 13.
Power to contract for completing and leasing; see 74 v. 115.
Power to borrow $2,000,000 more; leasing lands for terminal facilities; right to use
streets; lease of finished parts of road; see 75 v. 115.
Power to borrow $2,000,000 more; contract to complete road; see 75 v. 559.
Power to borrow $300,000 more; acquire land for terminal facilities; trustees of sink-
ing fund, as to tax for rents; power to compromise disputed claims see 77 v. 153.
Trustees to give new bonds; see 77 v. 153.
Trustees may lease or sell; see 78 v. 58; repealed, 93 v. 637.
Compensation of trustees; 80 v. 168.
Power to fill and improve lands for terminal facilities; see 82 v. 143.
Power to sell Cincinnati Southern Railway if electors so vote; refunding bonds for
such purpose, see 84 v. 82, 83; repealed, 93 v. 637.
This act (84 v. 82) which provides for the sale of the railroad, does not violate Art. VIII, 6 of the Consti-
tution; a sale made in good faith and for a fair price cannot properly be characterized as a loan of the credit
of the municipality, and although a per centum of the gross receipts is to be paid as a part of the purchase
price: Cin. v. Dexter et al., 55 O. S. 93.
The sale need not be for cash: Id.
The consent to the sale of the other states through which the road passes, is not necessary: Id.
Power to extend lease of railway; bonds; see 86 v. 67, 68; 1 repealed, 93 v. 637; ? 2
repealed, 93 v. 672.
Power to adjust claims; see 83 v. 152.
TOLEDO.
Power to build railroad; trustees acquiring right of way, etc.; compensation; see 66 v. 83.
Power to sell the road; see 75 v. 113.
ZANESVILLE.
May provide for line of railway; see 67 v. 11.
MT. GILEAD.
Power to provide for line of railway, see 75 v. 110; 6 amended, 93 v. 679; 77 v. 91;
78 v. 45.
HILLSBORO.
Power to provide for line of railway; see 76 v. 65; 79 v. 82.
GEORGETOWN.
Power to provide for line of railway; see 76 v. 138; 88 v. 141.
RIPLEY.
Power to provide for line of railway: see 76 v. 149.
ST. CLAIRSVILLE.
Power to provide for line of railway; see 76 v. 180.
NORWALK.
Power to provide line of railway; see 89 v. 323.
Freeport Township, in Harrison Co., authorized to build a railroad; see 88 v. 737.
POMEROY.
Power to provide for line of railway; 87 v. 110; 89 v. 308; 90 L. L. 356.
51
834
Tit. XII.
ENUMERATION OF POWERS.
SALEM.
Power to provide for line of railway; 88 v. 593.
Held unconstitutional, P. H. W. & C. Ry. v. Martin, 530. S. 386.
MACHINE SHOPS.
Div. 3, Ch. 3.
་
?
Acts empowering certain municipal corporations to erect machine shops and issue
bonds to pay for them.
Bellefontaine. Passed Oct. 24, 1890; 88 v. 8.
Bucyrus. Passed April 9, 1880; 77 v. 155.
Carey, Mineral Ridge, Plymouth and Westerville. Passed Oct. 24, 1890; 88 v. 5.
Cambridge and Cambridge Township.
Passed April 16, 1880; 77 v. 292.
Chillicothe. Passed Oct. 21, 1890; 88 v. 3, 199.
Dayton. Passed April 6, 1881; 78 v. 103.
Delphos. Passed Feb. 24, 1881; 78 v. 39.
Fremont. Passed April 16, 1881; 78 v. 160; also authorizing manufactories. Passed
Feb. 17, 1892; 89 v. 28.
Kenton. Passed March 25, 1890; 87 v. 108.
Lebanon. Passed March 17, 1881; 78 v. 51.
Lima. Passed Feb. 16, 1880; 77 v. 7.
Martin's Ferry. Passed April 15, 1881; 78 v. 146.
Newark. Passed March 18, 1881; 78 v. 60.
New Philadelphia. Passed April 13, 1880; 77 v. 193; also to construct glass works.
Passed March 21, 1881; 78 v. 67.
Tiffin. Passed Feb. 4, 1881; 78 v. 24.
835
Tit.XII,Div.3,Ch.4. ORDINANCES, ETC.: HOW ADOPTED.
§ 1693.
SECTION
CHAPTER 4.
ORDINANCES, RESOLUTIONS, BY-LAWS: HOW ADOPTED.
1693. Adoption of ordinances, etc.
1694. Must be read three times, unless, etc.; subject
and amendment of by-laws, etc.
1694a. In Portsmouth, right of member to demand
ayes and nays; vote necessary to pass ordi-
nance, etc., and how taken.
1695. Recording and publishing by-laws, ordinances,
etc.; publication in book form sufficient.
1696. Statement as to publication.
For ?? 1693–1699, see (S. & C. 1506–1508).
SECTION
1697. Mode of publication.
1698. Effect of non-publication.
1699. By-laws, ordinances, etc., as evidence.
1699-1. Revised book of ordinances; publication;
when dispensed with.
1699-2.
Publication of ordinances in book form in
certain cities.
1699-3. Revised book of ordinances; publication;
when dispensed with.
SEC. 1693. [Adoption of ordinances, etc.] Ordinances, resolutions and
by-laws shall require for their passage or adoption the concurrence of a
majority of all the members elected except in case of a single vacancy in the
members by death, resignation or otherwise, and such vacancy, by neglect or
omission of the council or mayor shall not be filled as provided in section one
thousand seven hundred and thirteen, revised statutes, in which case they shall
require a majority of the members qualified to vote thereon, until such vacancy
be filled according to law, and the vote on their passage or adoption shall be
taken by yeas and nays and recorded on the journal; and no contract, agree-
ment or obligation shall be entered into except by an ordinance or resolution
of the council, nor any appropriation of money for any purpose be made.
except by an ordinance; every ordinance appropriating money shall contain
an explicit statement of the uses and purposes for which the appropriation is
made; the power or authority to make a contract, agreement or obligation to
bind the corporation, or to make an appropriation, shall not be delegated; and
every contract, agreement, or obligation, and every appropriation of money
made contrary to the provisions of this section shall be void as against the cor-
poration, but binding on the person or persons making it, but this section shall
not be construed to impair the power of the board of public works, "city com-
missioners" in any city to make contracts, or impair the power to contract
whenever elsewhere given in this title or to delegate the power to execute such
contracts. [1880, February 27: 77 v. 34; Rev. Stat. 1880; 73 v. 34; S. & C.
1525).]
As to week intervening between passage by two boards, see ? (1666—1) et seq.
As to mayor's veto power, see ? 1666 et seq.
As to a week elapsing after introduction before passage in Cleveland, see ? (1545—3).
Approval of by mayor of Hamilton, see ? (1545—305).
Section cited Sullivan v. Pausch, 5 C. C. 196, 197; Foster v. Findlay, 5 C. C. 455, 464; Guernsey Co. v. Cam-
bridge, 7 C. C. 72, 80.
An ordinance or a by-law of a municipal corporation is binding upon a stranger coming within its terri-
torial limits: Marietta v. Fearing, 4 O. 427.
An ordinance or a by-law of a municipal corporation inconsistent with or repugnant to the policy and
spirit of the Constitution or statutes of the state, is void: Canton v. Nist, 9 O. S. 439; Cincinnati v. Rice, 15
O. 235.
Distinction between an ordinance and a resolution: Blanchard v. Bissel, 11 O. S. 96, 103.
Where a municipal corporation waives the time of performance of a contract, it is not necessary that
this should be done by ordinance or resolution: Hubbard v. Norton, 28 O. S. 116.
A person has a right to assume that another will conform to the ordinances of the city, and, in the
absence of knowledge to the contrary, such person may properly act on that presumption: Baker v. Pender-
gast, 32 O. S. 494.
Fraud or malice can not be imputed to the general assembly. "And the same rule should, perhaps,
govern in the case of an ordinance passed by a city council in the exercise of the legislative powers conferred
upon it for the purposes of police regulation, or municipal government. But this immunity from impeach-
ment for fraudulent motives, or abuse of power, does not attach to all the acts of a city council which may
assume the form of an ordinance:" State v. Cincinnati Gas, etc., Co., 18 O. S. 262-301-Scott, J.
Where a plaintiff recites a special title in his declaration conducing to his cause of action, as an ordi-
nance of a city corporation, he must set it out in terms: Cincinnati Water Co. v. Cincinnati, 4 0. 443.
The delegation of power to a municipal corporation to pass ordinances, is not in conflict with the pro-
vision of the Constitution vesting legislative power in the general assembly: Markle v. Akron, 14 O. 587.
An ordinance inconsistent with and against the policy of the general statutes of the state, is void:
Thompson v. Mt. Vernon, 11 O. S. 688.
836
*
S$ 1694-1694a. ORDINANCES, ETC. HOW ADOPTED. Tit. XII,Div.3,Ch.4.
In these specified cases, and perhaps others, the mode of voting is by yeas and nays; but the statute is
silent as to the mode of voting in the organization of council: State ex rel. v. Green, 37 O. S. 230.
See note to State ex rel. v. Anderson, 45 O. S. 196, under 21676.
A part of an ordinance may be void and the rest valid: Weaver v. Mt. Vernon, 6 O. D. 436.
A repeal by council of an ordinance creating an office, abolishes the office and the incumbent ceases to
be an officer: State ex rel. v. Jenninge et al., 57 O. S. 423.
See note to State ex rel. v. Darby, 12 C. C. 235, under 22 1724, 1679.
Notwithstanding the reference of 1713 in 1693, the provisions of 1724 govern as to the appointment
to vacancies in the office of councilman: State ex rel. v. Darby, 12 C. C. 235.
As appropriating ordinances and the necessary detail thereof, see note under 2 2690h: Ampt v. Cincin-
nati, 5 N. P. 98.
A contract to be legal, must be evidenced by an ordinance duly passed, together with the written accept-
ance of the other contracting party: Gas Co. v. Lima, 4 C. C. 22; but if the minutes do not show the ordinance
oral evidence of its passage is admissible: Drott v. Riverside, 4 C. C. 312.
Parties under such a contract acquire vested rights; an ordinance repealing the contract ordinance is
void: Ib.
SEC. 1694. [Must be read three times, unless, etc.; subject and
amendment of by-laws, etc.] By-laws, resolutions and ordinances of a general
or permanent nature, shall be fully and distinctly read on three different days,
unless three-fourths of the members elected dispense with the rule; and the vote
on such suspension shall be taken by yeas and nays, separately on each by-law,
resolution or ordinance, and entered on the journal. No by-law or ordinance shall
contain more than one subject, which shall be clearly expressed in its title, and
no by-law or ordinance, or section thereof, shall be revived or amended, unless
the new by-law or ordinance contain the entire by-law or ordinance, or section
revived or amended; and the by-law or ordinance, section or sections so
amended shall be repealed; and every such by-law, resolution and ordinance
shall be adopted or passed by a separate vote of the council and the yeas and
nays shall be entered upon the journal. [90 v. 136; 87 v. 36; 66 v. 166, §§ 98,
99; (S & C. 1521).]
For an act curative of assessments where some of the ordinances were not properly
passed under the above, see ?? 2289a, b.
As to improvement resolutions passed together without separate vote, see notes to 2289a.
The clause as to dispensing with the rule is mandatory: Bloom v. Xenia, 32 O.S. 461. Reading on three
different days or suspending the rule by a three-fourths vote is mandatory: Campbell v. Cincinnati, 49 O. S.
Pim v.
463. So is the provision that "no by-law or ordinance shall contain more than one subject:"
Nicholson, 6 O. S. 176; State v. Covington, 29 O. S. 102. And there may still be a repeal by implication: Leh-
man v. McBride, 15 O. S. 573.
A suspension of the rule for a particular purpose does not operate as to matters not embraced within
the suspension: Bloom v. Xenia, 32 O. S. 461.
A separate suspension of the rules for each ordinance is necessary; several can not be passed under one
suspension: Campbell v. Cincinnati, 49 O. S. 463; Sullivan v. Pausch, 5 C. C. 196.
Three readings of an amendment made during passage is not necessary: Mohn v. Collins, 32 Bull. 77, 78.
The preliminary resolution declaring a proposed street improvement necessary, is not a resolution of
either a general or permanent nature within the meaning of this provision as it existed in the Municipal
Code of 1869: Upington v. Oviatt, 24 O. S. 232.
Nor was a resolution awarding a contract for the improvement, and directing the auditor to enter into
the contract with the bidder, such resolution of a permanent or general nature: Cincinnati v. Bickett, 26
O. S. 49. Nor authorizing a committee to compromise a litigation: Guernsey Co. v. Cambridge, 7 C. C. 72.
But an ordinance to condemn or to improve for street purposes is of a permanent nature: Campbell v. Cin-
cinnati, 49 O. S. 463.
It is a substantial compliance with the statute, when an ordinance is read the first time and referred to
the clerk to make report as to the sufficiency of the money in the treasury to carry out its provisions; and
such report being made and accepted by council, and by a unanimous vote of the five members present (one
being absent), taken by yeas and nays, the rule is suspended, the ordinance read the second and third time,
and passed by the same vote: Purcell v. Village of Riverside, 1 C. C. 12.
The rule requiring three readings is mandatory: Weaver v. Mt. Vernon, 6 O. D. 436.
However, does not apply to an amendment to an ordinance unless the original ordinance is materially
changed thereby: Id.
The rule requiring ordinances for improvements to be read the second and third times and on three
different days may be suspended: Schroder v. Overmann et al., 6 O. D. 133.
A resolution declaring it necessary to issue bonds to procure water works and submit the question to
popular vote, is of a general and permanent nature: Gas & Water Co. v. Elyria, 57 O. S. 374.
Also see note to same case under § 2835.
A reading may take place at a special session for which the members must be served according to & 1677;
and a member not so served and not present, the action of the council at the special meeting is void: Shaw
v. Jones et al., 4 N. P. 372; 6 O. D. 453.
SEC. 1694a. [In Portsmouth right of member to demand ayes and
nays; vote necessary to pass ordinance, etc., and how taken.] In cities of
the second class, third grade c, any member of the council, at any meeting
thereof, shall have the right to demand the ayes and nays upon any question
before the council, including the motion to adjourn, and upon such demand
made, the aye and nay vote shall be taken. A majority vote of all the mem-
837
Tit. XII,Div.3, Ch.4. ORDINANCES, ETC.: HOW ADOPTED. §§ 1695–1698.
bers elected to the council shall be required for the passage of any ordinance,
resolution, or order, and the vote on every ordinance, resolution or order, re-
lating to the expenditure of money, the granting of a franchise, the creating
of a right, or the purchase, lease, sale or transfer of property, tax levy, assess-
ment of water rents, fixing of wharf rents, or imposing fines, penalty, or for-
feiture, shall be taken by an aye and nay vote, and which shall be entered upon,
the journal of council. [93 v. 603.]
Part of act creating new charter for Portsmouth to be submitted to electors.
SEC. 1695. [Recording and publishing by-laws, ordinances, etc.; pub-
lication in book form sufficient.] By-laws, resolutions and ordinances shall
be authenticated by the signature of the presiding officer and clerk of the
council. Ordinances of a general nature, or providing for improvements shall
be published in some newspaper of general circulation in the corporation; if
a daily, twice and if a weekly once, before going into operation. No ordinance
shall take effect until the expiration of ten days after the first publication of
such notice. And as soon as any by-law, resolution or ordinance is passed and
signed, it shall be recorded by the clerk in a book to be furnished by the coun-
cil for the purpose, provided that whenever ordinances shall be revised, codi-
fied, re-arranged and published in book form and certified as correct by the
city or village clerk and the mayor thereof, such publication in book form
shall be taken and held to be in lieu of publishing the same in a newspaper
or newspapers as required by law, and shall be a sufficient publication to all
intents and purposes, and the ordinance or several ordinances so published in
book form, under appropriate titles, chapters and sections, shall be held the
same in law as though they had been published in a newspaper or newspapers,
provided that any new ordinance so published in book form, which has never
been published according to law, and which contains entirely new matter shall
be published as heretofore required by law. [1883, February 22: 80 v. 26; 67
v. 68, § 100; (S. & S. 797; S. & C. 1525).]
Publication in a German newspaper in Columbus, see ? (1537—1).
Section mentioned Parsons v. Cincinnati, 50 O. S. 460, 469.
Signature of presiding officer not essential to validity of ordinance: Blanchard v. Bissell, 11 O. S. 96.
Provision as to particular book in which by-laws, etc., to be recorded, is directory: Upington v. Oviatt,
24 O. S. 232.
In the absence of a provision to the contrary, the publication should be in an English newspaper, and pub-
lication in a paper printed in any other language is not a compliance with the statute: Cincinnati v. Bickett,
26 O. S. 49.
Publication of the preliminary and other ordinances, with respect to a street improvement, in a news-
paper of general circulation, in accordance with the terms of the statute, is a valid and legal publication,
although such newspaper is published only on Sunday: Hastings v. Columbus, 42 O. S. 585.
Whether the ordinance be one of a general nature, or providing for improvements as provided for in
this section, or not, it is competent for a city council to fix the time at which any resolution or ordinance
shall take effect: Hensly v. City of Hamilton, 3 C. C. 201.
When an ordinance provides that "it shall take effect and be in force from and after ten days after its
publication." any act done under it until that time has elapsed, after its first publication, is void: Ib.
SEC. 1696. [Statement as to publication.] Immediately after the expi-
ration of the period of such publication, the clerk shall enter on the record of
ordinances, in a blank to be left for such purpose, under the recorded ordinance,
a certificate stating in what newspaper and of what dates such publication was
made, and sign his name thereto officially, and such certificate shall be prima
facie evidence that legal publication of such ordinance has been made. [66 v.
166, § 101.]
SEC. 1697. [Mode of publication.] In a corporation in which there is
no newspaper published, publication of an ordinance may be made by posting
up copies of it at not less than five of the most public places in the corpora-
tion, for a period of not less than fifteen days prior to the taking effect of such
an ordinance; and the clerk shall make a certificate of such posting, and the
times when, and places where done, in the manner provided in the preceding
section; and such certificate shall be prima facie evidence that the copies were
posted up as required. [66 v. 166, § 102; (S. & S. 797).]
SEC. 1698. [Effect of non-publication.] It shall be deemed a sufficient
defense to any suit or prosecution under an ordinance, to show that no such
838
$1699.
ORDINANCES, ETC.: HOW ADOPTED. Tit. XII,Div.3,Ch.4.
publication or posting as herein required was made.
(S. & C. 1525).]
[66 v. 166, § 103,
SEC. 1699. [By-laws, ordinances, etc., as evidence.] The printed copies
of the by-laws or ordinances of a corporation, published under its authority,
and transcripts of any by-laws, resolutions, or ordinances, or of any act or
proceeding of a municipal corporation, recorded in any book, or entered on any
minutes or journal, kept under the direction of such corporation, and certified
by its clerk, shall be received in evidence, through the state, for any purpose
for which the original books, ordinances, minutes, or journals would be received.
[66 v. 166, § 104.
Proving the passage of an ordinance by a transcript of it certified by the city clerk is not erroneous: Ry.
Co. v. Ry. Co., 12 C. C. 367: 5 O. D. 643.
(1699-1) [Toledo book of ordinances; publication; when dispensed
with.] In cities of the third grade of the first class, whenever ordinances shall
be codified, re-arranged and published in book form, said publication in book.
form shall be taken and held to be in lieu of publishing the same in a news-
paper or newspapers according to law, and shall be a sufficient publication to
all intents and purposes, and the ordinance, or several ordinances, so published
in book form, under appropriate sections and chapters, shall be held the same
in law, as though they had been published in a newspaper or newspapers.
Provided, that any new ordinance so published, which has never been [pub-
lished] as provided by law, and which contains entirely new matter, shall be
published as hitherto required by law. [78 v. 124.]
Quære: Is this law made inoperative or superseded by ? (1699-3)
(1699-2) [Publication of ordinances in book form in Cleveland.]
In cities of the first class, second grade, whenever existing ordinances shall be
revised, amended, re-arranged, consolidated, indexed and published in book
form, said publication in book form shall be taken and held to be in lieu of
publishing the same in a newspaper as required by law, and shall be a suf-
ficient publication of such ordinances to all intents and purposes, and the
ordinance or several ordinances so published shall be held the same in law
as though they had been published in a newspaper as now required by law.
[79 v. 73.]
(1699-3) [Revised book of ordinances; publication: when dispensed
with.] Whenever in any city or village of this state existing ordinance[s] shall
be revised, amended, re-arranged, consolidated, indexed, and published in book
form, said publication in book form shall be taken and held to be in lieu of
publishing the same in a newspaper, as required by law, and shall be a sufficient
publication of such ordinance[s] to all intents and purposes, and the ordinance
or several ordinances so published shall be held the same in law as though
they had been published in a newspaper as now required by law. Provided,
that the new ordinances and changes made in existing ordinances by such revi-
sions, shall be prepared by the clerk, approved by the council, and published as
now provided by law for the publication of new ordinances. [82 v. 252.]
839
Tit. XII, Div. 4, Ch. 1. OFFICERS OF HAMLETS.
§§ 1700-1702.
FOURTH DIVISION. EXECUTIVE OFFICERS.
CHAPTER 1. OFFICERS OF HAMLETS.
CHAPTER 2.
CHAPTER 3.
CHAPTER 4.
CHAPTER 5.
OFFICERS OF CITIES AND VILLAGES.
ELECTION AND REMOVAL OF OFFICERS.
QUALIFICATION, OATH, AND BOND.
POWERS AND DUTIES.
SECTION
CHAPTER 1.
OFFICERS OF HAMLETS.
1700. Appointment of police officers; duties and
compensation to be prescribed by trustees;
removal; powers and duties of president; of
trustees.
1701. Bond of president, treasurer and marshal.
SECTION
1702.
1703.
Duties and fees of clerk and treasurer.
Marshal; fees and duties.
1704.
1705.
No compensation to trustees; exception.
As to incumbents, existing by-laws, etc.
For "an act to give preference of appointment or employment to honorably discharged
soldiers," etc. (85 v. 149), see ? (3107—48).
An officer defined: Shaw v. Jones et al., 4 N. P. 378; 6 O. D. 453.
SEC. 1700. [Appointment of police officers; duties and compensation
to be prescribed by trustees; removal; powers, compensation and duties
of president of trustees.] The trustees of hamlets shall have power to appoint
from the electors of said hamlet such other police officers as may be necessary;
and they shall, by proper by-laws, resolutions or ordinances, prescribe the duties
and compensation of the officers so appointed as well as said marshal, in addi-
tion to the duties now prescribed by law; and they may remove any such
appointed officer and appoint another at their discretion, and may remove said
marshal for good cause shown; and the president of the board of trustees shall
be a conservator of the peace throughout the corporation; and shall perform
the same duties and shall have the same jurisdiction and powers as are con-
ferred upon mayors of villages in all civil and criminal cases, and his proceed-
ings may be reviewed in the same manner; and he shall receive no compensa-
tion for his services, except such as is allowed for similar services to justices of
the peace. [93 v. 289; 90 v. 78; 77 v. 15; Rev. Stat. 1880; 73 v. 170, § 49.]
SEC. 1701. [Bond of president, treasurer and marshal.] The presi-
dent of the board of trustees, treasurer and marshal shall each give bond to
the corporation for the faithful performance of his duties, and each bond shall
be in such amount as the trustees may determine except that the bond of the
president of the board of trustees shall in no case be less than five hundred
dollars, and each bond shall be subject to the approval of said trustees, and
after being recorded in the office of the township clerk shall remain in their
custody; but if a trustee is principal in any such bond the duties with respect
to it shall be performed by the other trustees. [92 v. 84; 90 v. 79; 66 v. 159, § 58.]
SEC. 1702. [Duties and fees of clerk and treasurer.] The clerk shall
keep a full record of all the proceedings of the board of trustees, and shall
draw orders on the treasurer for the disbursement of moneys of the corpora-
tion only on the orders of the trustees; and he shall be entitled to the same
840
§§ 1703-1705.
OFFICERS OF HAMLETS.
Tit. XII,Div.4,Ch.1.
fees that township clerks are. The treasurer shall have custody of all moneys
of the corporation, and shall disburse the same only on orders signed by the
hamlet clerk and authorized by the trustees, and he shall be entitled to the
same fees that township treasurers receive. [90 v. 79; 66 v. 159, §58.]
SEC. 1703. [Marshal; fees and duties.] The marshal shall be the chief
of police, and have the powers of marshals in villages, and for his services as
such shall receive, in addition to any salary fixed by the trustees by ordinance,
the same fees, and be paid in the same manner as marshals in other municipal
corporations for like services, and for his services when he acts as supervisor, in
which office he shall act under the direction of the trustees, he shall be paid
out of the proper hamlet treasury, or treasuries, the same compensation allowed
to other supervisors, and where the offices of marshal and supervisor are sepa-
rated, the supervisor shall perform his duties, be paid in the same manner and
receive the same compensation as is provided in the first part of this section for
the marshal when acting as supervisor. [1889, April 12: 86 v. 251, 252; 77 v.
15; Rev. Stat. 1880; 66 v. 159, § 55.]
SEC. 1704. [No compensation to trustees; exception.] The members
of the board of trustees, in their capacity as such, or as trustees, shall receive
no compensation, except in counties containing a city of the second grade of
the first class, where each trustee shall receive fifty dollars a year for his
services as trustee, to be paid out of the hamlet treasury. [92 v. 406; 66 v.
159, § 55.]
SEC. 1705. [Time incumbents to remain in office, and by-laws, etc., to
remain in force.] Trustees and officers of incorporated villages for special
purposes, shall continue in office as trustees and officers of the proper hamlets
until their successors are elected and qualified; and all by-laws, resolutions, and
ordinances of such incorporated villages for special purposes, whether originally
adopted by them, or by special road districts, shall remain in force as the
by-laws, resolutions, and ordinances of the proper hamlets, until repealed.
[66 v. 159, § 57.]
841
Tit. XII.
OFFICERS OF CITIES, ETC.
Div. 4, Ch. 2.
SECTION
1706. Officers of villages.
CHAPTER 2.
OFFICERS OF CITIES AND VILLAGES.
1707. Cities of second class, second class third grade;
officers.
1707-1. Street commissioners in Akron and Urbana.
1707-2. Compensation.
1707-3. Statute superseded.
1707a. Repealed.
17076. Officers of city of Akron; police court and its
officers.
1707c(1). Repealed.
1707c(2). Officers of the city of Lima.
1707d. Officers of Dayton.
1707d-1. Board of city affairs; appointment; term,
etc.
1707d—2. Bond and oath.
1707d-3. Duty; salary; officers.
1707d-4. Exclusive powers and duties.
1707d-5. Employes; compensation; removals.
1707d-6. Meetings; vote.
1707d-7. Records; copy as evidence.
1707d-8. President and clerk.
1707d-9. Contracts and purchases; payment in as-
sessments and actions thereon; equal
bids; collusion.
1707d-10. Proceeding when assessments to be made.
1707d-11. Garbage, cleaning of streets, etc.
1707d-12. Execution of contracts.
1707d-13. Provisions of the Revised Statutes made
applicable.
1707d-14. Annual estimates to be made and provided
for in tax.
1707d-15. Annual estimates of money needed and
taxes to be levied.
1707d-16. Revision of Department estimates.
1707d-17. Approval or rejection of tax levy.
1707d-18. Anticipation of levy.
1707d-19. Limitation of appropriations and con-
tracts; transfer of funds.
1707d-20. Approval of ordinances, contracts, etc.
1707d-21. Approval of plats; penalty for recording
unapproved.
1707d-22. Salaries.
1707d-23. Removals.
1707d-24. City comptroller: term; bond; salary.
1707d-25. Records and documents; auditor abol-
ished.
1707d-26. Powers and duties of comptroller.
1707d-27. Payment of claims.
1707d-28. Fiscal year; annual report.
1707d-29. Annual financial statements.
1707d-31. Seal.
1707d-32. City solicitor.
1707d-30. Assistants; absence a disability.
1707d-33. Term; vacancies.
1707d-34. Civil engineer.
1707d-35. Repealed.
1707d--36. Creation of liability.
1707d-37. Interest in contracts, etc.
1707d-38. Investigation in such cases.
1707d-39. Member not to sit in his own investiga-
tion; dismissal if guilty.
1707d-40. When contract void.
1707d-41. Contractor's statement as to any.
1707d-42. Alterations of contract.
1707d-43. Allowance for extra.
1707d-44. Improvement must be recommended.
1707d-45. Also grants in streets.
1707d-46. Mayor's clerk in Dayton.
1707d-47. Dayton garbage, night soil and offal con-
tracts.
1707d-48. Crematories.
1707d-49. Bonds therefor.
1707d-50. Tax for bonds.
1707d-51. Tax for crematory.
1707e. Springfield officers; mayor ineligible for re-
election.
SECTION
1707f. Officers of the city of Portsmouth.
1707f-1. Chief of police.
1707f-2. Board of public affairs; appointment.
1707-3. Officials to qualify according to Chapt. IV,
Div. 4, Tit. XII, R. S.
1707f-4.
Who ineligible on board; removal of mem-
ber.
1707f-5. Compensation of mayor and members of
board.
1707f-6. Organization of board; clerk; number of
meetings; passage of resolutions, etc.
1707f-7. Board to have exclusive care of streets, etc.
1707-8. Board to have powers of park commis-
sioners.
1707f-9. Board to have powers of cemetery trustees.
1707f-10. Board to have powers of council as to
public halls.
1707f-11. Board to have powers of platting com-
mission.
1707f-12. Board to have powers of board of health.
1707f-13. Board to have powers of hospital commis-
sioners.
1707f-14. Board to have powers of commissioners of
sewers.
1707f-15. Board to have powers as to nuisance.
1707f-16. Board to have powers as to insecure build-
ings.
1707f-17. Board has powers as to water-works trust-
ees.
1707f-18. City civil engineer.
1707-19. As to improvements, the cost of which de-
rived from assessments.
1707f-20. Bids.
1707-21. Member or employe not to create liability:
not to be interested in contracts.
1707ƒ-22. Alterations, etc., in prosecution of work.
1707f-23. Council to pass no resolution or ordinance,
.except.
1707-24. As to work no part of which is to be paid
by assessment; removal of members of
board; as to contracts for advertisements;
board to furnish detailed estimate.
1707f-25. As to police force and city prison.
1707f-26. Police force.
1707f-27. Same.
1707f-28. Police fund; city prison.
1707f-29. Fire department.
1708. Officers of cities of the first class.
1708a. Officers of Cincïnnati.
1708b. Supervising accountant in Toledo.
1708c. Improved system for keeping accounts.
1709. Terms of officers.
1709a. Terms in Cincinnati; vacancies; mayor in-
eligible to re-election; offices abolished;
salaries; disposition of fees, etc.
17096. Terms in Cincinnati.
1710. Additional officers.
1711. Appointment of officers, except as herein pro-
vided, to be made by mayor with consent
of council.
1712. Additional duties.
1713. Vacancies; Cincinnati; incumbents to serve
till successors qualified.
1714. As to special election where office is created.
1715. Removal a resignation, when.
1716. Fees, etc., when fixed by council.
1717. Change in fees, effect of.
1718. Election of assessors.
1718a. Assessors in certain cities shall appoint assist-
ants; bond and oath.
17186(1). Repealed.
17186(2). Assessors in Cincinnati.
1718c. Assessors in Springfield and Pourtsmouth.
1719. Election of justices of the peace and con-
stables.
1719a. Repealed.
842
S$ 1706-1707.
OFFICERS OF CITIES, ETC.
Tit. XII,Div.4,Ch.2.
1
SECTION
1720. Board of revision; its powers and duties.
1720a. Power to prescribe system of accounting.
17206. Effect of prescribing system; penalty for re-
fusal to adopt.
1720c(1). Board of Review in Cincinnati given certain
powers.
1720c(2). Suspension of officers in Toiedo.
1720-1. Tiffin and Fostoria boards of revision; com-
pensation; vacancies.
1720-2. Organization; duty to investigate acts of
city officers; stenographer; reports and
recommendations.
For "
!
SECTION
1720-3. Power to send for persons and papers, en-
force attendance, etc.
1720-4. Ineligibility to membership.
1720-5. Subpoenas and depositions.
1720-6. Grand jury to have report.
1721. Oath, bond, etc., of county treasurers; exami-
nation of funds.
1721-1. Cleveland board of examiners.
1721-2. Compensation.
1722. Official board not to appoint one of its mem-
bers to office.
+
an act to provide for the relief of indigent soldiers," etc., (83 v. 232), see:
? (3107-50) et seq.
Officers to afford relief to poor, see 1491. Settlement of same, see? 1493.
How officers to be notified to visit persons needing relief; removing foreign persons
to their own county, see ?? 1494, 1495 and 1496.
An officer defined: Shaw v. Jones et al., 4 N. P. 378; 6 O. O. D. 453.
SEC. 1706. [Officers of villages.] The officers of a village shall consist
of a mayor, clerk, sealer of weights and measures, treasurer and marshal, and
the council may, when in its opinion expedient, create by ordinance the offices
of solicitor and street commissioner, or when no territory is attached to a
village for road purposes, may provide by ordinance that the marshal shall in
addition to his duties prescribed by law perform the duties of street commis-
sioner; and all officers shall be elected by the electors of the village, except
when territory is attached for road purposes, the street commissioner, [who]
shall be elected by the electors of said village and the territory thereunto
attached for road purposes, and for said elections of street commissioner the
council shall provide a separate ballot-box and poll books, and the judges of
said municipal election shall act as judges, and the clerks of said municipal
election shall act as clerks of the election of street commissioner; provided,
that in villages divided into wards or election precincts the council shall appor-
tion the territory so attached to the several wards or election precincts. [1882,
March 3: 79 v. 75; 78 v.46; Rev. Stat. 1880; 66 v. 160, §59.]
The act of March 3, 1882 (79 v. 75), is exactly similar to the act of March 3, 1882 (79
v. 29).
For"
an act combining the office of marshal and street commissioner in McArthur,
see ? (1847-3).
Mt. Victory.-City solicitor may be appointed, 88 v. 435.
St. Paris. Street commissioner appointed by mayor with approval of council, 91
v. 787.
SEC. 1707. [Cities of the second class; cities of second class, third
grade; council may create additional offices; marshal; councils of certain
cities may abolish certain offices.] The officers of a city of the second class,
except in cities of the second grade of the second class, shall consist of a mayor,.
a marshal, except as hereinafter provided, a city solicitor, a city commissioner,
who shall be superintendent of streets and highways, a treasurer, except as pro-
vided in section seventeen hundred and eight, all of which officers shall be
chosen by the electors, except as hereinafter provided, and a clerk, who shall
be chosen by the council; and in cities of the third grade of the second class
there shall also be a police judge, prosecuting attorney of the police court and
clerk of the police court, which officers shall be chosen by the electors thereof;
and the council may, when in its opinion expedient, create by ordinance the
office of auditor, civil engineer, sealer of weights and measures, fire engineer
and superintendent of markets, and provide for their election or appointment,
and compensation; provided, that the provisions as to marshal shall be subject.
to the provisions contained in the fourth subdivision of chapter five, of the
fifth division of this title; and provided further, that in cities of the third
grade of the second class, the council may, when in its opinion expedient,
abolish by ordinance the office of marshal; and provided further, that in cities
of the fourth grade a of the second class, and in all cities of the fourth grade
843
Tit. XII, Div.4, Ch.2.
OFFICERS OF CITIES, ETC.
§ (1707—1).
of the second class, the council may, when in its opinion expedient, abolish
by ordinance the office of marshal, and by ordinance create the office of the
chief of police. [93 v. 169; 91 v. 236; 87 v. 67; 84 v. 218; 84 v. 26; Rev. Stat.
1880; 67 v. 68, § 60; 58 v. 70.]
By 29 of the act of 1887, March 16 (84 v. 102, 105), the treasurer of every city of the
third grade, first class, and third grade, second class, is obliged to give bond as the custo
dian of the firemen's pension fund, see (2477-59).
For "an act defining the duties of engineers in the construction of public roads" (86
v. 120), see ? (3231-1) et seq.
As to Akron and Urbana, see ? (1707—1) and ? (1707—2) et seq. As to Columbus, also
see? (1545-166) et seq.
Middletown.-Marshal abolished, 90 L. L. 36.
Washington.-Marshall, city commissioner and city solicitor abolished, 90 L. L. 131.
Board of control in Hamilton successor of, exercises powers of, see ? (1545-290).
See State v. Squire, 39 O. S. 200.
See note to State v. Brady, 42 O. S. 504, under 1709.
Cited in State ex rel. v. Anderson, 45 O. S. 196.
The act of 1887, February 17 (84 v. 26), contains the following sections, which are not repealed by the
act of 1887, March 21 (84 v. 218), but are now repealed, 93 v. 64.
"SEC. 2. [Certain ordinances, etc., of council not affected hereby.] That said sections 1707 and 1785, as amended
February 27, 1885, sections 1804 and 1808, as amended April 6, 1886, and sections 1812 and 1813 of the Revised
Statutes of Ohio, be and the same are hereby repealed; provided, that all by-laws, ordinances and resolu-
tions, lawfully passed and adopted by the council, before the passage of this act, and not inconsistent with
this act and title XII, part first of the Revised Statutes, shall remain in force until altered or repealed by the
council.
SEC. 3. [Nor the term of marshals in office; time of election of officers of police court; vote of the people on question
of establishing police court: how provided for by council.] Any ordinance abolishing the office of marshal as pro-
vided in section 1707 shall not effect [affect] the term of office of any marshal who may have been elected before
its passage; and provided further, that in cities of the third grade of the second class, no such police judge,
prosecuting attorney of the police court, or clerk of the police court, shall be elected until the first regular
municipal election after the special election, herein provided for, at which a majority of the electors voting
at such special election shall vote in favor of a police court; and the council of any city of the third grade of
the second class shall, when in its opinion advisable, provide for and call, by resolution, a special election,
to be held at the usual places of holding elections, not less than twenty days before a regular municipal elec-
tion at which a mayor is to be elected, of the time of holding which special election ten days' notice shall be
given by publication in one or more newspapers of general circulation in the corporation, and at which the
electors who favor the election of a police judge, prosecuting attorney of the police court and clerk of the
police court, shall have printed on their ballots the words, police court, yes,' and those who oppose the
election of such officers shall have written or printed on their ballots the words, 'police court, no.
(1707-1) [Street commissioner in Akron and Urbana.] In cities of
the second class, third grade which at the federal census of 1890 had, or at
any subsequent federal census shall have a population of not less than 27,590,
nor more than 27,720 and cities of the second class, fourth grade which at
the federal census of 1890 had, or at any subsequent federal census shall have,
a population of not less than 6,490, nor more than 6,515, the office of street
commissioner is abolished; and in lieu thereof there is created the office of
street superintendent. The said street superintendent shall be appointed by
the council or a majority thereof. He shall be appointed for such time not
to exceed one year, as the council may see proper, and may be removed from
office at any time a majority of the council may by vote, determine upon;
and his successor appointed as herein provided. [88 v. 279, 256.]
These acts (88 v. 256 and 279) were held never to have been passed by either house and to be void: State
21. Price, 8 C. C. 25 ; 1 O. D. 295.
(1707-2) [Compensation.] He shall receive such compensation as
may be agreed on by the council. He shall be under the control and direction
of the street committee of the council and shall make reports to the council
at such times as it may require. [88 v. 279, 256.]
(1707-3) [Statute superseded.] Section 1707 of the Revised Statutes
in so far as the same conflicts with this act shall be held void, as well as all
other sections or acts which may be found to conflict with this act. And this
act shall take effect and be in force on and after the 6th day of April, 1891.
[88 v. 279, 256.]
SEC. 1707a. [Officers of city of Hamilton.] [Repealed, 93 v. 504; 88
v. 233; 83 v. 33; 82 v. 78.]
SEC. 1707b. [Officers of city of Akron; police court and its officers.]
The officers of cities of the second class and third grade, having a population
844
§ 1707c (1).
OFFICERS OF CITIES, ETC. Tit. XII, Div. 4, Ch. 2.
at the last federal census of sixteen thousand five hundred and twelve,
and no more, shall consist of a mayor, solicitor, marshal, a city commissioner,
who shall be superintendent of streets and highways, and a treasurer, except
as otherwise provided by law, and a police judge, all of which officers shall be
chosen by the electors of such cities; a clerk who shall be chosen by the coun-
cil of such cities; a prosecuting attorney of the police court and a clerk of the
police court, who shall be appointed by the mayor, by and with the consent
and approval of the city council; and the council may, when in its opinion
expedient, create, by ordinance, the office of auditor, civil engineer, sealer of
weights and measures, fire engineer, and superintendent of markets, and pro-
vide for their election or appointment, and compensation. The jurisdiction of
said police judge, and the duties of said police judge, clerk, and prosecuting
attorney shall be the same, as far as applicable, as those prescribed for said
officers in Chapter 1, Division 5, Title 12, [of Part First] of the Revised Statutes;
provided, that at the first election for police judge held under this act, he shall
be elected to serve until the election and qualification of a successor, which
successor shall be elected at the regular municipal election of 1887, and there-
after the term of office of said police judge shall be the same as prescribed in
section one thousand seven hundred and nine; and provided, further, that nothing
herein shall affect the term of office of any officer or officers of said cities of the
second class, who shall have been elected and qualified at the time of the
passage of this act. [1886, March 26: 83 v. 43.]
Qu.: Repealed by ? (1545-268).
The act of March 26, 1886, supplementary to 1707, Revised Statutes (83 v. 43), is invalid, for the reason
that the act is special and not general; and because the act confers corporate powers, it is in violation of 21,
Art. XIII, of the Constitution: State ex rel. v. Anderson, 44 O. S. 247.
SEC. 1707c(1). [Election of solicitor by council; term. 84 v. 218,
219, repealed March 18, 1890. 87 v. 76.]
There are two sections numbered 1707c, relating to different subjects.
SEC. 1707c(2). [Officers of the city of Lima.] The officers of cities of
the second class and fourth grade, having a population at the last federal census
of seven thousand five hundred and sixty-seven, and when said cities already
have an organized police, shall consist of a mayor, solicitor, a city commis-
sioner, who shall be superintendent of streets and highways; and a treasurer
except as otherwise provided by law, all of which officers shall be chosen by the
electors of said cities; and a clerk who shall be chosen by the council of such
cities; a chief of police, who shall be appointed by the mayor, subject to the
approval and confirmation of the council of such cities, whose term of office
shall be one year, and shall commence on or before the first Monday of March
of each year; and the council may, when in its opinion it deems it expedient,
create, by ordinance, the office of auditor, sealer of weights and measures, fire
engineer, civil engineer, superintendent of markets, and provide for their
election or appointment and compensation; provided that all duties hereto-
fore imposed upon the marshal by law or ordinance, shall devolve upon and
be performed by said chief of police, who shall be subject to the provisions
contained in section two thousand and eight of the Revised Statutes and whose
salary or compensation shall be fixed by the council. [1888, March 28: 85 v.
125.]
DAYTON.
As to sewers in Dayton, see ? (2406-40) et seq.
SEC. 1707d. [Officers of Dayton.] The officers of a city of the second
grade of the second class shall consist of a mayor, a treasurer, except as provided
in section 1708, both of which officers shall be chosen by its electors, and a
clerk who shall be chosen by the council; four members of the board of city
affairs, who shall be appointed as hereinafter provided; a city solicitor, a city
comptroller, a city civil engineer, a superintendent of markets and a sealer of
845
Tit. XII, Div. 4, Ch. 2. OFFICERS OF CITIES,
ETC.
§1707d-1.
weights and measures, which officers shall be appointed by the board of city
affairs. [89 v. 101; 87 v. 68.]
SEC. 1707d-1. [Board of city affairs: appointment; term, etc.] The
board of city affairs in cities of the second grade of the second class shall, in the
first instance, be appointed by the board of tax commissioners of such city, one
member for one year, one member for two years, one member for three years
and one member for four years, from the date of such appointments respective-
ly, and no more than two members of such board of city affairs shall at any
time be members of the same political party, and within thirty days before
the expiration of the term of office of any member of such board, the mayor
of such city shall appoint his successor, with the approval of the council of
such city, who shall serve for a term of four years, and in case of a vacancy
occurring in such board from any cause, the mayor in like manner shall ap-
point a member to fill such vacancy for the unexpired term. [89 v. 102; 87
v. 68-76.]
SEC. 1707d-2. [Bond and oath.] Each member of such board of city
affairs shall give bond, with at least four sureties, who shall be residents and
freeholders of such city, to the satisfaction of the mayor, in the sum of twenty
thousand dollars, conditioned for the faithful performance of his duties, and
shall take and subscribe an oath of office which shall be indorsed on his bond,
to support the constitution of the United States and of the state of Ohio, and
in all his official actions and judgments to aim only to secure and maintain an
honest and efficient administration of public affairs. [89 v. 102; 87 v. 68–76.]
SEC. 1707d-3. [Duty, salary, offices.] The members of the board of
city affairs shall devote their entire time and attention to the duties of the
office, and shall each receive a salary of three thousand dollars per annum,
payable in monthly installments, and no expenses or other compensation shall
be allowed; and the board of city affairs may occupy such portion of the city
building of any such city as they may deem necessary for their use. [89 v.
102; 87 v. 68-76.]
The board of city
SEC. 1707d-4. [Exclusive powers and duties.]
affairs of a city of the second grade of the second class is hereby authorized
and shall have the exclusive care, management and control of all the property
of such city of every kind and description, and shall have exclusive power to
improve, construct, keep in order, and repair, clean and light streets, lanes,
alleys, avenues, sidewalks, gutters, parks, public grounds and buildings,
wharves, landing places, bridges, market-houses and market-places and spaces,
within the corporation and under the control of such city, levees, sewers,
drains, culverts, streams and watercourses, and to provide for the removal of
ashes and garbage. Such board of city affairs shall be the successor of the
board of city commissioners in any such city and is hereby invested with all
the powers and authority heretofore conferred on such board or [of] city
commissioners. [89 v. 102; 87 v. 68-76.]
SEC. 1707d-5. [Employees; compensations; removals.] The board.
of city affairs may employ such superintendents, engineers, clerks, laborers
and other persons as it may deem proper for the execution of its duties and
powers, and fix their salaries and compensation; and any such person may
be removed by the board at any time. [89 v. 103; 87 v. 68–76.]
SEC. 1707d-6. [Meetings, vote.] Said board shall hold not less than
four regular meetings each week, and three members shall constitute a quorum
for the transaction of business; the ayes and nays shall be called and entered
on the journal upon the passage of every resolution or order of any kind;
and no resolution or order shall be valid unless three votes are recorded in its
favor. [89 v. 103; 87 v. 68-76.]
846
$ 1707d-7.
OFFICERS OF CITIES, ETC.
Tit. XII, Div. 4, Ch. 2.
SEC. 1707d-7. [Records; copy as evidence.] Said board shall keep
a complete record of all its proceedings, and a copy from its record, certified by
the comptroller, shall be competent evidence in all courts. [89 v. 103; 87 v.
68-76.]
SEC. 1707d-8. [President and clerk.] The member of such board
having the shortest term to serve shall be the president thereof, and the city
comptroller shall serve as clerk of said board as a part of his duty. [89 v. 103;
87 v. 68-76.]
SEC. 1707d-9. [Contracts and purchases; payment in assessments
and actions thereon; equal bids; collusion.] When the board deems it
advisable to make a contract for the execution of any work or the purchase of
material for the matters under its charge, they shall cause to be made a careful
estimate of the cost of such work or material, and when such estimate exceeds
the sum of five hundred dollars the board shall proceed as follows:
1st. It shall advertise for bids for the period of two weeks, or if the esti-
mated cost exceeds five thousand dollars, four weeks, in two newspapers of
opposite politics, published in the corporation, and in one newspaper published
in the German language, if there be such paper printed and of general circu-
lation in such corporation.
2d. The bids shall be filed with the city comptroller sealed up, at twelve
o'clock at noon, on the last day as stated in the advertisement.
3d. The bids shall be opened at twelve o'clock at noon, on the last day
for filing the same, by the city comptroller, a member of the board of city
affairs and the city civil engineer, or any two of them, and publicly read by
the officer opening the same, and filed in the office of the city comptroller, and
shall be by the city comptroller reported at the next regular meeting of the
board thereafter.
4th. Each bid shall contain the full name of every person interested in
the same, and shall be accompanied by a sufficient guaranty of some disinter-
ested person that if the bid is accepted a contract will be entered into and the
performance thereof properly secured.
5th. If the work bid for embraces both labor and material they shall be
separately stated, with the prices thereof.
6th. None but the lowest responsible bid shall be accepted, when such bids
are for labor and material; provided, that when the character of the material
of the improvement has not been determined upon before the bids are received,
the lowest responsible bid for the improvement with the material determined
upon after bids have been received, shall be accepted; but the board may at
its discretion accept any bid for both labor and material, which may be the
lowest aggregate cost of such improvement or repairs.
7th. The contract shall be between the corporation and the bidder, and
the corporation shall pay the contract price for the work in cash; provided,
however, that the contract price may be paid in assessments, as the board in
its discretion may have previously determined; and suits to recover or enforce
such assessments may be brought in the name of the corporation.
8th. If two or more bids are equal in the whole or any part thereof, and
are lower than any others, either may be accepted; but in no case shall the
work be divided between them.
9th. When there is reason to believe that there is collusion or combination
among the bidders or any number of them, the bids of those concerned therein
shall be rejected. [89 v. 103; 87 v. 68-76.]
SEC. 1707d-10. [Proceedings when assessments to be made.] In
any case where assessments are to be made for the improvement, the board
shall transmit to council with its recommendation, a resolution or ordinance,
as the case may be, declaring the necessity of such improvement, or providing
847
"Tit. XII,Div. 4, Ch. 2. OFFICERS OF CITIES, ETC.
§ 1707d-11.
therefor, and at the same time shall submit to council an estimate of the cost
thereof. Upon the passage by council of the resolution or ordinance, or both
where both are required to be passed, it shall be the duty of the board to adver-
tise for proposals in accordance therewith, for a period of at least ten days in
two newspapers of opposite politics and of general circulation in such city,
and in one newspaper published in the German language, if there be such
paper printed and of general circulation in such city, to do the work or fur-
nish the material required, or both, and the board shall award the contract to
the lowest responsible bidder, or reject all bids; but no contract shall be
awarded to any bidder, the cost of which shall exceed the estimate submitted
to council. [91 v. 429; 89 v. 104; 87 v. 68-76.]
SEC. 1707d-11. [Garbage, cleaning of streets, etc.] The board may,
at any time, when, in their judgment, the best interests of the city will be
subserved, advertise for proposals for the removal of ashes, garbage and dead
animals, and for the cleaning of the streets, avenues, alleys, lanes, sewers,
drains, culverts, streams and water-courses of the corporation and under the
control of the city; when the board determines to contract for such removal
or cleaning, it shall advertise for sealed proposals to perform the work, in some
newspaper of general circulation within said city, for a period of ten days, and
shall contract with the lowest responsible bidder to perform said contract; and
for the faithful performance of the same shall demand such security as in its
judgment it shall deem proper, or may reject any or all of such proposals or
bids. [89 v. 104; 87 v. 68-76.]
SEC. 1707d-12. [Execution of contracts.] The presiding officer of
the board shall execute all contracts, attested by the city comptroller and under
his seal, in the name of the city, and file them in the office of the board. [89
v. 104; 87 v. 68–76.]
Right to contract for removal of garbage, offal, night-soil and for the erection of gar-
bage crematories, see? (1707d-47) et seq.
SEC. 1707d-13. [Provisions of Revised Statutes made applicable.]
Sections twenty-two hundred and seventeen, twenty-two hundred and eigh-
teen, twenty-two hundred and nineteen, twenty-two hundred and twenty,
twenty-two hundred and twenty-one, twenty-two hundred and twenty-two,
twenty-two hundred and twenty-four, twenty-two hundred and twenty-five,
twenty-two hundred and twenty-six, twenty-two hundred and twenty-seven,
of the Revised Statutes of Ohio, are hereby made applicable to cities of the
second grade of the second class, as though said sections were in this act
repeated. [87 v. 68-76.]
SEC. 1707d-14. [Annual estimates to be made and provided for in
tax.] The board shall prepare and submit to the city council, on or before the
first Monday in April, in each year, an estimate of the cost and expenses, and
the amount of taxes necessary to be levied on the tax duplicate, subject to the
limitations prescribed in sections twenty-six hundred and eighty-two and
twenty-six hundred and eighty-nine a, of the Revised Statutes, for the current
fiscal year, for the general purposes of the corporation, for sanitary and street
cleaning purposes, for street improvements and repairs, for constructing levees
and embankments and keeping the same in repair, for constructing and main-
taining bridges, for the erection and repair of market houses and for lighting,
watching, and cleaning the same, for erecting, enlarging, improving and repair-
ing halls and public buildings, and for lighting, watching and cleaning the
same, for lighting the corporation, for grounds for cemeteries and park pur-
poses, inclosing, improving, embellishing, enlarging, and keeping the same in
repair, for the construction and repair of sewers, drains and ditches, and for
848
§ 1707d-15.
OFFICERS OF CITIES, ETC.
Tit. XII, Div. 4, Ch. 2.
removing ashes and garbage; and council shall provide for the same in the
general tax assessment in accordance with such estimate. [87 v. 68–76.]
SEC. 1707d-15. [Annual estimate of money needed and taxes to be
levied.] The board of city affairs shall furnish to the city council on or before
the first Monday in April of each year, the following statements:
1st. A statement containing an approximate and detailed estimate of the
money needed to pay all lawful expenses of the city and its several depart-
ments, officers and institutions, for the current fiscal year; and in calculating
the amount of money needed, they shall take into account the money then in
the treasury, as well as that collectible in June following, and also the prob-
able proceeds from the tax levy of that year, as they shall estimate the same as
hereinafter required, and all other sources of revenue to the city. They shall
be equally careful to avoid surpluses and deficits, and shall treat as means
available for the current expenses the June and December collections, as soon
as under the law and usages they have a right to presume them to be in
the treasury, without waiting for their subsequent distribution to the respect-
ive funds.
2d. A statement estimating the total percentage they deem necessary to be
levied in that year, so as to provide sufficient means for paying the city ex-
penses for the current year, and they shall also report in said statement to what
funds and in what proportions said total levy should, in their opinion, be ap-
portioned as general and special levies; and the board of city affairs is hereby
authorized to call upon any city officer for such information as they may
deem necessary to the discharge of their duties, and it is made the duty of
such officers to furnish the information required. [89 v. 105; 87 v. 68-76.]
SEC. 1707d–16. [Revision of department estimates.] In all cities
of the second grade of the second class, to enable the board of city affairs to
estimate correctly the levies and apportionments, as provided in the preceding
section, all city officers and heads of departments shall report to the board of
city affairs on or before the first Monday of March in each year, the amount
of money needed for their respective wants for the ensuing year, and the board
of city affairs shall revise such estimates as they deem proper, and shall reduce
them so as to prevent unnecessary expenditure. [89 v. 105; 87 v. 68-76.]
SEC. 1707d-17. [Approval or rejection of tax levy.] On or before
the tenth day of May of each year the council shall determine the per-
centage to be levied for the several purposes allowed by law upon the real
and personal property in the corporation returned on the grand levy, and
forthwith submit the same to the board of city affairs; within ten days after
such submission the board shall return the same to the council with their ap-
proval or rejection, and the board may approve part and reject part; in case
of rejection the reason shall be given; the parts rejected by the board shall not
become valid levies. [89 v. 105; 87 v. 68-76.]
SEC. 1707d-18. [Anticipation of levy.] The board of city affairs
may anticipate the tax authorized to be levied for street cleaning purposes,
street improvement, and for general revenue purposes, by temporary loans;
but no loan, including the interest thereon, shall be made in excess of the
gross amount of revenue raised by taxation for expenditure for such purposes
during the then current year; and the taxes so anticipated, when paid into
the treasury, shall be first applied to the payment of such loan. [89 v. 105;
87 v. 68-76.]
SEC. 1707d-19. [Limitation of appropriations and contracts; trans-
fer funds.] The board of city affairs shall not make any appropriations nor
contract debts or obligations for either of the purposes specified in the tax
levy, as provided in section 1707d-15, exceeding the amount of taxes and
849
Tit. XII, Div. 4, Ch. 2. OFFICERS OF CITIES, ETC.
§ 1707d-20.
revenue from other sources for the current year received for such purposes;
and the money belonging to one fund shall not be transferred to another, nor
be used for any purpose except for which it was collected or received. [89 v.
106; 87 v. 68–76.]
SEC. 1707d-20. [Approval of ordinances, contracts, etc.] No res-
olution or ordinance recommended to and amended in council shall take effect
until approved by the board of city affairs; and no resolution or order involv-
ing the expenditure of money, or ordinance, order or resolution for the ex-
penditure of money, no contract for the expenditure of money, or for the
granting or extension of any franchise, or creating any right, or for the pur-
chase, lease, sale or transfer of property, which shall have passed council,
shall take effect until approved by the board; and for such final approval
every such ordinance, order, resolution or contract shall be submitted to the
board. [89 v. 106; 87 v. 68-76.]
SEC. 1707d-21. [Approval of plats; penalty for recording unap-
proved.] All plats or maps of lots of ground in cities of the second grade of
the second class, shall be approved by the board of city affairs before being ap-
proved by the council; and any county recorder who records such map or plat
without having the approval of the board of city affairs indorsed thereon shall
be guilty of an offense and be fined in any sum not exceeding five hundred
dollars. [89 v. 106; 87 v. 68-76.]
SEC. 1707d-22. [Salaries.] The board of city affairs shall fix the
salary and compensation of all officers and appointees of cities of the second
grade of the second class, not otherwise provided for, and shall forthwith
transmit a statement thereof to council. [89 v. 106; 87 v. 68-76.]
SEC. 1707d-23. [Removals.] A member of the board of city affairs
may be removed from office for incompetency, neglect of duty or unfaithful-
ness of trust by a vote of three-fourths of the members elected to the council.
[89 v. 106; 87 v. 68–76.]
SEC. 1707d-24. [City comptroller; term; bond; salary.] The city
comptroller shall be appointed for two years, and before entering upon the
duties of his office shall give bond to the satisfaction of the board of city af-
fairs, in a sum of not less than ten thousand dollars, conditioned for the faithful
performance of his duties, and he shall receive such salary, payable monthly,
as the board may determine. [89 v. 106; 87 v. 68-76.]
SEC. 1707d-25. [Records and documents; auditor abolished.]
Upon the appointment of the city comptroller, he shall take possession of,
when duly qualified, all records, books, papers, vouchers and documents in his
possession pertaining to his office, and thereupon the office of city auditor
shall be abolished. [89 v. 106; 87 v. 68-76.]
SEC. 1707d-26. [Powers and duties of comptroller.] The city comp-
troller shall have power to administer oaths and take affidavits, and such
other powers and perform such other duties as may be prescribed by law or by
ordinance, not incompatible with the nature of his office; he shall be general
accountant of the city, and shall receive and preserve in his office all books,
bonds, deeds, leases, contracts, vouchers, documents, plats and papers relating
to the property, revenues, debts and credits of the city, and the same shall be
subject to the inspection of all persons interested; he shall keep regular books
of account, showing the transactions of the city with individuals, and the con-
dition of its fiscal affairs; he shall open an account with the city treasurer,
in which he shall charge said treasurer with the whole amount of the taxes
collected, together with all sums derived from other sources, and shall credit
him with all orders properly drawn upon and paid by him, which account
55
850
§ 1707d-27.
OFFICERS OF CITIES, ETC. Tit. XII, Div. 4, Ch. 2.
shall be settled semi-annually on the first day of March and September, and
oftener if required by the board of city affairs. [89 v. 107; 87 v. 68-76.]
SEC. 1707d-27. [Payment of claims.] No claim against the corpora-
tion shall be paid by the treasurer except upon the warrant of the city comp-
troller, countersigned by the president of the board of city affairs, and all
boards of trustees, directors or commissioners, having charge of the expendi-
tures of city funds, except the board of police directors, the board of fire com-
missioners, and water-works trustees, shall certify claims against their re-
spective departments to the city comptroller for payment; but no warrant
shall be drawn for any bill or claim against the city until properly approved,
and unless there be money actually in the treasury to pay the same. [89 v.
107; 87 v. 68–76.]
SEC. 1707d-28. [Fiscal year; annual report.] The fiscal year of the
city comptroller shall commence on the first day of March, and on or before the
third Monday of March of each year he shall make and report to the board of
city affairs and the council, an account of the receipts and expenditures of the
city for the preceding fiscal year, stating whence the money was received, for
what purposes expended, and the exact condition of the several funds, with
the indebtedness of the city. [89 v. 107; 87 v. 68-76.]
SEC. 1707d-29. [Annual financial statements.] The city comptroller
shall furnish to the board of city affairs and the council, on or before the third
Monday of April of each year, the following statements:
1st. A statement showing the balance standing to the credit or debit of
the several funds on the city balance-sheet at the end of the last fiscal year,
immediately preceding the first Monday in April.
2d. A statement showing the monthly expenditures out of each fund in
the twelve months, and the monthly expenditure out of all the funds in the
twelve months of the fiscal year preceding said first Monday in April.
3d. A statement showing the annual expenditure from each fund for each
year for the five fiscal years preceding said day. [89 v. 107; 87 v. 68-76.]
SEC. 1707d-30. [Assistants; absence or disability.] The board of
city affairs may appoint necessary assistants to the city comptroller, fix their
compensation and require them to give bond for the faithful performance of their
duties; and in the absence or disability of the city comptroller, the board may
appoint some person to perform the duties of his office. [89 v. 109; 87 v. 68.]
SEC. 1707d-31. [Seal.] The board of city affairs shall provide for the
city comptroller's office à seal, having in the center the name of the corpora-
tion and around the margin the words "city comptroller," which seal shall
be affixed to all transcripts, orders, certificates, warrants or other papers which
it may be proper to authenticate. [89 v. 108; 87 v. 68-76]
SEC. 1707d-32. [City solicitor.] The city solicitor shall be appointed
by and give bond to the satisfaction of the board of city affairs, in the sum of
not less than twenty-five hundred dollars, conditioned on the faithful perform-
ance of his duties, and he shall receive such salary, payable monthly, as may
be provided by order of the board, and in addition thereto a reasonable com-
pensation for his services in each civil action or proceeding in a court of record,
to which such city of the second grade of the second class is a party, and upon
final order being made or judgment rendered in any such action or proceeding
the court shall fix the said compensation therefor, which shall then be payable
to such city solicitor from the treasury of such city, provided that the total
amount of his salary and compensation aforesaid, shall not exceed three thou-
sand dollars ($3,000.00) in any period of twelve months, counting from the
first day of May of one year to the first day of May of the next year; he shall
perform all the duties provided by statute and by ordinance of any such city
851
Tit.XII,Div.4,Ch.2.
OFFICERS OF CITIES, ETC.
§ 1707d-33.
of the second grade of the second class for the city solicitor, and in addition
thereto shall act as the legal adviser of and attorney for the board of city affairs,
and all other boards of such city. [93 v. 44; 89 v. 108; 87 v. 68–76.]
SEC. 1707d—33. [Term; vacancies.] The city solicitor shall hold
his office for the term of two years, and until his successor shall have been
appointed and qualified; and all vacancies in the office caused by death, resig
nation, expiration of term or from other cause, shall be filled by appointment
by the board of city affairs. [89 v. 108; 87 v. 68-76.]
SEC. 1707d-34. [Civil engineer.] The civil engineer shall be ap-
pointed for two years and shall perform such duties as may be prescribed by
the board of city affairs, or by any ordinance of the corporation not incom-
patible with the nature of his office; he shall receive such salary as the board
of city affairs may affix. [89 v. 108; 87 v. 68–76.]
SEC. 1707d-35. [Suspension of conflicting acts. Repealed, 89 v. 111.]
SEC. 1707d-36. [Creation of liabilities.] No member of the board
of city affairs or other person, whether in the employ of the board or other-
wise, shall have any power to create any liability on account of the board or
the funds under its control, except by express authority of the board, conferred
at a meeting thereof duly and regularly convened. [89 v. 108.]
SEC. 1707d-37. [Interest in contracts, etc.] No member, officer or
employe of the board of city affairs shall be directly or indirectly interested
in any contract or work of any kind under the direction of the board, and
any contract or work in which any such person is interested shall be void;
and it shall be the duty of the person having knowledge of the violation of
this section forthwith to report the facts to the board, and the board shall give
reasonable notice to the persons interested, and at the earliest convenient day
investigate the same and hear the evidence on both sides. [89 v. 108.]
SEC. 1707d-38. [Investigation in such cases.] The board of city
affairs shall have power in such cases to compel the attendance of witnesses
and the production of books and papers, and the president shall have power
to administer the necessary oaths. [89 v. 108.]
SEC. 1707d-39. [Member not to sit on his own investigation; dis-
missal if guilty.] If a member of the board of city affairs be involved in
any such charge, he shall not again sit or vote on the board until the result
of the investigation is determined, announced and entered on the minutes of
the board; a majority of the board not involved in the charge shall be suf-
ficient to decide the questions; and if an officer or employe of the board be
found upon such inquiry to have violated any of the foregoing provisions,
such finding shall operate as a dismissal of such officer or employe. [89 v.
109.]
SEC. 1707d-40. [When contract void.] If a contract made or author-
ized by the board of city affairs be found to violate any of the foregoing pro-
visions, it shall at once become void and of no effect, and no money shall be
paid for services rendered or materials furnished under the same. [89 v. 109.]
SEC. 1707d-41. [Contractor's statement as to any colleagues.] No
money shall be paid at any time to any person claiming under a contract with
the board, until such person files with the board his statement under oath,
disclosing the names of all persons directly or indirectly interested in the con-
tract, or in the proceeds or profits thereof, declaring that no persons other than
those named are interested, and that no person forbidden in this chapter has
any interest in the same. [89 v. 109.]
SEC. 1707d-42. [Alterations of contract.] When it becomes neces-
sary in the opinion of the board of city affairs, in the prosecution of any
·
852
•
§ 1707d-43.
OFFICERS OF CITIES, ETC.
Tit.XII,Div.4,Ch.2.
work hereafter ordered, to make alterations or modifications of the specifica-
tions or plans of a contract, or to omit from said work any portion of the
street or territory originally ordered to be improved, such alteration, modifica
tion or omission may be made by order of the board; provided, that such
order shall be of no effect until the price to be paid for the work under such
altered or modified contract has been agreed upon in writing, and signed by
the contractors and some person authorized thereunto by the board; and pro-
vided, further, that the total cost of the work, with the addition of the price
so agreed upon, shall not exceed the original contract. [89 v. 109.]
SEC. 1707d-43. [Allowance for extra.] No contractor shall be al-
lowed anything for extra work caused by any alteration or modification unless
an order is made or agreement signed as provided in the preceding section,
nor shall he in any case be allowed more for such alteration than the price
fixed by such agreement. [89 v. 109.]
SEC. 1707d-44. [Improvement must be recommended.] No ordi-
nance or resolution authorizing any improvement shall be passed by council
except upon the recommendation of the board of city affairs. [89 v. 109.]
ས
SEC. 1707d-45. [Also grants in streets.] No grant of the use of a
street or highway in any city of the second grade of the second class for the
purpose of a street or other railroad, or an extension thereof, or for any pur-
pose whatsoever, shall be made or renewed unless first recommended by the
board of city affairs; nor shall any such street or highway be used for supply-
ing gas or water, or be broken up or obstructed for any purpose whatever or
on any pretense, unless permission be first given by the board in writing; nor
shall a resolution or ordinance for the payment of money in settlement of
claims for unliquidated damages be passed, nor any binding agreement for
such settlement be made by council, unless the payment or settlement of such
claim be first recommended by the board; nor shall any property used or to
be used for the purposes under the control of the board, or for the use of any
such city, be purchased, leased or disposed of without such recommendation
being first made; and any such measure required to originate in the board of
city affairs which is altered, changed or amended in any way, before the taking
effect thereof, shall be concurred in by the board. [89 v. 109.]
Bridges over canal and water-course, power to remove, alter, repair, substitute and to
issue bonds for, 90 L. L. 369.
(1707d-46) [Mayor's clerk in Dayton.] In all cities of the second
grade of the second class, there be and hereby is created the office of clerk
to the mayor, which said clerk shall have power to administer oaths and
take affidavits and such other powers and perform such other duties as may be
prescribed by law or by ordinance, or as directed by the mayor, not incom-
patible with the nature of his office, and who, before entering upon the duties
of his office, shall give bond to the satisfaction of the board of city affairs
of any such city in a sum not less than two thousand dollars conditioned on
the faithful performance of his duties, and he shall receive a salary of six
hundred dollars per year, payable monthly; and upon his presenting a voucher
certified to by the mayor for such services, it shall be the duty of the city
comptroller to issue his warrant to the treasurer of such city for the payment
thereof. Such clerk to the mayor shall be appointed by the mayor of such
city within ten days after the passage of this act, and shall contin[u]e in office
until his successor shall be appointed and qualified. [90 L. L. 379.]
Office of clerk of mayor's court abolished, see 1744a.
(1707d-47) [Dayton garbage, night-soil and offal contracts.]
Boards of city affairs in all cities of the second grade, second class, be and
853
Tit.XII, Div.4, Ch.2.
OFFICERS OF CITIES, ETC.
§ 1707d-48.
they hereby are authorized to contract, for a period not exceeding fifteen years,
for the removal or disposition of all garbage, night-soil, dead animals and ani-
mal offal separately or together within such cities; and the city council of any
such cities where such contracts may be made, shall, in addition to taxation
now authorized to be levied for other purposes, be and hereby is authorized to
levy upon each dollar of the taxable property of such cities, as the same is
listed for taxation upon the grand duplicate, fifteen hundredths of a mill a
year during every year of the continuance of such contracts, to pay the cost
and expense of the removal and disposition of such garbage, night-soil, dead
animals, and animal offal under such contract; said taxes to be collected as
other taxes, and the money arising therefrom shall constitute a separate fund
to be called the "garbage fund," and shall be applied solely to the purpose for
which it is raised. [90 L. L. 375, §1.]
Contents of privy vaults shall be deposited at crematory in Dayton, see ? 6923.
(1707d-48) [Crematories.] Such boards of city affairs in any such
cities, when, in their judgment, the best interests of such cities will be sub-
served thereby, may build, equip and maintain garbage crematories or fur-
naces, at such places within or near to the corporate limits of such cities as.
may seem to them best, for the disposition of all garbage, night-soil, dead ani-
mals and animal offal within the corporate limits of such cities. [90 L. L. 375, §2.]
(1707d-49) [Bonds therefor.] Whenever the board of city affairs in
any such city shall determine to erect and equip such garbage crematory or
crematories, furnace or furnaces, it shall be lawful for such board of city affairs
to issue bonds therefor, entitled "garbage crematory bonds" of such city, in
the sum of fifty thousand dollars, to be sold according to law, the money
arising from such sale of said bonds, and the premium thereon, to be paid
into the treasury of such city and placed to the credit of the garbage crematory
or furnace building fund to be expended for the purpose designated in the
second section [§(1707d-48)] of this act, and no other purpose. Said bonds
shall be of such denominations as said board of city affairs may deem best, in
any sum not exceeding said amount herein named, and for a length of time
not exceeding fifteen years, and at a rate of interest not exceeding five per cent.
per annum, payable semi-annually; and, if issued, shall be signed by the pres-
ident of the board of city affairs and the comptroller of such city, and be sealed
with the seal of such comptroller. [90 L. L. 375, § 3.]
(1707d-50) [Tax for bonds.] That the city council of any such city
is hereby authorized, in event such bonds are issued, to levy an annual tax
not in excess of three-tenths of one mill on the general duplicate of said city,
in addition to the other taxes heretofore authorized to be levied, or hereafter to
be levied for the redemption of said bonds and the payment of the interest
thereon until said bonds and the interest thereon are paid, and said bonds re-
deemed as the same come due. [90 L. L. 375, § 4.]
(1707d-51) [Tax for crematory.] That in any such city where the
board of city affairs may build and equip such garbage crematory or crema-
tories, furnace or furnaces, the city council of such city, in addition to taxation
now authorized to be levied for other purposes, is hereby authorized to levy
upon each dollar of the taxable property of such city, as the same is listed for
taxation upon the grand duplicate, twenty hundredths of a mill every year in
order to raise money to operate such crematory or crematories, furnace or
furnaces; said tax shall be collected as other taxes, and the money arising
therefrom shall constitute a separate fund to be called the "garbage crematory
operative fund," and shall be applied solely to operating such garbage crematory
or crematories, furnace or furnaces. [90 L. L. 375, § 5.]
The above act was held to be constitutional: Seifert v. Weidner, 12 C. C. 1; 5 O. D. 506, aff'd by supreme
court without report, 55 O. S. 646.
•
854
§§ 1707e-1707ƒ—3.
OFFICERS OF CITIES, ETC.
Tit. XII,Div.4,Ch.2.
SEC. 1707e. [Springfield officers; mayor ineligible for re-election.]
The officers of a city of the second class, third grade a, shall consist of a mayor,
city solicitor, a police judge, prosecuting attorney of the police court, and a
clerk of the police court, all of which officers shall be chosen by its electors,
and a clerk who shall be chosen by the council; provided, that a mayor elected
in any city of the second class, third grade a, shall be ineligible to re-election
to the office for a consecutive term. [89 v. 18; 88 v. 160.]
SEC. 1707f. [Officers of the city of Portsmouth.] The officers of a city
of the second class, third grade c, shall consist of a mayor, a police judge, a
treasurer, except as provided in section 1708, and all of whom shall be chosen
by its electors; a city clerk, who shall be chosen by council; a board of public
affairs, which shall consist of three members, and who shall be appointed by
the probate judge of the county in which said city is located; a chief of police,
a city solicitor, [and] a city civil engineer, and all of whom shall be appointed
by said board of public affairs by and with tne consent of council. [93 v. 604.]
Board of public affairs in Portsmouth to have seats in council, see ? 1682.
SEC. 33. [Charter to be submitted to electors, viz.:] Provided, that in cities which, on the first day
of July, A. D. 1890, have more than twelve thousand three hundred and less than thirteen thousand three
hundred inhabitants, and those which, on the first day of July in any year, have, when ascertained in the
same way, more than twelve thousand three hundred and less than thirteen thousand three hundred inhab-
itants, the city council shall submit the proposition of a new charter to the qualified electors of said city at
a general or special election held for such purpose, at such time and places in the corporation, such council
may determine by resolution. Notice shall be given of the time and places of holding such election in two
newspapers of general circulation in such city, and the form of the ballot shall be as follows: Those in favor
of a new charter shall have written or printed on their ballots, "New charter-Yes." Those opposed to a
new charter shall have written or printed on their ballots, "New charter-No." A return of said vote shall
be made by the city election board to the council at the first regular meeting after such election, and the
result shall be entered upon the minutes of said council, and if it appears that more of the ballots cast at
such election had written or printed thereon the words, "New charter-Yes," than there were ballots cast
that had written or printed thereon, "New charter-No," then the council [charter] shall be in full force
and effect, and the charter [council] as herein provided shall so declare. And the proposition of the adoption
of a new charter, according to the provisions of this act, shall not be submittted to a vote of the people more
than once in each calendar year. [93 v. 622.]
SEC. 1707f-1. [Chief of police.] In cities of the second class, third grade c,
the chief of police shall be appointed for a term of three years, and he shall
perform the duties provided for such officers in subdivision 2, chapter 3, divi-
sion 5, title 12, of the Revised Statutes, and such other duties as may be im-
posed upon him by ordinance of council, and the office of city marshal in such
cities is hereby abolished; provided, that the city marshal in office upon the
passage of this act, may serve the remainder of the term for which he was
elected, and until his successor shall be appointed and qualified, as such chief
of police. [93 v. 604.]
SEC. 1707f-2. [Board of public affairs; appointment.] In cities of
the second class, third grade c, the members of the board of public affairs shall
be appointed by the probate judge for the county in which said city is located,
for a term of three years each, and not more than two of whom shall be mem-
bers of the same political party; and, in the first instance, the three members
of the board of public affairs shall be appointed immediately after the organiza-
tion of council, after the passage of this act, by the probate judge, for terms.
of one, two and three years, respectively, and within thirty days before the
expiration of the term of office of any member of such board of public affairs,
the said probate judge shall appoint his successor for a full term, as herein
provided; and in case of a vacancy, from any cause, other than expiration of
the term, the said probate judge shall, in like manner, appoint a member for
the unexpired term; and members of said board shall serve until their suc-
cessors are appointed and qualified. [93 v. 604.]
SEC. 1707f-3. [Officials to qualify according to Chapt. 4, Div. 4,
Title XII, R. S.] In cities of the second class, third grade c, all officials, ex-
cept as otherwise provided, shall qualify as such in accordance with the pro-
visions of chapter 4, division 4, title 12, of the Revised Statutes. [93 v. 604.]
855
Tit. XII, Div.4, Ch.2.
OFFICERS OF CITIES, ETC.
$1707f-4.
SEC. 1707f-4. [Who ineligible on board of public affairs; removal
of member.] No person holding any federal, state, county or municipal office,
or an employe in any of the city departments, or a relative of the power
appointing, shall be eligible to appointment as a member of the board of pub-
lic affairs, and any member thereof may be removed therefrom by council in
the manner prescribed by law for misfeasance, malfeasance, incompetency, in-
efficiency, or neglect of duty in office. [93 v. 605.]
SEC. 1707f-5. [Compensation of mayor; of members of board of
public affairs.] In cities of the second class, third grade c, the mayor shall
receive as compensation for his services as such, a salary of three hundred dol-
lars ($300) per annum, payable quarterly, and no more; and each member of
the board of public affairs shall receive as compensation for his services there-
on, a salary of one thousand dollars ($1,000) per annum, payable quarterly,
and not more. [93 v. 605.]
SEC. 1707f-6. [Organization of board of public affairs; clerk; num-
ber of meetings to be held; quorum; passage of resolutions, etc.; record
of proceedings, etc.] The city council shall furnish suitable quarters for the
board of public affairs where they may hold their meetings and upon their
appointment, and annually thereafter, the board shall organize by selecting
one of their number president of the board. The city clerk shall be the clerk
of the board of public affairs, and as such, shall have charge of the office, keep
the records of the board, and perform such other duties as the board may, from
time to time, determine. The board of public affairs shall hold not less than
four meetings a week, and two members thereof shall constitute a quorum for
the transaction of business. The ayes and nays shall be called, and entered
upon the journal, upon the passage of every resolution, or order, of any kind,
and no resolution, order, appointment to or removal from any position under
the board, or business transaction, shall be valid unless two votes are cast and
recorded in its favor. The board shall keep a complete record of all its
proceedings, and a copy from the record, certified to by the clerk, shall be com-
petent evidence in all the courts. The board shall adopt such rules and regu-
Îations for the transaction of its business, and the regulation of the various
departments over which it shall have control as it may deem necessary. [93
v. 605.]
SEC. 1707f-7. [Board to have exclusive care, etc., of streets, etc.]
In a city of the second class, third grade c, the board of public affairs shall
have the exclusive care, management, and control of all the property of such
city of every kind and description, and shall have exclusive power to con-
struct, supervise, clean, repair, grade and improve all streets, avenues, alleys,
levees, wharves, parks, market spaces, bridges, sewers, drains, culverts, water-
courses, sidewalks, curbs and gutters; and to light all such public places in
the corporation as may be deemed necessary. The board shall have the au-
thority to fix and establish the grading of all streets, avenues and alleys, to
provide for the removal of ashes and garbage, and it shall have the supervi-
sion and control of the construction, use, repairing, cleaning, lighting, and
heating of all public buildings, and the construction of all the public improve-
ments of, in, and to such city, and the office of street commissioner in such
city shall be, and the same is, hereby abolished; provided, that the present
street commissioner may serve for the remainder of the term for which he
was elected, as superintendent of streets, and under the instruction of, and sub-
ordinate to the board of public affairs. [93 v. 605.]
SEC. 1707f-8. [Board to have powers of park commissioners.] In
cities of the second class, third grade c, the board of public affairs shall have
the power, and are hereby invested with the authority, to perform the duties
856
$1707f-9.
OFFICERS OF CITIES, ETC.
Tit. XII, Div.4, Ch.2.
imposed upon park commissioners by subdivision 2, chapter 6, division 8, title
12, of the Revised Statutes. [93 v. 605.]
SEC. 1707f-9. [Board to have powers of cemetery trustees; ceme-
tery trustees abolished.] In cities of the second class, third grade c, the board
of public affairs shall have, and are hereby invested with, the powers to per-
form the duties conferred and imposed upon the trustees of cemeteries by
chapter 7, division 8, title 12, of the Revised Statutes; and the board of ceme-
tery trustees in such city shall be, and the same is, hereby abolished; provided,
that the superintendent of the cemetery employed by the said board at the
time this act goes into effect, shall be retained for the remainder of the term for
which he was appointed. [93 v. 606.]
SEC. 1707f-10. [Board to have powers conferred on council as to
public halls.] In cities of the second class, third grade c, the board of public
affairs shall have the power, and perform the duties, conferred, and imposed
upon council relative to a public hall, or city building, by sections 2559, 2560,
[2561,] 2562, 2566 and 2567 of chapter 8, division 8, title XII, of the Revised
Statutes of Ohio. [93 v. 606.]
SEC. 1707f-11. [Board has powers of platting commission.] In cities
of the second class, third grade c, the board of public affairs shall have the
power, and perform the duties, conferred upon the platting commission by
chapter 12, division 8, title XII, of the Revised Statutes. [93 v. 606.]
SEC. 1707f-12. [Board has powers of board of health; board of
health abolished.] In cities of the second class, third grade c, the board of
public affairs shall have the power, and perform the duties, conferred upon the
board of health by chapter 1, division 6, title XII, of the Revised Statutes, and
the existing board of health shall be, and the same is hereby abolished; pro-
vided, that the officials, i. e., the city physician and the sanitary police, employed
by such board upon the enforcement of this act, shall be retained for the re-
mainder of the terms for which the were respectively appointed. [93 v. 606.]
SEC. 1707f-13. [Board has powers of hospital commissioners; board
of hospital commissioners abolished.] In cities of the second class, third
grade c, the board of public affairs shall have the power, and perform the duties,
conferred upon the board of hospital commissioners by chapter 3, division 6,
title XII, of the Revised Statutes, and the existing board of hospital commis-
sioners shall be, and the same is hereby abolished; provided, that those who
are employed by the said board, at the enforcement of this act, shall be retained
for the remainder of the term for which they were appointed. [93 v. 606.]
SEC. 1707f-14. [Board has powers of commissioners of sewers.]
In cities of the second class, third grade c, the board of public affairs shall
have the power and perform the duties, conferred upon commissioners of sew-
ers by subdivision 5, chapter 4, division 7, title XII, of the Revised Statutes.
[93 v. 606.]
SEC. 1707f-15. [Board's powers as to nuisances.] In cities of
the second class, third grade c, the board of public affairs shall have the power
and perform the duties, conferred upon corporations as to nuisances by chapter
2, division 6, title XII, of the Revised Statutes of Ohio. [93 v. 606.]
SEC. 1707f–16. [Board's power as to insecure and unsafe buildings.]
In cities of the second class, third grade c, the board of public affairs shall
have the power, and perform the duties, conferred upon the board of examin-
ers of insecure and unsafe buildings, by sections Nos. 2451, 2452, 2453 of
chapter 2, division 8, title XII, of the Revised Statutes. [93 v. 606.]
857
Tit. XII,Div.4,Ch.2.
OFFICERS OF CITIES, ETC.
§ 1707f-17.
SEC. 1707f-17. [Board to have powers of water-works trustees;
water-works trustees abolished.] In cities of the second class, third grade c,
the board of public affairs shall have the power, and perform the duties, con-
ferred and imposed upon the board of water-works trustees by chapter 1, divi-
sion 8, title XII, of the Revised Statutes, and the present board shall be, and
the same is hereby abolished; provided, that the employes of said board, when
this act goes into effect, i. e., the engineer, fireman, and street force, shall be
retained for the respective terms for which they were appointed. [93 v. 606.]
SEC. 1707f-18. [Board to appoint city civil engineer; compensation;
bond; duties; board to also appoint superintendent, laborers, etc.] In
cities of the second class, third grade c, the board of public affairs shall
appoint a city civil engineer to serve during the pleasure of the board with
compensation to be fixed by the board within limits prescribed by the ordi-
nance of council; he shall give bond in a sum to be fixed by, and to the satis-
faction of the board, and he shall perform such duties as are prescribed by law,
ordinance of council, and by the board. The board may also employ such
superintendents, engineers, laborers, and other persons, as it may deem proper,
always with a view to efficiency and economy, for the execution of its duties
and powers, and fix their salaries and compensation within such limits as
council may prescribe; and any such person or persons so employed may be
removed by the board at any time, and for cause only. [93 v. 607.]
SEC. 1707f-19. [As to improvements the costs of which derived
from assessments.] Where the cost of any improvement, which the board
deems it advisable to make, is to be derived from assessments, the board shall
cause to be made plans and specifications of such improvement, together with
an estimate of the cost of the same, and shall submit the same to council, with
its recommendations, and a resolution declaring the necessity of providing for
such improvement; upon the passage of the resolution or ordinance of council
the board shall have the resolution or ordinance published, not less than two
nor more than four consecutive weeks, in some newspaper, published and of
general circulation in the city, and shall cause to be given twenty days' written
or printed notice of its passage to the owners of the property abutting upon the
improvement, or to the persons in whose names it may be assessed for taxation
upon the tax duplicate, who may be residents of the city, and the persons serv-
ing the notice shall make a return of the time and the manner of such service,
and verify the same by affidavit, which shall be filed with the clerk of the
board, and the same, or a certified copy thereof, shall be prima facie evidence
of the service of the notice as [t]herein stated. [93 v. 607.]
SEC. 1707f-20. [Bids.] Upon the passage by council of an ordinance
providing for the improvement, as provided in section 2316 of the Revised
Statutes, and in all cases where the board deems it advisable to make a con-
tract for the execution of any work, or the purchase of material, for matters
under its charge, the estimated cost of which exceeds five hundred dollars, the
board shall proceed as follows:
1. It shall advertise for bids for the period of two weeks, or if the estimated
cost exceeds five thousand dollars, four weeks.
2. The bids, sealed up, shall be filed with the city clerk, by twelve o'clock,
noon, on the last day, as stated in the advertisement.
3. The bids shall be opened at twelve o'clock, at noon, on the last day of
filing the same, by the city clerk, a member of the board of public affairs, and
the city civil engineer, or any two of them, and publicly read by the officer
opening the same, and filed in the office of the city clerk; and shall be reported
by the city clerk at the next regular meeting of the board thereafter.
4. Each bid shall contain the full name of every person interested in the
same, and shall be accompanied by a sufficient guaranty of some disinterested
·
858
§ 1707f-21.
OFFICERS OF CITIES, ETC.
Tit.XII,Div.4,Ch.2.
person that, if the bid is accepted, the contract will be entered into, and per-
formance thereof properly secured, or such guaranty may be given by deposit-
ing with the clerk a certified check, payable to the order of the board, for an
amount specified by the board.
5. If the work bid for embraces both labor and material, the board may
receive separate bids for furnishing the material, separate bids for doing the
work, and separate bids for both labor and material.
6. None but the lowest responsible bid shall be accepted; provided, that
when the character of the material of the improvement has not been determined
upon before the bids are received, the lowest responsible bid for the improve-
ment with the material determined upon after the bids have been received
shall be accepted, and in determining which is the lowest responsible bid the
board shall not be controlled by the ability of the bidder to give bond for the
performance of his contract, but its decision as to which is the lowest respon-
sible bid shall be conclusive, provided, however, that if the lowest bid is not
accepted the board shall state the reason on its minutes; but the board may, in
its discretion, reject all bids, or it may, in its discretion, purchase the materials
for the work and contract simply for the performance of the work.
7. The contract shall be between the corporation and the bidder, and the
corporation shall pay the contract price for the work in cash; provided, how-
ever, that the contract price may be paid in assessments, as may have been
previously determined, and suits to recover or enforce such assessments may
be brought in the name of the city.
8. If two or more responsible bids are equal in whole, or in part thereof,
and are lower tnan any other responsible bids, either may be accepted, but in
no case shall the work be divided between them.
9. When there is reason to believe that there is collusion or combination
among the bidders, or any number of them, the bids of those concerned therein
shall be rejected.
10. The presiding officer shall execute all contracts, attested by the city
clerk, and under the seal of the city, in the name of the city, and file them in
the office of the board. [93 v. 607.]
SEC. 1707f-21. 1. [No member of board or employe to create lia-
bility on account of board, except.] No member of the board, or other person,
whether in the employ of the board or otherwise, shall have power to create
any liability on account of the board, or the funds under its control, except
by express authority of the board, conferred at a meeting thereof duly and
regularly convened.
2. [No member, officer or employe to be interested in contract.] No
member, officer or employe of the board shall be directly or indirectly inter-
ested in any contract or work of any kind whatever under its direction, and
any contract or work in which any such person has an interest shall be void;
and it shall be the duty of any person having knowledge or information
of the violation of this section forthwith to report the facts to the board, and
the board shall give reasonable notice to the parties interested, and at the earli-
est convenient day, investigate the same, and hear evidence offered on both
sides.
3. [Power to compel attendance of witnesses; production of books,
etc.; administering oaths.] The board shall have power in such case to com-
pel the attendance of witnesses, and the production of books and papers, and
the presiding officer shall have the power to administer the necessary oaths.
4. [Member involved in such charge cannot sit or vote in board until
result is determined, etc.; officer or employe guilty, finding of same oper-
ates as dismissal.] If a member of the board be involved in any such charge,
he shall not again sit or vote in the board until the result of the investigation
•
859
Tit. XII,Div.4,Ch.2.
OFFICERS OF CITIES, ETC.
$ 1707f-22.
is determined, announced, and entered on the minutes of the board; a majority
of the board not involved in the charge shall be sufficient to decide the ques-
tions; and if an officer or employe of the board be found, upon such inquiry,
to have violated any of the foregoing provisions, such finding shall at once
operate as a dismissal of such officer or employe.
5. [Contract in violation of above void.] If a contract made or author-
ized by the board be found to violate any of the foregoing provisions, it shall
at once become void and of no effect, and no money shall be paid for services
rendered, or material furnished under the same. [93 v. 608.]
SEC. 1707f-22. [As to alterations, etc., in prosecution of work.] 1.
When it becomes necessary, in the opinion of the board, in the prosecution of
any work hereafter ordered, to make alterations, or modifications of the specifi-
cations or plans of a contract, or to omit from said work any portion of the
street or territory originally ordered to be improved, such alteration, modifica-
tion, or omission may be made by order of the board; provided, such order
shall be of no effect until the price to be paid for the work under such altered
or modified contract has been agreed upon in writing, and signed by the con-
tractors and some person authorized thereunto by the board; and provided,
further, the total cost of the work, with the addition of the price so agreed upon,
shall not exceed the original contract.
2. No contractor shall be allowed anything for extra work caused by any
alterations or modification, unless an order is made, or agreement signed, as
provided in the preceding section, nor shall he, in any case, be allowed more
for such alteration than the price fixed for in such agreement. [93 v. 609.]
SEC. 1707f-23. [No resolution or ordinance to be passed by council
except on recommendation of board of public affairs; what further must
be submitted to board.] No ordinance or resolution authorizing any improve-
ment shall be passed by council except upon the recommendation of the board
of public affairs; and no grant of the use of a street or highway in any such
city for the purpose of a street, or other railroad, or an extension thereof, or
for any other purpose whatsoever, shall be made or renewed unless first recom-
mended by the board; nor shall any such street or highway be used for supply-
ing gas or water, or to be broken up or obstructed for any purpose on any
pretense whatever, unless permission be first given by the board, and attested
by its clerk, in writing; nor shall a resolution or ordinance for the payment of
money in settlement of claims for unliquidated damages be passed, nor any
binding agreement for such settlement be made by the council, unless the
pay-
ment or settlement of such claim be first recommended by the board; nor shall
any property used or to be used for purposes under the control of the board,
or for the use of any such city, be purchased, leased, or disposed of without
such recommendation being first made; and any such measure required to
originate in the board which is altered, changed or amended in any particular,
before taking effect, shall be concurred in by said board. [93 v. 609.]
SEC. 1707f-24. 1. [As to work, no part of which is to be paid by
assessment.] The board may, in its discretion, purchase the necessary ma-
terial, employ the necessary overseers and hands to do any work, or make any
improvement, no part of which is to be paid by assessment.
2. [Removal of members of board.] The members of said board, or any
one of them, may at any time, be removed from office by the concurrent vote
of two-thirds of all members elected to council, in the same manner as elective
officers; or in the manner provided for the removal of certain officers, in chapter
3, division 4, title XII, of the Revised Statutes of Ohio.
860
§ 1707ƒ-25.
OFFICERS OF CITIES, ETC. Tit. XII,Div.4,Ch.2. -
3. [As to contracts for advertisements.] The board of public affairs
may contract with two daily newspapers, of opposite politics, published and
of general circulation in the corporation, at not to exceed fifty cents per square
for each insertion, for the publication of all resolutions and ordinances of a
general nature, or providing for improvements; and all advertisements, no-
tices and proclamations, in the event of any such contract, shall be published
in said newspapers, but in the event of no such contract being made, publi-
cation in one such daily newspaper shall be deemed sufficient.
4. [Board to furnish council detailed estimate, city clerk to furnish
statement.] The board of public affairs shall furnish to council, on or before
the first Monday of April in each year, a statement containing an approximate
and detailed estimate of the money needed by the board for the succeeding
year, for the several purposes for which council may levy taxes; and the city
clerk shall at the same time furnish the board and council. (1). A state-
ment showing the balance standing to the credit or debit of the several funds
on the city balance sheet at the end of the year last passed. (2). A statement
showing the monthly expenditure out of each fund, and the monthly expend-
iture out of all the funds for the same period. (3). A statement showing
the annual expenditure from each fund for the five years next preceding said
day.
5. [Payment of claims against board, etc.] Claims against the board of
public affairs, and all bills for expenses incurred by the board in the adminis-
tration of the affairs under its control, when approved by the board, shall be
paid on the warrant of the clerk by the treasurer of the city.
6. [Board may employ counsel in addition to city solicitor.] The board
of public affairs shall have the right to employ counsel, in addition to the city
solicitor, in any matter in cases arising under the exclusive control of the
board, but no such employment shall be valid without the concurrence of
council. [93 v. 609.]
SEC. 1707f-25. [1.] [Board to have charge of police force and regula-
tion of city prison.] In cities of the second class, third grade c, all the powers
and duties in connection with, and incident to, the appointment, regulation,
government and control of the police, and the regulation, government and
control of the city prison, patrol and station house, shall be and is hereby
vested in the board of public affairs, and to all intents and purposes, said
board shall exercise functions similar to those performed by boards of police
commissioners in other cities, subject, however, to the provisions of this act,
and such limitations consistent herewith, as may be prescribed by ordinance
of council.
2. [Board to prescribe qualifications, etc., of police officers.] The qual-
ifications, enumeration and arrangement of the duties of each officer and mem-
ber of the police force, shall be particularized, and definitely prescribed by the
rules and regulations of the board of public affairs relative to the force.
3. [Qualifications, etc., of police officers.] Each officer of the force, and
every appointee of the board thereto, in any capacity whatever, shall be an
elector of the city in which he is appointed, and he must be able to read and
write the English language understandingly, and there shall be no appoint-
ment to, nor removal from the force, for political reasons. Every person ap-
pointed on the force shall have a reputation for integrity and sobriety, and
must be known to be an orderly, law-abiding citizen, never to have been
convicted of a crime nor to have been engaged in any unlawful calling, nor
to have pursued any occupation in a manner prescribed [proscribed] by law-
abiding citizens.
861
Tit. XII,Div.4,Ch.2.
OFFICERS OF CITIES, ETC.
§§ 1707ƒ-26.
4. [Term of officers; discharge.] All appointees to the force, under the
provisions of this act, shall serve during the pleasure of the board; and no ap-
pointee shall be discharged except for cause, and after having been allowed an
opportunity to be heard in his own defense, and upon charges, preferred to,
and sustained by the board.
5. [Salaries and pay.] The salaries and pay of the officers and members
of the police force shall be determined by the board within limits prescribed
by ordinance of council.
6. [Oath of officers.] Each officer and member of the police force, before
entering upon the discharge of his duties shall take and subscribe an oath, to
well and faithfully perform the duties of his office, and shall execute a good
and sufficient bond in a sum to the satisfaction and approval of the board con-
ditional [conditioned] according to law, for the faithful discharge of his duties,
both of which shall be filed in the office of the board.
7. [Board to appoint force when; present marshal.] The board of
public affairs shall, within thirty days after its organization, appoint a police
force; and the officers thereof, pursuant to the provisions of this act; provided,
that the present marshal may qualify and serve for the remainder of the term
for which he was elected, as chief of police. [93 v. 611.]
SEC. 1707f-26. 1. [Police force to consist of what.] The police force
of such city shall consist of a chief, and not to exceed one patrolman or officer,
for each fifteen hundred inhabitants thereof, and also a reserve force not ex-
ceeding one officer to each fifteen hundred inhabitants, and who shall possess
the same qualifications, and when upon duty shall be subject to the same reg-
ulations, and have the same powers and privileges, perform the same duties
and receive the same per diem compensation as members of the regular force,
and they shall receive no pay for any time they are not assigned for duty.
2. [Reserve force.] Such reserve force shall only be assigned to duty by
the board in case of emergency, or special necessity, and the same shall be
stated upon the minutes of the board when such assignment is made.
3. [Riot or insurrection.] In case of riot or insurrection, requiring the
intervention of the police force, the mayor shall have control and command of
the whole force during said emergency, and when a temporary increase of the
force is required, the board shall have power to appoint as many additional
officers as may be in their judgment needed, and to serve not to exceed five
days, with a per diem pay of the regular force, and no more. [93 v. 611.]
SEC. 1707f-27. 1. [Duty of mayor, board of public affairs and police
officers to preserve peace, etc.] It shall be the duty of the mayor, the board
of public affairs, and of the police force hereby constituted, at all times of the
day and night, within the boundaries of the city, to preserve [the] public
peace, prevent crime, arrest offenders, protect the rights of persons and prop-
erty, guard the public health, preserve order, remove nuisances existing in
public streets, roads, places, and highways, report all leaks or other defects in
water-pipes and sewers to the proper authorities, to provide a proper force at
every fire, in order that thereby the firemen and property may be protected, to
protect strangers and travelers at railway stations, and generally to obey and
enforce all ordinances of the city council, and criminal laws of the state and
of the United States.
2. [Further as to same.] The police force and officers thereof under the
direction of the board of public affairs, or other proper officer, shall suppress
all riots, disturbances, and breaches of the peace; pursue and arrest any per-
son fleeing from justice, in any part of the state; apprehend any and all per-
sons in the act of committing an offense against the laws of the state or the
ordinance of the corporation, and forthwith bring such person before the police
862
§ 1707ƒ-28.
OFFICERS OF CITIES, ETC.
Tit.XII,Div.4,Ch.2.
court, or other competent authority, for examination; and shall at all times
diligently and faithfully enforce all such laws, ordinances and regulations for
the preservation of good order, and the public welfare, as the council may or-
dain, and for such purpose they shall have all the power of constables.
3. [Officers may arrest on view.] The members of the police force may,
upon view, arrest any person who may be guilty of a breach of the ordinances
of the corporation, or of a crime against the laws of the state, and may, upon
reasonable information, supported by affidavit, procure process for the arrest of
any person who may be charged with a breach of any of the ordinances of the
corporation.
4. [Manual; examination and inspection of force.] The board of public
affairs shall cause to be prepared a convenient manual, containing a compend
of all rules and regulations which the police force is required to obey, and such
instructions as shall aid them in the intelligent discharge of their duty. It
shall be the duty of every member and officer of the force to make himself
acquainted with the directions contained in the manual, and in every way to
become familiar with all duties of his position. The chief of police shall be
especially charged with the duty of instructing officers and members of the
force in their duties, and from time to time examining them as to their knowl-
edge of the requirements of their position. It shall furthermore be the duty
of the board at least twice in each year to require the examination and inspec-
tion of the entire force, and for this purpose the board shall select one of their
own number as an examiner to assist the chief in such general examination.
5. [Private patrolmen.] The board of public affairs may, on the appli-
cation of any person, who shows the necessity thereof, appoint any number of
private patrolmen, to do duty at any place within the city, at the charge and
expense of the person by whom the application is made; and the patrolmen
so appointed after being sworn shall be subject to the orders of the board of
public affairs, and shall obey the rules and regulations of said board, and
conform to its general discipline, and to such other special regulations as may
be made, and shall wear such dress or emblem as the board may direct, and
during their term of holding appointment they shall possess all the powers
and privileges and perform all the duties of the patrol force herein prescribed;
and provided, further, that the person so appointed may be removed at any
time by the board of public affairs without assigning cause therefor. [93 v.
611.]
SEC. 1707f-28. 1. [Board to submit to council detailed estimate
as to police department; police fund; how payments to be made from.]
The board of public affairs shall prepare and submit to council, on or before
the first day of March in each year, an estimate of the cost and expense of pro-
viding for and maintaining the police department of such city for the ensuing
fiscal year, which estimate shall be in detail; and the taxes levied by council
for maintaing the police department, when collected, shall be paid into the city
treasury, and styled the "police fund," and shall be drawn therefrom for police
purposes only, under the regulations of this act. All costs, and expenses of
every nature of providing for, and maintaining, the police department of such
city, shall be paid out of said police fund only on orders of the board, certified
by the city clerk, provided, that the city clerk, under such rules and regula-
tions as may be adopted by the board, may certify an order, drawn in his own
favor, approved by the board, for the aggregate amount due the officers and
employes of the board, and dispense the money received to pay the claims of
the officers and employes on the pay rolls, taking receipts therefor.
2. [Police officer not to participate in politics.] No officer, or member
of the police force, shall be a candidate for, or hold, any elective office, or shall
863
Tit. XII,Div.4,Ch.2.
OFFICERS OF CITIES, ETC.
§ 1707ƒ-29.
he be a delegate to any political convention, or take part in any primary elec-
tion, or caucus, except to cast his vote. Any interference by any officer or
member of the police force in elections or conventions for or against any polit-
ical party or candidate, or the candidacy of any officer or member of the force
for an elective office, shall require his dismissal from the force.
3. [Superintendent of city prison.] The board of public affairs shall ap-
point a superintendent of the city prison, and employ such persons as may be
necessary for its proper care. The said superintendent shall have the same
qualifications and powers as policemen, and be subject to the provisions of
this act as applied to policemen. He shall have charge and control of the
city prison, and the prisoners therein, conformable to such rules as the board
may prescribe, and shall receive such salary as the board may allow him
within limits fixed by ordinance of council.
4. [City prison.] The board of public affairs shall cause the city prison
to be kept clean, and made comfortable for the inmates thereof, and shall
provide food, sustenance, medical attention, and necessary supplies for the
proper care of all persons confined therein; and shall cause to be kept, in
books provided for that purpose, a detailed account of all the expenses so
incurred, and a record in which shall be entered the full name, and the
nationality, of every person confined therein, the time of his or her arrest,
the offense charged, the name and residence of complainant, memorandum
of articles taken from persons when searched, the name of the officer or police-
man making the arrest, which entries shall be made and attested by the officer
in charge of the prison at the time such person is received thereat, and said
record shall be open to the inspection of the mayor, officers of the police force,
members of the board and such persons as may obtain a written permit from
the president thereof. [93 v. 612.]
SEC. 1707f-29. Board to have power of fire department.] 1. In
cities of the second class, third grade c, the management and control of the fire
department shall be, and is, hereby vested in the board of public affairs, and
said board shall have power to purchase all the necessary supplies, horses,
engines and apparatus for the department, and to make necessary repairs to
the houses, engines or apparatus belonging to the department; but said board
shall have no power to incur any liability on account of the said department
on behalf of such city beyond the amount levied, and set apart by their order,
for the fire department, by the city council, and all claims on account of the
department shall be approved by the board, and when so approved, the same
shall be certified by the president and city clerk, and all contracts on account
of the department shall only be made in conformity with the provisions of
this act as applicable to the board of public affairs in such cities with refer-
ence to contracts.
2. The board of public affairs shall, by and with the approval and con-
sent of council, appoint an executive officer to be known as the chief of the
fire department, and who shall have active management of the department
in service; and also such members and employes as it may deem necessary,
who shall serve during the pleasure of the board; and all appointments to
the department shall be made only with a view to capability and efficiency on
the part of the appointee, and no appointment shall be made to, and no vacancy
created in, the fire department solely for political reasons.
3. The fire alarm telegraph attached to the fire department shall be under
the control and subject to the regulations of the board. The chief and assistant
shall act as fire wardens, under the direction of the board, and shall have
power to enter and examine any building in which fire is used, and may con-
demn the same if it be considered dangerous to the public safety; and when-
864
•
S$ 1708a-17086.
OFFICERS OF CITIES, ETC.
Tit.XII,Div.4,Ch.2.
ever complaint is made of the dangerous condition of any building, or part
thereof, it shall be their duty to immediately examine into the same, and cause
the proper measures to be taken to put it in a safe condition.
4. The board shall fix the salaries of all officers, members, and employes
of the fire department, within such limits as may be prescribed by ordinance
of council; the board shall prescribe the duties of the officers, members and
employes of the department, and from time to time shall make such rule for
the government of the department, as they may deem necessary. [93 v. 612,]
SEC. 1708. [Officers of cities of the first class.] In cities of the first
grade of the first class, there shall be a mayor, solicitor, treasurer, police judge,
prosecuting attorney of the police court, and a clerk of that court, which
officers shall be chosen by the electors; and a clerk, who shall be elected by the
common council; and a comptroller who shall be elected as hereinafter pro-
vided; and in cities of the second and third grades of the first class, the same
officers shall be chosen in the same manner, [and] an auditor, who shall be
elected by council; and also, a street commissioner who shall be chosen by
the electors; and a civil engineer, who shall be elected by the council; and in
cities of the third grade of the first class, there shall be a fire engineer
appointed by the mayor, with the assent of the council: provided, that in cities
of the third grade of the first class, and in cities of the second class embracing a
county seat, there shall be no election for a city treasurer, but the county treas-
urer shall act as city treasurer, at a rate of compensation to be determined by
the county commissioners, but not exceeding five hundred dollars a year; and
the council of any city of the first class may provide, by ordinance, for the
appointment of a sealer of weights and measures and fixing his compensation.
[1880, March 30: 77 v. 92; Rev. Stat. 1880; 69 v. 64, § 61; 74 v. 52, §8;
(S. & S. 923).]
Repealed as to Cleveland, 88 v. 120.
As to Cleveland, see ? (1545-1) et seq. As to Columbus, see? (1545—89) et seq.
to Akron and Youngstown, see ? (1545-268) et seq.
As to board of review in Cincinnati, see ? (2690-1) et seq.
As
For "an act defining the duties of engineers in the construction of public roads" (86 v.
120), see? (3231-1) et seq.
Sealer of weights and measures in Toledo, see 2 1061.
As to the right of the mayor of Columbus to remove the fire engineer: State ex rel. v. Bryson, 44 O. S. 457.
1. Section 4 of the act of March 30, 1880 (77 v. 92), is as follows:
"SEC. 4. That said sections 1708, 1709, 1711, and section 1765, be and the same are hereby repealed: pro-
vided, however, that nothing herein contained shall be construed as affecting any office named, or any officer
already elected or appointed, except the auditor in cities of the first grade of the first class and his
assistants.'
""
2. By an act passed April 15, 1889 (86 v. 366, 367), 2 (1766-1) et seq., the office of comptroller in cities of the
second grade, first class, is created and his duties prescribed; and 22 1708 and 1711 of the Revised Statutes, 80
far as they conflict with said act, are repealed.
SEC. 1708a. [Officers of Cincinnati.] In cities of the first grade of the
first class there shall be a mayor, auditor, treasurer, police judge, clerk of the
police court, and corporation counsel, who shall be chosen by the electors, for
equal terms at one and the same general municipal election; and a prosecuting
attorney of the police court who shall be appointed by the mayor, with the
advice and consent of the board of legislation; and a city clerk to be elected as
provided in section 1655a. [91 v. 171; 88 v. 224.]
Appointments under ? 1708a must be made on first Monday in May; removal; charges,
? (26900).
An officer cannot make an appointment, the term of which is to begin after the expiration of the term
of the officer appointing; but when the statute requires the appointment to be made on certain day, or as
soon thereafter as practicable, he may do it: State ex rel. v. Ermston, 14 C. C. 614.
SEC. 1708b. [Supervising accountant in Toledo.] In cities of the
third grade of the first class, there shall also be a supervising accountant,
appointed, and subject to removal at any time, by the mayor. He shall receive
as compensation for his services the sum of twenty-five bundred dollars per
865
Tit. XII, Div.4, Ch.2.
OFFICERS OF CITIES, ETC.
§ 1708c.
annum; and shall before entering upon the performance of his duties take an
oath of office as now required of the city auditor, and give bond to the satis-
faction and approval of the mayor in the penal sum of five thousand dollars,
conditioned according to law for the honest and faithful performance of the
duties of his office. He shall open books of account with each department,
division or board of the municipal government; and each such department,
division or board, or the officer or person of each charged by law with the
duty of keeping the accounts of such division, department or board, shall, on
the first day of each and every month, or within five (5) days thereafter, make
and file with said supervising accountant a full, complete and correct detailed
statement of the business and expenses of the preceding month, including
therein such a statement of all moneys received by such department, board or
division, and the source or sources from whence received, and of all moneys
deposited or disbursed and with whom or to whom, for what, and by what
authority; or such summary thereof as said accountant may in writing specify,
with the written consent of the mayor or board of revision; and said account-
ant shall each month, and at such other times as the mayor or board of revision
of such city shall require or he may deem necessary, examine and investigate
each and every department, division or board of said city government; the
officers or persons charged with the duty of keeping such accounts, and the
books and accounts thereof, and all vouchers taken for disbursements in each
division, board or department, and all deposits or disbursements of such
officer, person, division, board or department, to verify the reports made to
him as above required, and ascertain the methods and condition thereof; and
he shall make and file with the mayor of such city a true report of the result
of each such investigation and examination; and such examination shall
include whether the statutes of the state, the ordinances of the city, and the
requirements of the board of revision, are complied with. He shall also be
authorized and empowered, with the advice and consent of the mayor, or the
board of revision, to require such officer, person, division, department or board
to adopt any improvement or change in the method of keeping the books or
accounts as he shall deem necessary to simplify or make better the system of
accounts therein kept; and the books and accounts of all such officers, persons,
departments, divisions or boards shall be open to his inspection at all times.
He shall also prepare each month a brief and condensed statement of the
accounts of each such department, division, board, officer or person as afore-
said, for the preceding month and of the money received and disbursed in and
by each, the source from whence received and the disposition made thereof,
including also a statemant of the business done and the expenses incurred in
each such department, division or board, and also the totals for the other
months prior thereto and beginning April 1st, of each year; such statement
shall also show the money in each fund at the end of each such preceding
months, and the resources and liabilities of the city. April 1st shall be
regarded as the beginning of the fiscal year for the purposes contemplated by
this act. He shall furnish a copy of such statement during each said month
to the mayor, and publish a copy thereof in at least two of the daily papers of
such city of different politics. [91 v. 46.]
SEC. 1708c. [Improved system for keeping accounts.] In cities of
the third grade of the first class, the supervising accountant, appointed with-
out confirmation by council as authorized by supplementary section 1708b of
the Revised Statutes, passed February 27, 1894, shall be and is hereby author-
ized in the name of such city to contract with the written approval of the
mayor for all necessary books of account and blanks, for his use in the dis-
charge of the duties of his office, and for the several boards, divisions and
departments of such city to put into successful operation any improved system
for keeping the accounts of such city; any such contract shall be at prices not
56
866
•
$$ 1709-1709a.
OFFICERS OF CITIES, ETC.
Tit. XII, Div.4, Ch.2.
in excess of ruling wholesale rates, and such a contract may also be made for
the payment of not to exceed one thousand dollars for royalty for the perma-
nent use by any such city of any copyrighted or patented system of account-
books: and all supplies so purchased and all contracts so made by said super-
vising accountant shall be paid out of the general fund of said city, and the
provisions of section 2702 of the Revised Statutes shall not apply thereto.
Any officer of said city who refuses to accept, adopt and use the method or
system of accounts and the books of account and blanks in accordance with
the provisions hereof, and of said supplementary section 17086 of the Revised
Statutes shall be subject to the penalty named in supplementary section 17206
of the Revised Statutes, and other penalties provided by law; and all provi-
sions of law inconsistent herewith, or with said supplementary section 17086,
are hereby declared void as to such inconsistency, but not otherwise. [91 v. 77.]
SEC. 1709: [Terms of officers.] Officers who are elected shall serve
two years, except the clerk of the police court, who shall serve three years,
except that in cities of the first grade of the first class, the city comptroller
shall serve three years, and [in] cities of the second and third grades of the
first class the city auditor and civil engineer shall serve three years; in cities of
the second grade of the first class, the solicitor shall serve four years; in cities
of the first grade of the first class the solicitor's term is hereby extended to four
years from the commencement thereof, and the term of the solicitor shall
thereafter be four years. And all officers who are appointed shall serve one
year, except as otherwise provided in this title. [1888, April 13: 85 v. 225;
77 v. 92; Rev. Stat. 1880; 74 v. 74, § 62.]
A street commissioner was elected at a special election in July, 1869, and at the annual election in April,.
1870, another person was elected, who entered upon the duties of the office: Held, that the term of the
officer elected in 1869 had expired: State v. Cook, 20 O. S. 252.
The office of clerk in cities of the second class is held by election, and not by appointment, within the
meaning of ? 1709 of the Revised Statutes. The term of office of such clerk is two years: State v. Squire, 39
O. S. 197.
In cities of the second class the term of office of city clerk is two years. State v. Squire, 39 O. S. 197, fol-
lowed: State v. Brady, 42 O. S. 504.
The practice of the council to elect a city clerk each year does not change the term of office. A clerk
elected for the statutory term of two years holds his office for that length of time, and is not estopped because
he became a candidate for re-election at the end of the first year: State v. Brady, 42 O. S. 504.
See State ex rel. v. Bryson, 44 O. S. 465.
SEC. 1709a. [Terms in Cincinnati; vacancies; mayor ineligible to
re-election; offices abolished; salaries; disposition of fees, etc.] In cities
of the first grade of the first class the mayor, auditor, treasurer, police judge,
corporation counsel, prosecuting attorney, and clerk of the police court shall
each serve three years; and the city clerk shall serve three years provided that
the incumbents of all of said offices, except comptroller and city solicitor, both
in cities which now are, and in those which may hereafter become cities of
said class and grade, shall hold the same until the expiration of the terms of
office for which they were respectively elected or appointed without change
of compensation, and if the term of office of any such incumbent expire,
whether from death, resignation or otherwise, before the time for holding such
a general municipal election as provided in section 1708a, the vacancy thus
'caused and created shall be filled by the mayor with the advice and consent
of the board of legislation, such appointee for such vacancy to hold until his
successor, to be elected at the next following general municipal election for the
election of mayor, auditor, treasurer, police judge, clerk of police court and
corporation counsel, shall have been elected and qualified. The mayor here-
after to be elected under the provisions of this act shall be ineligible to election
for two successive terms. Upon the election of the auditor and corporation
counsel as herein provided, the offices of city solicitor and comptroller shall
cease and determine, and the auditor and corporation counsel shall in all re-
spects be deemed successors of the comptroller and city solicitor, and, except
as herein otherwise provided, shall perform the same duties, and have the
867
Tit. XII,Div.4,Ch.2.
OFFICERS OF CITIES, ETC.
SS 17096-1713.
same powers now conferred upon or required of the comptroller or city solici-
tor. The said officers, except incumbents, holding over as aforesaid, shall
receive yearly salaries as follows: Mayor, $6,000; auditor, $5,000; corporation
counsel, $5,000; treasurer, $3,500; the judge, prosecuting attorney, and clerk
of the police court, the salaries which now are or may hereafter be prescribed
by law and the city clerk, $3,500; which said several salaries shall be payable
in monthly instalments, and shall not be increased or diminished during the
term of office of any of said officers, and none of said officers shall receive any
other or further compensation whatsoever. The compensation of all officers
shall be by stated salary; and all fees and perquisites authorized by law or
ordinance shall be paid into the city treasury, and unless otherwise provided,
shall be credited to the general fund. [91 v. 171; 88 v. 224.]
SEC. 1709b. [Beginning of terms in Cincinnati; incumbents' terms
extended.] In cities of the first grade of the first class, the term of office of
the mayor, auditor, treasurer, corporation counsel, police judge, prosecuting
attorney and clerk of the police court, shall commence on the first Monday in
July after their election or appointment; and the term of office of the above
officers at the time of the passage of this act shall be extended to the first
Monday of July following the expiration of their present term. [92 v. 43.]
SEC. 1710. [Additional officers.] The council may provide for the
appointment, or election by the electors of the corporation, wards or districts,
as the case may require, of such other officers as it may deem necessary for the
good government of the corporation, and the full exercise of its corporate
powers. [66 v. 160, § 63.]
SEC. 1711 [Appointment of officers, except as herein provided, to be
made by mayor with consent of council.] Except as otherwise provided in
this title, the appointment to every office created by law or ordinance shall be
made by the mayor, with the advice and consent of the council; the concur-
rence of a majority of all the members elected shall be required to confirm an
appointment, and in every vote resulting in confirmation, the names of those
voting, and how they voted, shall be recorded; provided, that the city clerk,
solicitor, treasurer, and clerk of the police court in cities of the first class, and
the city comptroller in cities of the first grade of the first class, and the city
auditor and civil engineers in cities of the second and third grades of the first
class, shall each appoint his assistants, subject to the confirmation of the coun-
cil. [1880, March 30: 77 v. 92, 93; Rev. Stat. 1880; 67 v. 69, § 64.]
See note to ¿´1708:
Under the act of April 3, 1885 (82 v. 101), it was held that the mayor had no power to remove the super-
intendent of police in the city of Cincinnati: State ex rel. v. Hudson, 44 O. S. 142.
A repeal by council of an ordinance creating an office, abolishes the office and the incumbent ccases to
be an officer: State ex rel. v. Jennings et al., 57 O. S. 423,
See note to Shaw v. Jones et al., 4 N. P. 378; 6 O. D. 453, under 2 1713.
Cited: Lillard v. Ampt, 4 N. P. 308.
See note to State ex rel. v. Darby, 12 C. C. 235, under 1724.
A fireman subject to a chief and having no control of the property of the fire department, is not an
officer: State v. Jennings, 57 O. S. 415.
And quo warranto will not lie against him: ld.
Chief of a fire department is an officer: Id.
Public officer defined: Id.
A person employed to trim electrical lights or run the engine in the light department is not an officer:
State v. Anderson, 57 O. S 429.
An office defined: Shaw v. Jones et al., 4 N. P. 378 ; 6 O. D. 453.
SEC. 1712. [Additional duties.] Officers whose powers and duties are
not defined in this title, shall perform such duties, and exercise such powers as
may be prescribed by ordinance. [66 v. 161, § 65.]
SEC. 1713. [Vacancies; Cincinnati; incumbent to serve till suc-
cessor qualified. Unless otherwise provided in this title, when an office
filled by the electors of the corporation becomes vacant, the mayor shall,
with the advice and consent of the council, fill the vacancy until the
next annual municipal election, when a successor shall be elected for any
868
§§ 1714-1717.
OFFICERS OF CITIES, ETC.
Tit.XII,Div.4, Ch.2.
unexpired part of the term, unless the vacancy occurs within ten days of
such election, in which event the appointment shall be for the unexpired term:
provided, that if more than sixty days intervene between the next annual
municipal election and the time any office, filled by the electors of the corpo-
ration, becomes vacant, the council may, in its discretion, require that a special
election be held to fill the vacancy, of which election the mayor shall give
public notice for at least ten days; except in cities of the first grade of the
first class, the mayor shall, with the advice and consent of the council, when
any municipal office, such as are designated in section 1709a, becomes vacant,
fill such vacancy for the unexpired term, as is provided in section 1709a; and
unless otherwise provided in this title, when in an office filled by council or
by appointment, a vacancy occurs, it shall be filled for the unexpired term by
the council, or by the board or officer making the appointment, as the case
may be; and, unless otherwise provided, all municipal officers shall serve until
their successors are qualified. [91 v. 172; 66 v. 161, § 66.]
A mayor regularly elected, holds his office until his successor is qualified: State ex rel. v. Wright, 56
O. S. 540.
And when he continues to serve as such, there is no vacancy and the council can not make an appoint-
ment to same: Id.
By successor is meant not a mere temporary appointee, but one regularly chosen in succession to the
offiee: Id. 554.
A councilman appointed by the mayor to fill a vacancy holds until his successor is qualified: State v.
Darby, 12 C. C. 235. Also see same case under
Also see same case under 22 1693 and 1724.
Cited: Harte v. Bode et al., 4 N. P. 423.
An office defined: Shaw v. Jones et al., 4 N. P. 378; 6 O. D. 453.
See ? 1693.
See notes to 21709.
See State ex rel. v. Hudson, 44 O. S. 142.
See State ex rel. v. Bryson, Ib. 465.
SEC. 1714. [As to special elections where office is created.] When
an office is created, and made elective by the electors of the corporation, and
more than sixty days will elapse before the annual municipal election, the coun-
cil may provide for a special election to fill such office, of which election at
least ten days' public notice shall be given by the mayor; but if council do not
provide for such special election, or sixty days will not intervene between the
time of creating such office and such election, the mayor shall, unless it is other-
wise provided, fill the office by appointment until such election, at which time
it shall be filled, as in other cases, by election. [69 v. 181, §71.]
SEC. 1715. [When removal a resignation.] When an officer removes
beyond the limits of the corporation, the act shall be deemed a resignation,
and the vacancy shall be filled as in other cases; but this provision shall not
apply to the city solicitor or police judge. [68 v. 115, § 67.]
Section mentioned Reiter v. State, 51 O. S. 74, 79.
SEC. 1716. [Fees, etc., when fixed by council.] Officers of municipal
corporations who are not prohibited from receiving compensation, or whose
compensation is not provided for by law, shall receive such fees or compensa-
tion for their services as [the] council may prescribe. [66. v. 161, § 68.]
It is an indictable offense in public officers to exact and receive anything more for the performance of
their legal duty than the fees allowed by statute: Gilmore v. Lewis, 12 O. 281.
See note to Ex parte Lawrence, 1 O. S. 431, under ? 426.
Salaries of officers of incorporated cities, due and unpaid, may be subjected by judgment creditors of
such officers to the payment of their judgments: City of Newark v. Funk, 15 O. S. 462.
SEC. 1717. [Change in fees, effect of.] The emoluments of an officer
whose election or appointment is provided for in this title, shall in no case
be increased or diminished during the term for which he may be elected or
appointed; nor shall any change in compensation affect any officer, whose office
is or may be created under authority of this title, during his term, unless the
office is abolished; and a person who resigns or vacates an office shall not be
eligible to the same, during the time for which he was elected or appointed,
when during the time the emoluments are increased; and no member of coun-
869
Tit. XII,Div.4,Ch.2.
OFFICERS OF CITIES, ETC.
S$ 1718-1718c.
cil shall be eligible to any other office, or to a position on any board provided
for in this title, or created by law, or ordinance of council, except as provided
in the seventh division of this title. [67 v. 69, § 69.]
An officer whose fees are regulated by statute can charge fees for those services only to which compensa-
tion is by law affixed: Debolt v. Cincinnati Tp., 7 O. S. 237.
The fees which the mayor of Cincinnati was entitled to charge for licenses in 1862 were for the benefit
of the city, and not for himself: Hatch v. Cincinnati, 17 O. S. 48.
Cited in State ex rel. v. Anderson, 45 O. S. 196.
A member of council is not eligible to be a member of the city decennial board of equalization, and the
appointment is a nullity: State ex rel. v. Kearns, 47 O. S. 566, 569.
Relates only to officers of a municipal corporation proper and a school board can therefore reduce sala-
ries of examiners: State v. Board of Education, 1 O. D. 644.ˆ
A councilman is ineligible to be a member of a board of education: State ex rel. v. McMillan, 15 C. C. 163.
Punctuation of section: Id. 166.
SEC. 1718. [Election of assessors.] In municipal corporations divided
into wards, an assessor shall be elected in each ward at every annual election.
He shall take the same oath, give the same bond and perform the same
duties as are provided with respect to township assessors. Provided, that
in any township, composed in part of a municipal corporation or municipal
corporations, the county commissioners may, by order entered on their journal,
constitute the territory outside such municipal corporation or corporations one
or more assessor districts, in each of which an assessor shall be elected, annu-
ally, in accordance with law. Provided, also, that nothing herein shall inter-
fere with the duties now devolving upon deputy state supervisors of elections.
[91 v. 76; 56 v. 156, §1; 76 v. 55; (S. & S. 85).]
Appointment of assessors by board of control in Hamilton, see ? (1545—299).
SEC. 1718a. [Assessors in certain cities shall appoint assistants; bond
and oath.] In cities of the third grade of the first class each ward assessor
shall, with the approval of the auditor of the county in which said city is
situated, appoint some well-qualified citizen of such city to act as assistant who
shall serve at a compensation of two dollars per day for each day or part of
a day actually employed, and each assistant so appointed shall within the
ward assigned, [whom] under the direction of the assessor appointing him,
after giving a bond in the sum of two hundred dollars and taking an oath as
prescribed by law, performing [perform] all the duties enjoined upon, vested in
or required of assessors, and shall be subject to all provisions of law relating to
assessors. [1883, April 18: 80 v. 182.]
SEC. 1718b (1). [Originally enacted in 87 v. 138, and amended in 88 v.
341, is repealed in 89 v. 286. For new law see §§ 28056 to 2805k.]
SEC. 1718b (2). [Assessors in Cincinnati.] In cities of the first grade of
the first class assessors shall not be elected, but the board of review shall, on
the first Monday of April in each year, or as soon thereafter as said board of
review shall be appointed and qualified, appoint an assessor for each ward,
who shall be a resident elector therein, and who shall take the same oath, give
the same bond and perform the same duties as are provided with respect to
township assessors, and in all cases where an assistant to such assessor shall
be necessary, said board of review shall also appoint such assistant, who shall
have the same qualifications as such assessor. In making all appointments of
assessors said board shall be governed solely by considerations of fitness for
the duties of the office, and shall entirely disregard political opinions and
party affiliations. [88 v. 225.]
SEC. 1718c. [Assessors in Springfield and Portsmouth.] In cities of
the second class, third grade a, and third grade c, there shall be appointed by
the board of tax commissioners, in April of each year, an assessor for each
ward, who shall be an elector thereof, and shall take the same oath, and give
the same bond, receive the same compensation, and perform the same duties as
are provided in respect to township assessors. [93 v. 614; 89 v. 18; 88 v. 160.]
Part of act creating new charter for Portsmouth to be submitted to electors.
Tax commissioners of Portsmouth to appoint assessors, see ? (2688—1a).
870
§§ 1719a-1720a.
OFFICERS OF CITIES, ETC.
Tit.XII,Div.4,Ch.2.
SEC. 1719a. [Enacted May 4th, 1891, is repealed in 90 O. L. 353.]
SEC. 1719. [Election of justices of peace and constables.] When the
limits of a municipal corporation are coextensive with the limits of the town-
ship, and the township becomes merged in the municipal corporation, the cor-
porate existence of such township shall, nevertheless, continue for the purpose
of electing the same number of justices of the peace and constables for such
township, who shall be voted for on the same ballot, provided, that in cities of
the second grade of the first class, and in cities of the second class, the corpo-
rate limits of which are coextensive with the township, justices of the peace
and constables for such township shall be voted for on the same ticket with
officers for such city; and the municipal officers holding such election shall
proceed in the same manner, and make like returns, as in case of election for
justices and constables held by the trustees and clerks in the townships. [69 v.
23; 56 v. 81, §2; S. & C. 766; (S. & S. 412).]
Whatever may have been the occasion of this enactment, whether to remove a doubt or to preserve an
office which would otherwise be abolished, it does not, by its terms, purport to destroy the township organiza-
tion in any case, or to merge it in that of a village or city: Curtiss v. McDougal, 26 O.Š. 74.
SEC. 1720. [Board of revision: its powers and duties.] The mayor,
the president of the board of councilmen and the solicitor of the corporation
shall constitute a board of revision, which shall meet as often as once in every
month, to review and investigate the proceedings of the council and of all [the]
other departments of the corporation government; and to report to council any
and all irregularities which may be discovered in any of the departments, or
in the acts of any of the officers or employes of any of the departments, and
they shall report whether any and what retrenchment in the expenses of the
corporation, and what improvement in any department of the corporation gov-
ernment can be made. In making an investigation provided for herein, they
shall have power to send for persons and papers, issue subpoenas and enforce
the attendance of witnesses and examine them under oath; and if a witness
shall refuse to attend or to testify when in attendance upon the board, the board
shall have power to commit such witness to jail for contempt of said board,
there to remain until he submits to attend, be sworn and testify; and if in the
course of such investigation, the testimony of any witness whose personal
attendance cannot be secured be desired, his deposition may be taken and used
in the investigation. They may employ, at a fair compensation, competent
accountants, to examine any books, papers, contracts or other writings con-
nected with any investigation; and they may also expend not to exceed one
thousand dollars in any one year in employing an attorney and a stenographer
and for other incidental expenses in conducting such investigations; and it shall
be the duty of all constables, police officers, police court officers, and other per-
sons thereto duly deputized by the chairman of said board, to serve subpoenas
and other process of said board. Witnesses, constables and other officers,
(except police officers,) in attendance at the investigation conducted under the
provisions of this section, shall be entitled to the fees and mileage prescribed
by law for similar services. [1887, February 21: 84 v. 32; 83 v. 169; Rev. Stat.
1880; 66 v. 261, § 658.]
As to Cleveland, see (1548-69); as to Cincinnati, see ? (2690-1).
SEC. 1720a. [Power to prescribe system of accounting.] The board
of revision shall have full power and authority to prescribe from time to time,
such forms of books, accounts, reports, and other methods of accountability for
the different departments of the corporation government, and shall formulate
and enforce such a general and uniform system of accounting as will secure the
most rigid accountability for the funds and property of the corporation. [1886,
May 15: 83 v. 169, 170.]
871
Tit.XII,Div.4,Ch.2.
OFFICERS OF CITIES, ETC.
$17206.
SEC. 1720b. [Effect of prescribing system; penalty for refusal to
adopt.] When the board has provided a system of accounting for any officer
or department as herein provided, such a system shall take the place of and be
substituted for any manner of accounting for such department or officer now
provided by law. And any officer of the corporation who refuses to accept and
adopt a system of accounting provided by the board in accordance with the
provisions hereof, shall be subject to removal therefor upon complaint filed
with the probate judge of the county as provided in section one thousand seven
hundred and thirty-two of the Revised Statutes. [1886, May 15: 83 v. 169, 170.]
SEC. 1720c(1). [Board of review in Cincinnati given certain powers.]
In cities of the first grade of the first class "the board of review" provided for
under an act entitled "an act supplementary to and amendatory to title 12
of the Revised Statutes of Ohio," passed on the 26th day of March, 1891,
shall have all the powers and perform all the duties heretofore conferred upon
and required of the board of revision under section 1720 of the Revised Stat-
utes of Ohio and the sections supplementary thereto. [88 v. 508.]
SEC. 1720C(2). [Suspension of officers in Toledo.] In cities of the third
grade of the first class the board of revision, in addition to the powers con-
ferred by section 1720, shall have the power to suspend from office, by unani-
mous vote, upon due hearing after written charges have been preferred and
heard, any elective or appointive officer of such municipality. Immediately
after such suspension said board of revision shall transfer all charges, papers,
and the findings thereon, together with a transcript of the proceedings of said
board, to and file in the probate court of the county in which such munici-
pality is located; within ten days after said papers have been transmitted to
said court the officer suspended may make application thereto, for a hearing
thereon, which application shall constitute an appeal from the findings of the
said board of revision, providing that said suspended officer shall not be
entitled to perform the duties, nor to receive the emoluments of office, during
the pendency of said hearing in said court. Proceedings upon said appeal
shall be conducted according to the provisions of the statutes in relation to
impeachment, save that no charges, in addition to those originating in said
board of revision, or notice thereon, shall be necessary. If such suspended
officer, within ten days after papers have been filed in the probate court_as
herein provided, shall not make application for a hearing thereon, the order
suspending said officer shall be final and constitute a removal from office, and
the vacancy so occurring shall be filled according to law. [90 v. 355.]
TIFFIN AND FOSTORIA-BOARDS OF REVISION.
Sections 1720i to 1720n repealed by this law.
(1720-1) [Probate judge to appoint; compensation; vacancies.] The
probate judge of each county in this state having at the federal census of
1890, or that by any subsequent federal census may have a population of not
less than 40,866 nor more than 40,870 shall within ten days after the passage
of this act and annually thereafter in the month of December appoint in and
for each city in such county, having by the next preceding federal census a
population of more than 7,000, four electors of such city, for one year, two
from each of the two leading political parties, each of whom shall have resided
in such city for five years next prior to such appointment, and shall be free-
holders in such cities and such appointees in each such city shall constitute and
be known as the annual board of revision of such city, and each shall be paid.
for the time actually devoted to the performance of their duties out of the city
treasury, on the certificate of the probate judge, so appointing said board, $3
per day, and no more; provided, that there shall not be so paid to any such
872
$ (1720-2).
OFFICERS OF CITIES, ETC.
Tit. XII,Div.4,Ch.2
member for one year more than $50; and the said probate judge so appointing
said board may fill any vacancies on said board, but an equal political division
as above set forth, shall at all times be maintained. [92 v. 465; 88 v. 282.]
(1720-2) [Organization; duty to investigate acts of city officers;
stenographer; reports and recommendations.] That the board of revision
mentioned in the preceding section shall organize by selecting one member as
president and one as secretary, and shall keep a record of its proceedings, and
all subpoenas, notices, orders and writs shall be signed by the president and
secretary; and said board shall annually and immediately after their appoint-
ment, carefully review, investigate and inquire into the proceedings, acts and
conduct of the city council and all other branches, offices and employees of
the city government, including the board of education, and shall carefully ex-
amine all contracts made and franchises given by said city authorities, and
examine and fully investigate as to the disbursements and condition of the
funds of the city, and fully inquire into any and all violation of law or of the
ordinances of such city and of all failure to enforce or observe the same, and
said board may employ a stenographer to aid in its work for a time not to ex-
ceed thirty days, at not to exceed $4 per day, which, upon the certificate of
said board, shall be paid out of the city treasury; and such board shall make
a written report of its findings and of all irregularities and derelictions which
may be discovered by it in any of the departments of the city government, or
of any branch or department thereof, including the present city council or any
persons who have been members of the city council concerning his official acts
while members of such city council and board of education and the officers
and employees of the city government, together with such recommendations
as in their judgments will advance the best interests and general welfare of
the city; and said board shall cause such report to be printed in the form of
bills or posters sufficient in number to comply with the requirements of this:
act, and shall sign each; and on or before the first day of June, annually, shall
deliver one copy thereof to the mayor, one to each member of the city council,
one to the probate judge, and one to the prosecuting attorney of the county;
and as to matters upon which the members of said board disagree, the said
reports shall be made as to show the findings, opinions and conclusions of
each. [92 v. 465; 88 v. 282.]
(1720-3) [Power to send for persons and papers, enforce attend-
ance, etc.] That said board shall have power to send for persons and papers,
to issue subpoenas and to examine all books, papers, contracts and vouchers
pertaining to the city government as aforesaid, and require the production.
thereof, and to enforce the attendance of witnesses throughout the state, and
either member shall have authority to administer all necessary oaths; and if
a witness shall refuse to attend or to testify when in attendance upon the
board, the board may cause such witness to be forthwith taken before the pro-
bate court of said county, and if it be found by the court that such witness
did not attend or testify as required by such board, he shall be committed to
the jail of the county for contempt, there to remain until he submits to attend,
be sworn and testify as required by such board. Where any city lies in more
than one county, the probate court of the county which by the next preced-
ing federal census had the largest proportion of the population of such city,
shall have and exercise the powers and jurisdiction herein given to such court.
[92 v. 465; 88 v. 282.]
(1720-4) [Ineligibility to membership.] That no person shall be
eligible to appointment to or hold the position of member of said board, who
has during the year next prior to the February of the year in which he is
appointed as such member held any office or position, whether elected or ap-
873
Tit. XII,Div.4,Ch.2.
OFFICERS OF CITIES, ETC.
§ (1720-5).
pointed, under the city government or been a member of the city council
during said time; nor shall any member of such board be eligible to appoint-
ment to any office under the government of such city for one year next after
the first day of the month in which he is appointed, except, that he may be
reappointed as a member of said board. [92 v. 465; 88 v. 282.]
(1720-5) [Subpoenas and depositions.] That the said board shall
have the power to issue all the necessary subpoenas and writs, and may direct
the same for witnesses living within the county to any marshal, police officer
or police court officer of such city, and they shall serve and execute the same
as directed; and for witnesses living without the county the said board
shall direct the subpoenas and writs aforesaid to the sheriff of the county in
which such witnesses reside and which subpoenas shall be served and executed
as directed by said board, and such boards shall have power to take the dep-
ositions of witnesses at any place outside of the county and require their
attendance for that purpose, and witnesses and officers other than city officers
and employees shall be entitled to the same fees and mileage as in other cases,
to be paid out of the city treasury on the order of said board. [92 v. 465; 88
v. 282.]
(1720-6) [Grand jury to have report.] The prosecuting attorney of
the county shall lay the copy of said report so filed with him before the grand
jury of his county at the next term of the court of probate after he receives
such report, for such action as they may deem proper, and their attention shall
be specially called to it by the court. That such probate court shall, upon the
passage of this act appoint said board and they may exercise all powers and
shall perform all of the duties herein named. [92 v. 465; 88 v. 282.]
SEC. 1721. [Oath, bond, etc., of county treasurer; examination of
funds.] In all cases where the treasurer of a county becomes treasurer of the
city and school funds by virtue of other provisions of this title, he shall qualify
in every respect as if he were elected to the office, by taking the official oath
and giving separate bonds acceptable severally to the city council and school
board of such city; said bond as city treasurer shall be made a part of the
record of the proceedings of the city council when accepted and approved, and
shall be carefully preserved by the city clerk, and the bond as treasurer of
school funds shall be made a part of the record of the proceedings of the board
of education, when accepted and approved, and shall be carefully preserved by
the clerk of said board; and in all examinations of the county funds by the
auditor and county commissioners, as provided by law, there shall, at the same
time and in the same manner, be an examination of the city and school funds
by at least one person for each fund, who shall be appointed by the county
commissioners; and in examinations of the county treasury, by order of the
probate judge, the accountants appointed by the judge shall count, examine
and certify as to the condition of the city and school funds at the same time,
and in the same manners as required by law in regard to the county funds.
[88 v. 85; 70 v. 66, § 1.]
(1721-1) [Cleveland board of examiners.] In any county where
there is a city of the second grade of the first class, the probate judge of such
county, upon the application of ten or more freehold residents of such city,
shall appoint competent disinterested citizens, not exceeding three in number,
not more than two of whom shall be of the same political party, to examine
without notice the affairs of any department, officer or employe of such city,
and the result of such examination shall be recorded in full in the office of the
mayor, and by him shall be transmitted to the council at its next meeting;
such citizens so appointed shall have power to administer oaths, compel the
attendance of witnesses and the production of papers and books, as they may
deem necessary to a full discharge of their official duty. [88 v. 243.]
874
§ (1721—2).
ELECTION OF OFFICERS.
Tit. XII, Div. 4, Ch. 3.
(1721-2) [Compensation.] Persons serving under appointment, as
provided in section one [§(1721-1)] of this act, shall receive from the city
treasury five dollars per day for each day employed; but the time employed
may be limited by the judge of the probate court. [88 v. 243.]
SEC. 1722. [Official board not to appoint one of its members to office.]
In cities of the first class it shall be unlawful for any official board to appoint
any member of it to any position within its gift, unless otherwise provided by
law, or for any member of such board to receive any such position from such
board which shall require an expenditure or the payment of any money from
funds belonging to the city or any of its departments. [72 v. 27, §1.]
SECTION
1723.
CHAPTER 3.
ELECTION OF OFFICERS.
Time of annual election in municipal corporations.
1724. Special election; filling vacancies.
1725. Designation of election places.
1726. Mayor's election proclamation.
1727. Who are electors.
1728. Election returns; when opened.
1729. Abstract of votes.
SECTION
1730. Judges and clerks of election.
1731. Tie vote; decision by lot.
1732. Charge of malfeasance, etc., in office.
1733. Proceedings on citation of probate judge.
1734. Challenge of jurors.
1735. The trial.
1736. Removal of officer, if found guilty.
1736-1. Election where a municipality has failed to
elect and has no officers.
See "an act providing for the appointment of distributors of ballots, the printing of
ballots, and the distribution thereof at polling places of cities in the second grade, in the
first class" (86 v. 329), ? (2948-1) et seq.
For ?? 1723-1730, see (S. & C. 1524).
Members of board of public affairs in Portsmouth may be removed in manner pro-
vided by this chapter, see ? (1707ƒ—24).
SEC. 1723. [Time of annual election in municipal corporations.] The
first Monday of April shall be the regular annual period for the election of
officers of municipal corporations; provided, that any village situate in a town-
ship where the annual elections are held outside of the limits of such village,
the council of such village may, by ordinance, fix the time for holding the
annual election for the officers of such village on the Saturday next preceding
the first Monday in April. [1882, February 16: 79 v. 10; Rev. Stat. 1880; 66 v.
161, § 70.]
>
SEC. 1724. [Special election; filling vacancies.] When a vacancy
happens in the members of the council, or board of aldermen, a special election
shall be held within twenty days thereafter, unless the annual municipal elec-
tion occurs within sixty days after the vacancy; and the mayor shall designate
the time and place, or places, of such election, but at least ten days' public
notice of it shall be given; provided, that in a village, the mayor, by and with
the consent of the council, shall have power to fill vacancies in the board from
the electors of the corporation, to serve till the next annual municipal_elec-
tion, when a person shall be elected to serve for the unexpired term. [92 v.
76; 69 v. 181, $71.]
See note to 21713.
Cited: Harte v. Bode et al., 4 N. P. 423.
An appointment by the mayor of a vacancy in council, made with consent of council, is for the unex-
pired term; the appointee serving until his successor is elected and qualified: State ex rel. v. Darby, 12
Misapprehension as to the true tenure of office of the appointee on the part of the mayor, appointee or
others, does not abridge the term: Id.
C. C. 235.
The consent of council need not be expressed by actual vote upon the direct question of approving the
mayor's choice if it be affirmatively and plainly given, and council need not take action upon a nomination
immediately, but if consent is given, the member can only be ousted in manner provided by statute: Id.
An appointment or election to fill a casual vacancy can not be held or made until the actual vacancy oc-
curs: Id.
875
Tit. XII, Div. 4, Ch. 3.
ELECTION OF OFFICERS.
§§ 1725-1731.
SEC. 1725. [Designation of election.] The council of every municipal
corporation shall designate the place or places for holding the regular elections;
and in all corporations divided into wards, there shall be a place or places in
each ward designated for holding elections. [67 v. 70, § 72.]
SEC. 1726. [Mayor's election proclamation.] The mayor, previous to
any election for a municipal officer or officers, shall issue a proclamation to
the electors of the corporation, or of the respective wards or districts, as the
case may require, setting forth the time and places of election, and the officers
to be chosen, and cause such proclamation to be published in some newspaper
printed in the corporation, at least ten days previous to the election, or, if no
such newspaper is published in the corporation, such notice may be given by
posters. [66 v. 161, § 73.]
Section 1726 made partially inapplicable by ? 2580, and by ? (1545-266).
SEC. 1727. [Who are electors.] A person who, at the time of an elec-
tion for municipal officers, is an elector for county officers, and resides in the
ward, or corporation, if there be no wards, in which he offers to vote, is a qual-
ified elector; and the elections shall be held and conducted, in all respects, in
the manner prescribed by law in case of township elections. [66 v. 162, § 74.]
SEC. 1728. [Election returns; when opened.] Returns of municipal
elections, in corporations which are divided into election districts or wards,
shall be made to the clerk of the corporation, and be opened by him within
the time prescribed for the opening, by the clerk of the court of common pleas,
of the returns of county elections. [66 v. 162, §75.]
See note to Lillard v. Ampt, 4 N. P. 305, under ? 1755.
SEC. 1729. [Abstract of votes.] The clerk, or in his absence or dis-
ability, some person to be selected by the council, shall call to his assistance
the mayor, and, in his presence, make an abstract and ascertain the candidates
elected, in all respects as required by law of the clerk of the court of common
pleas with respect to county officers; and he shall, in like manner, make a cer-
tificate as to each candidate so elected, and cause the same to be delivered to
him, or left at his usual place of abode: provided, that if there is no mayor,
or the mayor is absent, or disabled, or a candidate at such election, the clerk
shall call to his assistance a justice of the peace of the county. [66 v. 162,
$76.]
See note to Lillard v. Ampt, 4 N. P. 305, under 2 1755.
SEC. 1730. [Judges and clerks of election.] At elections in corpora-
tions which are not divided into election districts or wards, the mayor and
council, any three of whom shall be a quorum, shall serve as judges, and the
clerk shall serve as clerk; and after canvassing the votes given at such election,
the judges shall declare the result, and the clerk shall make and deliver to each
person elected, a certificate of such election. [66 v. 162, § 77.]
One set of judges and clerks for municipal and school elections in villages of less than
five hundred in more than one county, see ? (2926e−1).
SEC. 1731. [Tie vote; decision by lot.] If the result can not be
determined from the votes cast, for the reason that more than the number of
persons to be elected have an equal number of votes for the same office, then
the officers whose duty it is to ascertain the persons elected, shall determine by
lot which of such persons shall be declared elected; and the election of any
municipal officer, except a member of the council, may be contested in the
manner provided by law for contesting the election of justices of the peace,
except in cities of the first grade of the first class, such election may be con-
tested only in the manner provided for contesting the election of county
officers. [67 v. 70, § 78.]
State ex rel. Worthington v. Simpson (Ham. Dist. Court), 5 W. L. B. 422.
Contest of mayor's election, how conducted and effect of verdict: State v. Wright, 56 O. S. 540, 550.
876
SS 1732-1736.
ELECTION OF OFFICERS. Tit. XII, Div. 4, Ch. 3.
SEC. 1732. [Charge of malfeasance, etc., in office; citation by pro-
bate judge.] On complaint, under oath, filed with the probate judge of the
county in which the corporation, or the larger part thereof, is situated, by any
elector of the corporation, signed and approved by four other electors thereof,
charging that any member of the council or alderman has received, directly or
indirectly, any compensation for his services as councilman, alderman, com-
mitteeman, or otherwise, contrary, to the provisions of section sixteen hundred
and eighty-three or that any alderman, member of the council, or any officer of
the corporation, is or has been interested, directly or indirectly, in the profits
of any contract, job, work, or services, or is or has been acting as commissioner,
architect, superintendent, or engineer in any work undertaken or prosecuted
by the corporation contrary to the provisions of section sixty-nine hundred and
seventy-six, or that any alderman, member of council, or any officer of the cor-
poration has been guilty of misfeasance or malfeasance in office, such probate
judge shall forthwith issue a citation to such party, charged in the complaint,
for his appearance before him within ten days from the filing of such complaint,
and also furnish the accused and city solicitor with a copy thereof: provided,
that the probate judge shall require the party complaining to furnish sufficient
security for costs before acting upon such complaint. [68 v. 113, § 1.]
See ? 17206.
See ? 2228.
SEC. 1733. [Proceedings thereon.] On the day fixed by such judge
for the return of the citation, it shall be the duty of the solicitor to appear on
behalf of the complainant to conduct the prosecution, and the accused may
also appear by counsel, and a time shall be set for hearing the case, which time
shall not be more than ten days after such return; and if a jury is demanded
by either party, the probate judge shall direct the summoning of twelve men,
in the manner provided in the seventh division of this title: provided, that in
villages and cities in which there is no office of solicitor, or where the solicitor
is accused of any misfeasance or malfeasance in his office, it is hereby made the
duty of the prosecuting attorney of the county to appear on behalf of such com-
plainant to conduct the prosecution. [68 v. 113, §2.]
SEC. 1734. [Challenge of jurors.] On the day fixed for the trial, if a
jury is impaneled, either party may, in addition to the peremptory challenges
allowed by law in other cases, object, for good cause, to any juryman sum-
moned; and any vacancies occurring for any cause, may be filled by the pro-
bate judge from the bystanders, until the panel is full, unless the party charged,
or his counsel, demand a special venire to fill such vacancy. [68 v. 113, § 3.]
SEC. 1735. [The trial.] On the day designated for the trial, it shall
take place, unless continued, on affidavit for good cause, to another fixed time,
not exceeding ten days; and on the trial it shall be the duty of the solicitor to
appear for the prosecution, examine witnesses designated by the complainant,
and such others as he may discover, and either party may have process from
the probate judge to compel the attendance of witnesses. [68 v. 114, § 4.]
SEC. 1736. [Removal of officer, if found guilty; costs.] If the charges
in the complaint are sustained on the trial by the verdict of the jury, or the
decision of the probate judge when there is no jury, such judge shall enter the
charges and findings thereon upon the record of the court, and make an order
removing such officer from office, and forthwith transmit a certified copy of the
same to the presiding officer of the council, whereupon the vacancy shall be
filled as provided by law; and the cost and expenses of the trial shall be
charged upon the party filing the complaint, the accused, or the municipal cor-
poration, or apportioned among them, as the judge may see fit to direct, and
shall be collected as in other cases: provided, no costs or expenses shall be
charged to the accused, if upon such trial he is acquitted; and provided further,
877
Tit. XII, Div. 4, Ch. 3. ELECTION OF OFFICERS.
§ (1736—1).
that if proceedings in error are instituted by the officer complained of, to reverse
or vacate the order of the probate court, such officer shall not exercise the func-
tions of his office until such order is finally reversed or vacated. [68 v. 114,
$5.]
(1736-1) [Election where a municipality has failed to elect and has
no officers.] Whenever there has been in any municipal corporation, a failure
to hold an election for municipal offices for such corporation for one or more
years, so that such corporation is now without any officers whatever, it shall be
lawful for the qualified voters of such municipal corporation to hold an election
to fill the vacancies that exist in the elective offices of such corporation. Such
election shall be held at the time provided by law for holding the annual munici-
pal election, at the township hall within such corporation, if there be one, and
if not, at some other public place within the corporate limits. The voters of
said corporation who meet to open the polls at such election, shall select by a
viva voce vote the judges and clerks of such election, who shall be sworn to
perform their duties as such, by any officer authorized to administer oaths,
and shall conduct said election according to the ordinary mode of holding elec-
tions in other such corporations, and the said judges and clerks, who shall can-
vass said vote and declare the result, shall certify under their hands who have
been elected to the different offices of such corporation, and no further or other
returns shall be necessary in order to make the election of said officers legal.
That thereupon said officers shall qualify and enter upon the performance of
their duties, the same as if they had been regularly elected to fill said offices at
said election, and shall hold their offices for the full term thereof, under the
laws as they then exist as to such offices. That at the first meeting of the
council of such corporation, the members elected shall take the oath now pro-
vided for members of councils of such corporations, which may be adminis-
tered by any one authorized to administer oaths, and they shall then be called
to order by the oldest member, and he shall preside until the council shall be
organized by the election of the officers now provided by law for such coun-
cils; and thereafter such councils, and the officers elected of such corporation,
shall have the same powers and be in all respects governed by the same pro-
visions of the statutes as other councils and officers of municipal corporations
when no such vacancies exist. [86 v. 177, 118; 85 v. 78.]
878
§§ 1737-1739. OFFICERS: QUALIFICATIONS, ETC. Tit.XII,Div.4,Ch.4.
CHAPTER 4.
OFFICERS OF MUNICIPAL CORPORATIONS; THEIR QUALIFICATIONS, OATH, AND BOND.
SECTION
1737. Qualification; oath; solicitor.
1738. Official bond; defenses.
1739. Approval of bond; additional bond.
1740. Effect of failure to take oath or give bond.
SECTION
1741. If new bond required, notice to be given.
1742. Office vacant if notice not complied with.
1743. How sureties affected.
Officials in Portsmouth to qualify according to provisions of this chapter, see
? (1707ƒ—3).
An office defined: Shaw v. Jones et al., 4 N. P. 378; 6 (). D. 453.
SEC. 1737. [Qualifications; oaths; solicitor.] Each officer of the cor-
poration, or any department or board thereof, whether elected or appointed
as a substitute for a regular officer, shall be an elector within the corporation,
except as herein expressly provided, and before entering upon his official
duties, shall take an oath or affirmation to support the constitution of the
United States and the constitution of Ohio, and an oath or affirmation that he
will faithfully, honestly, and impartially discharge the duties of the office;
and the provisions as to official oaths shall extend to deputies, but they need
not be electors. And no person shall be eligible to the office of solicitor of the
corporation who is not an attorney and counselor of [at] law duly admitted to
practice in this state as provided by law. [92 v. 68; 66 v. 162, § 79; (S. & C.
1525).]
See notes to ? 2.
SEC. 1738. [Official bonds.] The official bonds of all municipal officers
shall be prepared by the solicitor; they shall, except as otherwise provided in
this title, be in such sum as the board of trustees or council shall prescribe, by
general or special' ordinance. and be subject to the approval of the mayor,
except that the mayor's bond shall be approved by the council, or if it [is] not
legally organized, by the clerk of the court of common pleas of the county in
which the corporation or the larger part thereof is situate; the condition that
the person elected or appointed shall faithfully perform the duties of the office,
shall be sufficient; and the fact that the instrument is without a seal; that
blanks, like the date or amount, have been filled subsequent to the execution
of it, but before its acceptance, without the consent of the sureties; that all the
obligees named in the instrument have not signed it; that new duties have
been imposed on the officer; or that any merely formal objection exists, shall not
be available in any suit on the instrument. [66 v. 163, § 81; 74 v. 142, § 80.]
Cited State v. Smith, 48 O. S. 211, 217.
Formal acceptance not essential. Filing bond without objection may be an acceptance: Barrett v. Reed,
2 O. 409.
Bond to township trustees, instead of township treasurer, may be enforced: Ib. See 10 0.111; 14 O. S. 487.
Rejection of bond may be shown by parol: Westerhaven v. Clive, 5 O. 136.
Bond may be good in part and bad în part; and may be good at common law, though bad under the
statute: State v. Findley, 10 O. 51.
Where, in an official bond, the name of the officer is recited therein, but he neither signs nor seals it, his
sureties, who do execute it, are liable: State v. Bowman, Ib. 445.
The sureties on an official bond are liable for the failure of the personal representative of the officer to
pay over money that came into his hands officially: Peabody v. State, 4 O. S. 387.
In an action against the surviving obligors of an official bond, the personal representatives of the prin-
cipal are not necessary parties: Hunt v. Gaylor, 25 O. S. 620.
When an official bond is tendered to council for its acceptance, in all respects unobjectionable, no dis-
cretion is left, and council must accept it: State v. Cincinnati, 11 O. S. 544.
When a bond is required to be given" to the acceptance of the county commissioners," two of the mem-
bers may legally accept and approve the same: Kelly v. State, 25 O. S. 567.
A statutory provision requiring the certificate of the prosecuting attorney as to the sufficiency in form
of an official bond, is merely directory, and the want of such indorsement does not invalidate the bond: Ib.
The sureties are liable for the drawing by the clerk of sums not allowed by council or for larger sums
than allowed and then appropriating them, or for cashing claims, allowed by council and belonging to third
parties and converting the same to his own use: Greenville v. Anderson et al., supreme court, 39 W. L. B. 383;
58 O. S 463.
The negligence of the treasurer for paying such warrants does not relieve sureties: Id.
SEC. 1739. [Approval of bond; additional bond.] Each officer named
in chapter two of this division, and all others, except as in this title provided,
879
Tit.XII,Div.4,Ch.4. OFFICERS: QUALIFICATIONS, ETC. §§ 1740–1743.
who may be required so to do, by law or ordinance, shall give bond, before
entering on the duties of the office; each officer may be required by the coun-
cil, in its discretion, at any time, to give a new or additional bond; each bond,
except the bond of the clerk, shall, upon its approval, be delivered to the city
clerk, who shall immediately record the same in a record provided for that pur-
pose, and file and carefully preserve the same in his office; and the bond of the
clerk shall be delivered to the city auditor, who shall in like manner record and
preserve the same. [74 v. 142, § 80.]
SEC. 1740. [Effect of failure to take oath or give bond.] The council
may declare vacant the office of any person elected or appointed to an office
who shall fail to take the oaths required in section seventeen hundred and thirty-
seven or to give any bond required of him, within ten days after he has been
notified of his appointment, or election, or obligation to give a new or addi-
tional bond, as the case may be. [67 v. 70, § 80.]
SEC. 1741. [If new bond required, notice to be given.] When the
council declares, by resolution, that an officer shall give a new bond, written
notice shall be served by the clerk of the corporation upon the officer desig-
nated, and a copy of the notice, with a statement of the time and place of
service, shall be recorded in the proceedings of the council. [74 v. 114, § 2.]
SEC. 1742. [Office vacant if notice not complied with.] If the officer
fail to give such new bond, with sureties, to the satisfaction of the council,
within ten days after such service, the council shall declare the office vacant,
and the vacancy shall be filled in the manner provided in this title. [74 v.
114. § 2.]
SEC. 1743. [How sureties affected.] When the new bond is accepted,
or the council declares the office vacant, the sureties in the original bond shall
cease to be liable for the acts of the officer done thereafter, but not for the acts
then already done. [74 v. 114, § 3.]
880
Tit. XII.
OFFICERS: POWERS AND DUTIES.
Div. 4, Ch. 5.
SECTION
CHAPTER 5.
CITY AND VILLAGE OFFICERS: POWERS AND DUTIES.
MAYOR.
1744. Mayor: his jurisdiction, powers, etc.
1744a. In Dayton police judge acts; mayor's salary;
his clerk abolished.
17446. Same in Ashtabula.
SECTION
1778. When tax-payer may institute suit.
1779. Final order in such case.
1780.
Solicitor's report.
1781. His salary.
1781a. Ciry solicitor in Portsmouth: appointment, etc.
STREET COMPTROLLER, FIRE ENGINEER, CIVIL ENGI-
NEER, SUPERINTENDENT OF MARKETS.
1745. Duties, fees, office, etc.
1746.
Further duties.
1747. Supervision of conduct of officers, etc.
1748. Mayor to record his protest against excess.
1749. Suspension of officers for neglect, etc.
1750. Annual report to council.
1782.
Various officers: their duties and compensa-
tion.
1783.
1784.
1751. Disposition of fines, etc.
Duty of sealer of weights and measures.
Comparison and sealing weights and meas-
1752. Appeal and error.
1753. Salary, etc., of mayor.
1754. Vacancy: how filled.
CLERK.
1755. Clerk; his duties; Portsmouth.
1756. City clerk to make detailed statement of re-
ceipts and expenditures.
1757. Statement to be posted at voting precincts, or
published in newspaper; penalty for neg-
lecting; publication in book form suffi-
cient.
1758. Shall report to state auditor, etc.
1759. Shall certify to court.
1760. Clerk of court shall record, etc.
1761. Penalty for neglect.
1762. When clerk shall perform duties of auditor.
1763. Shall deliver books, etc., to city auditor.
1764. Corporation seal.
CITY COMPTROLLER AND AUDITOR.
1765. Powers and duties of city comptroller and
auditor.
(1765-1) Election of comptroller in city of first
grade, first class.
(1765-2) Comptroller, when elected, to take charge
of books, papers, etc.
1765a. Duties of auditor.
1766. Have charge of books, etc.
(1766-1) [Repealed.]
(1766-2) [Repealed.]
(1766-3) [Repealed.]
(1766-4) [Repealed.1
(1766-5) [Repealed.]
TREASURER.
1767. Treasurer: his powers and duties.
1768. Further duties.
1769. Quarterly account.
1770. Compensation.
1770-1. Compensation to be allowed treasurer of
Hamilton for services as treasurer of water-
works and gas services.
1771. Duty of county treasurer.
1771-1. Cincinnati, its share of liquor tax required
to be paid by county treasurer.
1771-2. Redemption of obligations of previous year;
proviso.
1771-3. Excess of infirmary funds applied to police
purposes,
1772. Where village or township funds may be de-
posited.
1773. Duty of outgoing treasurer as to delivering
money, etc., to successor.
1773-1. When certain public funds may be kept in
bank.
SOLICITOR OR CORPORATION COUNSEL.
1774. Duties of city solicitor as to suits.
1775. City solicitor shall give opinions; Cincinnati.
1776. Pay over money.
1777. City solicitor shall apply for injunction in cer-
tain cases.
ures.
CLEVELAND DEPOSITARY ACT.
1784-1. Cleveland city and school funds to be de-
posited in a bank designated as the deposi-
tary for such funds; members of the de-
positary commission.
1784-2. Expenses; president and secretary; meet-
ings; records and papers; certified copies.
1784-3. Advertising for proposals from banks; what.
proposals shall contain; expense of adver-
tising.
1784-4. Opening of proposals; award of the use of
the public moneys; rejection of proposals;
re-advertising.
1784-5. Undertaking to be executed by the person
receiving such award; sureties required;
conditions of the undertaking.
1784-6. Undertaking to be submitted to and ap-
proved by council; new award in case of
failure to execute such undertaking; re-
jection of bids in case of such default; re-
advertising; award and undertaking there-
after.
1784-7. When a bank becomes such depositary; de-
mand of additional security; failure to
give; removal of the public moneys; tem-
porary depositary.
1784-8. Acceptance of certain interest-bearing bonds:
entirely or partly in lieu of the undertak-
ing aforesaid; indorsemeut on, said bonds;
their safe-keeping; interest thereon to be
paid to whom.
1784-9. Treasurer to act as custodian of such funds.
in case a depositary can not be secured ;
his disbursements; books and statements.
1784-10. City officers, etc., required to deposit public
moneys with city treasurer.
1784-11. Notice to treasurer of the selection of a de-
positary; deposits by treasurer in such de-
positary; city and school funds to be kept
separate; interest on such funds, bow
computed and credited; notice of such
credits; to whom to be given.
1784-12. Daily notices by depositary of treasurer's
deposits; how disbursements by the de-
positary shall be made; checks, warrants,
and orders.
1784 13. Daily statements required of treasurer;
books required to be kept; moneys, how
paid to treasurer; duplicate receipts.
1784-14. Payment of certain pay rolls in cash.
1784–15. Certain books to be kept by city auditor
and an officer of board of education as
checks upon the treasurer: treasurer's
statements to be certified, when correct;
discrepancies, how disposed of.
1784-16. Auditor and officer of board of education to
keep an account of each fund; issue of
warrants; their mouthly statements to the
depositary commission; to whom copies of
such statements shall be transmitted.
1784-17. When the auditor shall issue his warrants.
881
Tit. XII, Div.4, Ch.5. OFFICERS: POWERS AND DUTIES.
§ 1744.
SECTION
1784-18. Liability of the treasurer as affected by this
act.
1784-19. Statutory provisions conflicting herewith
are superseded hereby.
1784-20. Penalty for violations of this act.
TOLEDO DEPOSITARY ACT.
1784-21. Toledo; depositary for public funds; de-
positary commission.
1784-22. Their expenses; organization; meetings;
records and papers.
1784–23. Advertisement for proposals from banks
for use of the public moneys.
1784-24. Opening of proposals; award; rejection of
proposals, and rc-advertising.
1784-25. Undertaking, etc., required of depositary;
1784-26. The same to be submitted to and approved
by council; failure to execute same; new
award rejection of bids; re-advertisement.
1784-27. When bank becomes depositary; removal
of moneys: temporary depositary.
1784-28. Acceptance of interest-bearing bonds in
lieu of the undertaking aforesaid as addi-
tional security; indorsement; their safe-
keeping; interest thereon.
1784-29. Custody of such moneys when a depositary
can not be secured; disbursements by
treasurer; his books and statements.
1784-30. Duty of officers, etc., to deposit public
moneys with city treasurer.
1784-31. Deposits by treasurer in the depositary;
how interest on such deposits shall be com-
puted and credited.
1784-32. Depositary's daily notice to auditor; treas-
urer's checks; auditor's warrants.
1784-33. Daily statements by treasurer to auditor;
moneys, how paid to city treasurer.
1784-34. Payment of certain pay-rolls in cash.
1784-35. Books of the auditor showing treasurer's
receipts. deposits, etc.; correct statements
to be by him certified; discrepancies.
1784-36. Auditor's books showing balances; month-
ly statement to depositary commission;
copy to be transmitted to council; duty of
depositary and the commission as to treas
urer's checks.
1784-37. When the auditor shall issue warrants.
1784-38. Liability of treasurer as affected by this act.
1784-39. Statutory provisions conflicting herewith
superseded hereby.
1784-40. Penalty for violations of this act.
TIFFIN DEPOSITARY ACT.
1784-41. Depositary established.
SECTION
1784-42. Depositary commission.
1784-43. Proposals.
1784-44. Award of contract, etc.
1784-45. Bond.
1784-46. City solictor must approve bond.
1784-47. When bank becomes depositary.
1784-48. Interest-bearing bonds accepted as security.
1784-19. Treasurer to be custodian in interim.
1784-50. Where money deposited and by whom
paid out.
1784-51. Daily deposits; interest.
1784-52. Clerk to be notified daily of amount with
depositary, etc.; warrants.
1784-53. Semi-mouthly reports by treasurer, etc.
1784-54. Certain pay-rolls must be paid in cash, etc.
1784-55. Books to be kept by city clerk.
1784-56. Daily balances; monthly statements by
city clerk.
1784-57. Warrants by city clerk.
1784-58. Liability of treasurer, etc.
1784-59. School funds.
1784-60. Penalties.
·
1784-61. Depositary commission to act with county
commissioners in certain cases; repeals.
GALION DEPOSITARY ACT.
1784-62. Depositary created.
1784-63. Stationery; organization; meetings; rec-
ord and copies as evidence.
1784-64. Proposals.
1784-65. Awarding contracts.
1784-66. Bond.
1784-67. Bond to be approved by solicitor.
1784-68. When bank becomes depositary; addi-
lional security.
1784-69. Bonds in lieu of security.
1784-70. Treasurer to be custodian in interim.
1784-71. All public funds to be placed with treas-
urer.
1784-72. When money to be deposited with deposi-
tary; interest.
1784-73. Daily reports by depositary; how money
paid out.
1784-74. Semi-monthly statements by treasurer;
how money paid him.
1784-75. Certain pay-rolls to be paid cash.
1784-76. Books to be kept by city clerk.
1784-77. No order unless sufficient money; clerk's
monthly statements; comparison of ac-
counts.
1784-78. Warrants by clerk.
1784-79. Liability of treasurer.
1784-80. School funds.
1784-81. Penalty and compensation.
Mayor of Cincinnati, Cleveland, Toledo, Columbus, Dayton and Springfield to appoint
police matrons, see ? (2090-1) et seq.
Mayor of Cincinnati to appoint three directors of house of refuge, see ? (2805—1).
If mayor approves, director of charities may parole, see? 2100d.
To appoint board of public works in Cleveland, see ? (2231—2).
As to mayor of Cleveland, see ? (1545-28) et seq.
As to mayor of Columbus, see ? (1545-99) et seq.
As to mayor of Springfield, see ? (1545-216) et seq.
As to mayor of Akron and Youngstown, see ? (1545—268).
Veto power of mayor, ?? 1666 to 1668.
MAYOR.
SEC. 1744. [Jurisdiction, powers, etc., of mayor.] The mayor shall be
a conservator of the peace throughout the corporation; and within the limits
of the same shall have all the jurisdiction and powers of a justice of the peace
in all civil cases, and his proceedings therein may be reviewed in the same
manner, and he shall have jurisdiction in criminal cases as hereinafter provided.
[66 v. 169, § 114; (S. & C. 1510, 1511).]
An act found in 85 v. 285 gives justices of the peace, mayors, and police judges final
jurisdiction for violation of certain game laws. See? (6968-5).
57
882
§§ 1744a-1747. OFFICERS: POWERS AND DUTIES. Tit. XII,Div.4,Ch.5.
Private secretary of Cleveland mayor, see ? (1545—33).
Has final jurisdiction of penalty for using unbranded oil for mines, see ? 306a.
Restoration of lost or destroyed docket, see? (609—-1).
See ? (2672-10) on the subject of "license," as to duties of mayor (80 v. 129).
As to the power of mayor in villages, see ? 1823 et seq; in cities, see? 1816 et seq.
An appointment must be for the unexpired term, and a misapprehension in supposing it to be only
until the next election can not abridge the time: State v. Darby, 12 Č. C. 235.
The municipal act of 1852, which conferred on mayors of cities of the second class "all the jurisdiction
and powers of a justice of the peace in all matters civil and criminal," was not in contravention of the Con-
stitution, provided the same was passed by a vote of two-thirds of all the members elected to each house of
the general assembly. And in the absence of all showing in the record to the contrary, the act will, on error,
be presumed to have been passed by such vote: Steamboat N. Ind. v. Milliken, 7 O. S. 383.
Whether the journals may be resorted to for the purpose of determining that matter, see State v. Moffitt,
5 O. 358-363; State v. McCollister, 11 O. 46-55; Miller v. State, 3 O. S. 475; Fordyce v. Godman, 20 O. S. 1.
The mayor of an incorporated village has jurisdiction in bastardy proceedings concurrent with that of a
justice of the peace: Miller v. Oehler, 36 O. S. 624.
Where the governor, acting under the authority vested in him by the act of April 3, 1885 (82 v. 101),
removed the police commissioners of Cincinnati, it was held that the police power of the city did not thereby
revert to the mayor: State ex rel. v. Hudson, 44 Ó. S. 141.
The police justice appointed by council under 1831. has the same jurisdiction as the mayor has in of-
fenses against the state: Morgan v. Tighe, 12 C. C. 719; 1 O. D. 508.
SEC. 1744a. In Dayton police judge acts; mayor's salary; his clerk
abolished.] That in cities of the second grade of the second class the powers
and jurisdiction of the mayor, as provided in section 1744, Revised Statutes,
shall be performed, enforced and exercised by the police judge herein provided
for. And the mayor in such cities shall receive an annual salary of eight
hundred dollars, payable monthly from the city treasury; in such cities of the
second grade of the second class, the office of clerk of the mayor's court is
hereby abolished. [93 v. 376; 89 v. 137.]
As to mayor's clerk in Dayton, see ? 1707d-46.
SEC. 1744b. [Same in Ashtabula.] That in cities of the fourth grade a
of the second class the jurisdiction of the mayor, as provided in said section
1744 of the Revised Statutes, shall be performed, enforced and exercised by the
police judge herein provided for; and the council of such cities shall fix by
ordinance an annual salary of the mayor, which shall be payable quarterly
from the city treasury; and in such cities the office of clerk of the mayor's
court is hereby abolished. [91 v. 60.]
SEC. 1745. [Duties, fees, office, etc.] He shall keep a docket, and shall
be entitled to receive the same fees that are or may be allowed justices of the
peace for similar services; and he shall keep an office at some convenient place
in the corporation, to be provided by the council, and shall be furnished by
the council with the corporate seal of the corporation, in the center of which
shall be the words, "Mayor of the city of -," or, "Mayor of the village
of -
as the case may be. [66 v. 169, § 115.]
""
See ? (609-1).
Where by ordinance his salary is fixed, and it is provided he receive no more, any fees collected go to the
corporation: Hatch v. Cincinnati, 17 O. S. 48.
An officer whose fees are regulated by statute can charge fees for those services only to which compen-
sation is by law affixed. Fees are not allowed upon an implication: Debolt v. Township Trustees, 7 O. S. 237.
To the mayor is confided the "corporate seal of the corporation
corporate seal of the corporation;" to the clerk, the seal of his office.
To the mayor is confided the execution of such writings as the corporation may be called upon to issue; to
the clerk, the authentication of such papers as may require it: City of Tiffin v. Shawhan, 43 O. S. 186.
Quære: Would it be competent for the city council to authorize the city clerk to execute a conveyance
in behalf of the city under its corporate seal: Ib. 186, 187.
SEC. 1746. [Further duties.] He shall perform all the duties prescribed
by the by-laws and ordinances of the corporation; and it shall be his special
duty to see that all ordinances, by-laws, and resolutions of the council are
faithfully obeyed and enforced; and he shall sign all commissions, licenses,
and permits granted by authority of the council, or authorized by this title,
and such other instruments as by law or ordinance may require his certificate.
[66 v. 169, § 116; (S. & C. 1510, 1511).]
See note to city of Tiffin v. Shawhan, 43 O. S. 186, 187, under 2 1745.
This section is mandatory: Wheeler v. Gavin, 5 C. C. 246, 250.
SEC. 1747. [Supervision of conduct of officers.] He shall supervise
the conduct of all the officers of the corporation, inquire into and examine the
grounds of all reasonable complaints against any of them, and cause all their
883
Tit.XII,Div.4,Ch.5. OFFICERS: POWERS AND DUTIES. §§ 1748–1752.
violations or neglect of duty to be promptly punished or reported to the proper
authority for correction. [66 v. 169; §119.]
SEC. 1748. [Mayor to record his protest against excess of expendi-
ture.] If, in the opinion of the mayor, an expenditure is authorized by the
council exceeding the revenues of the corporation for the current year, it shall
be his duty to protest against such expenditure, and enter such protest, and
the reason therefor, on the journal of the council. [66 v. 261, § 657.]
SEC. 1749. [Suspension of officers for neglect, etc.] He shall, unless
otherwise provided, have power to suspend from office any lieutenant of police,
or any officer appointed by him under the authority of any law or ordinance,
for neglect of duty, misconduct in office, or other sufficient cause, and may
appoint other persons to fill the temporary vacancy occasioned thereby; and
all such suspensions, and the cause thereof, and all such appointments, shall
be by him reported to the council for their action at the next regular meeting
thereafter; but this section shall be subject to the provisions of the first four
subdivisions of chapter five, division five, of this title, so far as they are incon-
sistent with the power here granted to the mayor. [66 v. 170, § 121.]
Where the office is abolished, all right to the salary ceases: State v. Wright, 7 O. S. 333.
See note to 2029, Steubenville v. Culp, 38 O. S. 18.
The council may, in its discretion, approve or disapprove a suspension. Council may act upon such
information as may come to its knowledge. The disapproval of suspension by council terminates the
vacancy occasioned thereby, and the person appointed to fill it ceases to be an officer of the city: State v.
Heinmiller, 38 O. S. 101.
See State ex rel. v. Bryson, 44 O. S. 469.
SEC. 1750. [Annual report to council.] He shall, at the first regular
meeting of the council in April of each year, and at such other times as he
may deem expedient, report to the council concerning the affairs of the corpo-
ration, and recommend such measures as to him may seem proper. [66 v. 179,
$122.]
SEC. 1751. [Disposition of fines, etc.] All fines and forfeitures which may
be collected by the mayor, or which may in any manner come into his
hands, and all moneys which may be received by him in his official capacity,
other than his fees of office, shall be by him paid over to the treasury of the
corporation weekly; and at the first regular meeting of the council in each
and every month, he shall submit a full statement of all such moneys received,
from whom and for what purpose received, and when paid over; but all fines,
penalties, and forfeitures collected by him in state cases shall be by him paid
over to the county treasurer monthly. [66 v. 170, § 123.]
See note to Cleveland v. Jewett, 39 O. S. 271, under ? 2104.
A mayor of a city, in an action against him for the amount of fines, licenses, and forfeitures collected by
him, can not offset against such claim the amount of his uncollected costs on the mayor's docket: Deatrick v.
City of Defiance, 1 C. C. 340.
If the city council makes a settlement with the mayor, in which such offset is allowed, such action of
the council will not be a bar to the recovery by the city of the full amount of fines, licenses, and forfeitures
from the mayor: Ib.
SEC. 1752. [Appeal and error.] Appeals may be taken from the
decision of the mayor in civil cases, in the same manner as from justices
of the peace provided, that when a city or village extends into two or
more counties, the appeal shall be taken to the court of common pleas of the
county in which one or more of the defendants reside: a conviction under an
ordinance of any municipal corporation may be reviewed by petition in error,
in the same manner and to the same extent as was heretofore permitted on
writs of error and certiorari, and the judgment of affirmance or reversal may
be reviewed in the same manner; and for this purpose a bill of exceptions may
be taken, or a statement of facts embodied in the record on the application of
any party; but no such petition shall be filed except on leave of the court or a
judge thereof, and such court or judge has power to suspend the sentence, as in
criminal cases. [66 v. 170, $125; 72 v. 42, §1.1
The rule in Van Buskirk v. Newark, 26 O. S. 37, is changed by this section.
884
SS 1753-1756.
OFFICERS: POWERS AND DUTIES. Tit. XII,Div.4,Ch.5.
Leave to file is a condition precedent to the right to have a conviction under an ordinance of a munici-
pal corporation reviewed, and without such leave there can be no jurisdiction: Miller v. Village of Bellefon-
taine, 2 C. C. 139.
The bill of exceptions must be taken at the trial: no statute authorizes the mayor to grant time for it
after the trial. The statute as to civil cases, before justices, does not apply to criminal cases before the
mayor: Bradner v. Grundetisch, 8 O. D. 122; 15 C. C. 32.
Cited Flatau v. Mansfield, 14 C. C. 594; 7 O. D. 39.
SEC. 1753. [Salary, etc., of mayor.] The mayor shall, in addition to
the fees he may be entitled to, receive such salary, payable quarterly out of the
corporation treasury, as may be provided by ordinance; but the amount of
such salary shall neither be increased nor diminished during his term of office.
[66 v. 170, § 126.]
See ? 1717, and notes to decisions under the same.
SEC. 1754. [Vacancy: how filled.] In case of the death, resignation,
disability, or other vacation of his office, the council may, by the vote of a
majority of all the members elected, appoint some suitable person within the
corporation to act as mayor, and discharge the duties of the office until the
vacancy is filled, or the disability removed: provided, that at the next annual
municipal election occurring more than thirty days after such vacancy, a mayor
shall be elected for any unexpired term, unless the disability is of a temporary
character. [66 v. 171, § 127.]
Succession in Cleveland in case of absence, disability etc., see ? (1545-28).
A resignation creates a vacancy before it is accepted: Reiter v. State ex rel., 51 O. S. 74.
There is no vacancy to fill while he is holding over until a successor is qualified: State v. Wright, 56 O.
S. 540, 554.
As to clerk of hamlet, see 21648.
THE CLERK.
SEC. 1755. [Duties of clerk, etc., Portsmouth.] The clerk shall attend
all the meetings of the council, and make a fair and accurate record of all its
proceedings, and of all rules, by-laws, resolutions, and ordinances passed by
the council, and the same shall be subject to the inspection of all persons in-
terested; and in case of his absence from any meeting, the council shall appoint
one of its own number to perform his duties for the time; and in cities of
the second class, third grade a, and third grade c, he shall also act as clerk of
the board of public affairs, attend all of its meetings, and make an accurate
record of all its proceedings, and perform such other duties as may be required
by said board. [93 v. 614; 89 v. 19; 88 v. 160; 66 v. 171, § 128.]
Part of act creating new charter for Portsmouth to be submitted to electors.
As to Springfield, see also ? (1545—244).
For Hamilton, see (1545—302).
As to Portsmouth, see ? (1707ƒ—6).
The record may be contradicted in some respects, even collaterally: Anderson v. Commissioners of Ham-
ilton Co., 12 O. S. 635; State v. Cincinnati Gas L. & C. Co., 18 O. S. 262; Corry v. Gaynor, 22 O. S. 584; Hayes v.
Jones, 27 O. S. 218-230; Stephan v. Daniels, 27 O. S. 527; Lima v. McBride, 34 O. S. 338-351.
The clerk should make an accurate record of the proceedings of council: McClain v. McKisson, 15 C.
C. 517.
Council having the power to determine the truth of the record of its proceedings, the clerk cannot
change the record where council has at a succeeding meeting, adopted and disposed of the record of its pre-
vious meeting: Id.
Neither can the clerk be compelled to do so: Id.
The city clerk has no power and can not be clothed by ordinance with the power to appoint a superin-
tendent and janitors of a public or city hall: Lillard v. Ampt, 4 N. P. 272.
Also see note to same case under ¿2561.
and
SEC. 1756. [City clerk to make detailed statement of receipts and ex-
penditures.] He shall, on or before the third Monday in March of each year,
make and enter in the record book of the corporation, a detailed statement of
all the receipts and expenditures, the number and amount of bonds issued,
for what purpose of the corporation for the preceding year, stating from what
sources the money was received, and to whom paid, and for what purposes
expended and showing the exact condition of the several funds of the corpo-
ration, and all outstanding liabilities, if any, to whom due, and for what pur-
pose. [1883, March 21: 80 v. 65; Rev. State. 1880; 67 v. 71, § 129.]
In Cleveland the auditor makes this statement, see ? (3898—16); and in Dayton the
comptroller, see ? 1707d-28.
885
Tit. XII,Div. 4,Ch.5. OFFICERS: POWERS AND DUTIES. §§ 1757-1762.
SEC. 1757. [Statement to be posted at voting precincts, or published
in newspaper; penalty for neglecting; publication in book form sufficient.]
He shall cause a copy of said detailed statement, which shall be approved by
the mayor to be posted at the places of holding elections for officers of the cor-
poration, on the first Monday of April, annually; any incorporation having a pop-
ulation of over two thousand (2000), the clerk shall have same published once.
in some newspaper published or of general circulation in the corporation, at
least five days prior to the first Monday of April; and, upon the order of the
council, the clerk shall, at any time, furnish to it a detailed statement of all
receipts and disbursements, for such periods as it may require. Any clerk
refusing or neglecting to conform to the provisions of this and the next pre-
ceding section, shall be fined by the mayor, or police court as the case may be,
not more than thirty dollars or less than twenty-five dollars for the use of the
corporation. The provisions of sections one thousand seven hundred and fifty-six,
and one thousand seven hundred and fifty-seven shall not apply to any municipal
corporation that publishes annually a detailed statement of the receipts and
expenditures in book form or in any other printed manner. [1883, March 21:
80 v. 65; Rev. Stat. 1880; 67 v. 71, $130.]
SEC. 1758. [Report to auditor of state, etc.] He shall, on or before
the first Monday of June, in each year, report to the auditor of state the aggre-
gate expenses of the corporation for the preceding year, under the following
heads: school, police, streets, bridges, fire department, lights, poor, salaries, and
interest; and also the amount of the general corporation tax for all the preced-
ing objects, and for any others not enumerated, and the special taxes levied
and collected by the corporation for the same period: provided, that the city
auditor, in any city having such officer, shall perform the duties imposed upon
the clerk by this and the two preceding sections. [67 v. 71, §131; (S. & C.
1543).]
SEC. 1759. [Shall certify to the court election of certain officers.]
He shall certify to the court of common pleas of the county in which the cor-
poration is situated, the election of every officer of the corporation having power
to discharge the duties of a justice of the peace, or to take the acknowledgment
of deeds, or to certify depositions or affidavits to be used within the limits of
such corporation, with the date of such election, and the time when such officer
became legally qualified to discharge the duties of such office; which certificate
shall be made within ten days after such qualification. [66 v. 171, § 132;
(S. & C. 1536).]
SEC. 1760. [Clerk of court shall record, etc.] The clerk of the court
of common pleas shall record the certificates mentioned in the last section, in
the book in which the record of the election and qualification of justices of the
peace are kept; and the same fees shall be allowed to the officers certifying and
recording the same as are allowed for certifying and recording the election and
qualification of justices of the peace. [66 v. 171, § 133; (S. & C. 1536).]
SEC. 1761. [Penalty for neglect.] Every clerk whose duty it shall be
to make such certificate, or record the same when presented for record, who
neglects or refuses to perform the duties enjoined by this chapter, shall pay to
the treasurer of the corporation, for every such neglect or refusal, the sum of
fifteen dollars, to be recovered in a civil action, at the suit of such corporation;
and shall also be liable for all damages arising from such neglect or refusal;
and any corporation clerk who neglects to make report as provided in section
seventeen hundred and fifty-eight shall forfeit one hundred dollars, to be recovered
in a civil action, with costs, in the name of the corporation, and for its use.
[66 v. 172, § 134; 67 v. 71, §131; (S. & C. 1536).]
SEC. 1762. [When clerk shall perform duties of auditor, etc.] In
corporations in which there is no city auditor, the clerk shall perform the
886
§§ 1763-1765a.
OFFICERS: POWERS AND DUTIES. Tit.XII,Div.4,Ch.5.
duties of auditor, under the direction of the council, and such other duties
pertaining to his office as may be prescribed by the council; and he shall have
the charge and custody of the laws and ordinances, and the books, records, and
papers of the corporation, and shall carefully keep and preserve them in his
office, and shall certify all transcripts that may be required of any record or
paper in his office, and shall be entitled to receive therefor the same fees as
other officers for similar services. [66 v. 172, § 135.]
See note Lillard v. Ampt, 4 N. P. 305, under 1755.
SEC. 1763. [Shall deliver books, etc., to city auditor.] Upon the
creation of the office of city auditor, the clerk shall, upon demand deliver to
the incumbent of such office, when duly qualified, all the records, books,
papers, vouchers, and documents in his possession pertaining to the duties of
such auditor. [66 v. 172, § 136.]
SEC. 1764. [Corporation seal.] The council shall cause to be provided
for the clerk's office a seal, in the center of which shall be the name of the cor-
poration, and around the margin the words, "City Clerk," or in case of "
village, the words, "Corporation Clerk;" which seal shall be affixed to all
transcripts, orders, certificates, or other papers which it may be necessary or
proper to authenticate. [66 v. 172, $137.papers
See notes to City of Tiffin v. Shawhan, 43 O. S. 186, 187, under 1745.
CITY COMPTROLLER AND AUDITOR.
SEC. 1765. [Powers and duties of city comptroller and auditor.] In
cities of the first grade of the first class the comptroller, and in cities of the
second and third grades of the first class the auditor, shall have power to
administer oaths and take affidavits, and such other powers, and shall perform
such duties as may be prescribed by law, including those imposed by sections.
seventeen hundred and fifty-six (1756), seventeen hundred and fifty-seven (1757), and
seventeen hundred and fifty-eight (1758), or by any ordinance of the corporation
not inconsistent with the constitution and laws of this state and not incom-
patible with the nature of his office. And in cities of the first grade of the
first class the city comptroller shall have all the powers, exercise all the rights,
and perform all the duties now provided by law or ordinance for city auditors
in such cities; he shall attend the meetings of the finance committee of the
common council of such cities; until otherwise provided by ordinance he shall
have the same number of assistants, and they shall perform the same duties as
is now provided for the assistance of the auditor in such cities; and, until
otherwise provided by ordinance, he and his assistants shall receive such com-
pensation as is now provided by law for such auditor and his assistants. [1880,
March 30: 77 v. 92, 93; Rev. Stat. 1880; 66 v. 172, § 138.]
The act of 1880, March 30 (77 v. 92), was entitled "an act to amend sections 1708, 1709, 1711, and 1765 of the
Revised Statutes." After that part of the act amending 2 1765, follows 22 and 3, described, on page following,
as 1765-1 and 1765-2. Sections 4 and 5 are as follows:
SEC. 4. That said sections 1708, 1709, 1711, and section 1765, be and the same are hereby repealed: pro-
vided, however, that nothing herein contained shall be construed as affecting any office named, or any officer
already elected or appointed, except the auditor in cities of the first grade of the first class and his assistants.
"SEC. 5. This act shall take effect and be in force from and after its passage."
See note (2) to ? 1708.
Created for Hamilton, see ? (1545—291).
See ? (2672-3) et seq., on the subject of "license," as to duties of comptroller, (80 v. 129).
For two acts authorizing cities of the first grade, first class, to issue bonds for the relief
of sufferers by floods therein, see 80 v. 20; 81 v. 16.
For"
an act authorizing comptroller to issue bonds for paying arrears of debts in work-
house of city of the rst grade, urst class" 84 v. 113.
As to being partially applicable to Columbus, see ? (1545—200).
SEC. 1765a. [Duties of auditor.] In cities of the first grade of the first
class, the auditor shall, in addition to other duties which now are or may here-
after be prescribed by law or ordinance, discharge the following duties:
887
Tit.XII,Div.4,Ch.5. OFFICERS: POWERS AND DUTIES.
§ 1765a.
[Annual report.] Subdivision 1. At the end of each fiscal year he shall
submit to the board of legislation, printed in pamphlet or book form, a report
of the accounts of such city, verified by his oath or affirmation, showing the
revenue, receipts and expenditures, and sources from which the revenues and
funds are severally derived, and in what manner the same have been disbursed.
[92 v. 296; 89 v. 243; 88 v. 225.]
[Accounts of appropriations to be kept separately.] 2. He shall keep'
separate accounts for each specified item of appropriation made to each depart-
ment, and require all vouchers to state specifically against which of said items
the same are drawn. Each account shall be accompanied by a statement in
detail, in separate columns, of the several appropriations, the unpaid contracts
charged against each, and the balance standing to the credit of each.
[Appropriations not to be overdrawn.] 3. He shall not allow the amount
set aside for any appropriation to be overdrawn, or the amount appropriated
for one item of expense to be drawn upon for any other purpose, or by any depart-
ment other than [that] for which the appropriation was specifically made, nor
unless sufficient funds out of which said voucher is payable shall actually be in
the treasury at the time of the credit of the item upon which it is drawn.
[Auditor responsible if voucher approved contrary to law.] 4. If any
voucher presented to the auditor contain an item for which no appropriation
has been made, or which for any other cause should not be approved, he shall
forthwith notify the proper department of such fact, and if the auditor shall
approve any voucher contrary to the provisions of this act, he and his sureties
shall be individually liable for the amount of same.
[Evidence that claim is legal.] 5. Whenever a voucher or claim shall be
presented to him, he shall have the power to require evidence that the amount
claimed is justly due, and that there is no offset against the same, and for this
purpose may summon before him any officer, agent or employe of any depart-
ment of the city or any other person, and examine him upon oath or affimation
concerning such voucher or claim.
[Monthly statements.] 6. Detailed statements of the receipts and expen-
ditures of the several departments for the preceding month shall be made to
the auditor by the heads thereof, on the first Monday of each month.
[Auditing of accounts of other officials.] 7. The auditor shall, at the end
of each fiscal year, or oftener if required by the board of legislation, and also
upon the death, resignation or removal, or expiration of the term of any officer
of the city, audit, examine and settle the accounts of such officer before making
the final statement of account. The auditor shall cause notice of the audit to be
given to the officer or his legal representatives, and to his sureties or their legal
representatives, which notice shall be by copy served personally or at residence
or place of business, or in case the person to be served be a non-resident, by a
publication of a copy of such notice for ten days in a newspaper published and
of general circulation in such city; and if so desired by such officer or his
legal representatives, or any other interested person, an opportunity shall beʼ
given for hearing; and if such officer shall be found to be indebted to such
city, a statement of the account showing the amount of such indebtedness
shall be at once filed with the clerk of the superior court of such city, if there
be one, otherwise with the clerk of the common pleas court in the county in
which such city is situated, together with a copy of the notice above provided
for, verified by affidavit showing the service of the same, and such account shall
be placed by such clerk upon the docket of said court as a pending action,
summons to be served therein as in other civil actions, and said account to be
prima facie evidence of the amount of such indebtedness. If any person or
persons affected thereby shall be dissatisfied with such settlement and account
888
(1765-1).
OFFICERS: POWERS AND DUTIES. Tit. XII,Div.4,Ch.5.
as filed, he or they may, as in any other civil action, appear and defend by
filing an answer thereto, verified by his or their oath, setting up defense or ex-
ceptions to such account. At the earliest possible day allowed by law, the court
shall proceed to hear said cause upon said account as filed, and the answer
thereto and the testimony, giving the same precedence over other cases. Either
such city or any person so answering may demand a jury and the court shall
proceed to judgment therein as in any other civil action. From the time of
the filing of such account the amount thereof shall be a lien upon all the real
estate of the officer thereby shown to be indebted to such city and upon that
of his sureties, who shall also be named in said account not exceeding as to
such sureties the amount of the bond on which they are liable.
[Countersigning.] 8. The auditor shall countersign each receipt given by
the treasurer before it shall be delivered to the person entitled to receive the
same, and shall charge the treasurer with the amount thereof. [88 v. 225.]
(1765-1) SEC. 2. Election of comptroller in city of first grade of
first class.] At the first regular election held in every city of the first grade
of the first class, on the first Monday in April next after the passage of this
bill, there shall be elected by the electors of such city a comptroller, whose
term of office shall begin on the fifteenth day of April next following, and who
shall serve for three years, and until his successor is elected and qualified, and
until otherwise provided such comptroller shall give bond in such sum and in
such manner as is now provided for the auditor in such cities, and for the
first election of such comptroller, it shall be sufficient if five days' previous
notice of such election be given. [1880, March 30: 77 v. 94.]
(1765-2) SEC. 3. [Comptroller when elected to take possession of
books, papers, etc.] Immediately upon the election of a comptroller, and his
qualification, as herein before provided, the office of auditor in such city shall
then cease and determine; and such comptroller shall thereupon take posses-
sion of all the records, books, papers, vouchers and documents in the possession
or under the control of such auditor. [1880, March 30: 77 v. 94.]
The office is now auditor, but his duties and powers are the same, ? 1709a.
SEC. 1766. [Have charge of books, etc.] He shall have charge of all
books, records, and papers connected with his office, and shall carefully keep
and preserve the same in his office, and the same shall be subject to the inspec-
tion of all persons interested. [66 v. 172, § 139.]
(1766-1) SEC. 1. ["Comptroller" in certain cities. Repealed 88 v.
120; enacted, 1889, April 15: 86 v. 366.]
(1766-2) SEC. 2. [How appointed; term. Repealed 88 v. 120; en-
acted, 1889, April 15: 86 v. 366.]
(1766-3) SEC. 3. [General duties of comptroller. Repealed 88 v.
120; enacted, 1889, April 15: 86 v. 366.]
(1766-4) SEC. 4.
¿ April 15; 86 v. 366.]
[Further duties. Repealed 88 v. 120; enacted, 1889,
(1766-5) SEC. 5. [Bond. Repealed 88 v. 120; enacted, 1889, April 15:
86 v. 366.]
Section 6 of the act of 1889, April 15 (86 v. 366), provided "that sections one thousand seven hundred and
eight and one thousand seven hundred and eleven of the Revised Statutes, so far as they conflict with this act, be
and the same are hereby superseded."
THE TREASURER.
As to treasurer of hamlet, see ? 1648.
SEC. 1767. [Powers and duties of treasurer.] The treasurer shall keep
an accurate account of all moneys by him received, showing the amount
thereof, the time when, from whom, and on what account received; also of all
disbursements by him made, showing the amount thereof, the time when, to
whom, and on what account paid; and he shall so arrange his books that the
889
Tit. XII,Div.4,Ch.5. OFFICERS: POWERS AND DUTIES.
$1768-1771.
amount received and paid on account of separate funds, or specific appropria-
tions, shall be exhibited in separate accounts; and in addition to the ordinary
duties of such officer, he shall have such powers and perform such duties as
are prescribed in this title, or as may be required by ordinance of the corpora-
tion not inconsistent with this title, and not incompatible with the nature of
his office. [66 v. 174, § 151.]
For depositary acts for various cities see ? (1784-1) et seq.
See ? (2672-39), on the subject of "license," as to duties of the treasurer (80 v. 129).
City treasurer of Columbus to give additional bond as custodian of balance belonging
to city, see? 2720.
SEC. 1768. [Further duties of treasurer.] He shall demand and re-
ceive from the county treasurer all taxes levied and assessments made and
certified to the county auditor by authority of the council, and by the auditor
placed on the tax-list for collection, and from all persons authorized to collect
or required to pay the same; all moneys accruing to the corporation from judg-
ments, fines, penalties, forfeitures, licenses, and costs taxed in the mayor's and
police courts, and debts due the corporation; and he shall disburse the same.
on the order of such person or person[s] as may be authorized by law or ordinance
to issue orders therefor. [66 v. 174, § 152.]
SEC. 1769. [Quarterly account.] He shall settle and account with the
council quarterly, and also whenever the council may by resolution or ordinance
require; and he shall report annually to the council, at the first regular meet-
ing thereof in April, the condition of the finances of the corporation and the
amount received by him, and the sources whence received, and the disburse-
ments by him made, and on what account, during the year preceding the first
day of April; and such account shall exhibit the balance due on each fund
which may have come into his hands during the year. [66 v. 174, § 153.]
SEC. 1770. [Compensation.] He shall be allowed, as compensation for
the disbursement of moneys, other than school funds, which shall come into
his hands under the provisions of this title, such sum as the council may allow,
not exceeding the following in any year:
On the first five thousand dollars two per centum;
One [on] the next five thousand dollars one and a half per centum;
On the next ten thousand dollars one half of one per centum;
And on all sums that may be disbursed by him in excess of the above
amounts, one-fifth of one per centum; which compensation shall be paid out
of any money in the corporation treasury not otherwise appropriated; and no
other compensation shall be allowed corporation treasurers for services per-
formed under this title. [66 v. 174, § 154.]
See note to Shaw v. Jones et al., 4 N. P. 378; 6 O. D. 453, under ¿ 1711.
(1770-1) [Compensation to be allowed treasurer of (Hamilton) for
services as treasurer of water-works and gas-works.] In any city which
by the last federal census had a population of not less than seventeen thousand
and four hundred and not to exceed seventeen thousand and eight hundred, or
which at any subsequent federal census may have such a population, and
which owns and operates its own water-works and its gas-works, the treasurer
of any such city shall also by virtue of his office be treasurer of the water-
works and the gas-works, and he shall be allowed a compensation as treasurer
of said works the sum of five hundred dollars per annum, one-half of which
shall be paid out of the "gas-works fund," upon the order of the board of trus-
tees of said gas-works, and one-half shall be paid out of the "water-works
fund," upon the order of the board of trustees of said works. [88 v. 559.]
See notes to decisions under 2 1745.
SEC. 1771. [Duty of county treasurer.] The county treasurer shall,
on the first Monday of February and August in each year, pay over to the
890
§ (1771-1).
OFFICERS: POWERS AND DUTIES. Tit. XII,Div.4,Ch.5.
treasurer of the corporation all moneys received by him up to that date arising
from taxes levied and assessments made belonging to the corporation. [66 v.
175, § 155.]
(1771-1) [Cincinnati: its share of liquor tax required to be paid by
county treasurer.] The county treasurer of counties containing a city of the
first grade of the first class, shall pay over to the treasurer of such city, the
amount to which such city is entitled of the tax received by such county treas-
urer under the provisions of an act of the general assembly, entitled "an act
providing against the evils resulting from the traffic in intoxicating liquors,"
passed May 14th, 1886. And such city shall assume the liability, if any, that
will be imposed upon such county treasurer by reason of said tax having been
paid under protest. [84 v. 9.]
(1771-2) [Redemption of obligations of previous year; proviso.]
The board of public affairs, the board of police commissioners and the direc-
tors of the city infirmary of such city are hereby authorized and directed to
redeem or pay any obligations incurred during a previous year out of any
funds that may be received and appropriated for their use during the current
year; provided, however, that such obligations, together with the amounts
necessary for the support of such street-cleaning, police, and infirmary depart-
ments, in such city, shall not exceed the amounts apportioned and appropri-
ated by the tax commission of such city for such current year. [84 v. 9.]
(1771-3) [Excess of infirmary funds applied to police purposes.]
All moneys that may be received by the directors of the city infirmary of
cities of the first grade of the first class, after June 1, 1888, for the support
of such infirmary, from any source whatsoever, in excess of the amount
appropriated to and expended by such directors of such infirmary for the sup-
port, maintenance and operation of such infirmary, shall, on the 31st of
December of each year, the end of the fiscal year, be placed by the comptroller
of such city to the credit of and for the use of the police department of such
city. [1888, April 13: 85 v. 224; 84 v. 9.]
See ?? 1122 and 1123, as to payments by county treasurer.
SEC. 1772. [Where village fund may be deposited.] The moneys of
a village shall be kept in a burglar-proof safe belonging to said village, if such
there be; provided, however, that in any village the treasurer or person
intrusted with the funds of the same may, with the consent of the council of
such village and bondsmen of such village treasurer, deposit such funds in a
bank or other safe place, subject to the order of the treasurer or person making
the deposit, subject to such terms and conditions as to collateral security from
such bank, or person receiving such deposit, as council shall by resolution
direct; and the failure or inability on the part of any individual, corporation
or firm, with whom the funds of any village may have been deposited in
accordance with the foregoing provisions, to refund the same, shall release the
treasurer or other person making such deposit from liability to such village for
the loss thereof. [91 v. 365; 64 v. 65, §§ 1, 2; S. & S. 904.]
SEC. 1773. [Duty of outgoing treasurer as to delivering money, etc.,
to successor.] The corporation treasurer, and the county treasurer, when act-
ing as such, shall each, at the expiration of his term of office, or on his resigna-
tion or removal, deliver to his successor, all moneys, books, papers and other
property in his possession as treasurer; and in the case of the death or inca-
pacity of such treasurer, his legal representatives shall, in like manner, pay
over and deliver the money and property which was so in the treasurer's
hands, to the person entitled thereto. [55 v. 92, § 22; S. & C. 1602.]
(1773-1) [When certain public funds may be kept in bank.] In
cities of the first grade of the first class the city treasurer upon giving bond as
891
Tit.XII,Div.4,Ch.5. OFFICERS: POWERS AND DUTIES. §§ 1774–1777.
required by law, and having no sufficient burglar and fire-proof safe, may, by
and with the consent of his bondsmen, deposit the funds and moneys of said
city in such bank or banks as to him may seem best and safest for the interests
of said city, but such deposit shall be so conditioned as to be subject at all
times to the warrant and orders of said treasurer as required by law to be drawn.
SEC. 2. That all profits arising from such deposit or deposits shall inure tc'
the benefit of said city. [81 v. 195.]
THE SOLICITOR OR CORPORATION COUNSEL.
SEC. 1774. [Duties of solicitor or corporation counsel as to suits.]
The solicitor or corporation counsel shall, whenever required so to do by resolu
tion of the council, or of the council or board of administration in cities of the
first grade of the first class, or of the council or board of control in cities of
the second grade of the first class, prosecute or defend, as the case may be, for
and in behalf of the corporation, all complaints, suits and controversies in
which the corporation is a party, except cases before the police court where
there is a prosecuting attorney for such court and such other suits, matters and.
controversies as he shall, by resolution or ordinance, be directed to prosecute;
but shall not be required to prosecute any action before the mayor for the vio-
lation of any ordinance without first advising such action. [90 v. 132; 85 v.
249; Rev. Stat. 1880; 66 v. 175, § 157.]
For the duties of the city solicitor as to boards of education, etc., see ? 3977.
For director of law in Cleveland, see ? (1545-63) et seq.
Same in Columbus, ? (1545—122).
For Hamilton, see (1545-304).
In condemnation proceedings, where it is the duty of the solicitor to furnish vouchers, and he refuses
to furnish them, he may be compelled by mandamus: Ryan v. Hoffman, 26 O. S. 109.
The solicitor is a public officer elected by the people, and, when required to do so by resolution of the
council, he shall prosecute or defend for and in behalf of the corporation, except in certain cases: State ex
rel. Silsbee v. Boyce, 43 O. S. 52.
SEC. 1775. [City solicitor shall give opinions; Cincinnati.] When
any officer of the corporation entertains doubts concerning the law in any mat-
ter before him in his official capacity, and desires the opinion of the solicitor,
he shall clearly state to the solicitor, in writing, the question upon which the
opinion is desired, and thereupon it shall be the duty of the solicitor, within a
reasonable time, to reply orally or in writing to every such inquiry; and the
right here conferred upon officers shall extend to the council, and to each board
provided for in this title; provided, however, that in cities of the first grade of
the first class, the city solicitor shall, in his official capacity, also act as the legal
adviser of, and attorney for the board of police commissioners. [1888, April 13:
85 v. 225; Rev. Stat. 1880.]
Prior to the amendment of April 13, 1888, the city solicitor of Cincinnati was not the attorney for the
board of police commissioners: Yaple v. Police Commissioners, 2 C. C. 406.
SEC. 1776. [Pay over money.] He shall pay over to the treasurer all
moneys which may come into his hands belonging to the corporation, or which
may come into his hands by way of fines, forfeitures, costs, or otherwise, and
take the treasurer's duplicate receipt therefor, one of which he shall file with
the clerk of the corporation, or in case there be an auditor, then with such
auditor. [66 v. 175, § 158.]
SEC. 1777. [City solicitor shall apply for injunction in certain cases.]
He shall apply in the name of the corporation, to a court of competent juris-
diction for an order of injunction to restrain the misapplication of funds of the
corporation, or the abuse of its corporate powers, or the execution or perform-
ance of any contract made in behalf of the corporation in contravention of
the laws or ordinance governing the same, or which was procured by fraud or
corruption. And he shall likewise, whenever an obligation or contract made on
behalf of the corporation granting a right or easement, or creating a public duty,
892
*
$1778.
OFFICERS: POWERS AND DUTIES. Tit.XII,Div.4,Ch.5.
is being evaded or violated, apply for the forfeiture or the specific performance
of the same as the nature of the case may require. And in case any officer or
board fails to perform any duty expressly enjoined by law or ordinance, he
shall apply to a court of competent jurisdiction for a writ of mandamus to
compel the performance of such duty. [87 v. 122; 81 v. 188, 189; Rev. Stat.
1880; 66 v. 175, § 159; (S. & C. 1559).]
Action against railroads for penalties, etc., see ? 263.
The application for an injunction may be made by the city solicitor in the name of a tax-payer of the
corporation, with his consent, without it being made to appear that he had been requested in writing by the
tax-payer so to do: Cincinnati Street R. Co. v. Smith, 29 O. S. 291.
Contracts made by the council, granting to street railroad companies easements in the streets, are con-
tracts made in behalf of the city, within the meaning of this section: Ib.
Cited in Hubbard et al. v. Norton et al., 28 O. S. 132.
Where a contractor for paving a street has failed to perform his contract within the meaning of 2 2289, and
an assessment against the lots has been placed on the tax duplicate, and the county treasurer is proceeding to
sell the lots, the owners of such property may, in an action against the treasurer and the municipal corporation,
enjoin such proceedings. Sections 1777 and 1778, Revised Statutes, have no application in such case: Stone v.
Viele, 38 O. S. 314.
The city solicitor, of his own will, or at the request of a tax-payer, may bring suit for injunction to
restrain the abuse of corporate power: State ex rel. Silsbee v. Boyce, 43 O. S. 52.
A solicitor of a municipal corporation who brings suit under this section to enjoin the misappropriation
of money by council, is not required to give an undertaking: Forsythe v. Winans, City Solicitor, 44 O. S. 277.
The solicitor may bring a suit under this section for a mandatory injunction to compel a gas company
to charge ordinance prices for gas: Gas Light Co. v. Zanesville, 47 0. S. 35.
These sections are to protect the city's rights and not any tax-payer's rights: Knorr v. Miller, 5 C. C.
609, 614.
Under this section the solicitor may bring a suit to compel a Gas Co. to observe its contract: Toledo v.
North western Ohio Nat. Gas Co., 5 C. C. 557.
The police fund in Cincinnati is not a city fund, but is the police fund of the state for the territory of
Cincinnati: Yaple v. Police Commissioners, 2 C. C. 406.
Police commissioners' illegal contract, not involving city funds, is not an abuse of corporate power of
the city and hence not within this section: Fitzpatrick v. Bromwell, etc. Co., 5 N. P. 165.
The remedy under this section is alternative, not cumulative: Newark v. Newark Water-Works Co., 4 N.
P. 341; 6 O. D. 518.
As a violation of the injunction prayed for, under this section, the court will not declare a forfeiture of
the franchise: Id.
An injunction will not lie to prevent the expenditure of a fund when the taxes under the unconstitu
tional law have been collected and are in the treasury, the tax-payer having allowed the same to be levied
and collected: State v. Bader, 13 C. C. 23; 7 O. D. 1, aff'd 56 O. S. 718.
Does not apply to actions against board of education: Youmans et al. v. Board of Education, 13 C. C.
211; 7 O. D. 82.
Applies to municipal corporations: Id.
See note to Shaw v. Jones, 4 N. P. 372 ; 6 O. D. 453, under ? 1778.
Every contract made in violation of law or ordinance governing the matter, is an abuse of corporate
power: Shaw v. Jones et al., 4 N. P. 372; 6 O. D. 453.
A tax-payer, as such, cannot enjoin a grant for want of consents of abutters: Glidden v. Cincinnati, 4 0.
D. 423, Bull. 213.
SEC. 1778. [When tax-payer may institute suit.] In case he fail upon
the request of any tax-payer of the corporation to make the application pro-
vided for in the preceding section, it shall be lawful for such tax-payer to insti-
tute suit for such purpose in his own name, on behalf of the corporation; pro-
vided, that no such suit or proceeding shall be entertained by any court until
such request shall have first been made in writing. [87 v. 122; 67 v. 72, § 160;
(S. & C. 1559).]
See note to Stone v. Viele, 38 O. S. 314, under ? 1777.
See note to State ex rel. Silsbee v. Boyce, 43 O. S. 52, under ? 1777.
Action to enjoin city brought by one tax-payer, is a bar to another action for same cause; each represents
the public: Mathers v. Cincinnati (Ham. Dist. Court), 3 W. L. B. 551; (Cin. Sup. Court), Ib. 709.
No suit or proceeding brought by a tax-payer can be entertained to enjoin the council of a village for an
abuse of its corporate powers, until a request in writing has been made upon the solicitor, and he has refused
to proceed: Findlay Gaslight Co. v. Findlay, 2 C. C. 237.
When a tax-payer brings the action it should be in his name as a tax-payer on behalf of the corporation,
and not simply as a tax-payer: Hensley v. City of Hamilton, 3 C. C. 201; Wood v. Pleasant Ridge, 50. D. 51ʊ ;
12 C. C. 177.
See note to Buning ex rel. v. Railway Co., 1 C. C. 323, under ? 1779.
See note to State ex rel. Hamilton, 3 C. C. 10, under 2 1789.
An award of a contract under an invalid advertisement may be enjoined by the next lowest bidder
without applying to the city solicitor: Lake Shore Foundry v. Cleveland, 8 C. C. 671; 10.
✓ 127.
So a person damaged in his property rights, by an improper structure in the street by the city, can seek
injunction without applying to the solicitor; but if his claim is on behalf of the public generally he must
comply with the section; Herrick v. Cleveland, 7 C. C. 470.
So if a municipal corporation proposes to impose an illegal assessment on abutting owners: Mills v.
Norwood, 6 C. C. 305.
For injunctions against street railroad constructions, see notes under. ?? 2502, 3439.
Is remedial and should be construed so as to make the remedy a useful one: Gas & Water Co. v. Elyria,
57 O. S. 374, 383.
To enjoin void proceedings which lead to issue of bonds or a tax, it is not necessary to wait until the
fund is raised.
Unlawful exercise of a power possessed as well as assuming a power not conferred, is enjoinable: Gas &
Water Co. v. Elyria, 57 O. S. 374.
893
Tit. XII,Div.4,Ch.5. OFFICERS: POWERS AND DUTIES. §§ 1779-1781a.
Abuse of corporate powers within the meaning of this section refers to the unlawful or unauthorized
exercise of powers conferred as well as the exercise of powers not conferred: Gas & Water Co. v. Elyria, 57
O. S. 374.
Does not apply to actions against board of education: Youmans et al. v. Board of Education, 13 C. C. 211;
7 0. D. 82.
Applies to municipal corporations: Id.
This section is not to be applied to cases other than those mentioned: Wood v. Pleasant Ridge, 12 C. C.
181; 5 O. D. 516.
The action under this section must be brought on behalf of the municipality: Shaw v. Jones et al., 4 N.
P. 372; 6 O. D. 453.
But where this is not done the court will allow an amendment to the petition: Id.
The caption of the petition need not show that plaintiff is a tax-payer: Ampt v. Cincinnati, 5 N. P. 98.
Failure to aver refusal of the city solicitor to bring the suit was amended on hearing in: Brown v.
Toledo, 5 O. D. 115; 10 C. C. 642.
A party may bring the action although he will be indemnified against any costs and expense in bring-
ing the action, he having desired to bring the action, but was unable to undertake to pay the costs and ex-
penses, and this although the party indemnifying may be benefited by the success of the suit: McClain v.
McKisson et al., 15 C. C. 517.
SEC. 1779. [Duty of the Court.] If the court hearing such case is sat-
isfied that such tax-payer had good cause to believe that his allegations were
well founded, or if the same is sufficient in law, it shall make such order as the
equity and justice of the case demands; and in such case the tax-payer shall
be allowed his costs, including a reasonable compensation to his attorney.
[66 v. 175, § 161; (S. & C. 1559).]
Where an action is brought by a tax-payer not living on or owning any property abutting on the line of
a street railroad to enjoin its use, on the ground that the grant is illegal and void, it is not error in the court
to dismiss the case, the petition not averring and the evidence not showing that expense will be put on him
by taxation or otherwise, the petition having been filed after the road was completed and in operation: Bun-
ing ex rel. v. Cincinnati Street Ry. Co., 1 C. C. 323.
If the suit is in the private interest of the party, attorney fees will not be allowed: Brown v. Toledo,
10 C. C. 642; 5 O. D. 115.
The "equity and justice of the case" must be such as to require interference by the court, else the suit
is not sustainable: Sloane v. Peoples' Elec. Ry., 7 C. C. 84.
SEC. 1780. [Annual report.] He shall make a report annually to the
council, at their first regular meeting in April, of the business of his office, and
the moneys by him collected, during the year preceding the first day of April,
and such other matters as he may deem proper, in order to promote the good
government and welfare of the corporation. [66 v. 175, § 162.]
SEC. 1781. [His salary.] He shall receive such stated salary, payable
quarterly out of the corporation treasury, and such fees or compensation for
particular services, as the council may prescribe; and no additional counsel
shall be appointed or employed at the expense of the corporation, except by a
resolution of the council adopted for that purpose, specifying the case in which
such additional attorney is employed, and the reasons therefor, and may fix
the compensation to be paid, but in cities of the second class, third grade a, he
shall receive a salary of eighteen hundred dollars per annum, payable monthly
out of the corporation treasury, and no additional fees or compensation, except
that the council of any such city may employ him to revise or codify the ordi-
nances of any such city and pay him such compensation for such additional
services as the said council may prescribe. And he shall be the attorney of
all boards in the corporation; and in cities of the second class, third grade a,
in addition to his duties provided by section 3977, Revised Statutes of Ohio,
in relation to school boards and members and officers of school boards, he shall
apply in the name of the school board to a court of competent jurisdiction for
an order or injunction to restrain the misapplication of the public school
funds or the abuse of the powers of said board or the execution or perform-
ance of any contract made in behalf of said board in contravention of the laws
governing the same, or which was procured by fraud or corruption. [92 v. 30;
89 v. 19; 88 v. 161; 66 v. 176, § 163.]
Cited in Yaple v. Police Commissioners, 2 C. C. 406.
SEC. 1781a. [City solicitor in Portsmouth; appointment, etc.] In
cities of the second class, third grade c, the city solicitor, shall be appointed,
by the board of public affairs by and with the consent of council, for a term
894
$1782.
OFFICERS: POWERS AND DUTIES. Tit.XII,Div.4,Ch.5.
of three years, and he shall receive as compensation for his services, as such
solicitor, a salary of one thousand dollars per annum, payable quarterly; pro-
vided, that the city solicitor of such city in office when this act takes place,
may serve the remainder of the time for which he was elected. [93 v. 614.]
Part of new charter for Portsmouth to be submitted to electors.
STREET COMMISSIONER, FIRE ENGINEER, CIVIL ENGINEER, AND SUPERINTENDENT
OF MARKETS.
Appointment of city civil engineer by board of control, in Hamilton, see ? (1545—300),
Board of public affairs in Portsmouth to appoint city civil engineer, see ? (1707ƒ—18).
Board of control in Hamilton, successor of; exercises powers of city civil engineer, see
? (1545-290).
SEC. 1782. [Duties of various officers, and their compensation.] In
municipal corporations that have a street commissioner, fire engineer, civil
engineer, or superintendent of markets, those officers shall severally per-
form the duties prescribed by this title, and such other duties not incompatible
with the nature of their office, as the council may by ordinance require; and
each shall receive such compensation for his services, by fees or salary, or both,
as may be provided by ordinance. [66 v. 176, §§ 164, 165.]
For "
an act to define the duties of engineers in the construction of public roads'
(86 v. 120), see ? (3231—1) et seq.
""
SEC. 1783. [Duty of sealer of weights and measures.] The city or
village sealer shall, at least once in three years, compare the copies of standards
in his possession with those in the office of the county sealer. [58 v.78, § 10;
S. & S. 925.]
Under the general law relating to weights and measures, and the city charter of March 1, 1834, the city
council of Cincinnati had the power to appoint an inspector, or sealer of weights and measures, and to
enforce by fine the use of weights and measures sealed by such inspector: Huddleson v. Ruffin, 6 O. S. 604.
SEC. 1784. [Comparison and sealing weights and measures.] The
city or village sealer shall compare all weights and measures which are brought
to him for that purpose, with the copies in his possession, and when such
weights and measures are made exactly to agree with said copies, he shall seal
and mark such weights and measures. [58 v. 78, § 11; S. & S. 925.]
CLEVELAND DEPOSITARY ACT.
The Akron depositary act (86 v. 80) is repealed by act of 88 v. 130, which was itself
repealed in 89 v. 301.
The Akron and Youngstown depositary act (91 v. 819) was repealed in 92 v. 646.
(1784-1) SEC. 1. [Cleveland city and school funds to be deposited
in a bank designated as the depositary for such funds; members of the
depositary commission.] The money belonging to each city of the second
grade of the first class, and also the money belonging to the school district
composed wholly or in part of the territory of such city, shall be deposited by
the treasurers of the city and school district respectively, as hereinafter pro-
vided, in a bank or banks situated within the boundaries of the city and
school district to which the money belongs, and duly incorporated under the
laws of this state or of the United States, to be designated in the manner here-
inafter provided, as the depositary for such money, by a commission composed
of the mayor and corporation counsel of the city and the school director of
the board of education of the school district and their successors in office, and
to be known as the depositary commission, and for the purposes of this act, in
any such city having a public library board, all money raised for library pur-
poses, shall be held and construed to be money belonging to the school district
aforesaid; but the auditor shall keep a separate account thereof and credit
thereto a pro rata share of interest accruing under the provisions of this act.
[91 v. 263; 89 v. 225; 85 v. 197.]
895
Tit. XII,Div.4,Ch.5. OFFICERS: POWERS AND DUTIES. § (1784—2).
(1784-2) SEC. 2. [Expenses; president and secretary; meetings;
records and papers; certified copies.] The officers designated in the pre-
ceding section as constituting such depositary commission shall serve as mem-
bers thereof and without compensation; but the commission shall be provided
with necessary books and stationery at the joint expense of the city and school
district; and the mayor shall be president and the school director of the board
of education shall be secretary of the commission. The commission shall hold
meetings on the first business day of each month and whenever called to meet
by the president for a special purpose at the office of the mayor of the city,
and shall keep a record of its proceedings and file all official papers received
by it, which record and papers shall be open to the public inspection at any
session of the commission; and a transcript of any entry in such record or a
copy of any such paper, duly certified as such by the president and secretary,
shall be received as evidence in any of the courts in this state. [89 v. 225; 85
v. 197.]
(1784-3) SEC. 3. [Advertising for proposals from banks; what
proposals shall contain; expense of advertising.] That upon the first and
second Mondays in October, 1897, such commission shall publish in one daily
newspaper, printed and of general circulation in the city and school district a
notice which shall invite sealed proposals from all banks, coming within the
provisions of section one [§(1784-1)] which proposals shall stipulate the rate
of interest they will pay respectively for the use of one-third of the money
aforesaid from the first day of July, 1898, to and including the thirtieth day
of June, 1901, and upon the first and second Mondays in January, 1901, and
every three years thereafter such commission shall in like manner publish a
like notice which shall stipulate the rate of interest payable for three years from
and including the first day of July next succeeding such publication, and each
proposal shall contain the names of the sureties who will be offered upon the
undertakings of the bank filing the same, in case its proposal be accepted.
Such publication, and all other publications for such proposals, shall be at the
joint expense of the city and school district, and all depositaries under the
acts mentioned in the first section [S(1784-1)] hereof may continue to act as
such until June 30, 1898, upon furnishing new undertakings as required by
section 5 [(1784-5)] of said original act, as amended May 16, 1894. [92 v.
594; 91 v. 264; 85 v. 197.]
(1784-4) SEC 4. [Opening of proposals; award of the use of the
public moneys; rejection of proposals; re-advertising.] On the Monday
following the last publication of such notice, at the hour of twelve o'clock
noon, the commission shall, in open session, open such sealed proposals, and
shall award the use of one-third of such money to each of the three banks
offering the highest rate of interest therefor, or such commission may, if it be
deemed for the best interests of the city, accept or reject any or all proposals,
and it may readvertise for others. [91 v. 264; 87 v. 210; 85 v. 197.]
(1784-5) SEC. 5. [Undertaking to be executed by the persons re-
ceiving such award; sureties required; conditions of the undertaking.]
No award to any bank shall be binding until there shall be executed by such
bank and be accepted by the depositary commission a good and sufficient
undertaking, payable to the city, and a like undertaking payable to the board
of education of the school district, the former in a sum not less than five
hundred thousand dollars, to be recovered in the name of the depositary com-
mission, for the use of the city, and the latter in a sum not less than one
hundred thousand dollars, to be recovered in like manner, for the use of the
board of education of the school district. Such undertakings shall each be
signed by at least six freeholders of the city and school district as sureties, to
the satisfaction of the commission, and conditioned for the receipt, safe-keep-
ing and payment over, as provided herein, of all money which may come into
896
S (1784-6).
OFFICERS: POWERS AND DUTIES. Tit.XII,Div.4,Ch.5.
the custody of the bank under and by virtue of this act, and under and by
virtue of its proposal and the award of the commission, together with the in-
terest thereon at the rate specified in the proposal; and they shall be further
conditioned for the faithful performance by the bank of all the duties imposed
by this act upon the depositary of such money. [91 v. 265; 85 v. 197.]
(1784-6) SEC. 6. [Undertaking to be submitted to and approved
by counsel; new award in case of failure to execute such undertakings;
rejection of bids in case of such default; re-advertising; award and un-
dertaking thereafter.] The undertakings provided for above shall not be
accepted by the commission until they have been submitted to the counsel,
designated by statute, of the city and the board of education of the school
district respectively, and certified by him to be in due and legal form, and con-
formable to the provisions of this act, which certificate shall be indorsed on
each of them; and if the bank to which an award is made as aforesaid fail
to execute the undertakings required hereby, to the acceptance of the com-
mission, within three days after the award is made, the commission may award
the use of the money to any other bank the written proposal of which offers
the same rate of interest therefor as is designated in the proposal of such
defaulting bank; but if the proposal of no other bank offers the same rate of
interest as aforesaid, the commission may award the use of the money to any
bank the written proposal of which offers the next highest rate of interest
therefor; or the commission may, in case of default as aforesaid, reject any or
all bids, and advertise for others in the manner aforesaid; and in case of
an award after such default, the bank to which the award is made shall execute
undertakings as aforesaid, to the acceptance of the commission. [85 v. 197.]
(1784-7) SEC. 7. [When a bank becomes such depositary; demand
of additional security; failure to give; removal of the public moneys;
temporary depositary.] The bank to which an award is made shall, upon the
acceptance of such undertakings by the commission, become the depositary of
the money aforesaid, for the period fixed by section three [S(1784-3)] of this
act and until the undertakings of its successor are accepted by the commission;
but the commission may require additional security from the bank at any
time it deems the same necessary in such sum as it shall designate; and if
the bank refuse or neglect for the period of five days thereafter to give such
additional security, the removal of the money therefrom forthwith may be
ordered by the commission, and another bank designated to be the depositary
thereof temporarily, at such rate of interest or without interest, as the com-
mission may determine. The order for such removal, or for any removal
under the provisions of this act, shall be entered in the record of the proceed-
ings of the commission; and a copy thereof, duly certified as such by the
president and secretary of the commission, shall be transmitted to the city
auditor and a like copy to the auditor of the board of education of the school
district, and thereupon the city auditor shall issue his warrant for the with-
drawal of [the] money of the city from the depositary, and the auditor of the
board of education shall issue a warrant for such withdrawal of the money of
the school district, and thereupon the city treasurer as such, and as ex-officio
treasurer of the school funds, shall issue checks accordingly for the removal.
If the money, in case of such removal, be deposited in a bank designated as
a depositary temporarily, such bank shall before the receipt by it, of any of the
money, enter into undertakings as required by the preceding section, but if
no bank be so designated the money shall be disposed of as provided in section
nine [§(1784—9)]. [92 v. 594; 89 v. 225; 85 v. 281, 197.]
897
*
Tit.XII,Div.4,Ch.5. OFFICERS: POWERS AND DUTIES. § (1784—8).
(1784-8) SEC. 8. [Acceptance of certain interest-bearing bonds
entirely or partly in lieu of the undertakings aforesaid; indorsement on
said bonds; their safe-keeping; interest thereon to be paid to whom.]
The commission may, in lieu of either or both of the undertakings provided
for by preceding sections, accept as security, for money deposited as aforesaid,
interest-bearing bonds of the city or school district, or of the county within
which the depositary is located, the face value of which shall not be less than the
sum specified in section five [§(1784-5)] as the amount to be named in the
undertaking or undertakings in lieu of which such bonds are accepted; or the
commission may accept such bonds in lieu of either of such undertakings in full
and of the other in part; and in case of such acceptance as partial security the
commission shall require an undertaking for the remainder of the full amount of
the security specified in said section to be named in the undertaking, and in
the undertaking so required such acceptance of bonds as partial security, and
the extent thereof, shall be set forth. The hypothecation of such bonds shall
be by indorsement of the fact and purpose on the back of each, which indorse-
ment shall stipulate that the bond shall be the property of the city or of the
school district, as the case requires, in the event of any default on the part of
the bank in its capacity as depositary as aforesaid, and that its negotiation or
release by the commission shall require the signature of each member thereof.
The commission shall make ample provision for the safe-keeping of such
hypothecated bonds; and the interest thereon, when paid, shall be turned over
to the bank so long as it is not in default as aforesaid. [85 v. 197.]
(1784-9) SEC. 9. [Treasurer to act as custodian of such funds in
case a depositary cannot be secured; his disbursements; books and state-
ments.] If at any time for any cause the commission be unable to secure a
depositary as provided by preceding sections, the money shall remain in the
custody of the treasurer aforesaid, if in his custody at the time and if in a depos-
itary and its removal be ordered it shall be transferred to such treasurer, in the
manner provided in section seven [S(1784-7)] for removals, and in either case
such treasurer shall be custodian as aforesaid until such times as a depositary is
secured in accordance with the provisions of this act; and while he remains
such custodian the money shall be paid out by him on warrants of the city
auditor, and the warrants of the auditor of the board of education, respect-
ively, which in such case shall not be in duplicate; but he shall keep such
books and make such statements of receipts and payments, both as city treas-
urer and as treasurer ex officio as aforesaid, as [are] required by this act when
the money is in the custody of a depositary, except that such books and state-
ments shall show that the money is in his custody instead of being in the
custody of a depositary. [89 v. 226; 85 v. 197.]
(1784-10) SEC. 10. [City officers, etc., required to deposit public
moneys with city treasurer.] It shall be the duty of every board, officer,
agent and employe of each city of the grade and class aforesaid, excepting the
sinking fund commissioners, and of every officer or agent of the board of edu-
cation aforesaid, including the public library board and all officers and
employes thereof, in any city in which there is such board, having money in
their hands belonging to the city or school district, to deposit such money with
the city treasurer upon the taking effect of this act; and thereafter, such boards,
officers, agents and employes, except the director of charities and corrections,
and the officers of the public library board, as receive money on account of the
city or school district, shall deposit with such treasurer daily all money so
received by them; but the director of charities and correction and the officers
of the public library board shall make such deposits weekly. [91 v. 265; 87
v. 210; 85 v. 282.]
3
58
898
(1784-11).
OFFICERS: POWERS AND DUTIES. Tit. XII,Div.4,Ch.5.
(1784-11) SEC. 11. [Notice to treasurer of the selection of a de-
positary; deposits by treasurer in such depositary; city and school funds
to be kept separate; interest on such bonds, how computed and credited;
notices of such credits: to whom to be given.] Upon the receipt of a
written notice duly signed by the president and secretary of said commission,
and a warrant duly signed by the auditor, the treasurer aforesaid shall deposit
in the depositary or depositaries named in said notice, in such proportionate
quantities as shall be designated in said warrant, all the money in his custody
belonging to the city, less a sum not exceeding two thousand dollars; and all
the money in his custody belonging to the school district, less a sum not
exceeding five hundred dollars, and thereafter he shall, at the close of each
business day, in the proportion fixed by said warrant, deposit his total receipts
for the day, less any sum he may have used in cashing the city auditor's tax
abatement and refunding certificates issued by authority of the council; pro-
vided, that at least once in each month he shall present such certificates to the
city auditor; but money belonging to the city shall be deposited to the credit
of the city, and money belonging to the school district shall be deposited to
the credit of the school district. All money so deposited in any bank selected
as a depositary shall bear interest at a rate specified in the proposal of such
bank, to be computed on daily balances, and on the 30th day of June and the
31st day of December each year, and at any time the accounts are closed, the
depositary shall place such interest on the money of the city to the credit of
the city, and that on the money of the school district, to the credit of the
district, and, in writing, notify the city auditor of the amount so credited to
the city, which he shall credit to the interest fund of the city, and in like
manner the depositary shall notify the auditor of the board of education of
the school district of the amount so credited to the district, which shall be
credited to its several funds in proportion to the total amount of each deposited.
[91 v. 265; 89 v. 226; 87 v. 210; 85 v. 197.]
(1784-12) SEC. 12. [Daily notices by depositary of treasurer's
deposits; how disbursements by the depositary shall be made; checks;
warrants and orders.] Each depositary shall, in writing, notify the city
auditor, before noon of each business day, of the amount of deposits to the
credit of the city made by the city treasurer the preceding business day, and
shall also notify the auditor of the board of education, in like manner, and at
the same time, of the amount of deposits to the credit of the school district
made by the treasurer of the school funds the preceding business day; and
the depositary shall pay out money deposited under the provisions of this act
only on the checks of the city treasurer, as such, or as treasurer ex officio of
the school funds and no such check shall be valid or payable unless it have partly
printed and partly written on the same paper therewith a duplicate of the
warrant of the city auditor, or of the warrant of the auditor of the board of
education, as the case may be, authorizing the payment of the sum specified
in the check. All such warrants and orders shall be drawn and signed in
'duplicate, one of which shall have printed upon its face the word "original"
and the other shall have printed upon its face the word "duplicate," and shall
be and remain unsevered from the check of such treasurer. The auditor shall
so draw his warrants that there shall be at all times, as nearly as practicable, the
same amount of said money on deposit in each depositary. [91 v. 265; 89 v.
227; 88 v. 191; 85 v. 197.]
(1784-13) SEC. 13. [Daily statements required of treasurer; books
required to be kept; moneys, how paid to treasurer; duplicate receipts.]
Before noon of each business day the city treasurer shall make to the city
auditor a sworn statement, showing the total amount of tax abatement and re-
funding certificates cashed since the last presentation thereof to the city auditor,
899
Tit. XII,Div.4,Ch.5. OFFICERS: POWERS AND DUTIES. § (1784—14).
as provided for in section 11 [S(1784-11)] of this act; and for the preceding
business day, the total amount of money received by him, the amounts depos-
ited in each depositary, the total amount of tax abatement or refunding certifi
cates cashed, the total amount of cash remaining in his hands, the number and
amount of checks issued on each depositary, and the balance in each depositary,
and he shall keep such books as shall enable him to make such statements; and
as treasurer ex-officio of the school funds he shall keep like books on behalf of
the school district, and make a like statement before noon of each business
day to the auditor of the board of education. All money paid to the city
treasurer shall be paid upon the order or draft of the city auditor, and all
money paid to the treasurer of the school funds shall be paid upon the order
or draft of the auditor of the board of education; and receipts given therefor
shall be in duplicate, one of which shall have printed upon its face the word
"original" and the other the word "duplicate. The duplicates of receipts
for money belonging to the city shall be filed with the city auditor, and the
duplicates of receipts for money belonging to the school district shall be filed
with the auditor of the board of education, and each duplicate shall be so
filed on the day of its date; and each receipt shall state the amount received,
from whom received, and to what fund or funds the same is to be applied. [91
v. 265; 89 v. 227; 87 v. 211; 85 v. 197.]
(1784-14) SEC. 14. [Payment of certain pay-rolls in cash.] The
salaries of all city officials and employes and the monthly pay-rolls of the
board of education of the school district may be paid in cash; and to provide
money for such payment, the city auditor, on behalf of the city, and the
auditor of the board on behalf of the school district, shall issue their respec-
tive warrants authorizing the issuance of checks upon the depositary for
amounts, to be stated in the warrants respectively, sufficient to meet such
demands; all other warrants shall be drawn in favor of the persons to whom
the amounts specified therein respectively are due or in favor of their assigns.
[91 v. 266; 89 v. 228; 87 v. 211; 85 v. 197.]
(1784-15) SEC. 15. [Certain books to be kept by city auditor and
an officer of board of education as checks upon the treasurer; treasurer's
statements to be certified when correct; discrepancies, how disposed of.]
The city auditor shall keep in his office books in which shall be entered the
receipts of the city treasurer's office daily, to the credit of the city, as shown
by the duplicate receipts returned to him by the treasurer, the amount of de-
posits by the treasurer daily with each depositary, to the credit of the city, as
shown by the statements of the respective depositaries, the daily aggregate
amount of warrants issued by him, and the balance at the close of each busi-
ness day to the credit of the city in the hands of each depositary; and the
auditor of the board of education shall keep books in his office with like
entries on behalf of the school district; and upon receipt by them, respectively, of
the sworn statements provided for by section thirteen [S(1784-13)], they shall
certify thereon to the correctness of the same, if, upon comparison with their re-
spective books, they be found to be correct, and shall file such statements in their
offices, respectively. If any such sworn statement to either be found incor-
rect, he shall forthwith give notice of such fact to the treasurer, and unless the
discrepancy be discovered and corrected immediately, he shall forthwith notify
the depositary commission thereof. [91 v. 266; 89 v. 228; 85 v. 197.]
(1784-16) SEC. 16. [Auditor and officer of board of education to
keep an account of each fund; issue of warrants; their monthly state-
ments to the depositary commission; to whom copies of such statements
shall be transmitted.] The city auditor, and the auditor of the board of
education, shall each keep in his office books which shall show the balance
daily to the credit of each fund of which he keeps an account, and shall issue
900
§ (1784—17).
OFFICERS: POWERS AND DUTIES. Tit. XII,Div.4,Ch.5.
no warrant payable from any such fund unless there is money belonging
thereto for the payment of the warrant in full; and on the first business day
of each month they shall each prepare and submit to the depositary commis-
sion a sworn statement for the preceding month, showing the total amount of
money received into and paid [out] of each fund of which they keep accounts,
respectively, the balance to the credit of each, and also the total balance of
money to the credit of the city and the school district, respectively, in the
custody of the depositary, which statement shall be placed on file by the com-
mission, and a copy of the statement made by the city auditor, duly certified
as such by the commission, shall be transmitted to the council of the city;
and a like copy of the statement made by the auditor of the board of educa-
tion aforesaid shall be transmitted to the school council of the board of educa-
tion and each shall be read in open session at the next meeting of the council
to which it is transmitted. [89 v. 228; 85 v. 197.]
(1784-17) SEC. 17. [When the auditor shall issue his warrants.]
The city auditor shall issue his warrants subject to the provisions of sections
fourteen and sixteen [§(1784-14), (—16)] of this act, and subject to such' reg-
ulations as the council may prescribe. [90 L. L. 112; 85 v. 197.]
(1784-18) SEC. 18. [Liability of the treasurer as affected by this
act.] Nothing in this act shall be held or considered as in any manner
changing or affecting the liability of the treasurer of the city or of the school
funds; provided, such treasurers shall not be held liable for the loss of any
money deposited as aforesaid while it is in the custody of the depositary. [85
v. 197.]
(1784-19) SEC. 19. [Statutory provisions conflicting herewith are
superseded hereby.] Any provision of the statutes of this state in force when
this act takes effect, which conflicts with any provision of this act, shall be
held to be superseded by the latter, as to the matter of inconsistency, and not
otherwise, as to cities and school districts aforesaid. [85 v. 197.]
(1784-20) SEC. 20. [Penalty for violations of this act.] An
officer, agent, or employe of any such city, or of the board of education of
any such school district, who willfully violates any provision of this act, or
willfully neglects or refuses to perform any duty imposed upon him by this
act, shall, upon conviction thereof, be fined in any sum not exceeding ten
thousand dollars, for the use of the city, if he be an officer, agent, or employe
of the city, and for the use of the school district if he be an officer, agent, or
employe of the board of education thereof, or be imprisoned in the peniten-
tiary not more than ten years nor less than one year, or both, at the discretion
of the court. [85 v. 197.]
TOLEDO DEPOSITARY COMMISSION.
(1784-21) SEC. 1. [Toledo: depositary for public funds; depositary
commission. The money belonging to each city of [the] third grade of the first
class shall be deposited by the treasurer of the city, as hereinafter provided,
in a bank situated within the boundaries of the city, and duly incorporated
under the laws of this state or of the United States, to be designated, in the
manner hereinafter provided, as the depositary for such money, by a commis-
sion composed of the mayor, the president of the board of councilmen and
the city solicitor of the city, and their successors in office, and to be known
as the depositary commission. [85 v. 237.]
(1784-22) SEc. 2. [Their expenses; organization; meetings;
records and papers.] That the officers designated in the preceding section
901
Tit. XII,Div.4,Ch.5. OFFICERS: POWERS AND DUTIES. § (1784-23).
as constituting such depositary commission shall serve as members thereof,
and without compensation; but the commission shall be provided with neces-
sarý books and stationery, at the expense of the city; and the mayor shall
be president, and the president of the board of councilmen shall be secretary,
of the commission. The commission shall hold meetings on the first business
day of each month, and whenever called to meet by the president for a
special purpose, at the office of the mayor of the city, and shall keep a record
of its proceedings, and file all official paper[s] received by it, which record
and papers shall be open to public inspection at any session of the commis-
sion; and a transcript of any entry in such record, or a copy of any such
paper, duly certified as such by the president and secretary, shall be received
as evidence in any of the courts in this state. [85 v. 237.]
(1784-23) SEC. 3. [Advertisement for proposals from banks for
use of the public moneys.] That upon the taking effect of this act, and there-
after biennially, such commission shall publish, in two daily newspapers
printed and of general circulation in the city, on the second day of the week,
for two consecutive weeks, a notice which shall invite sealed proposals from
all banks coming within the provisions of section one [S(1784-21)], which
proposals shall stipulate the rate of interest, not less than one per centum, that
will be paid for the use of the money aforesaid and as provided herein; and each
such proposal shall contain the names of the sureties who will be offered upon
the undertaking of the bank filing the same in case its proposal be accepted.
[1889, February 13: 86 v. 44; 85 v. 237.]
(1784—24) SEC. 4. [Opening of proposals; award; rejection of
proposals and re-advertising.] That on the Monday following the last publi-
cation of such notice, at the hour of twelve o'clock, noon, the commission shall,
in open session, open such sealed proposals, and shall award the use of such
money to the bank offering the highest rate of interest therefor; but if two or
more banks offer the same highest rate of interest therefor, the use of the
money may be awarded to either of them, or the commission may reject all
proposals and advertise for others in the manner aforesaid; and if no proposals
are received offering a rate of interest as required by section three [§(1784-23)],
the commission shall, at once, again advertise in the manner aforesaid for such
proposals; and if satisfactory proposals are not received the commission shall
continue, in the manner aforesaid, to advertise for such proposals until accept-
able proposals are received; but each said subsequent advertisement shall
also state whether any proposal was received under the preceding advertise-
ment, and if any was received, from what bank and the rate of interest offered.
[1889, February 13: 86 v. 44; 85 v. 237.]
(1784-25) SEC. 5. [Undertaking, etc., required of depositary.
That no such award shall be binding until there is executed by the bank, and
accepted by the commission, a good and sufficient undertaking, payable to
the city, in a sum not less than four hundred thousand dollars, to be recovered
in the name of the depositary commission, for the use of the city, and until
bonds have been hypothecated as provided for in section eight [S(1784-28)].
Such undertaking shall be signed by at least six resident free-holders of the city
as sureties, to the satisfaction of the commission, and conditioned for the receipt,
safe-keeping, and payment over, as provided herein, of all money which may
come into the custody of the bank under and by virtue of this act, and under
and by virtue of its proposal and the award of the commission, together with
the interest thereon at the rate specified in the proposal; and it shall be
902
§ (1784-26).
OFFICERS: POWERS AND DUTIES. Tit. XII,Div.4,Ch.5.
further conditioned for the faithful performance by the bank of all the duties
imposed by this act upon the depositary of such money. [85 v. 237.]
(1784-26) SEC. 6. [The same to be submitted to and approved
by counsel; failure to execute same; new award; rejection of bids; re-
advertisement.] That the undertaking provided for above shall not be
accepted by the commission until it has been submitted to the counsel of the
city, and certified by him to be in due and legal form, and conformable to
the provisions of this act, which certificate shall be indorsed thereon; and if the
bank to which an award is made as aforesaid fail to execute the undertaking
and hypothecate the bonds as required hereby, to the acceptance of the commis-
sion, within three days after the award is made, the commission may award
the use of the money to any other bank, the written proposal of which offers
the same rate of interest therefor as is designated in the proposal of such
defaulting bank; but if the proposal of no other bank offers the same rate of
interest as aforesaid, the commission may award the use of the money to any
bank the written proposal of which offers the next highest rate of interest
therefor; or the commission may, in case of default as aforesaid, reject any
or all bids, and advertise for others in the manner aforesaid; and in case of an
award after such default, the bank to which the award is made shall execute
an undertaking as aforesaid, to the acceptance of the commission, and hypothe-
cate bonds as provided for in section eight [§(1784-28)]. [85 v. 237.]
(1784-27) SEC. 7. [When bank becomes depositary; removal of
moneys; temporary depositary.] That the bank to which an award is made
shall, upon the acceptance of such undertaking and bonds by the commission,
become the depositary of the money aforesaid until the undertaking of its suc-
cessor is accepted by the commission; but the commission may require addi-
tional security from the bank at any time it deems the same necessary, in such
sum as it shall designate; and if the bank refuse or neglect, for the period of
five days thereafter, to give such additional security, the removal of the money
therefrom forthwith may be ordered by the commission, and another bank
designated to be the depositary thereof temporarily, at such rate of interest, or
without interest, as the commission may determine. The order for such
removal, or for any removal under the provisions of this act, shall be entered
in the record of proceedings of the commission; and a copy thereof, duly
certified as such by the president and secretary of the commission, shall be
transmitted to the city auditor, who shall issue his warrant for the withdrawal
of the money of the city from the depositary, and thereupon the city treasurer
shall issue a check accordingly for the removal. If the money, in case of
such removal, be deposited in a bank designated as a depositary temporarily,
such bank shall, before the receipt by it of any of the money, enter into an
undertaking and hypothecate bonds as required by this act; but if no bank
be so designated the money shall be disposed of as provided in section nine
[S(1784-29)]. [85 v. 237).]
(1784-28) SEC. 8. [Acceptance of interest-bearing bonds in lieu
of the undertaking aforesaid; as additional security; indorsement; their
safe-keeping; interest thereon.] That the commission may, in lieu of the
undertaking provided for by preceding sections, accept as security, for money
deposited as aforesaid, interest-bearing bonds of the city or of the county
within which the depositary is located the face value of which shall not be less
than two-thirds of the sum specified in section five [§(1784-25)] as the amount
to be named in the undertaking in lieu of which such bonds are accepted; and
903
Tit. XII,Div.4,Ch.5. OFFICERS: POWERS AND DUTIES. § (1784-29).
as additional security for money deposited under the provisions of this act, the
bank to which the award is made shall be required, before any of said money is
deposited, to hypothecate to the city, bonds of the city or county as aforesaid,
to the extent of one-third of the amount of the undertaking provided for by sec-
tion five [$(1784-25)]. The hypothecation of such bonds shall be by indorse-
ment of the fact and purpose on the back of each, which indorsement shall
stipulate that the bond shall be the property of the city in the event of any
default on the part of the bank in its capacity as depositary as aforesaid, and
that its negotiation or release by the commission shall require the signature
of each member thereof. The commission shall make ample provision for
the safe-keeping of such hypothecated bonds; and the interest thereon, when
paid, shall be turned over to the bank so long as it is not in default as
aforesaid. [85 v. 237.]
(1784-29) SEC. 9. [Custody of such moneys when a depositary
can not be secured; disbursements by treasurer; his books and state-
ments.] That if at any time, for any cause the commission be unable to
secure a depositary as provided by preceding sections, the money shall remain
in the custody of the treasurer aforesaid, if in his custody at the time, and if
in a depositary, and its removal be ordered, it shall be transferred to such treas-
urer, in the manner provided in section seven [S(1784-27)] for removals, and in
either case such treasurer shall be custodian as aforesaid, until such time as a
depositary is secured in accordance with the provisions of this act; and while he
remains such custodian the money shall be paid out by him on warrants of the
city auditor, which in such case shall not be in duplicate; but he shall keep such
books, and make such statements of receipts and payments, as are required by
this act when the money is in the custody of a depositary, except that such
books and statements shall show that the money is in his custody instead of
being in the custody of a depositary. [85 v. 237.]
(1784-30) SEC. 10. [Duty of officers, etc., to deposit public moneys
with city treasurer.] It shall be the duty of every board, officer, agent and
employe of each city of the grade and class aforesaid, having money in their
hands belonging to the city, to deposit such money with the city treasurer
upon the taking effect of this act, and thereafter such boards, (except the board
of cemetery trustees, the board of workhouse directors, the board of trustees of
the Toledo University, the board of health, and the board of trustees of the
public library), officers, agents and employes, as receive money on account of
the city, shall deposit with such treasurer daily, all money so received by
them, but the board of cemetery trustees, the board of workhouse directors,
the board of trustees of the Toledo university, the board of health, and the
board of trustees of the public library, shall make such deposits weekly. [91
v. 862; 85 v. 237.]
(1784-31) SEC. 11. [Deposits by treasurer in the depositary ;
how interest on such deposits shall be computed and credited.] That the
treasurer aforesaid shall, upon the receipt of a written notice, signed by the
president and secretary of the commission, stating that a depositary has been
selected in pursuance of the provisions of this act, and naming the bank
selected, deposit in such depositary all the money in his custody belonging to
the city, and thereafter he shall, at the close of each business day, deposit therein
his total receipts for the day. All money so deposited shall bear interest at the
rate specified in the proposal of the bank selected as depositary, to be computed
on daily balances; and on the thirtieth day of June and the thirty-first day of
December each year, and at any time the accounts are closed, the depositary shall
place such interest on the money of the city to the credit of the city, and, in
904
§ (1784-32).
OFFICERS: POWERS AND DUTIES. Tit.XII,Div.4,Ch.5.
writing, notify the city auditor of the amount so credited to the city, which
he shall credit to the interest fund of the city. [85 v. 237.]
(1784-32) SEC. 12. [Depositary's daily notice to auditor; treas-
urer's checks; auditor's warrants.] That the depositary shall, in writing,
notify the city auditor, before noon of each business day, of the amount of
deposits to the credit of the city made by the city treasurer the preceding
business day; and the depositary shall pay out money deposited under the
provisions of this act only on the checks of the city treasurer, and no such
check shall be valid or payable unless it have partly printed and partly
written, on the same paper therewith, a duplicate of the warrant of the city
auditor authorizing the payment of the sum specified in the check. All such
warrants and orders shall be drawn and signed in duplicate, one of which
shall have printed upon its face the word "original," and shall be filed and
kept in the office of the treasurer to whom it is issued, and the other shall
have printed upon its face the word "duplicate," and shall be and remain
unsevered from the check of the treasurer. [85 v. 237.]
(1784-33) SEC. 13. [Daily statements by treasurer to auditor;
moneys, how paid to city treasurer.] That before noon of each business
day the city treasurer shall make to the city auditor a sworn statement, show-
ing for the preceding business day the total amount of money received by
him, the total amount deposited in the depositary, the total amount of checks
issued on the depositary, and the balance in the depositary, and he shall keep
such books as shall enable him to make such statements. All money paid to
the city treasurer shall be paid upon the order or draft of the city auditor,
and receipts given therefor shall be in duplicate, one of which shall have
printed upon its face the word "original," and the other the word “ dupli-
cate." The duplicates of receipts shall be filed with the city auditor, and each
duplicate shall be so filed on the day of its date; and each receipt and dupli-
cate shall state the amount received, from whom received, and to what fund
or funds the same is to be applied. [85 v. 237.]
(1784-34) SEC. 14. [Payment of certain pay-rolls in cash.] That
the monthly pay-rolls of the departments of the city shall be paid in cash;
and to provide money for such payment the city auditor shall issue his war-
rants authorizing the issuance of checks upon the depositary for amounts,
to be stated in the warrants, sufficient to meet such demands; but all other
warrants and checks shall be drawn in favor of the persons to whom the
amounts specified therein respectively are due, or in favor of their assigns.
[85 v. 237.]
(1784-35) SEC. 15. [Books of the auditor showing treasurer's
receipts, deposits, etc.; correct statements to be by him certified; discrep-
ancies.] That the city auditor shall keep in his office books in which shall
be entered the receipts of the city treasurer's office daily to the credit of the
city, as shown by the duplicate receipts returned to him by the treasurer, the
amount of deposits by the treasurer daily with the depositary to the credit of
the city, as shown by the statements of the depositary, the daily aggregate
amount of all warrants issued by him, and the balance at the close of each
business day to the credit of the city in the hands of the depositary. And
upon receipt by him of the sworn statements provided for by section thirteen.
[S(1784-33)] he shall certify thereon to the correctness of the same, if, upon
comparison with his books, they be found to be correct, and shall file such state-
ments in his office. If any such sworn statement be found incorrect he shall
forthwith give notice of such fact to the treasurer, and unless the discrepancy
905
Tit. XII,Div. 4,Ch.5. OFFICERS: POWERS AND DUTIES. S (1784-36).
be discovered and corrected immediately he shall forthwith notify the deposi-
tary commission thereof. [85 v. 237.]
(1784-36) SEC. 16. [Auditor's books showing balances; monthly
statement to depositary commission; copy to be transmitted to council;
duty of depositary and the commission as to treasurer's checks.] That
the city auditor shall keep in his office books which shall show the balance
daily to the credit of each fund of which he keeps an account, and shall issue
no warrant payable from any such fund unless there is money belonging
thereto for the payment of the warrant in full; and on the first business day
of each month he shall prepare and submit to the depositary commission, a
sworn statement for the preceding month showing the total amount of money
received into and paid out of each fund of which he keeps accounts, the
balance to the credit of each, and also the total balance of money to the credit
of the city and in the custody of the depositary, which statements shall be
placed on file by the commission, and a copy of the statement made by the
city auditor, duly certified as such by the commission, shall be transmitted to
the board of councilmen of the city, which shall be read in open session at
the next meeting of the board to which it is transmitted. On the day afore-
said some officer of the bank acting as the city depositary shall file with the
depositary commission all checks of the city treasurer paid and redeemed by
the bank during the previous month; and the commission shall compare such
checks with the records of the auditor's office, and if they be found to corre-
spond the commission shall give the bank a receipt for the same, and shall
forthwith cancel and file such checks in the office of the auditor. [85 v. 237.]
(1784-37) SEC. 17. [When the auditor shall issue warrants.]
That upon the passage by the common council of any city of the grade and
class aforesaid, of an ordinance, duly approved, providing for the payment of
obligations of the city, the city auditor shall issue his warrants, subject to the
provisions of sections fourteen and sixteen [SS(1784—34), (—36)], for the pay-
ment of such obligations respectively; and he shall also, subject to the provis-
ions of said sections, issue his warrant for the payment of any claim that shall
be duly certified to him, in writing, as correct, and legally due the claimant, by
any board of the city authorized by law to incur obligations to be paid without
the sanction of the common council, and such certified claims shall be duly
filed and preserved by the auditor in his office, and shall be his vouchers for
the issuance of his warrants for their payment. [85 v. 237.]
(1784-38) SEC. 18. [Liability of treasurer as affected by this act.]
That nothing in this act shall be held or considered as in any manner changing
or affecting the liability of the treasurer of the city; provided, such treasurers
shall not be held liable for the loss of any money deposited as aforesaid while
it is in the custody of the depositary. [85 v. 237.]
(1784-39) SEC. 19. [Statutory provisions conflicting herewith su-
perseded hereby.] That any provision of the statutes of this state in force
when this act takes effect, which conflicts with any provision of this act, shall
be held to be superseded by the latter, as to the matter of inconsistency, and
not otherwise, as to cities aforesaid. [85 v. 237.]
(1784-40) SEC. 20. [Penalty for violations of this act.] That an
officer, agent, or employe of any such city, who willfully violates any provision
of this act, or willfully neglects or refuses to perform any duty imposed upon
him by this act, shall, upon conviction thereof, be fined in any sum not exceed-
ing ten thousand dollars, for the use of the city, or be imprisoned in the pen-
itentiary not more than ten years nor less than one year, or both, at the discre-
tion of the court. [85 v. 237.]
A
906
§ (1784—41). OFFICERS: POWERS AND DUTIES. Tit. XII,Div.4,Ch.5.
TIFFIN DEPOSITARY ACT.
(1784-41) SEC. 1. [Depositary established.] The money belonging
to each city having at the federal census of 1880, or that by any subsequent
federal census may have, a population of not less than 7,875 nor more than
7,885, and also the school district in which such city is situated, shall be de-
posited by the treasurer of the city and school funds, as hereinafter provided,
in a bank situated within the boundaries of the city and duly incorporated
under the laws of this state or of the United States, to be designated in the
manner hereinafter provided, as the depositary for such money, by a commis-
sion composed of the mayor, president of the board of education and the pres-
ident of the council, and their successors in office, and to be known as the
depositary commission of such city. [88 v. 208.]
(1784-42) SEC. 2. [Depositary commission.] The officers designated
in the preceding section as constituting such depositary commission shall serve
as members thereof, and the commission shall be provided with necessary
books and stationery at the expense of the city; and the mayor shall be president,
and the president of the council shall be secretary of the commission. The
commission shall hold meetings on the first business day of each month, and
whenever called to meet by the president for a special purpose at the council
chamber of the city, shall keep a record of its proceedings and file all official
papers received by it, which record and papers shall be open to public inspec-
tion; and a transcript of any entry in such record, or a copy of any such paper,
duly certified as such by the president and secretary, shall be received as evi-
dence in any of the courts in this state. [88 v. 208.]
(1784-43) SEC. 3. [Proposals.] Upon the taking effect of this act,
and thereafter biennially, such commission shall publish, in one newspaper
printed and of general circulation in the city and district, for two consecutive
weeks, a notice which shall state the amount of the undertaking to be re-
quired, and also invite sealed proposals from all banks coming within the pro-
visions of section 1 [§(1784-41)], which proposals shall stipulate the rate of in-
terest, and it shall not be less than two per centum they will pay, respectively,
for the use of the money aforesaid; and such proposal shall contain the names of
the sureties who will be offered upon the undertaking of the bank filing the same
in case its proposals be accepted, and such proposals shall be filed with the
president of the commission by twelve o'clock, noon, on the Monday named in
the next section, and shall not be withdrawn or altered. [88 v. 208.]
(1784-44) SEC. 4. [Award of contract, etc.] On the Monday fol-
lowing the last publication of such notice, at the hour of twelve o'clock, noon,
the commission shall, in open session, open such sealed proposals and shall
award the use of such money to the bank offering the highest rate of interest
therefor; but if two or more banks offer the same highest rate of interest there-
for, the use of the money may be awarded to either of them, or the commis-
sion may reject all proposals and advertise for others in the manner aforesaid;
or if the commission have reason to believe there is collusion between the
banks as to the rate of interest to be paid for the funds thus advertised to
be placed in a city depositary, or if there be no bids, the commission may
advertise from time to time until satisfactory bids as aforesaid are received.
[88 v. 208.]
(1784-45) SEC. 5. [Bond.] No such award shall be binding until
there is executed by the bank and accepted by the commission, a good and
sufficient undertaking, payable to the city, in a sum not less than one hun-
dred thousand dollars, to be recovered in the name of the depositary commis-
sion, for the use of the city and school district. Such undertaking shall be
signed by not less than six resident freeholders of the county as sureties not
907
Tit. XII,Div.4,Ch.5. OFFICERS: POWERS AND DUTIES. S (1784-46).
more than four-sixths of whom shall be stockholders in the bank, to the satis-
faction of the commission, and conditioned for the receipt, safe-keeping and
payment over, as provided herein, of all money which may come into the cus-
tody of the bank under and by virtue of this act, and under and by virtue of
its proposal and the award of the commission, together with the interest
thereon at the rate specified in the proposal; and it shall be further conditioned
for the faithful performance by the bank of all the duties imposed by this act
or by law upon the depositary of such money, and the sureties shall be liable
on such undertaking for any default or breach of such undertaking even though
such bank is incapable to make itself liable therefor. [88 v. 208.]
(1784-46) SEC. 6. [City solicitor must approve bond.] The under-
taking provided for above shall not be accepted by the commission until it has
been submitted to the city solicitor and certified by him to be in due and legal
form, and conformable to the provisions of this act, which certificate shall be
indorsed on the undertaking by the city solicitor, and the same shall be recorded
in full by the commission in its record, and if the bank to which an award is
made as aforesaid fails to execute the undertaking required hereby, to the ac-
ceptance of the commission, within five days after the award is made, it shall
forfeit and pay to such commission $500.00, to be recovered in a civil action by
such commission and the commission, may award the use of the money to any
other bank the written proposal of which offers the same rate of interest there-
for as is designated in the proposal of such defaulting bank; but not a less rate
than is provided for in section 3 [S(1784-43)] of this act, or the commission
may, in case of default as aforesaid, reject any or all bids and advertise for others
in the manner aforesaid; and in case of any award after such default the bank
to which the award is made shall execute an undertaking as aforesaid to the
acceptance of the commission. [88 v. 208.]
(1784-47) SEC. 7. [When bank becomes depositary.] The bank
to which an award is made shall, upon the acceptance of such undertaking by
the commissioners become the depositary of the money aforesaid until the
undertaking of its successor is accepted by the commission, and the funds in
its possession duly paid over as herein provided; but the commission may re-
quire additional security from the bank, at any time it deems the same neces-
sary, in such sum as it shall designate; and if the bank refuse or neglect, for
the period of five days thereafter, to give such additional security, the removal
of the money therefrom forthwith may be ordered by the commission. The
order for such removal, or for any removal under the provisions of this act,
shall be entered in the record of proceedings of the commission; and a copy
thereof duly certified as such by the president and secretary of the commission
shall be transmitted to the city council, and a like copy to the board of educa-
tion of the school district, and thereupon the city clerk shall issue his warrant.
for the withdrawal of the money of the city and school district from the de-
positary, and thereupon the city treasurer, as such, and as treasurer of the
school funds, shall issue checks accordingly for the removal; the money shall
be disposed of as provided in section nine [§(1784—49)]. [88 v. 208.]
(1784-48) SEC. 8. [Interest-bearing bonds accepted as security.]
The commission may, in lieu of the undertaking provided for by preceding
sections, accept as security, for money deposited as aforesaid, interest-bearing
bonds of the city or school district, or of the county within which the deposi-
tary is located, or United States bonds, the face value of which shall not be less
than the sum specified in section five [§(1784-45)], as the amount to be named
in the undertaking in lieu of which such bonds are accepted; or the commission
may accept such bonds in lieu of such undertaking in full or in part; and in case.
of such acceptance as partial security the commission shall require an undertaking
for the remainder of the full amount of the security specified in said section to
908
$ (1784-49).
OFFICERS: POWERS AND DUTIES. Tit. XII,Div.4,Ch.5.
be named in the undertaking, and in the undertaking so required such accept-
ance of bonds as partial security, and the extent thereof, shall be set forth.
The hypothecation of such bonds shall be by indorsement of the fact and pur-
pose on the back of each, which indorsement shall stipulate that the bond shall
be the property of the city and of the school district, in the event of any de-
fault on the part of the bank in its capacity as depositary as aforesaid to the
extent of making good any default and that its negotiation or release by the
commission shall require the signature of each member thereof. The commis-
sion shall make ample provision for the safe-keeping of such bond or hypoth-
ecated bonds; and the interest thereon, when paid, shall be turned over to the
bank so long as it is not in default as aforesaid. [88 v. 208.]
(1784-49) SEC. 9. [Treasurer to be custodian in interim.] If at
any time, for any cause, the commission be unable to secure a depositary as
provided by preceding sections, the money shall remain in the custody of the
treasurer of such city and school district aforesaid, if in his custody at the
time, and if in a depositary, and its removal be ordered, it shall be transferred
to such treasurer in the manner provided in section seven [§(1784—47)] for re-
movals, and in either case such treasurer shall be custodian as aforesaid until such
time as a depositary is secured in accordance with the provisions of this act; and
while he remains such custodian the money shall be paid out by him on warrants
of the city clerk, which in such case shall not be in duplicate; but he shall keep
such books and make such statements of receipts and payments, as city treas-
urer and treasurer of the school funds, as are required by this act when the
money is in the custody of a depositary, except that such books and state-
ments shall show that the money is in his custody instead of being in the
custody of a depositary. [88 v. 208.]
(1784-50) SEC. 10. [Where money deposited, and by whom paid
out.] It shall be the duty of every board, officer, agent, and employe of each
city and of the board of education thereof, within the provision of this act,
having money in their hands belonging to the city or the school district to
deposit such money with the city treasurer or treasurer of the board of educa-
tion as the case may be, upon the taking effect of this act; and thereafter such
boards, officers, agents and employes as receive money on account of the city
or school district shall deposit with the treasurers aforesaid, as the case may be,
daily all moneys so received by them, and no person or employe of the city or
board of education or officer thereof shall pay out any public money for any
purpose except such as is paid out by the city or school treasurer under the
provisions of this act. [88 v. 208.]
(1784-51) SEC. 11. [Daily deposits; interest.] The treasurer of
such city and board of education aforesaid shall, upon the receipt of a written
notice, signed by the president and secretary of the commission, stating that a
depositary has been selected in pursuance of the provisions of this act, and
naming the bank selected, deposit in such depositary all the money in his
custody belonging to the city and to the school district, respectively, and there-
after he shall, at the close of each business day, deposit therein his total re-
ceipts for the day. All money so deposited shall bear interest at the rate
specified in the proposal of the bank selected as a depositary, to be computed
on daily balances; and on the first business day of March and the first business
day of September of each year, and at any time the accounts are closed, the
depositary shall place such interest on the money of the city and school district
to the credit of the city and school district, and the treasurer shall, in writing,
notify the city clerk of the amount so credited to the city and school district,
which shall be credited by the clerk to the several city funds, including the
school fund, in proportion to the total amount of each deposited; provided,
said commission may require that the interest due the city be credited to one
909
Tit. XII,Div.4,Ch.5. OFFICERS: POWERS AND DUTIES. $ (1784-52).
certain fund, and that that due the school district be credited to one certain
fund. [88 v. 208.]
(1784-52) SEC. 12. [Clerk to be notified daily of amount with de-
positary, etc.; warrants.] The depositary shall, in writing, notify the city
clerk before noon of each business day of the amount of deposits to the credit
of the city and school fund, respectively, made by the treasurer the preceding
business day; and the depositary shall pay out money deposited under the
provisions of this act only on the checks of the city treasurer or treasurer of the
board of education, drawn on the proper fund, and no such check shall be
valid or payable unless it have partly printed and partly written, on the same
paper therewith, a duplicate of the warrant of the city clerk, authorizing the
payment of the sum specified in the check. All such warrants and orders shall
be drawn and signed in duplicate, one of which shall have printed upon its
face the word "original," and shall be filed and kept in the office of the treas-
urer to whom it is issued, and the other shall have printed upon its face the
word "duplicate," and shall be and remain unsevered from the check of such
treasurer, and the depositary shall keep its account in two funds, one called
"the city fund" and one "the school fund," and the checks drawn on the de-
positary shall designate from which fund they are payable, and the moneys.
deposited shall be credited to the fund to which they belong. [88 v. 208.]
(1784-53) SEC. 13. [Semi-monthly reports by treasurer, etc.] On
the second and fourth Saturday of each month the city treasurer, both as such
and as treasurer of the board of education, shall make to the city clerk a sworn
statement of the total amount of money received by him in said capacities re-
spectively, the total amount deposited in the depositary in each capacity, the
total amount of checks issued on the depositary in each capacity, and the bal-
ance in the depositary to the credit of each fund, and he shall keep such books
as shall enable him to make such statements. All money paid to the city
treasurer, both as such [and] as treasurer of the school funds, except the collec-
tion of taxes placed upon the duplicate by the county auditor, shall be paid
upon the order or draft of the city clerk, and receipts given therefor shall be
in duplicate, one of which shall have printed upon its face the word "original,"
and the other the word "duplicate." The duplicates of receipts for money be-
longing to the city, or school fund, shall be filed with the city clerk, and each
duplicate shall be so filed on the day of its date; and each receipt and dupli-
cate shall state the amount received, from whom received, and to what fund
or funds the same is to be applied. [88 v. 208.]
(1784-54) SEC. 14. [Certain pay-rolls must be paid in cash, etc.]
The monthly pay-rolls of the police, fire and street departments, and of the
trustees of gas-works of the city, and the monthly pay-rolls of the board of educa-
tion of the school district, shall be paid in cash; and to provide money for such
payments the city clerk, upon the receipt of an order and a pay-roll specifying
the amount and to whom such payments are due, from the clerk of the board
of education, or trustees of gas-works, countersigned by the president of the
board, shall issue an order upon the proper treasurer for an amount equal to
such pay-roll, which order and pay-roll shall be by the clerk of the city deliv-
ered to the treasurer, who shall draw his check upon the depositary, if the
moneys of the city and school fund are in the depositary, and if in the city or
school treasury, in either case he shall pay the persons to whom such several
amounts are due, taking their receipts therefor upon such pay-roll. And for
the pay-rolls of the city departments specified in this section, except trustees
of gas-works, the clerk of the city shall, after approval by ordinance by the
city council, issue his order upon the treasurer, and with delivery of such order
to the treasurer, shall be a complete pay-roll of each of the aforesaid depart-
ments, specifying the person to whom and the amount to be paid; and the
910
§ (1784-55).
OFFICERS: POWERS AND DUTIES. Tit. XII,Div.4, Ch.5.
treasurer, upon receipt of the order and pay-roll, shall draw his check upon
the city depositary, if the money of the city is in a depositary, and if in the
city treasury he shall, in either case, pay said several amounts, taking the re-
ceipt of the person to whom such payments are due upon the pay-roll furnished
the treasurer by the city clerk; but all other payments made by the treasurer
of the city or school fund shall be by separate orders, and shall be drawn on
the proper designated fund in favor of the person to whom the amounts speci-
fied therein, respectively, are due, or in favor of their assigns. And each and
every order drawn by the city clerk shall be in duplicate, the orignal being de-
livered to the party to whom the payment is made, and the duplicate, a stub
from which the orginal has been detached, kept in a book provided by the city
for such original and duplicate orders, and on file in the office of the city clerk.
All checks on the depositary shall be indorsed by the person named therein as
payee. [88 v. 208.]
(1784-55) SEC. 15. [Books to be kept by city clerk.] The city
clerk shall keep in his office books in which shall be entered the receipts of
the city and school treasurer's office daily to the credit of the city and school
fund, respectively, as shown by the duplicate receipts returned to him by the
treasurer, the amount of deposits by the treasurer daily with the depositary to
the credit of the city and school fund, respectively, as shown by the statements
of the depositary, the daily aggregate amount of all warrants issued by him, and
the balance at the close of each business day to the credit of the city and school
fund in the hands of the depositary. And upon receipt by the city clerk of the
sworn statement provided for by section thirteen [§(1784—53)], he shall certify
thereon to the correctness of the same, if, upon comparison with his books, he
If any
finds the same to be correct, and shall file such statement in his office.
such sworn statement be found incorrect he shall forthwith give notice of suck
fact to the treasurer, and unless the discrepancy be discovered and corrected im-
mediately he shall forthwith notify the depositary commission thereof. [88 v.
208.]
(1784-56) SEC. 16. [Daily balances and monthly statements by
city clerk.] The city clerk shall keep in his office books which shall show
the balance daily to the credit of each fund of the city department and school
district, and shall issue no order payable from any such fund unless there is
money belonging thereto for the payment of the order in full; and on the
first business day of each month he shall prepare, and submit to the deposi-
tary commission, a sworn statement for the preceding month, showing the
total amount of money received into and paid out of each fund respectively,
the balance to the credit of each, and also the total balance of money to the
credit of the city and the school district, respectively, in the custody of the
depositary, which statements shall be placed on file by the commission; and
a copy of the statement made by the city clerk, duly certified as such by the
commission, shall be transmitted to the board of councilmen of the city, and
a like copy of the statement shall be transmitted to trustees of gas-works and
to the board of education of the school district, and each shall be read in open
session at the next meeting of the board to which it is transmitted. On the
day aforesaid some officer of the bank acting as the city depositary shall file with
the depositary commission all checks of the city treasurer and treasurer of the
school fund paid and redeemed by the bank during the previous month, and
the commission shall compare such checks with the records of the city clerk's
office, and if they be found to correspond, the commission shall give the bank
a receipt for the same, and they shall forthwith cancel and file such checks in
the office of the city clerk. [88 v. 208.]
(1784-57) SEC. 17. [Warrants by city clerk.] Upon the passage by
the common council of any city contemplated by this act of the aforesaid
T.
911
Tit. XII,Div.4,Ch.5. OFFICERS: POWERS AND DUTIES. § (1784—58).
ordinance, duly approved, providing for the payment of obligations of the
city, the city clerk shall issue his warrants, subject to the provisions of sec-
tions 14 and 16 [§§(1784—54), (—56) for the payment of such obligations, re-
spectively. [88 v. 208.]
· (1784-58) SEC. 18. [Liability of treasurer, etc.] Nothing in this
act shall be held or considered as in any manner changing or affecting the lia-
bility of the treasurer of the city or his sureties; provided, such treasurers of
cities or school funds shall not be held liable for the loss of any money depos
ited as aforesaid while it is in the custody of the depositary, and notwithstand-
ing any provision of law to the contrary, said commission shall have the right
to and shall fix the compensation of the treasurer of the city and school funds,
which shall be paid on the order and allowance of such commission out of the
city treasury in monthly installments. [88 v. 208.]
(1784-59) SEC. 19. [School funds.] In each city within the pro-
visions of this act the city treasurer shall also be ex-officio the treasurer of the
school funds of the city, and the present treasurer of such school funds shall
pay over to him all funds in his hands, and such office shall then cease, to be
occupied or held, except as provided in this act but the board of education
shall require such new treasurer to give bond in such sum as they may fix,
conditional according to law, before such funds shall be paid over to him, such
bond to be approved by the board of education. [88 v. 208.]
(1784-60) SEC. 20. [Penalties.] An officer, agent or employe of any
city contemplated by this act, or any officer of the board of education of any
such school district or such depositary, who willfully violates any provision
of this act, or willfully neglects or refuses to perform any duty imposed upon
him by this act, shall, upon conviction thereof, be fined in any sum not ex-
ceeding one thousand dollars, for the use of the city, if he be an officer, agent
or employe of the city, and for the use of the school district if he be an
officer, agent or employe of the board of education thereof, or if an officer of
such depositary, then for the city and school district, or be imprisoned in the
jail of the county not less than six months nor more than one year, or both,
at the discretion of the court, and shall stand committed until the fine and
and costs are paid. [88 v. 208.]
(1784-61) SEC. 21. [Depositary commission to act with county
commissioners in certain cases.] That when such city treasurer is by law
also county treasurer of the county in which such city is located, said com-
mission shall with the county commissioners together make and conduct all
examinations of the county treasury, together with that portion also relating
to the city and school funds, the same as is now or may be authorized or
required by law to be made by the county commissioners, but the foregoing
shall not preclude the making of any other examinations provided by law, and
said commission may at any time, make any such additional examination con-
cerning the said city and school funds, that they may deem necessary, and
where the money in the county treasury belonging to the county, city and
school district aforesaid is commingled, each shall be deemed and held to be
entitled to such portion thereof as the cash balances on the books of the
treasurer of the county, city and school fund, less any amount to the credit of
either in any depositary, bear to each other. [88 v. 208.]
[Repeals.] This act shall take effect and be in force from and after its
passage; and as to such cities and school districts this act shall supersede so
much of any law, as may be in conflict herewith. [88 v. 208.]
GALION DEPOSITARY ACT.
(1784-62) SEC. 1. [Depositary created.] The money belonging to
each city of the second class, fourth grade, having at the federal census of 1880
a population of not less than five thousand six hundred and thirty-five nor
912
§ (1784—63).
OFFICERS: POWERS AND DUTIES. Tit. XII,Div.4,Ch.5.
more than five thousand six hundred and eighty-five, or which at any subse-
quent federal census may have such population, shall be deposited, by the
treasurer of the city, as hereinafter provided, in a bank situated within the
boundaries of the city and duly incorporated under the laws of this state or
of the United States, to be designated, in the manner hereinafter provided, as
the depositary for such money, by a commission composed of the mayor, pres-
ident of the board of education and the president of the council, and their
successors in office, and to be known as the depositary commission. [88 v. 287.]
(1784-63) SEC. 2. [Stationery; organization; meetings; record
and copies as evidence.] The officers designated in the preceding section
as constituting such depositary commission shall serve as members thereof,
and the commission shall be provided with necessary books and stationery, at
the expense of the city; and the mayor shall be president, and the president
of the council shall be secretary of the commission. The commission shall
hold meetings on the first business day of each month, and whenever called to
meet by the president for a special purpose, at the council chamber of the city,
shall keep a record of its proceedings, and file all official papers received by it,
which record and papers shall be open to public inspection; and a transcript
of any entry in such record, or a copy of any such paper, duly certified as
such by the president and secretary, shall be received as evidence in any of
the courts in this state. [88 v. 287.]
(1784-64) SEC. 3. [Proposals.] Upon the taking effect of this act,
and thereafter biennially, such commission shall publish, in one newspaper
printed and of general circulation in the city and district, for two consecutive
weeks, a notice which shall invite sealed proposals from all banks coming
within the provisions of section one [S (1784-62)], which proposals shall stip-
ulate the rate of interest, and it shall not be less than two per centum, they
will pay respectively for the use of the money aforesaid; and such proposal
shall contain the names of the sureties who will be offered upon the undertak-
ings of the bank filing the same in case its proposals be accepted. [88 v. 287.]
(1784-65) SEC. 4. [Awarding contract.] On the Monday following
the last publication of such notice, at the hour of twelve o'clock, noon, the
commission shall, in open session, open such sealed proposals, and shall award
the use of such money to the bank offering the highest rate of interest there-
for; but if two or more banks offer the same highest rate of interest therefor,
the use of the money may be awarded to either of them, or the commission
may reject all proposals and advertise for others in the manner aforesaid; or
if the commission have reason to believe there is collusion between the banks
as to the rate of interest to be paid for the funds thus advertised to be placed
in a city depositary, or if there be no bids, the commission may advertise
from time to time until satisfactory bids are received. [88 v. 287.]
(1784-66) SEC. 5. [Bond.] No such award shall be binding until
there is executed by the bank and accepted by the commission, a good and
sufficient undertaking, payable to the city, in a sum not less than three hun-
dred thousand dollars, to be recovered in the name of the depositary commis-
sion, for the use of the city. Such undertaking shall be signed by six resident
freeholders of the city as sureties, not more than half of whom shall be stock-
holders in the bank, to the satisfaction of the commission, and conditioned for
the receipt, safe-keeping and payment over, as provided herein, of all money
which may come into the custody of the bank under and by virtue of this
act, and under and by virtue of its proposal and the award of the commission,
together with the interest thereon at the rate specified in the proposal; and it
shall be further conditioned for the faithful performance by the bank of all
the duties imposed by this act upon the depositary of such money. [88 v.
287.1
913
Tit.XII,Div.4,Ch.5. OFFICERS: POWERS AND DUTIES. § (1784—67).
(1784-67) SEC. 6. [Bond to be approved by solicitor.] The under-
taking provided for above shall not be accepted by the commission until it
has been submitted to the city solicitor and certified by him to be in due and
legal form, and comformable to the provisions of this act, which certificate
shall be indorsed on the undertaking by the city solicitor, and if the bank to
which an award is made as aforesaid fails to execute the undertaking required
hereby, to the acceptance of the commission, within three days after the
award is made, the commission may award the use of the money to any other
bank the written proposal of which offers the same rate of interest therefor as
is designated in the proposal of such defaulting bank; but not a less rate
than is provided for in section 3 [$(1784-64)] of this act, or the commission
may, in case of default as aforesaid, reject any or all bids, and advertise for
others in the manner aforesaid; and in case of an award after such default the
bank to which the award is made shall execute an undertaking as aforesaid, to
the acceptance of the commission. [88 v. 287.]
(1784-68) SEC. 7. [When bank becomes depositary; additional
security.] The bank to which an award is made shall, upon the acceptance
of such undertaking by the commission, become the depositary of the money
aforesaid until the undertaking of its successor is accepted by the commission;
but the commission may require additional security from the bank, at any time
it deems the same necessary, in such sum as it shall designate; and if the bank
refuse or neglect, for the period of five days thereafter, to give such addi-
tional security, the removal of the money therefrom forthwith may be ordered
by the commission. The order for such removal, or for any removal under
the provisions of this act, shall be entered in the record of proceedings of the
commission; and a copy thereof duly certified as such by the president and
secretary of the commission shall be transmitted to the city council, and a like
copy to the board of education of the school district, and thereupon the city
clerk shall issue his warrant for the withdrawal of the money of the city from
the depositary, and thereupon the city treasurer, as such, and as treasurer of
the school funds, shall issue checks accordingly for the removal; the money
shall be disposed of as provided in section nine [S(1784-70)]. [88 v. 287.]
(1784-69) SEC. 8. [Bonds in lieu of security.] The commission [er]
may, in lieu of the undertaking provided for by preceding sections, accept as
security, for money deposited as aforesaid, interest-bearing bonds of the city or
school district, or of the county within which the depositary is located, or
United States bonds, the face value of which shall not be less than the sum spe-
cified in section five [S(1784-66)] as the amount to be named in the undertak-
ing in lieu of which such bonds are accepted; or the commission may accept
such bonds in lieu of such undertaking in full and of the other in part; and in
case of such acceptance as partial security the commission shall require an under-
taking for the remainder of the full amount of the security specified in said sec-
tion to be named in the undertaking, and in the undertaking so required such
acceptance of bonds as partial security, and the extent thereof, shall be set
forth. The hypothecation of such bonds shall be by indorsement of the fact
and purpose on the back of each, which indorsement shall stipulate that the
bond shall be the property of the city or of the school district, as the case re-
quires, in the event of any default on the part of the bank in its capacity as
depositary as aforesaid, and that its negotiation or release by the commission
shall require the signature of each member thereof. The commission shall
make ample provision for the safe-keeping of such bond or hypothecated
bonds; and the interest thereon, when paid, shall be turned over to the bank
so long as it is not in default as aforesaid. [88 v. 287.]
(1784-70) SEC. 9. [Treasurer to be custodian in interim.] If at
any time, for any cause, the commission be unable to secure a depositary as
59
914
§ (1784-71).
OFFICERS: POWERS AND DUTIES. Tit. XII,Div.4,Ch.5.
provided by preceding sections, the money shall remain in the custody of the
treasurer aforesaid, if in his custody at the time, and if in a depositary, and
its removal be ordered, it shall be transferred to such treasurer, in the manner
provided in section seven [S(1784-68)] for removals, and in either case such
treasurer shall be custodian as aforesaid until such time as a depositary is secured
in accordance with the provisions of this act; and while he remain such custo-
dian the money shall be paid out by him on warrants of the city clerk, which in
such case shall not be in duplicate; but he shall keep such books and make such
statements of receipts and payments, as city treasurer, as are required by this
act when the money is in the custody of a depositary, except that such books
and statements shall show that the money is in his custody instead of being in
the custody of a depositary. [88 v. 287.]
(1784-71) SEC. 10. [All public funds to be placed with treasurer.]
It shall be the duty of every board, officer, agent, and employe of each city
within the provision of this act, having money in their hands belonging to
the city, to deposit such money with the city treasurer upon the taking effect of
this act; and thereafter such boards, officers, agents and employes as receive
money on account of the city shall deposit with the treasurer daily all money
so received by them, and no person or employe of the city shall pay out any
public money for any purpose except such as is paid out by the city treasurer
under the provisions of this act. [88 v. 287.]
(1784-72) SEC. 11. [When money to be deposited with depositary;
interest.] The treasurer aforesaid shall, upon the receipt of a written notice,
signed by the president and secretary of the commission, stating that a de-
positary has been selected in pursuance of the provisions of this act, and nam-
ing the bank selected, deposit in such depositary all the money in his custody
belonging to the city and to the school district, respectively, and thereafter he
shall, at the close of each business day, deposit therein his total receipts for
the day. All money so deposited shall bear interest at the rate specified in the
proposal of the bank selected as depositary, to be computed on daily balances;
and on the first day of March and the first day of September each year, and at
any time the accounts are closed, the depositary shall place such interest on
the money of the city to the credit of the city, and the treasurer shall, in
writing, notify the city clerk of the amount so credited to the city, which shall
be credited by the clerk to its several funds, including the school fund, in pro-
portion to the total amount of each deposited. [88 v. 287.]
(1784-73) SEC. 12. [Daily reports by depositary; how money paid
out.] The depositary shall, in writing, notify the city clerk before noon of
each business day of the amount of deposits to the credit of the city, made by
the treasurer the preceding business day; and the depositary shall pay out
money deposited under the provisions of this act only on the checks of the
city treasurer, and no such check shall be valid or payable unless it have partly
printed and partly written, on the same paper therewith, a duplicate of the
warrant of the city clerk, authorizing the payment of the sum specified in the
check. All such warrants and orders shall be drawn and signed in duplicate,
one of which shall have printed upon its face the word "original," and shall
be filed and kept in the office of the treasurer to whom it is issued, and the
other shall have printed upon its face the word "duplicate," and shall be and
remain unsevered from the check of such treasurer. [88 v. 287.]
(1784-74) SEC. 13. [Semi-monthly statements by treasurer; how
money paid him.] On the second and fourth Saturday of each month the
city treasurer shall make to the city clerk a sworn statement of the total
amount of money received by him, the total amount deposited in the deposi-
tary, the total amount of checks issued on the depositary, and the balance in
the depositary, and he shall keep such books as shall enable him to make
915
Tit. XII,Div. 4,Ch.5. OFFICERS: POWERS AND DUTIES. § (1784–75).
such statements. All money paid to the city treasurer, except the collection
of taxes placed upon the duplicate by the county auditor, shall be paid upon
the order or draft of the city clerk, and receipts given therefor shall be in
duplicate, one of which shall have printed upon its face the word "original,”
and the other the word "duplicate. "The duplicates of receipts for money be-
longing to the city shall be filed with the city clerk, and each duplicate shall
be so filed on the day of its date; and each receipt and duplicate shall state the
amount received, from whom received, and to what fund or funds the same is
to be applied. [88 v. 287.]
(1784-75) SEC. 14. [Certain pay-rolls to be paid cash.] The monthly
pay-rolls of the police, fire and street departments of the city, and the monthly
pay-rolls of the board of education of the school district, shall be paid in cash;
and to provide money for such payments, the city clerk, upon the receipt of an
order and a pay-roll specifying the amount and to whom such payments are
due, from the clerk of the board of education, countersigned by the president
of the board, shall issue an order upon the treasurer for an amount equal to
such pay-roll, which order and pay-roll shall be by the clerk of the city de-
livered to the treasurer, who shall draw his check upon the city depositary, if
the money of the city is in the depositary, and if in the city treasury, in either
case he shall pay the persons to whom such several amounts are due, taking
their receipts therefor upon such pay-roll. And for the pay-rolls of the city
departments specified in this section, the clerk of the city shall, after approval
by ordinance by the city council, issue his order upon the treasurer, and with
delivery of such order to the treasurer, shall be a complete pay-roll of each of
the aforesaid departments, specifying the person to whom and the amount to
be paid; and the treasurer, upon the receipt of the order and pay-roll, shall
draw his check upon the city depositary, if the money of the city is in a de-
positary, and if in the city treasury he shall, in either case, pay said several
amounts, taking the receipt of the person to whom such payments are due
upon the pay-roll furnished the treasurer by the city clerk; but all other pay-
ments made by the city shall be by separate orders, and shall be drawn in
favor of the person to whom the amounts specified therein, respectively, are due,
or in favor of their assigns. And each and every order drawn by the city clerk
shall be in duplicate, the original being delivered to the party to whom the
payment is made, and the duplicate, a stub from which the original has been
detached, kept in a book provided by the city for such original and duplicate
orders, and on file in the office of the city clerk. [88 v. 287.]
(1784-76) SEC. 15. [Books to be kept by city clerk.] The city
clerk shall keep in his office books in which shall be entered the receipts of the
city treasurer's office daily to the credit of the city, as shown by the duplicate
receipts returned to him by the treasurer, the amount of deposits by the treas-
urer daily with the depositary to the credit of the city, as shown by the state-
ments of the depositary, the daily aggregate amount of all warrants issued by
him, and the balance at the close of each business day to the credit of the city
in the hands of the depositary. And upon receipt by the city clerk of the sworn
statement provided for by section thirteen [§(1784-74)] he shall certify thereon
to the correctness of the same, if, upon comparison with his books, he find the
same to be correct, and shall file such statement in his office. If any such
sworn statement be found incorrect he shall forthwith give notice of such fact
to the treasurer, and unless the discrepancy be discovered and corrected im-
mediately he shall forthwith notify the depositary commission thereof. [88
v. 287.]
(1784–77) SEC. 16. [No order unless sufficient money; clerk's
monthly statements; comparison of accounts.] The city clerk shall keep
in his office books which shall show the balance daily to the credit of each
916
§ (1784-78).
OFFICERS: POWERS AND DUTIES. Tit.XII,Div.4,Ch.5.
fund of the city department and school district, and shall issue no order pay-
able from any such fund unless there is money belonging thereto for the pay-
ment of the order in full; and on the first business day of each month he
shall prepare, and submit to the depositary commission, a sworn statement
for the preceding month, showing the total amount of money received into
and paid out of each fund respectively, the balance to the credit of each, and
also the total balance of money to the credit of the city and the school district,
respectively, in the custody of the depositary, which statements shall be placed
on file by the commission, and a copy of the statement made by the city
clerk, duly certified as such by the commission, shall be transmitted to the
board of councilmen of the city, and a like copy of the statement shall be
transmitted to the board of education of the school district, and each shall be
read in open session at the next meeting of the board to which it is transmit-
ted. On the day aforesaid some officer of the bank acting as the city deposi-
tary shall file with the depositary commission all checks of the city treasurer
paid and redeemed by the bank during the previous month, and the com-
mission shall compare such checks with the records of the city clerk's office,
and if they be found to correspond the commission shall give the bank a
receipt for the same, and they shall forthwith cancel and file such checks in
the office of the clerk. [88 v. 287.]
(1784-78) SEC. 17. [Warrants by clerk.] Upon the passage by the
common council of any city contemplated by this act of the aforesaid ordi-
nance, duly approved, providing for the payment of obligations of the city,
the city clerk shall issue his warrants, subject to the provisions of sections
fourteen and sixteen [§§(1784-75), (—77)] for the payment of such obligations,
respectively. [88 v. 287.]
(1784-79) SEC. 18. [Liability of treasurer.] Nothing in this act
shall be held or considered as in any manner changing or affecting the liability
of the treasurer of the city; provided, such treasurers shall not be held liable
for the loss of any money deposited as aforesaid while it is in the custody of
the depositary. [88 v. 287.]
(1784-80) SEC. 19. [School funds.] In each city within the provi-
sions of this act the city treasurer shall also be the treasurer of the school funds
of the city. [88 v. 287.]
(1784-81) SEC. 20. [Penalty and compensation.] An officer, agent,
or employe of any city contemplated by this act, or of any officer of the board
of education of any such school district, who willfully violates any provision.
of this act, or willfully neglects or refuses to perform any duty imposed upon
him by this act, shall, upon conviction thereof, be fined in any sum not ex-
ceeding one thousand dollars, for the use of the city, if he be an officer, agent,
or employe of the city, and for the use of the school district if he be an officer,
agent, or employe of the board of education thereof, or be imprisoned in the
jail of the county not less than six months nor more than one year, or both,
at the discretion of the court, and shall stand committed until fine and costs
are paid. The council of any such city shall provide reasonable compensation.
to the treasurer thereof in addition to any salary heretofore provided for in any
sum not less than two hundred dollars nor more than two hundred and ten
dollars per annum for the additional duties imposed upon him by this act, and
shall also provide reasonable compensation for any additional services per-
formed by the city clerk under the act to which this is amendatory. [91 v. 810;
90 L. L. 83; 88 v. 287.]
917
Tit. XII
POLICE COURT.
Div. 5, Ch. 1.
FIFTH DIVISION: POLICE DEPARTMENT.
CHAPTER 1. POLICE COURT.
CHAPTER 2. POLICE POWERS OF MAYOR, POLICE JUSTICE, PRESIDENT OF THE
BOARD OF TRUSTEES OF A HAMLET, AND A JUSTICE OF THE
CHAPTER 3.
CHAPTER 4.
CHAPTER 5.
CHAPTER 6.
CHAPTER 7.
PEACE IN A HAMLET.
MARSHAL AND CHIEF OF POLICE.
LIMITATIONS ON FINE AND IMPRISONMENT; CIVIL ACTION FOR
FINE; LIMITATION IN TIME OF PROSECUTION.
POLICE BOARDS AND OFFICERS.
REFORMATORY INSTITUTIONS AND PRISONS.
VAGRANTS AND DISSOLUTE PERSONS.
CHAPTER 8. CITY FARM SCHOOL.
CHAPTER 1.
SECTION
1785. Police court.
POLICE COURT.
SUBDIVISION I. Jurisdiction of the Court and Judge.
SUBDIVISION II. Clerk.
SUBDIVISION III. Prosecuting Attorney.
1785a. Police court in certain cities.
SUBDIVISION I.
17856. Election of police judge and prosecuting at-
torney.
1785c. Dayton police court; laws governing.
1785d. Election and term of judge and clerk: vacan-
cies; prosecuting attorney.
1785e. Ashtabula police court.
1785f. Election and term of judge; vacancies; clerk;
deputy clerk.
1785g. Election of police judge in Portsmouth; clerk
of police court; vacancy.
1786. Seal.
1787. General jurisdiction to inquire into crimes,
etc.
1788. Final jurisdiction in misdemeanors, etc.
1788-1. Police jurisdiction in Zanesville.
1788-2. As to warrants and affidavits.
1789. Hearing in felonies; when charge may be re-
duced in grade.
1804. Clerk of police court: his powers.
1805. Duties as to papers.
1806. Journal: record.
1807. Report: payment into treasury.
1808. His bond and compensation.
1813. Prosecuting attorney.
1814. Salary.
1815. Inability: substitute.
SECTION
1790. Where on charge of misdemeanor proof shows
1791.
felony.
General powers.
1792. In what name prosecutions carried on.
1793. As to the terms of court.
1794. Mode of prosecuting.
1795.
Rules.
1796. As to dispatch of business.
1797. Salary of judge.
1797a. Salary of judge in Dayton; fees.
17976. Compensation of Ashtabula police judge; fees;
fines.
1797c. Clerk of police court in Portsmouth; compen-
sation.
Provisions as to witnesses, jurors, etc.
Witnesses' fees.
1798.
1799.
1800.
Other fees.
1801.
Recognizances.
1802. Substitute for judge.
1803. Compensation of acting police judge.
SUBDIVISION II.
1809. Powers, salary, and bond of deputy clerk; Cin-
cinnati, Cleveland and Toledo.
1810. Inability of clerk; substitute.
1811. Clerk and deputy not to practice.
1812. Surplus fees after payment of expenses.
SUBDIVISION III.
1815-1. Police judicial districts and police justices
in Cleveland: jurisdiction, etc.
1815-2. Regulations governing courts.
1815-3. Jurisdiction and powers of police justices;
sessions: process.
1815-4. Rules of practice and procedure.
1815-5. Powers, duties and bond of clerk.
1815-6. Compensation of justices.
1815-7. Election; appointment, etc., of justices.
1815-8. Power of clerk to adjourn court.
918
§§ 1785-1785c.
POLICE COURT.
Tit. XII, Div. 5, Ch. 1.
Columbus police court, see (1545—122).
Columbus sheriff to serve process, fees, ? (7161—1) et seq.
Cleveland police to serve process, ?1982.
Toledo police to serve process, ?1997 (by adopting ?1982).
May take judicial notice of city ordinances: Keck v Cincinnati, 3 N. P. 253; 4 O. D. 324.
And upon review on error by court of common pleas, the reviewing court will also take notice of the
fact of the ordinance under which conviction was had: Id.
SUBDIVISION I. JURISDICTION OF THE COURT AND JUDGE.
SEC. 1785. [Police court.] In cities of the first class, and in cities of
the third grade, third grade a, and third grade c, of the second class, there
shall be a court, held by the police judge, which court shall be styled the
police court, and be a court of record. Provided that in cities of the third
grade c, the city council by a two-thirds vote may abolish the office of police
judge and vest the mayor of said city with all the powers of a police judge as
provided by the Revised Statutes of the state of Ohio; and when such office
of police judge has been so abolished, it shall not be again reëstablished except
by a like vote of council, but no action of council shall extend or curtail the
term of office of a mayor or police judge who may be serving at the time the
change may be made by council. [93 v. 615; 89 v. 19; 88 v. 161; 84 v. 26,
27; 82 v. 54, 58; Rev. Stat. 1880; 72 v. 51, § 168.]
Part of act creating new charter for Portsmouth to be submitted to electors.
The act of 1887, February 17, expressly repeals ? 1785, as amended 1885, February 27 (82 v. 54, 58). For
the constitutionality of the latter act, see State v. Pugh, 43 O. S. 98.
See note to ? 1707.
That offenses against municipal corporations are regarded as quasi criminal, and may be prosecuted in
the name of the corporation, see Markle v. Akron, 14 O. 586.
The act to reorganize and consolidate cities of the first grade of the second class (Columbus), and to
reduce the tax levy of said cities, passed February 27, 1885 (82 v. 54), and in which 2 1785 was amended, was
declared unconstitutional: State v. Pugh, 43 O. S. 107.
SEC. 1785a. [Police court in certain cities.] In cities of the first grade
of the second class there shall be a court held by the police judge, which court.
shall be styled the police court and be a court of record. The provisions of
the Revised Statutes and the amendments thereto relating to police courts and
the officers thereof, not inconsistent with this act, are hereby made applicable
to police courts and the officers thereof in cities of the first grade of the second
class. [88 v. 67.]
Now abolished in Columbus, see ? (1545-100).
SEC. 1785b. [Election of police judge and prosecuting attorney.] In
such cities of the first grade of the second class there shall be chosen by the
electors, at the first annual municipal election after the passage of this act, a
police judge and prosecuting attorney of the police court, each of whom shall
serve for the term of three years and until their successors are elected or
appointed and qualified, and thereafter as the terms of such officers expire,
their successors shall in like manner be elected to serve for three years; vacan-
cies shall be filled by the mayor for the unexpired term. In such cities the
secretary of the board of police commissioners shall be ex-officio clerk of the
police court. [88 v. 67.]
Repealed, see ? (1545-100), (—122), (—162).
Prosecuting attorney abolished in Columbus, ? (1545—122).
SEC. 1785c. [Dayton police court; laws governing.] In cities of the
second grade of the second class there shall be a court held by the police judge,
which court shall be styled the police court, and be a court of record. The provi-
sions of the Revised Statutes and the amendments thereto relating to police
courts and the officers thereof, not inconsistent with this act, are hereby made
applicable to police courts and the officers thereof in cities of the second grade
of the second class. [89 v. 136.]
919
Tit. XII, Div. 5, Ch. 1.
POLICE COURT.
§§ 1785d-1785g.
SEC. 1785d. [Election and term of judge and clerk; vacancies; pros-
ecuting attorney.] In such cities of the second grade of the second class
there shall be chosen by the electors, at the first annual municipal election
after the passage of this act, a police judge, who shall serve for the term of
three years and until his successor is elected or appointed and qualified; and a
clerk of the police court, who shall serve for the term of three years and until
his successor is elected or appointed and qualified; and thereafter, as the
terms of such officers expire, their successors shall in like manner be elected to
serve for the terms provided above, respectively, for such officers. Vacancies
in the office of police judge shall be filled by the governor for the unexpired
term. Vacancies in the office of the clerk of the police court shall be filled by
the mayor for the unexpired term. A prosecuting attorney of the police court
shall be appointed by the board of police directors of such city within three
days after the first election and qualification of the police judge provided for
herein. The prosecuting attorney shall serve for the term of three years and
until his successor is elected or appointed and qualified, and thereafter, as the
term of such officer expires, his successor shall in like manner be appointed by
such board of police directors to serve for a like term. Vacancies shall be filled
by such board of police directors for the unexpired term. The clerk and the
prosecuting attorney shall receive no fees or perquisites, but the clerk shall
receive an annual salary of twelve hundred dollars, and the prosecuting
attorney shall receive an annual salary of fifteen hundred dollars, both pay-
able monthly out of the city treasury. [89 v. 136.]
SEC. 1785e. [Ashtabula police court.] In cities of the fourth grade a
of the second class there shall be a court held by a police judge, which court
shall be styled the police court, and be a court of record. The provisions of
the Revised Statutes and all acts amendatory and supplementary thereto relat-
ing to police courts throughout the state, and the officers thereof, not incon-
sistent with the provisions of this act, are hereby made applicable to police
courts and the officers thereof, in cities of the fourth grade a of the second
class. [91 v. 59.]
SEC. 1785f. [Election and term of judge; vacancies; clerk; deputy.}
In cities of the fourth grade a of the second class there shall be chosen by the
electors, at the first annual municipal election after the passage of this act, a
police judge, who shall serve for the period of three years and until his suc-
cessor is elected or appointed and qualified, and thereafter, as the term of such
judge expires, his successor shall in like manner be elected, to serve for the
period of three years; vacancies in the office shall be filled by the governor.
Such judge shall be ex officio clerk of his own court, with all of the powers
and duties now conferred upon clerks of the police courts by the provisions of
the Revised Statutes, and the acts amendatory and supplementary thereto, not
inconsistent with this act; provided, that he shall be entitled to a deputy clerk
of the police court who may perform any duty of his principal, who shall be
appointed by such police judge by and with the consent of the council of such
cities, when by them deemed necessary, and who shall receive such compensa-
tion for his services as the council shall prescribe. Such judge and ex officio
with
clerk and also such deputy clerk of the police court shall give such bond,
sureties, as the council of such cities may require. [91 v. 59.]
SEC. 1785g. [Election of police judge in Portsmouth; clerk of police
court; vacancy.] In cities of the second class, third grade c, there shall be
chosen by the electors therein, at the first annual municipal election held after
the passage of this act, a police judge, who shall serve for the term of three
years, and until his successor is elected or appointed and qualified, and there-
after, as the term of such officer expires, his successor shall in like manner be
elected to serve for the term herein provided, and the police judge in such city
920
§§ 1786-1789.
POLICE COURT.
Tit. XII, Div. 5, Ch. 1.
shall be ex-officio clerk of the police court; and a vacancy in the office of such
police judge shall be filled by the governor until the next municipal election,
when it shall be filled for the unexpired term. [93 v. 615.]
Part of new charter for Portsmouth to be submitted to electors.
SEC. 1786. [Seal.] Said court shall have a seal, with the name of the
state in the center, and the style of the court in the margin; and it shall be
the duty of council to furnish such seal. [72 v. 51, § 168.]
SEC. 1787. [General jurisdiction to inquire into crimes, etc.] The
jurisdiction of said court to make inquiry in criminal cases shall be the same
as that of a justice of the peace; and the judge shall have the same power to
take acknowledgment of deeds, and other instruments of writing, administer
oaths, and take and certify depositions. [66 v. 176, § 166; (S. & S. 797; S. & C.
1520, 1521).]
An act found in 85 v. 285 gives justices of the peace, mayors, and police judges final
jurisdiction for violation of certain game laws. See ? (6968-5).
An information unsupported by oath or affirmation will be quashed. A person arrested without war-
rant can only be detained until a legal warrant can be obtained, and such warrant can only be issued on oath
or affirmation: Eichenlaub v. State, 36 O. S. 140, 144.
SEC. 1788. [Final jurisdiction.] The police court shall have jurisdic-
tion of any offense under any ordinance of the city, and of any misdemeanor
committed within the limits of the city or within four miles thereof, to hear
and finally determine the same, and impose the prescribed penalty; and in
cities of the first grade of the second class the court shall have jurisdiction of
any offense under any ordinance of the city and misdemeanor committed
within the limits of the county in which such city is situated, to hear and
finally determine the same, and impose the prescribed penalty; but cases in
which the accused is entitled to a trial by jury, shall be so tried, unless a jury
be waived. [92 v. 97; 66 v. 176, § 167.]
The jurisdiction conferred on the police courts by this section extends to all offenses not punishable by
death or imprisonment in the penitentiary: Dillingham v. State, 5 O. S. 280; Ex parte Scott, 19 O. S. 581;
Cole v. State, 29 O. S. 226; Davis v. State, 32 Ó. S. 24.
See reference under 1787.
Proceedings in error to reverse the sentence of a police court are regulated by the Municipal Code
(179-181), and there is no authority for reversing such sentence on the ground that the conviction was against
the weight of the evidence: Williams v. State, 25 O. S. 628.
When court in passing sentence for a misdemeanor has made a mistake in fixing the amount of the
penalty before the sentence has gone into operation, or any action has been had on it, the court in its
sound discretion may revise and increase or diminish such sentence within the legal limits: Lee v. State, 32
O. S. 113.
In a trial before the police court of Cincinnati, for a violation of the common labor law on Sunday,
unless the record shows that the defendant demanded a jury, he will be deemed to have waived it: Billig
heimer v. State, Ib. 435.
Cited in Morgan v. Nolte, 37 O. S. 25.
Cited in Falk ex parte, 42 O. S. 638.
See note to same case under 2 1924.
Jurisdiction may be conferred by the legislature upon police courts of offenses committed outside of city
limits: Ex parte, Hagenschneider, 2 O. D. 548.
This section is valid: Fletcher v. State, 7 O. D. 316.
A party is entitled to a jury trial, only where the punishment is wholly or partly imprisonment, unless
it is expressly given him by law: Id.
(1788-1) [Police jurisdiction in Zanesville.] Power and authority
is hereby vested in the council of all cities which by the last preceding federal
census had a population of not less than 21,009 and not more than 21,020, or
which at any subsequent federal census may have such population to provide by
ordinance for the extension of the jurisdiction of the city ordinances for police
regulation for the distance of one mile outside the corporate limits of said
city. [92 v. 743.]
(1788-2) [As to warrants and affidavits.] Upon the passage of such
ordinance by the council of any city, having such population, all ordinances of
said city for police regulation will be obeyed and respected, and all affidavits
and warrants shall be good as to jurisdiction if the offense charged was com-
mitted within the radius of one mile outside of the limits of said city. [92 v.
743.]
SEC. 1789. [Hearing in felonies.] In felonies committed within the
county, the court shall have the powers of a justice of the peace to hear the
921
Tit. XII, Div. 5, Ch. 1.
POLICE COURT.
§§ 1790-1796.
case, and discharge, recognize, or commit; and if, upon such hearing, the
court is of the opinion that the offense is only a misdemeanor, and that the
court may entertain jurisdiction of it under [the last] section a plea of guilty
of such misdemeanor may be received, and sentence and judgment pronounced;
but if in such case the accused decline to enter such plea, the court, without
discharging the accused, shall cause the prosecuting attorney to immediately
file in the court an information against the accused for such misdemeanor, on
which charge he shall be tried in that court, after an entry has been made dis-
charging him of the felony.
The police court of Cincinnati has no jurisdiction to try a person charged with committing the offense
escribed in 6862: State ex rel. Hamilton, 3 C. C. 10.
SEC. 1790. [Where, on charge of misdemeanor, proof shows felony.]
Where the charge is the commission of a misdemeanor, and the proof shows
that the party has committed a felony, the court, upon the proper affidavit
being filed, shall discharge the party as to the misdemeanor, and admit him to
bail or commit him, as the case may be, for the felony.
SEC. 1791. [General powers.] The court shall have power to issue
process, preserve order, and punish contempts, summon and impanel jurors,
grant new trials and motions in arrest of judgment, suspend execution of
sentence upon notice of intention to apply for leave to file a petition in error,
and such other powers incident to the court of common pleas as may be neces-
sary for the exercise of the jurisdiction herein conferred, and the enforcement
of the judgments and orders of the court. [72 v. 51, § 168; S. & C. 1521.]
See note to Williams v. State, 25 O. S. 628, under 21788.
Cited Flatau v. Mansfield, 14 C. C. 594; 7 O. D. 39.
SEC. 1792. [In what name prosecutions carried on.] Prosecutions for
offenses against the laws of the state shall be brought and conducted in the
name of the state, and prosecutions for violations of city ordinances shall be
brought and conducted in the name of the corporation; and in any case a new
trial may be granted within the same time and for the same cause as in like
cases in the court of common pleas. [66 v. 177, § 196 (169); (S. & S. 798).]
SEC. 1793. [Terms of the court.] The police court shall always be open
for the transaction of business, but may adjourn from day to day, or from time
to time, and shall be considered as holding monthly terms, each commencing
on the first Monday of the month. [72 v. 51, § 171; (S. & S. 799).]
SEC. 1794. [Mode of prosecuting, etc.] The mode in which business
shall be brought before the court shall be fixed by ordinance of the city coun-
cil or rule of court. [72 v. 51, §171; (S. & S. 799).]
The provisions of 22 1794 and 1795 do not have the effect of dispensing with the warrant founded on oath
or affirmation: Eichenlaub v. State, 36 O. S. 140–144.
SEC. 1795. [Rules.] The judge shall adopt such rules of practice and
procedure as will give each party a proper statement of any charge against him,
and a full opportunity of being heard, which rules shall be placed in the court
room. [66 v. 177, § 173; (S. & S. 799).]
This section does not have the effect of dispensing-and, for the reasons already given, could not dispense-
with the warrant founded on oath or affirmation required by the Constitution and laws: Eichenlaub v. State,
36 O. S. 140.
SEC. 1796. [As to dispatch of business; interpreter.] The business of
the court shall be dispatched with all the speed consistent with a full, fair trial
or hearing of the cases; and in cities of the second grade of the first class, the
judge of the police court may appoint an interpreter for said court for the term
of two years, who shall receive such compensation as the council of such city
shall prescribe, not exceeding fifteen hundred dollars per year. Said inter-
preter shall attend all sessions of said court and obey all orders of the judge
of said court; he shall receive no fees while acting in the capacity of inter-
preter, except such compensation as shall be fixed by ordinance of the city
922
$S 1797-1797c.
POLICE COURT.
Tit. XII, Div. 5, Ch. 1.
council as aforesaid; provided, said judge shall have power, for adequate cause,
to remove said interpreter. [90 v. 256; 88 v. 99; 66 v. 177, § 173.]
SEC. 1797. [Salary of judge.] The judge of the police court shall
receive no fees or perquisites, but shall receive such annual compensation, not
exceeding two thousand dollars, as the council may prescribe, payable quar-
terly out of the city treasury, and such further compensation payable out of
the county treasury, as the commissioners of the county may deem proper; but
in cities of the first grade of the first class such judge shall receive not less than
fifteen hundred dollars a year from the city treasury, and not less than fifteen
hundred dollars a year from the county treasury; and in cities of the first grade
of the second class, such judge shall receive a salary of two thousand dollars
per year, payable monthly, out of the city treasury; and nothing in this sec-
tion shall prohibit any police judge from receiving the fees from [for] taking
the acknowledgment of instruments, depositions and affidavits which are
allowed to justices of the peace for like service. [88 v. 67; 66 v. 177, § 170;
(S. & S. 798).]
Additional compensation in Columbus to police judge, prosecutor, clerk and deputy
clerk, see? (7161-2), but compare ? (1545—122) with ? (1545—106).
SEC. 1797a. [Salary of judge in Dayton; fees.] In cities of the sec-
ond grade of the second class, the judge of the police court shall receive no fees
or perquisites, but shall receive an annual salary of two thousand dollars, pay-
able monthly out of the city treasury, and nothing in this section shall pro-
hibit such police judge from receiving the fees for taking the acknowledgment
of instruments, depositions and affidavits which are allowed to justices of the
peace for like services. [89 v. 137.]
SEC. 1797b. [Compensation of Ashtabula police jndge; fees; fines.]
In cities of the fourth grade a of the second class the police judge and ex officio
clerk of the police court, in criminal cases or prosecutions, shall receive no fees,
fines or perquisites, but shall receive such annual compensation as the council
of such cities shall prescribe by ordinance, payable quarterly out of the city
treasury, and such further compensation payable out of the county treasury as
the commissioners of the county may deem proper; provided, that such judges
shall receive from the county treasury not less than two hundred dollars; pro-
vided further, that nothing in this section shall prohibit any such judge and
ex officio clerk from receiving such fees in civil cases, and for taking acknowl-
edgments of instruments, depositions, affidavits, etc., as are allowed justices
of the peace for like services; and all fines and fees collected for the violation
of ordinances shall be turned over to the city treasurer, by such judge, on or
before the fifth day of each month, and he shall make a written statement of
he number and amount of the same, and file the same with the city clerk be-
fore the first regular meeting of the council of such cities in each month, who
shall report the same to the council and make a minute of the same upon the
council journal; and all fines or fees collected by him for violations of the state |
laws shall, on or before the first day of January, April, July and October, re-
spectively, of each year, be turned over to the county treasurer. [91 v. 59.]
SEC. 1797c. [Clerk of police court in Portsmouth; compensation; fees
for taking acknowledgments, etc.] In cities of the second class, third grade c,
the police judge shall be ex-officio clerk of the police court, and shall receive
such compensation for the performance of both the duties of police judge and
clerk of police court as may be allowed him by ordinance of council, and the
county commissioners, as provided in section 1808 and no more; provided,
that any such police judge may receive such fees for taking acknowledgments,
depositions, and affidavits, as are allowed by law to justices of the peace for
like services. [92 v. 615.]
Part of new charter for Portsmouth to be submitted to electors.
+
923
Tit. XII, Div. 5, Ch. 1.
POLICE COURT.
S$ 1798-1803.
SEC. 1798. [Provisions as to jurors, witnesses, etc.] The court shall
have power to compel the attendance of witnesses, jurors, and parties; jurors
shall have the qualifications and be subject to the challenges of those in the
court of common pleas in like cases; they shall be selected, summoned, and
impaneled in accordance with an ordinance of the council, or if no such ordi-
nance is in force, in accordance with a rule of the court; and they shall receive
the same fees as are allowed jurors in the court of common pleas in such cases,
which shall be payable out of the county treasury in state cases, and out of the
city treasury in cases for the violation of ordinances. [66 v. 177, § 172.]
A trial and sentence to imprisonment, by a mayor, of a person charged with the violation of an ordi-
nance, where no means of a trial by jury is provided, are illegal: Thomas v. Ashland, 12 O. S. 124.
Jury fee to be paid out of county treasury for police court juror in state case: State ex rel. Atkinson v.
Cappeller (Ham. Dist. Court), 5 W. L. B. 365.
The provisions of an ordinance passed under the above section are exclusive: State v. Benton, 4 C. C.
81, 82.
SEC. 1799. [Witnesses' fees.] Witnesses in the police court shall be
allowed the same fees in cases arising from a violation of the ordinances, as are
allowed in like cases before justices of the peace, which shall be paid in the
same manner; and in state cases the same fees as in like cases in the court of
common pleas, which shall be paid in the same manner. [66 v. 178, § 178;
(S. & C. 1537).]
SEC. 1800. [Other fees.] Other fees in the police court shall be the
same in state cases as are allowed in the probate court, or before justices of the
peace, in like cases; and in cases for violation of ordinances such fees as the
council shall, by ordinance, prescribe, not exceeding the fees for like services in
state cases. [66 v. 178, § 177.]
SEC. 1801. [Recognizances.] In felonies, the court shall recognize such
of the witnesses as will probably be required in the court of common pleas to
appear in that court; one instrument, in which, under the penalty named, the
witnesses shall severally undertake to appear before the court of common pleas
of the county forthwith, or at the next term, as the case may be, shall be suf-
ficient; all recognizances, whether of the accused or the witnesses, shall, when
taken, be certified and entered on the journal, and forthwith delivered to the
clerk of the court of common pleas; and neither coverture, nor minority, shall
be a defense to any recognizance. [66 v. 178, § 176.]
SEC. 1802. [Substitute for judge.] During the absence, inability, or
disability of the judge, the mayor may hold the court, or may select for the
purpose a reputable member of the bar, or a justice of the peace, residing within
the city, who shall have the jurisdiction and powers conferred upon judges of
police courts, be styled "acting police judge," and, as such, sign all process and
records during the time he shall serve, and perform all other acts pertaining to
the office; and in case the mayor hold the court, he shall have all the powers
and perform all the duties of the judge. [70 v. 248, § 174; 66 v. 170, § 124;
(S. &¯S. 800).]
The acts of an officer de facto, when questioned collaterally, are as binding as those of an officer de jure :
Ex parte Strang. 21 O. S. 610: Molitor v. State, 6 C. C. 263.
To constitute an officer de facto of a legally existing office, it is not necessary that he should derive his
appointment from one competent to invest him with a good title to the office. It is sufficient if he derives
his appointment from one having colorable authority to appoint; and an act of the general assembly,
though not warranted by the Constitution, will give such authority: Ib.
Assuming (but without deciding the question) the power of appointment conferred on the mayor by
this section to be unauthorized by the Constitution, yet the person acting under such appointment would be
a judge de facto: Ib.
SEC. 1803. [Compensation of acting police judge.] The person selected
as judge shall be paid for the time occupied in the same manner and at the
same rate as the police judge, and the amount so paid shall not be deducted
from the compensation of the police judge; provided the said absence,
inability or disability of the police judge, and the holding of the court by such
acting police judge, shall not exceed sixty days in any one year; and all courts
shall take judicial notice of the selection and powers of such person. [1882,
April 11: 79 v. 85; Rev. Stat. 1880; 70 v. 248, § 174; 66 v. 170, § 124.]
924
S$ 1804-1809.
POLICE COURT.
Tit. XII, Div. 5, Ch. 1.
SUBDIVISION II.
CLERK.
For 1804-1811, see (S. & C. 1533).
SEC. 1804. [Clerk of police court: his powers.] The clerk of the
police court shall have power, when an affidavit is filed with him for a peace
warrant, search warrant, or charging any person with the commission of an
offense, to issue a warrant under seal of said court to arrest the accused or
search the place described; to admit to bail any person accused of a misde-
meanor or violation of an ordinance for his appearance at the next sitting of
the police court or mayor, as the case may be; and the bond given to continue
until the case is finally disposed of; and also to admit to bail any person
accused of a felony when the amount of bail has been fixed by the court or
mayor, as the case may be; to appoint one or more deputies to be approved by
the council, to administer oaths and to perform all other things which may be
performed by the clerk of the court of common pleas in like cases. [92 v. 98;
84 v. 26, 27; 83 v. 68; Rev. Stat. 1880; 67 v. 72, § 185; 66 v. 178, § 182.]
See note to 1707.
This section is not unconstitutional by reason of authorizing a non-judicial officer to issue a warrant
or not as he may think or not that a crime has been committed: Molitor v. State, 6 C. C. 263.
SEC. 1805. [Duties as to papers.] He shall file and preserve all infor-
mations, process, motions, and papers of every description used in the court,
except such as he may be required to transmit to another court. [66 v. 179,
§187; (S. & C.1537).]
SEC. 1806. [Journal; record.] He shall keep a journal of all orders
and judgments of the court, and on the opening of the court on any day, the
minutes of the preceding day shall be read, and signed by the judge, the
errors, if any, being first corrected; and the entries on the journal in any case,
in connection with the information and other papers, shall constitute and have
the force of, a final record. [66 v. 179, § 187; (S. & Ć. 1537).]
SEC. 1807. [Report.] He shall, on the first Monday of every month,
make, under oath, to the city auditor, a report of all fines, penalties, fees, and
costs imposed by the court in city cases, showing in what cases the same have
been paid, and in what cases they remain unpaid; and also, at the same time,
he shall make a like report to the county auditor as to state cases; and he
shall immediately pay into the city and county treasuries, respectively, the
amount then collected, or which may have come into his hands, from all
sources, during the preceding month. [66 v. 179, § 189.]
SEC. 1808. [His bond and compensation.] He shall give such bonds,
with sureties, as may be required by the council and county commissioners,
and shall receive for his services, in cities of the first class, in city cases, a fixed
salary to be prescribed by ordinance of the council, of not less than twelve
hundred dollars nor more than two thousand dollars per year, and for state
cases such further allowance as the county commissioners may deem proper,
but not exceeding twelve hundred and fifty dollars per year, and in cities of
the third grade a, and third grade c, of the second class, in city cases, a fixed
salary, to be prescribed by ordinance of the council of not less than six hun-
dred dollars nor more than one thousand dollars per year and for state cases
such further allowance as the county commissioners may deem proper, but not
exceeding two hundred dollars per year. [93 v. 615; 91 v. 195; 91 v. 158; 89
v. 19; 88 v. 161; 84 v. 26, 27; 83 v. 68; Rev. Stat. 1880; 66 v. 178, §§ 183, 184;
(S. & S. 799).]
See note to ? 1707, and also note under 2 1797.
SEC. 1809. [Powers, salary, and bond of deputy clerk; Cincinnati,
Cleveland and Toledo.] A deputy clerk of the police court may perform any
925
Tit. XII, Div. 5, Ch. 1.
POLICE COURT.
SS1810-1815.
duty of the principal; he shall receive such compensation as the council may
prescribe, but not exceeding fifteen nor less than seven hundred dollars per
year; and such further compensation in cities of the first class of the first
grade as the county commissioners shall determine, but not exceeding six
hundred dollars per year and such further compensation in cities of the first
class of the second or third grade as the county commissioners shall determine,
but not exceeding five hundred dollars per year; and the principal may take
from him an undertaking, with sureties, for the faithful performance of such
official duties. [92 v. 401; 85 v. 7; 83 v. 68; Rev. Stat. 1880; 67 v. 72, § 135;
(S. & S. 799).]
SEC. 1810. [Inability of clerk; substitute.] When there is temporary
inability of the clerk, and no deputy has been appointed, the judge may appoint
some competent person, who, upon giving the bond and taking the oath pre-
scribed, shall have the powers and perform the duties of the clerk; and the
person so appointed shall be paid out of the city treasury, on the order of the
council, at the same rate the clerk is paid for similar services; but such appoint-
ment shall be valid only until the inability be removed. [66 v. 179, § 186.]
SEC. 1811. [Clerk and deputy not to practice in certain cases.]
Neither the clerk nor his deputy shall be concerned as counsel or agent in the
prosecution or defense of any case that is or has been before the court. [66 v.
179, § 188.]
See ? 1817a.
SEC. 1812. [Surplus fees after payment of expenses.] If there be any
surplus of the fees collected for the city, after payment of the expenses of the
police court required to be paid by the city, such surplus shall, in cities of the
first class, except as otherwise provided by law, be appropriated by council for
the benefit of the common schools of the city. [1887, February 17: 84 v. 26,
27; Rev. Stat. 1880; 66 v. 179, § 190.]
SUBDIVISION III. PROSECUTING ATTORNEY.
SEC. 1813. [Prosecuting attorney.] The prosecuting attorney of the
police court shall prosecute all cases brought before such court and perform the
same duties, as far as the same are applicable to the police court, as the prose-
cuting attorney of the county. [1887, February 17: 84 v. 26, 28; Rev. Stat.
1880; 66 v. 179, § 191; (S. & C. 1536).]
See note under 2 1707.
SEC. 1814. [Salary.] He shall receive for his services in city cases
such salary as the council may prescribe, which shall be paid out of the city
treasury; and the county commissioners shall allow him such further com-
pensation as they deem proper, not exceeding fifteen hundred dollars per
annum, which shall be paid out of the county treasury; but in cities of the
first grade of the second class the prosecuting attorney shall receive an annual
salary of fifteen hundred dollars payable monthly out of the city treasury.
[90 v. 169; 88 v. 68; 66 v. 179, § 192; (S. & C. 1536).]
Repealed by ? (1545-162).
See note under ? 1797.
SEC. 1815. [Inability; substitute.] When there is temporary inability
or absence of such prosecuting attorney, the judge shall appoint some compe-
tent member of the bar to perform the duties until the removal of the inabil-
ity, or return of such prosecuting attorney; and the person so appointed shall
be paid for the time occupied, in the same manner, and at the same rate, as
such prosecuting attorney; which amount may, at the discretion of the judge,
be deducted from the salary of such prosecuting attorney. [66 v. 179, § 193.]
926
§ (1815-1).
POLICE COURT.
Tit. XII, Div. 5, Ch. 1.
(1815-1) [Police judicial districts and police justices (Cleveland);
jurisdiction, etc.] In cities of the first class and second grade, the city council
shall have the power to designate as many police judicial districts as may from
time to time be necessary, and shall provide for the election, term of office
and compensation and territorial jurisdiction of a police justice for each police
judicial district, but nothing in this act shall prevent police judges from hav-
ing jurisdiction in any and all cases in any police judicial district as herein
provided for. The city council shall provide a place where each police justice
shall hold his court, prescribe the procedure therein, appoint a clerk for each
district, fix his compensation, term of office and his duties, subject to the pro-
visions of this act. These courts shall have official seals, to be furnished by
the city, on which shall be engraved the state arms and the words "Police
judicial district No of Ohio." [89 v. 306.]
-
(1815-2) [Regulations governing courts.] Said police court justices
shall hold their courts under and subject to such regulations as may be pre-
scribed by the city council. [89 v. 306.]
(1815-3) [Jurisdiction and powers of police justices; sessions;
process.] Said police justices shall have final jurisdiction in all cases of vio-
lation of any ordinance of the city in which they are located, except in cases
where the accused is entitled to a jury trial, and demand the same, or in cases
where the validity of an ordinance is involved; in which cases, the police justice
shall forthwith certify the case with all the papers and certified copies of the
docket entries to the police court. The said police justices shall have power
to issue processes and preserve order and punish for contempt, grant motion
for new trials, motions in arrest of judgment, suspend executions of sentence
upon notice of intention to apply for leave to file petition in error, and shall
exercise all other powers necessary in the exercise of their jurisdiction. Said.
court shall always be open for business, and the processes issued by said courts
shall be served by the police force of said cities. [89 v. 306.]
(1815-4) [Rules of practice and procedure.] Said police justices
shall have power to make such rules of practice and procedure as are necessary
to the exercise of their jurisdiction and allow the accused a full opportunity
of being heard. [89 v. 306.]
(1816-5) [Powers, duties and bond of clerks.] The clerks of said
police districts shall have power to administer oaths, admit to bail, qualify
sureties on bail bonds, and shall keep a full record of the proceedings of said
courts; shall collect all fines and penalties and pay the same into the city
treasury; and shall give a good and sufficient bond for the faithful performance
of the duties in such sum as the city council shall determine. [89 v. 306.]
(1815-6) [Compensation of police justices.] The compensation of
a police justice shall not be less than $1,500 per annum, payable quarterly
from the city treasury. [89 v. 306.]
(1815-7) [Election, appointment, etc., of justices.] Said police jus-
tices shall be elected on the first municipal election held after the passage of
this act; and the mayor of any city of the second grade and first class may
appoint some suitable person or persons for each police judicial district in
their respective cities, who shall hold the position until said election, with the
full powers and subject to all the provisions of this act; provided, the city coun-
cil shall make the divisions as provided in section 1 [§(1815-1)] of this act; and
if a vacancy should occur or any police justice be unable from absence, sickness
or other cause to hold court, then the mayor may designate some suitable per-
son, who shall hold court during said absence or inability of the police justice.
or until the vacancy is filled by election. [89 v. 306.]
(1815-8) [Power of clerk to adjourn court.] The clerk of each police
judicial district shall have power to adjourn court in the absence of the justice.
[89 v. 306.]
927
Tit. XII,Div.5,Ch.2. POLICE POWER OF MAYOR, ETC.
S$ 1816-1817a.
CHAPTER 2.
POLICE POWER OF MAYOR, POLICE JUSTICE, PRESIDENT OF THE BOARD OF TRUST-
EES OF A HAMLET, AND A JUSTICE OF THE PEACE IN A HAMLET.
SUBDIVISION I. In cities except of the first class.
SUBDIVISION II. In villages.
SUBDIVISION III. In hamlets.
SUBDIVISION IV. Further provisions concerning the powers of the mayor and other officers in matters of a criminal
or police nature.
SECTION
1816. Final jurisdiction in city cases.
1817. Final jurisdiction in certain state cases.
SUBDIVISION I.
1817a. Clerk of mayor's court not to be concerned in pros-
ecution or defense.
1818. Jurisdiction where jury is waived.
1823. Final jurisdiction under ordinances.
1824. Jurisdiction in certain state offenses.
SECTION
1819. Certain city cases must be tried by jury.
1820. Certain state cases may be tried by jury.
1821. In certain state cases accused may be recog-
nized.
1822. Jurisdiction in felonies.
SUBDIVISION II.
1825. Jurisdiction where jury is waived.
1826. When violation of ordinance tried by jury.
1827. When he may recognize, etc., for violation of
ordinance.
1828. When misdemeanors may be tried by jury.
1829. When he may recognize in such cases.
1830. Jurisdiction in felonies, etc.
1830-1. Defining boundary line between villages
adjoining each other on opposite sides of
railroad, and their separate jurisdiction.
1830-2. Jurisdiction of municipality over right of
way of railroad adjoining or forming part of
boundary line.
1831.
Police justice; appointment; term: jurisdic-
tion; powers; duties, etc.
1832.
Manner of signing process; his seal, powers,
etc.
SUBDIVISION III.
1833. Powers of president of board or justice of the 1835. When he must recognize, etc.
peace.
1834. When he may finally determine case.
1836. Disposition of fines.
SUBDIVISON IV.
1837. Further as to the powers of mayors in criminal
matters.
1841. Penalties, etc., of jurors; fees of jurors and
witnesses.
1838. Proclamation as to sale of liquors on election
1842.
days.
Fees: how paid to witnesses and jurors.
1843. Fees of officers.
1839. Ordinance as to juries; qualification of ju-
rors, etc.
1840. Talesmen.
1844.
Contempts; rules.
1845.
Supervision of prisons, etc.
1846.
When offender may be confined until fine and
costs paid.
SUBDIVISION I. IN CITIES EXCEPT OF THE FIRST CLASS.
SEC. 1816. [Final jurisdiction in city cases.] In cities, other than
those which have a police court, the mayor shall have final jurisdiction to hear
and determine any prosecution for the violation of an ordinance of the corpo-
ration, unless imprisonment is prescribed as part of the punishment. [66 v.
169, § 114; 69 v. 192, § 117.]
As to final jurisdiction of mayors for violation of certain game laws, see ? (6968—5).
As to final jurisdiction as to unbranded oil for mines, see ? 306a.
Restoration of lost or destroyed docket, see ? (609—1).
See ? 1744 et seq., and 1823 et seq.
SEC. 1817. [Final jurisdiction of certain state cases.] He shall have
final jurisdiction to hear and determine any prosecution for a misdemeanor,
unless the accused is, by the constitution, entitled to a trial by jury; and his
jurisdiction in such cases shall be co-extensive with the county. [66 v. 169,
§ 114; 69 v. 192, § 117.]
If a punishment is fine only and an imprisonment is only allowed, in order to enforce the fine, there is
no right to a jury and the mayor can try the case: Ward v. State, 5 N. P. 81.
SEC. 1817a. [Clerk of mayor's court not to be concerned in prosecu-
tion or defense.] Neither the clerk of the mayor's court, nor his deputy, shall
:
928
SS 1818-1825.
POLICE POWER OF MAYOR, ETC. Tit. XII, Div.5, Ch.2.
be concerned as counsel or agent in the prosecution or defense of any case that
is or has been, before the court of which such person is clerk or deputy. [1881,
March 11: 78 v.50.]
See ? 1811.
SEC. 1818. [Jurisdiction where jury is waived.] He shall have such
jurisdiction in the cases mentioned in the last two sections, notwithstanding
the right to a jury, if before the commencement of the trial, the accused waive
a jury trial. [66 v. 169, § 114; 69 v. 192, § 117.]
If the record is silent as to waiver of jury, no jurisdiction is shown: Ward v. State, 5 N. P. 81.
SEC. 1819. [Certain city cases must be tried by jury.] If the charge is
the violation of an ordinance in a matter with respect to which imprisonment
may be a part of the punishment, and the accused does not waive a jury, the
mayor shall, nevertheless, impanel a jury, and try the case on the affidavit, in
the same manner, and with like effect, as misdemeanors are tried in the court
of common pleas on indictment. [66 v. 169, § 114; 69 v. 192, § 117.]
Cited in Morgan v. Nolte, 37 O. S. 25.
SEC. 1820. [Certain state cases may be tried by jury.] If the charge
is the commission of a misdemeanor, prosecuted in the name of the state, and
the accused, being entitled to a jury, does not waive the right, the mayor may,
nevertheless, impanel a jury, and try the case on the affidavit, in the same
manner, and with like effect, as such cases are tried in the court of common
pleas on the indictment. [66 v 169, § 114; 69 v. 192, § 117.]
SEC. 1821. [In certain state cases accused may be recognized, etc.]
The mayor may, however, decline to have such state case tried before him by
a jury, if in his opinion the public interest will thereby be promoted, and,
having entered that fact on his minutes, inquire into the complaint, discharge
the accused, or recognize him to the court of common pleas or probate court, as
the case may be, or commit him in default of bail. [66 v. 169, § 114; 69 v. 192,
§ 117.]
Where a person arrested upon a warrant for violating a penal statute of the state agrees with the mayor
to deposit money in lieu of bail, and such deposit is accepted and the prisoner released pending his exami-
nation, the money so deposited having, upon failure of the prisoner to further appear, been declared for-
feited and paid into the treasury of the proper county, can not be recovered back by the depositor: City of
Columbus v. Reinhard, 1 C. C. 289.
SEC. 1822. [Jurisdiction in felonies, etc.] In felonies, and other crimi-
nal proceedings not herein provided for, such mayor shall have jurisdiction
and power, throughout the county, concurrent with justices of the peace.
[66 v. 169, § 114; 69 v. 192, §117.]
SUBDIVISION II. IN VILLAGES.
SEC. 1823. [Final jurisdiction under ordinances.] In villages, the
mayor shall have final jurisdiction to hear and determine any prosecution for
the violation of an ordinance of the corporation, unless imprisonment is pre-
scribed as part of the punishment. [66 v. 169, §114; 69 v. 192, § 117.]
As to final jurisdiction of mayors for violation of certain game laws, see ? (6968—5).
As to final jurisdiction as to unbranded oil for mines, see ? 306a.
As to jurisdiction of mayor, see ? 1744 et seq., and ? 1816 et seq.
Cited: Bradner v. Grundetisch, 8 O. D. 122; 15 C. C. 32.
SEC. 1824. [Jurisdiction in certain state offenses.] He shall have final
urisdiction to hear and determine any prosecution for a misdemeanor, unless
the accused is by the constitution entitled to a trial by jury; and his jurisdic-
tion in such cases shall be co-extensive with the county. [66 v. 169, § 114;
69 v. 192, § 117.]
SEC. 1825. [Jurisdiction when jury is waived.] He shall have the
jurisdiction in the cases mentioned in the last two sections, notwithstanding
·
1
929
Tit. XII,Div.5,Ch.2. POLICE POWER OF MAYOR, ETC.
§ 1826.
the right to a jury, if before the commencement of the trial, a waiver in writ-
ing, subscribed by the accused, is filed in the case. [66 v. 169, § 114; 69 v. 192,
§ 117.]
SEC. 1826. [When violation of ordinance tried by jury.] He may
summon a jury, and try the accused, in any prosecution for the violation of
an ordinance, where imprisonment is a part of the prescribed punishment, and
the accused does not waive a jury; and in such case, judgment shall be rendered
in accordance with the verdict, unless a new trial, for sufficient cause, is granted.
[66 v. 169, § 114; 69 v. 192, § 117.]
Cited Bradner v. Grundetisch, 8 O. D. 122; 15 C. C. 32.
SEC. 1827. [When he may recognize, etc., for violation of ordinance.]
He may decline to permit the trial, mentioned in the last section, if in his
opinion the public interest will be thereby promoted, and having entered that fact
on his docket, proceed to inquire into the complaint, and discharge the accused,
recognize him to the court of common pleas, or commit him in default of bail;
and in such case the court of common pleas shall have jurisdiction of the
offense. [66 v. 169, § 114; 69 v. 192, § 117.]
On disagreement of a jury in the first trial the mayor may examine and bind over the defendant instead
of re-trying him: Earnhart v. Lebanon, 5 C. C. 578.
SEC. 1828. [When misdemeanor may be tried by jury.] In misde-
meanors prosecuted in the name of the state he may summon a jury and try
the case notwithstanding the accused has a right to a jury which he has not
waived, if a request for such trial subscribed by the accused is filed in the case,
before the commencement of the trial; provided, that in villages situated in
counties containing a city of the first grade of the first class such request by
the accused shall not be necessary. And in such case the trial shall be had on
the affidavit in the same manner and with like effect as a trial is had on an
indictment for such offense in the court of common pleas. [89 v. 362; 66 v.
169, § 114; 69 v. 192, § 117.]
See note to Ward v. State, 5 N. P. 81, under ? 1817.
SEC. 1829. [When he may recognize in such cases.] If in the opinion
of the mayor the public interest will thereby be promoted, he may decline to
permit such trial, and having entered that fact on his docket, proceed to
inquire into the complaint, and discharge the accused, recognize him to the
court of common pleas or probate court, as the case may be, or commit him in
default of bail. [66 v. 169, § 114; 69 v. 192, § 117.]
SEC. 1830. [Jurisdiction in felonies, etc.] In felonies, and other crim-
inal proceedings not herein provided for, such mayor shall have jurisdiction
and power throughout the county, concurrent with justices of the peace.
[66 v. 169, § 114; 69 v. 192, § 117.]
(1830-1) [Defining boundary line between villages adjoining each
other on opposite sides of railroad, and their separate jurisdiction.]
Whenever two villages adjoin each other on opposite sides of the line of any
railroad in any county containing a city of the first grade of the first class, the
boundary line between such villages, except where the same had been estab-
lished previous to the passage of the act hereby repealed, shall be along
the middle of the right of way of said railroad. And the boundary lines of
villages affected by said act passed March 31st, 1881, are hereby changed and
re-established on the lines established previous to the passage of said act.
[88 v. 242; 78 v. 93.]
(1830-2) [Jurisdiction of municipality over right of way of rail-
road adjoining or forming part of boundary line.] Whenever the line of a
railroad adjoins or forms a part of the boundary line of a municipal corpora-
tion, such municipal corporation shall have jurisdiction over the entire width
of the right of way of the line of railroad, so adjoining or forming a part
60
930
SS 1831-1837.
POLICE POWER OF MAYOR, ETC. Tit. XII,Div.5,Ch.2.
of the boundary line of such municipal corporation, for the punishment of
the violation of the ordinances of such municipal corporation.* [92 v. 428.]
SEC. 1831. [Police justice; appointment; term; jurisdiction; powers;
duties, etc.] In villages, and cities not otherwise provided for by law, the council
may, upon the recommendation of the mayor by an affirmative vote of two-
thirds of all the members elected, appoint some justice of the peace, resident
of the corporation or city, a police justice, who shall during the term of office
of such mayor, unless removed on suggestion of such mayor by a vote of two-
thirds of the members elected of the council, have concurrent jurisdiction of all
prosecutions for violations of ordinances of the corporation or city with full power
to hear and determine the same, and shall have the same powers, perform the
same duties, and be subject to the same responsibilities in all such cases as are
prescribed in the preceding sections, to be performed by and are conferred on
the mayors of such corporations and cities. [93 v. 12; 89 v. 139; 69 v. 192, § 117.]
The police justice appointed by council under this section, has the same jurisdiction as the mayor has
in offenses against the state: Morgan v. Tighe, 12 C. C. 719; 10. D. 508.
He has jurisdiction in a case of keeping open a saloon on Sunday: Id.
SEC. 1832. [Manner of signing process; his seal, powers, etc.] Such
justice of the peace so appointed shall be styled "Police justice," in which
style he shall sign all process and records during the time he shall serve; he
shall have a seal, to be provided by the council, with the name of the state in
the center, and the words "Police justice of the village of
" around the
margin; and all the provisions of this chapter applicable to the mayor of a
village shall apply to such police justice. [69 v. 192, § 117.]
SUBDIVISION III. IN HAMLETS.
,
SEC. 1833. [Power of president of board and justice of the peace.]
A justice of the peace of a township in which a hamlet, or any part of it, may
be situated, or the president of the board of trustees of such hamlet, shall have
jurisdiction in any prosecution for the violation of any ordinance of such cor-
poration, to hear and finally determine the same, and impose the prescribed
punishment, unless imprisonment is a part of the prescribed punishment.
[73 v. 170, § 56.]
SEC. 1834. [When he may finally hear and determine.] If imprison-
ment is a part of the prescribed punishment for such offense, the justice or
president shall have jurisdiction to hear and determine the case, and inflict
the prescribed punishment, if the accused before the commencement of the
trial, subscribes and files in the case a waiver of a jury. [73 v. 170, §56.]
SEC. 1835. [When he shall recognize, etc.] If in the cases mentioned
in the last section, the accused does not subscribe such waiver, the justice or
president shall inquire into the complaint, and discharge the accused, or recog-
nize him to appear before the court of common pleas, or commit him in default
of bail, and in such case the court of common pleas shall have jurisdiction of
the offense, and shall direct the prosecuting attorney to file an information
against the accused, on which he shall be tried. [73 v. 170, § 56.]
SEC. 1836. [Disposition of fines.] Fines collected by any officer for
the violation of an ordinance of a hamlet, shall be by him paid over to the
clerk of the corporation, to be applied to corporation purposes. [73 v. 170,
§ 56.]
SUBDIVISION IV. FURTHER PROVISIONS CONCERNING THE POWERS OF THE MAYOR
AND OTHER OFFICERS IN CITIES AND VILLAGES IN MATTERS OF A CRIMINAL
OR POLICE NATURE.
SEC. 1837. [Further as to powers of mayors in cities and villages in
criminal matters.] The mayor shall have, within the corporate limits, all the
powers conferred upon sheriffs to suppress disorder and keep the peace; and
931
Tit. XII, Div.5, Ch.2. POLICE POWER OF MAYOR, ETC.
SS 1838-1845.
he shall award and issue all writs and process that may be necessary to enforce
the administration of justice throughout the corporation, and for the lawful
exercise of his jurisdiction, according to the usages and principles of law; he
shall subscribe his name and affix his official seal to all writs, process, tran-
scripts, and other official papers; and, in cities having no police judge, in the
absence or during the disability of the mayor, he may designate a justice of
the peace to perform his duties in criminal matters, which justice shall, during
the time, have the same power and authority as the mayor. [66 v. 169, § 118.]
Construed Wheeler v. Gavin, 5 C. C. 246, 250.
SEC. 1838. [Proclamation as to sale of liquors on election day.] The
mayor shall, three days previous to and on the day of any election, issue a
proclamation to the public, setting forth therein the substance of the enact-
ments to prohibit the sale of intoxicating liquors on that day; and it shall be
the duty of the mayor to take proper measures for the enforcement of such
enactments. [61 v. 24, §1; S. & S. 344.]
SEC. 1839. [Ordinances as to juries; qualification of jurors, etc.]
The council of any city or village shall have power to prescribe by ordinance for
summoning and impaneling juries under this division; and the jurors so sum-
moned shall have the qualifications of jurors in the court of common pleas,
and may be impaneled to try any case which, by the constitution, or the pro-
visions of this division, is triable by jury. [66 v. 180, § 194.]
SEC. 1840. [Talesmen.] When any juror so summoned, upon challenge
or inquiry, is found incompetent, he may be dismissed, and a talesman called
by the marshal, or other officer attending the trial, and the panel shall be filled
in the same manner as panels are filled in the court of common pleas. [66 v.
180, § 195.]
SEC. 1841. [Penalties, etc., of jurors; fees of jurors and witnesses.]
Jurors so summoned shall perform like duties, and be subject to like rules
and penalties, as jurors before justices of the peace; and witnesses and jurors
shall, except as herein otherwise provided, receive the same compensation as
witnesses before justices of the peace. [66 v. 180, § 196.]
SEC. 1842. [How fees paid.] In cases for the violation of ordinances, the
fees of witnesses and jurors shall be paid, on the certificate of the officer pre-
siding at the trial, out of the corporation treasury, and in state cases on like
certificate out of the county treasury. [66 v. 180, § 196.]
SEC. 1843. [Fees of officers.] The costs of the mayor and other offi-
cers, in all cases, shall be fixed by ordinance, but in no case greater than the
fees for similar services before justices of the peace; and in case of conviction
the fees of officers, jurors, and witnesses shall be taxed against the parties con-
victed; and in case of acquittal of the violation of an ordinance, the costs,
except the fees of the mayor and marshal, shall be taxed against the corpora-
tion. [66 v. 180, § 197.]
As to fees of mayor when persons convicted work out their fines and costs, see Gibson v. City of Zanes-
ville, 31 O. S. 184.
SEC. 1844. [Contempts; rules.] The officer presiding at any such trial
shall have like power to punish contempts, and compel the attendance of jurors
and witnesses, and to establish rules for the examination and trial of all cases
brought before him, as is or may be conferred on justices of the peace. [66 v.
180, § 198.]
SEC. 1845. [Supervision of prison, etc.] The mayor, and in his absence,
the president of the council, shall have power to grant to magistrates of adjoin-
ing or contiguous townships the temporary use of the corporation prison, station
or watch-houses, to confine criminals, or other persons dangerous to the peace
of the community, until they can be safely removed therefrom to the county
jail, or other place of security. [66 v. 170, § 120.7
932
$ 1846.
MARSHAL AND CHIEF OF POLICE. Tit. XII,Div.5.Ch.3.
SEC. 1846. [When offender may be confined until fine and costs paid.]
When a fine is the whole or part of a sentence, the court, mayor, or president
of the board of trustees, may order that the person sentenced shall remain
confined in the county jail, work house, or prison, until the fine and costs be
paid, or secured to be paid, or the offender be otherwise legally discharged.
[66 v. 314, § 180; 60 v. 66, § 1; S. & S. 610.]
A city is not liable to its mayor for his costs where persons are fined for violating ordinances, and, in
default of payment, are sentenced to and perform labor for the benefit of the city, until such labor, at a stip-
ulated rate, amounts to a sum equal to the fine and costs; Gibson v. Zanesville, 31 O. S. 184.
For "
an act authorizing county commissioners of counties not having work-nouses to
release on parole indigent prisoners confined in jail for fines and costs," see (7349—4).
CHAPTER 3.
SECTION
1847. Marshal and his deputies.
1847-1.
MARSHAL AND CHIEF OF POLICE.
SUBDIVISION I. The Marshal.
SUBDIVISION II. Chief of Police.
SUBDIVISION I.
Marshal of Harrison to be street commis-
sioner.
1847-2. His compensation.
1847-3.
Marshal of McArthur shall be street com-
missioner.
1847-4. His compensation.
1855.
Chief of police.
1856. His duties.
1857.
Powers same as marshal.
SECTION
1848. Duties of marshal.
1849. To suppress riots, etc.
1850. Powers, liabilities, and fees.
1851. Disposition of fines.
1852. Disposition and record of stolen property.
1853. To be held subject to order of mayor.
1854. Report to mayor in regard to stolen property.
SUBDIVISION II.
1858. Compensation.
1859. To receive no perquisites.
1860. Disposition of fines.
SUBDIVISION I.
THE MARSHAL.
For ?? 1847-1854, see (S. & C. 1516, 1517).
In cities 4th grade, 2nd class, council may abolish office of marshal and create office of
chief of police, see ? 1707.
As to marshal of hamlet, see ? 1648.
SEC. 1847. [Marshal and his deputies.] The marshal shall be the
principal ministerial officer of the corporation. The council may appoint one
or more deputies, removable for cause at the pleasure of council, and may
require suitable bond from such deputies; and said deputies may execute all
writs, process, and orders directed to the marshal. [66 v. 172, § 140.]
An officer clothed with a magistrate's warrant went out of the state and arrested the accused: Held,
that in so doing he violated both public and private right, and that he could maintain no action for his
services: Smith v. Portage Co., 9 O. 25.
An officer who arrests a thief by virtue of a magistrate's warrant delivered to him for the purpose, can
not maintain an action to recover a reward offered by the injured party for the apprehension of the thief and
the recovery of the stolen property: Gilmore v. Lewis, 12 O. 281.
(1847-1) [Marshal of Harrison to be street commissioner.] In incor-
porated villages having a population of one thousand four hundred and seven-
teen at the last federal census, the marshal of such incorporated village shall,
in addition to his duties prescribed by law, also perform the duties of street
commissioner; no other street commissioner shall be elected or appointed in
such incorporated village. [75 v. 88.]
(1847-2) [His compensation.] For his services, the marshal of such
incorporated village shall receive a compensation not exceeding five hundred
dollars per annum, the amount to be fixed by the council of said village. [75
v. 88.]
(1847-3) [Marshal of McArthur shall be street commissioner.]
The council of incorporated villages, having a population of nine hundred
933
Tit. XII,Div.5,Ch.3. MARSHAL AND CHIEF OF POLICE. § (1847-4).
and seven, at the last federal census, may by ordinance of said village, provide
that the marshal of said village, shall in addition to his duties prescribed by
law, perform the duties of street commissioner, and that no other street com-
missioner shall be elected or appointed in said village. [78 v. 108.]
(1847-4) [Compensation.] For his services the marshal shall receive
such just compensation as may be fixed by the council of said village. [78
v. 108.]
See ? 1706.
SEC. 1848. [Duties of marshal.] He shall execute and return all writs
and process to him directed by the mayor, and shall, by himself or deputy,
attend on the sittings of said court, to execute the orders and process thereof,
and to preserve order therein; and his jurisdiction, and that of his deputies, in
the execution of all such writs and process, and in criminal cases, and in all
cases of a violation of the ordinances of the corporation, shall be co-extensive
with the county, and in civil cases shall be co-extensive with the jurisdiction
of the mayor in the same. [71 v. 76, § 141.]
Arresting under a warrant does not disqualify him from acting at the selection of the jury to try the
case: Mineral City v. Bender, 51 O. S. 122.
SEC. 1849. [To suppress riots, etc.] He shall suppress all riots, dis-
turbances, and breaches of the peace, and to that end may call upon the citi-
zens to aid him; he shall arrest all disorderly persons in the corporation, and
pursue and arrest any person fleeing from justice in any part of the state; he
shall arrest any person in the act of committing any offense against the laws.
of the state, or the ordinances of the corporation, and forthwith bring such
person before the mayor, or other competent authority, for examination or
trial; and he shall receive and execute any proper authority for the arrest and
detention of criminals fleeing or escaping from other places or states. [66 v.
173, § 142.]
Cited Reinhard v. City, 49 O. S. 257, 265.
An arrest without a warrant for breach of the peace is not authorized if the officer was not present
when the offense was committed: State v. Lewis, 50 O. S. 179.
To be construed with 27129: State v. Lewis, 50 O. S. 179, 189.
Where an officer authorized by statute to make arrests without a warrant, finds a person in the act of
committing a criminal offense, it is not necessary to the lawfulness of an attempt to arrest him to first inform
him of the charge upon which the attempted arrest is made, where the officer and the cause of arrest are
known to the offender: Wolf v. State, 19 O. S. 248.
Under a proper construction of 22 1849 and 7129, which must be construed together, a marshal of a
municipal corporation is authorized without warrant to arrest a person found on the public streets of the
corporation carrying concealed weapons contrary to law, although he has no previous knowledge of the fact,
if he acts bona fide and upon such information as induces an honest belief that the person arrested is in the
act of violating the law: Ballard v. State, 43 O. S. 340. Okey, J. dissented.
A police officer, under the provisions of this section or 2 7129, or as a private individual, under ? 7130, is
not authorized, on mere suspicion and without a warrant therefor, to arrest and confine a person on the
charge of being a deserter from the United States army-especially is this the case when the person so
arrested is not guilty of the charge. The person making such arrest is liable to an action therefor by the
person arrested: Kendall v. Scheve, 3 C. C. 526.
SEC. 1850. [Powers, responsibilities, fees, etc.] He shall have, in the
discharge of his proper duties, like powers, be subject to like responsibilities,
and shall receive the same fees, as sheriffs and constables in similar cases, for
services actually performed by himself or his deputies, and such additional
compensation as the council may prescribe; but in no case shall he receive any.
fees or compensation for services rendered by any watchman or other officer,
nor shall he receive for guarding, safe keeping, or conducting into the mayor's
or police court, any person arrested by himself or deputies, or by any other
officer, a greater compensation than twenty cents. [66 v. 173, § 143.]
See act referred to (78 v. 108) under 2 1706.
SEC. 1851. [Disposition of fines, etc.] All fees, costs, fines, and pen-
alties by him collected, shall immediately be paid over to the mayor, and he
shall report to the council monthly the amount thereof, and from whence and
for what purpose collected, and when paid over. [66 v. 173, § 144.]
934
§§ 1852-1860.
MARSHAL AND CHIEF OF POLICE. Tit. XII,Div.5,Ch.3.
SEC. 1852. [Disposition and record of stolen property.] All stolen
or other property taken by the members of the police force, in cities of the
second class, shall be delivered to the marshal, or officer performing like duties,
who shall, in a book to be kept for that purpose, keep a record of the same,
together with the name of the person from whom taken, the probable value of
the article, and such other information as may seem to him necessary. [74 v.
75, §1.]
SEC. 1853. [To be held subject to order of mayor.] Such officer
shall permit all persons to examine such record at their pleasure; he shall
hold all such goods or property subject to the order of the mayor, and dispose
of the same as the mayor may direct; and when any such goods or property
are sold by him, he shall forthwith pay all sums arising from such sale into the
city treasury. [74 v. 75, §1.]
SEC. 1854. [Report to mayor in regard to stolen property.] Such
officer shall, every thirty days, deliver to the mayor of his city a statement, in
writing, of all articles of goods or property which have come into his hands by
virtue of his office, which shall show what disposition has been made of the
same; which statement must be sworn to by such officer, who is hereby
made responsible to the mayor for all such articles, or their true value. [74 v.
75, §2.]
SUBDIVISION II. CHIEF OF POLICE.
Chief of police in Portsmouth to exercise duties of such officers provided herein, see
2 (1707f-1).
Board of control in Hamilton, successor of; exercises powers of, see ? (1545-290).
For ?? 1855-1860, see (S. & C. 1556).
SEC. 1855. [Chief of police.] In all corporations in which there is no
marshal, and which are not otherwise provided for in this division, the duties
imposed on that officer shall be performed by the chief of police. [66 v. 173,
§ 145.]
SEC. 1856. [His duties.] He shall be under the direction of the mayor,
and shall execute all process to him directed by the mayor or judge of the
police court, and shall, by himself, or an officer of the police to be by him
designated, attend on the sittings of those courts, to execute the orders and proc-
ess thereof, and preserve order therein. [66 v. 173, § 146.]
SEC. 1857. [Powers, etc., same as marshal.] He shall have the same
powers, perform the same duties, and be subject to the same responsibilities as
are imposed on the marshal in this chapter. [66 v. 173, § 147.]
SEC. 1858. [Compensation.] He shall receive for his compensation,
from the corporation, such sum, payable quarterly, as the council may by ordi-
nance prescribe, not exceeding fifteen hundred dollars per annum, and from the
county, in state cases, not exceeding five hundred dollars per annum, to be
allowed by the county commissioners. [66 v. 173, § 148.]
SEC. 1859. [He shall receive no perquisites.] In no case shall he, or
the lieutenant or watchman who may be detailed by him to attend on the police
court, demand or receive any perquisite, fee, or reward, other than is authorized
hy law. [66 v. 174, § 149.]
SEC. 1860. [Disposition of fines, etc.] All fines, penalties, and costs
collected by the chief of police, lieutenant, or watchmen, shall be paid over to
the clerk of the police court; and the same fees shall be charged and collected
by the chief of police, from persons convicted, as the marshal is herein author-
ized to charge and collect for similar services. [66 v. 174, § 150.]
935
Tit.XII,Div.5,Ch.4. ENFORCEMENT OF ORDINANCES. §§ 1861-1864.
CHAPTER 4.
ATION
LIMITATIONS ON FINE AND IMPRISONMENT; CIVIL ACTION FOR FINE; LIMITATION
SECTION
1861. How ordinances enforced.
1862. Limit to fine.
1863. Imprisonment at hard labor.
1864. Civil action for fine.
1865.
Limitation one year.
IN TIME OF PROSECUTION.
SECTION
1866. Party committed in default of payment.
1867. Imprisonment, where to be made.
1868. How imprisonment in county jail prohibited.
1869. When prohibition avoided by act of corpora-
tion.
SEC. 1861. [How ordinances, etc., enforced.] By-laws and ordinances
of municipal corporations may be enforced by the imposition of fines, for-
feitures, and penalties, on any person offending against any such by-law or
ordinance; and the fine, penalty, or forfeiture may be prescribed in each par-
ticular by-law or ordinance, or by a general by-law or ordinance made for that
purpose; and the municipal corporation shall have power to provide, in like
manner, for the prosecution, recovery, and collection of such fines, penalties, or
forfeitures. [66 v. 167, § 105; (S. & C. 1507).]
Under similar provisions it was held that the power given to impose a forfeiture did not confer the right
to seize and sell property without notice and an adjudication: Cotter v. Doty, 5 O. 393; Rosebaugh v. Saffin,
10 0. 31.
An ordinance which contravenes the policy of the state as declared in the general statutes, is illegal:
Canton v. Nist, 9 O. S. 439. Followed in Thompson v. Mt. Vernon, 11 O. S. 688, where it was held that an ordi-
nance which prohibited the sale of wine, etc., in a less quantity than a gallon was void.
The jurisdiction to punish under an ordinance, and under state law, is concurrent: Wightman v. State,
10 O. 452. Quære: Whether a conviction in one jurisdiction would be a bar to a prosecution in the other,
as was said in the opinion in that case.
The act of February 1, 1853 (S. & C. 708), giving to parties imprisoned for non-payment of fines the bene-
fit of laws for relief of insolvent debtors, was constitutional: Ex parte Scott, 19 O. S. 581.
SEC. 1862. [Amount of fines, etc.] Fines, penalties, and forfeitures
which do not exceed the sum of fifty dollars for any specified offense, or viola-
tion of the by-law or ordinance, or double that sum for each repetition of such
offense or violation, or which do not exceed ten dollars for each day where the
thing prohibited or rendered unlawful is, in its nature, continuous in respect
to time, shall not be deemed unreasonable; but where in any by-law or ordi-
nance a greater fine, penalty, or forfeiture is imposed than as above specified, it
shall be lawful for the court or magistrate, in any suit or prosecution for the
recovery thereof, to reduce the same to such amount as may be deemed reason-
able and proper, and to permit a recovery or render judgment accordingly.
[66 v. 167, § 106.1
The amount of a fine is not limited by this section and an ordinance may impose a greater fine than
$50. Alliance v. Joyce, 49 O. S. 7.
A fine of more than $50 for a first offense is unreasonable and in contravention of this section: Sigler v.
Cleveland, 3 N. P. 119; 4O. D. 166.
SEC. 1863. [Imprisonment at hard labor.] In addition to the fines
and penalties above specified, the council may provide for a further penalty of
imprisonment, for any term not exceeding thirty days, and for keeping persons
convicted at hard labor during their term of imprisonment, at such time and
place, and in such manner, as may be prescribed by ordinance. [66 v. 166
(167), § 107.]
SEC. 1864. [How fines, etc., recovered.] Fines, penalties, and forfeit-
ures may, in all cases, and in addition to any other mode provided, be recovered
by suit or action before any justice of the peace, or other court of competent
jurisdiction, in the name of the proper municipal corporation, and for its use;
and in any suit or action where pleading is necessary, it shall be sufficient if
the petition set forth generally the amount claimed to be due in respect of the
violation of the by-law or ordinance, referring to its title, and the date of its
936
§§ 1865-1869.
ENFORCEMENT OF ORDINANCES. Tit.XII,Div.5,Ch.4.
adoption or passage, and showing, as near as may be practicable, the true time
of the alleged violation. [66 v. 167, § 108; (S. & C. 1507).]
SEC. 1865. [Suits must be commenced within one year.] Suits or
prosecutions for the recovery of fines, penalties, or forfeitures, or for the com-
mission of any offense made punishable by any by-law or ordinance of any
municipal corporation, shall be commenced within one year after the violation
of the ordinance, or commission of the offense, and not afterward. [66 v. 167,
§ 109; (S. & C. 1507).]
SEC. 1866. [Party to be committed in default of payment.] When a
fine is imposed for the violation of an ordinance of the corporation, and the
same is not paid, the party convicted shall, by order of the mayor, or other
proper authority, or on process issued for the purpose, be committed until such
fine and the costs of prosecution are paid, or the party is discharged by due
process of law. [66 v. 168, § 110; (S. & C. 1553).]
Under similar provisions it was held that a fine for the violation of an ordinance could be collected
either by commitment of the person or by execution against his chattels : Huddleson v. Ruffin, 6 O. S. 604.
The provisions authorizing the arrest on execution of a party against whom a fine has been adjudged, and
his imprisonment until such fine be paid, is not unconstitutional, and the provision applies to all cases where
the party is so adjudged to pay a fine, and is not confined to cases where the party is adjudged to stand impris-
oned until the fine and costs are paid: In re Beall, 26 O. S. 195.
SEC. 1867. [Imprisonment, where to be made.] Imprisonment under
the ordinances of a municipal corporation shall be in the work-house or other
jail of the corporation, if the corporation is provided with such work-house or
a jail; and any corporation not provided with a work-house, or other jail, shall
be allowed, for the purpose of imprisonment, the use of the jail of the county,
at the expense of the corporation, until such corporation is provided with a
prison, house of correction, or work-house; and all persons so imprisoned in
the county jail shall be under the charge of the sheriff of the county, who shall
receive and hold such persons in such manner as may be prescribed by the
ordinances of the corporation, until discharged by due course of law. [66 v.
168, § 111; (S. & C. 1554).]
Right of county commissioners to parole prisoners in jail for fines or costs, see
? (7349—4).
SEC. 1868. [Imprisonment in county jail may be prohibited.] The
county commissioners may, at their discretion, on giving ninety days' written
notice to the council of any corporation, prohibit the use of the county jail
for the purpose authorized in this chapter. [66 v. 168, § 112; (S. & C. 1554).]
SEC. 1869. [Limit of such prohibition.] If, within ninety days after
such notice is given, the council of such corporation efficiently provide, by the
passage of appropriate ordinances, and the making of the necessary contracts,
for the immediate erection of a prison, work-house, or house of correction, the
corporation shall continue, notwithstanding the notice and prohibition pro-
vided for in the preceding section, to have the use of the county jail for the
purpose of imprisonment, until such prison, work-house, or house of correction,
is erected and ready for use. [66 v. 168, § 113; (S. & C. 1554).]
937
Tit. XII.
POLICE BOARDS AND OFFICERS.
Div. 5, Ch.5.
CHAPTER 5.
POLICE BOARDS AND OFFICERS.
SECTION
SUBDIVISION 1. In Cincinnati.
SUBDIVISION II. In Cleveland.
SUBDIVISION III. In Toledo.
SUBDIVISION IV. In Columbus.
SUBDIVISION (IV-1). In Dayton.
SUBDIVISION (IV-2). Hamilton police, fire and health departments. -Repealed.
SUBDIVISION V. In villages, and in cities of the second class other than the first and second grades.
SUBDIVISION I.
SECTION
187110 In whom police powers and duties vested; board of 1898. Expenses of detecting crime and arresting
1871.
commissioners; qualifications; terms; removals;
vacancies; oath.
Appointments by mayor, with approval of board;
board of examiners.
1872. Board disqualified to hold office; interference in
elections, etc., by police.
1873. Meetings; president; conduct of business; clerk of
the board.
1874. [Repealed.]
1875. General powers of mayor.
1876. Mayor's power in case of riots, etc.
1877. Mayor's power in case of emergency.
1878. General duties of mayor and force.
1879. Force, how constituted and officered.
1880. Qualifications of members and officers.
1881. Terms of members; nominations by mayor; board
to approve; appointments and removals; filing
charges; suspensions by mayor; hearing of
charges; discharge, etc., of members.
1882. Oath and bond of officers and members; duties of
superintendent; police manual; examination
and inspection of force.
1883. [Repealed.]
1884. [Repealed.]
1885. Secret detectives; compensation; chief of detectives;
1886.
his additional compensation; contingent fund.
Substitutes.
1887. Special police from other city departments.
1888. Mounted police.
1889. Uniform and badge.
1890. Exemption from jury duty, etc.
1891. Duty of mayor and force at elections.
1892. Annual estimate for police fund.
1893. Levy and collection of police tax.
Incidental expenses of board.
1899.
criminals, how paid.
Station-houses.
1900. Lands and buildings for police purposes.
1900-1. Providing for use of armory by police in
Cincinnati.
1901. Contracts; notice.
1902. Pay and pension of disabled policemen; as-
signment to other duties; pension of retired
1903. Police relief fund.
[members.
1903-1. Taxes on foreign insurance companies in
[invested.
Cincinnati.
1904. Fines, fees, etc., to be paid into relief fund and
1905. Rules for its disbursement; its board of directors.
1905a. Payments from relief fund to widow, minor
children, dependent mother or father,
Organization of directors; payments from fund.
[Repealed.]
1906:
1907.
1908.
[Repealed.]
1909.
[Repealed.
1910.
1911.
Duty of police upon commission of crime.
Warrants and commitments.
1912.
Witnesses.
1913. Search warrants.
1914. Stolen property recovered.
1915. Penalty for neglect to deposit stolen property.
1916. Disposition of unclaimed goods.
1917. Supervision of pawnbrokers, etc.
1918. Examination of books of pawnbrokers, etc.
1919. Penalty for resisting policê.
1920. Suppression of gaming houses, etc.; arrests, etc.
1921. Duty of superintendent of police as to such arrests,
etc.
1922. Penalty for failure to cause unlawful use of prem-
ises to cease.
1894.
1923.
1895. Compensation of officers and members.
1924.
1896. Compensation of board and clerk; salaries,
how paid.
Seizure and destruction of gaming devices.
Penalty for having burglars' tools in posses-
sion.
1925.
1897. Presents, fees, etc., to members of force pro-
Penalty for using personal violence upon mem-
ber of police force.
hibited.
SUBDIVISION II.
1930. Secret police, detectives, etc.
1932.
Power of board.
1934.
General duties of police.
1935. Duty when crime committed.
1926. Repealed.
1927. Repealed.
1928. Secretary.
1929. Appointment of officers and members of police
force: special patrolmen in case of emergency.
1929-1. Officers and drivers in police patrol service
in Cleveland.
1931. Removal or suspension of member.
1933. Duties of board.
1915.
1945 -1.
Police life and health insurance fund in Cleve-
land; investment of fund; duty of secre-
tary of police.
Part of proceeds of insurance tax goes to
fund.
1945-2. Proceeds of insurance tax goes to fire dep't,
police and sanitary police pension funds.
Member of police force injured entitled to re-
lief from said fund.
1946.
1947. Certain provisions not to apply to special patrol-
men.
1948. Police precincts and stations.
1949. Board to promulgate orders, etc., through
1936. Qualifications of members of force.
superintendent.
1937. Rules and regulations.
1950.
1938. Removals and suspensions of members of force.
1939. Compensation and salaries.
Special police from other departments of cor-
poration to be appointed.
1951.
Patrolmen for special duties, how appointed;
1940. Fees, gifts, etc., prohibited.
powers; privileges and duties; deposit and
1941. Moneys collected by police court of certain cities to
constitute a contingent fund for police board.
bond; previous dismissal bar to appoint-
meut; removals.
1242. Charges against policemen, how tried.
1952.
1943. Costs of trial deducted from pay.
1944. Costs of trial, how taxed and collected.
Notice of withdrawal of member from force.
1953. Stolen property; duty of members of force in
regard thereto.
938
Tit. XII.
SECTION
POLICE BOARDS AND OFFICERS.
Div. 5, Ch. 5.
SECTION
1954. Record and disposition of.
1970.
1955. Retained when required as evidence.
1956. Books of registry of lost property, etc., to be
kept.
Books and accounts of board to be open to
inspection of council.
1971.
Powers of commissioners, etc., to administer
oaths.
1957. Record of accounts and proceedings of board
to be kept.
1972.
1973.
Power to compel the attendance of witnesses.
Bond and oath of members of force.
1958. Station-houses for temporary detainment.
1959. Purchase of lands, and other expenses: how
paid; limitation of expenses.
1974.
Superintendent to make monthly reports.
1975. Exemption from jury duty.
1976.
Commissioners may be removed.
1960. Proposals to be advertised for; member not
to be interested in contracts.
1977.
1978.
Member not to hold any other elective office.
Council to raise money by taxation.
1962.
1961. Officer making arrest to make return of same.
Arrested person; detention; trial.
1979.
Misdemeanor to use violence upon police or falsely
assume to be member of force.
1963. Clothing of prisoner; disposition of.
1980.
1964.
Detention of witnesses.
1965. Bail by person arrested.
1966. Police, a city charge.
1967. Levy for support of police.
1981.
Police not to enter drinking saloon, etc.
Police officers may search houses, etc., on sus-
picion.
1982.
1983.
1968. Moneys paid from police fund to be certified.
1969. Limitation of expenses.
Members of force to serve process.
Rules and regulations to remain in force until
abolished.
SUBDIVISION III.
1984. Police powers and duties in city of third grade,
first class (Toledo), to be vested in mayor and four
commissioners.
1991.
1992.
1985.
Term of office; how such commissioners to be ap-
pointed or elected; vacancies.
1993.
Board may increase number of patrolmen; board
to report such increase to council.
Board may suspend members ot police force.
Member of force receiving gift, etc., to be
removed.
1986. Secretary of board: his salary, duties, etc.
1994.
Ineligibility to other offices.
1986a. Health officer to examine applicants for position
on police force.
1995.
1996.
Removals of members of board by council.
Reports, statistics, etc.
1987. [Repealed.]
1997.
1988. [Repealed.
1989. President of board; oath of members.
1990. Superintendent of police and other officers, how
appointed; their salaries, etc.; detectives or secret
police.
Certain sections relating to cities of second grade
made applicable to cities of third grade and first
class.
1997-1. Police pension fund; distribution of fund.
SUBDIVISION IV.
1998(1). Police powers and duties vested in board in
Columbus and Dayton.
1998(2). Control of police: in whom vested in certain cit-
ies; police commissioners, how elected; proviso.
1998(3). Board of police commissioners in Dayton.
Term of office; vacancies.
Appointment of superintendent and other
officers.
2013(1). Member of force injured, entitled to relief from
fund.
2013(2). Members of force injured, entitled to relief from
fund in certain cities; how fund constituted.
2014(1). Police precincts and station-houses to be estab-
lished.
2014(2). Police precincts and station-houses to be estab-
lished; non-payment of fines and costs: powers
of board as to; powers of board as to appoint-
ment and removals.
1999.
2000.
Oath of office.
2001.
2002.
Detectives; vacancies in force.
2003.
2004.
Secretary of board: his salary, duties, etc.
Rules and regulations.
2015.
Power of board to suppress nuisance, etc.
2016.
Arrests to be reported.
2005.
Vacancies in force, how filled.
2017.
2006.
Salaries.
2018.
2007.
Fixed by board, and how paid.
2007-1. Compensation to be fixed by police commis-
2019.
sioners.
2008.
2009.
Member not to receive fee, gift, or reward, etc.
Charges may be preferred against member
of force by citizen.
2020.
2010.
2011.
Judicial powers and duties of board.
Party suspended to pay costs, etc.
2012(1). Costs collected on execution, etc.
2012(2). Costs in trials: how collected and disposed of.
SUBDIVISION
2022-1. Dayton police directors; the force; appoint.
ments and discharge.
2022-2. Dayton board of police directors; members
of; their appointment; qualifications;
term; removals; vacancies; oath.
2022-3. Board's power of appointment; promotions.
2022-4. Mayor may preside at meetings, but shall
have no vote; when he may cast deciding
vote; selection of an acting president and
secretary; appointment of a superintend-
ent; president's term.
2022-5. Time and mode in which the present force
shall be succeeded; superintendent and
secretary to enter upon their duties at
once; appointments from present force.
2022-6. Number of officers and men to be appointed;
appointees on probation; their discharge;
additional patrolmen in case of emergen-
cy; station-house keepers, clerks, etc.;
special police.
2022-7. Detective force; its chief.
2022-8. Secretary; his salary, duties, removal, bond
and oath.
2022-9. Rules governing the qualifications, appoint-
ment, discharge, duties, etc., of members
of force; partisan appointments and re-
movals forbidden; time during which ap-
pointments shall continue; examination
Police funds: how drawn from treasury.
Reports by superintendent, secretary, and
board of police.
Commissioners and police not to be candi-
dates for or hold other office.
Deputy superintendent.
2021(1). Powers of mayor to suspend officer of police
force.
2021(2). Power of mayor to suspend officer of police force.
2022(1). Certain provisions in subdivision for Cleveland
made applicable to Columbus and Dayton.
2022(2). Sections made applicable to certain cities.
(IV—1).
of applicants; causes for removal, dis-
charge, or reduction in grade or pay.
2022-10. Charges against members of force; suspen-
sions pending actions of the board; sum-
mary hearing of charges; record of charges
and findings; costs to be paid by member,
when; sentencing power of board; ineli-
gibility for reappointment.
2022-11. Salary of member of the board.
2022-12. Maximum salaries of members and officers
of force.
2022-13. Amount of salaries, how fixed; time of
payment.
2022-14. Presents, fees, etc., to members of force pro-
hibited; also, interference in employment
of attorneys.
2022-15. Meetings of board; transaction of business.
2022-16. General powers of board; patrol equip-
ments; police telegraph; powers of mayor
in case of riots, etc., to call out whole
force and appoint additional patrolmen;
compensation of such patrolmen.
2022-17. Police duties of mayor, board of police
commissioners and police force.
2022-18. Oath of officers and members of force;
superintendent's bond; his general pow-
ers; bonds of officers and patrolmen.
939
Tit. XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS.
§ 1870.
SECTION
2022-19. Police manual: duty of officers and patrol-
men to inform themselves as to their
duties; superintendent to instruct officers
and patrolmen; examination and inspec-
tion of force; examiner; removals for in-
efficiency.
2022-20. Police life and health insurance fund; trus-
tees of the fund; said fund, how to be in-
vested; trustees' annual report.
2022-21. Beneficiaries of such fund; payments to;
non-beneficiaries; transfer of moneys, etc.,
on hand to the trustees.
2022-22. Division of city into police precincts: obe-
dience to superintendent.
2022-23. Private patrolmen.
2022-24. Notice and return of arrests.
2022-36. [Repealed.]
2022-37. [Repealed.]
SECTION
2022-25. Police expenses a city charge.
2022-26. Annual estimate for metropolitan police
fund; police tax: expenses to be paid
from police fund, except, etc.
2022-27. Moneys, how paid out; auditing of claims.
2022-28. Contingent fund.
2022-29. Reports of superintendent, secretary and
board.
2022-30. Exemption from certain duties.
2022-31. Uniform and badge.
2022-32. Resignations.
2022-33. Duty of police at elections.
2022-34. Duty of superintendent and powers of
board upon commission of crime.
2022-35. Non-participation of board and force in
political contests.
SUBDIVISION IV-2.
2022-51. [Repealed.]
2022-52. [Repealed.]
2022-53. [Repealed.
2022-54. [Repealed.]
2022-38. [Repealed.]
2022-39. [Repealed.]
2022-40. [Repealed.]
2022-41. [Repealed.]
2022-42. [Repealed.]
2022-43. [Repealed.]
2022-44. [Repealed.]
2022-45. Repealed.]
2022-46. [Repealed.
2022-47. [Repealed.]
2022-48. [Repealed.]
2022-49. [Repealed.]
2022-55. [Repaaled.]
2022-56. [Repealed.]
2022-57. [Repealed.]
2022-58. [Repealed.]
2022-59. [Repealed.]
2022-60. [Repealed.)
2022-61. [Repealed.]
2022-62. [Repealed.
2022-63. [Repealed.]
2022-64. [Repealed.]
2022-65. Repealed.]
2022-50. [Repealed.]
SUBDIVISION V.
2023. Appointment of police force, except in Cin- 2030-1. Board of police commissioners for Xenia.
cinnati, Cleveland, Toledo, Columbus, Day-
ton and Hamilton.
2024. Policemen's bonds.
2025. Officers of police, etc.
2026. Organization of police.
2027. Powers and duties of policemen.
2028. Arrest upon view, etc.
2029. Suspension of policemen for cause.
2030. Compensation of policemen.
2030-2. Meetings of the board.
2030-3. Powers of board.
2030-4. Powers of police.
2030-5. Compensation of police.
2030-6. Duties of marshal to be performed by chief
of police or member of police.
2030-7. Levy of tax.
2030-8. How member of board removed.
SUBDIVISION V-1.
2030-9. Board of trustees of police pension fund in
cities where tenure of office of police offi-
cers is good behavior, except Cincinnati,
Cleveland, Toledo, Columbus and Dayton;
style of title of board; powers of board.
2030-10. Election of trustees.
2030-11. Organization of board; duties of officers.
2030-12. Election of treasurer; qualifications; du-
ties: boud.
2030-13. Tax ou foreign insurance companies applied
to pension fund.
2030-14. Fines, etc., to be paid into pension fund.
2030-15. Dues of members.
2030-16. Retirement of disabled member; monthly
As to Springfield, see ? (1545-208).
As to Youngstown, see (1545-275).
pension; return of member to active
service; manner of payment of pension.
2030-17. Permanent retirement of member; month-
ly pension: subject to rules and regula-
tions of police department; suspension of
fund.
2030-18. Pension of widow; minor children; de-
pendent mother and father; final decision
of question of dependency.
2030-19. Prorating of payments.
2030-20. Exemption from attachment, etc.
2030-21. Power to invest fund in bonds.
2030-22. Vacancies.
2030-23. Beneficiaries under act.
Board of public affairs in Portsmouth, to have charge of police force, see ? (1707ƒ—25).
Force to consist of what in Portsmouth see ? (1707ƒ—26).
Police pension fund in cities in which police officers hold during good behavior; except
Cincinnati, etc., see † (2030—9) et seq.
Municipal corporations are subdivisions of the state and are not liable for the acts of their officers in ar-
resting and locking up offenders: Alvord, administrator, v. Richmond et al., 3 N. P. 136; 4 O. D. 177.
SUBDIVISION I. IN CITIES OF THE FIRST GRADE OF THE FIRST CLASS.
For "
an act to give preference of appointment or employment to honorably discharged
soldiers," etc. (85 v. 149), see ? (3107-48).
As to use of armory by the police force in cities of the first grade, first class (86 v. 243),
see ? (1900-1).
SEC. 1870. [In whom police powers and duties vested; board of com-
missioners; qualifications; term; removals; vacancies; oath.] All police
powers and duties connected with and incident to the appointment, regulation
and government of a police force in cities of the first grade of the first class,
shall be vested in the mayor and a board of commissioners, consisting of four
electors of said city, to be appointed by the governor. The governor shall
940
§§ 1871-1872.
POLICE BOARDS AND OFFICERS. Tit.XII,Div.5,Ch.5.
appoint as the commissioners above, four citizens, electors of such city, well
known for their intelligence and integrity, not more than two of whom shall be
of the same political party; two of whom, of different political party faith and
allegiance, shall be designated in their appointment to serve for two years, and the
other two also of different political party faith, shall be designated to serve for
four years. And thereafter, at the expiration of such term, and at each period
of two years, the governor shall appoint two members of said board. For official
misconduct the governor may remove any of said commissioners; and all
vacancies in said board, by death, resignation or removal, shall be filled by the
governor for the unexpired term; and all vacancies from whatever cause, shall
be so filled that not more than two of the members of said board shall be of
the same political party, or so reputed. The commissioners, before entering
upon their duties, shall take and subscribe an oath, which shall be filed and
kept in the office of the city clerk, to support the constitution of the United
States and of the State of Ohio, to obey the laws, and in all their official actions
and judgments to aim only to secure and maintain an honest and efficient
system of police, free from partisan dictation or control. [1886, March 30:
83 v.47; 82 v. 101; 77 v. 23, 24; Rev. Stat. 1880; 74 v. 42, § 1.
The legislature can, under the general grant of legislative power contained in 21, Art. II, of the Consti-
tution, create, by law, a board of police commissioners for a city, to be appointed by the governor, and confer
upon such board the power to appoint and control the policemen of such city: State v. Covington, 29 O. S. 102.
Approved and followed in State v. Baughman, 38 O. S. 456.
The act of April 3, 1885 (82 v. 101), was held to be constitutional, and not in conflict with 2 6, Art. XIII;
nor 2 26, Art. II; nor 1, Art. XIII, of the Constitution: State ex rel. v. Hudson, 44 O. S. 140.
The board of police commissioners are not officers of the municipal corporation, but a body appointed
by the governor, by the authority of the legislature, as an arm of the state for police purposes, and as such
have a delegated quasi sovereignty, independent of control by the city, except as limited by the act creating
the board: Yaple v. Police Commissioners, 2 C. C. 406.
Neither the city nor county solicitor is designated as their attorney: Ib.
SEC. 1871. [Appointments by mayor, with approval of board; board
of examiners.] The mayor shall nominate, and with the approval of the
commissioners, shall appoint all policemen and all officers for the police force.
Nominations shall be made without reference to political party opinions or
affiliations. All appointments of officers for the police force, except the super-
intendent, shall be by promotion from the grade next below. The superin-
tendent and inspector shall be nominated by the mayor, and with the approval
of the commissioners, shall be appointed by him, and shall be under the
authority and command of the mayor. The mayor shall also nominate, and
with the approval of the commissioners, shall appoint all clerks, station-house
keepers and substitutes. The mayor shall also nominate, and with the approval
of the commissioners, shall appoint two physicians, who have been in active
practice in said city, for at least five years before their appointment. These
two physicians, with the police surgeon, shall constitute a board of examiners,
whose duty it shall be to examine and pass upon all applicants for positions,
as substitutes, patrolmen or lieutenants on said force. It shall also be the duty
of this board of examiners, to pass upon the cases of any members of the force
claiming a pension or an allowance for any temporary or permanent disability,
except as hereinafter provided, in the case of members who have served fifteen
years on the police force and reached the age of fifty years. No patrolman,
substitute or lieutenant of police shall be eligible to appointment on the force,
unless he shall have received from said board of examiners a certificate of
physical fitness; and no member of the force shall receive a pension or an
allowance for permanent or temporary disability except upon the approval of
said board of examiners. [1886, March 30: 83 v. 47, 48, 49; 82 v. 101, 102;
77 v. 34; Rev. Stat. 1880; 74 v. 42, §1.]
SEC. 1872. [Board disqualified to hold office; interference in elec-
tions, etc., by police.] Any commissioner who, during the term of his office,
accepts any other place of public trust or emolument, or who, during the same
period, knowingly consents to his nomination for an office, elective by the
941
Tit. XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS.
§§ 1873-1877.
people, or fails publicly to decline the same within twenty days succeeding his
nomination, shall be deemed to have thereby vacated his office, and the gov-
ernor shall appoint a successor; and no member of the police force shall be a
delegate to, or otherwise take part in any primary or other political conven-
tion or election, except to cast his vote. Any interference by any officer or
member of the police force in elections or conventions, for or against any
political party or candidate, shall require his dismissal from the force by the
commissioners. [1886, March 30: 83 v. 47, 48; 82 v. 101, 102; 77 v. 23, 34;
Rev. Stat. 1880; 74 v. 42, 46, §§ 1, 8.]
The power of removal conferred on the governor is administrative and not judicial in its nature, and,
therefore, not in conflict with 2 1, Art. IV, of the Constitution, conferring judicial power on the courts of the
state: State ex rel v. Hawkins, 44 O. S. 98. Follett, J. dissented.
A police commissioner thus removed does not, under 2 1542 of the Revised Statutes, hold over until his
successor is elected and qualified: Ib.
Where charges embodying facts that, in judgment of law, constitute official misconduct, are preferred to
the governor, of which notice is given the members charged, and he, acting upon the charges so made,
removes them from office, his act is final, and can not be reviewed: Ib. Owen, C.J. and Follett, J. dissented.
SEC. 1873. [Meetings; president; conduct of business; clerk of the
board.] Meetings of the commissioners for the transaction of business shall
be held at their office upon some particular days to be designated by them, and
at such other times as the mayor may call them in session. The board of com-
missioners shall designate some one of their members to act as president, and
in case of failure at any time for ten minutes to choose a president by ballot,
he shall be chosen by lot. A majority of the board shall constitute a quorum
for the transaction of business, but a majority of the entire board shall be neces-
sary to pass any measure or authorize any act by the board. The board shall
elect a clerk, at a salary not to exceed fifteen hundred dollars per annum, who
shall keep the record, and have charge of the office, and shall perform such
duties as may be assigned to him by the board, and may be removed by the
board at any time. [1886, March 30: 83 v. 47, 49; 82 v. 101, 102; 77 v. 23, 34;
Rev. Stat. 1880; 74 v. 42, § 1.]
SEC. 1874. [Repealed 1886, March 30: 83 v. 47, 60. Former statutes:
77 v. 23, 24; Rev. Stat. 1880; 73 v. 71, § 3; 74 v. 46, § 8.]
When the governor, acting under the authority vested in him by the act of April 3, 1885 (82 v. 101),
removed the police commissioners of Cincinnati, it was held that the police power of the city did not thereby
revert to the mayor, and that he had no power to remove the superintendent of police: State ex rel. v.
Hudson, 44 O. S. 141.
SEC. 1875. [General powers of mayor.] The mayor shall possess full
power and authority over the police organization, government and discipline
within such city; and shall, moreover, have possession and control of all prop-
erty, books, records and equipments belonging to or under the control of the
police authorities, and shall have the other powers and perform the other
duties specified in this sub-division. [1886, March 30: 83 v. 47, 49; 82 v. 101,
102; 77 v. 23, 24; Rev. Stat. 1880; 74 v. 43. §§ 2, 4, 14.]
SEC. 1876. [Mayor's power in case of riots, etc.] The mayor is hereby
invested with and shall, when he considers it necessary, exercise all the powers
which are conferred by law upon sheriffs of counties, in respect to requiring
the services of the military in aid of the civil authorities, to quell riots, sup-
press insurrection, protect property, and preserve public tranquillity. And
such investiture of power shall exclude within the city, the exercise of simi-
lar powers by the sheriff of the county in which the city is situated. [1886,
March 30 83 v. 47, 49; 82 v. 101, 102; 77 v. 23, 24; Rev. Stat. 1880; 74 v. 43,
§§ 2, 4, 14.]
SEC. 1877. [Mayor's power in case of emergency.] In case of riot or
insurrection, or any like emergency within such city, which in the judgment
of the mayor requires the intervention of the police force, he shall have power
to call out the whole force and control the same during the emergency; and in case
of any emergency in such city which, in the judgment of the mayor requires
942
SS 1878-1881.
POLICE BOARDS AND OFFICERS. Tit. XII,Div.5,Ch.5.
a temporary increase in the members of the police force, he shall have the
power to appoint as many other patrolmen or officers as he may deem neces-
sary, to serve as long as such emergency exists, not exceeding five days. [1886,
March 30 83 v. 47, 49: 82 v. 101, 103; 77 v. 23, 24; Rev. Stat. 1880; 74 v. 49,
§ 17.]
SEC. 1878. [General duties of mayor and force.] It shall be the duty
of the mayor, and of the force hereby constituted, at all times of the day and
night, within the boundaries of the city, to preserve the public peace, prevent
crime, arrest offenders, protect rights of persons and property, guard the pub-
lic health, preserve order, remove nuisances existing in public streets, roads,
places and highways, report all leaks or other defects in water pipes and sewers
to the proper authorities, provide a proper force at every fire, in order that
thereby the firemen and property may be protected, protect strangers and trav-
elers at steamboat and ship landings and railway stations, and generally to
obey and enforce all ordinances of the city council, and criminal laws of the
State and of the United States. [1886, March 30: 83 v. 47, 49; 82 v. 101,
103;
77 v. 23, 24; Rev. Stat. 1880; 74 v. 43, § 2; (S. & S. 812).]
City liable, after notice, for neglect of duty to remove nuisance, though person who caused it is also
liable: Zanesville v. Fannan, 53 O. S. 605.
SEC. 1879. [Force, how constituted and officered.] The police force
shall be composed of a superintendent of police and inspector of police, whose
duty it shall be to act under the directions of the superintendent, as his deputy
or assistant, and perform such other service as may be required of him by the
mayor or superintendent; so many lieutenants of police as may be necessary,
not to exceed twenty; one superintendent of patrol with rank and pay of lieu-
tenant; so many sergeants not exceeding thirty-two; so many clerks, police
court officers and station-house keepers as may be necessary; and so many
watchmen or patrolmen as may be proper, not to exceed four hundred, not
including mounted police and one surgeon of police and one assistant surgeon
of police. [88 v. 357; 88 v. 195; 83 v. 237; 83 v. 47, 50; 82 v. 101, 103; 79 v.
132; 77 v. 23, 24; Rev. Stat. 1880.]
See State ex rel. v. Hudson, 44 O. S. 142.
SEC. 1880. [Qualifications of members and officers.] Each member and
officer of the police force shall be an elector of the city in which he is appointed,
and able to read and write the English language understandingly. No person
shall be appointed a member or officer of the police force, unless he is well
known to be a man of sobriety and integrity, and has been and is an orderly
and law-abiding citizen. No man shall be appointed a member or officer of the
police force who has been convicted of any felony, or who has been convicted
of any misdemeanor within three years previous to his appointment, or has
been engaged in any unlawful calling, or has pursued any calling in a manner
forbidden by law, nor shall any person be appointed a member or officer of said
force on account of any political partisan service rendered by him, or on account
of political sentiments or affiliations, nor shall any officer or member of the said
force be removed or discharged or reduced in grade or pay for any political or
partisan opinions. Their appointment and continuance upon the police force
shall depend solely upon their ability and willingness to enforce the law.
[1886, March 30: 83 v. 47, 50; 82 v. 101, 103; Rev. Stat. 1880; 74 v. 44, § 4.]
SEC. 1881. [Terms of members; nominations by mayor; board to
approve; appointments and removals; filing charges; suspensions by
mayor; hearing of charges; discharge, etc., of members.] All appoint-
ments in the police force shall continue during good behavior. Members and
officers of the police force, as herein constituted may be nominated by the
mayor from the present force in said city, or from other electors of the city.
The police force, as now existing and organized, shall continue under the con-
trol and management of the mayor until new appointments have been made
943
Tit. XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS.
1882.
as directed herein. The nominations made by the mayor shall be submitted to
the board of commissioners in session and considered by them. The com-
missioners shall have the power to call for information, to summon nominees
before them for examination as to their fitness, and to summon witnesses,
and to take any other lawful means which shall enable them to form a cor-
rect and intelligent judgment as to the fitness of nominees. If any nominee
of the mayor is disapproved of by the commissioners, the mayor shall forth-
with be notified thereof. When nominees have been approved by the com-
missioners, the mayor shall proceed to appoint them and assign them to duty.
No member or officer of the police force shall, after his appointment as herein
directed, be removed from the force or reduced in grade or pay for any reason
except inefficiency, misconduct, insubordination, or violations of law. Any
person may present charges against an officer or member of the police force,
which shall be filed in the office of the mayor, and by him communi-
cated, without delay, to the commissioners, whose duty it shall be to investi-
gate and decide upon said charges. It shall be the duty of the mayor,
whenever probable cause appears, to prefer charges against any member or
officer of the force whom he believes to have been guilty of any conduct justi-
fying his removal or punishment in the interest of the public order. In
such cases the mayor may suspend from duty, or from both pay and duty, any
officer or member against whom charges have been made; and such officer or
member shall not be placed upon duty or allowed pay thereafter unless the
charges are found by the board of police commissioners not to be sustained.
All charges against members or officers of the police force shall be forthwith
filed by the mayor in the office of the commissioners, and within three days
after such filing the commissioners shall proceed to hear and examine said
charges. All charges shall be taken as denied and the hearing shall be sum-
mary and without pleading, and the action of the commissioners thereon shall
be final. A record of charges and findings shall be made by them and kept in
their office. They may discharge, suspend or reduce the grade and pay of any
person found guilty as above. No officer or member of the police force who
has been found guilty and discharged, shall ever be eligible for re-appointment
to the force in any capacity whatever, unless it shall be afterwards proved to
the commissioners that their decision was erroneous, and that in fact he was
not guilty of the offense for which he was dismissed. [1886, May 19: 83 v. 237;
83 v. 47, 50; 82 v. 101, 103; 77 v. 23, 25; Rev. Stat. 1880; 74 v. 44, § 4.]
Power to fine an officer under this section: Gross v. Cincinnati, 4 O. D. 393; 29 Bull. 81.
SEC. 1882. [Oath and bond of officers and members; duties of su-
perintendent; police manual; examination and inspection of force.] Each
officer and member of the police force, private policeman, special policeman,
and substitute policeman, before entering upon the discharge of his duties,
shall take an oath before the mayor, who is hereby empowered to administer
the same, to well and faithfully discharge the duties of his office, which oath
shall be subscribed by the person taking it, and shall be filed and preserved in
the office of the police commissioners; the superintendent shall give a bond.
for the faithful discharge of his duties in the sum of ten thousand dollars, to
be approved by the board and city solicitor, which shall be filed in the city
clerk's office, and thereafter, under the direction and control of the mayor, he
shall have command and control of the police force of such city; and each
lieutenant of police shall give bond in the sum of five thousand dollars, and
each patrolman in the sum of one thousand dollars, with sureties to the satis-
faction of the board and city solicitor, for the faithful discharge of his duties
and for the payment of any damages that may be adjudged against him by
any tribunal for the illegal arrest, imprisonment or injury by him of any
person. All bonds of members of the police force shall be signed by at least
two freeholders as sureties, who shall prove to the satisfaction of the commis-
944
§§ 1883-1886.
POLICE BOARDS AND OFFICERS. Tit. XII,Div.5,Ch.5.
sioners that they own real estate within the county in which such city is
located, worth not less than twice the amount of the bond, free from liens and
debts. The commissioners shall cause to be prepared a convenient manual
containing a compend of all the laws and ordinances which the police force is
required to obey or enforce, and such instructions as shall aid them in the
intelligent discharge of their duty. Each officer and member of the force shall
be supplied with a copy, for the preservation of which he shall be held responsi-
ble as for other public property. It shall be the duty of every member and
officer of the force to make himself acquainted with the directions contained
in the manual, and in every way to become familiar with all the duties of his
position. The superintendent and inspector shall be specially charged with the
duty of instructing members and officers of the force in their duties and, from
time to time, examining them as to their knowledge of the requirements of
their positions. It shall furthermore be the duty of the board of police com-
missioners, at least twice in each year, to require the examination of and
inspection of the entire force, and for this purpose the commissioners may
appoint an examiner or examiners, and prescribe the rules and methods of
examination. The commissioners may order any officer or member of the
force at any time to be inspected and examined. Gross ignorance of the laws
and regulations governing and directing the police force, after six month's
service as officer or member, shall be deemed conclusive proof of inefficiency,
and shall require the removal of such officer or member of the force. [1886,
March 30: 83 v. 47, 51; 82 v. 101, 103; 77 v. 23, 25; Rev. Stat. 1880; 74 v. 45, § 7.]
SEC. 1883. [Repealed 1886, March 30: 83 v. 47, 60. Former statutes: 82 v.
101, 104; Rev. Stat. 1880; 74 v. 45, §§ 5, 8. Former repeal: 77 v. 23, 34.]
SEC. 1884. [Repealed 1886, March 30: 83 v. 47, 60. Former statutes: 82 v.
101, 104; Rev. Stat. 1880; 74 v. 44, § 4. Former repeal: 77 v. 23, 34.]
SEC. 1885. [Secret detectives; compensation; chief of detectives;
his additional compensation; contingent fund.] The mayor shall nominate
and with the approval of the commissioners, shall appoint secret detectives
not to exceed twelve in number, who shall be under his control, subject, how-
ever, to removal for cause or incompetency, on charges properly preferred, as
required under the provisions of section 1881; and each secret detective thus
appointed, shall receive as compensation a sum not exceeding fifteen hundred
dollars per annum. Said compensation to be fixed by the mayor, subject,
however, to the approval and consent of the commissioners; the mayor shall
designate one of the secret detectives to act as chief of detectives, and he shall
be responsible to the mayor and superintendent of police for the proper con-
duct and management of this branch of the police service. Said chief of de-
tectives may be allowed, as additional compensation, a sum not exceeding
three hundred dollars per annum. The actual and necessary expenses incurred
in more effectively carrying out the provisions of this section shall be paid out
of a fund to be known as the contingent fund, which shall be monthly
estimated by the mayor, and approved by the board. [88 v. 357; 84 v. 241;
83 v. 47, 52; 82 v. 101, 104; 77 v. 23, 25; Rev. Stat. 1880; 74 v. 45, § 5.]
SEC. 1886. [Substitutes.] The mayor may, with the approval and con-
sent as before of the commissioners, subject to the qualifications laid down in
section one thousand eight hundred and eighty of this act, appoint a sufficient
number of substitutes to fill the vacancies occasioned by the absence of any
members of the force, who shall receive compensation only for the time they
serve, and the amount of such compensation shall be deducted from the pay
of the absent member. Vacancies in the regular force shall be filled by nomi-
nations from the substitutes. And such substitutes shall be subject to exami-
nation as other members of the force, and in their promotions to the regular
force, those showing the highest proficiency shall be preferred. [1886, March
30: 83 v. 47, 52; 82 v. 101, 104; 77 v. 23, 25; Rev. Stat. 1880; 74 v. 49, § 17.]
945
·
Tit.XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS.
S$ 1887-1892.
SEC. 1887. [Special police from other city departments.] The mayor
with the consent of the board of commissioners, is hereby authorized to appoint
persons of suitable character, who may be in the employment of the city in
other branches or departments, special patrolmen or policemen, but such spe-
cial policemen shall not be paid for their services as policemen, either from the
police fund of the city or county treasury, and such policemen shall possess
the same power as the regular patrolmen, and shall obey the rules and reg-
ulations governing the police force, and conform to its general discipline.
[1886, March 30: 83 v. 47, 52; 82 v. 101, 104; 77 v. 23, 25; Rev. Stat. 1880; 74 v.
54, §11; (S. & S. 817).]
See note to State ex rel. v. Boyden, 4 N. P. 322; 6 O. D. 509, under 2187.
SEC. 1888. [Mounted police.] The mayor, with the consent of the
board of commissioners, shall, upon the passage of an ordinance or resolution
and the making of an appropriation therefor, in conformity with such resolu-
tion and ordinance by the common council of such city, employ and equip
mounted policemen in such manner and for such compensation and for such
districts within the corporate limits of the city as said mayor may recommend
and the commissioners may approve. [1886, March 30: 83 v. 47, 52; 82 v. 101,
104; 77 v. 23, 26; Rev. Stat. 1880; 74 v. 44, § 4.]
SEC. 1889. [Uniform and badge.] Every member of the police force,
while on duty, shall wear a uniform to be prescribed by the mayor, and shall
at all times in public, wear a badge of his office, to be furnished by the board.
[1886, March 30: 83 v. 47, 53; 82 v. 101, 104; 77 v. 23, 26; Rev. Stat. 1880; 74 v.
46, § 8.]
SEC. 1890. [Exemption from jury duty, etc.] No person holding office
under this sub-division shall be liable to military or jury duty, or to arrest on
civil process, nor to service of subpoenas from civil courts while actually on
duty. [1886, March 30: 83 v. 47, 53; 82 v. 101, 104; Rev. Stat. 1880; 74 v.
55, § 15.]
SEC. 1891. [Duty of mayor and force at elections.] The mayor
shall detail, on the day of any primary or other election in such city, one or
more patrolmen, as he may deem necessary, to each election poll, to aid in the
preservation of order and the protection of voters and challengers, and such
patrolmen shall be subject to the lawful orders of the judges of said election,
given for the enforcement of law and for the protection of the rights of elect-
ors and the preservation of the purity of the ballot. [1886, March 30: 83 v.
47, 53; 82 v. 101, 104; 77 v. 23, 26; Rev. Stat. 1880; 74 v. 46, § 8.]
SEC. 1892. [Annual estimate for police fund.] To enable the city
auditor as well as the boards of supervisors and legislation to estimate correctly
the levy and appropriation needed to carry out the provisions of this sub-
division, the mayor shall report to the auditor on or before the first Monday
in March in each year, a careful estimate of the amount needed for all pur-
poses for the ensuing year, said estimate to be given for each month; "but
before such estimate is so reported by the mayor to the auditor as aforesaid,
the same must be approved by the board of commissioners. The auditor as
well as the boards of supervisors and legislation, shall revise said estimate, and
if deemed proper, shall reduce the same, so as to prevent unnecessary ex-
penditure, and to bring it within fair limits to the other expenditures required
by the city. The levy and appropriation needed to carry out the provisions
of this subdivision, shall come within the limitation as provided in section
twenty-six hundred and eighty-nine (2689) of the Revised Statutes. [92 v. 133;
83 v. 237, 238; 83 v. 47, 53; 82 v. 101, 105; 77 v. 23, 26; Rev. Stat. 1880; 73
v. 74, § 13.]
This fund is not a city fund, but is the police fund of the state for the territory of Cincinnati: Yaple v.
Police Commissioners, 2 C. C. 406.
The board may employ and pay out of said fund such counsel as they select, whenever it becomes neces-
sary to secure or preserve the fund entrusted to their control: Ib.
61
946
§§ 1893-1895.
POLICE BOARDS AND OFFICERS. Tit.XII,Div.5,Ch.5.
SEC. 1893. [Levy and collection of police tax.] The common coun-
cil is hereby required to levy and cause to be collected such tax in the same
manner as other taxes are now or may hereafter be levied and collected in such
city; and such funds shall be certified to the treasurer of the city by the comp-
troller, as the police fund, and shall be held by such treasurer as other city
funds, subject only to the order of the police commissioners, as herein pro-
vided; and any interest derived from the deposit of such fund shall be cred-
ited to the police fund. [1886, March 30: 83 v. 47, 53; 82 v. 101, 105; 77 v. 23,
27; Rev. Stat. 1880; 74 v. 48, § 14.]
SEC. 1894. [Incidental expenses of board.] For all expenses incurred
by the police department, such as erecting buildings, rent, repairs, advertising,
printing, stationery, postage stamps, telegrams, fuel, lights, feeding prisoners,
clubs, whistles, badges, and other such incidental expenses as may be necessary
to carry out the provisions of this sub-division, subject to the restrictions
herein provided, the commissioners, on the recommendation of the mayor, shall
have power to appropriate money to pay the same out of the police fund, and
thereupon an order, signed by the president and countersigned by the clerk of
the board, shall be drawn upon the city comptroller, payable to the person to
whom such sum may due, specifying the purpose for which the appropriation
was made, and the city comptroller shall immediately draw his warrant upon
the city treasurer, payable to the person in whose name the order was drawn,
and the treasurer shall pay the same out of the police fund. Said board of
commissioners shall audit all claims created under existing laws, and the same
when thus audited, shall be paid in the manner provided for the payment of
expenses incurred under this act. [1886, March 30: 83 v. 47, 53; 82 v. 101,
105: 77 v. 23, 27; Rev. Stat. 1880; 74 v. 48, § 12.]
SEC. 1895. [Compensation of officers and members.] The officers and
members of the police force shall receive compensation as follows: the super-
intendent a salary of five thousand dollars per annum, fifteen hundred of
which sum shall be paid by the county in which such city is situated; the
inspector of police shall receive a salary not exceeding eighteen hundred
dollars per annum; the police surgeon shall receive a salary not exceeding
fifteen hundred dollars per annum; the assistant police surgeon shall receive
a salary not exceeding twelve hundred dollars per annum; lieutenants of police
shall receive pay at the rate of eighty dollars per month for the first year,
eighty-five dollars per month for the second year, ninety-five dollars per month
for the third year and for the fourth and subsequent years of their service one
hundred dollars per month; sergeants shall receive pay at the rate of seventy-
five dollars per month during the first year of their service, eighty dollars
per month during the second year, eighty-five dollars per month during the
third year and ninety dollars per month during the fourth and subsequent
years of their service; patrolmen shall receive pay at the rate of seventy dollars
per month during the first year of their service, seventy-five dollars per month
during the second year, eighty dollars per month during the third year, and
eighty-five dollars per month during the fourth and subsequent years of their
service; and station-house keepers shall receive pay at the rate of sixty dollars
per month during the first two years of their service and sixty-five dollars per
month during the third and subsequent years of their service; the chief police
court officer shall hold rank and receive the pay of lieutenant; and the court
officers, the rank and pay of patrolmen; provided, however, that in estimating
the length of service those officers and policemen appointed from the force
now existing in such cities shall receive credit for the time and faithful services
rendered as such officers and policemen heretofore; the compensation of all
clerks and other persons employed under the provisions of this subdivision.
and not otherwise fixed shall be determined by the commissioners. [90 v. 342;
88 v. 195, 358; 84 v. 241, 242; 83 v. 237, 238; 83 v. 47, 53; 82 v. 101, 105; 79
v. 132; 77 v. 92; 77 v. 23, 27; Rev. Stat. 1880.]
947
Tit. XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS.
§§ 1896-1899.
SEC. 1896. [Compensation of board and clerk; salaries, how paid.]
The compensation of the commissioners herein provided for is hereby fixed at
one thousand dollars per annum for each, payable quarterly, and the clerk of
the police department shall draw his warrant therefor; and also the warrant,
monthly, for the salary of their clerk, attested by the president of the board, in
favor of each commissioner. Officers and members of the police force shall be
paid their salaries semi-monthly, for which warrants shall be drawn as above,
which shall be presented to the city comptroller, who shall thereupon draw his
warrant therefor upon the city treasurer, payable to such member or commis-
sioner, and the treasurer shall pay the same. [1886, March 30: 83 v. 47, 54;
82 v. 101, 105, 106; 77 v. 23, 28; Rev. Stat. 1880; 74 v. 48, § 11.]
SEC. 1897. [Presents, fees, etc., to members of force prohibited.] No
member of the police force shall, for his own benefit, under any pretense what-
ever, receive or share in any present, fee, gift, or emolument for public services
other than the regular salary and pay, except by the consent of the board and
superintendent, publicly given; nor shall any member share in or receive any
fee, gift, or reward from any person who may become bail for any arrested,
accused or convicted person, or who may become surety for any such person on
error to the judgment or decision of any court or magistrate, or any fee, gift or
reward in any case from an attorney-at-law who may prosecute or defend any
person arrested or prosecuted for any offense within the county within which
such city may be situated; nor shall any such member either directly or indi-
rectly interest himself or interfere in any manner whatever in the employment
of any attorney to aid in the defence of any person arrested or accused; and
for any violation of either of the foregoing provisions, the person so offending
shall be immediately removed from the police force. [1886, March 30: 83 v.
47, 54; 82 v. 101, 106; 77 v. 23, 28; Rev. Stat. 1880; 74 v. 46, § 7.]
SEC. 1898. [Expenses of detecting crime and arresting criminals, how
paid.] The actual and necessary expenses incurred by any member of such
police force in serving or executing any process or subpoena in a criminal case,
or in detecting or endeavoring to detect, discover or arrest any perpetrator of
crime against the laws of the State, or to discover or reclaim any property
feloniously stolen, concealed or carried away, when directed to do so by the
superintendent or the mayor, or by the prosecuting attorney of the county in
which such city is located, shall be a charge against such county; and the
amount of such expenses shall be made out in detail and verified by the oath
of the party to whom the same is due, to the effect that the sums therein
charged have been actually paid out by him, and shall not include any items
of traveling expenses in cases wherein transportation had been furnished to the
party gratuitously and without pay by him, under whatever circumstances
auch free transportation may have been given, and when such bill has been
audited and certified by the board of police commissioners, it shall be presented
to the board of commissioners of the county, and shall be by them audited and
paid as other county expenses are audited and paid. [1886, March 30: 83 v.
47, 54; 82 v. 101, 106; 77 v. 23, 28; Rev. Stat. 1880; 74 v. 51, § 7.]
SEC. 1899. [Station-houses.] The mayor, upon the approval of the
board of commissioners, shall provide, when required, at the expense of the
city, all necessary accommodations within such precincts as are contained
within the boundaries of such city, at the station-houses required by the board
for the accommodation of the police force of such precinct, for the lodging of
vagrant or disorderly persons and for the temporary detention of persons arrested
for offenses or held as witnesses. [1886, March 30: 83 v. 47, 55; 82 v. 101, 106;
77 v. 23, 29; Rev. Stat. 1880; 74 v. 55, § 16.]
For police stations for women and children in Cincinnati and other cities and police
matrons therefor, see? (2090--1) et seq.
948
§§ 1900-1902.
POLICE BOARDS AND OFFICERS. Tit.XII,Div.5,Ch.5.
SEC. 1900. [Lands and buildings for police purposes.] The power of
purchasing lands for police purposes and the supervision and control of the
erection, altering or repairing any station-houses or buildings, shall be solely
vested in the board of police commissioners; and all expenses incurred for the
above purposes shall be paid out of the police funds of such city upon the
order of the board; provided, that no such purchase or expenditure shall be
made except upon recommendation of the mayor; and provided further, that
no expenditure exceeding one thousand dollars for the purchase of land or the
erection of new buildings, or alteration or repair of old buildings shall be made
by the board unless the same shall have been first approved by the common
council. [1886, March 30: 83 v. 47, 55; 82 v. 101, 106, 107; 77 v. 23, 29; Rev.
Stat. 1880; 74 v. 55, § 16.]
(1900-1) [Providing for use of armory by police in Cincinnati.]
The police force of any city of the first grade of the first class, in which there
is an armory for the Ohio National Guard, erected and maintained at the
public expense, shall be permitted to use said armory for drill and inspection
purposes, free of cost, subject to such rules and regulations as may be adopted
by the commissioners of the county in which such city is situated. [86 v. 243.]
See ? 3085 as to armories and drill-rooms.
SEC. 1901. [Contracts; notice.] At least ten days' notice shall be
given in some newspaper of general circulation in such city, of the reception
of proposals for the performance of any contract exceeding five hundred dollars
in amount, and such contract shall be awarded to the best and lowest bidder,
who shall furnish satisfactory security for the performance of the same; and
no commissioner or other officer of the board, or employe of the department
shall be interested in any contract connected with the police department.
[1886, March 30: 83 v. 47, 55; 82 v. 101, 107; 77 v. 23, 29; Rev. Stat. 1880; 74 v.
55, § 16.]
SEC. 1902. [Pay and pension of disabled policemen; assignment to
other duties; pension of retired members.] When a patrolman or any
officer of a higher grade on the active force becomes bodily disabled, in conse-
quence of and while in the performance of official duty, he may continue to
draw his regular salary, at the discretion of the board, for a period not to exceed
three months. If such disability, incurred in consequence of and while in per-
formance of official duty, shall appear to be of such a character as to perma-
nently unfit such member for active duty upon the police force, he shall, upon
the recommendation of the mayor and the approval of the board of commis
sioners, be retired, and shall be allowed out of the police fund a pension of ten
($10) dollars per month, to be paid monthly as provided herein for the salaries
of members of the force. But if any member of the force, on recovery from
such disability, be assigned to duty and full pay, his pension shall cease.
Patrolmen and officers of a higher grade, who have done faithful service, and
have been disabled, so as to unfit them for serving as patrolmen, or as such
officers, may be assigned to other duties suitable to their physicial abilities, and
shall always have preference in such assignments. When such members of the
force in consequence of such partial disability have been assigned to any posi-
tion having a rate of compensation lower than the one to which such member
was entitled, previous to his disability, such assignment shall not exclude him
from receiving a pension, or terminate the pension which may have been
awarded him. The pension herein provided for shall be aside from and in
addition to any allowance which may come from the police relief fund pro-
vided for below. Any patrolman or officer of a higher grade who has served
faithfully for the period of fifteen years, and who has reached the age of fifty
years, may on retirement from active service, on the recommendation of the
mayor and the approval of the commissioners, be allowed a pension of ten dol-
949
Tit.XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS.
§§ 1903-1905a.
lars per month, to be paid as provided above for pensions on account of dis-
ability. [1886, March 30: 83 v. 47, 55; 82 v. 101, 107; 77 v. 23, 29; Rev. Stat.
1880; 73 v. 74, § 15.]
SEC. 1903. [Police relief fund.] The board of police commissioners are
hereby authorized to create a police relief fund, by assessing upon each member
of the force, a sum to be deducted from the monthly pay of each member, not
exceeding one dollar ($1.00) per month; and the sum so fixed and deducted
shall be paid into the city treasury to the credit of the police relief fund, and
shall be used exclusively to relieve members of the force when sick or disabled
from the performance of duty, for funeral expenses, relief of their families in
case of death, or for pensions when honorably retired from the force. [92 v.
273: 83 v. 47, 56; 82 v. 101, 107; 77 v. 23, 29; Rev. Stat. 1880; 74 v. 53, §9.]
(1903—1) [Taxes on foreign insurance companies in Cincinnati.]
The county treasurers of counties containing a city of the first grade of the first
class shall, semi-annually, at the time of their semi-annual settlement with the
auditors of their respective counties, pay over to the treasurer of such city
one half of the amount to which such city is entitled, under its annual levy to
receive, of all the taxes paid into the treasuries of their respective counties by
foreign insurance companies on their gross receipts, under the provisions of
section[s] two thousand seven hundred and forty-five of the Revised Statutes, during
the half year preceding such semi annual settlement; and the money so paid
over to the city treasury shall be credited to the police relief fund of such city,
and shall be controlled, administered and disbursed in accordance with the
provisions of sections one thousand nine hundred and three, one thousand nine hun-
dred and four, one thousand nine hundred and five and one thousand nine hundred
and six of the Revised Statutes, as passed March 30, 1886. [86 v. 5.]
As to taxes in foreign insurance companies in counties containing certain cities, see
? (2030-13).
Same in Lucas county as to Toledo, see? (1997-1).
SEC. 1904. [Fines, fees, etc., to be paid into relief fund and invested.]
All fines and forfeitures from policemen, all rewards, fees, proceeds of gifts and
emoluments that may be allowed by the board, to be paid and given for or on
account of any extraordinary service of any member of the force, all moneys
arising from the sale of unclaimed property or money, after deducting all
expenses incident thereto, shall be paid into the city treasury to the credit of
the police relief fund; and the police commissioners shall be trustees of the
fund, and shall invest the same from time to time, when there is a surplus,
in United States bonds, bonds of the State of Ohio, bonds of such city, or bonds
of county in which such city is located. [1886, March 30: 83 v. 47, 56; 82 v.
101, 107; 77 v. 23, 29; Rev. Stat. 1880; 74 v. 53, § 9.]
SEC. 1905. [Rules for its disbursement; its board of directors.] The
members of the police force of the city shall make such rules and regulations
as to the disbursement of the police relief fund to the members as they may
deem proper, such rules and regulations to be approved by the board of police
commissioners; and the members of the police force, each having one vote,
shall elect, annually, on the first Wednesday after the first day of January, in
each year, a board of seven members from their own number, to be known as
the board of directors of the police relief fund, to whom shall be entrusted
the entire management of the fund and its disbursements, subject to the
approval of the police commissioners as heretofore provided. [1886, March 30:
83 v. 47, 56; 82 v. 101, 107; 77 v. 23, 30; Rev. Stat. 1880; 74 v. 54, § 9.]
SEC. 1905a. [Payment from relief fund to widow, minor children;
dependent mother or father.] If any member of said police force in cities
of the first grade of the first class, shall, while in the performance of his duties,
950
§§ 1906-1910.
POLICE BOARDS AND OFFICERS. Tit. XII,Div.5,Ch.5.
be killed, or die from the effects of an injury thus received, or of any disease
thus contracted, or if any member of said police force shall, after fifteen years'
service therein, or while retired, subject to the provisions hereinafter stated,
die from any cause, such member so killed or dying from said injury or disease,
or after said term of service or retirement, subject to the provisions herein-
after stated, shall leave a widow or minor child or children, under sixteen years
of age, or a mother who depended upon him for support, the board of directors
of the police relief fund in such cities of the first grade of the first class, shall
be subject to the approval of the board of police commissioners, authorize and
direct the payment from the said police relief fund the following sums monthly,
viz.: To such widow, while unmarried, the sum of twenty (20) dollars; to
the guardian of such minor child or children, six (6) dollars for each of said
children, until each child shall respectively arrive at the age of sixteen years,
and twenty (20) dollars to such dependent mother until she remarries; and in
case there is no dependent mother, but a father who is dependent upon such
member for support, such dependent father shall be paid the same sum
monthly as provided herein to be paid to a dependent mother; provided, how-
ever, that if at any time there should not be sufficient money or bonds to pay
to each person entitled to the benefit thereof the full amount as herein before
stated, then and in that event, an equal percentage of said monthly payments
shall be made to each beneficiary thereof, until said fund is so replenished as
to warrant the payment in full to each of said beneficiaries. Provided, how-
ever, that the provisions of this section, so far as they are applicable to retired
members, shall apply only to the widow and child or children of such members,
who were the wife or child or children at the date of the retirement of such
member, and not to a widow who became the wife of such member or to the
child or children born to such member, after the date of his retirement.
provisions of this section shall apply to the families of all members who have
been, or may hereafter be killed, or who have died or may hereafter die, of
injuries received, in the performance of their duties in any police force now
organized, or that may be here after organized in any such city. [93 v. 626.]
The
The
SEC. 1906. [Organization of directors; payments from fund.]
board of directors shall organize, electing a president and secretary, and no
payment of any money shall be made from the relief fund, save for invest-
ment by the trustees, except upon the order of the board of directors, signed
by the president, countersigned by the secretary, and approved by the board of
police commissioners. Members who have resigned, or have been dismissed
from the force, shall have no interest in or claim on such fund; and members
who are honorably retired from the force, shall only have such interest in the
fund as may be fixed in the rules and regulations in relation to the fund by
the board of directors, and approved by the commissioners. [1886, March 30:
83 v. 47, 57; 82 v. 101, 107; 77 v. 23; Rev. Stat. 1880; 74 v. 54 (53), § 9.1
SEC. 1907. [Repealed 1880, February 27: 77 v. 23, 34.
Rev. Stat. 1880; 74 v. 52, §8.1
SEC. 1908. [Repealed 1880, February 27: 77 v. 23, 34.
Rev. Stat. 1880; 74 v.52, § 8.]
Former statutes:
Former statutes:
SEC. 1909. [Repealed 1880, February 27: 77 v. 23, 34. Former statutes:
Rev. Stat. 1880; 74 v. 53, § 8.]
SEC. 1910. [Duty of police upon commission of crime.] When a
crime is committed in such city, whether the person accused or suspected flees
from justice or not, the superintendent of police may report to the chief of detect-
ives all facts which may have come to his knowledge concerning the offense,
or the accused, or suspected party, and the mayor may, in his discretion,
authorize any person or persons belonging to the police force to arrest suck
951
Tit. XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS.
SS 1911-1914.
accused or suspected person and return him to the proper criminal court hav-
ing jurisdiction of the offense, for trial. [1886, March 30: 83 v. 47, 57; 82 v.
101, 108; 77 v. 23, 30; Rev. Stat. 1880; 74 v. 44, § 2.]
SEC. 1911. [Warrants and commitments.] The mayor and superin-
tendent of police shall each have the power to issue criminal warrants in all
cases upon the complaint of any person on oath, making the same returnable
before the judge of the police court of such city, and they may each commit
for examination. [1886, March 30: 83 v. 47, 57; 82 v. 101, 108; 77 v. 23, 30;
Rev. Stat. 1880; 74 v. 47, § 9.]
SEC. 1912. [Witnesses.] The mayor and clerk shall each have power
to issue subpoenas attested in the name of the mayor, to compel the attendance
of witnesses upon any proceeding authorized by this sub-division; witnesses
for whom such subpoenas are issued shall be entitled to the usual fee prescribed
for witnesses; and the superintendent and clerk are hereby authorized and
empowered to administer oaths and affirmations to any person summoned and
appearing in any matter or proceeding authorized as aforesaid, or to take any
deposition necessary to be taken for the purpose of this sub-division; and in
case any person subpoenaed under this section fails or refuses to obey such sub-
poena, or refuses to take, when required, the proper oath or affirmation, or to
answer any proper question, the mayor shall have the same power to compel
attendance and punish disobedience as justices of the peace in like cases.
[1886, March 30: 83 v. 47, 57; 82 v. 101, 108; 77 v. 23, 30, 31; Rev. Stat. 1880;
74 v. 47, §9.]
SEC. 1913. [Search warrants.] Upon complaint, on oath, that any
personal property has been stolen or embezzled, and that the complainant
believes that such property is concealed in any particular house or place in
such city, or within four miles of the corporate limits thereof, the mayor may,
if he is satisfied that there is reasonable ground for such belief, issue a warrant
to search for such property, which warrant shall be directed to some officer of
the police force, and shall command him to search the place, which place shall
be designated, and the property particularly described in the warrant, and to
bring such stolen property before the judge of the police court; and upon the
return of such warrant to such judge, he shall proceed thereon in like manner
as if such warrant had been by him issued; and no fees shall be allowed for
the issue or execution of the warrants aforesaid. [1886, March 30: 83 v. 47, 57;
82 v. 101, 108; 77 v. 23, 31; Rev. Stat. 1880; 74 v. 49, § 3.]
SEC. 1914. [Stolen property recovered.] All stolen or other property
recovered by members of the police force, shall be deposited and kept in a place
designated by the mayor; every such article or property shall be entered in a
book kept for that purpose, together with the name of the owner, if ascertained,
and the name of the place where found, and of the persons from whom taken,
with the general circumstances, and the date of its receipt and the name of the
officer receiving the same; an inventory of all money, or other property, shall
be given to the party from whom the same was taken, and in case the same is
it
not, within thirty days after such arrest and seizure, claimed by some person,
shall, unless otherwise ordered by the board, be delivered to the person from
whom the same was taken and to no other person, either attorney, agent, factor,
or clerk, except by special order of the mayor; and in case such money or prop-
erty is, within thirty days, claimed by any other person, it shall be retained by
such custodian until after the discharge or conviction of the person from whom
the same was taken, and so long as it may be required as evidence in any case in
court; and if such claimant establish, to the satisfaction of the police judge,
that he is the rightful owner, the same shall be restored to him, otherwise, it
shall be returned to the accused, personally, and not to any attorney, agent,
factor, or clerk of such accused person, except upon special order of the mayor
952
SS 1915-1920.
POLICE BOARDS AND OFFICERS. Tit. XII,Div.5,Ch.5.
after all liens and claims in favor of the city, against the same, shall have first
been discharged and satisfied. [1886, March 30: 83 v. 47, 58; 82 v. 101, 109;
77 v. 23, 31, 32; Rev. Stat. 1880; 74 v. 47, § 10; (S. & S. 817).]
SEC. 1915. [Penalty for neglect to deposit stolen property.] In case
of the neglect or refusal of any officer or patrolman to deposit the property
taken or found in the possession of any person arrested, as provided in the pre-
ceding section, he shall be deemed guilty of a misdemeanor, and subject to
indictment, on information, and be fined in a sum not exceeding three thou-
sand dollars, and in no case less than twice the value of the property, or be、
imprisoned in the county jail not exceeding one month, or both; and the sen-
tence of the court, in such cases, shall operate to vacate the office of the person
so convicted. [1886, March 30: 83 v. 47, 58; 82 v. 101, 109; Rev. Stat. 1880;
74 v. 47, § 10.]
SEC. 1916. [Disposition of unclaimed goods.] All goods unclaimed for
the period of one year, shall be sold by the superintendent of police, at public
auction, after giving due notice thereof, by advertisement, published three
times in a newspaper of general circulation in such city. [1886, March 30:
83 v. 47,58; 82 v. 101, 109; Rev. Stat. 1880; 74 v. 49, § 16; (S. & C. 1195).]
SEC. 1917. [Supervision over pawnbrokers, etc.] The mayor and the
superintendent of police, and the lieutenants of police within their districts,
shall possess powers of general supervision and inspection over all pawnbrokers,
junk-shop keepers, cartmen, hackmen, dealers in second-hand merchandise,
intelligence office keepers, and auctioneers within such city; and in the exer-
cise, and in the furtherance of such provisions, may, from time to time, detail
members of the police force to fulfill such special duties in the aforesaid prem-
ises, as may be ordained by the board. [1886, March 30: 83 v. 47, 58; 82 v. 101,
109; 77 v. 23, 32; Rev. Stat. 1880; 74 v. 51, § 6.]
SEC. 1918. [Examination of books of pawnbrokers, etc.] The super-
intendent and the lieutenants within their districts may, by authority in
writing, empower any member of the police force, whenever such member is in
search of property feloniously obtained, or in search of suspected offenders, to
examine the books of any pawnbroker, or his business premises, or the busi-
ness of any junk-shop keeper or dealer in second-hand merchandise, or intelli-
gence office keeper; and such member of the force, when thereunto authorized
in writing as aforesaid, and having in his possession a pawnbroker's receipt or
ticket, shall be allowed to examine the property purporting to be pawned,
pledged or deposited on such receipt or ticket, in the possession of whomsoever
such property may be; but no such property shall be taken from the possessor
thereof without due process or authority of law. [1886, March 30: 83 v. 47,
58; 82 v. 101, 109; Rev. Stat. 1880; 74 v. 51, § 6.]
SEC. 1919. [Penalty for resisting police.] All willful resistance to the
superintendent, lieutenants, or to any member of the force, while in official
and due discharge of duty, by any of the persons named in the preceding sec-
tion, shall be a misdemeanor, and such person, upon conviction thereof, shall
be fined in any sum not less than ten nor more than five hundred dollars, and
may be imprisoned in the county jail not more than three months, or both.
[1886, March 30: 83 v. 47, 59; 82 v. 101, 110; Rev. Stat. 1880; 74 v. 51, §6.]
SEC. 1920. [Suppression of gaming houses, etc.; arrests, etc.] When-
ever the mayor ascertains or receives satisfactory information, that any house,
room or premises within such city, or within four miles of the corporate limits
thereof, is being kept or used as a common gaming-house or common gaming
premises for playing therein for wager of money at any game of chance, or if
the same is kept or used for any lewd or obscene public amusement, or the
deposit or sale of lottery tickets or lottery policies, it shall be lawful for the
953
Tit.XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS.
§§ 1921-1924.
mayor, and it shall be his duty, to authorize and direct the superintendent, or
any other officer of the force, to enter such house, room or premises, and forth-
with arrest all persons therein found offending against any law, and seize all
implements of gaming, lottery tickets and lottery policies, and convey any per-
son so arrested before the judge of the police court, and bring the articles to
the office of the mayor. [1886, March 30: 83 v. 47, 59; 82 v. 101, 110; 77 v.
23, 32; Rev. Stat. 1880; 74 v. 50, § 4.]
Gaming act. Form of petition to enforce lien of judgment against the winner on the buildings wherein the
money was lost: Binder v. Finkbone, 25 O. S. 103.
SEC. 1921. [Duty of superintendent of police as to such arrests, etc.]
The superintendent of police shall cause such arrested persons to be vigorously
prosecuted, and such seized articles to be destroyed, and the board shall cause
the owner of such house, room or premises, his agent or representative, to be
notified in writing that such house, room or premises is being used for an
unlawful purpose, and it shall be the duty of the owner, agent, attorney or
representative, to cause the use of the premises for such unlawful purposes to
cease. [1886, March 30: 83 v. 47, 59; 82 v. 101, 110; 77 v. 23, 32; Rev. Stat.
1880; 74 v. 50, §4.]
SEC. 1922. [Penalty for failure to cause unlawful use of premises to
cease.] If any owner, agent, attorney or representative neglects or refuses or
fails to use diligence to cause the use of the premises for such unlawful pur-
poses to cease, as provided in the preceding section, within a reasonable time,
to the satisfaction of the mayor, he shall, upon conviction thereof, for the first
offense, be fined not less than fifty nor more than two hundred and fifty dol-
lars, and shall be committed until the fine and costs are paid; and for the
second and any subsequent offense, he shall, upon conviction, in addition to
the fine, be imprisoned in the county jail not less than fifteen days nor more
than three months. [1886, March 30: 83 v. 47, 59; 82 v. 101, 110; 77 v. 23, 32;
Rev. Stat. 1880; 74 v. 50, §4.]
SEC. 1923. [Seizure and destruction of gaming devices.] Whenever
the mayor ascertains, or receives satisfactory information that there is any pro-
hibited gaming table or other gaming device kept or used in such city he shall
have power to issue, and it shall be his duty forthwith to order a warrant to be
issued by him directed to the superintendent of police, or some other officer of
the police under him, to seize and bring before him such gaming table or other
gaming device; the officer charged with the execution of such warrant shall
have power to break open doors for the purpose of executing the same, and for
that purpose may have the assistance of the whole police force; and it shall be
the duty of the mayor, before whom any such prohibited gaming table or gam-
ing device is brought, to cause the same to be destroyed by burning or other-
wise; provided, that if at any time the mayor shall, after request from the board
of commissioners, either refuse or for three days after notice fail to perform the
duties imposed upon him by this section or by sections one thousand nine hun-
dred and twenty, one thousand nine hundred and twenty-one and one thousand nine
undred and twenty-two, the duty therein prescribed and the powers therein con-
ferred upon the mayor shall devolve upon the board, and the president of the
board shall order the superintendent of police forthwith to execute the require-
ments of the above named section, and refusal or failure to execute such order
shall require his removal by the commissioners. [1886, March 30: 83 v. 47, 59;
82 v. 101, 110; 77 v. 23, 33; Rev. Stat. 1880; 74 v. 50, §5.]
SEC. 1924. [Penalty for having burglars' tools in possession.] Any
person found in any such city, or within four miles of the corporate limits
thereof, having in his possession any burglar's tools, or implements of any
kind commonly used by burglars in breaking or entering houses, shall be
deemed guilty of a misdemeanor, and upon conviction thereof before any police
court or other court of such city having competent jurisdiction thereof, shall
954
SS 1925-1929.
POLICE BOARDS AND OFFICERS. Tit. XII, Div.5,Ch.5.
be fined in a sum not less than twenty-five nor more than one hundred dollars,
or be imprisoned in the city work-house for a period not less than ninety days
nor more than twelve months, or both. [74 v. 55, § 13.]
See 26835.
This act was held unconstitutional, because the crime charged is malum in se wherever committed, and
the statute limiting its operation to one place only is general in its nature, and should have uniform opera
1 on throughout the state: Falk ex parte, 42 O. S. 638. Owen and Johnson, JJ. dissented.
Constitutionality sustained: Wiggins ex parte (Ham. Dist. Court), 4 W. L. B. 1066.
SEC. 1925. [Penalty for using personal violence upon member of
police force, etc.] It shall be a misdemeanor punishable by a fine not ex-
ceeding one hundred dollars, or imprisonment in the work-house or county
jail not less than one month nor more than three months, or both fine and
imprisonment, for any person, without justifiable or excusable cause, to use per-
sonal violence upon any member of the police force, when in the discharge of
his duty, or for any person not a member of the force to falsely represent him-
self as being such member. [74 v. 54, § 12.]
SUBDIVISION II. IN CITIES OF THE SECOND GRADE OF THE FIRST CLASS.
SEC. 1926. [Board of commissioners in Cleveland. 73 v. 47, § 1; re-
pealed, see under § (1545-85); and for substitute see § (1545-40) et seq.]
SEC. 1927. [Election and term of office of board; vacancies. 73 v.
47, §§ 2, 3; repealed, see under § (1545-85); and for substitute see § (1545-40)
et seq.]
SEC. 1928. [Secretary.] The board shall appoint a secretary of police
who shall act as clerk of said board and also of the trustees of the police pen-
sion fund; he shall receive an annual salary of eighteen hundred dollars, per-
form such duties as are provided by law and the rules of the board, and give a
bond in the sum of not less than ten thousand dollars for the faithful perform-
ance of his duties. He shall become a member of the force and be subject to
the rules and regulations governing said force, and hold his office until re-
moved, as provided in sections 1931 and 1938 of the Revised Statutes. [88 v.
36; 73 v. 48 § 5.]
SEC. 1929. [Appointment of officers and members of police force;
special patrolmen in case of emergency.] The board shall have power at any
time to appoint a superintendent of the police force, a deputy superintendent
of police, a captain of police, and an additional captain for each fifty patrol-
men more than the first fifty, a lieutenant of police for each twelve patrolmen,
and a sergeant of police for each police precinct and also regular or compen-
sated patrolmen, not exceeding one for each seven hundred and fifty inhabit-
ants; but the number of patrolmen may be increased with the consent of the
council, and the board shall have power to appoint patrolmen on probation,
and discharge them at any time within six months from the date of appoint-
ment; provided, that if demanded by such patrolman, the cause for his dis-
charge shall be assigned him by the board in writing; and the board shall have
the power, in case of emergency, to appoint as many special patrolmen as it
may think proper, which appointments shall be reported to and be subjected
to the action of the city council at its next meeting. The board shall appoint
a police surgeon, who shall also be a member of the force, and receive such
annual salary, not exceeding ten hundred dollars, as the board may determine;
perform such duties as are hereinafter provided and as the board may direct.
Provided, that the members of the police force now in office shall not be
removed except in the manner provided for by section one thousand nine hundred
and thirty-one. [1889, March 21: 86 v. 127; 80 v. 49; Rev. Stat. 1880; 73 v. 48, §5.]
See ? 2022.
955
Tit. XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS.
§ (1929—1).
(1929-1) [Officers and drivers in police patrol service in Cleve-
land.] In cities of the second grade of the first class, the officers now in
charge of any police patrol station in such city shall take the rank and re-
ceive the same pay as sergeants, and any driver of a patrol wagon belonging
to any such station shall take rank and receive the same pay as patrolmen;
and such officers and drivers shall herafter be subject to all ordinances, rules,
regulations and statutes governing sergeants and patrolmen in any other
branch of the police service in such cities. [86 v. 370.]
SEC. 1930. [Secret police detectives, etc.] The board may, from the
members of the force, appoint detectives, not exceeding ten in number, who
shall act as secret police or detectives, one of whom shall be detailed as chief
detective bearing the rank of captain, and when from any cause a vacancy
exists in the number so first appointed, the board may appoint to such vacancy
the patrolman, which the record, required to be kept as hereinafter provided,
shows to be the most meritorious; and the board may at any time, when they
deem it for the greater efficiency of the force, relieve any of said detectives from
detective duty and assign them to such position and service in the force as it
may deem advisable, and change their pay to the pay of the rank or grade
assigned them; provided, however, that no change or removal shall be made,
except for cause, to be assigned on a public hearing and on due notice accord-
ing to the rules to be promulgated by the board; and the board shall also
appoint such suitable persons to act as door-men, janitors, attorney of police,
and telegraph and telephone-operators as the demands of the service may
require, who shall receive such compensation as the board may determine, in
no case, however, exceeding the salary of patrolmen. All powers and orders
of the police court shall be directed to the superintendent of police, and shall
be executed by any person appointed for said purpose by the board, and the
board shall, from the member [members] of the force, appoint such number of
suitable persons as may be necessary to attend the sittings, preserve order, and
execute all process and orders of the police court, and such persons shall be
the special deputies of the superintendent of police. [1889, March 21: 86 v.
127, 128; 80 v. 49; Rev. Stat. 1880; 73 v. 48, §5.]
SEC. 1931. [Removal or suspension of member; rules.] The board
may, for cause to be assigned, on a public hearing, and on due notice, accord-
ing to the rules to be promulgated by it, remove or suspend from office, or for
any definite time deprive from pay, any member of such police force; it may
make rules and regulations for the government and discipline of the force, and
cause the same to be published; and may make and promulgate general and
special orders to the force through the superintendent of police. [73 v. 48, §5.]
See ? 2022.
SEC. 1932. [Powers of board.] The board shall have the entire control
of the police force of the city, possess full power and authority over the police
organization, government, appointments and discipline within the city, have
the custody and control of all public property, books, records and equipments
belonging to the police department, and have power to erect and maintain all
such lines of telegraph or other means of communication, and procure all such
equipments for the rapid transportation of police from one point to another in
such places within the city as for purposes of police the board deems neces-
sary, whenever the council authorize the establishment of such telegraph line
or lines, or other means of communication, or the procuring of said equip-
ments and provides for the costs thereof; provided, the board may use for such
purposes the police court funds, subject to the conditions and restrictions con-
tained in section one thousand nine hundred and fifty-nine of the revised statutes.
[1883, March 7: 80 v. 49, 50; Rev. Stat. 1880; 73 v. 48, § 6.]
See 2022.
956
§§ 1933-1938.
POLICE BOARDS AND OFFICERS. Tit. XII,Div.5,Ch.5.
SEC. 1933. [Duties of board.] The board of police shall at all times.
cause the ordinances of the city to be properly enforced; and it shall be the
duty of the board at all times, when consistent with the rules and regulations
of the same, and with the requirements of this subdivision, to furnish all the
information desired, and comply with all the requests made by the city coun-
cil or mayor; and they shall quell riots, suppress insurrections, protect prop-
erty, and preserve the public tranquillity. [73 v. 55, § 23.]
See ? 2022.
SEC. 1934. [General duties of police.] The board of police and the
force hereby constituted shall at all times of the day and night, within the
boundaries of the city, and as far as the board may deem necessary for the
welfare of the city, within the county, preserve the public peace, prevent crime,
arrest offenders, protect rights of persons and property, guard the public health,
preserve order, remove nuisances existing in streets, roads, places and high-
ways, report all leaks or other defects in water pipes and sewers to the proper
authorities, provide a proper force at every fire, in order that thereby the fire-
men and property may be protected, protect strangers and travelers at steam-
boat and ship landings, and railway stations, and generally obey and enforce all
ordinances of the city council, criminal laws of the state and of the United
States. [1883, March 7: 80 v. 49, 50; Rev. Stat. 1880; 73 v. 49, § 7.]
See ? 2022.
As to the duties under the boiler inspection act, see ? (2596—7).
SEC. 1935. [Duty when crime committed.] When a crime is commit-
ted in such city, whether the person accused or suspected flees from justice or
not, the superintendent of police shall immediately report to the chief of
detectives all facts which may have come to his knowledge concerning the
offense, or the accused or suspected person; and the board of police may, in its
discretion, authorize any person belonging to the force to pursue and arrest
such accused or suspected person and return him to the proper criminal court.
[73 v. 49, § 7.]
See ? 2022.
SEC. 1936. [Qualifications of members of force.] No person shall
be appointed to or hold office in the police force aforesaid who is not a citizen
of the United States, and a resident of the city. [73 v. 47, § 8.]
SEC. 1937. [Rules and regulations.] The qualification, enumeration,
and distribution of duties, mode of trial, and removal from office of each
member of the police force, shall be particularly defined and prescribed by
rules and regulations of the board; provided, that no appointment, promo-
tion, or removal of any officer or patrolman shall be valid unless approved by
a majority of all the members of the board, and the vote so given shall be
duly recorded by the secretary of the board. [73 v. 49, §§ 1, 8.]
SEC. 1938. [Removals and suspensions of members of force; vacan-
cies: how filled.] No superintendent, captain, lieutenant, sergeant, or patrol-
man, shall be removed, except on written charges preferred against him to the
board of police, and after an opportunity shall have been afforded him of being
heard in his defense; but the board of police shall have power to suspend any
member of the police department of the city pending the hearing of the charges
preferred against him; provided, that whenever a vacancy occurs in the office of
captain of police, the same may be filled by appointment from among the per-
sons then in the force as lieutenants of police, and a like vacancy in the office
of lieutenant of police may be filled by appointment from among the persons
then in office as sergeants of police, and a like vacancy in the office of sergeant
of police, may be filled by appointment from among the persons then in
office as police patrolmen. [73 v. 49, §8.]
957
Tit. XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS. SS 1939-1941.
SEC. 1939. [Compensation and salaries in Cleveland.] In all cities of
the second grade of the first class the following officers and patrolmen of the
police force shall receive the following salaries per annum: The superintendent
not less than thirty-five hundred dollars and not more than thirty-six hundred
dollars; deputy superintendent not less than two thousand dollars and not
more than twenty-five hundred dollars; each captain not less than fifteen hun-
dred dollars and not more than eighteen hundred dollars; each lieutenant and
detective not less than twelve hundred dollars and not more than fifteen hun-
dred dollars; police surgeon not less than thirteen hundred dollars and not
more than fifteen hundred dollars; each sergeant not less than eleven hundred
dollars and not more than thirteen hundred dollars; each patrolman not less
than seven hundred and eighty dollars and not more than seven hundred and
ninety-two dollars for the first year's service; and not less than eight hundred
and forty dollars and not more than eight hundred and fifty-two dollars for
the second year's service; not less than nine hundred dollars and not more
than nine hundred and twelve dollars for the third year's service; and not less
than nine hundred and sixty dollars and not more than nine hundred and
seventy-two dollars for the fourth year's service; and not less than one thou-
sand dollars nor more than twelve hundred dollars for the fifth and each sub-
sequent year of service, provided patrolmen on said force at the time of the
passage of this act shall continue to receive not less than their present salaries
per annum; provided further, the director of police shall have the power to
appoint one or more of the patrolmen as clerks to the superintendent of police
or secretary of the director of police who shall receive a salary and rank of
sergeants; the pay in all said cases to be fixed by the city council and the sal-
aries to be paid semi-monthly to the persons entitled thereto. [93 v. 396; 91
v. 117; 86 v. 112; 84 v. 110; 80 v. 49, 50; Rev. Stat. 1880; 73 v. 49, § 8.]
See ? 1929 as to pay of officers (and drivers) in the police patrol service in cities of the
second grade of the first class.
SEC. 1940. [Fees, gifts, etc., prohibited, unless by special consent;
interference prohibited.] No member of the board of police or of the police
force shall, for his own benefit, under any pretense whatever, receive or share
in any present, fee, gift, or emolument for police service, other than the reg-
ular salary or pay provided by this subdivision, unless by the consent of a
majority of the board; nor shall any member share in or receive any fee, gift,
or reward from any person who becomes bail for an arrested, accused, or con-
victed person, or who becomes surety for any person on proceedings in error
from the judgment or decision of any court or magistrate, or a fee, gift, or
reward in any case from an attorney-at-law, who prosecutes or defends a person
arrested or prosecuted for any offense within the county within which such
city is situated; nor shall any such member, either directly or indirectly, inter-
est himself or interfere in any manner in the employment of an attorney to
aid in the defense of a person arrested or accused; and for a violation of either
of the foregoing provisions, the person so offending shall be immediately
removed from the police force. [73 v. 49, § 8.]
SEC. 1941. [Moneys collected by police court of certain cities to con-
stitute a contingent fund for police board.] All moneys collected by the
police court of such city, on account of the service by the police force of writs
issued by such court, shall be paid to the board of police, and such moneys,
together with the moneys received by the board from all sources whatever, the
disposition of which is not otherwise provided for by this subdivision, shall
constitute a fund to be called the contingent fund, out of which shall be paid
all incidental, or extraordinary expenses incurred by the board, and the pay-
ment of which is not otherwise provided for by subdivision 2, chapter 5, divis
ion 5, title XII of the revised statutes of Ohio. In cities of the second grade,
958
SS 1942-1945.
POLICE BOARDS AND OFFICERS. Tit. XII,Div.5,Ch.5.
class first, two-thirds of all moneys collected by the police court as aforesaid,
together with two-thirds of the moneys received by the board from all sources.
whatever, as aforesaid, shall constitute the contingent fund, out of which pay-
ment shall be made as above provided. [1881, April 19: 78 v. 224; Rev. Stat.
1880; 73 v. 50, § 9.]
See 2022.
SEC. 1942. [Charges against policemen: how tried.] Any citizen of
such city, with a view to the trial and suspension or removal from office of any
officer or patrolman of the police force, may, on oath, in writing prefer, before
the board, charges touching the character, competency, or acts of such officer
or policeman, or for misconduct, or the violation of the rules and regulations
prescribed by the board; and the board, after reasonable notice to the person
charged, shall proceed to his trial on the charges, and shall issue subpoenas,
attested in the name of the president of the board, to compel the attendance of
witnesses, administer oaths, and generally, for purposes of such trial, shall
have the powers of justices of the peace in civil cases, so far as the same are
applicable, and may make an order of removal or suspension for some certain
period. [73 v. 50, § 10.]
SEC. 1943. [Costs of trial deducted from pay.] If, on such trial, the
charges be sustained, the officer or policeman shall pay the cost of such pro-
ceedings, and the same may be deducted from his pay; and in case of his sus-
pension his pay shall cease from the date of the charges and during the period
of suspension. [73 v. 50, § 10.]
SEC. 1944. [Costs of trial, how taxed and collected.] In trials
under this subdivision the same costs shall be charged and taxed as in trials
before justices, and collected on execution, to be issued by the police clerk on
the certificate of the board, and order for execution; and the costs, when col-
lected, shall be paid to the secretary of the board for the benefit of those con-
cerned; but the board shall not tax or receive any fees for themselves or for
any member of the police force. [73 v. 50, § 10.]
SEC. 1945. [Police life and health insurance fund in Cleveland; in-
vestment of fund; duty of secretary of police.] All rewards, fees, proceeds
of gifts, and emoluments, that may be allowed by the director of police to be
paid, or given on account of extraordinary services of a member of the police
force, all unclaimed money, the proceeds arising from the sale of unclaimed
property, and one-third of the moneys received by the director of police from
all sources whatever, the disposition of which is not otherwise provided for by
subdivision two, chapter five, division five, title twelve, of the Revised Statutes
of Ohio, one-third of all the moneys collected by the police court on account
of the service by the police force of writs issued by such court, all the police-
men's fees, members of the police force to be allowed same fees as other persons
in the police court, which shall be charged by the clerk in the bill of costs, and
collected of the defendant in case of conviction, as in case of other witnesses,
all policemen's witness fees, members of the police force shall be allowed same.
fees as other witnesses in the criminal court of the county, all of which fees
when collected and all fines imposed by the director of police, upon members
of the force for violations of rules, shall be paid to the trustees of the police
pension fund, who shall deposit the same into the city treasury to the credit of
said police pension fund; and the persons who from time to time, constitute
the board of trustees of the police pension fund as provided by section 43 of
an act entitled “An act to provide a more efficient government of the cities of
the second grade of the first class, passed March 16, 1891, and as amended
February 26, 1891," shall have power to draw such funds from the city treas-
ury on the warrant of the president of said board, countersigned by the secre
959
Tit. XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS.
§ (1945—1).
tary, and may invest the same in the name of the "board of trustees of the
police pension fund" in interest bearing bonds of the United States, the state
of Ohio, or any county in the state or the said cities, or of any township, incor-
porated village or other municipal corporation in the said state of Ohio, when
the power to issue said bonds is derived from either general or special legisla-
tive authority, that the said bonds shall, before the same are issued to the said
board of trustees, be registered in the office of the treasurer of the United States,
or said state of Ohio, or county, city, township, incorporated village or munic-
ipal corporation in this state issuing the same, and bear upon their face the
printed or legible written fact of such registry, together with the book and page,
and the date and place of such registry. The president and secretary of such
board shall collect the interest on all bonds and place the same in the city
treasury to the credit of said fund. The board of trustees may, as it shall deem
advisable, deposit the same in responsible savings and loan associations in the
city of Cleveland, and have power to draw the same from the treasury for that
purpose, and shall make report to the council of the condition of the fund on
the first of January of each year. The secretary of police shall be the secretary
of said board of trustees, and it is hereby made the duty of said secretary to
keep a record of the proceedings of said board of trustees and all action taken
by it with regard to said fund and with regard to the members of said police
force as herein provided. [93 v. 232; 86 v. 349; 78 v. 225; Rev. Stat. 1880;
73 v. 51, § 11; (S. & S. 813).]
Repealed in so far as applicable to Hamilton, 87 v. 134, ? (2022-65).
As to who shall be trustees of the police pension fund, see ? (1545-44).
As to the sanitary police pension fund and trustees thereof, see ? (2148—1) et seq.
As to Toledo, see? (1997-1).
(1945-1) [Part of proceeds of insurance tax goes to fund.] That
the county treasurers of counties containing a city of the second grade of the
first class shall semi-annually, at the time of their semi-annual settlement with
the auditors of their respective counties, pay over to the treasurer of such city
one-half of the amount under his annual levy of all the taxes paid into the
treasury of such county by insurance companies incorporated by the author-
ity of any other state or government and doing business in any such city, on
the gross receipts of every such insurance company, under and by virtue of
the provisions of section two thousand seven hundred and forty-five of the
Revised Statutes, during the half year preceding such semi-annual settlement,
and the money so paid over to such city treasurer shall be credited as follows:
For the year eighteen hundred and ninety-three the whole thereof to the
police department fund; thereafter, the whole thereof to the police pension
fund until such time as said fund shall have to its credit the full sum of one
hundred thousand dollars; thereafter, two-thirds of said one-half to the police
pension fund and the remaining one-third thereof to the firemen's pension
fund of such cities; and the moneys shall be controlled, administered and
disbursed in accordance with the provisions of the Revised Statutes of Ohio,
governing the mode and manner of distributing the same. [90 L. L. 109, 98.]
Undoubtedly this section is repealed by implication by 2 (1945-2), but not being.
directly repealed, is left in the statutes.
As to taxes on foreign insurance companies in counties containing certain cities, see
? (2030—13).
Same in Lucas county as to Toledo, see 2 (1997—1).
The
(1945-2) [Taxes on foreign insurance companies go to fire de-
partment, police department and sanitary police pension funds.]
county treasurers of counties containing a city of the second grade of the first
class shall semi-annually, at the time of their semi-annual settlement with the
auditors of their respective counties, pay over to the treasurer of such city the
whole amount, under his annual levy, of all the taxes paid into the treasury
of such county by insurance companies incorporated by the authority of any
960
§ 1946.
POLICE BOARDS AND OFFICERS. Tit.XII,Div.5,Ch.5
other state or government and doing business in any such city, on the gross
receipts of every such insurance company, under and by virtue of the provi-
sions of section two thousand seven hundred and forty-five (2745) of the Revised
Statutes, during the half-year preceding such semi-annual settlement, and the
whole of the moneys so paid over to such city treasurer shall be credited as fol-
lows: Sixteen-thirtieths (16-30) to the fire department pension fund; thir-
teen-thirtieths (13-30) to the police department pension fund and one-thirtieth
(1-30) to the sanitary police force pension fund of such cities; and the moneys
so paid over shall be controlled, administered and disbursed in accordance with
the provisions of the Revised Statutes of the state of Ohio, governing the mode
and manner of distributing the same; provided that all moneys now in the
hands of the county treasurers of such counties or the city treasurers of such
cities, arising from all the taxes paid into the treasury of such county by the
insurance companies incorporated by the authority of any other state or govern-
ment, and doing business in any such city on the gross receipts of every such
insurance company, under and by virtue of the provisions of section two
thousand seven hundred and forty-five (2745) of the Revised Statutes, shall be
credited as follows: Two-thirds (2-3) to the fire department pension fund, and
one-third to the police department pension fund. [93 v. 484, 562.]
See note to ? (1945—1).
SEC. 1946. [Member of police force injured, entitled to relief from
said fund.] When a member of the police force has become disabled while
in the active performance of official duty, or has performed faithful service as
a member of such force for a period of not less than fifteen consecutive years.
since May 1, 1866, he may, by order of the director of the police, be retired
from active service and placed upon the pension roll, and, when so retired
shall be paid from the fund provided for in the preceding section, a pension as
follows: Superintendent of police, nine hundred and fifty dollars per year;
deputy superintendent of police, eight hundred and seventy dollars per year;
ach captain and secretary of police, seven hundred and eighty dollars per
year; each lieutenant and detective, seven hundred and twenty dollars per
year; each sergeant and police surgeon, six hundred and sixty dollars per
year, and each patrolman, six hundred dollars per year, to be paid in equal
monthly payments. Provided, that if any member of the force shall object
to being retired on the ground that he is not disabled, but is able to perform
his full official duty, then in such case such member of the force shall select
one physician or surgeon of good repute and standing, who, acting with the
police surgeon, shall select another such physician or surgeon of good repute
and standing, and they three shall examine such member of the force, and
the finding of a majority of such three examiners shall be final as to the ability
or inability, at that time, of the member of the force so examined to perform
his full duty; and if found able he shall be returned to duty. If at any time
there should not be sufficient money to the credit of the police pension fund
to pay all claims against it in full, claims on account of the death of members
of the force, if there be any such, shall be first paid in full and with as little
delay as possible, after which an equal percentage shall be paid upon all other
claims to the full extent of the funds on hand, and shall be accepted as pay-
ment in full by the claimants. No member of the force shall be placed upon
the pension roll unless the police surgeon shall certify in writing that he is
permanently incapacitated, either mentally or physically, from performing his
official duties, nor unless due notice is given him by the director of police
of his intention to retire him. Officers on the retired list shall not be subject
to the orders of the director of police. Should an officer on the retired list be
found guilty of committing a felony, he shall forfeit all further claims upon
the police pension fund. The board of pension trustees shall, within thirty
days after the death of any member of the police force who died either in
active service or while on the pension roll, pay the sum of five hundred dol-
lars to his widow or minor children, or in case there be no widow or minor
961
Tit. XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS.
SS 1947-1951.
children, then to such person or persons as were dependent on the deceased
for support; but if there be no such dependent person, then no money shall be
paid from the fund on account of such deceased member, except a sum not ex-
ceeding one hundred and fifty dollars, to be used to defray the funeral expenses.
Provided, that each member of the force shall pay one per cent. of the amount
he would receive if placed on the pension roll, in equal monthly payments to
the city treasurer into said fund. Any member of the police force who shall
have performed duty for a period of twenty-five consecutive years shall be
retired upon his own application, and shall be awarded and paid an annual
pension as provided in this section. [90 v. 168; 78 v. 224, 225; 73 v. 51.
$12; Rev. Stat. 1880.
As to Toledo, see? (1997-1).
SEC. 1947. [Certain provisions not to apply to special patrolmen.
The provisions of subdivision 2, chapter 5, division 5, title XII of the revised
statutes of Ohio, with respect to the "pension fund" shall not apply to special
patrolmen appointed as herein provided at the request and expense of private
parties. [1881, April 19: 78 v. 224, 226; Rev. Stat. 1880; 73 v. 51, § 12.
As to Toledo, see ? (1997—1).
SEC. 1948. [Police precincts and stations.] The board of police, for
more effectually distributing and enforcing its police government and discipline,
shall divide the city into precincts, without regard to ward boundaries, and
assign lieutenants and sergeants of police to each of the precincts, as they
deem for the best interests of such city; and may, from time to time, establish
a station, or sub-station, in each precinct or division for the accommodation of
the police force on duty therein. [73 v. 51, § 13.]
As to police stations for women and children in Cleveland and other cities, and police
matrons therefor, see ? (2090—1) et seq.
SEC. 1949. [Board to promulgate orders, etc., through superintend-
ent.] The board shall promulgate all regulations and orders through the
superintendent of police; and it shall be the duty of the police force to respect
and obey the superintendent, subject to the rules and regulations of the board.
[73 v. 51, § 13.]
SEC. 1950. [Special police from other departments of corporation to
be appointed.] The board of police is hereby authorized to appoint persons
of suitable character, who may be in the employment of the city in other
branches or departments, special policemen or patrolmen; but such special
policemen shall not be paid for their services as policemen from the police fund
or the city or county treasury; and such special policemen shall possess the
same power as the regular police patrolmen, and shall obey the rules and
regulations of the board, and conform to its general discipline. [73 v. 51, § 14.]
See ? 2022.
SEC. 1951. [Patrolmen for special duties; how appointed; powers,
privileges and duties; deposit and bond; previous dismissal bar to ap-
pointment; removals.] The director of police, whenever he sees fit, may, on:
the application of any person who shows the necessity thereof, or on the appli-
cation of any special police company incorporated under the laws of the state
of Ohio for the purpose of doing night and day watching and special police
service, appoint any number of additional patrolmen to do duty at any place
within the city, at the charge and expense of the person by whom the applica-
tion is made, and the patrolman so appointed after being sworn shall be sub-
ject to the orders of the director of police, and shall obey the rules and regu-
lations of said director, and conform to his general discipline, and to such
other special regulations as may be made, and such special police so appointed
by the said director shall wear such dress or emblem as the director of police
may direct, except that such uniforms or emblems shall not be the same as
worn or adopted by the regular police. During the time of their holding such
62
962
•
SS 1952-1954.
POLICE BOARDS AND OFFICERS. Tit. XII,Div.5,Ch.5.
appointment they shall possess all the powers and privileges and perform all
the duties of the regular police force herein prescribed; provided, that the party
so appointed shall first pay into the trust fund hereinbefore provided for the
sum of ten dollars for each special patrol man thus appointed, and they shall
give a bond in the same manner as the regular patrolmen in the sum of five
hundred dollars for each special patrolman thus appointed. The director of
police shall not appoint any person as special policeman who has been dis-
missed from the fire or police department or any incorporated special police
company for a period of one year from time of said dismissal. The director
of police shall not grant a commission to any person to perform special police
duty in more than one place, such as a hall, garden, theatre or any other place
of amusement, or night-watching beat, unless said special policeman be the
regularly detailed patrolman or officer in the actual service of a special police
company incorporated under the laws of the state of Ohio, and provided fur-
ther, that the person so appointed may be removed at any time by the director
of police without assigning cause therefor, and the director of police shall re-
voke the commission of any special policeman when just complaint is filed
against same, and the person or persons whose commissions are so revoked for
any violations of the above regulations shall not be eligible for reappointment
for a period of one year from the time said commission or commissions are
revoked. [93 v. 149; 90 v. 209; 73 v. 52, § 15.]
See ? 2022.
SEC. 1952. [Notice of withdrawal of member from force.] No mem-
ber of the police force, under penalty of forfeiting the pay which may be due
him, shall withdraw or resign, unless he shall have given two weeks' notice
thereof, in writing, to the superintendent of police; and no person who shall
have been removed for cause from the force, shall be reappointed by the board
of police to any office in the police force, except by the unanimous consent of
the board. [73 v. 52, § 16.]
See ? 2022.
This section recognizes the right to resign at once by forfeiting the pay due: Reiter v. State, 51 O. S. 74, 80.
SEC. 1953. [Stolen property; duty of members of force in regard
thereto; failure to comply: punishment.] All stolen or other property
which comes into the possession of the members of the force, shall be deposited
and kept in a place designated by the board of police; and in case of the neg-
lect or refusal of any officer to so deposit the property taken or found in the
possession of any person arrested, within five days after the same comes into
his possession, he shall be deemed guilty of a misdemeanor, and subject to
indictment or information, and be fined in a sum not exceeding three thousand
dollars, and in no case less than the value of the property, or be imprisoned
in the county jail not exceeding one month; and the sentence of the court in
such cases shall operate to vacate the office of the person so convicted. [74 v.
136, § 17.]
See ? 2022.
Applied to Hamilton, see? (1545 324).
SEC. 1954. [Stolen property; record and disposition of.] Every such
article of property shall be entered in a book kept for that purpose by the sec-
retary of the board, together with the name of the owner, if ascertained, and
the name of the place where found, and of the person from whom taken, with
the general circumstances and the date of its receipt, and the name of the
officer recording the same; an inventory of all money or other property shall
be given to the party from whom the same was taken; and if the property be
not, within thirty days after such arrest and seizure, claimed by another per-
son, it shall, unless otherwise ordered by the board, be delivered to the person
from whom the same was taken, and to no other person, except by special order
of the board. [74 v. 137, § 17.]
See ? 2022.
Applied to Hamilton, see ?(1545—324).
963
Tit. XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS.
SS 1955-1959.
SEC. 1955. [Stolen property retained, when required as evidence.]
In case such money or property be claimed within thirty days by any other
person, it shall be retained by such custodian until after the discharge or con-
viction of the person from whom the same was taken, and so long as the same
may be required as evidence in any case in court; and if such claimant estab-
lish, to the satisfaction of the police judge, that he is the rightful owner, the
same shall be restored to him, otherwise it shall be returned to the accused;
and all property or moneys that remain in possession of the board of police
commissioners for a period of ninety days or more, without being claimed by
any owner, shall be sold under the order and direction of the board of police
at public sale, and the proceeds of such sale shall go to the credit of the police
life and health insurance fund; and in all cases where perishable property
comes into the custody of the board of police, the same may be sold at any
time the board shall order. [74 v. 137, § 17.]
See ? 2022.
Applied to Hamilton, see ? (1545—324).
SEC. 1956. [Books of registry of lost property, etc., to be kept.]
The board shall cause to be kept books for the registry of lost, missing, or
stolen property, for the general convenience of the public, and of the police
force of the city; and also books of record, wherein shall be entered the name
of every member of the police force, the place of his nativity, the time when
and place where he became a citizen (if born out of the United States), his age,
his former occupation, number of family, and the residence thereof, the date of
appointment or dismissal from office, with the cause of the latter; and in
every such record sufficient space shall be left against all such entries to make
a record of the number of arrests made by such members of the police force,
or of any special services deemed meritorious by the captains of police. [74 v.
137, § 17.]
See ? 2022.
Applied to Hamilton, see ? (1545-324).
SEC. 1957. [Record of accounts and proceedings of board to be
kept.] The board shall cause to be kept in proper books, the accounts of the
board, and a record of their proceedings; and they shall preserve and file copies
of all bills audited and allowed, and keep an accurate account of all the
expenses of the police department, and cause to be kept and bound all police
returns and reports. [74 v. 137, § 17.]
See ? 2022.
Applied to Hamilton, see (1545-324).
The board
SEC. 1958. [Station-houses for temporary detention.]
shall provide, when required, at the expense of the city, all necessary accommo-
dations, within such precincts as shall be contained within the boundaries of
the city, for the station-houses required by the board of police, for the accom-
modation of the police force of such precinct, for the lodging of vagrant or dis-
orderly persons, and for the temporary detention of persons arrested for offenses
or held as witnesses; and the board shall furnish such buildings suitably, and
warm and light the same by day and night. [74 v. 138, § 18.]
See ¿ 2022.
As to police stations for women and and children and matrons therefor, see ? (2090—1)'
et seq.
SEC. 1959. [Purchases of lands and other expenses: how paid;
limitation of expenses.] The power of purchasing lands for police purposes,
and the supervision and control of the erection, alteration, or repair of such
station-houses or buildings, shall be solely vested in the board of police com-
missioners, and all expenses incurred for the above purpose shall be paid out
of the police court funds of such city, after the same shall have been approved
by the board of police, and duly certified to the city auditor, who shall place
964
§§ 1960-1965.
POLICE BOARDS AND OFFICERS. Tit.XII,Div.5,Ch.5.
the same in the next ordinance for the payment of claims; provided, that for
all contracts exceeding five hundred dollars in amount, payable out of the
police court fund, the approval of the city council shall first be obtained; and
provided further, that no greater amount shall be expended for the purposes
aforesaid by the board in any one year than an amount equal to the sum paid
into the fund, after the payment of the salaries of the police judge, prosecuting
attorney of police court, police clerk, and deputy police clerks of the city,
unless such expenses shall previously have been authorized by the city council,
and provision made for its payment. [74 v. 138, § 18.]
The mayor has a veto over the board's expenditures, see? (1666—2).
SEC. 1960. [Proposals to be advertised for; member not to be in-
terested in contract.] At least ten days' notice shall be given in some news-
paper of general circulation in such city, of the reception of proposals for the
performance of any contract exceeding five hundred dollars in amount; and
such contract shall be awarded to the lowest and best bidder, who shall furnish
satisfactory security for the performance of the same; and all contracts for the
purposes aforesaid, exceeding five hundred dollars in amount, shall be subject
to the approval of the city council; and no commissioner, officer of the board,
or employee of the department, shall be interested in any contract connected
with the police department. [74 v. 138, § 18.]
SEC. 1961. [Officer making arrest to make return of same.] In
every case of arrest the same shall be made known to the captain or lieutenant
upon duty in the precinct wherein such arrest was made, by the person mak-
ing the same, and the captain or lieutenant, as soon as practicable thereafter,
shall make written return thereof, according to the rules and regulations of the
board of police, together with the names of the parties arrested, the offense, the
place of arrest, and the place of detention. [74 v. 138, § 18.]
See ? 2022.
SEC 1962. [Arrested person; detention; trial.] All persons arrested
by the officers or members of the police force shall be detained, while in their cus-
tody, only in places provided for that purpose, and no trial or examination of
any person arrested shall be held in the office of the superintendent of the police,
or of the board, but the person so arrested shall be examined in the police court
of such city, duly in session, before the police judge, or in the absence of the
judge, before the person acting in such capacity. [74 v. 139, § 18.]
See ¿ 2022.
SEC. 1963. [Clothing of prisoner; disposition of.] Necessary and
usal articles of clothing or personal apparel upon the person or in possession
of persons arrested and detained, shall not be taken or seized by the police,
unless there is reason to suspect that the clothing has been stolen or obtained
unlawfully. [74 v. 139, § 18.]
See ? 2022.
Applied to Hamilton, see ? (1545-324).
C. 1964. [Detention of witnesses.] The board of police shall pro
vide suitable accommodations within the city for the detention of witnesses
who are unable to furnish security for their appearance in criminal proceed-
ings, and such accommodations shall be in apartments other than those
employed for the confinement of persons charged with crime, fraud, or disor-
derly conduct; and it shall be the duty of the police judge, in committing
witnesses, to have regard to the rules and regulations of the board of police in
respect to their detention. [74 v. 139, § 18.]
See ? 2022.
Applied to Hamilton, see (1545-324).
•
SEC. 1965. [Bail by person arrested.] Every person arrested by the
police, charged with the violation of any city ordinance, may give special bail
965
Tit. XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS.
SS 1966-1973.
for his appearance to answer such charge; and the officer in charge of the
precinct where such arrest is made is authorized to accept such bail, and
examine such person under oath, touching his property qualifications, as to
the sufficiency thereof, which oath such officer is authorized to administer; but
no member of the police force shall become or furnish bạil for any person
arrested. [74 v. 139, § 18.]
See ? 2022.
SEC. 1966. [Police a city charge.] The necessary expenses for the
maintenance of the police department hereby created shall be a city charge.
[73 v. 55, § 19.]
See & 2022.
SEC. 1967. [Levy for support of police.] The board shall prepare, and
submit to the city auditor, on or before the first day of May in each year, an
estimate of the cost and expense of providing for and maintaining the police
department of the city within the current fiscal year, which estimate shall be
in detail, and shall be laid by the city auditor before the city council for
approval, and the council shall provide for the same in the general tax assess-
ment; and the money, when collected, shall be paid into the city treasury,
styled the "metropolitan police fund," and shall be drawn therefrom for police
purposes only, under the fiscal regulations established by this subdivision.
[73 v. 55, § 20.]
See ? 2022.
SEC. 1968. [Moneys paid from police fund to be certified.] Moneys
hereafter to be paid to any person out of the police fund shall be certified by
the president, or acting president of the board, and the secretary, to the city
auditor, who shall place the same in the next ordinance for the payment of
claims; and the same shall be paid by the city treasurer, on the order of the
city auditor, in the manner provided for the payment of other claims. [73 v.
55, § 21.]
See ? 2022.
SEC. 1969. [Limitation of expenses.] No expenses other than for the
salaries and pay herein provided for shall be incurred by the board of police,
except for rent, record books, stationery, printing, telegraphing, badges, clubs,
furniture for necessary rooms and stations, advertising, fuel and lights, and
food for prisoners, unless the same is expressly authorized, and provision
therefor made, as a city charge, by the city council, or a committee thereof.
[73 v. 55, § 22.]
SEC. 1970. [Books and accounts of board to be open to inspection of
council.] The books and accounts kept by the board shall at all times be sub-
ject to the inspection of the city council, and the council may at any time
require information respecting the same, the disclosure of which will not
impair the usefulness and efficiency of the police department. [73 v. 55, § 22.]
SEC. 1971. [Power of commissioners, etc., to administer oaths.]
Each commissioner of police, the superintendent of police, and the secretary of
the board of police, may administer oaths to witnesses in any matter or pro-
ceeding herein authorized, and take depositions or affidavits which may be
necessary under the rules and regulations of the board. [73 v. 55, § 23.]
See ? 2022.
SEC. 1972. [Power to compel the attendance of witnesses.] The pro-
visions of law in respect to attachment of witnesses before the police court and
justices of the peace, and the compulsory attendance of such witnesses, to
appear and testify before them, are hereby made applicable to the board of
police. [73 v. 55, § 23.]
See ? 2022.
SEC. 1973. [Bond and oath of members of force.] The board of
police shall require, and make suitable provisions respecting, security to be
966
SS 1974-1981.
POLICE BOARDS AND OFFICERS. Tit.XII,Div.5,Ch.5.
entered into by the members of the police force, for the taking by such mem-
bers of an oath of office, and the registry of the certificate of the same in a book,
to be kept for that purpose by the board, which oath of office may be taken
before any commissioner of police, or secretary of the board, who are hereby
authorized to administer such oaths. [73 v. 56, § 24.]
See ? 2022.
SEC. 1974. [Superintendent to make monthly reports.] The super-
intendent of police shall make to the board monthly reports, in writing, of the
state of the police force, with such statistics and suggestions as he may deem
advisable for the enforcement of the police government and discipline; and
the board shall, on or before the first Monday in April in each year, report in
writing the condition of the force, to the city council. [73 v. 56, § 25.]
SEC. 1975. [Exemption from jury duty.] No person holding office
under this subdivision shall be subject to jury duty, or to arrest on civil proc-
ess, while actually on duty. [73 v. 56, § 26.]
See & 2022.
SEC. 1976. [Commissioners may be removed.] Either of the com-
missioners of police may at any time be removed by the city council upon good
cause being shown, three-fourths of all the members concurring; and where
charges are made against a commissioner, he shall have an opportunity to
present evidence and be heard in his behalf. [73 v. 56, § 28.]
See ? 2022.
Cited in dissenting opinion in State ex rel. v. Hawkins, 44 O. S. 132.
SEC. 1977. [Member not to hold any other elective office.] Any com-
missioner, or any member of the police force, who, during his term of office,
accepts or holds any office elective by the people, shall be deemed thereby to
have resigned and to have vacated his office as such commissioner or member.
[73 v. 56, § 59.]
SEC. 1978. [Council to raise money by taxation.] The council of such
city is hereby directed to order and cause to be collected and raised annually,
by a tax upon the property, real and personal, subject to taxation according to
law within the city, the sums of money aforesaid, annually estimated for the
total expense of the metropolitan police authorized by this subdivision. [73 v.
56, § 30.]
SEC. 1979. [Misdemeanor to use violence upon police, or falsely
assume to be member of force.] It shall be a misdemeanor punishable by a
fine not exceeding one hundred dollars or imprisonment in the work-house or
county jail not less than one month nor more than three months, or both fine
and imprisonment, for any person, without justifiable or excusable cause, to
use personal violence upon any member of the police force, when in the dis-
charge of his duty, or for any person not a member of the force to falsely repre-
sent himself as being such member. [1883, April 18: 80 v. 172; Rev. Stat. 1880;
73 v. 57, § 31.]
See 26908.
SEC. 1980. [Police not to enter drinking saloons, etc.] No police-
man or officer of police shall, while on duty, be at liberty to enter any drink-
ing or gaming saloon, or other place where liquors are sold or drank on the
or of except for the purpose of discharging some
[73 v. 57, §
duty of his office. Ostitutio
See & 2022.
Applied to Hamilton, see ? (1545—324).
SEC. 1981. [Police officer may search house, etc., on suspicion.] The
superintendent, deputy superintendent, or a captain of police, having just
cause to suspect that a felony is being, or is about to be, committed within any
967
Tit.XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS.
SS 1982-1986.
building, public or private, or on any wharf or inclosure, or on board of any
ship, boat, or vessel within the city, may enter the same at any hour of the day
or night, use necessary measures for the effectual prevention or detection of
felonies, take into custody all persons suspected of being concerned in such
felonies, and take charge of all property which he or they shall have cause to
suspect has been stolen. [73 v. 57, §34.]
See § 2022.
Applied to Hamilton, see (1545—324).
SEC. 1982. [Members of force to serve process.] The members of the
force shall serve or execute any criminal process issued by the police court of
such city. [73 v. 57, § 34.]
SEC. 1983. [Rules and regulations to remain in force until abolished.]
The rules and regulations for the government of the police in cities of the
second grade of the first class, shall remain in force until altered or changed
under this subdivision. [73 v. 57, § 35.]
SUBDIVISION III. IN CITIES OF THE THIRD GRADE OF THE FIRST CLASS.
Police pension fund in Toledo; taxes on foreign insurance companies in Lucas county,
what proportion to go to, see ? (1997-1).
SEC. 1984. [Police powers and duties in city of third grade, first
class (Toledo), to be vested in mayor and four commissioners.] All police.
powers and duties connected with, and incident to the appointment, regulation
and government of a police force in cities of the third grade of the first-class,
shall be vested in, and exercised by a board composed of the mayor of such
city, and four commissioners. [1881, April 8: 78 v. 117; Rev. Stat. 1880; 65 v.
151, §1; (S. & S. 808).]
See reference under 2 1655.
Section 3 of the act of 1881, April 8 (78 v. 117), which amends sections 1984, 1985, 1986, 1990, 1991, 1992, 1997,
and 2141, as amended February 27, 1880 (77 v. 33), and March 29, 1880 (77 v. 89), and which repeals 23 1987 and
1988, reads as follows:
SEC. 3. [Provision as to present force.] Be it further enacted that nothing herein contained shall be con-
strued to affect the terms of any officers appointed under or by virtue of the sections of the revised statutes
hereby repealed, except that in cities of the third grade of the first-class,"such officers shall hold their offices
only until the organization of the board of police commissioners and the appointment by them of the health
officers of cities as herein provided; provided further, that in cities of the third grade of the first-class, the
police commissioners now holding office under subdivision three (III), chapter five, division five, title twelve,
of the revised statutes, relating to police boards and officers, shall continue to discharge the duties of the office
until the organization of the board of police commissioners to be elected at the ensuing municipal election,
and no longer; at which time all books, papers and appurtenances of the police department, in the hands and
under the control of such police commissioners, or any of them, shall be placed at the disposal of the police
commissioners elected at such election; but nothing in this act shall be held in any way to affect or change
the term or tenure of office of any member of the police force.'
SEC. 1985. [How such commissioners to be appointed and elected; va-
cancies. The respective terms of office of such commissioners, except the mayor,
shall be four years, and the first members of said board shall immediately after
the passage of this act be appointed by the governor, no more than two of
whom shall belong to the same political party, one of whom shall be appointed
for the term of one year, one for two years, one for three years, and one for four
years, and annually thereafter, one commissioner shall be elected at the annual
municipal election; and any vacancy in the board, caused by death, removal,.
resignation or other cause, shall be filled, until the next regular municipal elec-
tion, by the council of the city, at which election a commissioner shall be elected
for the unexpired term, to fill such vacancy, and each commissioner shall be a
resident of, and an elector in such city. [1881, April 8: 78 v. 117; Rev. Stat.
1880; 65 v.151, § 1; (S. & S. 808).]
In view of the general provisions of the act of April 8, 1881 (78 v. 117), the clause," to be elected at the
ensuing municipal election, and no longer," does not authorize those holding office under the former statute
to continue in office after the organization of the board of police commissioners; created under the act:
State ex rel. v. Bailey et al., 37 O. S. 98.
SEC. 1986. [Secretary of board, his salary, duties, etc.] The board
shall appoint some suitable person to act as a secretary of said board, and who
shall be secretary to the captain as acting superintendent of police; said secre-
tary shall receive such annual salary, not exceeding one thousand dollars, as
968
SS 1986a-1991.
POLICE BOARDS AND OFFICERS. Tit.XII,Div.5,Ch.5.
the board may determine, perform such duties as are herein provided, and may
be provided by the board of commissioners, and hold his office until removed
by a majority of all the members of the board, and shall give such bond for
the faithful performance of his duties as said board require. [1881, April 8:
78 v. 117; Rev. Stat. 1880; 65 v. 152, § 1; (S. & S. 809).]
SEC. 1986a. [Health officer to examine applicants for position on
police force.] In cities of the third grade of the first class, the health officer
appointed shall be a physician of reputable standing, and he shall have his
office in the city prison, or police building, and as a part of his duty shall make
all examinations of applicants for place on the police force, and be the attend-
ing physician at said city prison, and of the persons confined therein; and
upon such appointment of health officer being made, all papers, books and
appurtenances of the board of health of such cities shall be transferred, and be
placed at the disposal of the board of police commissioners. [1881, April 8:
78 v. 117.]
SEC. 1987. [Repealed 1881, April 8: 78 v. 117. Former Statutes: Rev.
Stat. 1880; 65 v. 152, §§ 1, 4.]
SEC. 1988. [Repealed 1881, April 8: 78 v. 117. Former Statutes: Rev.
Stat. 1880; 65 v. 152, §§ 1, 4.]
SEC. 1989. [President of board; oath of members.] The mayor shall
act as president of the board, and a majority of the members shall constitute a
quorum for the transaction of business; and before entering upon the duties
of his office, each member shall take and subscribe the oath of office prescribed
in division three of this title. [65 v. 152, §5; S. & S. 809.]
SEC. 1990. [Superintendent of police and other officers, how appointed;
their salaries, etc.; detectives or secret police.] The police board shall
appoint one captain of police, who shall be also acting superintendent, whose
salary shall be fixed by the police board, but shall not exceed fifteen hundred
dollars per annum, not less than four hundred dollars of which shall be paid by
the county in which such city is situated; one lieutenant of police, whose
salary shall not exceed one thousand dollars per annum, one sergeant of police
for every twelve patrolmen, or fractions of twelve greater than four (4), whose
salary shall not exceed nine hundred dollars per annum; said sergeants shall
be designated by said board as 1st, 2d, and so on, and shall rank accordingly;
such number of patrolmen as the board may think expedient, but not exceed-
ing one for each one thousand inhabitants, the salary not to exceed eight hun-
dred dollars per annum (and all of the above salaries to be determined by the
police board); detectives, or secret police not exceeding three in number, one of
whom shall be detailed by said board as chief detective, each of whose salary
shall not exceed nine hundred dollars per annum; all of which salaries and all
other salaries of members of the police department shall be fixed by the police
board, and shall be paid monthly, but the members of the police board shall
receive no compensation for their services. [1881, April 8: 78 v. 117, 118; Rev.
Stat. 1880; 65 v. 152, § 6; (S. & S. 809).]
SEC. 1991. [Board may increase number of patrolmen; board to
report such increase to council.] The number of patrolmen may be increased
by the police board, with the consent of two-thirds of all the members of the
common council; and in case of emergency, the police board may appoint
special patrolmen, but shall, in such case, report to the council of such city at
its next meeting, the names and number of such special patrolmen, the occa-
sion of their appointments as such, the length of time for which such appoint-
ments are made, and unless the said council approve of such appointments, the
same shall then cease and terminate, if not already terminated by time of
appointment or action of the police board; payment shall be made for services.
as special patrolmen until the services are terminated as above set forth. [1881,
April 8: 78 v. 117, 118; Rev. Stat. 1880; 65 v. 152, § 6; (S. & S. 809).]
969
Tit. XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS.
§§ 1992-1997.
SEC. 1992. [Board may suspend members of police force.] The police
board may, for cause, and on notice according to the rules of the board, remove
or suspend from office, or for any definite time deprive from pay, any member
of such police force; and it may at any time by a vote of two-thirds of the
members of the board, suspend or remove any officer or member of the police
force, without assigning any reason therefor; it may make rules and regulations
for the government and discipline of the force, and cause the same to be pub-
lished; and may make and promulgate general and special orders to the force,
through the acting superintendent of police. [1881, April 8: 78 v. 117, 118;
Rev. Stat. 1880; 65 v. 153, §7; (S. & S. 810).]
Gives no power to fine a policeman, but if he pays voluntarily he cannot recover back: Kinney v. Toledo,
3 0. D. 6; 1 N. P. 374.
SEC. 1993. [Member of force receiving gift, etc., to be removed.]
Whenever it appears to the satisfaction of the board that any member or officer
of the police force has received corruptly any sum of money, gift, fee, or
reward, or has used his office for purposes of extortion or oppression, the board
shall at once dismiss the person so offending from the force; and the salary of
any officer or member of the police force shall cease from the time of his sus-
pension or dismissal. [65 v. 153, § 7; S. & S. 810.]
SEC. 1994. [Ineligibility to other offices.] A member of the police
board, or an officer or member of the police force, who holds or accepts any
other office elective by the people, shall be deemed thereby to have resigned his
office of member of the police board, or as member of the police force, and such
vacancy so created shall be filled in the same manner as it is provided other
vacancies shall be filled. [65 v. 153, § 8; S. & S. 810.]
SEC. 1995. [Removals of members of board by council.] The coun-
cil shall have power to remove from office any member of the police board,
three-fourths of such council concurring therein; but no member of the police
board shall be removed from office except upon charges made in writing, and
after opportunity given to be heard in his defense. [65 v. 153, § 8; S. & S. 810.]
SEC. 1996. [Reports, statistics, etc.] The acting superintendent of
police shall make to the secretary of the board daily reports of such facts as
come to his knowledge; the secretary shall make to the board monthly reports,
in writing, of the state of the police force, with such statistics and suggestions
as he may deem advisable for the enforcement of the police government and
discipline; and the board of police shall, on or before the first Monday in
March in each year, report in writing the condition of the police within the city
to the council. [65 v. 154 (153), & 11; S. & S. 810.]
SEC. 1997. [Certain sections relating to cities of second gracio
made applicable to cities of third grade and first-class.] Sections_v
thousand nine hundrea and thirty-two, one thousand nine hundred and thirty-three,
one thousand nine hundred and thirty-four, one thousand nine hundred and thirty-
five, one thousand nine hundred and thirty-six, one thousand nine hundred and
thirty-seven, one thousand nine hundred and forty-two, one thousand nine hundred
and forty-three, one thousand nine hundred and forty-four, one thousand nine hundred
and forty-five, one thousand nine hundred and forty-six, one thousand nine hundred
and forty-seven, one thousand nine hundred and forty-eight, one thousand nine hun-
dred and forty-nine, one thousand nine hundred and fifty, one thousand nine hundred
and fifty-one, one thousand nine hundred and fifty-two, one thousand nine hundred
and fifty-three, one thousand nine hundred and fifty-four, one thousand nine hundred
and fifty-five, one thousand nine hundred and fifty-six, one thousand nine hundred and
fifty-seven, one thousand nine hundred and fifty-eight, one thousand nine hundred and
sixty-seven, one thousand nine hundred and sixty-eight, one thousand nine hundred and
sixty-nine, one thousand nine hundred and seventy, one thousand nine hundred and
seventy-one, one thousand nine hundred and seventy-two, one thousand nine hundred and
seventy-three, one thousand nine hundred and eighty, one thousand nine hundred and
eighty-one, and one thousand nine hundred and eighty-two, relating to cities of the
970
§ (1997—1).
POLICE BOARDS AND OFFICERS. Tit. XII,Div.5,Ch.5.
second grade of the first class, are hereby made applicable to cities of the third
grade of the first class, as though they were repeated in subdivision three (III),
chapter five, division five, title twelve of the revised statutes of Ohio. [1881,
April 8: 78 v. 117, 118; Rev. Stat. 1880; 65 v. 151, §9, 10: (S. & S. 810).]
The act of April 8, 1881 (78 v. 117), did not authorize the police commissioners of Toledo, holding office
under the former statute, to continue in office after the organization of the board of police commissioner
crea under the act: State v. Bailey, 37 O. S. 98.
(1997-1) SEC. 1. [Police pension fund; distribution of fund.] The
county treasurers of counties containing a city of the third grade of the first
class, shall, semi-annually, at the time of their semi-annual settlement with
the auditors of their respective counties, pay over to the treasurers of such
cities one-half the amount to which such cities are entitled, under their annual
levy to receive, of all the taxes paid into the treasuries of their respective
counties by foreign insurance companies on their gross receipts, under the
provisions of section 2745 of the Revised Statutes, during the half year pre-
ceding such semi-annual settlement; and the money so paid over to the city
treasuries shall be credited to the police pension fund of such cities, and shall
be controlled, administered and disbursed in accordance with the provisions of
sections 1945, 1946 and 1947 of the Revised Statutes, as passed April 15, 1889,
April 12, 1893, and April 19, 1881, respectively. [93 v. 16.]
SUBDIVISION IV. COLUMBUS POLIICE.
This subdivision is preserved in part by ? (1545—139).
This act, which in terms applies also to Dayton, is changed as to Dayton, see (2022-1`
et seq., and especially? (2022-35); and in Columbus all powers under this act are vested
in the director of public safety by (1545-139).
SEC. 1998(1). [Police powers and duties vested in board in Columbus
and Dayton.] In cities of the first and second grades of the second class all
powers and duties with respect to the appointment, regulation, government,
and control of the police, shall, as now, be vested in and exercised by a board
consisting of the mayor, who shall be president, and four commissioners, who
shall be electors and freeholders of the city, and a majority shall constitute a
quorum. [69 v. 28, §§ 1, 3; 70 v. 84, § 1; 71 v. 63, § 1.]
Section 1998(1) is that of the Revised Statutes of 1880. In 1884, April 9 (81 v. 121), this section was
repealed and amended to read as in ? 1998(2). In 1885, February 27 (82 v. 54, 58), 2 1998(2) was repealed and
amended to read as in 2 1998(3). The decisions of the supreme court of Ohio in State ex rel. v. Constantine,
42 O. S. 437, and State v. Pugh, 43 O. S. 98, leave in doubt the question as to which 2 1998, if any, is still in
force.
For the appointment, by the adjutant-general of the state, of policemen and visitors'
ttendant for the state house at Columbus (81 v. 13), see (106—1) et seq.
تف
SEC. 1998(2). [Control of police: in whom vested in certain cities;
police commissioners, how elected; proviso.] In cities of the first and second
grades of the second class, and in cities of the third grade of the second class
having a population of nineteen thousand, and not exceeding twenty thou-
sand, and in cities having a population of twenty thousand and not exceeding
thirty thousand five hundred, by the last federal census, and that have not
been advanced to a city of the second grade, second class, all powers and duties
with respect to the appointment, regulation, government and control of the
police shall be vested in and exercised by a board consisting of a mayor, who
shall be president, and four commissioners, who shall be electors and freehold-
ers of the city, and a majority shall constitute a quorum, and in cities of the
third grade of the second class, having a population of nineteen thousand and
not exceeding twenty thousand, and in cities having a population of twenty
thousand and not exceeding thirty thousand five hundred, by the last federai
census, and that have not been advanced to a city of the second grade, second
class, said commissioners shall be elected by the people to serve for the term of
two years, and until their successors are duly elected and qualified; the first
election to be held within twenty days after the passage of this act; and there-
after said commissioners shall be elected at the annual municipal election, but
no elector shall at any election vote for more than two persons for such com-
missioners, and any ballot containing the names of more than two persons for
971
Tit. XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS. $$ 1998 (3)-2002.
said office shall not be counted for any of the names thereon, and the four per-
sons receiving the highest number of votes cast shall be declared elected; pro-
vided, that in the case of said last named cities, the provisions of section nine-
teen hundred and ninety-nine of said revised statutes which relates to the term of
office of said commissioners shall not apply, and all vacancies occurring during
the term of said commissioners shall be filled as provided by said section nine-,
teen hundred and ninety-nine; but in making such appointments the political
complexion of the board shall not be changed, and in case any cities of the
third grade of the second class, having a population of nineteen thousand and
not exceeding twenty thousand, and any city having a population of twenty
thousand and not exceeding thirty thousand five hundred by the last federal
census, and that have not been advanced to a city of the second grade, second
class, shall be changed in grade or class, the police board hereby provided for
such cities and its powers and duties shall not be affected by such change.
Provided, that in said last named cities the present police force shall continue
in office only until a police force is appointed by said board and duly qualified.
[1884, April 9: 81 v. 121.]
See note to ? 1998 (1).
Repealed as to Hamilton, see ? (2022-65).
SEC. 1998(3). [Board of police commissioners in Dayton. 1885, Febru-
ary 27: 82 v. 58. Repealed, see §(2022-35); for substitute see § (2022-1).]
See note to ?? 1998 (1) and 1998 (2).
SEC. 1999. [Term of office; vacancies.] Each commissioner shall
serve until the expiration of his regular term, unless a vacancy sooner occurs;
and at the expiration of the regular term of a commissioner, a successor shall be
elected, at the regular municipal election, for the term of four years; but if a
vacancy, arising from any other cause than the expiration of the regular term,
occurs in the office of any commissioner, it shall be filled by the remaining
members of the board, who shall appoint some person of like qualifications to
serve until the next annual municipal election, when a successor shall be
elected for the unexpired term, if any remains. [69 v. 28, §3.]
Repealed as to Hamilton, see ? (2022-65).
SEC. 2000. [Oath of office.] The persons elected commissioners of
police by virtue of this subdivision, shall, before exercising the duties thereof,,
take the oath of office prescribed in division three of this title. [69 v. 29, §4.]
Repealed as to Hamilton, see ? (2022—65).
SEC. 2001. [Appointment of superintendent and other officers.]
The board of police shall have power to appoint a superintendent of the police
force, a captain of police, and an additional captain for each fifty patrolmen
more than the first fifty that may be called into service, a sergeant of police for
each twelve patrolmen, a roundsman of police for each police precinct; and
also regular or compensated patrolmen, not exceeding one to each seven hun-
dred and fifty inhabitants, as shown by the last federal census; but the num-
ber of patrolmen may be increased with the consent of the council; and the
board shall have the power, in cases of emergency, to appoint as many special
patrolmen as it may think proper, which appointment shall be reported to
and be subject to the action of the council at its next meeting. [69 v. 29, §5;
(S. & S. 812).]
Repealed as to Hamilton, see ? (2022-—65).
SEC. 2002. [Detectives; vacancies in force.] The board may, from the
patrolmen, appoint detectives, not exceeding six in number, who shall act as
secret police or detectives; and when from any cause a vacancy occurs in the
number so first appointed, the board may appoint to the vacancy the patrol-
man which the record, required to be kept as hereinafter provided, shows to be
most meritorious. [69 v. 29, § 5.]
Repealed as to Hamilton, see § (2022—65).
972
§§ 2003-2008.
POLICE BOARDS AND OFFICERS. Tit. XII,Div.5,Ch.5.
SEC. 2003. [Secretary of board: his salary, duties, etc.] The board
shall appoint some suitable person, an elector of the city, to act as secretary,
who shall receive such annual salary as may be fixed by the board, perform
such duties as are hereinafter provided, and hold his office at the pleasure of
the board. [65 v. 45, § 6; S. & S. 812.]
Repealed as to Hamilton, see ? (2022—65).
SEC. 2004. [Rules and regulations.] The qualifications, enumer-
ation, and distribution of duties, mode of trial, and removal from office of
each member of the police force, shall be particularly defined and prescribed by
rules and regulations of the board of police; and no person shall be appointed
to, or hold office in, the police force aforesaid who is not a citizen of the United
States and a resident of the city; and no officer or patrolman shall be removed
therefrom, except on written charges preferred against him to the board of
police, and after an opportunity shall have been afforded him of being heard
in his defense; but the board shall have power to suspend any member of the
police department of the city, pending the hearing of the charges preferred
against him. [69 v. 29, §9; (S. & S. 813).]
Repealed as to Hamilton, see (2022-65).
SEC. 2005. [Vacancies in force: how filled.] When any vacancy occurs
in the office of captain of police, the same may be filled by an appointment
from among the persons then in the force as sergeants of police; and a like
vacancy in the office of sergeant of police may be filled by appointment from
among the persons then in office as roundsmen of police; and a like vacancy
in the office of roundsman of police may be filled by appointment from among
the persons then in office as police patrolmen. [69 v. 29, § 9; (S. & S. 813).]
Repealed as to Hamilton, see ? (2022—65).
SEC. 2006. [Salaries.] The superintendent shall receive a salary not
exceeding twenty-five hundred dollars per annum; each captain shall receive a
salary of not exceeding eighteen hundred dollars per annum; each sergeant, a
salary not exceeding fourteen hundred dollars per annum; each detective, a
salary not exceeding fourteen hundred dollars per annum; each roundsman,
a salary not exceeding twelve hundred dollars per annum; the pay of each
patrolman shall not exceed the sum of one thousand dollars per annum.
[69 v. 29, § 9.]
Repealed as to Hamilton, see ? (2022—65).
SEC. 2007. [Fixed by board, and how paid.] The pay, in all cases,
shall be fixed by the board of police commissioners, and the salaries shall be
paid monthly to each person entitled thereto, but the police commissioners
shall receive no compensation for their services. [69 v. 29, § 9.]
Repealed as to Hamilton, see? (2022-65).
(2007—1) SEC. 138a. [Compensation to be fixed by police commis-
sioners.] The pay in all cases shall be fixed by the board of police commis-
sioners, and the salaries shall be paid monthly to each person entitled thereto,
and in cities of the first grade, second class, the police commissioners shall
receive as compensation for their services the sum of three hundred dollars, to
be paid in quarterly instalments. [1889, April 15: 86 v. 350.]
Section 1 of the act of 1889, April 15 (86 v. 350), reads as follows:
SEC. 1.
Be it enacted by the General Assembly of the State of Ohio, That the following shall be supplementary
to section 138 of an act entitled 'an act to amend, revise and consolidate the statutes relating to municipal
corporations, to be known as title XII, part 1, of the act to revise and consolidate the general statutes of Ohio,'
passed May 14, 1878, and to be known as section 138a."
As 2138 of the Municipal Code corresponds to 2007 of the Revised Statutes, this act has been made sup
plemental to the latter section, and given a sectional number (2007—1).
SEC. 2008. [Member not to receive fee, gift, or reward, etc.] No
member of the board of police, or of the police force, shall receive or share in
for his own benefit, under any pretense whatever, any present, fee, gift, or
973
Tit.XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS. §§ 2009–2012(2).
emolument, for police service, other than the regular salary and pay provided
in this subdivision, except by the unanimous consent of the board of police;
nor shall any such member share in or receive any fee, gift, or reward from any
person who may become bail for any arrested, accused, or convicted person, or
who may become surety for any such person on proceedings in error from the
judgment or decision of any court or magistrate, or any fee, gift, or reward, in
any case, from an attorney-at-law who prosecutes or defends a person arrested
or prosecuted for an offense within the county in which such cities may be sit-
uated; nor shall any such member, either directly or indirectly, interest him-
self, or interfere, in any manner whatever, in the employment of an attorney to
aid in the defense of a person arrested or accused; and for a violation of either
of the foregoing provisions, the person so offending shall be immediately
removed from the police force. [69 v. 29, §9; (S. & S. 813).]
See 2 1707a.
Repealed as to Hamilton, see ? (2022—65).
SEC. 2009. [Charges may be preferred against member of force by
citizen.] Any citizen of such city, with a view to the trial and suspension or
removal from office of an officer or patrolman of the police force, may, on oath,
in writing, prefer or make before the board, charges or complaint, touching the
character and competency, or affecting the acts, conduct, or omission of such
officer or patrolman, or for violation of the rules and regulations of the board.
[63 v. 107, § 10; S. & S. 816.]
Repealed as to Hamilton, see ? (2022-65).
SEC. 2010. [Judicial powers and duties of board.] The board, after
reasonable notice, in its discretion, to the person charged, shall proceed to the
trial of the officer or policeman, on such charges or complaint, and shall have
power to and shall issue subpoenas, attested in the name of the president of
the board to compel the attendance of witnesses, to administer oaths and affirma-
tions, and generally shall, for the purposes of such trial, have and exercise the
powers and duties of justices of the peace in civil cases, so far as the same are
applicable, and may make an order of removal or suspension for some certain
period. [63 v. 107, § 10; S. & S. 816.]
See note to 1945.
Repealed as to Hamilton, see ? (2022-65).
SEC. 2011. [Party suspended to pay costs, etc.] If, on such trial, the
charges of complaint are sustained, the officer or policeman shall pay the costs
of such proceedings, and the same may be deducted and withheld from his
pay; and in case of his suspension, his pay shall also cease from the date of
the charges and during the period of suspension. [63 v. 107, § 10; S. & S. 816.]
Repealed as to Hamilton, see ? (2022—65).
SEC. 2012(1). [Costs collected on execution, etc.] In trials under the
three preceding sections, the same costs shall be charged and taxed, as in trials
before justices, and be collected on execution, to be issued by the police clerk of
the city, on certificate of the same by the board, and order for execution, which
costs, when collected, shall be paid to the clerk of the board for the benefit of
those concerned; but the members of the board shall not tax or receive any
fees for themselves. [63 v. 107, § 10; (S. & S. 816).]
Repealed as to Hamilton, see ? (2022—65).
SEC. 2012(2). [Costs in trials: how collected and disposed of.] In trials
under the three preceding sections the same costs shall be charged and taxed
as in trials before justices, and be collected on execution to be issued by the
mayor or police clerk of the city, on certificate of the same by the board, and
order for execution, which costs, when collected, shall be paid to the clerk of
the board for the benefit of those concerned, but the members of the board
shall not tax or receive any fees for themselves. [1884, April 9: 81 v. 121.]
974
§§ 2013 (1) 2014(1). POLICE BOARDS AND OFFICERS. Tit.XII,Div.5,Ch.5.
SEC. 2013(1). [Member of force injured entitled to relief from fund.]
When a member of the police force, in performance and in consequence of the
performance of official duty, becomes bodily disabled, his necessary expenses
during such disability may be paid from the "police life and health insurance
fund," provided for in section nineteen hundred and forty-five, which section is
hereby made applicable to cities of the first and second grades of the second
class, as if the same were here repeated, at the discretion of the board of police;
and the board shall inquire into the circumstances, and if satisfied the charge
upon the fund is correct, may, in writing, order the same to be paid by the
draft of the trustees upon the fund, each trustee subscribing his name thereto;
but the provisions of this section shall not apply to special patrolmen, the
appointment of which is herein provided, at the request and expense of pri-
vate persons. [63 v. 108, § 12; (S. & S. 816).]
Repealed as to Hamilton, see? (2022—65).
SEC. 2013(2). [Members of force injured entitled to relief from fund;
in certain cities; how fund constituted.] When a member of the police force
in performance and in consequence of the performance of official duty, becomes
bodily disabled, his necessary expenses during such disability may be paid from
the "police life and health insurance fund," provided for in section nineteen
hundred and forty-five, which section is hereby made applicable to cities of the
first and second grades of the second class, as if the same were here repeated,
at the discretion of the board of police, and the board shall inquire into the
circumstances, and if satisfied the charge upon the fund is correct, may in
writing order the same to be paid by the draft of the trustees upon the fund,
each trustee subscribing his name thereto; but the provisions of this section
shall not apply to special patrolmen, the appointment of which is herein pro-
vided at the request and expense of private persons, and in all cities of the
third grade, of the second class, having a population of nineteen thousand,
and not exceeding twenty thousand, and in cities having a population of
twenty thousand and not exceeding thirty thousand five hundred, by the last
federal census, and that have not been advanced to a city of the second grade,
second class, said "police life and health insurance fund," shall be constituted
only from rewards, fees, proceeds of gifts and emoluments that may be allowed
by the board of police to be paid or given on account of extraordinary services
of a member of the police force and all unclaimed money, and the proceeds
arising from the sale of unclaimed property, and all fines imposed by the board
of police upon members or officers of the force, for violation of the rules of the
police board, all of which shall be paid into the city treasury for the purpose
of said fund, otherwise said section nineteen hundred and forty-five of the
revised statutes of Ohio shall apply to said last named cities. [1884, April 9:
81 v. 121.]
Repealed as to Hamilton, see ? (2022-65).
1. Sections 2012(1) and 2013(1) are those of the Revised Statutes of 1880. In 1884, April 9 (81 v. 121), these
sections were repealed, and amended respectively to read as in 32 2012(2) and 2013(2). The decision of the
supreme court of Ohio, in State ex rel. v. Constantine, 42 O. S. 437, in regard to the constitutionality of the
act of 1884, April 9 (81 v. 121), leaves in doubt the question whether original 2 2012 and 2013, or 22 2012 and
ended in 81 v. 121, or whether either of them, is in force.
2018
See note to 1945.
DEC. 2014(1). [Police precincts and station-houses to be established.]
It is hereby made the duty of the board of police, where the same has not already
been done, for more effectually distributing and enforcing its police govern-
ment, and discipline, to divide the city into precincts without regard to ward
boundaries; to assign captains of police and sergeants of police to each of the
precincts, as they may deem for the best interest of the city; to establish, from
time to time, a station or sub-station in each precinct or division for the accom-
modation of the police force on duty therein; to promulgate all regulations
and orders through the superintendent of police; and the police force shall
respect and obey the superintendent, subject to the rules and regulations and
general orders of the board. [63 v. 108, § 14; (S. & S. 817).]
Repealed as to Hamilton, see ? (2022—65).
1
975
Tit. XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS.
$ 2014(2).
As to station-houses for detention of women and female children and matrons there-
for, see? (2090—1).
1. Section 2014(1) is that of the Revised Statutes of 1880. In 1884, April 9 (81 v. 121), this section was
repealed and amended to read as in 3 2014(2). The decision of the supreme court of Ohio, in State ex rel. v.
Constantine, 42 O. S. 437, in regard to the constitutionality of the act of 1884, April 9 (81 v. 121), leaves in
doubt the question whether original 2 2014, or 3 2014 as amended in 81 v. 121, or whether either of them, is in
force.
2. See note to 1945.
SEC. 2014(2). [Police precincts and station houses to be established;
non-payment of fines and costs; powers of board as to; powers of board
as to appointments and removals.] It is hereby made the duty of the board
of police where the same has not already been done, for more effectually dis-
tributing and enforcing its police government and discipline, to divide the city
into precincts without regard to ward boundaries; to assign captains of the
police, and sergeants of the police to each of the precincts as they may deem
for the best interest of the city; to establish from time to time a station or
sub-station in each precinct or division for the accommodation of the police
force on duty therein; to promulgate all regulations and orders through the
superintendent of police, and the police force shall respect and obey the super-
intendent, subject to the rules and regulations and general orders of the board.
In cities of the third grade of the second class having a population of nineteen
thousand and not exceeding twenty thousand, and in cities having a popula-
tion of twenty thousand and not exceeding thirty thousand and five hundred
by the last federal census, and that have not been advanced to a city of the
second grade, second class, the board shall not be required to establish a sta-
tion or sub-station in each precinct or division for the accommodation of the
police force on duty therein; but said board may exercise its discretion therein,
and it shall have the power to provide for the appointment, removal and com-
pensation of the necessary employes, superintendents, and other officers for all
station houses and city prisons, and also to provide for control, management,
and maintenance, of said station houses and city prisons under such rules
and regulations as may be prescribed by the board, and all expenses thereby
incurred, shall be payable out of the general expense fund of the city treasury,
except that the compensation for said employes, superintendents and all other
officers for station houses and city prisons, shall be payable out of the police
fund of said city treasury; and it shall have power to provide for keeping at
hard labor, all male persons convicted of violating any of the ordinances of said
city, for the non-payment of any fine or costs imposed by the mayor for such
violation, until such fine and costs are paid by the labor of such person; and
all work done upon the public streets in cleaning and constructing the same or in
the preparation of the material for the same, or in the erection of city buildings,
or in the construction of city public works, or at such other places in or about
said city, as the said board may from time to time order and direct, shall be
performed by such persons at hard labor as far as the same can be done by
them, and each of such persons at hard labor shall be allowed the sum of sev-
enty-five cents per day for each day he shall be actually at work, until the
amount of the fine and costs is thereby fully satisfied, and said costs when so
satisfied, shall be paid to the parties entitled thereto, out of the general expens››
fund of the city treasury; and it shall have power to provide for the appoint
ment, removal and compensation of the necessary superintendents, and other
officers to have the charge of such persons at hard labor, under such rules and
regulations as may be prescribed by the board, and all expenses thereby incurred,
shall be payable out of the general expense fund of the city treasury, and all
payments hereby authorized to be made, are to be paid in the manner prescribed
by section two thousand and seventeen of the revised statutes of Ohio. And it
shall have the power heretofore vested in the city council of such cities to
appoint deputy marshals and to remove any and all deputy marshals at its
pleasure. [1884, April 9: 81 v. 121.]
Repealed as to Hamilton, see ? (2022-65).
976
§§ 2015-2021(1).
POLICE BOARDS AND OFFICERS. Tit.XII.Div.5,Ch.5.
SEC. 2015. [Power of board to suppress nuisances, etc.] The board
of police in cities of the first grade of the second class shall be vested with all
the powers, and perform all the duties connected with and incident to the sup-
pression and removal of nuisances and infectious diseases, and the appoint-
ment of sanitary police, conferred upon boards of health, as provided in chap-
ter one of the sixth division of this title. [74 v. 163, § 1.]
Repealed as to Hamilton, see? (2022-65).
SEC. 2016. [Arrests to be reported.]. Every case of arrest shall be
made known to the captain or sergeant upon duty in the precincts wherein
such arrest was made, by the person making the same, and it shall be the duty
of the said captain or sergeant, as soon as practicable after such notice to make
written return thereof, according to the rules and regulations of the board of
police, together with the name of the party arrested, the offense, the place of
arrest, and the place of detention. [63 v. 110, § 19; S. & S. 818.]
Repealed as to Hamilton, see ? (2022—65).
SEC. 2017. [Police funds, how drawn from treasury.] All moneys
hereafter to be paid to any person out of the police fund shall be certified
by the president or acting president of the board of police to the secretary, who
shall draw his warrant on the treasurer therefor, stating therein the fund to
which it is chargeable, and the person to whom payable; and such warrant
shall be countersigned by the president, or, in his absence, by the acting presi-
dent of the board of police. [63 v. 111, §22; S. & S. 819.]
Repealed as to Hamilton, see? (2022-65).
SEC. 2018. [Reports by superintendent, secretary, and board of po-
lice.] The superintendent of police shall make to the secretary of the board
daily reports of such facts as may come to his knowledge from the patrolmen,
and the secretary shall make to the board monthly reports, in writing, of the
state of the police force, with such statistics and suggestions as he may deem
advisable for the enforcement of the police government and discipline; and the
board of police shall, on or before the first Monday in April in each year, report
in writing the condition of the police to the city council. [65 v. 48, § 26;
S. & S. 814.]
Repealed as to Hamilton, see ? (2022—65).
SEC. 2019. [Commissioners and police not to be candidates for or
hold other office.] Any one of said commissioners, or any member of the
police force, who, during his term of office, accepts or holds any office elective
by the people, or who, during his term of office, is publicly nominated for any
office elective by the people, and does not, within ten days succeeding the same,
publicly decline such nomination, shall be, in either case, deemed thereby to
have resigned and to have vacated his office as such commissioner. [63 v. 113,
§ 30; S. & S. 820.]
Repealed as to Hamilton, see ? (2022—65).
Sec. 2020. [Deputy superintendent.] In case, at any time, or for any
cause, the services of a deputy superintendent shall be required, the board of
police may appoint a member of the police force to act in that capacity. [63 v.
113, § 32; S. & S. 820.]
Repealed as to Hamilton, see ? (2022—65).
SEC. 2021(1). [Powers of mayor to suspend officer of police force.] The
mayor of such cities shall have power to suspend any officer of the police force
and appoint a person to perform the duties of such suspended officer until the
next regular meeting of the board of police commissioners, when his action
shall be submitted to said board, and the board shall determine whether such
suspension shall be permanent, and if the board so determine, it shall proceed
to make an appointment to fill the vacancy. [65 v. 49, §5; (S. & S. 815).]
Section 2021(1) is that of the Revised Statutes of 1880. In 1884, April 9 (81 v. 121), this section was
repealed and amended to read as in 2021(2). The decision of the supreme court of Ohio, in State ex rel. v.
•
977
Tit. XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS. §§ 2021(2)-2022(2).
Constantine, 42 O. S. 437, in regard to the constitutionality of the act of 1884, April 9 (81 v. 121), leaves in
doubt the question whether original 2021, or 2 2021 as amended in 81 v. 121, or whether either of them, is in
force.
See note to 1945..
Repealed as to Hamilton, see ? (2022—65).
SEC. 2021(2). [Power of mayor to suspend officers of police force.] The
mayor of such cities shall have power to suspend any officer of the police force
and appoint a person to perform the duties of such suspended officer until the
next regular meeting of the board of police commissioners, when his action.
shall be submitted to said board and the board shall determine whether such
suspension shall be permanent, and if the board so determine, it shall proceed
to make an appointment to fill the vacancy, provided, that in all cities of the
third grade of the second class having a population of nineteen thousand and
not exceeding twenty thousand and in cities having a population of twenty
thousand and not exceeding thirty thousand five hundred by the last federal
census, and that have not been advanced to a city of the second grade, second
class, the mayor shall have power to suspend any member or officer of the police
force, and shall have power further, to appoint a person to perform the duties
of such suspended member or officer until the next regular meeting of the
board, and in every case of such suspension the mayor shall report the cause
thereof in writing to the board, and the person so suspended shall be tried
upon said charges in the same manner as in the case of written charges by any
citizen of such city, and as provided in sections two thousand and nine, two thou-
sand and ten and two thousand and eleven and two thousand and twelve, of said revised
statutes of Ohio. [1884, April 9: 81 v. 121.]
Repealed as to Hamilton, see ? (2022-65).
SEC. 2022(1). [Certain provisions in subdivision for Cleveland made
applicable to Columbus and Dayton.] Sections nineteen hundred and twenty-
nine, nineteen hundred and thirty-one, nineteen hundred and thirty-two, nineteen hundred
and thirty-three, nineteen hundred and thirty-four, nineteen hundred and thirty-five,
nineteen hundred and forty-one, nineteen hundred and fifty, nineteen hundred and fifty-
one, nineteen hundred and fifty-two, nineteen hundred and fifty-three, nineteen hundred
and fifty-four, nineteen hundred and fifty-five, nineteen hundred and fifty-six, nineteen
hundred and fifty-seven, nineteen hundred and fifty-eight, nineteen hundred and sixty-
one, nineteen hundred and sixty-two, nineteen hundred and sixty-three, nineteen hundred
and sixty-four, nineteen hundred and sixty-five, nineteen hundred and sixty-six, nineteen
hundred and sixty-seven, nineteen hundred and sixty-eight, nineteen hundred and seventy-
one, nineteen hundred and seventy-two, nineteen hundred and seventy-three, nineteen hun-
dred and seventy-five, nineteen hundred and seventy-six, nineteen hundred and eighty,
and nineteen hundred and eighty-one, are hereby made applicable to cities of the
first and second grades of the second class, as though said sections were in this
subdivision repeated. [69 v. 29, 30, $$ 5, II, III; 63 v. 105, 108, 109, 110, 111,
112, 113, §§ 7, 15, 16, 17, 18, 19, 20, 22, 24, 25, 27, 31, 33; 65 v. 46–48, §§ 9, 21, 29;
S. & S. 816-820; S. & S. 812-814.]
Repealed as to Hamilton, see ? (2022—65).
1. Section 2022(1) is that of the Revised Statutes of 1880. In 1884, April 9 (81 v. 121), this section was
repealed and amended to read as in 2022(2). The decision of the supreme court of Ohio, in State ex rel. v.
Constantine, 42 O. S. 437, in regard to the constitutionality of the act of 1884, April 9 (81 v. 121), leaves in
doubt the question whether original 2 2022, or § 2022 as amended in 81 v. 121, or whether either of them, is in
force.
2. See note to 1945.
SEC. 2022(2). [Sections made applicable to certain cities.] Sections
nineteen hundred and twenty-nine, nineteen hundred and thirty-one, nineteen hundred
and thirty-two, nineteen hundred and thirty-three, nineteen hundred and thirty-four,
nineteen hundred and thirty-five, nineteen hundred and forty-one, nineteen hundred and
fifty, nineteen hundred and fifty-one, nineteen hundred and fifty-two, nineteen hundred
and fifty-three, nineteen hundred and fifty-four, nineteen hundred and fifty-five, nine-
teen hundred and fifty-six, nineteen hundred and fifty-seven, nineteen hundred and
fifty-eight, nineteen hundred and sixty-one, nineteen hundred and sixty-two, nineteen
63
978
§ (2022-1).
POLICE BOARDS AND OFFICERS. Tit.XII,Div.5,Ch.5.
hundred and sixty-three, nineteen hundred and sixty-four, nineteen hundred and sixty-
five, nineteen hundred and sixty-six, nineteen hundred and sixty-seven, nineteen hundred
and sixty-eight, nineteen hundred and seventy-one, nineteen hundred and seventy-two,
nineteen hundred and seventy-three, nineteen hundred and seventy-five, nineteen hundred
and seventy-six, nineteen hundred and eighty and nineteen hundred and eighty-one, are
hereby made applicable to cities of the first and second grades of the second
class as though said sections were in this sub-division repeated. All of the
sections in this section enumerated, except sections nineteen hundred and twenty-
nine, nineteen hundred and thirty-one, nineteen hundred and thirty-three, nineteen hun-
dred and forty-one, nineteen hundred and sixty-one, nineteen hundred and sixty-two,
nineteen hundred and sixty-six, nineteen hundred and sixty-seven, and nineteen hun-
dred and sixty-eight, are hereby made applicable to cities of the third grade of the
second class having a population of nineteen thousand and not exceeding
twenty thousand, and to cities having a population of twenty thousand and
not exceeding thirty thousand five hundred by the last federal census, and
that have not been advanced to a city of the second grade, second class, as
though said sections were in this sub-division repeated. [1884, April 9: 81 v.
121.]
Repealed as to Hamilton, see ? (2022—65).
SUBDIVISION (IV—I). DAYTON POLICE.
Police stations for women and children and police matrons therefor, see ? (2090—1).
(2022—1) [Dayton police directors; the force; appointment and
discharge.] The board of tax commissioners of such city of the second grade
of the second class shall, within ten days after their first regular meeting, ap-
point a board of police directors, who shall, within sixty days after their first
regular meeting, appoint a police force and officers thereof, and the present
police force and the officers thereof in such cities shall continue as such under
the management and control of the board of police directors only until the ap-
pointment and qualification of such new police force and officers; and as ap-
pointments of officers and members of the force are within said sixty days
inade by said board, such officers and members may be designated to take
the place of the officers and members of corresponding rank on the present
force, who may be thereupon forthwith discharged by the board; and appoint-
ments of officers or members of the new force may be made from officers or
members of the present force or from other electors of such city. [89 v. 110,
$ 3.1
(2022-2) [Dayton board of police directors; members of; their ap-
pointment; qualifications; term; removals; vacancies; oath; powers;
salary; former board abolished.] That in cities of the second grade of the
second class, all powers and duties connected with and incident to the appoint-
ment, regulation and control of the police force shall be vested in a board of police
directors, consisting of four electors of such city, to be appointed by the board
of tax commissioners of such city, not more than two of whom shall be of the
same political party, two of whom of different political parties shall be desig-
nated to serve for two years, and two of whom of different political parties
shall be designated to serve for four years; and thereafter at the expiration of
each term, and at each period of two years, such tax commission shall appoint
two members of such board, who shall be designated to serve for four years.
For official misconduct such tax commission may remove any of said members
of such board of police directors; and all vacancies in said board shall be filled
by such board of tax commissioners for the unexpired term. The members of
such board, bofore entering upon their duties, shall take and subscribe to an
oath, which shall be filed and kept in the office of the mayor, to support the
constitution of the United States and of the state of Ohio, and in all their official
979
Tit.XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS.
§ (2022-3).
actions and judgments to aim only to secure and maintain an honest and effi-
cient system of police, free from partisan dictation or control. Such board of
police directors is hereby invested with all the powers heretofore conferred by
law upon boards of police commissioners in such cities. Each member of such
board of police directors shall receive a salary of three hundred dollars per
annum. The board of police commissioners in any city of the second grade
of the second class is hereby abolished. [89 v. 110, §3; 84 v. 52.]
(2022-3) [Board's power of appointment; as to promotions.] The
board of police commissioners shall appoint all policemen and all officers for
the police force. Appointments shall be made without reference to party
opinions or affiliations. All appointments of officers for the police force, ex-
cepting the superintendent of police, shall, after the first appointments of
such officers made hereunder, be by promotion from the grade next below.
[1887, March 8: 84 v. 52.]
(2022-4) [Mayor may preside at all meetings, but shall have
no vote; when he may cast deciding vote; selection of an acting presi-
dent and secretary; appointment of a superintendent; president's term.]
The mayor of the city may be present, and when present shall preside at all
meetings of the board of police commissioners, but he shall not be a member
thereof, nor shall he have any vote in the proceedings of the board, excepting
that in case the board upon their first meeting for organization after the pas-
sage hereof, as by this section provided to be held shall be unable to agree by a
majority vote upon the appointment of an acting president, a superintendent
of police, and a secretary of the board of police commissioners, or either of
them, as hereinafter provided, the mayor presiding shall, after five ballots upon
any of said appointments have been taken without a resulting appointment,
cast the deciding vote upon such appointment. Within five days after the
appointment and qualification of the original commissioners appointed pur-
suant hereto, said commissioners and the mayor shall meet at the call of the
mayor, and at said meeting shall effect an organization of said board by the
selection of an acting president and a secretary thereof, and the board shall
also, at said meeting, appoint a superintendent of police. The board shall
appoint one of its members as acting president, who shall, in the absence of
the mayor, preside at meetings of the board, and shall perform the other duties.
hereinafter prescribed. The term of the acting president shall be for one year,
and until the board shall appoint his successor in such office. [1887, March 8:
84 v. 52, 53.]
(2022-5) [As to time and mode in which the present force shall
be succeeded; superintendent and secretary to enter upon their duties at
once; appointments from present force.] The board of police commissioners,
shall, within sixty days after their first regular meeting, as provided in section
three hereof, appoint a police force and officers thereof pursuant to the provisions
of this act; and the present police force and officers thereof, in such cities,
shall continue as such under the control and management of the board of
police commissioners appointed hereunder, only until the appointment and
qualification of such new force and officers; but the superintendent of police
and the secretary of the board shall, immediately upon their appointment and
qualification enter upon their duties; and as appointments of officers and
members of the force are, within said sixty days, made by said board, such
officers and members, may be designated to take the places of officers and mem-
bers of corresponding rank on the present force, who may be thereupon forth-
with discharged by the board; and appointments of officers or members of the
new force may be made, agreeably to the provisions of this act, from officers or
members of the present force, or from other electors of such city. [1887,
March 8: 84 v. 52, 53.]
980
§ (2022—6).
POLICE BOARDS AND OFFICERS. Tit. XII,Div.5,Ch.5.
(2022-6) [Number of officers and men who may be appointed;
appointees on probation; their discharge; additional patrolmen in case of
emergency; station-house keepers, clerks, etc.; special police.] The board
of police commissioners shall have power to appoint a superintendent of police,
a captain of police, and an additional captain for each fifty patrolmen more
than the first fifty that may be called into service, a sergeant of police for each
twelve patrolmen, a roundsman for each police precinct, and also regular or
compensated patrolmen, not exceeding one to each seven hundred and fifty
inhabitants of such city. The board may appoint any patrolmen on proba-
tion, and may discharge those so appointed at any time within six months.
from the date of appointment; provided, that if patrolmen so appointed on
probation and discharged shall demand it, the cause of his discharge shall be
assigned him by the board in writing. The board shall have power, in case of
emergency or special necessity, to appoint as many additional patrolmen as it
shall think proper, which appointment shall continue only during the contin-
uance of such emergency or special necessity, as determined to exist by the
board. The board shall appoint necessary station-house keepers, clerks, and
other subordinates, necessary to the efficient administration of the police laws
and regulations, within the scale of the powers of said board. The board may
appoint persons of suitable character who may be in the employment of the
city in other branches or departments, special patrolmen or policemen; but
such special patrolmen or policemen shall not be paid for their services as such
from the public fund of the city or county treasury; and such special patrol-
men or policemen shall possess the same powers as the regular patrolmen, and
shall obey the rules and regulations governing the police force, and conform to
its general discipline. [1887, March 8: 84 v. 52, 53.]
See & 1998.
(2022-7) [Detective force; number; its chief.] The board of police
commissioners may, from the patrolmen, appoint detectives, not exceeding six
in number, who shall act as secret police or detectives, and the board may, from
the patrolmen, fill vacancies in said detective force. The board may appoint a
chief of the detective force, from the members thereof, who shall have charge
thereof, subject only to the control of the board and the superintendent of
police; and said detectives and said chief shall hold such positions at the will
of the board. [1887, March 8: 84 v. 52, 54.]
(2022-8) [Secretary of board: his salary, duties, removal, bond and
oath.] The board shall appoint a secretary thereof, at a salary not to exceed
fifteen hundred dollars per annum, who shall keep the records, have charge of
the office of the board, shall perform such duties as are required of him by the
board, and may be removed by the board at any time. The secretary shall
give bond in the sum of three thousand dollars conditioned for the faithful
performance of his duties, and for the faithful accounting for all moneys that
may come into his hands as such secretary. Said bond shall be approved by
the board, and filed in the city clerk's office; and the secretary shall take and
subscribe an oath of the same nature as that prescribed for the commissioners.
[1887, March 8: 84 v. 52, 54.]
(2022-9) [Rules governing the qualifications, appointment, dis-
charge, duties, etc., of members of the force; partisan appointments and
removals forbidden; time during which appointments shall continue;
examination of applicants; causes for removal, discharge, or reduction in
grade or pay.] The qualifications, enumeration and distribution of duties of
each member and officer of the police force shall be particularly defined and
prescribed by rules and regulations of the board of police commissioners, not
inconsistent with the further provisions hereof. Each member and officer of
the police force, the secretary of the board, and each appointee of the board in
any capacity shall be an elector of the city in which he is appointed, and able
981
Tit.XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS.
$(2022-10).
to read and write the English language understandingly. No person shall be
appointed a member or officer of the police force, unless he is well known to
be a man of sobriety and integrity, and has been and is an orderly and law-
abiding citizen. No man shall be appointed a member or officer of the police
force who has been convicted of any felony, or who has been convicted of any
misdemeanor within three years previous to his appointment, or has been
engaged in any unlawful calling, or has pursued any calling in a manner for-
bidden by law; nor shall any person be appointed a member or officer of said
force on account of any political partisan service rendered by him, or on account
of political sentiments or affiliations; nor shall any officer or member of said
force be discharged or removed, or reduced in grade or pay, for any political or
partisan opinion. Their appointment and continuance upon said police force
shall depend solely upon their willingness and ability to enforce the law. All
appointments on the police force hereunder, of officers or members thereof, shall
continue during good behavior and continued ability fully to discharge the
duties of the position. The board of police commissioners shall have power
to call for information, to summon applicants for appointment before them
for examination as to their fitness, to summon witnesses, and to take any other
lawful means which shall enable them to form a correct and intelligent judg-
ment as to the fitness of applicants. No member or officer of the police force
shall, after his appointment by the board as herein directed, be removed from
the force or reduced in grade or pay for any reason, except inefficiency, miscon-
duct, insubordination or violation of law; except that in the case of patrolmen
appointed on probation, their discharge within six months from their appoint-
ment shall be in the discretion of the board. [1887, March 8: 84 v. 52, 54.]
(2022-10) [Charges against members of the force; suspensions
pending action of the board; summary hearing of charges; record of
charges and findings; costs to be paid by member, when; sentencing power
of board; ineligibility to reappointment.] Any person may prefer charges,
which shall be signed by the person making same, against an officer or member
of the police force, which charges shall be filed in the office of the mayor, and
be by him communicated without delay to the board of police commissioners,
whose duty it shall be to investigate and decide upon said charges. It shall be
the duty of the mayor, whenever probable cause appears, to prefer charges
against any member or officer of the force, whom he believes to have been
guilty of any conduct justifying his removal or punishment in the interest of
the public order. In any case where charges have been made against an officer
or member of the force, the mayor or the board may suspend from duty, or
from both pay and duty, the officer or member against whom such charges
have been made; and such suspended officer or member shall not be placed
upon duty or allowed pay after suspension therefrom, pending the action of
the board upon such charges. All charges against members or officers of the
police force shall be forthwith filed by the mayor in the office of the board of
police commissioners, and within three days after such filing, the board shall
proceed to hear and examine said charges. All charges shall be taken as
denied, and the hearing shall be summary and without pleading, and the
action of the board thereon shall be final. A record of charges and findings
shall be made by the board, and kept in their office. The board shall have
power to, and shall issue subpoenas attested in the name of the acting president
of the board, to compel the attendance of witnesses, to administer oaths and
affirmations, and generally shall, for the purposes of such hearing, have and
exercise the powers and duties of justices of the peace in civil cases, so far
as the same are applicable. If on such hearing, the charges are sustained, the
officer or member of the force shall pay the costs of such proceeding, and the
same may be deducted and withheld from his pay. The board may discharge,
suspend, or reduce the grade and pay of any person found guilty as above.
No officer or member of the police force who has been found guilty and dis-
982
§ (2022-11).
POLICE BOARDS AND OFFICERS. Tit. XII,Div.5,Ch.5.
charged, shall ever be eligible for re-appointment to the force in any capacity
whatever, unless it shall be afterwards proved to the board that their decision
was erroneous, and that, in fact, he was not guilty of the offense for which he
was dismissed. [1887, March 8: 84 v. 52, 55.]
(2022-11) [Salary of each member of board.] Each member of the
board of police commissioners shall receive a salary of three hundred dollars
per annum. [1887, March 8: 84 v. 52, 56.]
(2022-12) (Maximum salaries of the members and officers of
force.] The superintendent of police shall receive a salary not exceeding
twenty-five hundred dollars per annum; each captain of police shall receive a
salary not exceeding sixteen hundred dollars per annum; each sergeant shall
receive a salary not exceeding twelve hundred dollars per annum; each detec-
tive and chief of detectives a salary not exceeding twelve hundred dollars per
annum; each roundsman a salary not exceeding eleven hundred dollars per
annum; and the pay of each patrolman shall not exceed the sum of nine hun-
dred dollars per annum. [90 L. L. 374; 84 v. 52, 56.]
(2022-13) [Amount of salaries and pay, how fixed; time of pay-
ment.] The salaries of officers and pay of patrolmen provided for in section
eleven hereof, shall be fixed by the board of police commissioners, and shall
be paid monthly to each person entitled thereto. The salary of the secretary
of the board shall be paid monthly; and the salaries of the commissioners
shall be paid quarterly. The compensation of station-house keepers and other
subordinates shall be fixed by the board, and shall be paid monthly. [1887,
March 8: 84 v. 52, 56.]
(2022-14) [Presents. fees, etc., to members of the force prohib-
ited; also interference in employment of attorneys.] No officer or mem-
ber of the police force shall, for his own benefit, under any pretense whatever,
receive or share in any present, fee, gift or emolument for public services
other than the regular salary and pay, except by the consent of the board and
superintendent, publicly given; nor shall any officer or member share in or
receive any fee, gift or reward, from any person who may become bail for any
arrested, accused or convicted person, or who may become surety for any such
person on error to the judgment or decision of any court or magistrate, or any
fee, gift or reward, in any case from an attorney-at-law who may prosecute or
defend any person arrested or prosecuted for any offense within the county
within which such city may be situated; nor shall any such officer or member,
either directly or indirectly, interest himself or interfere in any manner what-
ever in the employment of any attorney to aid in the defense of any person
arrested or accused; and for any violation of either of the foregoing provisions,
the person or persons so offending shall be immediately removed from the police
force. [1887, March 8: 84 v. 52, 56.]
(2022-15) [Meetings of the board and transaction of business.]
Meetings of the board of police commissioners, for the transaction of business,
shall be held at their office upon some particular days to be designated by them,
and at such other times as two of said commissioners shall call a meeting of
said board, by a written notice filed with the secretary of the board, whose duty
it shall be forthwith to notify the other members of said board, and mayor,
of the time of such meeting. A majority of the board shall be a quorum for
the transaction of business, but the mayor shall not be counted to make such
quorum; and it shall require the affirmative vote of a majority of the board to
pass any measure or authorize any act by the board. [1887, March 8: 84 v. 52.57.]
(2022-16) [General powers of the board; patrol equipments;
police telegraph; powers of mayor in case of riots, etc., to call out whole
force and appoint additional patrolmen; compensation of such patrolmen.]
The board of police commissioners shall possess full power and authority over
983
Tit.XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS.
§ (2022-17).
the police organization, government, appointments and discipline within such
city, and shall have possession and control of all property, books, records and
equipments belonging to the police department or under the control of the
police authorities. And the board may procure all such equipments for the
rapid transportation of police from one point to another in such places within
the city as for purposes of police, the board may deem necessary, and shall have
power to erect and maintain all such lines of telegraph, or other means of com-
munication, as for said purposes the board deems necessary, whenever the coun-
cil authorizes the procuring of said equipments for transportation, or the estab-
lishment of such telegraph line or lines, or other means of communication, and
provides for the cost thereof; provided, however, that the board may use for
such purposes the contingent fund hereinafter established. In case of riot or
insurrection, or any like emergency within such city, which in the judgment
of the mayor requires the intervention of the police force, he shall have power
to call out the whole force and control the same and the officers thereof, during
the emergency; and in case of any emergency in such city, which, in the judg
ment of the mayor requires a temporary increase of the members of the police
force, he shall have the power to appoint as many other patrolmen or officers as
he may deem necessary, to serve as long as such emergency exists, not exceed-
ing five days. The compensation of such patrolmen or officers shall not exceed
that provided for patrolmen or officers of the regular force, and payment thereof
shall be provided for by the board of police commissioners. [1887, March 8:
84 v. 52, 57.]
(2022-17) [Police duties of the mayor, board of police commis-
sioners and police force.] It shall be the duty of the mayor, the board of
commissioners and of the police force hereby constituted, at all times of the
day and night, within the boundaries of the city, to preserve the public peace,
prevent crime, arrest offenders, protect rights of persons and property, guard
the public health, preserve order, remove nuisances existing in public streets.
roads, places, and highways, report all leaks or other defects in water-pipes and
sewers to the proper authorities, to provide a proper force at every fire, in order
that thereby the firemen and property may be protected, to protect strangers
and travelers at railway stations, and generally to obey and enforce all ordi-
nances of the city council and criminal laws of the state and of the United
States. [1887, March 8: 84 v. 52, 58.]
(2022-18) [Oath of officers and members of the force; super-
intendent's bond; his general powers; bonds of officers and patrolmen.]
Each officer and member of the police force, before entering upon the discharge
of his duties, shall take an oath before the mayor, who is hereby empowered to
administer the same, well and faithfully to discharge the duties of his office,
which oath shall be subscribed by the person taking it, and shall be filed and
preserved in the office of the police commissioners. The superintendent of
police shall give a bond for the faithful discharge of his duties, in the sum of
three thousand dollars, to be approved by the board, which bond shall be filed
with the secretary of the board, and thereafter, under the direction and control
of the board, such superintendent of police shall have command and control
of the police force of such city. Each regular captain of police, and each regu-
lar sergeant shall give a bond in the sum of one thousand dollars; and each
regular roundsman and each regular patrolman shall give a bond in the sum of
five hundred dollars. Each of said bonds shall require the approval of the
board of police commissioners, shall be conditioned for the faithful discharge of
the duties of the person giving the same, and shall be filed in the office of said
board, duly approved, before the person giving the same shall enter upon the
discharge of his duties. [1887, March 8: 84 v. 52, 58.]
(2022—19) [Manual for the police; duty of officers and patrolmen
to inform themselves as to their duties; superintendent to instruct officers
984
§ (2022-20).
POLICE BOARDS AND OFFICERS. Tit.XII,Div.5,Ch.5.
and patrolmen; examination and inspection of force; examiner; removals
for inefficiency.] The commissioners shall cause to be prepared a convenient
manual containing a compend of all the laws and ordinances which the police
force is required to obey or enforce; and such instructions as shall aid them in
the intelligent discharge of their duty. Each officer and member of the force
shall be supplied with a copy, for the preservation of which he shall be held
responsible as for other public property. It shall be the duty of every member
and officer of the force to make himself acquainted with the directions con-
tained in the manual, and in every way to become familiar with all the duties
of his position. The superintendent shall be especially charged with the duty
of instructing members and officers of the force in their duties, and from time
to time examining them as to their knowledge of the requirements of their posi-
tion. It shall, furthermore, be the duty of the board of police commissioners,
at least twice in each year, to require the examination and inspection of the
entire force, and for this purpose the board shall appoint one of the police com-
missioners an examiner to assist the superintendent in such general examina-
tions. Gross ignorance of the laws and regulations governing the police force,
after six months' service as officer or member, shall be deemed conclusive proof
of inefficiency, and shall require the removal of such officer or member of the
force. [1887, March 8: 84 v. 52, 58.]
(2022-20) [Police life and health insurance fund; who to be trustees
of the fund; said fund, how to be invested; trustees' annual report.]
Fifteen per cent. of all rewards, fees, proceeds of gifts, and emoluments that
may be allowed by the board of police commissioners to be paid, or given,
on account of extraordinary services of a member of the police force, all
unclaimed money, the proceeds arising from the sale of unclaimed property,
and one-third of the moneys received by the board from all sources whatever,
the disposition of which is not otherwise provided for by this act, all witness
fees allowed members or officers of the police force in the criminal court or
before the grand jury of the county, and all fines imposed by the board of
police commissioners upon officers or members of the force, shall be paid into
the city treasury, and shall constitute the police life and health insurance fund;
and the persons who from time to time constitute the board of police com-
missioners of such city, together with two members of the police force, to be
elected by the members of said force on the first Tuesday of January of each
year, except the first election, which shall take place ninety days after the first
regular meeting of the board of police commissioners, as provided in section
three hereof, shall constitute and are hereby declared to be trustees of said fund;
and the acting president of the board of police commissioners shall be the
president of the board of trustees hereby created, and the secretary of said
board of police commissioners shall be the secretary of said board of trustees,
and it is hereby made his duty to keep a record of the proceedings of said board
of trustees, and of all action taken by it with regard to the fund, and with
regard to the members of said police force; and said board of trustees shall
have power, for the purposes of investment, to draw such fund from the treas-
ury, on the warrant of the president of said board of trustees, countersigned
by the secretary, and may invest the same in interest-bearing bonds of the
United States, the state of Ohio cr of the city wherein said board is situate,
and shall make reports to the city council of the condition of the fund on the
first day of March of each year. [1887, March 8: 84 v. 52, 59.]
(2022-21) [Beneficiaries of such fund; payments, how made; non-
beneficiaries; transfer of moneys, etc., on hand to the trustees.] When
an officer or member of the police force, in the performance and in consequence
of the performance of official duty, becomes bodily disabled, his necessary
expenses during such disability may be paid from the said "police life and
health insurance fund," at the discretion of said board of trustees of said fund;
985
Tit. XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS.
$(2022-22).
and said board shall inquire into the circumstances, and, if satisfied the charge
upon the fund is correct, may order the same to be paid, which shall be done
by the draft of the trustees upon the fund, and such draft, when signed by a
majority of the said trustees, shall be countersigned by the secretary, and paid
out of said fund by the city treasurer. The board of trustees shall by warrant
drawn as last above provided, within thirty days after the death of any officer
or member of the police force who has been killed while in the execution of
his official duty, or who has died in consequence of injuries received while in
the execution of his official duty, pay the sum of five hundred dollars to his
widow or minor children, or if there be no widow or minor children then to
such person or persons as were dependent upon the deceased for support; but
if there be no such dependent person then no money shall be paid from the fund
on account of such deceased member, except a sum not to exceed one hundred
and fifty dollars to be used to defray the funeral expenses. The provisions of
this section shall apply also to any additional officers or patrolmen appointed
by the mayor or the board of police commissioners, under section five or sec-
tion fifteen hereof excepting such employes of other branches of the city gov-
ernment as may be appointed special patrolmen or policemen under section
five; nor shall the provisions of this section apply to private patrolmen ap-
pointed under section twenty-two hereof. The possession, management, and con-
trol, of all moneys and investments now under control of the board of trustees
of the "police life and health insurance fund," or of the police pension fund
in such cities, shall be transferred to the board of trustees herein provided for
immediately upon their organization. [1887, March 8: 84 v. 52, 59.]
(2022-22) [Division of the city into police precincts; obedience
to superintendent.] It is hereby made the duty of the board of police com-
missioners where the same has not already been done, for more effectually
distributing and enforcing its police government and discipline to divide the
city into precincts without regard to ward bounding; to assign sergeants of the
police to each of the precincts of said city as they may deem for the best
interests of the city; to establish from time to time, in their discretion, a sta-
tion or sub-station in each precinct or division for the accommodation of the
police force on duty therein; to promulgate all regulations and orders through
the superintendent of police, and the police force shall respect and obey the
superintendent, subject to the rules and regulations and general orders of the
board. [1887, March 8: 84 v. 52, 60.]
(2022-23) [Private patrolmen appointed.] The board of police com-
missioners may, on the application of any person who shows the necessity
thereof, appoint any number of private patrolmen to do duty at any place
within the city at the charge and expense of the person by whom the application
is made; and the patrolmen so appointed after being sworn shall be subject to
the orders of the board of police commissioners, and shall obey the rules and
regulations of said board, and conform to its general discipline, and to such
other special regulations as may be made, and shall wear such dress or emblem.
as the board may direct, and during their term of holding appointment they
shall possess all the powers and privileges and perform all the duties of the
patrol force herein prescribed; provided, that the party so applying for such
appointment shall first pay into the "police life and health insurance fund”
the sum of five dollars for each private patrolman thus appointed; and pro-
vided further, that the persons so appointed may be removed at any time by the
board of police commissioners without assigning cause therefor. [1887, March 8:
84 v. 52, 60.]
(2022-24) [Notice and written return of arrests.] Every case of
arrest shall be made known to the captain or sergeant upon duty in the pre-
cinct wherein such arrest was made, by the person making the same, and it
shall be the duty of said captain or sergeant, as soon as practicable after such
986
§ (2022—25).
POLICE BOARDS AND OFFICERS. Tit. XII,Div.5,Ch.5.
notice, to make a written return thereof, according to the rules and regulations
of the board of police commissioners, together with the name of the party
arrested, the offense, the place of arrest and the place of detention. [1887,
March 8: 84 v. 52, 61.]
(2022-25) [Police expenses shall be a city charge.] The neces-
sary costs and expenses of providing for, and the maintenance of the police
department hereby created, shall be a city charge. [1887, March 8: 84 v. 52, 61.1
(2022-26) [Annual estimate of expense of metropolitan police
fund; police tax; expenses to be paid from police fund, except, etc.]
The board of police commissioners shall prepare and submit to the city coun-
cil for approval, on or before the first day of May in each year, an estimate
of the cost and expenses of providing for and maintaining the police depart-
ment of such city within the current fiscal year, which estimate shall be in
detail, and the city council shall provide for the same in [the] general tax
assessment, and the money when collected shall be paid into the city treasury,
and styled "the metropolitan police fund," and shall be drawn therefrom for
police purposes only, under the regulations of this act. All costs and expense
of every nature of providing for and maintaining the police department of such
city shall be paid out of said "metropolitan police fund," as hereinafter pro-
vided; except so far as incidental and extraordinary expenses are provided to
be paid out of the contingent fund hereinafter established. [1887, March 8:
84 v. 52, 61.]
66
(2022-27) [Moneys, and how to be paid out; auditing of claims.]
All moneys hereafter to be paid to any person out of the metropolitan
police fund," or out of the "contingent fund" shall be paid only by the order
of the board of police commissioners, upon the warrant of the secretary of said
board, countersigned by the acting president thereof, which warrant shall be
drawn upon the city treasurer against the proper fund, shall be made payable
to the order of the person or persons entitled to receive said moneys, and shall
state the fund to which it is chargeable. Said board of police commissioners
shall audit all claims created under existing laws, and the same, when thus
audited, shall be paid in the manner provided for the payment of expenses
incurred under this act. [1887, March 8: 84 v. 52, 61.]
(2022—28) [Contingent fund; its use.] All moneys collected by the
mayor or police court of such city on account of the service by the police force
of writs issued by such court or mayor, shall be monthly paid to the board of
police commissioners, and two-thirds of such moneys, together with the moneys
received by said board from all sources whatever, and not provided to be paid
into the "police life and health insurance fund" shall constitute a fund to be
called the contingent fund, which shall be paid by said board into the city
treasury, and out of which fund shall be paid, so far as practicable, all inci-
dental or extraordinary expenses incurred by the board, in the manner pro-
vided by section twenty-six hereof. [1887, March 8: 84 v. 52, 61.]
(2022-29) [Reports of the superintendent and secretary and of the
board.] The superintendent of police shall make to the secretary of the
board daily reports of such facts as may come to his knowledge from
the patrolmen; and the secretary shall make to the board monthly reports
in writing of the police force, with such statistics and suggestions as he
may deem advisable for the enforcement of police government and disci-
pline, and the board shall, on the first day of March in each year, report in
writing the condition of the police to the city council. [1887, March 8:
84 v. 52, 62.]
(2022—30) [As to exemptions from certain duties.] No person
holding office under this act shall be liable to military or jury duty, or to
987
Tit.XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS.
§ (2022—31).
arrest on civil process, or to service of subpoenas from civil courts, while actu-
ally on duty. [1887, March 8: 84 v. 52, 62.]
(2022-31) [Wearing uniform and badge.] Every officer and mem-
ber of the police force while on duty, shall wear a uniform, to be prescribed
by the board of police commissioners, and shall at all times in public wear a
badge of his office, to be furnished by the board. [1887, March 8: 84 v. 52, 62.]
(2022-32) [Notice of resignations.] No officer or member of the
police force under penalty of forfeiting the pay which may be due him, shall
withdraw or resign, unless he shall have given two weeks' notice thereof in
writing to the superintendent of police. [1887, March 8: 84 v. 52,
62.]
(2022-33) Duty of members of police at elections.] The superin-
tendent of police shall detail, on the day of any election in said city, one or
more patrolmen, as he may deem necessary, to each election poll, to aid in the
preservation of order, and the protection of voters and challengers; and such
patrolmen shall be subject to the lawful orders of the judges of said election,
given for the enforcement of law, and for the protection of the rights of electors
and the preservation of the purity of the ballot. [1887, March 8: 8 v. 52, 62.]
(2022—34) [Duties of the superintendent and powers of board
upon commission of crime.] When a crime is committed is [in] such city,
whether the person accused or suspected flees from justice or not, the superin-
tendent of police shall immediately report to the chief of detectives all the facts
which may have come to his knowledge concerning the offense, or the accused
or suspected person; and the board of police commissioners may, in its discre-
tion, authorize any person belonging to the force to pursue and arrest such
accused or suspected person, and return him to the proper criminal court.
[1887, March 8: 84 v. 52, 62.]
(2022-35) [Non-participation of members of board and force in polit-
ical contests.] Any commissioner who, during the term of his office, accepts
any other place of public trust or emolument, or who, during the same period,
knowingly consents to his nomination for an office elective by the people, or
fails publicly to decline the same, within twenty days succeeding his nomina-
tion, shall be deemed thereby to have vacated his office as commissioner, and
the governor shall appoint a successor. And no officer or member of the police
force shall be a candidate for or hold any elective office, or shall be a delegate
to or otherwise take part in any primary or other political convention or elec-
tion except to cast his vote. Any interference by any officer or member of
the police force in elections or conventions for or against any political party or
candidate, or the candidacy of any officer or member of the force for any elect-
ive office, shall require his dismissal from the force by the commissioners.
[1887, March 8: 84 v. 52, 62.]
[Adoption of other sections; repeals.] That sections one thousand nine hun-
dred and fifty-three, one thousand nine hundred and fifty-four, one thousand nine hun-
dred and fifty-five, one thousand nine hundred and fifty-six, one thousand nine hundred
and fifty-seven, one thousand nine hundred and fifty-eight, one thousand nine hundred
and sixty-two, one thousand nine hundred and sixty-three, one thousand nine hundred
and sixty-four, one thousand nine hundred and sixty-five, one thousand nine hundred
and seventy-one, one thousand nine hundred and seventy-two, one thousand nine hundred
and eighty and one thousand nine hundred and eighty-one of the Revised Statutes
be and the same are hereby made applicable to cities of the second grade of the
second class as though said sections were in this act repealed [repeated]; that sec-
tions one thousand nine hundred and forty-five, as amended April 19, 1881; one thou-
sand nine hundred and ninety-eight as amended February 27, 1885; one thousand nine
hundred and ninety-nine, two thousand, two thousand and one, two thousand and
988
;
§ (2022-36).
POLICE BOARDS AND OFFICERS. Tit.XII,Div.5,Ch.5.
two, two thousand and three, two thousand and four, two thousand and five, two thou-
sand and six, two thousand and seven, two thousand and eight, two thousand and nine,
two thousand and ten, two thousand and eleven, two thousand and twelve, as amended
April 9, 1884; two thousand and thirteen, as amended April 9, 1884; two thousand
and fourteen, as amended April 9, 1884; two thousand and fifteen, two thousand
and sixteen, two thousand and seventeen, two thousand and eighteen, two thousand and
nineteen, two thousand and twenty, and two thousand and twenty-one, as amended
April 9, 1884, and two thousand and twenty-two, as amended April 9, 1884, be and
the same are hereby repealed, in so far as they may apply to cities of the second
grade of the second class; that all acts and parts of acts inconsistent or in con-
flict with the provisions of this act be and the same are hereby repealed, in so
far as they may apply to cities of the second grade of the second class; and that
all ordinances of such cities of the second grade of the second class, heretofore
adopted, which may be inconsistent, or in conflict with the provisions of this
act, be and the same are hereby set aside, repealed and held for naught, in so
far as the same are inconsistent or in conflict with the provisions of this act.
[1887, March 8: 84 v. 52, 63.]
SUBDIVISION IV-2. HAMILTON POLICE, FIRE AND HEALTH DEPARTMENTS.
Police force in Hamilton, see ?? (1545-306) to (-309).
(2022-36) to (2022–65) [Repealed, 93 v. 504; 87 v. 126; 86 v. 16.]
SUBDIVISION V. IN VILLAGES, AND IN CITIES OF THE SECOND CLASS, EXCEPT
THE FIRST AND SECOND GRADES.
Springfield police department, see (1545-208) et seq.
Akron and Youngstown police department, see ? (1545-275.)
Police stations for women and children and police matrons therefor in Springfield and
other cities, see ? (2090-1) et seq.
Akron and Canton authorized to issue bonds in order to equip a rapid transportation
of police and police telegraph, see 89 v. 144.
See note to Steubenville v. Culp, 38 O. S. 18, under ¿ 2029.
SEC. 2023. [Appointment of police force, except in Cincinnati, Cleve-
land, Toledo, Columbus, Dayton and Hamilton.] That the council of vil-
lages, and of cities of the second class, except those of the first and second
grades, shall have power to provide by ordinance for the appointment by the
mayor, with the consent of the council, of such number of police and night
watchmen as they may think necessary for the good government of the corpo-
ration, who shall hold their office for one year, unless sooner removed; and the
council may appoint such number of constables to be policemen, residing
within such city or village, as they may deem proper, and provide by ordinance
for the payment of the same. [75 v. 571, § 154.]
See note to clause 1, 2 1692.
The provisions of the special act of 77 v. 350, which authorize the court of common pleas of Greene
county to appoint three police commissioners for the city of Xenia, and vest in them the police powers of
said city, are not in conflict with the Constitution of the state. State ex rel. Attorney-General v. Covington,
20 O. S. 102, approved and followed: State v. Baughman, 38 O. S. 456.
SEC. 2024. [Policemen's bonds.] The night watchmen and police shall,
before entering upon their duties, give bond, with good and sufficient surety to
the satisfaction of the mayor, for the faithful performance of their duties.
[66 v. 184, § 207.]
SEC. 2025. [Officers of police, etc.] The council shall also have power
to provide by ordinance for the appointment of subordinate officers of the
police and night watchmen, and to prescribe the number of such officers; and
they may provide for the appointment of a reserved watch, in addition to the
regular watch, which reserved watch shall consist of a suitable number of per-
sons in each ward, when the corporation is divided into wards, to be called into
duty, in whole or [in] part, in such manner and on such occasions as the coun-
989
Tit. XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS.
$ 2026.
cil may prescribe, and by the mayor, or the officers of the police, under his
direction, and in special cases, or in cases of emergency. [66 v. 184, § 208.]
SEC. 2026. [Organization of police.] The police and night watchmen
shall be organized by the council, under the general superintendence of the
mayor, marshal, chief of police, or other officers of the police, and the council
shall prescribe their duties and define their powers, in such manner as will
most effectually preserve the peace of the corporation, secure the inhabitants
thereof from personal violence, and their property from fire and unlawful
depredations. [66 v. 184, § 209.1
SEC. 2027. [Powers and duties of policemen.] The police and night
watchmen and officers thereof, under the direction of the mayor, and in con-
formity with the ordinances of the corporation, shall suppress all riots, dis-
turbances, and breaches of the peace; pursue and arrest any person fleeing
from justice, in any part of the state; apprehend any and all persons in the act
of committing an offense against the laws of the state or the ordinances of the
corporation, and forthwith bring such person before the police court, or other
competent authority, for examination; and at all times diligently and faithfully
enforce all such laws, ordinances, and regulations for the preservation of good
order and the public welfare, as the council may ordain, and for such purpose
they shall have all the power of constables. [66 v. 184, §210.]
Under similar provisions in the municipal act of 1852, council could lawfully authorize police officers to
arrest, upon view and without warrant, violaters of the ordinances: White v. Kent, 11 O. S. 550.
See notes to decisions under 2 1847.
SEC. 2028. [Arrest upon view, etc.] The members of the police force
may, upon view, arrest any person who may be guilty of a breach of the ordi-
nances of the corporation, or of a crime against the laws of the state, and may,
upon reasonable information, supported by affidavit, procure process for the
arrest of any person who may be charged with a breach of any of the ordi-
nances of the corporation. [66 v. 184, §210.]
}
SEC. 2029. [Suspension of policemen for cause.] The mayor shall have
power to suspend any policeman or night watchman for neglect of duty, mis-
conduct, or other sufficient cause, and may appoint other persons to fill the
temporary vacancy caused thereby; and all such suspensions, and the cause
thereof, and all appointments, shall be by him reported to the council for their
action at the next regular meeting thereafter. [66 v. 185, § 211; 66 v. 170,
$121.]
See ? 1749.
A police officer suspended by the mayor under authority of 22 121-211 of the Municipal Code (66 v.
170, 184), is not entitled to wages during the period of such suspension, notwithstanding the council after-
ward declared the cause of suspension insufficient: Steubenville v. Cuĺp, 38 O. S. 18; State v. Heinmiller, 38
O. S. 101.
SEC. 2030. [Compensation of policemen.] The council shall fix the
compensation or fees of the policemen and night watchmen, and the officers
thereof, and they shall not demand or receive any other fee, perquisite, or
reward. [66 v. 185, §213.]
A reward offered for the apprehension of a thief, and money, can not be claimed by a constable who
arrests the thief by virtue of a warrant delivered to him for that purpose. A promise to pay such officer
extra compensation is absolutely void: Gilmore v. Lewis, 12 O. 281.
(2030-1) [Board of police commissioners for city of Xenia.] The
mayor of the city of Xenia, with the advice and consent of the common coun-
cil thereof, shall, within ten days after the passage of this act, appoint a board
of three police commissioners for said city, who shall be electors thereof, to
serve until the first Monday in April, 1885, and until their successors are elected,
or appointed, and qualified; and on the first Monday of April, 1885, there shall
be elected, by the electors of said city, three such commissioners who shall
serve, one for one year, one for two years, and one for three years, and until their
successors are elected, or appointed, and qualified; and thereafter annually, one
such commissioner, to serve for the term of three years, beginning on the first
990
§ (2030—2).
POLICE BOARDS AND OFFICERS. Tit.XII,Div.5,Ch.5.
Monday of April, 1886; and any vacancy in said board shall be filled by the
appointment of the mayor of said city, with the advice and consent of the com-
mon council thereof, for the unexpired term. Said commissioners, before enter-
ing upon their duties, shall take an oath of office for the faithful and efficient
discharge of their duties to the best of their ability. They shall establish rules,
not inconsistent with law, for their own government; meet regularly and not
less frequently than once per month at a room to be provided by the council
of said city for the purpose, and shall serve without compensation; provided,
said council shall provide them with light, fuel, record-books and stationery.
On the first Monday of April, 1884, the present board of police commissioners
shall cease and determine, and from said date until the organization of the
board herein provided for, the police force of said city shall be under the direc-
tion and control of the city council. [1884, March 31: 81 v. 298; 77 v. 350.]
On April 17, 1882 (79 v. 246), the following joint resolution was passed, directing the attorney-general to
institute a suit in quo warranto, for the purpose of testing the constitutionality of this act:
"WHEREAS, A special act entitled' an act to establish a police-force in the city of Xenia,' passed March
25, 1880 (77 O. L., page 350), withdrew from that city all the police-powers vested in it by the general laws for
cities of its grade (sections 2023-2030 revised statutes), and lodged them in a board of police-commissioners
appointed by the court of common pleas of Greene county; abolished the office of marshal of the said city,
without repealing the general law (section 1707 revised statutes) which provides that 'the officers of a city of
the second class shall consist of a mayor, marshal,' etc.; and authorized the payment of salaries to the said
police-force out of the general fund of the city, and also the levy of a tax for such payment other than and
additional to that provided for by the general law (section 2683, clause 21, revised statutes); and
WHEREAS, This special act raises constitutional questions whose judicial settlement would be of great
value to the general assembly-namely;
<
"(1) Whether, while the general assembly shall pass no special act conferring corporate powers,' it
may pass a special act withdrawing corporate powers;
"(2) Whether, while a city must be organized by general laws (Cons., Art. XIII., Sec. 6), it may be or
would be disorganized by a special law through the abolition of one or more of its organic offices;
"(3) Whether a tax already levied and collected by a municipal corporation for one purpose can be
diverted to another by a special act of the general assembly; and
"(4) Whether the conferring, by special act, of a power of taxation on a municipal corporation other
than and additional to that authorized by the general laws comes within the inhibition of section 1 of article
XIII of the constitution; therefore,
"Resolved by the General Assembly of the State of Ohio, That the attorney-general is hereby directed to insti-
tute a proper action in quo warranto against the police-commissioners appointed under the said special act,
inquiring by what authority they hold their offices or trusts, and to procure, if practicable and as soon as
practicable, a decision of the supreme court on the several constitutional questions herein suggested."
Suit was brought accordingly, and in State v. Baughman, 38 O. S. 455, the act was declared constitutional.
See, also, the dissenting opinion of Okey, J. in State v. Pugh, 43 O. S. 98, 128, et seq.
(2030-2) [Meetings and organization.] Said board shall hold its
first meeting on the second Monday of April, 1884, and annually thereafter,
shall appoint from its members, a president and secretary by whom ali orders
and papers issued by authority of the board shall be signed. The secretary
shall keep a record of the proceedings of the board in a book kept by him for
that purpose. At said first meeting, said board shall elect by ballot, to serve
during good behavior, or until removal, from the electors of said city, one chief
of police, and at any time it may in like manner elect as many patrolmen as it
may deem necessary for the protection of persons and property and the preser-
vation of order within said city; provided, that the number thereof shall at
no time exceed eight, unless by the concurrence of said council. And said
board may at any time diminish the number of patrolmen if, in its opinion,
the public interest requires it. [1884, March 31: 81 v. 298; 77 v. 350.]
(2030-3) [Powers of said board.] All the powers now vested by law
in the authorities of said city, or any of them, respecting the appointment,
control, or discipline of the police force, are hereby vested in said commissioners.
so to be appointed. And said board shall have the general control and super-
vision of the police force herein authorized; shall make rules and regulations
not inconsistent with law for the government and discipline thereof; and may,
for cause by it deemed sufficient, upon written charges preferred, remove a
member. [77 v. 350.]
(2030-4) [Powers of members of force.] All the powers vested by
law in marshals or other police officers of cities are hereby vested in each mem-
ber of said force. [77 v. 350.]
991
Tit. XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS.
§ (2030—5).
(2030-5) [Compensation of members of force.] Every such member
shall be allowed such salary for his services as the board by resolution shall
fix, not exceeding eight hundred dollars for the chief of police, and six hun-
dred dollars each for patrolmen, which shall be allowed in equal monthly
installments by said council, upon the certificate of said board, and paid out
of the city treasury, as other claims. No such member shall receive any fee,
reward, or perquisite whatever for his services other than his salary, except by
the unanimous consent of said board entered upon its minutes; and all fees
earned by said members shall be taxed, and, when collected, paid into said
treasury to the credit of the police fund. [77 v. 350.]
(2030-6) [Duties of marshal shall be performed by chief of police
or member of police force.] On the first Monday of April, 1880, the office of
marshal in said city shall cease and determine, and all duties imposed upon
such officer by law or ordinance shall devolve upon and be performed by said
chief of police, or some member of said force under his direction. Provided,
that the council of said city shall provide a police force from the first Monday
in April, 1880, until the force herein contemplated shall be fully organized.
[77 v. 350.]
(2030-7) [Levy of annual tax.] There shall be levied, annually,
upon the taxable property of said city, such rate as the council of said city shall
determine, not exceeding one mill upon each dollar valuation, for the purpose
of paying the salaries of, and defraying [the] expenses incident to said force; and
said council [shall,] on or before the first Monday of June annually certify to
the county auditor the rate of levy so determined, which shall be placed upon
the grand duplicate of said city, and be collected as other taxes, and the fund
arising therefrom shall be known as the police fund of said city. Provided, that
until a revenue shall be derived from the tax herein authorized, the salaries of
said force shall be paid out of the general fund of said city. [77 v. 350.]
The validity of the provisions of this section is not drawn in question, in a proceeding in quo warranto
against the police commissioners, to inquire by what authority they hold their office: State v. Baughman, 38
O. S. 455.
(2030-8) [How member of board removed; costs.] For any mal-
feasance, misfeasance, or improper conduct in office, said court, upon hearing,
and upon the written charges of any responsible citizen of said city, may re-
move a member of said board, but such member shall be entitled to reasonable
notice of such charges and an opportunity to defend against them; the costs
in case of removal shall be adjudged against such member; otherwise against
the corporation. [77 v. 350.]
SUBDIVISION V.-1. PENSION FUND IN CITIES IN WHICH TENURE OF OFFICE OF
POLICE IS GOOD BEHAVIOR; EXCEPT CINCINNATI, CLEVELAND, COLUMBUS,
DAYTON AND TOLEDO.
(2030-9) SEC. 1. [Board of trustees of police pension fund; how
constituted; style of title of board; powers of board.] In each city of said
state in which the tenure of office of members of the police department is
during good behavior, except Cincinnati, Cleveland, Columbus, Dayton and
Toledo, a board of trustees of a fund to be known as "the policemen's pension
fund"´shall be and is hereby created, which board of trustees shall be com-
posed of the members of the board or committee having control or supervision
of the police department, in each of said cities, and of three other persons,
members of such police department, which three other members shall be
elected in the manner hereinafter provided. The board of trustees so consti-
tuted shall, in each instance, be known as "the board of trustees of the
policemen's pension fund of the city of (the blank in the name, to be
filled with the name of the proper city), and by that name, shall be a body
992
§ (2030-10).
POLICE BOARDS AND OFFICERS. Tit. XII,Div.5,Ch.5.
corporate, with powers of succession, and, as such, shall have power to sue and
to be sued, by such corporate name. [93 v. 76.]
(2030-10) SEC. 2. [Notice of election; election to be by ballot;
time and place; who eligible to vote; inspection and counting of ballots;
certification of result; oath; terms; annual elections.] Within sixty
days after this act shall take effect, or shall become applicable hereafter, the
chief officer of the police department of such city, to which this act is applica-
ble, shall give at least two weeks' notice, in writing, to each member of the
police department in such city that upon a date to be named in such notice,
not less than one week nor more than two weeks from the date of such notice,
an election of three members of said board of trustees will be had. Such
election shall be by ballot, and shall be held between the hours of 8 o'clock
A. M. and 6 o'clock P. M., of the day named in such notice, at the police head-
quarters of such city. Each member of the police department of such city
shall have the right to cast a ballot for three candidates for trustees, and the
ballots, so cast, shall be inspected and counted by the mayor, chief officer of
the police department and the solicitor of such city, and the three persons re-
ceiving the highest number of votes shall be elected. Within one week from
the counting of the ballots, the officers counting such ballots, or any two of
them, shall certify, in writing, to the clerk of such city the result of such
election. The three trustees so elected shall take and subscribe an oath to
faithfully discharge the dutes of their office, which oath may be administered
by any officer authorized to administer oaths under the laws of the state of
Ohio. The three trustees, so elected, shall retain their offices until their suc-
cessors are elected and qualified. After the first election of said trustees, the
said three trustees shall be thereafter elected annually, in the same manner as
above indicated, at an election to be held each year on the second Monday of
January. [93 v. 77.]
(2030-11) SEC. 3. [Organization of board; duties of officers.]
As soon as practicable after the election of said three trustees, the board
of trustees of the policemen's fund, in each of said cities, shall organize, by
the election of a president, a secretary and a treasurer. The president and
secretary shall be members of said board of trustees. The president shall pre-
side at all meetings of said board of trustees. The secretary shall keep a com-
plete and correct record of all the proceedings of the board of trustees and shall
in January of each year make to the city council a written detailed statement
of the transactions of the board of trustees, touching the pension fund and
showing the receipts and disbursements during the preceding year. [93 v. 77.]
(2030-12) SEC. 4. [Election of treasurer; qualifications; duties;
bond.] The treasurer of the pension fund created by this act shall be chosen
by the board of trustees and shall be a citizen of such city, but need not nec-
essarily be a member of the police department. Such treasurer shall have the
custody of the pension fund, and before entering upon the performance of his
duties shall give a bond, payable to the state of Ohio, in such sum as may be
prescribed by the board of trustees, with two or more sureties to be approved
by the board of trustees, and conditioned for the faithful discharge of his
duties and the accounting for all moneys received by him in his official capacity.
[93 v. 77.]
(2030-13) SEC. 5. [Tax on foreign insurance companies applied
to pension fund.] The treasurers of counties, containing a city to which
this act is applicable, shall, semi-annually, at the time of their semi-annual
settlements with the auditors of their respective counties, pay over to the
treasurers of the policemen's pension fund, one-half the amount to which such
city is entitled, under its annual levy, to receive, of all the taxes paid into the
treasuries of their respective counties by foreign insurance companies, on their
993
Tit. XII,Div.5,Ch.5. POLICE BOARDS AND OFFICERS.
§ (2030-14).
gross receipts under the provisions of section 2745 of the Revised Statutes dur-
ing the half year preceding such semi-annual settlement. [93 v. 77.]
(2030-14) SEC. 6. [Fines, gifts, etc., to be paid into pension fund.]
All fines assessed against members of the police department, in such cities,
respectively by way of discipline or punishment, together with all gifts, dona-
tions and bequests which may be made for the benefit of such pension fund;
and also twenty-five (25) per cent. of all rewards in money which may be paid
to members of such police department on account of special or extraordinary
services, hereafter performed by them, shall constitute a part of such police-
men's pension fund, and as received shall be paid over to the treasurer of such
fund. [93 v. 78.]
(2030-15) SEC. 7. [Dues of members.] In each city, to which
this act is applicable, the members of the police department, shall pay, as
monthly dues, to the policemen's pension fund, one (1) per cent. of all moneys
received from said city as compensation for their personal services, provided
that when the surplus funds of any association shall amount to the sum of
twenty thousand ($20,000) dollars no more dues shall be paid so long as the
said surplus remains at that amount or over, but when the surplus funds be-
come reduced below the sum of twenty thousand ($20,000) dollars upon notice
from the board of directors the said dues shall again become due and payable.
[93 v. 78.]
(2030-16) SEC. 8. [Retirement of disabled member; monthly pen-
sion; return of member to active duty; manner of payment of pen-
sion.] If any member of the police department of any city shall, during
his period of active service, be found, upon an examination of the medical
officers or board, appointed for that purpose, by the board or committee having
control and management of such police department, to be physically or men-
tally disabled so as to be unable longer to perform his duties as a member of
the police department, and such disability shall have been caused or induced
by the performance of the duties of his position as such member, such board
or committee shall have power to retire such disabled member from all services
in such police department, and upon such retirement the board of trustees of
the policemen's pension fund shall order the payment to such disabled mem-
ber of a monthly pension, equal in amount to one-half the monthly salary of
such disabled member at the time of such retirement; provided, that if at a
later time it shall be found, upon a further examination by such medical offi-
cers or board, that such retired member has recovered from his said disability,
in whole or in part, such board or committee may return such disabled mem-
ber to active duty or assign him to such light duties in the police department
as he may be able to perform. That in case such disabled member is returned
to such active duty, at full pay, his said pension shall cease, but in case he is
assigned to duty at a lower rate of pay than that received by him prior to such
retirement, then the monthly pension assigned him shall be fixed at such a
rate that when added to his monthly pay the total shall not exceed the full
amount of pay received by him prior to such retirement. [93 v. 78.]
2030-17) SEC. 9. [Permanent retirement of member; monthly
pension; subject to rules and regulations of police department; suspen-
sion of pension.] Any member of the police department who has reached
the age of sixty (60) years or over may, after twenty-five (25) years of faithful
service in such police department, upon written application to said board or
committee, be relieved from all further services in the police department, and
the board of trustees, upon such member being so retired, shall order the pay-
ment to such retired member of a monthly pension equal in amount to one-
half of the monthly salary which was received by such retired member imme-
unately prior to the date of his retirement. That any member of the police
6.
994
§ (2030—18).
POLICE BOARDS AND OFFICERS. Tit.XII,Div.5,Ch.5.
department who from any cause mentioned in this act, is retired from active
duty and pensioned, shall be subject to the rules and regulations of the police
department, as to his conduct and behavior, and the said board or committee
shall have the power to suspend the payment of pensions, either in whole or
in part, as a punishment for the violation of the said rules and regulations, or
shall have the power to pay the same in whole or in part, to the family of such
pensioner, in case such pensioner does not properly support his said family.
[93 v. 79.]
(2030-18) SEC. 10. [Pension of widow; minor children; dependent
mother; dependent father; final decision of question of dependency.]
If any member of the police department shall, while in discharge of his
duties, be killed, or shall die from the effects of an injury, so received, or shall
die of any disease contracted from exposure while in the performance of his
duties, or if an honorably retired member of the police department shall die
from any such cause, and such deceased member shall leave a widow, such
widow shall, while she remains unmarried, be entitled to receive a monthly
pension equal in amount to one-half the monthly pay of such deceased mem-
ber immediately prior to his death or retirement. That if such member, so
killed or dying, does not leave a widow, but leaves a minor child or children,
under the age of sixteen (16) years, then such minor child or children shall
each, until they arrive at the age of [sixteen] (16) years, be entitled to receive
a monthly pension of six (6) dollars. That if such member, so killed or dying
does not leave a widow or minor child under the age of sixteen (16) years, but
leaves a mother, dependent upon him for support, then such dependent
mother shall, until she remarries, be entitled to receive a monthly pension of
twenty (20) dollars. That if such member, so killed or dying, does not leave
a widow or minor child under the age of sixteen (16) years, or a mother de-
pendent upon him for support, but leaves a father, dependent upon him for
support, then such dependent father shall be entitled to receive a monthly
pension of twenty (20) dollars. That the board of trustees of the policemen's
pension fund shall hear [have] the final decision in all questions of dependency
arising under this section. [93 v. 79.]
(2030-19) SEC. 11. [Prorating of payments.] If at any time
there is not sufficient money or bonds to the credit of the pension fund to pay
to each person entitled to receive pensions, as herein before stated, the full
amount of their several pensions, then, and in that event, the board of trustees
shall order the payment of an equal percentage of such pensions, to each pen-
sioner, until said pension fund is so replenished as to warrant the payment
of the full amount of said pensions. [93 v. 80.]
(2030-20) SEC. 12. [Exemption from attachment, execution, etc.]
No portion of the policemen's pension fund shall, either before or after its
order of disbursement by the board of trustees to pensioners, under this act,
be liable to be seized, taken, held, detained or levied upon by virtue of any
attachment, execution, or by any other legal process or proceedings, for the
payment or satisfaction, in whole or in part, of any debt, claim or demand, or
of any fine or emercement imposed upon such pensioner. [93 v. 80.]
(2030-21) SEC. 13. [Power to invest fund in bonds.] The board
of trustees of the policemen's pension fund, in each of said cities, shall have
power to invest from time to time such portion thereof as it may seem to
the said board desirable to invest, which investment of said funds shall be
made in interest bearing bonds of the United States, or of the state of Ohio,
or in bonds issued by any county, city, village or township of the state of Ohio,
in pursuance to law, or in mortgage on unincumbered real estate, located in
the state of Ohio, and worth, in the judgment of the board of trustees, at least
twice the amount to be loaned thereon. All such investments shall be made
in the corporate name of the board of trustees, and all moneys drawn from the
995
Tit. XII,Div.5,Ch.6. REFORMATORY INSTITUTIONS, ETC. §(2030—22).
treasury of such board, whether for the purpose of investment, or for paying
pensions or expenses, shall be drawn by written order upon the treasurer, to
be signed by the president and countersigned by the secretary. [93 v. 80.]
(2030-22) SEC. 14. [Vacancies in board or officers of board.] In
case any vacancy shall occur in the members of the board of trustees, or in
the officers of said board, the remaining members of the board shall have
power to fill such vacancy until a successor is duly elected at the next ensuing
annual election. [93 v. 80.]
(2030-23) SEC. 15. [Beneficiaries under act.] Any disabled or
retired member of the police department in any city, to which this act is ap-
plicable, or the widow, minor child or children, under the age of sixteen (16)
years, or the dependent mother or father of a deceased member who, at the
time when this act takes effect, shall, under the provisions of acts then in force,
be drawing pensions, for causes set forth in this act, shall each be and are
hereby made beneficiaries under the provisions of this act. [93 v. 80.]
CHAPTER 6.
REFORMATORY INSTITUTIONS AND PRISONS.
SUBDIVISION I.
Houses of refuge and correction established since May 7, 1869, or to be hereafter established.
SUBDIVISION II. Houses of refuge established previous to May 7, 1869.
SUBDIVISION III. Corporation prison and station-houses.
SUBDIVISION IV.
Work-houses.
SUBDIVISION I.
SECTION
2031.
2032.
General authority.
Directors.
2033. Their qualifications, etc.
2034.
2035.
President, clerk, etc.
Contracts.
2036. Erection of buildings.
2037. Separate male and female apartments.
2038. Also separate buildings.
2039. Superintendent and other officers.
2040. Rules and regulations.
2041. Appropriations to be approved.
2042. How books kept.
2043. Quarterly statement to council.
2044.
Accounts to be balanced and reported.
2045. Superintendent to have control.
His responsibility.
SECTION
2057. Infants placed in refuge instead of jail.
2058. Disposition when refuge full.
2059.
Statement of age, residence, etc.
2060. Record of commitment.
2061.
Duration of commitment to reformatory institu-
tion, discharge, etc.
2062. How minors employed.
2063.
2064.
May be apprenticed.
Committee on indentures.
2065. When indentures canceled.
2066. When infants returned to institution.
2067. Arrest of fugitives.
2068.
Stubborn infant: how dealt with.
2069. Sheriff to notify prosecuting attorney of ar
rest, etc.
2070. Stubborn infants: final disposition.
2071. How expenses paid.
2072.
Deficiency: how raised.
2073. Return to habeas corpus.
2074. Commitment: how far examinable.
2075. Aggrieved party may apply to board.
2046.
201
Deputy superintendent.
2019.
2010. Notice of completion of buildings.
Removal of officers.
2050. When infants received.
2051. When confined.
2052. When put to hard labor.
2076.
Decision as to the application.
2053.
Duration of confinement.
2077.
Action against directors.
2053-1. Authority to commit children to houses of
refuge; proviso.
2078.
Costs in such cases.
2079.
When real estate may be sold.
2053-2. Houses of refuge in municipalities may re-
ceive children.
2080. Deed; proceeds of sale.
2081.
2054. Commitment on finding of grand jury.
Action against directors: where brought; serv-
ice.
2055. Commitment by court.
2056. But infant may have trial.
2082. This subdivision not to affect houses under act
of 1857.
2086.
2087.
SUBDIVISION II.
Term of office; vacancies.
Directors of house of refuge to remain in office
until their successors are appointed; manner
of receiving infants under sixteen years of
age.
2083. Houses of refuge under act of 1857.
2084. Tax to purchase real estate: males and females
to be kept separate; subscriptions; vested
rights.
2085 Board of directors; their appointment, etc.
2085-1. Directors of house of refuge in Cincinnati.
2088. Powers and duties of board.
996
Tit. XII.
REFORMATORY INSTITUTIONS, Erc.
Div.5,Ch.6.
SECTION
2089. City liable for debts; exemption from ta
tion; as to treasurer's fees.
2090. Certain sections of the Revised Statutes to be
made applicable to houses of refuge.
2090-1. Station-houses for detention of women and
female children in certain cities.
2090-2.
Police matrons.
2090-3. Rooms for matrons.
SECTION
2090-4. Requirements for appointment as matron.
2090-5. Term of office of matrou; dismissal; to
whose authority subject.
2090-6. Salary of matron; provisions for confine-
ment of women and children.
2090-7.
Right and duty of matron in city having
work-house or house of detention.
SUBDIVISION III.
2091. Powers of council; who to have con ol
such prisons.
2092. Sustenance of prisoners.
2093.
2094.
Provision to be made by council.
Disposition of prisoners where there is no
work-house.
SUP IVISION IV.
2095.
Establishment of work-houses.
2104.
2096.
Work-house directors.
2096a. Work-house directors abolished; where, etc.
2097. Directors; appointment, term.
2105.
2106.
2098.
Powers and duties.
2107.
2099. Who shall be sentenced to work-house.
2099a. Expense of maintenance of persons sentenced
to work-house in certain cities.
20996. Cruelty, etc.; who shall be sentenced for.
2099c. Appropriation for dependents of prisoners
committed to Cleveland work-house etc.
2100. Labor of prisoners sentenced to work-house;
their discharge.
2100a. Parole of prisoners in work-house.
21006. Fines paid by persons sentenced to work-house.
2100c. Cumulative sentence; habitual offender.
2100d. Parole of offenders.
2100e. Classification, etc., of prisoners; promotion;
general regulations.
2101. Prompt commitment; fees.
2102. Discharge, and record therof.
2103. Escape, or attempt; punishment.
MUSKINGUM
2107a(3). Commissioners authorized to unite with Zanes-
ville in erection and maintenance of a work-
house.
2107b(2). Board of directors.
2107c(2). Appointment of board; terms of members.
2107d(2). President and secretary and clerk of board.
2107e(2). Contracts.
21077. Superintendent and other employes.
Rules and regulations.
Quarterly statements.
2107a.
2107h.
Books: how kept.
2107i.
2107j.
Annual report.
2107k.
Powers and duties of superintendent.
2107.
2107m.
2107n.
Genera, powers of superintendent.
Deputy superinter dent.
Removal of officers; employes.
21070. Costs of maintaining such work-house: how paid;
levu of tax; dividing deficiency in products of
work-house.
2107p. Inmates from other counties.
2107q. Counties and cities having no work-house may
make provision for care of prisoners in work-
house of other county, etc.; payment of expenses ;
jees of officers.
2107r. Sentence and order of court in such cases; credits
on fines.
2107s. Warrant for commitment and detention; confine-
ment in jail.
Expenses of maintaining work-house: how
paid; per diem o be paid: how fixed
Officers to have police powers
Infants received where no house of refuge.
Commissioners may unite with city in erecting
work-house.
2107a(1). City or district work-house may receive persons
sentenced from other counties.
2107a(2). Commissioners of counties may unite in erecting
a work-house; submitted to electors.
21076(1). Board of directors.
2107c(1). Board to determine location, estimate cost, and
certify same to county commissioners; com-
missioners to make levy; may issue bonds;
the cost of maintaining: how paid.
Directors may enlarge buildings or grounds;
may admit other counties.
2107d(1).
2107e(1).
COUNTY.
Who shall be confined therein; term; pro-
cedure when sentenced by court of common
pleas; when convicted by any other court;
may be confined in jail a reasonable period.
2107t. Payment of fines and costs.
2107u. Improvement, etc., of grounds, buildings, etc.
2107v. Fees of officers.
2107w. Work-house directors may provide for parole
of prisoners.
GREENE COUNTY.
2107-1. Commissioners of Greene Co. may issue
bonds.
2107-2. Term and rate of interest.
2107-3. When bonds sold; money, how to be ex-
pended.
2107-4. Levy of tax for payment of bonds.
2107-5. Expenses of work-house; how defrayed
2107-6.
Control of work-house.
2107-7. Directors; how appointed; term.
2107-8. To establish rules.
2107-9. Duty of officer: fees of, how paid.
2107--10. President of board; superintendent of work-
house; guards.
2107-11. Convict allowed what; duty of superintend-
ent.
2107-12. Duties of board.
2107-13. Powers of board; report.
2107-14. Powers of superintendent, etc.
2107-15. Levy of tax.
2107--16. Additional powers of the board.
2107-17. Clerk of the board.
City farm school in Cleveland, see ? (2112—1) et seq.
Members of legislature ineligible to be trustees, see ? (18—1).
Only ten per cent. of employes to be from same county, see ? (633-1).
Native live stock must be purchased for food consumption, see ? (633-2.
Manufacture of knit and woolen goods by inmates limited, see ? (633-4) et seq.
Limit of number of inmates who can be employed in making goods, see ? (7432−−1).
Inspection by county commissioners and boards of health, see ? (633-1) et seq.
Inspection of houses of detention or work-houses for women by the police matrons,
see % (2090—7).
Board of state charities to examine management and condition of, see ? 656.
Also officers of may be required to furnish board of state charities or its secretary
such information as it may require, see ? 650.
Plans for new or for additions or alterations before adoption must be submitted to boar
of state charities, see? 656.
Springfield may issue police department bonds; question submitted to electors; 3
v. 545.
997
Tit. XII,Div.5,Ch.6. REFORMATORY INSTITUTIONS, ETC. §§ 2031-2036.
SUBDIVISION I.
For "
HOUSES OF REFUGE AND CORRECTION ESTABLISHED SINCE MAY 7,
1869, OR THAT MAY BE HEREAFTER ESTABLISHED.
an act giving authority to courts or officers to commit children to houses of refuge"
(73 v. 143), see ? (2053—1) et seq.
Board of state charities to examine management and condition of, see ? 656.
Houses of refuge and correction established since May 7, 1869, are governed by 2031-2082 of the
Revised Statutes, while those established prior to May 7, 1869, are governed by 2083-2090 as amended:
House of Refuge v. Ryan, 37 O. S. 201.
SEC. 2031. [General authority.] The council of any city or village
shall have power to establish, erect, and maintain houses of refuge and cor-
rection, and for such purpose may acquire, hold, and possess lands outside of
the limits of the corporation as well as within the limits. [66 v. 187, §219;
68 v. 90, §1; (S. & C. 1519).]
SEC. 2032. [Directors.] The management of houses of refuge and cor-
rection, and the management and care of the inmates thereof, the erection and
enlargement of any building as a house of refuge and correction, or any addi-
tion thereto, repairs, and furnishing thereof, erection of any work-shops and
furnishing the same with the necessary machinery and tools, and the cultiva-
tion and improvement of any grounds therewith connected, shall be vested in
a board of five directors, to be called the "Board of Directors of the House of
Refuge and Correction." [66 v. 187, § 220; (S. & S. 869).]
In Cleveland these institutions to be in charge of the department of charities and cor-
rection, see ? (1545—66) et seq.
SEC. 2033. [Their qualification, appointment, term of office, etc.]
The directors shall be freehold electors of the corporation; appointed by the
mayor, with the consent of the council; hold their offices for the term of five
years, except that at the first appointment, one director shall be chosen for one
year, one for two years, one for three years, one for four years, and one for five
years; annually thereafter one director shall be appointed; a majority of the
directors shall constitute a quorum; and they shall not receive any compensa-
tion for their services. [66 v. 187, § 221; (S. & S. 869).]
SEC. 2034. [President, clerk, and other officers.] The board shall
elect, annually, at the first regular meeting in May, one of their members as
president; and at the same meeting appoint a secretary and clerk, who shall
make a complete record of all its proceedings, and such other officers as may be
necessary, and fix the compensation for their services, which compensation shall
be subject to the approval of the council. [67 v. 75, § 222.]
SEC. 2035. [Contract.] Contracts may be made by or on behalf of the
board; but it shall be essential to the validity of every such contract that the
same has been assented to at a regular meeting, by a majority of all the mem-
bers, and a minute thereof entered on the journal of its proceedings. [66 v.
187, § 223.]
See @ 2090.
SEC. 2036. [Erection of buildings, etc.] In the erection of a building
as a house of refuge and correction, or any addition thereto or enlargement
thereof, in the repair and furnishing of the same, and in the erection of any
shop and providing the same with machinery and tools, the board shall have
the same powers, be governed by the same regulations, and perform the same
duties, so far as applicable, as are prescribed for the government of trustees of
hospitals in division six of this title; and the powers of the council in relation
to the erection and repair of such buildings, and the conduct of the board,
shall be the same, so far as applicable, as prescribed in relation to the erection
and repair of buildings for hospital purposes. [66 v. 187, § 224.]
See ? 2090.
998
3
§§ 2037-2045. REFORMATORY INSTITUTIONS, ETC. Tit.XII,Div.5,Ch.6.
Officers of, may be required to furnish board of state charities or its secretary such in-
formation as they may request, see 2656.
SEC. 2037. [Separate male and female apartments.] In the erection
of any such buildings, and any addition thereto, or any enlargement thereof,
the board may so construct the same that the male and female inmates shall be
provided with separate apartments and accommodations; and the grounds there-
with connected shall be so separated, by partition walls or fences, that the males
and females may be enabled to occupy separate portions thereof. [66 v. 188,
$ 225.]
SEC. 2038. [Also separate buildings.] Whenever in the opinion of
the board it is advisable to provide separate building[s] for the accommodation
of males and females, such buildings shall be erected at least one-fourth of a
mile apart, and the grounds around each shall be inclosed by suitable walls or
fences. [66 v. 188, § 226.]
SEC. 2039. [Superintendent and other officers.] The board shall have
power to appoint a superintendent, deputy superintendent, and such subordi-
nate officers, guards, and employees as may be necessary, fix their compensation
and prescribe their duties, and to make all such regulations for their manage-
ment and government as it may deem expedient. [66 v. 188, § 227.]
SEC. 2040. [Rules and regulations.] The board shall have power to
make, establish, and enforce rules and regulations for its own government, and
the government and control of the institution, its officers and inmates, and
make contracts for supplies, and the labor of the inmates. [66 v. 188, § 228.]
SEC. 2041. [Appropriations, etc., to be approved.] No appropriation
of money for any purpose other than the ordinary and necessary expenses and
repairs of the institution, and no by-law, rule, or regulation which the board
may establish, shall be of any validity until approved by the council. [67 v.
75, § 229.]
SEC. 2042. [How books kept.] The books of the institution shall be so
kept as to clearly exhibit the time, state, and condition of the inmates, the
number received and discharged, and for what cause committed, the number
employed as servants or in cultivating the premises, the number employed in
each branch of industry carried on, and the receipts from and expenditures for
and on account of each department of business, or for the improvement of the
premises. [66 v. 188, § 230; (S. & S. 870).]
SEC. 2043. [Quarterly statement to council.] The board shall cause a
quarterly statement to be made, specifying minutely all receipts and expendi-
tures, from whom and for what purpose received, and to whom and for what
purpose paid, with proper vouchers for each item, and submit such statement,
properly certified, to the council for examination and approval. [66 v. 188,
§ 231; (S. & S. 870).]
SEC. 2044. [Accounts to be balanced and reported.] The accounts of
the institution shall be annually closed and balanced on the first Monday of
January in each year, and full reports of the preceding year shall then be made
and submitted to the council, which shall be published in the official paper of
the corporation, or in such other form as council may direct; and the council
may require such other reports and exhibits of the condition and management
of such institution as may seem proper. [66 v. 188, § 232; (S. & S. 870).]
SEC. 2045. [Superintendent to have control.] The superintendent of
the institution shall have the control and management of its affairs, subject to
the laws and ordinances of the corporation, and the rules and regulations
adopted by the board for its government; and it shall be his duty to obey all
written orders and instructions of the board not inconsistent with the laws,
999.
Tit. XII,Div.5,Ch.6. REFORMATORY INSTITUTIONS, ETC. §§ 2046-2050.
rules, and regulations relating to the government of the institution. [66 v.
188, § 233; (S. & S. 870).]
SEC. 2046. [His responsibility.] The superintendent shall be respon-
sible for the manner in which the institution is managed and conducted, shall
reside at the same, devote his time and attention to the proper business thereof,
and visit and examine into the condition of every department thereof, and of
each person confined therein, daily, or as often as good order or necessity may
require, and he shall exercise a general supervision and direction in regard to
all matters of discipline, police regulation, and business of the institution.
[66 v. 189, § 234; (S. & S. 870).]
SEC. 2047. [Deputy superintendent.] In the absence or inability of the
superintendent, the deputy superintendent of the institution shall, so far as
relates to the discipline thereof, perform the duties of the superintendent.
[66 v. 189, § 235.]
SEC. 2048. [Notice of completion of building.] When a house of refuge
and correction has been erected, as provided herein, and is so far complete as
to insure the safe confinement and employment of the persons intended to be
confined therein, the board shall cause notice of that fact to be published in
some newspaper of general circulation in the corporation and county. [66 v.
189, § 236.]
SEC. 2049. [Removal of officers.] The board may, for misconduct or
willful neglect of duty, and upon sufficient proof thereof, remove any officer or
employe of the institution, except the superintendent thereof, who shall be
removed for the causes and in the manner provided for the removal of city
officers; and any employe of the superintendent may be discharged at his dis-
cretion; but no officer shall be removed by the board until he has had an
opportunity to be heard in his defense. [66 v. 189, § 237; (S. & S. 870).]
See ? 1749.
SEC. 2050. [When infants received.] The board may, at its discretion,
receive into such institution infants under the age of sixteen years, committed
to their custody in either of the following modes, to wit:
1. Infants committed by the mayor of the corporation, or any judge or
justice of the peace of the county, on complaint and due proof by the parent,
guardian, or next friend of such infant, that, by reason of incorrigible or vicious
conduct, such infant has rendered his control beyond the power of such parent,
guardian, or next friend, and made it manifestly requisite that, from regard to
the future welfare of such infant, and for the protection of society, he should
be placed under the guardianship of the board of directors of such house of
refuge and correction.
2. Infants committed by the authorities aforesaid, where complaint and due
proof have been made that such infant is a proper subject for the guardianship
of the directors of such institution, in consequence of vagrancy, or of incor-
rigible or vicious conduct, and that from the moral depravity of the parent,
guardian, or next friend, in whose custody such infant may be, or other cause,
such parent, guardian, or next friend is incapable or unwilling to exercise the
proper care and discipline over such incorrigible or vicious infant.
3. Infants who are without a suitable home and adequate means of obtain-
ing an honest living, or who are in danger of being brought up to lead an idle
or immoral life, may be committed to the guardianship of the directors of such
institution, by the trustees of any township within the county in which such
institution is situated, or by the mother, when the father is dead, or has aban-
doned his family, or does not provide for their support, or is an habitual drunk-
ard. [66 v. 189, $238.]
See note to Prescott v. State, 19 O. S. 184, under 2 2054.
This section is applicable to both classes of houses of refuge, viz: Those established since May 7, 1869,
and those established prior to May 7, 1869: House of Refuge v. Ryan, 37 O. S. 201.
1000
§ 2051.
REFORMATORY INSTITUTIONS, ETC. Tit. XII,Div.5, Ch.6.
Infants committed to a house of refuge under 2050, Revised Statutes, for "incorrigible conduct,” are
not committed for offenses against a law of the state" within the meaning of 2071, Revised Statutes, and
hence, they must be supported as provided in 2 2072, Revised Statutes, and not by the county: State v. Schlat-
terbeck, 39 O. S. 268.
SEC. 2051. [Infants may be confined after conviction.] An infant
under the age of sixteen years, convicted of a misdemeanor, or an offense pun-
ishable by imprisonment under an ordinance of the city, or who has been
ordered to be committed as prescribed in the last section, may be confined in
such house of refuge and correction, under such rules and regulations as the
directors may prescribe; and the directors shall receive and take charge of any
children committed to their custody by any court or officer, under a law of the
state. [67 v. 75, § 239; (S. & C. 689).]
Sections 2051, 2052, and 2053 provide for commitment of those infants convicted of crimes and offenses:
House of Refuge v. Ryan, 37 O. S. 202.
SEC. 2052. [When infant may be put to hard labor.] A minor, over
the age of sixteen years, convicted of a violation of any ordinance, and liable
to be punished therefor by imprisonment, or who may be liable to imprison-
ment for neglect or refusal to pay a fine imposed for the violation of an ordi-
nance, may, in lieu thereof, be committed to the house of refuge and correction,
and put to hard labor, in such manner as may be prescribed by ordinance of
the council. [66 v. 190, § 240.]
SEC. 2053. [Confinement of infants until of age.] Any infant, under
the age of sixteen years, who may be liable to confinement in the jail in any
county in which a house of refuge and correction is situated, or in the peniten-
tiary of the state from such county, or at the reform farm, may, at the discretion
of the court, or magistrate, giving sentence, be placed in such institution until
of legal age, under the exclusive control and guardianship of the directors
thereof. [66 v. 190, § 241.]
See ?2090.
(2053-1) [Authority to commit children to houses of refuge; proviso.]
All courts or officers, who, by virtue of law now in force or hereafter to be en-
acted, have authority to commit infants to the care and guardianship of boards
of directors of houses of refuge, or to the board of commissioners for reform
schools, shall have the same power to commit such infants to the care and
guardianship of the board of directors of any house of refuge and correction in
the state of Ohio, organized and erected by a municipal corporation with which
the state of Ohio shall have made arrangements for the custody and care of
such infants, that they now have to commit such youth, either to the custody
of the board of commissioners of reform schools, or the directors of any house
of refuge, whether such house of refuge and correction be located within the
county where such commitment is made or not; provided, that all youths
committed to any house of refuge under the provisions of this act who shall
be, or whose parents or guardians shall be at the time of such commitment
resident of any city or municipal corporation where such house of refuge
is located, shall be kept and maintained at the expense of such city or mu-
nicipal corporation. [73 v. 143.]
(2053-2) [Boards in municipalities may receive children.] It shall
be lawful for the board of directors of any house of refuge and correction situ-
ate in any municipal corporation, with which the state of Ohio shall have
made arrangements for the custody and guardianship of infants under the
age of sixteen years, as provided in the preceding section, to receive into
their care and guardianship all such infants committed to their custody. [73
v. 143.]
1001
Tit.XII, Div.5,Ch.6. REFORMATORY INSTITUTIONS, ETC. §§ 2054-2059.
SEC. 2054. [Commitment on recommendation of grand jury.] If
accusation of the commission of a crime is made against an infant under the
age of sixteen years, before the grand jury of the county in which such house
of refuge and correction is situated, and the charge appears to be supported by
evidence sufficient to put the accused upon trial, the grand jury may, in its
discretion, instead of finding an indictment against the accused, return to the
court that it appears to them that the accused is a suitable person to be com-
mitted to the guardianship of the directors of the house of refuge and correc-
tion, and the court shall thereupon, on notice to the minor, and an opportunity
to be heard, but without a jury, order such commitment. [66 v. 190, $242;
(S. & C. 690).]
See ? 2090.
This section is not repugnant to either 25 or 2 10, Art. I, of the Constitution: Prescott v. State, 19 O. S. 184.
SEC. 2055. [Commitment by court in certain cases.] If an infant,
under the age of sixteen years, be arraigned for trial in a court having criminal
jurisdiction in a county in which a house of refuge and correction is situated,
on a charge of a violation of any criminal law of this state, or ordinance of
the corporation, the judge may, with the consent of the accused, arrest, at any
stage of the cause, further proceedings upon the part of the prosecution, and
commit the accused to the guardianship of the directors of such institution.
[66 v. 190, § 243; (S. & C.690).]
See ? 2090.
SEC. 2056. [Infants entitled to private examination and trial.] In-
fants under the age of sixteen years who are accused of an offense punishable
by imprisonment in a county in which a house of refuge and correction is sit-
uated, shall be entitled to a private examination and trial, to which only the
parties shall be admitted, unless one of the parents, the guardian, or other legal
representative demands a public trial, in which case all proceedings shall be in
the usual form. [66 v. 191, § 244; (S. & C. 690).]
See ? 2090.
SEC. 2057. [Infants placed in refuge instead of jail.] An infant
under the age of sixteen years who is committed for trial, or as a witness, in a
county in which a house of refuge and correction is situated, shall be placed in
such institution subject to the order of the court making such commitment,
and in no case in the county jail. [66 v. 191, § 245; (S. & C. 690).]
See 22090.
SEC. 2058. [Disposition when refuge full.] If at any time a house of
refuge and correction have as many infants under its charge as can be conven-
iently accommodated therein, or as many as the funds of such institution are
adequate to maintain, the board shall not be required to receive other infants,
but shall order their chief officer to return that fact to any magistrate, court or
person authorized to commit, who shall have sent an infant to such institu-
tion; and thereupon the case of such infant shall be disposed of as if this
chapter had not been enacted, and as if no proceedings had taken place under
it. [66 v. 191, § 246; (S. & C. 690).]
See 22090.
SEC. 2059. [Statement of age, residence, cause, etc., to be furnished.]
In all cases where an infant is committed to the instruction and discipline of
a house of refuge and correction, under the guardianship of the directors
thereof, the court or judge ordering such commitment shall, at the same time,
furnish to the directors or officers of such institution a true statement, in
writing, of the age of such infant, and the reason for such commitment;
and until such statement is furnished, the directors or officers aforesaid may
decline to receive such infant. [66 v. 191, § 247; (S. & C. 690).]
See 2090.
1002
SS 2060-2064. REFORMATORY INSTITUTIONS, ETC. Tit.XII, Div.5, Ch.6.
SEC. 2060. [What record of commitment shall contain.] In all cases
where the commitment is ordered by an official person whose proceedings are
usually evidenced by a record, or where the occasion of the commitment is a
criminal charge against the infant, no other record shall be made, unless
demanded by the infant, or his parents, or guardian, than that, in substance, such
infant (naming him), who, on a day therein named, was of the age of
years, having been brought before such court or officer, and the court or officer
having ascertained by the testimony of the witnesses therein named, that such
infant was a suitable person to be committed to the discipline and instruction
of the house of refuge and correction, under the guardianship of the directors
thereof, such infant was so committed, and delivered to the charge of such
directors. [66 v. 191, §248; (S. & C. 690).]
See 22090.
SEC. 2061. [Duration of commitment to reformatory institution; dis-
charge, etc.] No commitment of an infant to a house of refuge and correction
shall be for a shorter period than 'til [until] such infant shall be reformed or
attain the age of majority except in case of infants committed to await their
trial, or as witnesses, and except in such cases as the board may by its general
rules, provide; but any infant by whomsoever or for whatever cause commit-
ted may at any time be discharged upon order of the board, duly entered upon
its minutes or may by order of the said board duly entered upon its minutes,
be permitted to leave such institution until directed to return thereto by said
board or the superintendent of such house; but said permission shall not in
any way be construed to be a discharge from the said house and from the
guardianship of the board of directors thereof. [1881, April 20: 78 v. 253;
Rev. Stat. 1880; 66 v. 191, § 249; (S. & C. 691).]
See ? 2090.
The statute under which proceedings and commitment of homeless children are authorized, is not repug-
nant to 14 or 216, Art. I. of the Constitution, as the law provides a full and complete remedy by habeas
corpus for any infringement of parental rights: House of Refuge v. Ryan, 37 O. S. 197.
On the hearing of habeas corpus, the father, if an unsuitable person, is not entitled to the custody of
such child on the ground that he had no notice of the proceedings under which the child was committed to
the house of refuge: Ib.
SEC. 2062. [How minors employed.] The board shall have power to
place infants committed to its care, during their minority, at such employment
for account of the institution or otherwise, and cause them to be instructed in
such branches of useful knowledge, as may be suited to their years and capac-
ities. [66 v. 192, § 250; (S. & C. 691).]
See ? 2090.
SEC. 2063. [Board may bind them as apprentices.] The board shall
have power, at discretion, to bind out the said infants committed to its care, with
their consent, as apprentices during their minority, to such persons and at such
places, to learn such proper trades and employments as in its judgment will be
most conducive to their reformation and amendment, and as will tend to the
future benefit and advantage of such infants. [66 v. 192, § 251; (S. & C. 691).]
See ? 2090.
any
SEC. 2064. [Committee on indentures.] The board shall, for such pur
pose, have power to appoint a committee of one or more of its number, with
power to execute and deliver, on behalf of the board, indentures of apprentice-
ship for
infant in such institution whom it may deem a proper person for
an apprenticeship; such indentures shall have the like force and effect as other
indentures of apprenticeship under the laws of Ohio; the indentures shall be
filed and kept in the office of such institution, and it shall not be necessary to
file or record them in any other place or office. [66 v. 192, § 252; (S. & C. 691).]
See ? 2090.
1003
Tit. XII,Div.5,Ch.6. REFORMATORY INSTITUTIONS, ETC. §§ 2065-2071.
SEC. 2065. [When indentures to be canceled.] In case an infant so
apprenticed prove untrustworthy and unreformed, the board may, at its discre-
tion, permit such infant to be returned to such house of refuge and correction,
to be held in the same manner as before such apprenticeship, and may there-
upon order the indentures for such infant to be canceled. [66 v. 192, § 253;
(S. & C. 691).]
See 22090.
SEC. 2066. [When indentured infant returned to institution.] If, in
the opinion of the board, an infant apprenticed by it has an unsuitable home, or
if the person to whom such infant is indentured becomes unfit or incapable to
properly raise or take care of such infant, the directors may, at their discretion,
return such infant to the institution from which it was indentured. [66 v. 192,
§ 254; (S. & C. 691).]
Seo & 2090.
SEC. 2067. [Arrest of fugitives from refuge or apprenticeship.] A
fugitive from a house of refuge and correction, or a fugitive from apprentice-
ship under indentures executed as above provided, may be arrested and returned
to such institution by a sheriff or constable of any county in this state, or
police officer of the corporation, or officer of such institution, on the written
order of two directors of such institution, directed to such officer, and may be
delivered to the custody of such officer of the house of refuge and correction as
the directors may name. [66 v. 192, § 255; (S. & C. 691).]
See ? 2090.
SEC. 2068. [Stubborn infant: how dealt with.] When an infant is
convicted of an offense against the laws of this state, punishable with imprison-
ment in the penitentiary, or in the jail of the county where such house of
refuge and correction is situate, and, under existing laws, is sent to the house
of refuge and correction, instead of the penitentiary or jail, and refuses to sub-
mit to the rules of the institution, and proves to be stubborn and irreclaimable,
in the opinion of a majority of the board, such infant may, by its order, be
delivered into the custody of the sheriff of the county, with a written state-
ment of the cause of commitment, and of the conduct and character of such
infant, as exhibited in such institution, which statement shall be prepared and
signed by the superintendent. [66 v. 193 (192), § 256.]
See ? 2090.
SEC. 2069. [Sheriff to notify prosecuting attorney in such case.] It
shall be the duty of the sheriff to receive such infant into his custody, and file
the statement in the office of the clerk of the court of common pleas, or in the
office of the clerk of the court in which such infant was tried, and to notify the
prosecuting attorney of the county thereof. [66 v. 193, § 257.]
See ? 2090.
SEC. 2070. [Stubborn infants: final disposition.] The prosecuting at-
torney on receiving such notice shall cause such infant to be brought before.
the court of common pleas, or before the court in which such infant was tried,
to receive the sentence which the court deems just, according to the law, for
the offense of which such infant was convicted as aforesaid. [66 v. 193, § 258.]
See ? 2090.
SEC. 2071. [How expenses shall be paid.] The expense of maintaining
infants committed to a house of refuge and correction, by a court or magistrate
of the county in which such institution is situated, or by the police or other
court of the corporation, for offenses against a law of the state, or for trial, or
as a witness, shall be paid by the county; and the expense of infants committed
1004
§§ 2072-2077. REFORMATORY INSTITUTIONS, ETC. Tit.XII, Div.5, Ch.6.
by [township trustees shall be paid by the township, and of those committed
by] parents and guardians shall be paid by them, except in cases where the
board otherwise determine; all which expense shall be ascertained and fixed
by the board. [66 v. 193, § 259; (S. & C. 691).]
The county can not be compelled to pay the expenses of infants committed to a house of refuge and
correction under 2 2050, Revised Statutes, for "incorrigible conduct." Such infants must be supported as pro-
vided in 22072, Revised Statutes: State v. Schlatterbeck, 39 O. S. 268.
SEC. 2072. [Deficiency: how raised.] The expense of maintaining and
administering the affairs of houses of refuge and correction, above the receipts
thereof, shall be audited and paid, from time to time, by the council of the
corporation; and a tax for such expense shall be levied and collected as a part
of the ordinary expenses of the corporation. [66 v. 193, § 260.]
See note to State v. Schlatterbeck, 39 O. S. 268, under ? 2071.
SEC. 2073. [Return to habeas corpus.] It shall be a sufficient return
to a writ of habeas corpus, directed to any person or officer, inquiring into the
cause or detention of an infant committed to a house of refuge and correction,
that the infant named in the writ was, on a day therein named, committed to
the guardianship of the directors of the house of refuge and correction, in the
city or village of (as the case may be), by the person or officer who exe-
cuted the commitment, naming him, until such infant should arrive at legal
age, and that that period has not arrived; but the court, nevertheless, or a judge
thereof, shall have the power on habeas corpus specified in section two thousand ·
and sixty-one. [66 v. 193, § 261; (S. & C. 692).]
See (2090.
SEC. 2074. [Commitment: how far examinable.] Where a commit-
ment has, in fact, been executed by a person authorized by this chapter to
execute it, the existence of the circumstances justifying its execution shall not
be otherwise examinable than in an action against the directors of such insti-
tution, as provided in this chapter; but the court or judge on habeas corpus
shall have the power mentioned in said section two thousand and sixty-one. [66 v.
193, § 262; (S. & C. 692).]
See ? 2090.
SEC. 2075. [Aggrieved party may apply to the board.] If a parent,
guardian, master to whom an infant has been apprenticed, a person occupying
the position of parent, protector, or guardian, in fact, or a relative by blood or
marriage, not further remote than first cousin to such infant, feels aggrieved
by the commitment of an infant to the directors of a house of refuge and cor-
rection, by a person authorized by this chapter to commit such infant, he may
make a written application to the board, at such time as the directors, by rule
or resolution, provide for hearing applications, not later than the next regular
meeting of the board, to have the infant delivered to him; which application
shall state the ground of the applicant's claim to the custody of such infant,
and the reason for claiming such custody. [66 v. 194 (193), § 263; (S. & C. 692).]
See 22090.
SEC. 2076. [Decision of application.] Within ten days after hearing
such application, the directors shall decide; and if they be of opinion that the
welfare of such infant will be promoted by granting the application, they shall
make an order to that effect; otherwise they shall decline the application.
[66 v. 194, § 264; (S. & C. 692).]
See ? 2090.
SEC. 2077. [Action against directors.] The applicant may, if the
application be declined, upon first giving security for the payment of costs,
commence an action against such directors in the court of common pleas or
superior court of the county in which the house is situated, for the recovery of
the infant, or his liberation; which action shall be conducted in all respects as
1005
Tit. XII,Div.5,Ch.6. REFORMATORY INSTITUTIONS, ETC. §§ 2078-2083.
actions under the code of civil procedure, except the case shall have precedence
of all others in the time of trial. [66 v. 194, § 265; (S. & C. 692).]
See ? 2090.
SEC. 2078. [Costs in such cases.] The costs of such action shall be
paid by the applicant, or out of the county treasury, unless the court certify in
the journal entry of the judgment, that the refusal of the directors to grant
the application of the plaintiff was plainly unreasonable, or the original
commitment manifestly improper and unnecessary, in which case the costs
shall be taxed against the party in fault, on notice to him. [66 v. 194, § 266;
(S. & C. 692).]
See ? 2090.
SEC. 2079. [When real estate may be sold.] The directors of a house
of refuge and correction shall have power with the approval of council to negoti-
ate for the sale of any real estate owned, or held by donation or purchase, for the
use and benefit of such house of refuge and correction, when such real estate is
not necessary for the accommodation of the inmates of such institution. [66 v.
194, § 267; (S. & C. 692).]
See ? 2090.
SEC. 2080. [Deed, and proceeds of sale.] The council shall thereupon
order the execution of a deed or deeds for such real estate, to the parties named
by the directors, in conformity to the terms agreed upon; and the proceeds of
such sale shall be placed in the corporation treasury, to the credit of the house.
of refuge and correction fund, and be held and disbursed as other funds are
held and disbursed, for such institutions. [66 v. 194, § 268; (S. & C. 692).]
See ? 2090.
SEC. 2081. [Action against directors: where brought; service.] Ac-
tions may be brought by and against the directors of the house of refuge and
correction, before any court of competent jurisdiction; and process may be
served by leaving a copy of the writ with a director, or at the office of such
institution, with any officer thereof. [66 v. 194, § 269; (S. & C. 692).]
See ? 2090.
SEC. 2082. [Act not to affect refuges heretofore established, except,
etc.] Houses of refuge and correction heretofore established and governed
under the provisions of an act entitled "an act to authorize the establishment
of houses of refuge," passed April 16, 1857, 54 v. 163, shall be governed by the
provisions of subdivision two of this chapter, and such provisions of this sub-
division as are made applicable to that subdivision. [66 v. 194, § 270.]
See note to House of Refuge v. Ryan, 37 O. S. 201, at the head of Subdivision 2, following.
SUBDIVISION II. HOUSES OF REFUGE ESTABLISHED PREVIOUS TO MAY 7, 1869.
For "an act authorizing courts or officers to commit children to houses of refuge" (73 v.
143), see ? (2053—1) et seq.
Houses of refuge and correction established since May 7, 1869, are governed by 23 2031-2082 of the
Revised Statutes, while those established prior to May 7, 1869, are governed by 22 2083-2090 as amended:
House of Refuge v. Ryan, 37 O. S. 201.
SEC. 2083. [Houses of refuge under act of 1857.] Houses of refuge
and correction heretofore established and governed under the provisions of the
act of April 16, 1857 (54 v. 163), entitled "an act to authorize the establishment
of houses of refuge" shall continue to be governed by the same provisions, as
here modified, which provisions so modified are as in this subdivision set forth.
[S. & C. 687.]
Section 8 of the act of April 16, 1857, to authorize the establishment of houses of refuge, and the statutes
subsequently enacted enlarging the operation of that act so as to authorize commitments to be made to the
State Reform Farm" from any county of the state, are not repugnant to either 2 5 or 210, Art. I, of the
Constitution: Prescott v. State, 19 O. S. 184.
(i
1006
§§ 2084-2087. REFORMATORY INSTITUTIONS. ETC. Tit.XII,Div.5, Ch.6.
SEC. 2084. [Tax to purchase real estate, etc.; males and females
kept separate; subscriptions; vested rights under former laws.] The
council of any city which has such house of refuge, established prior to May 7,
1869, may levy a tax for the purchase of additional real estate and the erection.
of any other or additional buildings that may be deemed necessary; and when-
ever it is deemed advisable to provide buildings for the accommodation of
both males and females, such buildings shall be at least one-fourth of a mile
apart, and be managed by separate boards of directors; but the council shall
not purchase such lands nor erect such buildings until fifty individuals sub-
scribe toward the building and support of such house of refuge, either twenty-
five dollars for life membership, or five dollars annually for seven years; and
such annual subscribers who have paid up their subscriptions shall be entitled
to life membership; similar subscriptions to aid in the maintenance and sup-
port of such house of refuge may, from time to time, be received by the direct-
ors, who shall have power to collect any subscriptions heretofore made for the
use and benefit of any such institution; and this subdivision shall not disturb
any rights and privileges enjoyed by subscribers to a house of refuge under any
former act. [54 v. 163, § 1; S. & C. 687.]
As to inspection by police matrons of houses of detention, see (2090—7).
SEC. 2085. [Board of directors; their appointment, etc.] Any house
of refuge already established, under the provisions of this subdivision, shall be
under the direction and control of a board of directors, consisting of nine mem-
bers, three of whom shall be appointed by the city council, two by the court
of common pleas, and two by the superior court of the county in which such
refuge may be situated; and in counties in which there is no superior court,
the city council shall appoint five directors, and the seven members so
appointed shall, by advertisement for six days in two daily papers, or by notice
through the post office of the city where such house of refuge may be situated,
call a meeting of the subscribers to such house of refuge, for the appointment
of two directors; and in case the subscribers fail to appoint, the directors
already appointed shall, after taking an oath of office before the mayor, organ-
ize, and appoint two directors. [54 v. 163, § 2; S. & C. 688.]
(2085-1) [Directors house of refuge in Cincinnati.] In cities of the
first grade of the first class, the mayor of such city shall appoint the three
members of the board of directors of the house of refuge of any such city here-
tofore appointed by the city council of such cities under section 2085 of the
Revised Statutes of Ohio. [88 v. 549.]
SEC. 2086. [Term of office; vacancies.] The directors shall hold their
office for three years, and until their successors are chosen and qualified;
vacancies which may happen in the board by death, resignation, or otherwise,
shall be filled by the remaining members; and in case the city or the sub-
scribers fail to fill any place vacated by the termination of any appointment,
within one month thereafter, such vacancy shall be filled by the board. [54 v.
163, § 2; S. & C. 688.]
SEC. 2087. [Directors of houses of refuge to remain in office until
their successors are appointed; manner of receiving infants under sixteen
years of age.] Directors of a house of refuge, now in office, shall continue in
office until the expiration of their respective appointments, and until their
successors are chosen and qualified. The board of directors of such house of
refuge may, at its discretion, receive into such institution infants under the
age of sixteen years committed to their custody in either of the following
modes, to wit:
First-Infants committed by the mayor or police court of a municipal cor-
poration, or any judge of a court of record, or any justice of the peace of any
1007
Tit. XII, Div.5, Ch.6. REFORMATORY INSTITUTIONS, ETC.
§ 2087.
county in the state, on complaint and due proof by the parent, guardian, or
next friend of such infant, that, by reason of incorrigible or vicious conduct,
such infant has rendered his control beyond the power of such parent, guard-
ian, or next friend, and made it manifestly requisite that, from regard to the
public welfare of such infant, and for the protection of society, he should be
placed under the guardianship of the board of directors of such house of ref-,
uge and correction.
Second-Infants committed by the authorities, aforesaid, when complaint
and due proof have been made that such infant is a proper subject for the
guardianship of the directors of such institution, in consequence of vagrancy,
or of incorrigible or vicious conduct, and that from the moral depravity of the
parent, guardian, or next friend, in whose custody such infant may be, such
parent, guardian, or next friend is incapable, or unwilling to exercise the proper
care and discipline over such incorrigible or vicious infant.
Third-Infants committed by the authorities, aforesaid, when complaint
and due proof has been made that such infants are homeless, or are without a
proper or suitable home, or have inadequate means of obtaining an honest liv-
ing, or who are in danger of being brought up to lead [an] idle or immoral
life, or who are abandoned by their parents, or on complaint of the mother of
such infants that their father is dead or has abandoned them, or does not pro-
vide for their support, or is an habitual drunkard, or that she is unable to prop-
erly support them.
Fourth-Every officer authorized to commit infants to the guardianship of
said directors shall keep a record of their proceedings in the manner directed
in this chapter, and shall furnish a transcript thereof, with the mittimus, to
said board of directors. The said mittimus shall state that the infant therein
named has been adjudged a proper subject to be placed under the guardianship
of said directors, and the officer receiving the same shall forthwith execute it
as provided hereinafter; and all officers so committing, excepting those receiv-
ing a stated salary, shall be entitled to fees as in criminal cases, payable out of
the county treasury on order of the county auditor.
Fifth-The transcript of such proceedings, and the mittimus, shall be signed
by such committing officer, and, together with the infant so committed, be
delivered to the custody of any constable or sheriff; and such officer shall
forthwith transport such infant to the institution to which it may be commit-
ted, and deliver the same, together with the said transcript and mittimus, to
the officer in charge of the same, and shall take his receipt therefor; and, upon
production of such receipt to the officer making such commitment, he shall
indorse thereon the costs of such officer in so transporting such infant, at the
same rate as allowed in similar cases; and, on presentation of such receipt so
indorsed to the county auditor of the county from which such infant shall be
sent, he shall at once draw his warrant upon the county treasurer of said
county for the amount therein named, and such receipt shall be his authority
for drawing the same; and, on presentation of such warrant to said treasurer,
he shall forthwith pay the same from any funds in his possession belonging to
said county.
Sixth-For the care and maintenance of all infants, other than those com-
mitted by the mayor or police court of a municipal corporation to which a
house of refuge may belong, for offenses against the ordinances of such corpora-
tion, such institution shall receive compensation from the county from whence
the commitment is made, which compensation shall be fixed by the board of
directors of such institution; and upon presentation of a certificate of the
number of infants, and amount due for the care and maintenance of the same,
signed by the officer in charge of such institution, to the county auditor of
the county from which such infants have been committed, he shall at once
draw his warrant for the amount therein stated, to the order of such officer,
and such certificate shall be his authority for so doing; and upon presentation
1008
$2088.
REFORMATORY INSTITUTIONS, ETC. Tit.XII,Div.5,Ch.6.
of such warrant to the county treasurer of such county, he shall forthwith pay
the same from any funds in his possession belonging to said county.
Seventh-The said board of directors may receive into such house, and
under their guardianship, infants under the age of sixteen years, upon the
request of their lawful guardians, without the intervention of a court; but
infants so received shall be subject to all the provisions of this act, as though
committed by a court of record; and such board, as often as they may deem
proper, may fix, demand, and receive compensation from guardians of infants
committed to their care, for the care and maintenance of the same. [1880,
April 15: 77 v. 217; Rev. Stat. 1880; 54 v. 163, § 2; (S. & C. 688).]
The proceedings and commitment of a minor, whose father is living, to the house of refuge, under the
third clause of 2087 of the Revised Statutes, as amended (77 v. 217), are not void for want of notice to the
father: House of Refuge v. Ryan, 37 O. S. 197.
The statute under which such proceedings and commitment of homeless children are authorized, is
not repugnant to 14 or 216, Art. I, of the Constitution, as the law provides a full and complete remedy by
habeas corpus for any infringement of parental rights: Ib.
SEC. 2088. [Powers and duties of board.] A majority of the board
shall be a quorum; a majority of the whole number of directors shall have
power to suspend or remove from office any member or officer of the board for
misconduct; the board may appoint a president and treasurer, and employ such
clerks and officers as are needful, and fix their salaries, make contracts for sup-
plies, improvements, and labor of inmates, and make, establish, and enforce
rules and regulations for the government and control of such house of refuge,
its officers and inmates, and the government of the board; but such rules and
regulations shall not be in force until approval by the court of common pleas
of the county, the mayor of the city, and, if there be a superior court in the
county, by the superior court; which approval of the mayor shall be evidenced
by his official signature, and that of the courts by an entry on their journal;
the board shall make yearly reports to the legislature and the city council of
the fiscal affairs, the management, condition, and influence of such house of
refuge, with statistics of the age, nativity, cause of commitment, progress, and
disposal of all infants under their care; and severally they may do whatever
the interest of such house of refuge may require, provided that it conflicts with
no existing law of the state, or ordinance of the city in which such house may
be situated. [54 v. 163, § 3; S. & C. 688.]
SEC. 2089. [City liable for debts; exemption from taxation; as to
treasurer's fees.] The city alone shall be liable for the debts of such house of
refuge; but no tax shall ever be levied on any property owned or held for the
use and benefit of such institution, and the city treasurer shall not be entitled
to any extra fee or salary for the keeping and disbursement of any funds for a
house of refuge. [54 v. 163, § 4; S. & C. 689.]
SEC. 2090. [Certain sections of the revised statutes to be made ap-
plicable to houses of refuge.] Sections two thousand and thirty-five, two thousand
and thirty-six, two thousand and fifty-three, two thousand and fifty-four, two thousand
and fifty-five, two thousand and fifty-six, two thousand and fifty-seven, two thousand and
fifty-eight, two thousand and fifty-nine, two thousand and sixty, two thousand and sixty-
one, two thousand and sixty-two, two thousand and sixty-three, two thousand and sixty-
four, two thousand and sixty-five, two thousand and sixty-six, two thousand and sixty-
seven, two thousand and sixty-eight, two thousand and sixty-nine, two thousand and
seventy, two thousand and seventy-three, two thousand and seventy-four, two thousand
and seventy-five, two thousand and seventy-six, two thousand and seventy-seven, two thou-
sand and seventy-eight, two thousand and seventy-nine, two thousand and eighty, two
thousand and eighty-one, are here made applicable to this subdivision as though
here repeated. [1880, April 15: 77 v. 217, 219.]
(2090-1) [Station-houses for detention of women and female chil-
dren in certain cities.] The mayor of every city of the first class, first, second
and third grades, of the second class, first and second grade and third grade a,
shall, within three months after the passage of this act, designate one or more
1009
Tit. XII,Div.5,Ch.6. REFORMATORY INSTITUTIONS, ETC. § (2090-2).
station-houses within each such city for the detention and confinement of all
women and female children under arrest in said city, and see that provisions
are made by which the rooms or cells set apart for the detention of such women
or female children under arrest shall be separate from and out of sight of the
rooms or cells in which male prisoners are confined. [90 v. 154.]
(2090-2) [Police matrons.] The mayors of all cities, designated in
the foregoing section, shall, within three months after the passage of this act,
appoint for each station-house described in the foregoing section, two or more
respectable women to be known as police matrons, in the same manner and
subject to the same restrictions as patrolmen so far as the same may be ap-
plicable. The aforesaid police matrons shall have charge of all women and
female children under arrest, performing such searches of the person as may
be necessary, accompanying those who require such aid to court, and giving
them such comfort as may be in their power. [90 v. 154.]
(2090-3) [Room for matrons.] A suitable room shall be provided for
the police matrons to which they may retire when not on active service, and
find such rest and refreshment as may be needed. [90 v. 154.]
(2090-4) [Requirements for appointment as matron.] No woman
shall be eligible to appointment as a police matron unless she be over thirty
years of age, of good moral character and of sound physical health. Her ap-
plication for appointment must be indorsed by at least ten women of good
standing, residents in the city in which the appointment is to be made. [90
v. 154.]
(2090-5) [Term of office of matron; dismissal; to whose authority
subject.] Police matrons shall upon appointment hold office until removed
by death, resignation or discharge. They may be dismissed from service
only after charges have been made against their conduct, and such charges have
been investigated and approved by the authority appointing them. A police.
matron shall be subject to the authority of the board of police, or if there be
no such board in the city where she may be appointed, then to the chief of
police and the rules and regulations prescribed by such authority; and in the
station where she may be on duty she shall be subject to the authority of the
officer in command thereof. [90 v. 154.]
(2090-6) [Salary of matron; provision for confinement of women
and children.] A police matron shall receive a salary not less in any case
than two-thirds of the minimum salary paid to patrolmen in the city in which
such matrons are appointed. The proper local authorities in all cities desig-
nated in section 1 [§(2090—1)] of this act shall appropriate annually such sums
as may be necessary for the arrangements needed to secure the separate care
and confinement in the station-houses of all women and children under arrest,
and for the appointment, salary and maintenance of police matrons. [90 v. 154.]
(2090-7) [Right and duty of matron in city having work house or
house of detention.] In cities where work-houses are established for the con-
finement of women, or where there are houses of detention, police matrons
shall have at all times the right of entrance to such establishments and shal
visit them whenever in their judgment such visits may be of use. [90 v. 154.
SUBDIVISION III. CORPORATION PRISON AND STATION HOUSES.
Plans for new or for alterations or additions before adoption must be submitted to
board of state charities, see ? 656.
SEC. 2091. [Powers of council; who to have control of such prisons,
etc.] The council of any city or village shall have power to erect, establish,
and maintain a prison, and such number of station-houses as may be neces-
sary; and such prison and station-houses shall be under the control of the
marshal or chief of police, under such rules and regulations as the council may
prescribe, except as otherwise provided in this division. [66 v. 185, § 215.]
წე
1010
§§ 2092-2096. REFORMATORY INSTITUTIONS, ETC. Tit. XII, Div.5, Ch.6.
SEC. 2092. [Sustenance, etc., for prisoners.] The marshal, chief of
police, or superintendent, as the case may be, shall provide all persons confined
in such prison or station-houses with necessary food during such confinement,
and see that such places of confinement are kept clean and made comfortable
for the inmates thereof. [66 v. 186, § 216.]
SEC. 2093. [Provision therefor by council.] The council shall provide,
by ordinance, for sustaining all persons sentenced to or confined in such prison
or station-houses, at the expense of the corporation; and on the presentation
of bills for food, sustenance, and necessary supplies, to the proper officer, certi-
fied by such person as the council may designate, such officer shall audit the
same, under such rules and regulations as the council may prescribe, and draw
his order on the treasurer of the corporation in favor of the officer presenting
such bill; but the amount shall not exceed forty cents a day for any person so
confined. [66 v. 186, § 217.]
SEC. 2094. [Disposition of prisoners where there is no work-house.]
In corporations in which there is no work-house, the council may, by ordinance,
provide for the keeping of persons convicted and sentenced to hard labor, dur-
ing the term of their imprisonment, at such place or places within the corpora-
tion as the council may determine. [66 v. 186, § 218.]
SUBDIVISION IV.
WORK-HOUSES.
Police matrons to have right of visitation in work-houses for the confinement of
women, see ? (2090—7).
((
For an act to authorize cities of the first class having a population of two hundred
and fifty thousand and over to issue bonds for improvements in work-houses and borrow
money thereon ” (79 v. 99).
For "an act to provide for the protection of children (80 v. 102 and amendments),
see ? (7377-4) et seq.
For "an act to authorize cities of the first grade of the first class to issue bonds for
paying arrears of debts in work-houses, and make permanent improvements on the prem-
ises," etc. (84 v. 113).
For" an act to provide for the labeling and marking of convict-made goods, wares, and
merchandise manufactured by convicts in other states "(85 v. 92), see ? (4364-46) et seq.
For 2 2095-2107, see (S. & S. 867, 868).
Officers of may be required to furnish board of state charities or its secretary such in-
formation as they may require, see 2656.
Board of state charities to examine management and condition of, see ? 656.
SEC. 2095. [Power to establish work house.] The council of any city or
village shall have power to establish, erect, and maintain a work-house; and
such work-house, and any work-house heretofore established, shall be gov-
erned by the provisions of this chapter; provided, that any city which has
erected a "house of correction," as provided by an act of the general assembly
of the state of Ohio, passed April 13, 1867 (64 v. 130), may organize and gov-
ern the same under the provisions of this chapter, as the city council may
determine; and the council of any city or village may acquire, hold, and pos-
sess lands without the limits of the corporation, for the purpose of establishing
and maintaining thereon such work-house. [67 v. 75, §271; 68 v. 90, §1.]
:
SEC. 2096. [Work-house directors.] The direction, management and
control, of any work-house and the maintenance and care of the convicts
therein, shall be vested in a board of five directors, who shall be called the
"board of work-house directors," and such directors shall be freehold electors
of the corporation and serve without compensation; provided, that in any
county containing a city of the first grade of the first class, the direction, man-
agement, control, maintenance and care of that part of the work-house devoted
to the female convicts, and of the female convicts therein, shall be vested in a
board of five female directors, who shall be called the "board of work-house
directors of the female department;" and such directors shall be residents of
the corporation, and serve without compensation. The female directors herein
1011
Tit.XII,Div.5,Ch.6. REFORMATORY INSTITUTIONS, ETC. §§ 2096a-2098.
provided for shall be appointed in the same manner as the male directors, and
serve for the same term, and shall have full authority, jurisdiction, control
and management over that part of the work-house devoted to the female con-
victs. Immediately after the appointment of the female directors, they shall
organize by electing one of their number as president of the board, and the
existing statutes applying to the board of work-house directors shall be con-
strued to apply to said board of female directors in like respect as to the board.
of work-house male directors, and they shall govern themselves accordingly.
Said board of male directors and said board of female directors shall meet
without delay, and agree upon a division of the work-house, the boundaries
of the grounds, and a division of the furniture and property belonging to the
same, according to a proper division thereof, and the funds appropriated to pay
for the expense and maintenance of the work-house shall be divided each year
between the male and female departments, in pro rata proportion to the aver-
age daily maintenance thereof, respectively. [1889, April 10: 86 v. 221; Rev.
Stat. 1880; 66 v. 195, § 272.]
land.
Repealed as to Cleveland, see ? (1545-85), and see ? (1545-66) for substitute in Cleve-
This section was held unconstitutional in so far as it provided for female directors; a director being an
officer, and hence must be an elector: State ex rel. v. Rust, 4 C. C. 329.
SEC. 2096a. [Board of work-house directors abolished; where, etc.]
In cities of the first grade of the first class the powers and duties of the board
of work-house directors shall be exercised and performed by the board of police
commissioners of such cities and the board of work-house directors of such
cities is hereby abolished, and said board of police commissioners shall be
taken and held to be the successor thereof. The members of said board of
police commissioners shall each receive, in addition to the compensation al-
ready fixed by law, the sum of five hundred ($500.00) dollars per annum, for
the additional services hereby required. [88 v. 228.]
SEC. 2097. [Appointment and term of office of directors.] The direct-
ors shall be appointed by the mayor with the approval of the council and shall
hold their office for five years except at the first appointment one shall be
appointed for one year, one for two years, one for three years, one for four
years and one for five years and thereafter one shall be appointed annually,
but provided that in any city of the second grade of the second class in which a
work house has heretofore been established or may hereafter be established, the
board of work house directors shall consist of four members only, not more
than two of whom shall at any time be members of the same political party,
and in such cities of the second grade of the second class, each member of the
board of work house directors shall receive an annual salary of one hundred
and fifty dollars, but in any such city of the second grade of the second class
in which a work house has been established and is in operation, the members.
of the board now in office shall continue in office until their respective terms
expire and when the number of members of such board shall be reduced below
four by expiration of term or otherwise, the board shall be filled by appoint
ment as provided in this section; or if the vacancy is occasioned by expiration
of term of office of any member, then the appointment shall be for a term of
four years. [90 v. 313; 89 v. 112; 66 v. 195, § 273.
Repealed as to Cleveland, see ? (1545—85); for substitute in Cleveland, see ?(1545—66).
SEC. 2098. [Powers and duties of the board.] The board shall have
the same powers, perform the same duties, and be governed by the same regu-
lations, so far as applicable, in the maintenance, erection, or enlargement of any
buildings or shops for work-house purposes, or in making any addition thereto,
or in the improvement or management of the grounds therewith connected, and
in the management of the affairs thereof, and care of the convicts therein, as
are conferred upon and required of the board of directors of houses of refuge
1012
$§ 2099-20996. REFORMATORY INSTITUTIONS, ETC. Tit. XII,Div.5,Ch.6.
and correction, as provided in subdivision one of this chapter; and the powers.
and duties of the council in respect to such board shall be the same, so far as
applicable, as are provided in said subdivision. [66 v. 195, § 274.]
The board of directors of the Cincinnati work-house can not discharge a person committed thereto, unless
the order therefor be made at a meeting of such board at which a majority is present, uniting in the action
thereof: John Walker ex parte (Ham. Dist. Court), 8 W. L. B. 198.
SEC. 2099. [Who shall be sentenced to work-house.] When a person
over sixteen years of age is convicted of an offense, under the law of the state
or an ordinance of a municipal corporation, and the tribunal before which the
conviction is had is directed by law to commit the offender to the county jail
or corporation prison, the court, mayor, or justice of the peace, as the case may
be, shall sentence the offender to the work-house, if there is such house in the
county; provided, that when a commitment is made from a city, village, or town-
ship in the county, other than in the municipality containing such work-house,
the council of such city or village, or the trustees of such township, shall transmit
with the mittimus a sum of money equal to forty cents per day for the time
of such commitment, to be placed in the hands of the superintendent of such
work-house, for the care and maintenance of such prisoner. [73 v. 211, § 275.]
The application of this section is limited and defined in 22104.
This section is not void as not being of uniform operation: Kimbleawecz v. State, 51 O. S. 228.
It is discretionary with the court whether a minor under sixteen years of age shall be confined in the
work-house or house of refuge: Ex parte John Walker (Ham. Dist. Court), 8 W. L. B. 198.
SEC. 2099a. [Expense of maintenance of persons sentenced to work-
house in certain cities.] Provided, that in any county containing a city of
the third grade of the first class in which there is a work-house built jointly
by any such county and city, the expense of maintaining persons sentenced to
such work-house by any court, mayor or justice of the peace in such county
for offenses against a law of the state, shall be paid out of the county treasury
upon the allowance of the county commissioners, and the commissioners and
directors of the work-house shall agree upon the per diem sum to be paid by
the county for such maintenance; and if they are unable to agree, then such
amount shall be fixed by the court of common pleas of such county, or any
two judges thereof, on the application of either the commissioners or work-
house directors, and the amount fixed shall be paid to the treasurer of such
city, and by him placed to the credit of the work-house fund; and such per
diem amount to be paid shall be fixed yearly, but the per diem previously
· fixed shall continue until the new determination, and settlements and pay-
ments shall be made quarterly, if so desired by said work-house directors.
[1889, April 3: 86 v. 200.]
SEC. 2099b. [Cruelty, etc.; who shall be sentenced for.] And in any
such county containing a city of such third grade, first class, when any person
being the parent or guardian of any child or children under sixteen (16) years
of age is convicted of the offense of torturing, tormenting, cruelly or unlaw-
fully punishing, or willfully and negligently depriving of proper food, cloth-
ing or shelter, or willfully abandoning such child or children, as is provided
for in supplementary section six thousand nine hundred and eighty-four (a) of the
Revised Statutes, and a fine shall have been imposed in whole or part punish-
ment for such offense, and the same and the costs of said prosecution are not
immediately paid, such person shall be imprisoned in said work-house and
kept at hard labor, until, at the rate of sixty cents per day for each day's labor,
Sundays and days of sickness not to be counted, he shall have canceled the
amount of such fine and costs, and during the whole term of his imprison-
ment under the sentence for said offense, he shall be kept at hard labor; and
said board of directors shall pay over to the mother or guardian of the said
child or children of such person so imprisoned at the end of each week of said
imprisonment for the support and maintenance of said child or children, when.
the same is needed for such support, a sum equal to forty cents, for each day of
labor as aforesaid, and the sum so paid as aforesaid shall be by said board
1013
Tit. XII,Div.5,Ch.6. REFORMATORY INSTITUTIONS, ETC. §§ 2099c-2100a.
charged up as a part of the current expenses of maintaining said work-house,
and shall be allowed accordingly. [1889, April 3: 86 v. 200.]
SEC. 2099c. [Appropriation for dependents of prisoners committed
to Cleveland work-house, etc.] Whenever any person shall be convicted of
a violation of an ordinance of a city of the second grade of the first class con-,
taining a work house, and shall be committed to said work house for such vio-
lation, and such person shall have a wife, child or children, or both, dependent
upon him for support, he shall be kept at hard labor, and the director of
charities and correction shall, at the end of each week during his confinement
in said work house, if, after a careful investigation he shall be satisfied that
such wife, child or children are in needy circumstances, and that they, or
either of them, are actually and necessarily dependent upon the labor of such
prisoner for their support, pay over to the wife or to the guardian of such
child or children of such person so imprisoned, for the support and mainte-
nance of said wife, child or children so dependent upon him, all money that
may have been earned by such prisoner, after deducting the actual cost of his
maintenance and support. [90 v. 321.]
SEC. 2100. [Labor of prisoners sentenced to work-house; their dis-
charge.] A person so sentenced shall be received into such work-house, and
shall be kept and confined at labor therein, or if such labor cannot be furnished
therein, then such person may be employed at hard labor elsewhere within the
limits of the corporation where such employment shall be authorized by ordi-
nance, and shall be subject to the rules, regulations and discipline thereof,
until the expiration of his sentence, when such person shall be discharged;
but no person committed or held in default of the payment of a fine, penalty,
or costs of any prosecution, shall be released under the laws providing for the
relief of insolvent debtors. [1885, April 9: 82 v. 117; Rev. Stat. 1880; 66 v.
195, §276.]
Limit as to amount of goods made by inmates, see ?? (633—4), (7432—1).
See 26379.
SEC. 2100а. [Parole of prisoners in work-house.] Provided, however,
that the board of work-house directors in cities of the third grade of the first
class shall have power to establish rules and regulations under which and
specify the conditions on which any prisoner may be allowed to go upon parole
outside of the buildings and enclosures, but to remain, while on parole, in the
legal custody and under the control of the board, and subject at any time to
be taken back within the enclosure of said institution; and full power to
enforce such rules and regulations and conditions, and to retake and re-imprison
any convict so upon parole, is hereby conferred upon said board, whose written
order, certified by its secretary, shall be a sufficient warrant for all officers
named therein to authorize such officer to return to actual custody any con-
ditionally released or paroled prisoner; and it is hereby made the duty of all
officers to execute said order the same as ordinary criminal process; and said
board may employ or authorize any person or persons to see that the condi-
tions of said paroles are not violated, and in case of such violation to return
any such prisoner so violating said parole to said work-house, and the time.
between the violation of the conditions of such parole or conditional release
(by whatever name), as entered by order of the board in the record of its meet-
ings, and the re-imprisonment or return of such prisoner, shall not be counted
as any part or portion of time served under any sentence; and any prisoner at
large upon such parole who fails to return to the actual custody of said work-
house as may be specified as one of the conditions of his parole, or commits a
fresh crime and is convicted thereof, shall be, on the order of said board, treated
as an escaped prisoner and subject to the penalties named in section two thou-
sand one hundred and three (2103) of the Revised Statutes. [1889, April 3: 86 v.
As to parole from jail, see (7349-4).
201.1
1014
$$21006-2100e. REFORMATORY INSTITUTIONS, ETC. Tit. XII,Div.5,Ch.6.
SEC. 2100b. [Fines paid by persons sentenced to work-house.] And
all fines paid by persons so sentenced to said work house, situate in any such
city of the third grade, first class, after their actual incarceration therein,
except for offenses mentioned in sections 6951, 6952, 6984 and 6984a of the
Revised Statutes and except also as provided in an act entitled "An act in aid
of the retreat, a home for friendless girls, located in the city of Toledo, a
benevolent association incorporated in the laws of Ohio," as amended April 13,
1888 (O. L. v. 85, p. 535), shall be paid over to the board of work house direct-
ors of such work house, to be by said board applied to the payment of the
expenses of such work house. [92 v. 434; 86 v. 201, 202.]
SEC. 2100c. [Cumulative sentence; habitual offender.] Every person
who, after having been convicted, sentenced and imprisoned, in any work-
house for an offense committed heretofore or hereafter in this state in violation
of an ordinance of [a] municipality, or a law of this state, shall be convicted
of a second misdemeanor whether cornmitted in violation of an ordinance of
a municipality or a law of this state, punishable by imprisonment in any
work house, within this state, shall for such second offense, be punished by
imprisonment for not less than double the penalty imposed for the first offense;
and in case of two previous convictions for such misdemeanors, the penalty
for a third misdemeanor shall not be less than double the penalty imposed in
the last of such previous misdemeanors. But no greater punishment shall be
inflicted for the second or third misdemeanor, than the maximum penalty
provided by law or ordinance for the particular offense committed. Every
person who, after having been three times convicted, sentenced and impris-
oned in any work house or work houses for offenses committed heretofore or
hereafter in this state, whether in violation of law or ordinance, shall be con-
victed of a fourth misdemeanor, whether committed in violation of an ordi-
nance of a municipality or law of this state, punishable by imprisonment in
any work house within this state, shall, upon conviction for such offense be held
and deemed to be an habitual offender and shall be imprisoned in a work-
house for a period of not less than one year nor more than three years. In
all such cases the court may order that the offender stand committed to such
work house until the costs of prosecution be paid. The fact of former convic-
tion or convictions shall be charged in the information or complaint and, if
proved, shall be stated in the commitment. A pardon for a former offense
granted on the ground of innocence shall operate as a full defense in any
charge under this section of a prior conviction for such offense. [92 v. 359;
90 v. 178.]
See (7349-1).
SEC. 2100d. [Parole of offenders.] The director of charities and cor-
rection in cities of the second grade of the first class, may, with the approval
of the mayor of the city in which such work house is situate, upon the con-
ditions hereinafter provided, permit such persons so sentenced to go at large
upon parole outside the buildings and inclosures of said work house, but to
remain while on parole in the legal custody and under the control of the said
director and of the superintendent of such work house, and subject at any time
to be taken back within the buildings and inclosures of said work house; and
full power to retake and reimprison any prisoner so upon parole is hereby
conferred upon said director and said superintendent, or either of them, and
the written order of either, approved by the mayor of said city, shall be
sufficient warrant for any officer or officers named therein, to authorize such
officer or officers to return to actual custody any paroled prisoner; and it is
hereby made the duty of all officers, whether state, county or municipal,
throughout the state of Ohio, to execute said order the same as ordinary
criminal process. [90 v. 179.]
SEC. 2100e. [Classification of prisoners; promotion; general regula-
tions.] Prisoners in said work house shall be classified and graded as follows:
1015
Tit. XII,Div.5,Ch.6. REFORMATORY INSTITUTIONS, Erc.
$2100e.
In the first grade shall be included those who, in the judgment of the said
director, are the least vicious, and who are likely to observe the laws and to
maintain themselves by honest industry after their release; in the second
grade shall be included those who, in the judgment of the said director, are
more vicious but so competent to work and so reasonably obedient to prison
discipline as not to seriously interfere with the productiveness of their labor,
or of the labor of those in whose company they may be employed; in the
third grade shall be included those who, in the judgment of the said director,
are incorrigible, or so insubordinate as to seriously interfere with the discipline
or the productiveness of their labor. Provisions shall be made for the promo-
tion or degradation of prisoners from one grade to another according to merit,
and in order that good behavior may be properly rewarded, a correct record
of the conduct of each prisoner, and his fidelity and diligence in the per-
formance of his work and advancement in his studies shall be kept, and the
same shall be entered in a register, together with the date of admission, the
name, age, nativity and nationality, with such other facts as can be ascertained
of parentage and of early social influences as seem to indicate the constitutional
and acquired defects and tendencies of all prisoners confined under the
provisions of this act, and based upon these shall be given an estimate of their
present conditions, and the best probable plan of treatment. Upon such
register shall be entered from time to time, minutes of observed improvement
or deterioration of character, and notes as to method and treatment employed,
also all circumstances affecting the standing or situation of such prisoner, and
any subsequent facts of personal history which may have been ascertained.
bearing upon the question of his being suffered to go out upon parole. The
said director shall, under a system of marks or otherwise, fix upon a uniform
plan by which shall be determined what number of marks or what credit shall
be earned by each prisoner as the condition of increased privileges or of release
upon parole, which system shall be subject to revision from time to time.
Each prisoner shall be credited for good personal demeanor, diligence in labor
and study, and for results accomplished, and be charged for dereliction, negli-
gence and offenses, and the standing of each prisoner's account shall be made
known to said director at least once a month on a certain regular day to be
designated by him, and oftener if he shall at any time request it. The said
director shall make all necessary provisions for the paroling of prisoners con-
fined under the provisions of section 2100c of this act, subject to the approval
of the mayor of said city, and for their arrest and return to custody within the
institution; but in no case shall any prisoner be paroled, unless in the judg
ment of said director there is reasonable ground to believe that he will, if
allowed to go outside the buildings and inclosures of said institution, be
obedient to the law, and live an honest and sober life, and that his release is
not incompatible with the welfare of society; nor shall any petition or other
form of application for the release of any such prisoner be entertained; nor
shall any prisoner be paroled who is not in the first or highest grade or class;
but the said director, after examining the register and considering the conduct
of a prisoner in the first grade or class confined under the provisions of section
2100c of this act and hearing the recommendation of the superintendent of
said work house, may, if it appears to him that there is a reasonable probability
that such prisoner is resolved to live without violating the law, and has the
power to keep his resolution, that he has good prospect of being able to
support himself by honest industry, and that his release is not incompatible
with the welfare of society, permit such prisoner to go upon parole outside the
buildings and inclosures of said work house upon such conditions and subject
to such regulations and restrictions as may be prescribed by him with the
approval of the mayor of the city. Provided, however, that no parole shall
be granted or refused except upon the regular day appointed for the examina-
tion of prisoners' accounts as provided in this section. It shall also be the
1016
SS2101-2104. REFORMATORY INSTITUTIONS, ETC. Tit. XII, Div. 5, Ch.6.
duty of said director to make the provisions for supplying, when necessary, to
each prisoner paroled or discharged under the provisions of this act, one suit
of clean underclothing, one hat or cap, one pair of shoes and one suit of
clothing. Provided, that such prisoner shall have been confined in said work-
house at least nine months, and all expenses for clothing incurred under the
provisions of this section for prisoners from counties and municipalities out-
side the municipality in which such work house is situate, shall be paid by
aid counties and municipalities, in addition to the amount paid by them for
the maintenance of such prisoners. And it is further provided, that whenever,
by reason of extreme old age, sickness or other infirmity, any prisoner is deemed
an unfit subject for prison discipline, the said director shall, with the consent of
the mayor, have power to transfer such prisoner to the infirmary, hospital or
asylum. [90 v. 180.]
SEC. 2101. [Prompt commitment; fees.] The officer having the execu-
tion of the final sentence of any court, magistrate, or mayor, shall cause the
convict to be conveyed to the work-house as soon as practicable after the
sentence is pronounced; and all officers shall be paid the fees therefor allowed
by law for similar services in other cases-such fees to be paid, when the
sentence is by the court, out of the county treasury, and when by the magis-
trate, out of the township treasury. [66 v. 196, § 277.]
SEC. 2102. [Discharge, and record thereof.] The board shall have
power to discharge, for good and sufficient cause, a person committed to such
work-house; but a record of all such discharges shall be kept and reported to
the council, in the annual report of the board, with a brief statement of the
reasons therefor. [66 v. 196, $278.]
SEC. 2103. [Punishment for escape or attempt to escape.] A person
lawfully committed to a work-house who escapes therefrom, or breaks the same
with intent to escape therefrom, or who attempts by force. or in any other way,
to escape therefrom, whether such escape be effected or not, shall, upon convic-
tion before the police court, court of common pleas for the proper county, or
the authority by which such person was originally committed, be punished by
confinement in such work-house for a term not exceeding double the term for
which such person was so sentenced; and unless the former sentence has
expired, the term shall commence from and after the expiration of the former
sentence. [66 v. 196, § 279.]
See ?? 2100a, 2107w.
SEC. 2104. [Expenses of maintaining work-house: how paid; per
diem to be paid: how fixed.] The expenses of maintaining and administer-
ing the affairs of work houses over the receipts for the labor of persons confined
therein, and from other sources, shall be audited and paid from time to time,
by the council of the corporation; and a tax for such expenses shall be levied
and collected as part of the ordinary expenses of the corporation, provided,
that in any county containing a city of the second grade of the first class,
where a work house is established and maintained by such city, the expense
of maintaining persons sentenced to such work house by any court or magis-
trate in such county for offenses against the law of the state, over the receipts
for the labor of such persons, shall be paid out of the county treasury upon
the allowance of the county commissioners, and the commissioners and the
director of charities and correction of such city shall agree upon the per diem
sum to be paid by the county for such maintenance, and which shall not be
less than the actual cost thereof as ascertained by the said director, and the
amount fixed shall be paid to the director of such work house. The per diem
amount to be paid shall be fixed yearly, but the per diem previously fixed
shall continue until the new determination; settlements and payments_shall
be made quarterly. And provided, further, that section two thousand and
ninety-nine, in so far as it authorizes and requires trustees of townships to
transmit, with the commitment or mittimus, a sum of money equal to forty
1017
Tit. XII,Div.5, Ch.6. REFORMATORY INSTITUTIONS, ETC. §§ 2105–2107.
cents per day for the time of commitment, shall have no application in any
county containing a city of the second grade of the first class. And it is
further provided, that whenever a fine and costs are imposed on any offender
by the police court in any city of the second grade of the first class, for a vio-
lation of any ordinance of such city, now in force, or which may hereafter be
in force, and it is made part of the sentence that such offender shall stand com-
mitted until the fine and costs are paid, or until otherwise discharged in due
course of law, and such offender shall pay such fine and costs, or any part
thereof, in money to the director of charities and correction at any time after
being confined in said work house, it shall be the duty of said director to dis-
charge such offender, and the fine so received by the director shall be paid into
the city treasury to the credit of the work house fund, and the costs so received
by him shall be paid into the city treasury to the credit of the police court fund.
And in all cases where inmates of the work house in any such city are sen-
tenced by any court within such city or within the county containing such
city, to stand committed until fine and costs are paid, it shall be the duty of
the director to estimate and allow each of such inmates the full value of his or
her labor and earnings at a rate not less than twenty cents per day, and with
the addition of as much more than that sum per day as he or she shall, in his
judgment earn, and apply the same in payment of his or her fine and costs,
unless such fine and costs shall otherwise be paid or remitted, or such inmate
be otherwise discharged according to law. And it is further provided, that all
money derived from the product of the labor of all inmates committed to the
work-house under any law or ordinance, who may work out any fine or costs
or part thereof, shall be for the sole benefit of the work house, and shall be
paid into the city treasury to the credit of the work house fund. [90 v. 182;
81 v. 38; Rev. Stat. 1880; 66 v. 196, § 280.]
See note to Gibson v. Zanesville, 31 O. S. 184, under ? 1843.
Under this section, as it was adopted in the Revised Statutes of 1880, it was held that the fines and costs
received by the directors of the work-house at Cleveland from persons convicted of misdemeanors, under the
statutes, in prosecutions in the name of the state in the courts of Cuyahoga county, and committed to such
work-house for non-payment of fines and costs, must, under 6802, Revised Statutes, be paid into the county
treasury: Cleveland v. Jewett, 39 O. S. 271.
SEC. 2105. [Officers to have police powers.] The superintendent, as-
sistant superintendent, and guards of the work-house shall have such powers of
policemen as may be necessary for the proper performance of the duties of their
position. [66 v. 196, § 281.]
SEC. 2106. [Infants received where there is no house of refuge.]
The council of any corporation owning a work-house, but not owning a house
of refuge and correction, shall have power to provide for receiving infants into
such work-house, in the manner prescribed in subdivision one of this chapter;
and the board of directors of such work-house shall have power to make such
rules and regulations in regard to the admission of infants, and their manage-
ment, as are provided in that subdivision. [66 v. 196, § 282.]
SEC. 2107. [Commissioners may unite with city in erecting work-
house.] The commissioners of any county, may unite with any city or village
located in such county, in the erection, management, and maintenance of a
work-house, for the joint use of such county and city or village; and the com-
missioners are authorized to levy and collect the necessary funds therefor, from
the taxable property of the county. Provided, that the commissioners shall
not collect and expend a greater amount than shall be collected and expended
by such city or village for the same purpose; that the work-house shall be
managed and controlled in all respects as provided in this chapter; and pro-
vided further, that not more than ten thousand dollars shall be levied, or
appropriated by the commissioners for the purpose, unless the amount be
approved by a majority of the voters of the county, exclusive of the city or
village voting at some general election. [1884, April 10: 81 v. 129; Rev. Štat.
1880; 68 v. 114, § 1.]
Work-house in Stark county, erect and government of same, (89 v. 687).
г
1018
$2107a(1).
REFORMATORY INSTITUTIONS, ETC. Tit.XII,Div.5,Ch.6.
SEC. 2107a(1). [City or district work-house may receive persons sen-
tenced from other counties.] Any city or district having, or that may here-
after erect, within its limits, a work-house, may receive as inmates of such work-
house persons sentenced thereto as provided by law, from counties other than
the one in which such work-house is situated, upon such terms and during
such length of time as may be agreed upon by the commissioners of such
counties, or by the council of any municipality, and the county [council] of
such city, or the board of district work-houses, or other authority having the
management and control of such work-house. Provided, that such convicts
so received shall in all respects be and remain under control of the board
of work-house directors, and subject to the rules, regulations and discipline of
such work-house, the same as other convicts therein detained. [1883, April 19:
80 v. 220.]
There are three sections each numbered 2107a. Two of them have been placed to-
gether in this edition. The third will be found after the first section numbered 2107e.
See ?? 6801, a, b, and c.
SEC. 2107a(2). [Commissioners of counties may unite in erecting a
work-house; submitted to electors.] The commissioners of any counties
may unite in the erection, management and maintenance of a work-house for
the joint use of such counties, provided that before said work-house can be
established the question of the establishment of said work-house shall be first
submitted to the qualified electors of each of said counties at a general election
and that a majority of the qualified electors voting upon this proposition in each
county shall have voted in favor of the establishment of said work-house; and
provided further, that a notice of the submission of the question of building
a work-house to a vote at any general election shall be published for four
weeks prior to said general election in a newspaper of general circulation of
each county interested. [1883, March 29: 80 v. 81.]
See note to 2107α(1).
SEC. 2107b(1). [Board of directors.] The construction, management
and control of any work house established under section 2107a(2) of this
chapter, and the maintenance and care of the convicts therein, shall be vested
in a board of directors, who shall be called the board of work house directors,
and shall be composed of two persons from each county, who are electors of
the county from which they are appointed, and are freeholders therein, to be
appointed by the board of county commissioners of each county composing
said district, who shall belong to different political parties, one of whom shall
hold his office for the term of six years, and one for the term of three years.
The board of work house directors shall, at the first meeting, and annually
thereafter, at the first meeting in May, elect a president, and at the same meet-
ing appoint a secretary, who shall make a complete record of all the proceed-
ings, and such other officers as may be necessary, and fix their compensation
for their services. The board of directors shall not be entitled to any comper
sation for their services, but shall have all legitimate expenses paid connected
with their duties. [90 v. 193; 80 v. 81, 82.]
Plans for new or for alterations or additions before adoption must be submitted to
board of state charities, see ? 656.
There are two sections for each sectional number 21076, 2107c, 2107d, and 2107e. See
following sections.
SEC. 2107c(1). [Board to determine location, estimate cost, and cer-
tify same to county commissioners; commissioners to make levy; may issue
bonds; the cost of maintaining; how paid.] Whenever any board of work-
house directors have complied with the requirements of section twenty-one
hundred and seven (b), they shall proceed to determine the location of said work-
house, and make an estimate of the cost thereof, including the cost of purchasing
1019
Tit. XII,Div.5,Ch.6. REFORMATORY INSTITUTIONS, ETC. $ 2107d(1).
grounds for location, which, together with all other transactions of the board,
shall be made a complete record thereof by the secretary in a book to be kept for
that purpose, which record shall be approved by the board and countersigned
by the president, and shall be open at all times to the inspection of any resi-
dent of the district. After the selection of a location and the approval of esti-
mates as to the cost of purchasing a site and the construction of necessary
buildings and appliances for said work-house, the board shall certify over the
seal of the president and secretary, to each of the "boards of county commis-
sioners" within the district, the full amount of the estimated cost of location,
construction, and maintenance of such work-house for one year from the first
regular meeting in May, next succeeding this certification. Thereupon each
board of county commissioners shall levy upon the general duplicate of the
county in which they are commissioners, a tax equal to each of said county's
proportion of the entire estimated cost, in the proportion of each of said
county's valuation in the general duplicate to the aggregate valuation of all of
the counties joining in the formation of the board and district. After such levies
are made by each of the county boards of commissioners, each of said boards.
may anticipate said levies by the issuing of bonds, as provided in other cases,
in sections eight hundred and seventy-one and eight hundred and seventy-two, of the
revised statutes. The avails arising from the sale of such bonds shall be paid
over to the treasurer of the board of work-house directors, after said treasurer
has filed with the board a bond, to be approved by the board, in double the
amount of the estimated expense of construction and maintenance of said
work-house, and all payments for construction, maintenance, or any other pur-
pose or expense whatever, shall be paid by said treasurer, when said bills shall
have been approved by a majority of the board at any regular or adjourned
meeting, and when a voucher therefor is issued by the secretary and counter-
signed by the president of the board. The cost of maintaining any work-house
established under the provisions of this act, over and above the proceeds arising
from the sale of the products thereof, shall be paid by each of the counties com-
prising the district, in proportion to the number of inmates furnished said
work-house by each county, to the aggregate number furnished by all; and said
expense shall be paid quarterly by each of the boards of county commission-
ers, of the counties forming the district, upon the certificate of the secretary of
the board of work-house directors, approved by the board and countersigned
by the president. And the boards of county commissioners are hereby author-
ized to levy a tax upon the general duplicate of the county, under the provis-
ions of section twenty-eight hundred and twenty-three, of the revised statutes,
such a sum as may be necessary, but not to exceed one-tenth of one mill, for
the aforesaid maintenance. [1883, March 29: 80 v. 81, 82.]
SEC. 2107d(1). [Directors may enlarge buildings or grounds; may
admit other counties.] The board of work-house directors may enlarge or
improve the buildings, shops or grounds from any surplus that may arise from
sale of the products or from the levy for maintenance made by the counties
forming the district, but no levy for maintenance shall be made when it has
not been necessary to use more than one-half of the avails of the levy of the
year preceding. And any surplus arising from the carrying on of the district
work-house shall be returned to the general fund of each of the counties com-
prising the district, in the proportion to the number of inmates furnished by
each of said counties to the whole number furnished by the district for the cur-
rent year. The board of work-house directors may receive any other county
into the district upon such terms and conditions as the board may determine,
and when any county is thus admitted they shall be entitled to a member of
the board as provided in section twenty-one hundred and seven (b). [1883, March
29: 80 v. 81, 83.]
See note to 21076(1).
1020
§2107e(1).
REFORMATORY INSTITUTIONS, ETC. Tit. XII,Div.5,Ch.6.
SEC. 2107e(1). [Who shall be confined therein; term; procedure
when sentenced by court of common pleas; when convicted by any other
court; may be confined in jail a reasonable period.] When a person has
been convicted of a misdemeanor by any court or magistrate of this state in a
district in which there is a work-house, it shall be competent for such court or
magistrate to sentence such person to such work-house for a period not exceed-
ing the maximum period of confinement in the jail of the county allowed by
statute for such offenses; and in all such cases the court or magistrate may
further order that such person stand committed to such work-house until the
costs of prosecution are paid, or he be discharged as herein provided; and in
all cases where a fine may be imposed in punishment in whole or in part for
an offense and the court or magistrate could order that such person stand com-
mitted to the jail of the county until such fine and the costs of prosecution are
paid, such court or magistrate may order that such person stand committed to
such work-house until such fine and costs are paid, or until he be discharged at
the rate of sixty cents per day for each day of confinement, or be otherwise
legally discharged. When a person is sentenced to such work-house by the
court of common pleas, the clerk shall make and deliver to the sheriff a certi-
fied copy of the docket and journal entries showing the crime charged and the
sentence of the court, which shall be delivered by the sheriff to the proper
officer in charge of such work-house, and shall be his warrant for detaining
such person in custody therein; in cases of such convictions by any other court
or magistrate, such court or magistrate shall make a certified transcript of the
docket in such case, which shall in like manner be delivered to the marshal or
constable, or sheriff by such court or magistrate, which shall be delivered by such
officer to the proper officer in charge of such work-house, and shall be his war-
rant for detaining such person in custody therein; in all cases of sentence to a
work-house under the provisions of this act, the person so sentenced may be
confined in the jail of the county for such period as may be reasonably neces-
sary for the officer to procure the papers and make arrangements to transport
him to such work-house. [1883, March 29: 80 v. 81, 83.]
MUSKINGUM COUNTY.
SEC. 2107a(3). [Commissioners authorized to unite with Zanesville
in erection and maintenance of a work-house.] The commissioners of any
county containing a population by the last census of 49,774 may unite with
any city, located in said county, in the erection, management and maintenance
of a work-house for the joint use of such county and city; and the commis-
sioners are authorized to levy and collect the necessary funds therefor from the
taxable property of the county; provided, that the commissioners shall not
collect and expend a greater amount than shall be collected and expended by
such city for the same purpose; and provided further, that not more than ten
thousand dollars shall be levied or appropriated by the commissioners for the
purpose unless the amount be approved by a majority of the voters of the
county, exclusive of the city, voting at some general election. [1887, March 19:
84 v. 136.]
There are three sections each numbered 2107a. See preceding sections.
SEC. 2107b(2). [Board of directors.] The direction, management and
and control of any such joint work house, and the maintenance and care of the
convicts therein, shall be vested in a board of five directors, who shall be called,
"the board of joint city and county work house directors," and such directors
shall be freehold electors of such county, and shall serve without compensation,
1021
Tit.XII,Div.5,Ch.6. REFORMATORY INSTITUTIONS, ETC. § 2107c(2).
and not more than three members of "the board of joint city and county
work house directors" shall be of the same political party faith. [91 v. 385;
84 v. 136, 137.]
There are two sections for each sectional number 21076, 2107c, 2107d, and 2107e. See
preceding sections.
SEC. 2107c(2). [Appointment of board; terms of members.] The
directors shall be appointed by the mayor of the city having such joint work-
house, with the approval of the council of such city, and shall hold their office
for five years, except that at the first appointment one director shall be
appointed for one year, one for two years, one for three years, one for four
years, and one for five years, and thereafter one shall be appointed annually
but hereafter all appointments shall be made in conformity with section 21076.
[91 v. 386; 84 v. 136, 137.]
See note to 221076(1).
SEC. 2107d(2). [President, secretary and clerk of board.] The
board of such joint city and county work-house directors shall elect annually,
at its first regular meeting in May, one of its members as president, and at the
same meeting appoint a secretary and clerk, who shall make a complete record
of all its proceedings, and the said board may appoint such other officers as
may be necessary, and fix the compensation of all officers for their services.
[1887, March 19: 84 v. 136, 137.]
SEC. 2107e(2). [Contracts.] Contracts may be made by or on behalf
of the board; but it shall be essential to the validity of every such contract,
that the same be assented to at a regular meeting by a majority of all the mem-
bers, and a minute thereof entered on the journal of its proceedings. [1887,
March 19: 84 v. 136, 137.]
See note to ? 21076(1).
SEC. 2107f. [Superintendent and other employes.] The board shall
have power to appoint a superintendent, deputy superintendent and such sub-
ordinate officers, guards and employes as may be necessary, fix their compen-
sation and prescribe their duties, and to make all such regulations for their
management and government as it may deem expedient. [1887, March 19:
84 v. 136, 137.]
SEC. 2107g. [Rules and regulations.] The board shall have power to
make, establish and enforce rules and regulations for its own government, and
the government and control of the institution, its officers and inmates, and
make contracts for supplies and the labor of its inmates. [1887, March 19:
84 v. 136, 137.]
SEC. 2107h. [Books: how kept.] The books of the institution shall be
so kept as to clearly exhibit the time, state and condition of the inmates, the
number received and discharged, and by what court, and for what cause com-
mitted, the length of time of the commitment of each person, the number of
days' labor performed by each convict, and the nature and value of such labor
to such institution, and the relative costs and expenses incurred by the insti-
tution in managing and taking care of each convict, and the number employed
in each branch of industry carried on, and the receipts from and expenditures
for and on account of each department of business. [1887, March 19: 84 v.
136, 137.]
SEC. 2107i. [Quarterly statements.] The board shall cause quarterly
statements to be made, specifying minutely all receipts and expenditures, from
whom and for what purpose received, and to whom and for what purpose paid,
with proper voucher for each item, and submit such statement properly certified
1022
•
$2107j-21070. REFORMATORY INSTITUTIONS, ETC. Tit.XII,Div.5,Ch.6.
to the council of such city, and the commissioners of such county, for their
examination and approval. [1887, March 19: 84 v. 136, 138.]
SEC. 2107j. [Annual report.] The accounts of the institution shall be
annually closed and balanced on the first Monday of January in each year.
And full reports of the preceding year shall then be made and submitted to the
city council and county commissioners, which shall be published in some
newspaper of such city of general circulation in the county, or in such other
form as the board of directors may determine; and the city council and county
commissioners, or either of such bodies, may require such other reports and
exhibits of the condition and management of such institution as they may
deem proper. [1887, March 19: 84 v. 136, 138.]
SEC. 2107k. [Powers and duties of superintendent.] The superin-
tendent of such work-house shall have the control and management of its
affairs, subject to the laws of the state and the ordinances of the corporation,
and the rules and regulations adopted by the board for its government. And
it shall be his duty to obey all written orders and instructions of the board not
inconsistent with the laws, rules, and regulations relating to the government
of the institution. [1887, March 19: 84 v. 136, 138.]
SEC. 21071. [General powers of superintendent.] The superintendent
shall be responsible for the manner in which the institution is managed and
conducted, shall reside at the same, devote his time and attention to the proper
business thereof, and visit and examine into the condition of every department
thereof, and of each person confined therein, daily, or as often as good order or
necessity may require, and he shall exercise a general supervision and direction
in regard to all matters of discipline, police regulation and business of the
institution. [1887, March 19: 84 v. 136, 138.]
SEC. 2107m. [Deputy superintendent.] In the absence or inability of
the superintendent, the deputy superintendent of the institution shall, so far
as relates to the discipline thereof, perform the duties of the superintendent.
[1887, March 19: 84 v. 136, 138.]
SEC. 2107. [Removal of officers and employes.] The board for mis-
conduct or willful neglect of duty, and upon sufficient proof thereof, may
remove any officer or employe of the institution, except the superintendent
thereof who shall be removed for cause and in the manner provided for the
removal of city officers; and any employe of the superintendent may be dis-
charged at his discretion, but no officer shall be removed by the board, until he
has had an opportunity to be heard in his defense. [1887, March 19: 84 v.
136, 138.]
SEC. 21070. [Cost of maintaining such work-house, how paid; levy of
tax; dividing deficiency in products of work-house.] The costs of maintain-
ing such joint city and county work-house over and above the proceeds arising
from the sale of the products thereof, shall be borne by such city and county
jointly, and such expenses shall be paid quarterly by such city and county
out of the respective treasuries thereof, upon the certificate of the secretary of
such joint city and county work-house on the approval of the council of such
city, and the commissioners of such county. And the board of county com-
missioners of any county having such joint city and county work-house, are
hereby authorized and required to levy upon the general tax duplicate of the
county outside of the corporate limits of such city, such sum as may be neces-
sary, not exceeding five-tenths of one mill on the dollar valuation; and the
city council of such city are hereby authorized and required to levy upon the
general tax duplicate of such city, such sum as may be necessary, but not
exceeding one mill on the dollar valuation for the aforesaid maintenance; and
1023
•
Tit.XII,Div.5,Ch.6. REFORMATORY INSTITUTIONS, ETC. §2107p-2107r.
the board of such joint city and county work-house directors, the city council
of such city and the county commissioners of such county, in ascertaining and
determining, at the end of each quarter the amount to be paid to such board
to meet any deficiency in the products of such joint work-house to maintain
the same, shall take into account and be governed by the number of convicts
furnished by such city and such county, the number of days' labor performed
by the convicts from each, the value of such labor, and the relative costs and
expenses of taking care of, managing, and disciplining the convicts of each, and
give to such city and county each full credit for the value of the products of
such work-house produced by the labor, skill and diligence of the convicts from
each, and charge to the account of each (city and county) the costs to such.
institution of working, managing, maintaining, taking care of, and disciplin-
ing its convicts, and make assessments upon such city and county for the main-
tenance of such institution accordingly. [1887, March 19: 84 v. 136, 138.]
SEC. 2107p. [Inmates from other counties.] Any city and county
or county having or that may hereafter erect a joint city and county work-
house, or a county work house, may receive as inmates of such joint city and
county work house, or county work house, persons sentenced thereto as provided
by law, from counties and municipal corporations, having no work house, upon
such terms and for such length of time as may be agreed upon by the com-
missioners of such county or the council of such municipal corporation, and
the board of such joint city and county work house directors, or county work-
house directors; provided, that such convicts so received shall, in all respects,
be and remain under control of the directors of such work house, and subject
to the rules, regulations and discipline of such work house the same as other
convicts therein detained. [91 v. 180; 84 v. 136, 139.]
SEC. 2107q. [Counties and cities having no work-house may make
provision for care of prisoners in work-house of other county, etc.; pay-
ment of expenses; fees of officers.] The commissioners of any county, or
the council of any municipal corporation, wherein there is no work house, may
agree with the council of any municipal corporation or other authority having
control of the work house of any other city, or with the directors of any dis-
trict or joint city and county work house, or county work house, upon terms
and conditions, upon which persons convicted of misdemeanor, or of the viola-
tion of any ordinance of such municipal corporation by any court of [or] magis-
trate of such county or municipal corporation, having no work house, may be
received into such work house, under sentence of such court or magistrate; and
the county commissioners of any such county, and the council of any such
municipal corporation, are authorized to pay the expenses incurred under such
agreement out of the general fund of such county, or of the municipal corpora-
tion, upon the certificate of the proper officer of such work house; and the
sheriff or other officer transporting any person to such work house shall have
the following fees therefor: Six cents per mile for himself, going and returning,
and five cents per mile for transporting such convict, and five cents per mile
going and coming for the service of each guard, to be allowed as in peniten-
tiary cases; the number of miles to be computed by the usual routes of travel,
to be paid in state cases out of the general fund of the county, on the allow-
ance of the county commissioners, and in case for the violation of the ordi-
nances of any municipal corporation by such municipal corporation on the
order of the council thereof. [91 v. 180; 84 v. 136, 139.]
SEC. 2107г. [Sentence and order of court in such cases; credits on
fines.] When any person has been convicted of a misdemeanor or of the vio-
lation of any ordinance of a municipal corporation, by any court or magistrate
1024
$2107s-2107u. REFORMATORY INSTITUTIONS, Erc. Tit.XII,Div.5,Ch.6.
of this state, or of such municipal corporation, in a county or municipal cor-
poration having no work house, and the commissioners of such county, or
council of such municipal corporation have made provisions as allowed by law
for receiving persons so convicted into the work house of a city in any other
county or district, or a joint city and county work house, or a county work-
house in this state, it shall be competent for such court or magistrate, in its
liscretion, where imprisonment in the county or municipal jail may by law
or ordinance be imposed in punishment of such offense, to sentence such per-
son to such work house for a period not exceeding the maximum period of
confinement in the county or municipal jail allowed by statute or ordinance
for such offense; and in all such cases such court or magistrate may further
order that such person stand committed to such work house until the costs of
prosecution are paid, or he be discharged, as herein provided; and in all cases
where a fine may be imposed in whole or in part punishment of an offense, or
for violation of an ordinance of any municipal corporation, and such court or
magistrate could order that such person stand committed to the jail of the
county or municipal corporation until such fine and costs of prosecution are
paid, such court or magistrate may order that such person stand committed to
such work house until such fine and the costs of prosecution are paid, or until
he be discharged therefrom by allowing a credit of sixty cents per day on such
fine and costs for each day of confinement in such work house, or be otherwise
legally discharged. [91 v. 181; 84 v. 136, 140.J
SEC. 2107s. [Warrant for commitment and detention; confinement in
jail.] When a person is sentenced to such work-house by the common pleas
court, the clerk thereof shall make and deliver to the sheriff a certified copy
of the docket and journal entries, showing the crime charged and the sentence
of the court, which shall be delivered by the sheriff to the proper officer in
charge of such work-house, which shall be his warrant for detaining such per-
son in custody therein; in cases of such convictions by any other court or mag-
istrate such court or magistrate shall make a certified transcript from the docket
in such case, which shall in like manner be delivered to the marshal or con-
stable, or sheriff, by such court or magistrate, which shall be delivered by such
officer to the proper officer in charge of such work-house, which shall be his
warrant for detaining such person in custody therein; in all cases of sentences
to a work-house, the person so sentenced may be confined in the jail of the
county or corporation prison for such period as may be reasonably necessary for
the officer to procure the papers and make arrangements to transport him to
such work-house. [1887, March 19: 84 v. 136, 140.]
SEC. 2107t. [Payment of fines and costs.] When a person is com-
mitted to such work-house under sentence that he stand committed to such
work-house until the fine and costs of prosecution assessed against him are paid,
as provided in section two thousand one hundred and seven (p) of this act, such
person may pay in money, in whole or in part, to the board of work-house
directors, such fine and costs assessed against him, and the said board shall
receive and turn the same quarterly, into the treasury of the county from which
such person was committed; provided, that such person was so committed for
the violation of any law of the state; and when any person so committed for
the violation of an ordinance of a municipal corporation shall make such pay-
ment to such board, it shall be its duty to receive and quarterly turn the same
into the treasury of the municipal corporation from which such person was
committed. [1887, March 19: 84 v. 136, 141.]
SEC. 2107u. [Improvement, etc., of grounds, buildings, etc.] The
board of joint city and county work house directors, or county work house
directors, may enlarge or improve the buildings, shops or grounds from any
surplus that may arise from income of such work house, or from the levy for
1025
Tit.XII,Div.5,Ch.6. REFORMATORY INSTITUTIONS, ETC. §§ 2107v-1207w.
such maintenance made by such county and city, or county; but no levy for
maintenance shall be made when it has not been necessary to use more than
one-half of the avails of the levy of the year preceding; and any surplus aris-
ing from the carrying on of [the] such joint work house shall be returned to
the general fund of such city and county in the proportion that such surplus
may have been produced by the labor of the convicts of each, and any surplus
arising from the carrying on of such county work house shall be returned to the
general fund of the county. [91 v. 181; 84 v. 136, 141.]
SEC. 2107v. [Fees of officers.] In all cases of sentence and commit-
ment to such joint city and county work-house, all officers shall be paid the
same fees therefor allowed by law for similar services in other cases; such fees
in cases of misdemeanor, shall be paid out of the county treasury of the county
from which such commitment was made, and when such sentence is for viola
tion of an ordinance, such fees shall be paid out of the treasury of the munici-
pal corporation from which such commitment was made. [1887, March 19:
84 v. 136, 141.]
SEC. 2107w. [Work-house directors may provide for parole of
prisoners.] The foregoing board of joint city and county work-house direc-
tors shall have power to establish rules and regulations under which and
specify the conditions on which any prisoner may be allowed to go upon parole
outside of the buildings and enclosures, but to remain, while on parole, in the
legal custody and under the control of the board, and subject at any time to be
taken back within the enclosure of said institution; and full power to enforce
such rules and regulations and conditions, and to retake and re-imprison any
convict so upon parole, is hereby conferred upon said board, whose written order,
certified by its secretary, shall be a sufficient warrant for all officers named
therein, to authorize such officer to return to actual custody any conditionally
released or paroled prisoner; and it is hereby made the duty of all officers to exe-
cute said order the same as ordinary criminal process; and said board may
employ or authorize any person or persons to see that the conditions of said
paroles are not violated, and in case of such violation to return any such
prisoner so violating said parole to said work-house, and the time between the
violation of the conditions of such parole or conditional release (by whatever
name), as entered by order of the board in the record of its meetings, and the
re-imprisonment or return of such prisoner shall not be counted as any part or
portion of time served under any sentence; and any prisoner at large upon
such parole who fails to return to the actual custody of said work-house as
may be specified as one of the conditions of his parole, or commits a fresh
crime and is convicted thereof, shall be, on the order of said board, treated as
an escaped prisoner and subject to the penalties named in section two thou-
sand one hundred and three (2103) of the Revised Statutes. [87 v 39.]
GREENE COUNTY.
WHEREAS, The commissioners of Greene county, in the year 1882, united
with the city of Xenia, in said county, in the erection of a work-house in said
city for the joint use of said county and city, and the said city of Xenia,
understanding that the agreement between the city and county being for the
erection, management and maintenance of said work-house, so entered on the
minutes of said city, and the commissioners understanding that they were to
join only in the erection of said work-house so entered upon the minutes of
the commissioners of said county, and the said city of Xenia having paid into
the work-house fund the full amount of the city's share of expenses incurred
by the board of directors of said work-house in the improvement of said work-
house, and for the care of prisoners therein confined, and the commissioners
being desirous of paying the amount due from said county as its share of
improvement of said work-house and maintenance of the prisoners therein
confined, and of taking part in the management and maintenance in the
future; therefore,
66
1026
§ (2107-1). REFORMATORY INSTITUTIONS, Erc. Tit.XII,Div.5,Ch.6..
(2107-1) [Commissioners of Greene county may issue bonds.] For
the purpose of raising money to discharge said obligation, the commissioners
of Greene county are hereby authorized, empowered, and required to issue and
sell forthwith, at public or private sale, the bonds of said county, not exceeding
in amount three thousand dollars ($3,000.00). [83 v. 265.]
(2107-2) [Denominations; term and interest.] Said bonds shall be
of such denominations as the commissioners shall deem proper; shall run any
length of time not exceeding five years; shall bear interest not exceeding six
per cent. per annum, payable annually, and shall be sold at not less than par.
[83
83 v. 265.]
(2107-3) [When bonds sold, and how proceeds shall be expended.]
When any bonds are sold under the provisions of this act by said commission-
ers, the money arising therefrom shall be paid into the treasury of the city of
Xenia to the credit of the work house fund, and shall be expended so far as
necessary for the purpose of satisfying the obligations incurred by said board,
and remaining unpaid for the reason of the failure of said county to pay the
amount due as its share of said expenses. [83 v. 265.]
(2107-4) [Levy of a tax for the payment of the bonds.] Said com-
missioners are hereby authorized to levy a tax, if necessary, on all the taxable
property of said county, for the purpose of paying the bonds and interest issued
under the provisions of this act, which tax shall be apportioned in each year
to the number of years said bonds are to run; provided, that such levies shall
be made as that the property in said city shall not be taxed to pay any part of
said amount. [83 v. 265.]
(2107-5) [Expenses of work-house; how apportioned.] The county
commissioners shall defray the expenses of said work-house out of the
county treasury, incurred on account of committals thereto of persons charged
with offenses under the statutes of Ohio, and of violations of ordinances of the
towns and villages in said county other than the city of Xenia; and the city
of Xenia shall defray the expenses incurred on account of committals thereto
for violations of the ordinances of said city; and the general expense of said
work-house shall be apportioned between said county and said city according
to such committals, and payments shall be made quarterly by the county, on
the 1st Monday of March, June, September and December, and shall be verified
under oath by the clerk of said board; and the payment shall be made by said
city out of the work-house fund on the allowance of said board, and the coun-
cil of said city on orders signed by the president of the council and the city
clerk. [83 v. 265.]
(2107-6) [Management of work-house.] The direction, management
and control of said work house, and the maintenance and care of convicts
therein, shall be vested in a board of five directors, who shall be called the
board of work-house directors; and such directors shall be freehold electors of
said county. [83 v. 265.]
(2107-7) [Directors: how appointed; term; vacancy.] The term
of the present board of work house directors shall expire and cease on the sec-
ond Monday of April, A. D. 1886, and the terms of the members thereof, here-
after appointed, shall be for the term of five years, except the first appoint-
ment. The judge of the court of common pleas of said county shall on said
second Monday of April, A. D. 1886, appoint one member of said board for the
term of five years, and the commissioners of said county shall appoint two
members of said board, one for four years, and one for two years, and the mayor
of said city shall appoint, by the approval of council, two members of said
board, one for three years, and one for one year, and as such terms expire the
mayor of said city, the county commissioners, and judge of said court, shall
1027
Tit.XII,Div.5,Ch.6. REFORMATORY INSTITUTIONS, ETC. § (2107—8).
make appointments for the full term of five years, to fill such vacancies, and
any vacancy occurring in any of said terms, shall be filled by appointment of
the officer originally making such appointment. [83 v. 265.]
(2107-8) [Shall establish rules.] The board of directors of said
work-house shall make and establish rules and regulations for the governing
of said work-house, and a person sentenced to said work-house shall be received
therein, and shall be there kept and confined at labor, and shall be subject to
the rules, regulations and discipline thereof, until the expiration of his sentence
or he be discharged according to law. [83 v. 265.]
(2107-9) [Duty of officer: fees of, by whom paid.] The officer
having the execution of the final sentence of any court, magistrate or mayor,
shall cause the convict to be conveyed to the work-house as soon as practicable
after the sentence is pronounced; and all officers shall be paid the fees allowed
therefor by law for similar services in other cases; such fees to be paid, when
the sentence is for a State offense, out of the county treasury, and for a viola-
tion of an ordinance, out of the corporation treasury from which such com-
mittal was made. [83 v. 265.]
(2107-10) [President of board; superintendent, and his salary;
guards.] The board of directors shall elect one of their number as presi-
dent of said board, who shall preside over their meetings, and shall hold
his office for one year; and shall elect a superintendent of said work house,
who shall have charge of said work-house, and the premises connected there-
with, and shall oversee the work of the convicts according to the rules and reg-
ulations of said work-house. He shall reside in said work-house and receive a
salary not exceeding forty dollars per month, and his fuel and gas and shall
receive any sum not exceeding forty cents per day for board for each prisoner
confined therein, and shall hold his office at the pleasure of the board. Such
additional guard may be provided from time to time as the board may deem
proper for safety, and to enforce the discipline of said work-house. [83 v. 265.]
(2107–11) [Convict allowed what credit; duty of superintendent.]
When a person is committed to said work-house in default of payment
of a fine, penalty or costs, he shall be allowed the sum of sixty cents per day
credit on such fine and costs, for each day he is confined in said work-house,
and obeys the orders, rules, and regulations thereof; and the directors shall
make such rules as they deem proper to credit prisoners with time for good
behavior while confined therein. If a person confined therein pay in whole
or in part the fine and costs assessed against him, the superintendent of said
work-house shall receive the same; and if the amount so paid is sufficient to
pay amount due on the fine and costs assessed, shall discharge the prisoner
and remit the same forthwith to the treasurer of said county, when committed
by an officer other than the mayor of the city of Xenia. In all other cases he
shall pay the same to the mayor, taking duplicate receipts therefor in all cases,
one of which he shall deposit with the clerk of said board; but no person com-
mitted or held in default of fine or costs of any prosecution shall be released
under the laws providing for relief of insolvent debtors. [83 v. 265.]
(2107-12) [Duties of the board.] The board shall have the same
powers, perform the same duties, and be governed by the same regulations,
as far as applicable, in the maintenance, erection or enlargement of any building
or shops, for work purposes, or in making any addition thereto, or in the
improvement or management of the grounds therewith connected, and in the
management of the affairs thereof, and in care of convicts therein, as are con-
ferred upon, and required of, the board of directors of houses of refuge and
correction as provided by law; and in all cases not provided for in this act, the
laws governing similar institutions shall govern. [83 v. 265.]
1028
(2107-13). REFORMATORY INSTITUTIONS, ETC. Tit. XII,Div.5,Ch.6.
(2107-13) [Power to discharge.] The board shall have power to
discharge, for good and sufficient cause, a person committed to such work-
house, but a record of all such discharges shall be kept and reported to the
council of said city and the commissioners of said county, in the annual report
of the board, with a brief statement of the reasons therefor. [83 v. 265.]
(2107-14) [Powers of superintendent, and others.] The superin-
tendent, assistant superintendent and guards of the work-house, shall have
such powers as policemen as may be necessary for the proper performance of
the duties of their position. [83 v. 265.]
(2107-15) [Levying of taxes.] The commissioners of said county
shall levy a tax, for the purpose of meeting the county's share of the expense
of maintaining such work-house on all the taxable property in the county,
not in the city of Xenia; and the council of said city shall levy a tax on all
the taxable property of said city of Xenia to meet the city's share of main-
taining said work-house, which amount so raised shall be credited to the work-
house fund of said city. [83 v. 265.]
(2107–16) [Employment of convicts; proceeds.] The board of di-
rectors shall have power to purchase material to employ the convicts at labor, and
shall sell the products thereof at the best price possible, and the money arising
from such sales shall be placed to the credit of the work-house fund. [83
v. 265.]
(2107–17) [Clerk of the board; salary.] The clerk of the city of
Xenia shall be the clerk of said board, and shall keep the records of said board
and the books of said work-house, and make out all the reports required by
law and such others as the board may direct, and shall receive for such services
the sum of ten dollars per month, payable out of the work-house fund. [83
v. 265.]
1029
Tit. XII,Div.5,Ch.7. VAGRANTS: DISSOLUTE PERSONS. §§ 2108–2112.
SECTION
CHAPTER 7.
VAGRANTS AND DISSOLUTE PERSONS.
2108. Power of council as to public peace, etc.
2109. Punishment for breaches of the peace, etc.
2110. Imprisonment therefor.
SECTION
2111. Regulation of labor.
2112. Hospitals, etc., for diseased prisoners.
SEC. 2108. [Power of council as to public peace, etc.] The council
of a city or village shall have power to provide for the punishment of persons
disturbing the good order and quiet of the corporation, by clamor and noise
in the night season, by intoxication, drunkenness, fighting, using obscene or
profane language in the streets and other public places, to the annoyance of
the citizens, or otherwise violating the public peace by indecent and disorderly
conduct, or by lewd and lascivious behavior; and they shall have power in
like manner to provide for the punishment of any vagrant, common street beg-
gar, common prostitute, habitual disturber of the peace, known pickpocket,
gambler, burglar, thief, watch-stuffer, ball-game player, a person who practices
any trick, game, or device with intent to swindle, a person who abuses his fam-
ily, and any suspicious person who can not give a reasonable account of him-
self. [66 v. 183, § 200; (S. & C. 1554).]
An ordinance under this statute providing for the punishment of any known thief found in the munic
ipality, is valid, and is not in conflict with the guarantees contained in the Bill of Rights: Morgan v. Nolte,
37 0. S. 23.
SEC. 2109. [Punishment for breaches of peace, etc.] Such punish-
ment may be either by imposing and collecting fines, or by imprisonment in
the proper jail or work-house at hard labor, or both, at the discretion of the
court; but no such person shall be fined for a single offense to exceed fifty dol-
lars; and such imprisonment and hard labor shall not, for the first offense,
exceed thirty days, for the second offense ninety days, for the third offense six
months, and for the fourth or any further repetition of the offense one year.
[66 v. 183, § 201; (S. & C. 1555).]
SEC. 2110. [Imprisonment.] The council may provide that any person
who refuses or neglects to pay the fine imposed on conviction of any such
offense, and the costs of prosecution, shall be imprisoned and kept at hard
labor until, at the rate of seventy-five cents for each day's labor, exclusive of
Sundays, he shall have earned an amount equal to such fine and costs. [66 v.
183, § 202; (S. & C. 1555).]
Power of county commissioners to parole person confined in jail for a fine and costs,
see ? (7349-4).
SEC. 2111. [Regulation as to labor.] The council may make suitable
regulations to conduct such labor to the best advantage, and in a manner con-
sistent with the age, sex, and health of the prisoners; and such labor may be
done at the corporation prison, work-house, or elsewhere, and under the charge
of such officers or other persons as the council may select. [67 v. 75, $§ 203;
(S. & C. 1555).]
SEC. 2112. [Hospitals for diseased prisoners.] The council may pro-
vide suitable hospitals for the reception and care of such prisoners as may be
diseased or disabled; the same to be under such regulations, and under the
charge of such persons, as the council may direct. [66 v. 183, § 204; (S. & C.
1555).]
1030
§ (2112-1). CITY FARM SCHOOL IN CLEVELAND. Tit.XII,Div.5,Ch.8.
SECTION
CHAPTER 8.
CITY FARM SCHOOL IN CLEVELAND.
2112-1. Council in Cleveland to establish city farm
school.
2112-2. Management vested in director of charities..
2112-3. Report of director; appointments; rules
and regulations.
2112-4.
Procedure to commit to farm.
2112-5. If full notice to be given.
2112-6. Statement in detail of infant committed.
2112-7. As to record of commitment.
2112-8. Commitment; term.
2122-9. Director; power to place infants during
minority for purpose of instruction.
2112-10. Director may bind out.
SECTION
2112-11. Director may permit child to be returned
in case it is untrustworthy.
2112-12. Director may return infant if home is un-
suitable, etc.
2112-13. Fugitives.
2112-14. Habeas corpus.
2112-15. Commitment not examinable except in
action against director.
2112-16. Written application.
2112-17. Granting of application.
2112-18. Security, etc.
2112-19. Costs, etc.
(2112-1) [Council in Cleveland to establish city farm school.] The
council of any city of the first class, second grade, shall have the power to estab
lish and maintain a city farm school, and for such purpose may acquire, hold,
possess and use lands outside of the limits of the corporation as well as within
said limits, and may erect such buildings or structures, or may repair or en-
large any buildings or structures erected as the same may be deemed necessary
for the establishment and proper maintenance of such institution. [91 v.
465-470.]
(2112-2) [Management vested in director of charities.] The man-
agement of such institution, the control and care of the inmates thereof, the
erection, enlargement and repair of any of its buildings or structures, provid-
ing the same with necessary machinery, furniture, tools or other equipment
and the improvement and cultivation of its grounds shall be vested in the
director of charities and correction of such city. [91 v. 465-470.]
(2112-3) [Report of director; appointments; rules and regulations.]
Such director shall cause to be made a record of all his proceedings in refer-
ence to such institution, and shall make a written report thereof to the city
council at such times and in such manner as such city council may provide
by ordinance; he shall, with the approval of the city council, prescribe all
necessary rules and regulations for the government of such institution and
prescribe the duties of its inmates, officers and employes; he shall appoint
such officers, teachers and employes as shall be provided for by ordinance for
such school, at such compensation as may be authorized by ordinance; he shall
have power to sell the products of manufacture and of the farm, and such
proceeds shall be used for the purposes of the institution; and he shall have
power to do all other things necessary for the most advantageous administra-
tion of the affairs of such institution not contrary to law. He shall receive
into such institution pupils duly consigned to his care therein as hereinafter
provided, and he shall have power to discharge any officer, teacher or employe,
in accordance with the provisions and limitations of section 24 of an act
entitled "An act to provide a more efficient government for cities of the second
grade of the first class," passed March 16, 1891, governing discharges from the
police and fire forces of such cities. [O. L. vol., 88, pp. 105-121, §(1545—24).]
The power of such director to expend moneys, to incur indebtedness, or to
make contracts on account of such institution, shall be in all respects in accord-
ance with the provisions and limitations of the said act. [91 v. 465–470.]
(2112-4) [Procedure to commit to farm.] The police judge of a
municipal corporation or the probate judge of a county shall have full author-
1031
Tit. XII,Div.5,Ch.8. CITY FARM SCHOOL IN CLEVELAND. § (2112-4).
ity to commit male infants, not over sixteen nor under five years of age, to
said institution in the following manner :
First. Upon complaint and due proof, before any such official, by the
parent or guardian of such an infant that, by reason of incorrigible or vicious
conduct, such infant has rendered his control beyond the power of such parent
or guardian and made it manifestly requisite that, from regard to the welfare
of such infant and for the protection of society, he should be placed under the
guardianship of such institution.
Second. Upon complaint and due proof thereof, before any such official,
that such an infant is a proper subject for the guardianship of such an insti-
tution in consequence of vagrancy or of incorrigible or vicious conduct, and
that from the moral depravity of the parent or guardian of such infant, such
parent or guardian is incapable of exercising or unwilling to exercise the
proper care and discipline over such incorrigible or vicious infant.
Third. Upon complaint and due proof thereof that such infant is without
a proper and suitable home or has inadequate means of obtaining an honest
living or who is in danger of being brought up to lead an idle and immoral
life, or who is abandoned by his parents, or on complaint of the mother of
such infant that his father is dead or has abandoned him or does not provide
for his support or is an habitual drunkard and that she is unable properly to
support him.
Fourth. Every officer authorized to commit infants to the guardianship
of such institution shall keep a record of his proceedings, in the manner
directed in chapter six, division five and title twelve of the Revised Statutes
of Ohio, and shall furnish a transcript thereof with the mittimus to the officer
in charge of such institution. The said mittimus shall state that the infant
therein named has been adjudged a proper subject to be placed under the
guardianship of said school, and the officer receiving the same shall forthwith
execute it as hereinafter provided; and all officers so committing, excepting
those receiving a stated salary, shall be entitled to fees as in criminal cases,
payable out of the county treasury on order of the county auditor.
Fifth. The transcript of such proceedings, and the mittimus shall be signed
by such committing officer, and together with the infant so committed, be de-
livered to the custody of any sheriff or police officer; and such officer shall
forthwith transport such infant to the institution to which it may be com-
mitted, and deliver the same, together with the said transcript and mittimus,
to the officer in charge of the same, and shall take his receipt therefor, and
upon production of such receipt to the officer making such commitment, he
shall indorse thereon the costs of such officer in so transporting such infant, at
the same rate as allowed in similar cases; and on presentation of such receipt
so indorsed to the auditor of the county from which such infant shall be sent,
such auditor shall at once draw his warrant upon the county treasurer of said
county for the amount therein named, and such receipt shall be his authority
for drawing the same; and on presentation of such warrant to said treasurer, he
shall forthwith pay the same from any available funds in his possession belong-
ing to said county.
Sixth. For the care and maintenance of all infants, other than those com-
mitted by the police judge of the municipal corporation to which such an
institution belongs, for offense against the ordinance of such corporation,
such institution shall receive compensation from the county whence the com-
mitment is made, which compensation shall be fixed by the mayor and the
director of charities and correction of the municipal corporation to which said
institution belongs; and, upon the presentation of a certificate of the number
of infants, and the amount due for the care and maintenance of the same,
1032
§ (2112-5). CITY FARM SCHOOL IN CLEVELAND. Tit. XII,Div.5,Ch.8.
signed by the officer in charge of such institution, to the county auditor of
the county from which such infants have been committed, he shall at once
draw his warrant for the amount therein stated, to the order of such officer,
and such certificate shall be his authority for so doing; and upon presentation
of such warrant to the county treasurer of such county, such treasurer shall
forthwith pay the same from any available funds in his possession belonging
to said county.
Seventh. All such infants, in whatever manner committed to such insti-
tution, other than those from the city to which such institution belongs,
may be received into or rejected from such institution, at the discretion of
the mayor and director of charities and correction of such a municipal corpo-
ration.
Eighth. The persons herein authorized to make commitments to such
institution, may commit to the guardianship of such institution any such
male infant, upon the request of the lawful parent or guardian thereof, and
infants so received shall be subject to all the provisions of this act; and the
mayor of such municipal corporation may, as often as he deems proper, fix,
demand and receive in behalf of such institution, compensation from the
parent or guardian of infants so committed to the care of such institution,
for the care and maintenance of the same; and if such demand for such com-
pensation shall not be promptly complied with, the director of charities and
correction of such municipal corporation may discharge such infant from such
institution after giving said parent or guardian reasonable notice of his intent
to make such discharge. [91 v. 465-470.]
(2112—5) [If full, notice to be given.] If at any time such an insti-
tution shall have as many infants under its charge as can be conveniently
accommodated therein, or as many as the funds of such institution are adequate
to maintain, the director of charities and correction of such a municipal cor-
poration shall give notice of such fact to the person authorized to make com-
mitments from the county in which such institution is situated. After receipt.
of such notice, such officers shall not make further commitments to such in-
stitution until after receipt of notice from said director of charities and cor-
rection that more pupils can be cared for at such institution; which second
notice said director shall give as soon as the circumstances of the case shall
enable him to do so. [91 v. 465-470.]
(2112—6) [Statement in detail of infant committed.] In all cases.
where an infant is committed to the instruction and discipline of such an in-
stitution, the officer ordering such commitment shall at the same time furnish
to the officers of such institution a true statement, in writing, of the age of
such infant and the reason for such commitment, and such further informa-
tion relating to the history of such infant as the regulations of such institu-
tion may require. [91 v. 465–470.]
(2112-7) [As to record of commitment.] In no case shall any other
record of commitment be made, unless demanded by the infant or his parents
or guardian, than that, in substance, such infant (naming him), who on a day
therein named was of the age of years, having been brought before such
officer, and the officer having ascertained by the testimony of the witnesses.
therein named that such infant was a suitable person to be admitted to the
discipline and instruction of such institution, such infant was so admitted
and delivered to the charge of such director of charities and correction. [91
v. 465-470.]
(2112-8) [Commitment; terms.] No commitment of such an infant.
to such an institution shall be for a shorter period than until such infant shall
be reformed or attain the age of majority; but any infant, by whomsoever or for
whatever cause committed, may at any time be discharged, upon the recom-
→
1033
Tit. XII,Div.5, Ch.8. CITY FARM SCHOOL IN CLEVELAND. § (2112—9).
mendation of the superintendent of such institution and the order of the direc-
tor of charities and correction of such a municipal corporation; or it may, by
order of said director, be permitted to leave such institution until directed to
return thereto by said director of charities and correction of such a municipal
corporation; but said permission shall not in any way be construed to be a
discharge from the said institution and from the guardianship of the director
of charities and correction of such a municipal corporation. [91 v. 465-470.]
(2112-9) [Director, power to place infants during minority for pur-
pose of instruction.] The director of charities and correction of such a ˜mu-
nicipal corporation shall have power to place infants committed to his care,
during their minority, at such employment for account of the institution or
otherwise, and cause them to be instructed in such branches of useful knowl-
edge, as may be suited to their years and capacities. [91 v. 465-470.]
(2112-10) [Director may bind out.] The director of charities and
correction of such a municipal corporation shall have power, at discretion, to
bind out or indenture the said infants committed to his care, with their con-
sent, as apprentices during their minority, to such persons and at such places,
to learn such proper trades and employments as in his judgment will be most
conducive to their reformation and amendment, and as will tend to the
future benefit and advantage of such infants. [91 v. 465-470.]
(2112–11) [Director may permit child to be returned in case it is
untrustworthy.] In case any infant so bound out or indentured prove un-
trustworthy, the director of charities and correction of such a municipal cor-
poration may, at his discretion, permit such infant to be returned to such in-
stitution, to be held in the same manner as before such apprenticeship, and
may thereupon order the indentures for such infant to be canceled. 191 v.
465–470.]
(2112-12) [Director may return infant if home is unsuitable, etc.]
If, in the opinion of the director of charities and correction of such a munici-
pal corporation, an infant apprenticed by him has an unsuitable home, or if
the person to whom such infant is indentured becomes unfit or incapable
properly to raise or take care of such infant, the director may, at his discre-
tion, return such infant to the institution from which it was indentured. [91
v. 465-470.]
(2112-13) [Fugitives.] A fugitive from such an institution, or a
fugitive from apprenticeship under indentures executed as above provided, may
be arrested and returned to such institution by a sheriff or constable of any
county in this state, or police officer of the corporation, or officer of such insti-
tution, on the written order of the director of charities and correction of such
municipal corporation directed to such officer, and may be delivered to the
custody of such officer of such institution as the director of charities and cor-
rection of such a municipal corporation may name. [91 v. 465–470.]
(2112-14) [Habeas corpus.] It shall be a sufficient return to a writ
of habeas corpus, directed to any person or officer, inquiring into the cause or
detention of an infant committed to such an institution, that the infant named
in the writ was, on a day therein named, committed to the guardianship of the
director of charities and correction of such a municipal corporation by the per-
son or officer who executed the commitment, naming him, until such infant
should arrive at legal age, and that that period has not arrived. [91 v. 465-470.]
(2112-15) [Commitment not examinable except in action against
director.] When a commitment has, in fact, been executed by a person
authorized by this chapter to execute it, the existence of the circumstances
justifying its execution shall not be otherwise examinable than in an action
against the director of charities and correction of such city as provided in
:
1034
§ (2112-16). CITY FARM SCHOOL IN CLEVELAND. Tit.XII,Div.5,Ch.8..
chapter six, division five of title twelve of Revised Statutes of 1890. [91 v..
465-470.]
(2112-16) [Written application.] If a parent, guardian, master to
whom an infant has been apprenticed, a person occupying the position of
parent, protector or guardian in fact, or a relative by blood or marriage, not
further remote than first cousin to such infant, feels aggrieved by the commit-
ment of an infant to such an institution by a person authorized by this chapter
to commit such infant, he may make a written application to the director, at
such time as he, by rule, provides for hearing such applications, to have the
infant delivered to him; which application shall state the ground of the ap-
plicant's claim to the custody of such infant and the reason for claiming such
custody. [91 v. 465-470.]
(2112-17) [Granting of application.] Within ten days after hearing.
such application the director of charities and correction shall decide, and if he
be of opinion that the welfare of such infant will be promoted by granting the
application, he shall make an order to that effect; otherwise he shall decline
the application. [91 v. 465–470.]
(2112-18) [Security, etc.] The applicant may, if the application.
be declined, upon first giving security for the payment of costs, commence an
action against such director in the court of common pleas of the county in
which the institution is situated, for the recovery of the infant or his libera-
tion, which action shall be conducted in all respects as actions under the code
of civil procedure, except that the case shall have precedence of all others in
the time of trial. [91 v. 465-470.]
(2112-19) [Costs, etc.] The costs of such action shall be paid by the
applicant or out of the county treasury, unless the court certify in the journal
entry of the judgment that the refusal of the director of charities and correc-
tion to grant the application of the plaintiff was plainly unreasonable, or the
original commitment manifestly improper and unnecessary, in which case the
costs shall be taxed against the party in fault on notice to him.
This act shall constitute chapter eight of division five of title twelve of the
Revised Statutes of Ohio, and shall take effect and be in force from and after
its passage. [91 v. 465-470.]
See paragraphs 34 and 35 of ½ 1692.
Cleveland.-Bonds for city farm school, passed April 21, 1886, 83 v. 89.
1035
Tit. XII.
BOARD OF HEALTH.
Div. 6, C. 1.
SIXTH DIVISION: HEALTH DEPARTMENT.
CHAPTER 1. BOARD OF Health.
CHAPTER 2.
NUISANCES.
CHAPTER 3.
HOSPITALS.
CHAPTER 4.
INFIRMARIES.
CHAPTER 5. CHILDREN'S HOMES.
CHAPTER 1.
BOARD OF HEALTH.
SECTION
2113. How established and constituted in munici-
palities; Springfield and Portsmouth.
2114. Term of office of members.
2115. Board may appoint health officer, clerk, etc.
2116. Suppression of nuisances; registration of mar-
riages, births, etc.
SECTION
2134. Places where milk, butter, cheese, etc., are
made, subject to inspection; analysis of
milk, butter, etc.
2135.
Powers of board of health; gratuitous vaccina-
tion, etc.
2136.
Sanitary report: its contents, etc.
2117. Registry of births, marriages, and deaths in
Cincinnati.
2137.
2138.
2122. Orders and regulations of city, village or town-
ship boards.
2118. Physicians, house-owners, etc., to give notice
of prevalence of disease; duties of board.
2119. Removal or conveyance of corpse.
2120. Organization and rules of board.
2121. Township boards of health; duties and pow-
ers; organization.
2139.
Penalty for violating order of board of health.
Penalty for violation by corporation.
Prosecutions: how institutēd.
2140.
2141.
Provision for expenses of board of health.
Toledo police commissioners to act as board
of health.
2122-1. Garbage crematory in Columbus.
2123. [Repealed.]
2124. Disposition of minor prostitutes.
2125. When female shall be treated as vagrant.
2126. Treatment of diseased female,
expenses
thereof.
2127. Suit for recovery of such expense.
2128.
Nuisances to be abated.
2129. Proceedings where order of board is neglected
or disregarded.
2130. Further proceedings.
2131. Appointment of sanitary police.
2131a. Appointment of sanitary police; specials:
powers, duties and salaries; removal of
police now in office.
2132. When dismissed.
2132a. Removals and suspensions generally; rules
and regulations.
2133. Inspectors; record of milk and meat dealers;
permit.
2141-1. Authorizing abolition of boards in certain
villages.
2142.
Quarantine grounds: control of property used
for sanitary purposes.
2143. Railroads, vessels, etc., may be subjected to
quarantine.
2144. Effect of declaring quarantine.
2145. To whom and what quarantine rules shall
apply.
2146. Needful buildings may be erected; disinfec-
tion, etc.
2147. Sanitary inspectors may be appointed.
2148. Power of council to borrow money and levy
tax therefor in time of epidemic or
threatened epidemic.
2148-1. Sanitary police force pension fund in Cleve-.
land; trustees.
2148-2. Organization.
2148-3. Duties.
2148-4. Fund to consist of.
2148-5. Power of trustees to invest.
2148-6. Who shall be placed on pension roll, etc.
2148-7. Amount of pension.
2148-8. Pension not subject to attachment, etc.
2148-9. Expenses of boards, etc., in certain cities;
how paid.
For state board of health (83 v. 77), see ? (409—24).
For "an act to prevent fraud in canning fruit and vegetables" (82 v. 163), see ? (7072—
2) et seq.
For "an act to give preference of appointment or employment to honorably discharged
soldiers," etc. (85 v. 149), see ? (3107—48).
As to board of health for cities of the first grade of the first class, see 2231.
In Cleveland, powers of board of health vested in police director, see (1545—47).
1036
§§ 2113-2116.
BOARD OF HEALTH.
Tit. XII, Div. 6, Ch. 1.
In Toledo and in cities of second class, first grade, the powers of the board of health
vest in the board of police commissioners, see ? 2141.
In Springfield, powers of board of health vest in board of police and fire commissioners,
see ? (1545—247).
Boards of health shall prescribe rules as to plumbing and sewage from houses and
permits to do plumbing work, see ? (4238–66).
Sanitary board in case of epidemic and bonds in such case, see ? 2685 and notes.
Board of control in Hamilton successor of; exercises powers of, see ? (1545-290).
Board of public affairs in Portsmouth has powers of board of health; board of health
abolished, see ? (1707ƒ—12).
Laying of water pipes in municipalities, except cities of first class, upon recommenda-
tion of, see? (2435—51).
SEC. 2113. [How established and constituted in municipalities :
Springfield and Portsmouth.] The council of each city and village shall
establish a board of health; such board shall be composed of the mayor, who
shall be president by virtue of his office, and six members, to be appointed by
the council, not more than two of whom shall be medical practitioners, who
shall serve without compensation, and a majority of whom shall constitute a
quorum. Provided, that none of the provisions of this section shall apply to
cities of the first class nor to cities of the first or second grade of the second
class, nor to cities of the second class, third grade a, and third grade c. And
provided further, that the board of public affairs of cities of the second class,
third grade a, and third grade c, shall have the powers and perform the duties
conferred and imposed upon the board of health by chapter one, division six,
title twelve of the Revised Statutes of Ohio. [93 v. 616; 91 v. 45; 90 v. 87; 87 v.
118, 296; 85 v. 59; 83 v. 173; Rev. Stat. 1880; 66 v. 200, 303; (S. & S. 828).]
Part of act creating new charter for Portsmouth to be submitted to electors.
See ? 2205 et seq.
In Cleveland, see ? (1545-47).
In West Cleveland, see ? (2141—1).
The council of a village passed an ordinance establishing a board of health, and regularly appointed
members of the board, who qualified and acted as such. But the ordinance establishing the board was not
read three times, nor were the yeas and nays suspending the rule recorded (21694): Held, that they were such
board de facto, and their acts, within the sphere of their office, are valid and binding: Smith v. Lynch, 29
O. S. 261.
See note to Turner v. Toledo, 15 C. C. 627, under ? 2116.
SEC. 2114. [Term of office of members.] The term of office of the
members of the board shall be three years from the date of appointment, except
that those first appointed shall be classified as follows: two to serve for three
years, two for two years, and two for one year, and thereafter two shall be
appointed annually. [66 v. 201, § 304; (S. & S. 828).]
SEC. 2115. [Board may appoint health officer, clerk, etc.] The board
shall appoint a health-officer, who shall furnish his name and address and
such other information as may be required by the state board of health; and
shall appoint a clerk, and may appoint as many ward or district physicians as
it may deem necessary for the care of the sick poor, and persons under quar-
antine surveillance, and may provide for such quarantined persons necessary
attendants, nurses, medicine and support until convalescent. The board shall
have exclusive control of their appointees, and define their duties and fix their
salaries; and all such appointees shall serve during the pleasure of the board.
[90 v. 88; 85 v. 59, 60; Rev. Stat. 1880; 66 v. 202, § 305; (S. & S. 828.]
See note to Turner v. Toledo, 15 C. C. 627, under 3 2116.
SEC. 2116. [Suppression of nuisances by boards of health; registra-
tion of marriages, births, and deaths, etc.] The board of health shall abate
and remove all nuisances within its jurisdiction. It may compel the owners,
agents, assignees, occupants, or tenants of any lot, property, building, or
structure upon or in which any nuisance may be, to abate and to remove the
same by orders therefor, and treat the neglect or refusal to obey orders for such
purpose as a misdemeanor punishable as hereinafter provided. The board may,
also, by its own officers and employes, abate and remove nuisances, and certify
the cost and expenses of such suppression, removal or abatement, to the county
auditor, to be assessed against the property, and thereby made a lien thereon,
1037
Tit. XII, Div. 6, Ch. 1.
BOARD OF HEALTH.
§§ 2117-2119.
and collected as other taxes. The board of health may regulate the location,
construction, repair, use, emptying, and cleaning of all water-closets, privies,
cess-pools, sinks, plumbing, drains, yards, pens, stables, or other places where
offensive or dangerous substances or liquids are or may accumulate. The
board may create a complete and accurate system of registration of births,
marriages, deaths, and interments occurring in such corporation, for the pur-
poses of legal and genealogical investigations, and to furnish facts for statis-
tical, scientific, and sanitary inquiries; and when complaint is made, or a rea-
sonable belief exists, that an infectious or contagious disease prevails in any
house or other locality, the board may cause such house or locality to be in-
spected by its proper officers, and on discovering that such infectious or conta-
gious disease exists, may, as it deems best, send the persons so diseased to the
pest-house or hospital, or may restrain them and others exposed within said
house or locality from intercourse with other persons, and prohibit ingress or
egress to or from such premises. [90 v. 88; 71 v. 159, § 306; S. & S. 828).]
The board of health has power to make a contract for nursing and caring of sick and thereby make the
municipality liable: Turner v. Toledo, 15 C. C. 627.
Municipality is not liable for the negligence of its board of health or health officer: Turner v. Toledo,
15 C. C. 627.
SEC. 2117. [Registry of births, marriages, and deaths in Cincin-
nati.] In cities of the first grade of the first class, which, for this purpose alone,
shall be co-extensive with the county, it shall be the duty of physicians and
professional midwives to keep a registry of the several births at which they
have assisted professionally, which registry shall contain the time of such birth,
sex, and color of the child, and the names and residence of the parents. Clergy-
men and other persons authorized to solemnize marriages, shall keep a registry
of all marriages solemnized by them. Physicians who have attended deceased
persons in their last illness, and undertakers and sextons who have buried
deceased persons, shall keep a registry of the name and age of such persons, and
their residence at the time of their death; and all such physicians, professional
midwives, clergymen, and all persons authorized to solemnize marriages, under-
takers and sextons, shall report to the board of health all births, marriages and
deaths occurring within the limits of such city, as registered by them, which
reports shall be made as often as the board of health may require. [1885,
April 29: 82 v. 177; Rep. 80 v. 228; Rev. Stat. 1880; 71 v. 159, § 306.]
SEC. 2118. [Duty of physicians, house owners, etc., to give notice of
prevalence of infectious diseases; duties of board. Every physician called
to attend a person sick with cholera, yellow fever, small-pox, diphtheria, scarlet
fever, or any other disease dangerous to the public health, or required by the
state board of health to be reported, shall, within twelve hours after becoming
aware of the nature of the disease, report the same to the board of health within
whose jurisdiction such person is found; and in like manner, it shall be the duty
of the owner, or agent of the owner of a building in which a person resides who
has any of the diseases named or provided against, or in which are the remains of
a person having died of any such disease, and the head of the family, imme-
diately after becoming aware of the fact, to give notice thereof to the board of
health or nearest officer of said board, who shall immediately make all precau-
tionary arrangements prescribed by the state or local board of health. It shall
be the duty of the board of health within whose jurisdiction occurs any fail-
ure to obey literally the provisions of this section, or prevailing orders to the
same purpose, of any board of health having jurisdiction, to prosecute the per-
son or persons so failing to obey the same, as hereinafter provided. [90 v. 88;
71 v. 159, § 307.]
SEC. 2119. [Removal or conveyance of corpse.] No person shall
remove or convey a corpse either for burial or transportation, to or from any
city, village or township, without a permit from the board of health; and no
common carrier, its agent, conductor, or other employe shall receive for con-
1038
§ 2120.
BOARD OF HEALTH.
Tit. XII, Div. 6, Ch. 1.
veyance, or convey the remains of a deceased person without having first com-
plied with such regulations as shall be made by the state board of health. [90
v. 89; 71 v. 159, § 307.]
SEC. 2120. [Organization and rules of board.] The board of health in
cities and villages shall elect one of their number president, pro tem., who shall
preside in the absence of the mayor, and shall do and perform all duties in-
cumbent upon the president. The board shall meet for the transaction of
business at least once in each calendar month, and as much oftener as is neces-
sary for the prompt and thorough transaction of its business. All special
meetings shall be called by the president, or three members. Each board of
health shall procure suitable books, blanks, and other things actually necessary
to the transaction of its business. Among the books to be procured and kept
shall be a suitable book or books for the registration of births and deaths, and
cases of infectious or contagious diseases. [90 v. 89; 83 v. 154; Rev. Stat.
1880; 71 v. 159, $306, 307.]
SEC. 2121. [Township board of health; duties and powers; organi-
zation.] In each township the trustees of the township shall constitute a
board of health, which shall be for the township outside the limits of any city
or village, and such boards shall have the same duties and powers as are herein
imposed upon or granted to boards of health in cities and villages. They
shall annually elect one of their number president, and the township clerk
shall be clerk of the board of health; they may appoint a health-officer and as
many sanitary officers as they deem necessary to carry out the provisions of
this act, and define their duties and fix their compensation; and such ap-
pointees shall serve during the pleasure of the board. Township boards of
health shall meet annually and at such other times only as is actually neces-
sary. [91 v. 23; 90 v. 88; 66 v. 201, § 308.]
·
SEC. 2122. [Orders and regulations of city, village or township
boards.] The board of health of any city, village or township may make such
orders and regulations as it may deem necessary for its own government, for
the public health, the prevention or restriction of disease, and the abatement
or suppression of nuisances. All orders and regulations not for the govern-
ment of the board, but intended for the general public, shall be adopted, ad-
vertised, recorded and certified as are ordinances of cities and villages; and the
record thereof shall be given, in all courts of the state, the same force and effect
as is given such ordinances. The council of cities of the second grade of the
first class, and the council of cities of the third and fourth grade, second class,
may grant power to the board of health therein to employ such number of
scavengers for the removal of swill, garbage and offal from the houses, build-
ings, yards, and lots within the city as it may deem necessary; and the board
in such cases may make the contracts therefor, subject to the approval of the
council, and to be signed by the proper officers of the council, and may regu-
late the work to be done. [90 v. 89; 88 v. 71; 79 v. 78; Rev. Stat. 1880; 66 v.
201, § 309.]
Cincinnati garbage contract, see ? (1692-1).
Dayton garbage contract, see ?? 1707d-11, 1707d-47.
Board may have right to require physicians to register, but not to pass on qualifications: State ex rel. v.
Prendergast, 8 C. C. 401; 30. D. 690.
(2122-1) [Garbage crematory in Columbus.] The boards of health
of cities of the first grade of the second class be and they are hereby author-
ized to erect and maintain garbage crematories or furnaces and to contract for
a period not exceeding ten years for the removal and disposition of garbage,
dead animals and animal offal, and the councils of such cities, in addition to
taxation authorized to be levied for other purposes, be and they are hereby
authorized to levy upon each dollar of the taxable property of said cities, as the
same is listed for taxation upon the grand duplicate, two-fifths of a mill a year
1039
Tit. XII, Div. 6, Ch. 1.
BOARD OF HEALTH.
§§ 2123-2128.
for one year, in order to raise money to build, equip and maintain a garbage
crematory or furnace. Said tax shall be collected as are other taxes, and money
arising therefrom shall constitute a separate fund to be called the "garbage
furnace fund," and shall be applied solely to the purposes for which it is raised.
[89 v. 310.]
Cleveland garbage crematory, see ? (1545–-86) et seq.
Dayton crematory, see 1707d-48.
SEC. 2123. [Duty as to brothels, etc. 66 v. 201, § 310; (S. & S. 831).
Repealed 91 v. 215.]
SEC. 2124. [Disposition of minor prostitute.] When a female, under
the age of eighteen years, or believed to be under that age, is found in such
brothel, or house of assignation, it shall be the duty of the board of health to
return her to her home, if she has a home; and if such female has no home,
then she shall be consigned to the house of refuge and correction of the cor-
poration, or such benevolent institution, established for the reformation of
abandoned females, as the board of health may elect. [66 v. 202, §311; (S. & S.
831).]
SEC. 2125. [When female shall be treated as a vagrant.] No such
female shall be consigned to a house of refuge and correction, or benevolent
institution, against her will; but in case she declines the care and protection
tendered her, it shall be the duty of the board to report her to the mayor, or
police court, forthwith, to be tried as a vagrant. [66 v. 202, § 312; (Š. & S.
831).]
SEC. 2126. [Treatment of diseased female; expense thereof.] When
a female is found in a house of ill-fame, or assignation, affected with con-
tagious or infectious disease, and is removed to, or if such person apply for
admission to, any hospital, or pest-house, for treatment, the costs of such
removal, and the expense of boarding and washing, while in such hospital, or
pest-house, shall be paid by the proprietor of the house of ill-fame, or assigna-
tion, from which such patient is removed, or in which she was last an inmate;
such payment shall be made before the patient is discharged' from such hospi-
tal, or pest-house; and the expense of boarding, washing, and medical attend-
ance, shall be a lien upon the house and premises in which such female shall
have been so found, which lien may be enforced as other liens for the security
of money. [66 v. 202, § 313.]
SEC. 2127. [Suit for recovery of such expense.] If the proprietor of
such house of ill-fame, or assignation, fails or refuses to pay such expense, legal
proceedings shall be immediately instituted against him, and such patient
shall be held as a witness in the case. [66 v. 202, § 314.]
SEC. 2128. [Nuisances to be abated.] When any building, erection,
excavation, premises, business, pursuit, matter or thing, or the sewerage, drain-
age, plumbing, or ventilation thereof is, in the opinion of the board of health,
in a condition dangerous to life or health, and when any building or structure
is occupied or rented for living or business purposes, and sanitary plumbing
and sewerage are feasible and necessary, but neglected or refused, the board of
health may declare the same a public nuisance, and may order the same to be
removed, abated, suspended, altered, or otherwise improved or purified, by the
owner, agent or other person or persons having control of the same, or being
responsible for the condition; and the refusal or neglect to obey said order
shall be a misdemeanor, punishable as hereinafter provided. The board may
also, by its officers and employes, remove, abate, suspend, alter, or otherwise
improve or purify the same, and certify the cost and expense thereof to the
county auditor, to be assessed against the property, and thereby made a lien
upon the same, and collected as other taxes. [90 v. 90; 66 v. 202, § 315; (S. &
S. 829).1
1040
§§ 2129-2131a.
BOARD OF HEALTH.
Tit. XII, Div. 6, Ch. 1.
SEC. 2129. [Proceedings where order of board is neglected or dis-
regarded.] In all cases where the order of the board of health is neglected or
disregarded, in whole or in part, the board may elect to cause the arrest and
prosecution of the person or persons offending as hereinafter provided, or may
elect to do and perform, by its officers and employes, what the offending party
should have done. If the latter course is chosen, before the execution of the
order of the board is begun, it shall cause a citation to issue, and be served
upon the person or persons responsible, if residing within the jurisdiction of
the board; but if not, shall cause it to be mailed by registered letter to said
person, if the address is known or can be found by ordinary diligence; and if
the address can not be found by ordinary diligence, shall cause the citation to
be left upon the premises, in charge of any person residing thereon; otherwise.
it shall be posted conspicuously thereon. The citation shall briefly recite the
cause of complaint, and require the owner or other person or persons respon-
sible, to appear before the board of health at a time and place stated, or as
soon thereafter as a hearing can be had, and show cause, if any, why the board
should not proceed and furnish the material and labor necessary to, and re-
move the cause of complaint. [90 v. 90; 66 v. 202, § 316; (S. & S. 829).]
SEC. 2130. [Further proceedings.] If the person or persons cited ap-
pear, he or they shall be fully apprised of the cause of complaint and given a
fair hearing. The board shall then make such order as it deems proper, and if
material or labor is necessary to satisfy the order, and the person or persons
cited promise, within a definite and reasonable time, to furnish the same, the
board shall grant such time; but if no such promise is made, or kept, the
board shall furnish the material and labor, cause the work to be done, and
certify the cost and expense to the auditor of the county. If the material and
labor are itemized, and the statement is accompanied by the certificate of
the president of the board, attested by the clerk, reciting the order of the
board, and that the amount is correct, the auditor shall have no discretion,
but shall place the sum against the property upon which the material and
labor were expended, which shall, from the date of entry, be a lien upon the
property, and be paid as other taxes are paid. [90 v. 91; 66 v. 203, § 317; (S.
& S. 829).]
SEC. 2131. [Appointment of sanitary police by board of health.] The
board of health shall have power to appoint as many persons for sanitary duty
as in its opinion the public health and sanitary condition of the corporation
may require; and such persons shall have general police powers, be known as
the sanitary police, perform such duties for the promotion of the public health,
and such other duties as the board of health may direct, and shall serve during
the pleasure of the board. [71 v. 160, § 318.]
SEC. 2131a. [Appointment of sanitary police in Cleveland; specials;
powers, duties and salaries; removal of police now in office.] In all cities of
of the second grade of the first class, the board of health shall have power to ap-
point as many persons for sanitary duty as in its opinion the public health and
sanitary condition of the corporation may require, not exceeding one for each
ten thousand inhabitants, as shown by the last police census in such cities; but
the board shall have the power in cases of emergency, to appoint as many special
sanitary police as it may think proper, and such appointees as special police shall
serve during the pleasure of the board; and all such persons shall have general
police powers, be known as sanitary police, shall be electors of such cities and per-
form such duties as the board of health may direct; and for such services shall
receive a salary, fixed by the board, of not less than seven hundred and eighty
dollars per annum. Provided that the sanitary police now in office shall not
be removed except in the manner provided for by section two thousand one hun-
dred and thirty-two (a). [1888, March 6: 85 v. 60; 83 v. 115.]
The police director in Cleveland administers under this section, see ? (1545—47).
1041
Tit. XII, Div. 6, Ch. 1.
BOARD OF HEALTH.
SS 2132-2134.
SEC. 2132. [When such police shall be dismissed.] When, in the
opinion of the board of health, the services of a member of the sanitary police
is no longer required, he shall, on recommendation of the board of health, be
returned to duty as a regular policeman, or be dismissed, as the mayor, or, in
cities of the first and second grades of the first class, and cities of the first
grade of the second class, the police commissioners may direct. [66 v. 203,
$319.]
SEC. 2132a. [Removals and suspensions generally; rules and regula-
tions.] In all cities of the second grade of the first class, the board of health
may, for cause to be assigned, on a public hearing, on due notice, and by the
vote of a majority of all members elected, according to rules promulgated by
it, remove or suspend from office, or for any definite time deprive from pay,
any member of such sanitary police force or any employe of such board; and
no employe of such board of health shall be dismissed for other reasons; it
may make rules and regulations for the government and discipline of the
employes, and cause the same to be published. [1888, March 6: 85 v. 60; 83 v.
115.]
SEC. 2133. [Inspectors; record of milk and meat dealers; permit.]
The board of health may appoint such number of inspectors of dairies, slaugh-
ter-houses, shops, wagons, appliances, food and water supplies for animals, milk,
meat, butter, cheese, and substances purporting to be butter or cheese, or
having the semblance of butter and cheese, and such other persons as may be
necessary to carry out the provisions of this chapter, define their duties, and
fix their compensation; and such inspectors may, for such purpose, enter any
house, vehicle or yard; and the board of health shall keep for public inspection
a record of the names, residence, and places of business of all persons engaged
in the sale of milk and meat, and may require permits, after inspection, to
vend either milk or meat. [90 v. 91; 78 v. 188; Rev. Stat. 1880; 71 v. 160, $318.]
SEC. 2134. [Places where milk, butter, cheese, etc., are made, sub-
ject to inspection; analysis of milk, butter, etc.] All dairies, including the
cows, cow-stables, milk-houses, and milk-vessels, the owners of which offer for
sale within the limits of the corporation, milk or butter manufactured by such
owners, shall be subject to inspection by the inspectors, and also any manufac-
tory of butter, or cheese, or of substances having the semblance of butter or
cheese, or places where such substances or either of them are sold, shall be sub-
ject to inspection by the inspectors; that officer may enter any place where
milk is sold, or kept for sale, and all carriages used for the conveyance of milk
within the corporate limits; and also any manufactory or place where butter
or cheese, or substances having the semblance of butter or cheese, are manufact-
ured, or any place where such substances are sold, or kept for sale within the
corporate limits; and whenever he has any reason to believe milk found
therein is impure or adulterated, or any butter or cheese, or substances having
the semblance of butter or cheese found therein contain any impure, unwhole-
some or deleterious substance, or is being sold or offered for sale under any
false, or deceptive name or designation, that any butter or cheese not made
from pure cream or milk, or any substance having the semblance of butter or
cheese, is being sold or offered for sale, without being branded or stamped, as
required by section seven thousand and ninety, he shall take specimens thereof
and subject them to satisfactory tests; or, if the board of health so direct, to
chemical analysis, the result of which he shall record and preserve as evidence,
and a certificate of such result, sworn to by the analyst shall be admissible in
evidence in all prosecutions under this chapter, or any law of this state. [1881,
April 18: 78 v. 188; Rev. Stat. 1880; 71 v. 160, § 318.]
For dairy and food commissioner (83 v. 1201. see % (409—7).
For "
an act to prevent adulteration of and deception in the sale of dairy products"
(80 v. 178), see ? (4200—30) et seq.
67
1042
§§ 2135-2139.
BOARD OF HEALTH.
Tit. XII, Div. 6, Ch. 1.
For "an act to regulate the sale of milk" (86 v. 229), see ? (4200—9) et seq.
As to inspectors of milk, see ? 2593.
For penalty for feeding cows food that produces impure milk, see ? 6951.
For offenses against "Public Health," see 2 6919–6928.
?
SEC. 2135. [Powers of board of health; gratuitous vaccination, etc.]
The board of health may take measures and supply agents and afford induce-
ments and facilities for gratuitous vaccination, and may furnish disinfectants
and enforce disinfection. It may afford medical or other relief to and among
the poor of the corporation as in its opinion the protection of the public health
may require, and during the prevalence of any epidemic may provide tempo-
rary hospitals for such purposes; and the said board is hereby required to
inspect semi-annually, and oftener if in the judgment of the board it shall be
deemed necessary, the sanitary condition of all schools and school buildings
within its jurisdiction and may, during an epidemic or threatened epidemic,
close any school, and prohibit public gatherings for such time as it may deem
necessary. [90 v. 91; 80 v. 60; Rev. Stat. 1880; 66 v. 203, § 320.]
SEC. 2136. [Sanitary report; its contents, etc.] It shall be the duty
of the board of health, or health department, on or before the first Monday of
March in each year to make a report, in writing, to the council of the corpora-
tion, and to the state board of health, upon the sanitary condition and prospects
of such city or village, which report shall contain the statistics of deaths, the
action of the board and its officers and agents, and the names therof for the
past year; and it may contain other useful information, and the board shall
suggest therein any further legislative action deemed proper for the better
protection of life and health; and it shall be the duty of said boards of health
and health departments to promptly furnish special reports as may be called
for by the state board of health. [90 v. 91; 66 v. 203, § 321.]
SEC. 2137. [Penalty for violating order of board of health.] Whoever
violates any provisions of this chapter, or any order or regulation of the board
of health made in pursuance thereof, or obstructs or interferes with the execu-
tion of any such order, or willfully or illegally omits to obey any such order,
shall be fined in any sum not exceeding one hundred dollars, or imprisoned
for any time not exceeding ninety days, or both; but no person shall be im-
prisoned under this section for the first offense, and the prosecution shall al-
ways be as and for a first offense, unless the affidavit upon which the prosecution
is instituted contains the allegation that the offense is a second or repeated
offense. [90 v. 92; 66 v. 203, § 322.]
Cited in State v. Prendergast, 8 C. C. 401, 403; 3 O. D. 690.
SEC. 2138. [Violation by a corporation.] If such violation, obstruc-
tion, interference, or omission be by a corporation, it shall forfeit and pay to
the proper city, village, or township, any sum not exceeding three hundred
dollars, to be collected in a civil action brought in the name of such city,
village, or township; and any officer of such corporation having authority over
the matter, and permitting such violation, shall be subject to fine or imprison-
ment, or both as heretofore provided. The judgment herein authorized being
in the nature of a penalty, or exemplary damage, no proof of actual damages
shall be required, but the court or jury, finding other facts to justify a recovery,
shall determine the amount by reference to all the facts, culpatory, exculpatory
or extenuating, adduced upon the trial. [90 v. 92; 66 v. 204, § 323.]
SEC. 2139. [Prosecutions; how instituted.] Prosecutions under this
chapter and the civil action provided for in the preceding section, shall be
instituted before any justice of the peace within the county, or justice of the
peace, mayor, or police judge of the city or village where the offense was com-
mitted, or the offending person resides. If imprisonment is, or may be a
primary penalty, the court shall, after plea of not guilty, unless a trial by jury
1043
Tit. XII, Div. 6, Ch. 1.
BOARD OF HEALTH.
SS 2140-2142.
is waived, issue a venire to any constable of the county, containing the names
of sixteen electors residing within the county, to serve as jurors to try such
cause. Each party shall be entitled to two peremptory challenges, and chal-
lenges for cause in all particulars, as in criminal cases in the court of common
pleas. If the sixteen names be exhausted without obtaining a panel of twelve,
the court may direct the constable to summon any of the bystanders to fill the
panel to twelve, or on demand, shall issue other venires for four electors at a
time, until the panel of twelve is full. In prosecutions under this chapter,
no deposit for costs shall be required; and a judgment or verdict of guilty
shall be immediately followed by sentence and execution thereof, unless sus-
pended pending the preparation and allowance of a bill of exceptions; and
all fines collected under this chapter shall be paid to the treasurer of the
municipality or township and credited to the sanitary fund of the board of
health instituting the prosecution. No fine imposed in any prosecution under
this section shall be remitted by the magistrate before whom the complaint
is made. [90 v. 92; 66 v. 204, § 324.]
SEC. 2140. [Provision for expenses of board of health.] When
expenses are incurred by the board of health, under the provisions of this
chapter, it shall be the duty of the council, upon application and certificate
from the board of health, to pass the necessary appropriation ordinances to
pay the expenses so incurred and certified; and the council is hereby empow-
ered to levy, subject to the restrictions contained in the ninth division of this
title, and set apart, the necessary sum to carry into effect the provisions of this
chapter. [71 v. 160, § 325.]
See supra ? (2122—1).
As to the mayor's veto of expenditures by the board of health in Cleveland, see
? (1666—2).
As to payment of expenses of the board of sanitary police in Columbus, see ?(2148—9).
SEC. 2141. [Police commissioners to act as board of health.] In
cities of the third grade of the first class and in cities of the first grade of the
second class, there shall be no board of health, but the board of police com-
missioners in such cities shall exercise all the powers and perform all the
duties of the boards of health and mayors as provided in this chapter. [87 v.
118; 84 v. 172; 82 v. 54, 58; 78 v. 117; 77 v. 89; 77 v. 23, 34; Rev. Stat. 1880;
73 v. 74, § 18; 73 v. 57, § 36; 74 v. 163, § 1.]
See note to 1984.
The act of 1887, March 21 (84 v. 172), expressly repeals 2141 as amended 1885, Feb.
27 (82 v. 54, 58).
For the constitutionality of the latter act, see State v. Pugh, 43 O. S. 98.
(2141—1) [Authorizing the abolition of boards in certain villages.]
In all incorporated villages of this state, having at the last federal census, not
more than 1,781 inhabitants located in any county containing a city of the
first class, second grade, the council may upon appointment of a suitable com-
mittee from its own members to look after the sanitary affairs of the said vil-
lage, by resolution concurred in by at least three-fourths of all the members
elected to such council, declare the board of health of said village no longer
needed and abolish the same; provided that nothing herein shall be so con-
strued as to prevent the appointment of such board of health at any time
hereafter by the said council whenever in their judgment the best interests of
the municipality demand[s] it. [87 v. 376.]
SEC. 2142. [Quarantine grounds; control of property used for sanitary
purposes.] Any city, village or township may establish a quarantine ground
or grounds, within or without its own limits; but if such place be without its
limits, the consent of the municipality or township within which it is pro-
posed to establish it, shall be first obtained. The boards of health within the
city, village, or township, having quarantine grounds, dump-grounds, garbage
1044
§§ 2143-2148.
BOARD OF HEALTH.
Tit. XII, Div. 6, Ch. 1.
and night-soil crematories, or other property intended or used for sanitay pur-
poses, shall have exclusive control of the same. [90 v. 93; 79 v. 53; Rev. Stat.
1880; 76 v. 69, § 1.]
SEC. 2143. [Railroads, vessels, etc., may be subjected to quarantine.]
The state board of health, or the board of health or [of] any city, village or
township, in time of epidemic, or threatened epidemic, may establish a quaran-
tine on vessels, railroads, stages, or any other public or private vehicles conveying.
persons, baggage or freight, or used for such purpose, and may make such rules
and regulations as may be deemed wise and necessary for the protection of the
health of the people of the community or state. Such quarantine and rules.
and regulations, when established by a local board of health, after careful in-
vestigation by the proper officer of the state board of health, may be altered,
relaxed, or abolished by the order of said state board of health, and thereafter
no change shall be made except by the order of the state board of health, or to
meet some new and sudden emergency. [90 v. 93; 76 v. 69, § 2.]
SEC. 2144. [Effect of declaring quarantine.] Whenever quarantine is
declared, all railroad, steamboat, or other corporations, and the owners, con-
signees or assignees of any railroad, steamboat, stage, or other vehicle used
for the transportation of passengers, baggage or freight, shall submit to any
rules or regulations imposed by any board of health or health-officers; they
shall submit to any examination required by the health authorities respecting
any circumstance or event touching the health of the crew, operatives or pas-
sengers, and the sanitary condition of the baggage and freight; and any
owner, consignee or assignee, or other person interested as aforesaid, who
makes any unfounded statement or declaration respecting the points under
examination, shall, upon conviction thereof before any court or justice of the
peace, be subjected to the penalties herein provided for violations of the re-
quirements of this chapter, and the orders of the state or local boards of health.
[90 v. 93; 76 v. 69, § 3.]
SEC. 2145. [To whom and what quarantine rules shall apply.] All
rules and regulations passed by the board of health or health officer, shall
apply to all persons, goods, or effects arriving by railroad, steamboat or other
vehicle of transportation, after quarantine is declared. 76 v. 69, § 4.]
SEC. 2146. [Needful buildings may be erected, disinfection, etc.] The
state board of health or any local board of health shall be authorized to erect
any temporary wooden buildings or field hospitals deemed necessary for
the isolation or protection of persons or freight supposed to be infected, and
may employ nurses, physicians and laborers sufficient to operate the same
properly, and sufficient police to guard the same. The board of health may
cause the disinfection, renovation or complete destruction of bedding, clothing,
or other property belonging to corporations or individuals, when such action
seems to such board necessary, or a reasonable precaution against the spread
of contagious or infectious diseases; and to the indigent poor it may replace
clothing or other articles so destroyed. [90 v. 94; 76 v. 69, § 5.]
SEC. 2147. [Sanitary inspectors may be appointed.] The board of
health or health officer may appoint, during the time of quarantine, a suffi-
cient number of sanitary inspectors, the salaries of whom shall be fixed by the
council. [76 v. 69, § 6.]
SEC. 2148. [Power of council to borrow money and levy tax therefor
in time of epidemic or threatened epidemic.] In case of any epidemic or
threatened epidemic, the council shall have power to borrow until such times
as the next levy and collections thereof be made, and at a rate of interest
not to exceed six per cent., any sum of money that the board of health and
1045
Tit. XII, Div. 6, Ch. 1.
BOARD OF HEALTH.
§ (2148-1).
council may deem necessary to defray the expenses of the aforesaid quarantine.
[76 v. 69, §7.]
See ? 2685 and notes.
(2148-1) [Sanitary police force pension fund; trustees in Cleve-
land.] The health officer and secretary of the division of health and five
members of the sanitary police force of any city of the second grade of the first
class, elected as hereinafter provided, shall constitute and be the trustees for
the distribution of the pension fund now existing, or hereinafter provided,
and shall be called the sanitary police force pension fund. [92 v. 704.]
(2148-2) [Organization.] That the five members of the sanitary police
force shall be elected on the first Wednesday in January in each and every
year hereafter, except the first election, which shall be held within thirty days
after and by virtue of the passage of this act. That every such member of
said sanitary police force shall be entitled to cast only one ballot, and that no
ballot shall contain the names of more than five persons, and the persons
receiving the highest number of votes cast shall be declared such trustees, and
shall hold their offices until their successors are duly elected and qualified.
[92 v. 704.]
(2148-3) [Duties.] The health officer and secretary in such cities, shall
also be the president and secretary of such board of trustees of the sanitary
police force pension fund. It is hereby made the duty of said secretary to keep a
full record of all the proceedings of said board of trustees, and all actions taken by
it in regard to said pension fund without additional compensation. [92 v. 704.]
(2148-4) [Fund to consist of.] That all fines imposed upon members
of sanitary police force, by way of discipline or punishment, together with
witness fees, gifts and emoluments that may be paid or given specially to said
pension fund, and an assessment of one dollar per month on each and every
member shall be paid to and applied by the city treasurer to said pension fund.
[92 v. 704.]
Part of tax on foreign insurance companies to go to fund in Cleveland, see ? (1945–2).
(2148-5) [Power of trustees to invest.] That the said board of trustees
• shall have power to draw such pension fund from the treasurer of said city, and
may invest the said fund in the name of the board of trustees of the sanitary
police force pension fund in interest bearing bonds of the United States, the state
of Ohio, or any county in this state, or of said city, or of any township, in-
corporated village, or other municipal corporation in the state of Ohio, where
the power to issue such bonds is derived from either general or legislative
authority. That the said bonds shall, before the same are issued to the said
board of trustees, be registered in the office of (the) treasurer of the United
States, or said state of Ohio, or county, city, township, incorporated village, or
other municipal corporation in this state issuing the same, and bearing upon
their face the legibly written fact of said registry. The said board of trustees
shall make report to the common council of the condition of the said pension
fund on the second day of January in each and every year. [92 v. 704.]
(2148-6) [Who shall be placed on pension roll, etc.] No member
of the sanitary police force shall be placed on the pension roll unless the health
officer shall certify in writing that he is permanently incapacitated, either
mentally or physically from performing his official duties, nor unless due notice
is given him by the director of police or health officer of their intention to
retire him. If any member of the sanitary police force of any such city shall
while in the performance of his duty, become, or be found upon examination,
to be physically or mentally permanently disabled, so as to render necessary
his retirement from all service in said sanitary police force, such board of trustees
shall have power to retire such permanently disabled member from all service
in said sanitary police force, and upon such retirement the said board of
1046
§ (2148-7).
BOARD OF HEALTH.
Tit. XII, Div. 6, Ch. 1.
trustees shall authorize the payment to such permanently disabled member
monthly in equal payments, from the said pension fund, the sum of five
hundred dollars ($500) per year; provided, however, that if at any time there-
should not be sufficient money or bonds to pay to each person entitled to the
benefit thereof, the full amount as herein before stated, then, and in that event,
an equal percentage of said monthly payments shall be made to each benefi-
ciary thereof until said fund is so replenished as to warrant payment in full to
each of said beneficiaries. The board of trustees shall within thirty days after
the death of any member of the sanitary police force, who died either in active
service or while on the pension roll, pay the sum of five hundred dollars ($500)
to his widow or minor children, or in case there be no minor children, then to
such person or persons as were dependent on deceased for support; but if there
be no such dependent person then no money shall be paid from the fund on
account of such deceased member except the sum not to exceed one hundred
and fifty ($150) dollars, to be used to defray funeral expenses. [92 v. 704.]
(2148-7) [Amount of pension.] When a member of the sanitary
police force has performed faithful service as a member of such force for a period
of not less than fifteen (15) consecutive years, since May 1, 1882, he may by a
majority vote of all the members of the board of trustees, be retired from active
service and placed upon the pension roll, or having faithfully performed
service for a period of twenty-five (25) consecutive years, he shall be retired
by the director of police and placed upon the pension roll, and when so retired
shall be paid from the fund provided for in section 4 [§(2148—4)] of this act a
pension of five hundred ($500) dollars per year in equal monthly payments.
If any officer on the retired list shall at any time after his retirement from said
sanitary police force be convicted of felony, his pension shall then cease and
be forfeited, and his name be stricken from the pension roll. [92 v. 704.]
(2148-8) [Pension not subject to attachment, etc.] That no portion
of said pension fund shall either before or after its order of distribution by the
said board of trustees to such disabled or retired member of said sanitary
police force, be held, seized, taken, subjugated to, detained or levied on by
virtue of any attachment, execution, writ, interlocutory, or any process or pro-
ceeding whatever, issued out of or by any court in the state, for the payment
or satisfaction in whole or in part of any debt, damages, claim, demand, judg-
ment, fine or amercement of such member, but the said fund shall be sacredly
kept, held, secured, promoted and distributed for the purpose of pensioning
the persons named in this act, and for no other purpose whatever. [92 v. 704.]
(2148-9) [Expenses of boards, etc., in certain cities; how paid.]
That the city auditor of any city of the first grade of the second class is hereby
authorized and empowered to pay the expenses incurred by the board of health,
including the sanitary officers and sanitary policemen, out of the general ex-
pense fund of any such city. [88 v. 58.]
!
1047
Tit. XII, Div. 6, Ch. 2.
NUISANCES.
SS 2149-2152.
CHAPTER 2.
NUISANCES.
SECTION
2149. Powers of municipal corporations to fill lots, re-
move obstructions, etc.
2150. Duty of owner.
SECTION
2151. Nuisance to be abated at owner's expense, etc
2152. Duty of health officers to enforce provisions of
this chapter.
In Springfield all powers under this chapter are vested in the board of public affairs,
see ? (1545-247).
Board of public affairs in Portsmouth to exercise duties as to nuisances, see ?(1707ƒ—15).
SEC. 2149. [Powers of municipal corporations to fill lots, remove ob-
structions, etc.] All municipal corporations shall have power to cause any
lot of land within their limits on which water at any time becomes stagnant,
to be filled up or drained, and to cause all putrid substances to be removed
from any lot, and to cause the removal of all obstructions from all culverts or
covered drains on private property, laid in any natural water-course, creek,
brook or branch where the same obstructs the water naturally flowing therein,
causing it to flow back or become stagnant, in a way prejudicial to the health,.
comfort, or convenience of any of the citizens of the neighborhood; and if such
culverts or drains be of insufficient capacity, to cause the same to be made of
such capacity as reasonably to accommodate the flow of such water at all times.
therein; and the council may direct, by resolution, the owner to fill up or
drain such lot, remove such putrid substance, or remove such obstructions,
and if necessary enlarge such culverts or covered drains to meet the require-
ments thereof. [1884, March 11: 81 v. 37; Rev. Stat. 1880; 66 v. 225, § 452.]
The power of creating municipal corporations necessarily implies authority to confer upon them such
police powers as may be necessary for their internal government; and a resolution under the municipal act.
of 1852, directing lot owners "to fill and drain their lots in such manner as shall be necessary to remove all
stagnant water," being a reasonable sanitary measure, was not in conflict with the Constitution: Bliss v. Kraus,
16 O. S. 54.
Such resolution requires, by reasonable construction, not merely the removal of water then on the lots,
but the work to be so done as to prevent the recurrence of stagnant water from the same causes: Ib.
See note to clause 3, 21692.
Where the description in a resolution for the abatement of a nuisance on real estate clearly identifies
the premises, the fact that the wrong township is called for will not invalidate the proceedings. The maxim,
falsa demonstratio non nocet, is applicable, and the false part of the description will be rejected: Poland v.
Connolly, 16 O. S. 65.
SEC. 2150. [Duty of owner to comply with direction.] It shall be the
duty of such owner, or his agent or attorney, after service of a copy of such
resolution, or after a publication of the same in some newspaper of general cir-
culation in such corporation for two consecutive weeks, to comply with the
directions of the resolution within the time therein specified. [66 v. 225, § 453.]
SEC. 2151. [To be done at owner's expense, in case of refusal or neg-
lect, etc.] In case of failure or refusal to comply with the resolution, the work
required thereby may be done at the expense of the corporation, and the
amount of money so expended shall be recovered from the owner before a
justice of the peace, or other court of competent jurisdiction; and such expense
shall, from the time of the adoption of the resolution, be a lien on such lot,
which may be enforced by suit in the court of common pleas of the proper
county; and like proceedings may be had as directed in relation to the
improvement of streets. [66 v. 225, § 454.]
SEC. 2152. [Duty of health officers to enforce provisions of this chap-
ter.] It shall be the duty of the officers connected with the health department
of every such municipal corporation, to see that the provisions of this chapter-
are strictly and promptly enforced.
1048
S$ 2153-2155.
HOSPITALS.
Tit. XII, Div. 6, Ch. 3.
CHAPTER 3.
HOSPITALS.
SECTION
2153. Board of hospital commissioners.
2154. Who shall compose the board.
2155.
Their term of office.
2156. Their powers, compensation of appointees, etc
2157. Regular meetings, and record thereof.
2158. No expenditure without authority of board,
no member to be interested, etc.
2159. Plans, specifications, etc.
2160. Terms of contracts, etc.
2161. Board to advertise for proposals.
2162. Bids to be accompanied by bond, etc.
2163. Bids to be sealed, indorsed, etc.
2164.
Contract with lowest bidder.
2165. Board to control hospital, etc.
2166. Council may enter into agreement with cor-
poration, etc.
2167. Exception of application as to Commercial
Hospital of Cincinnati.
2167-1. Cincinnati hospital.
2167-2. Government and control; trustees; how ap-
pointed term of office.
2167-3. Trustees to make rules and regulations.
2167-4. Board of trustess to levy a tax for certain
purposes; board to make rules for the gov-
ernment of the hospital.
2167-5. Duty of the faculty of the medical college of
Ohio; trustees to make suitable provisions;
SECTION
power of the trustees; admission of pupils
of the college into the hospital; library;
medical library may be deposited in public
library of the city of Cincinnati; proviso.
2167-6. Meetings of the trustees; report.
SPRINGFIELD.
2167-7. Board of hospital trustees; qualifications.
2167-8. Appointment; term; vacancy.
2167-9. Compensation; oath; bond.
2167-10. Meetings; rules and regulations; record;
passage of resolution or order; no mem-
ber to be interested in contract.
2167-11. Board's control.
2167-12. Same.
2167-13. Procedure before entering into contract.
2167-14. How contract to be made.
2167-15. Notice for bids.
2167-16. Bids.
2167-17. Same.
2167-18. With whom board to contract.
2167-19. Power of board to incur liability.
2167-20. Employment of superintendent, physi-
cians, etc.
2167-21. Report to council; estimate.
For ?? 2153-2164, see (S. & C. 1557-1558; S. & S. 884-886).
For "an act empowering cities of the second grade, first class, and cities having, by
the last federal census, a population of 15,435, to establish a hospital fund and a board of
hospital commissioners," "see 81 v. 47.
Board of public affairs in Portsmouth to exercise duties of hospital commissioners;
hospital commissioners abolished, see ? (1707ƒ—13).
SEC. 2153. [Board of hospital commissioners.] When the council of a
city or village enters upon and takes possession of grounds purchased, appro-
priated, or otherwise obtained for hospital purposes, and, by resolution or ordi-
nance, determines to erect thereon or rebuild a hospital, the erection and repair
thereof, or any addition thereto, and the management, direction, and control
of the same, shall be vested in a board of five commissioners, called the "Board
of Hospital Commissioners." [66 v. 197, § 283.]
SEC. 2154. [Who shall compose the board.] The board shall consist
of the mayor, who shall, by virtue of his office, be its president, and four
trustees, to be appointed by the mayor, with the consent of the council, each
of which commissioners shall be resident freehold electors of the corporation,
and they shall not receive any compensation for their services. [66 v. 197,
§ 284.]
SEC. 2154a. [In Portsmouth board of public affairs to exercise powers
of hospital commissioners.] In cities of the second class, third grade c, the
board of public affairs shall have the powers, and perform the duties conferred
and imposed upon the board of hospital commissioners, in such cities, by
chapter three, division six, title twelve of the Revised Statutes of Ohio. [93
v. 616.]
Part of new charter for Portsmouth to be submitted to electors.
SEC. 2155. [Their terms of office.] The term of office of the appointed
members of the board shall be four years, but the members first appointed shall
hold their offices, respectively, as shall be determined by lot, at the first meet-
1049
Tit. XII, Div. 6, Ch. 3.
HOSPITALS.
§§ 2156-2162.
ing of the board, for the period of one, two, three, and four years, and there-
after one member shall be appointed each year for the full term of four years;
and a majority of the board shall constitute a quorum. [66 v. 197, § 285.]
SEC. 2156. [Their powers, compensation of appointees, etc.] The
board shall have power to appoint a clerk, an architect, a superintendent, and
other necessary employes, fix their compensation, and adopt a suitable plan for
such hospital, and make all contracts for the erection and furnishing of the
same; but the salary of the appointees, and the plan of the hospital, before any
contract for its erection is entered into, shall be submitted to and approved by
the council. [66 v. 197, § 286.]
SEC. 2157. [Regular meetings, and record thereof.] The board shall
hold regular meetings at such time and place as may be agreed upon, and cause
to be kept a full record of its proceedings; and no contract which it enters into
shall be valid until assented to at a regular meeting and concurred in by a
majority of all the members, and such assent entered on the minutes of its
proceedings. [66 v. 197, § 287.]
Cited in Hauck v. State, 45 O. S. 439. See note to same case under 2 2690.
SEC. 2158. [No expenditure without authority of board; no member
to be interested, etc.] No money shall be paid for the erection, rebuilding, or
repair of a hospital, or for an addition thereto, or for supplies therefor, unless
first authorized by the board, and upon the warrant of the proper officer of the
corporation; and no member of the board shall be interested, directly or indi-
rectly, in any contract concerning the institution. [66 v. 197, § 288.]
Cited in Hauck v. State, 45 O. S. 439. See note to same case under 2 2690.
SEC. 2159. [Plans, specifications, etc.] It shall be the duty of the
board, before entering into any contract for the erection of a hospital building,
to cause plans, specifications, detailed drawings, and forms of bids to be pre-
pared; and when adopted by the board, it may, at its discretion, cause the plans
and drawings to be lithographed, and the specifications, and forms of bids, and
a form of contract and bond, to be prepared by the solicitor of the corporation,
and have the same printed for distribution among the bidders. [66 v. 198,
§ 289.]
SEC. 2160. [Terms of contracts, etc.] All contracts shall be made in
the name of the corporation, and it shall be stipulated therein that the con-
tractors will not execute any extra work, or make any modifications or altera-
tions mentioned in the specifications and plans, unless ordered in writing by
the board; that they will not claim any pay for the same unless such written
order is given, and the extra price of compensation fixed and agreed upon;
and copies of the plans and drawings, attested by the contractor, and the orig-
inal bids, specifications, and contracts shall be deposited in the office of the
clerk of the corporation. [66 v. 199 (198), § 290.]
Where, in a contract made under similar statutory provisions, containing the stipulations required, the
board reserved the power to make modifications and alterations, and to order extras, which right was exer-
cised without written orders, and the work was satisfactorily done and accepted, it was held that the action
of the board amounted to a waiver of written orders: Cincinnati v. Cameron, 33 O. S. 336.
SEC. 2161. [Proposals to be advertised for.] The board shall not
enter into any contract for work or materials, except as relates to procuring
plans, drawings, specifications, and forms of bids, without first causing thirty
days' notice to be given in one or more newspapers of general circulation in
the corporation, that sealed proposals will be received for doing the work or
furnishing the materials. [66 v. 199 (198), § 291.]
SEC. 2162. [Bids to be accompanied by bond, etc.] Each bid shall be
accompanied with a bond, signed by sufficient sureties, for the acceptance of
the contract, if awarded by the board, to fully secure any difference between
the amount of such bid and the next higher bid; and such amount shall be
collected by the board, and paid into the hospital fund, in case of refusal by
1050
$2163.
HOSPITALS.
Tit. XII, Div. 6, Ch. 3.
►
r
the bidder to enter into contract according to his bid, within such reasonable
time as the board may determine. [66 v. 199 (198), § 292.7
SEC. 2163. [Bids to be sealed, indorsed, etc.] All bids shall be inclosed
in a sealed envelope and deposited with the clerk of the board, and such sealed
envelope shall have indorsed thereon the nature of the same; and all bids shall
be opened at a regular meeting of the board. [66 v. 198, § 294.]
Repealed as to Cleveland, see under ? (1545—85).
SEC. 2164. [Contract with lowest bidder.] The board shall enter into
contract with the lowest responsible bidder, upon his giving bond to the cor-
poration, with such surety as the board shall approve, that he will perform the
work and furnish materials in accordance with his contract; and on failure of
such bidder, within a reasonable time, to be fixed by the board, to enter into
bond with the surety before provided, a contract may be made with the next
lowest responsible bidder, and so on, until a contract is effected by a contractor
giving bond as aforesaid; provided, that the board may reject any and all bids.
[66 v. 198, § 293.]
SEC. 2165. [Board to control hospital, etc.] The board shall have the
entire management and control of such hospital, when the same has been com-
pleted and ready for use, and of the furnishing thereof, subject to the ordinances
of the council, and shall establish such rules for its government, and the admis-
sion of persons to its privileges, as it may deem expedient; and it shall also
have power to employ a superintendent, steward, physicians, nurses, and such
other employes as it may deem necessary, and fix the compensation of all per-
sons so employed, which compensation shall be subject to the approval of the
council. [67 v. 71, § 295.]
Cited in Hauck v. State, 45 O. S. 439. See note to same case under 2 2690.
SEC. 2166. [Council may enter into agreement with any corporation,
etc.] The council may enter into an agreement with a corporation or associa-
tion, organized for charitable purposes in such municipal corporation, for the
erection and management of a hospital for the sick and disabled, and for a
permanent interest therein, to such extent and upon such terms and conditions
as may be agreed upon between the council and such corporation or association;
and the council shall provide for the payment of the amount agreed upon, for
any interest so acquired, either in one payment, or installments, or so much,
from year to year, as the parties may stipulate. [66 v. 199, § 296.]
This section is constitutional, and construed with the rest of the chapter authorizes a city to contract
with a charitable hospital association to care for the sick without acquiring an interest in the property, or
without having a representative in the society's trustees: Zanesville v. Crossland, 8 C. C. 652, 657; 1 O. D. 387.
SEC. 2167. [Exception of application as to Commercial Hospital of
Cincinnati.] The provisions of this chapter shall, so far as applicable, govern
hospitals heretofore established and erected; but nothing in this title repeals
any part of the act of March 11, 1861, "regulating the Commercial Hospital of
Cincinnati," or the acts amendatory thereof and supplementary thereto. [67 v.
33, § 297.]
The city of Cincinnati can exercise no rightful authority in the government of the commercial hospital
of Cincinnati, that power being vested in the board of trustees under the act of 1861 (58 v. 151), as an independ-
ent body: State v. Cincinnati, 23 O. S. 446. Nor does that act constitute the board of trustees, therein provided
for, a corporation, or confer corporate power on the city of Cincinnati; nor was it repealed by the Municipal
Code of 1869; and the board of hospital commissioners provided for in this chapter has no authority over it:
State v. Davis, 23 O. S. 434.
(2167-1) [Cincinnati hospital.] The public infirmary in the city of
Cincinnati, established by an act entitled "an act establishing a commercial
hospital and lunatic asylum for the State of Ohio," passed January 22, 1821,
shall hereafter be called and known by the name of the "Commercial Hospital
of Cincinnati," and shall remain upon the present hospital lot, and shall be
used for the reception and care of such sick persons as may by law be entitled
to admission therein for treatment as patients. [58 v. 151.)
cinnati
By a supplementary act passed April 3, 1868 (65 v. 232), the name of the "Commercial Hospital of Cin-
was changed to the Cincinnati Hospital," and the pest-house connected therewith changed to
1051
Tit. XII, Div. 6, Ch. 3.
HOSPITALS.
$ (2167-2).
66 Commercial
the Roh's Hill Branch of Cincinnati Hospital," and all laws and rules made in the name of
Hospital" and pest-house, shall be applicable to the Cincinnati Hospital and Roh's Hill Branch of the same.
On May 10, 1878 (75 v. 1151), an act was passed authorizing the trustees of the Cincinnati Hospital to establish
a branch hospital for the accommodation of persons afflicted with contagious diseases. Section 3 of this act
was amended April 29, 1885 (82 v. 380).
(2167-2) [Government and control thereof; trustees: how ap-
pointed; term of office.] The government and control of said hospital shall
be vested in a board of seven trustees, to be created as follows: The mayor of
the city of Cincinnati and the director of the city infirmary of said city eldest
in commission shall, ex-officio, be members of said board; one trustee shall be
appointed by the governor of the state, two by the judges of the superior court
of Cincinnati, and two by the judges of the court of common pleas of Hamil-
ton county. The term of office of said trustees so appointed shall be five years,
except that those first appointed shall be classified by lot, so that their terms
shall expire in one, two, three, four and five years respectively. All vacancies
from any cause shall be filled for the unexpired terms as originally provided.
Said trustees shall receive no compensation. [58 v. 151.]
(2167-3) [Trustees to make rules and appoint attendants.] The
trustees shall have the exclusive management of said hospital; they shall
make rules and regulations for the conduct and government of the same; they
shall appoint such officers and servants of said hospital, including all medical
attendants resident therein, as they may deem necessary, and may remove
them at pleasure, and shall fix their compensation. [58 v. 151.]
(2167-4) [Board of trustees may levy a tax for certain purposes;
proviso; board to make rules for the government of the hospital.]
That the board of trustees of the Cincinnati Hospital are hereby authorized to
levy a tax not exceeding forty-eight one-hundredths of one mill on the dollar val-
uation on the grand duplicate of all taxable property in said city of Cincin-
nati, in each and every year, and certify the same to the auditor of the city of
Cincinnati, on or before the first Monday of June annually; and the county
auditor shall place the same on the tax duplicate of said county, the receipts
whereof shall be paid into the county treasury, as a special fund for the pay-
ment of all expenses incurred for building, rebuilding, furnishing, supplying,
and supporting said hospital and grounds; and the city treasurer shall dis-
burse the same, on the order of the board of trustees, signed by the presi-
dent, and countersigned by the secretary of said board; provided, that the said
trustees shall levy only the amount of taxes necessary for the purposes before
mentioned; and the amount which the council of the city of Cincinnati is now
authorized to levy, shall be and is hereby reduced by the amount which the
said trustees shall certify to the said auditor, as herein provided; and in no
one year shall the amount so certified by the said trustees, and the amount
authorized to be levied by council, exceed the amount which said council has
a right by law to levy. The board of trustees shall adopt rules and regulations
for the government of said institution, and for the admission of patients and
discharge of convalescents from said hospital and said branch hospitals, as may
be established by law. [1878, May 13: 75 v. 1166; 72 v. 197; 61 v. 142; 58 v.
161, 162; 58 v. 151.]
(2167-5) [Duties and rights of the faculty of the medical college of
Ohio; trustees to make suitable provisions; power of the trustees; admis-
sion of pupils of other colleges into the hospital; library; medical library
may be deposited in public library of the city of Cincinnati; proviso.] It
shall be the duty of the faculty of the medical college of Ohio, to visit and attend
the patients in said hospital, and to render them proper medical and surgical
advice and service without compensation therefor, in consideration of which
said faculty shall have the privilege of introducing the pupils of said college
into said hospital, under such regulations as the trustees may prescribe, to wit-
ness the medical and surgical treatment of patients. The trustees may make
1052
§ (2167—6).
HOSPITALS.
Tit. XII, Div. 6, Ch. 3.
such provisions as to them may seem advisable, for medical and surgical advice
and service to said patients additional to or other than that rendered by said
faculty; but no compensation shall be paid therefor, except to medical attend-
ants resident in the hospital. The trustees shall, under such regulations as
they may prescribe, admit medical students, not pupils of said college, to wit-
ness the medical and surgical treatment of patients in said hospital. The
trustees shall have the power, whenever they may deem it for the welfare of said
patients so to do, to dismiss the faculty of said college from attendance on said
hospital. The trustees may affix to the introduction or admission into said
hospital of the pupils of said college or other medical students, such fee as
they may deem proper; but the same shall be alike to all, and shall be paid to
the treasurer of the city of Cincinnati, and be used as a fund for establishing
and maintaining a medical library and museum for said hospital; and said
board of trustees shall, from time to time appropriate and apply said fund for
the purchase of a library of scientific books and specimens, and illustrations
directly connected with, and collateral to, the cultivation of medical and sur-
gical science, which shall be open at reasonable hours to all physicians of the
city of Cincinnati, and to all such pupils and medical students admitted to the
privileges of said hospital, as aforesaid, free of charge. The trustees shall
expend, annually, at least two-thirds of said fund for books, periodicals, and
binding for said medical library, and the said medical library shall be kept in
said commercial hospital of Cincinnati, but in the discretion of the board of
trustees of the said commercial hospital of Cincinnati may be deposited in
the fire-proof building of the public library of Cincinnati; provided, the man-
agers of said public library shall receive it free of charge, provide separate
alcoves or apartments for it, catalogue, and furnish a distinctive label to each
book of said medical library, and keep it accessible to those entitled to its use.
The trustees shall publish annually, a statement of the receipts and expendi-
tures of said fund. [1875, March 27: 72 v. 223; 67 v. 120; 58 v. 151.]
(2167-6) [Meetings of the trustees; record; report.] The trustees
shall hold meetings according to such rule as they may adopt; they shall keep
a record of their proceedings; and four members must concur in any act of
the board. They shall annually, on or before the first day of March, make a
report to the mayor of the city of Cincinnati of their management of the hos-
pital, its condition and wants, with such information as to the patients therein,
and the medical and surgical treatment of them, as said trustees may deem of
public interest. [58 v. 151.]
Bonds to build free hospital, passed March 24, 1885: 82 v. 93.
SPRINGFIELD.
In
(2167-7) SEC. 1. [Board of hospital trustees; qualifications.]
cities of the second class, third grade a, there shall be a board of hospital trus-
tees, consisting of five (5) members, not more than three (3) of whom shall at
any time belong to the same political party, and at least four (4) of whom shall
be electors of the city for which they are appointed, and one (1) of whom may
be an elector of the township in which such city is situated, although not an
elector of such city. [93 v. 708.]
(2167-8) SEC. 2. [Appointment; term; vacancy.] The members of
such board of hospital trustees shall be appointed by the board of tax commis-
sioners of such city within thirty (30) days after the passage of this act, respec-
tively for terms of one (1), two (2), three (3), four (4) and five (5) years, and
thereafter one (1) member shall annually be so appointed for the term of five (5)
years, and in case of a vacancy arising from any cause such vacancy shall be so
filled by appointment for the unexpired part of such term. [93 v. 708.]
1053
Tit. XII, Div. 6, Ch. 3.
HOSPITALS.
§ (2167-9).
(2167-9) SEC. 3. [Compensation; oath; bond.] The members of
said board of hospital trustees shall serve without compensation, and before
entering upon the discharge of their duties shall take the oath of office pre-
scribed by law, and shall each give bond in the sum of twenty-five hundred
($2,500) dollars, conditioned according to law and to the approval of the mayor
and council of such city. [93 v. 709.]
(2167-10) SEC. 4. [Meetings; rules and regulations; record; pass-
age of resolution or order; quorum; no member to be interested in con-
tract; clerk.] Such board of hospital trustees shall hold meetings at least
once a month, and shall adopt all necessary rules for the regulation of its busi-
ness; it shall keep a complete record of all its proceedings, which record, or a
copy thereof, duly certified by the clerk of said board, shall be competent evi-
dence of the transactions of said board in all the courts of this state; the ayes
and nays shall be called upon the passage of every resolution or order; three
(3) members of the board shall constitute a quorum for the transaction of all
business, and no resolution or order shall be adopted or contract or other obli-
gation entered into unless three (3) members shall vote in its favor; and no
member of the said board shall be interested, directly or indirectly, in any con-
tract concerning any hospital under the control of said board. The city clerk
shall act as the clerk of such board of hospital trustees, and shall receive no
additional salary or compensation for such services. [93 v. 709.]
(2167-11) SEC. 5. [Board's control.] Such board of hospital trus-
tees, subject to the ordinances of council, shall have the entire management
and control of any hospital or hospitals now belonging to any such city, or
which it may hereafter acquire, and shall establish such rules for the govern-
ment thereof and the admission of persons thereto as it may deem expedient;
such board of hospital trustees shall also have the entire control of the expend-
iture of all moneys which any such city may, from time to time, have avail-
able for hospital purposes from whatever sources the same may have been de-
rived, and the same shall be disbursed by the treasurer of any such city only
upon the warrant of the city clerk, drawn in accordance with the order of such
board of hospital trustees. [93 v. 709.]
(2167-12) SEC. 6. [Further as to same.] Such board of hospital
trustees shall have the entire management and control of the erection, rebuild-
ing and repair of all buildings used for hospital purposes, and shall also have
the entire management and control of all grounds used for hospital purposes,
and shall adopt rules and regulations for the protection, care and government
of all such buildings and grounds under its charge, and such rules, when
approved by the council of any such city, shall have the same effect and may
be enforced by the same penalties as ordinances of the city. [93 v. 709.]
(2167-13) SEC. 7. [Procedure before entering into contracts.]
It shall be the duty of such board of hospital trustees before entering into any
contract for the erection of a hospital building, or for the rebuilding or repair
of any hospital building, the cost of which exceeds one thousand ($1,000)
dollars, to cause plans, specifications, detailed drawings and forms of bids to be
prepared, and when adopted by the board, it shall have the same printed for
distribution among the bidders. [93 v. 709.]
(2167-14) SEC. 8. [How contracts to be made.] All contracts shall
be made in the name of the corporation, and it shall be stipulated therein that
the contractors will not execute any extra work or make any modifications or
alterations in the specifications and plans, unless ordered in writing by the board;
that they will not claim pay for the same unless such written order is given, and
the extra price or compensation fixed and agreed upon; and copies of the plans
and drawings attested by the contractor, and the original bids, specifications.
1054
S (2167-15).
HOSPITALS.
Tit. XII, Div. 6, Ch. 3.
and contracts shall be deposited in the office of the clerk of the corporation..
[93 v. 710.]
(2167-15) SEC. 9. [Notice for bids.] The board shall not enter into
any contract for work, or supplies, where the estimated cost thereof exceeds one
thousand ($1,000) dollars, without first causing thirty (30) days' notice to be-
given in one newspaper of general circulation in the corporation, that sealed
proposals will be received for doing the work or furnishing the materials and
supplies. [93 v. 710.]
(2167-16) SEC. 10. [Bids.] Each bid shall be accompanied with a
bond, signed by sufficient security, for the acceptance of the contract, if
awarded by the board, to fully secure any difference between the amount of
such bid and the next higher bid; and such amount shall be collected by the
board and paid into the hospital fund, in case of the refusal by the bidder to
enter into contract according to his bid, within such reasonable time, as the
board may determine. [93 v. 710.]
(2167-17) SEC. 11. [Same.] All bids shall be enclosed in a sealed
envelope, and deposited with the clerk of the board, and such sealed envelope
shall have endorsed thereon the nature of the same; and all bids shall be
opened at a regular meeting of the board. [93 v. 710.]
(2167-18) SEC. 12. [With whom board to contract.] The board shall
enter into contract with the lowest responsible bidder, upon his giving bond to
the corporation, with such security as the board shall approve, that he will per-
form the work and furnish materials or supplies in accordance with his contract;
and on the failure of such bidder with in a reasonable time, to be fixed by the board,
to enter into bond with the security before provided, a contract may be made
with the next lowest responsible bidder, and so on, until a contract is effected
by a contractor giving bond as aforesaid; provided that the board may reject
any and all bids. [93 v. 710.]
(2167-19) SEC. 13. [Power of board to incur liabilities.] Such
board of hospital trustees shall have no power to incur any liability for hospi-
tal purposes beyond the amount of the funds levied, or otherwise received for
such purpose. [93 v. 710.]
(2167-20) SEC. 14. [Employment of superintendents, physicians,
etc.] Such board of hospital trustees may employ such superintendents, phy-
sicians, nurses and other employes as it may deem necessary for the execution
of its duties, and fix their salaries or compensation; and any of such persons
may be removed by such board at any time. [93 v. 710.]
(2167-21) SEC. 15. [Report to council; estimate.] Such board of
hospital trustees shall annually, on the first Monday in April, make a report
to the council of their proceedings in respect to hospitals, with a detailed state-
ment of their receipts and expenditures during the year; and they shall also
at the same time submit to the council a detailed estimate of the amount
necessary to maintain and improve such hospital for the ensuing year. [93 v..
710.]
1055
Tit. XII, Div. 6, Ch. 4.
INFIRMARIES.
§§ 2168-2170.
CHAPTER 4.
SECTION
INFIRMARIES.
2168. Board of infirmary directors.
2169. Location of pest-houses, etc.
2170. How elected: term, and compensation of; in
certain cities, how appointed.
2170-1. Compensation of directors in Franklin
county.
2171. To be governed by regulations applicable to
hospitals.
2172. Their care for the inmates: separation of the
sexes, etc.
2173. Appointment of overseers of the poor.
2174. Duties of infirmary directors in case of partial
relief.
2174-1. Lucas county may give outside relief.
SECTION
2175. Duties of city infirmary directors in case of no
legal settlement.
2176. Concerning orphan asylums in cities of the
first and second class.
2177. [Repealed.]
2178. [Repealed.]
2179. [Repealed.]
2180. [Repealed.]
2180-1. City council in Cincinnati to appropriate
money for infirmary debts; city iùfirm-
aries.
·
2180-2. Cincinnati may pay certain warrants.
2180-3. Resolution to pay.
2180-4. Saving clause.
For "an act to provide for the appropriation of private property by cities of the first
class of the first grade having a city infirmary without the corporate limits,” 77 v. 241.
For acts authorizing the issue of bonds by cities of the first grade of the first class for
city infirmary purposes-Cincinnati, see 78 v. 59; 79 v. 120.
For "an act to provide for the protection of children" (80 v. 102 and amendments),
See ? 931c.
For acts defining the legal residence of electors who may be inmates of infirmaries in
certain cities and counties (84 v. 124; 85 v. 78; 86 v. 244), see ? (2947—1) et seq.
SEC. 2168. [Board of infirmary directors.] The management of the
affairs of all corporation infirmaries now existing or which may hereafter be
established, and the care of the inmates thereof, the erection and enlargement
of infirmary buildings and additions thereto, and the repair and furnishing
thereof, the improvement of the grounds therewith connected, and the granting
of out-door relief to the poor, shall be vested in a board of three directors,
which shall be called "the board of infirmary directors; " provided, that in
cities of the second grade of the first class, the board of infirmary directors shall
consist of five members, not more than three of whom shall be of the same
political party. [1883, March 7; 80 v. 46, 47; 77 v. 16; Rev. Stat. 1880; 72 v.
76, § 298.]
This section is repealed as to Cleveland, see under ? (1545-85), and the infirmary is
put under the director of charities and correction, see ? (1545—67).
The board of infirmary directors of a municipal corporation is an accounting officer within the meaning
of 2 7075: Hauck v. State, 45 O. S. 439.
SEC. 2169. [Location of pest-houses, etc.] The infirmary, or the pest-
house of the corporation may be located either within or outside of the cor-
poration limits, and the council is authorized to purchase and hold the neces-
sary real estate on which to build the same. [72 v. 76, § 298.]
For "an act to authorize cities of the first grade of the first class to levy a tax for pest-
house purposes," see 81 v. 135.
SEC. 2170. [How elected; term, and compensation of; in certain cities,
how appointed.] The directors shall be electors and be elected by the electors
of the corporation, and shall hold their office for three years, except that at the
first election, one of the directors shall be chosen to serve for one year, one for
two years, and one for three years, and thereafter one shall be elected annually;
and the directors shall receive such compensation as the city council may, by
ordinance, provide; provided, that in cities of the first grade of the first class,
the mayor thereof shall appoint three directors who shall hold their offices, one
for one year, one for two years, and one for three years, from the next municipal
1056
$ (2170-1).
INFIRMARIES.
Tit. XII, Div. 6, Ch. 4.
election, and thereafter one director shall be elected annually for a term of three
years, as hereinafter prescribed; but if a vacancy in the office or any of the said
appointees shall occur, from any cause other than the expiration of his term,
the mayor shall appoint some suitable person to hold the office until the next
annual municipal election, when a successor shall be elected to serve for the
unexpired term. The directors so appointed, and their successors, shall be paid
from the infirmary fund of the cities, aforesaid, the same compensation as was
heretofore allowed such officers in such cities. Each board so appointed, shall
forthwith enter upon the discharge of its duties, taking full control of the
infirmary, and providing the necessary officers and employes to properly con-
duct the same. Provided, further, that in cities of the second grade of the first
class, the board of infirmary directors shall consist of five members, to be
appointed by the mayor, with the approval of the council, to hold office for the
term of five years, except at the first appointment under this act, one shall be
appointed for one year, one for two years, one for three years, one for four years,
and one for five years, and thereafter one shall be appointed annually, and the
term of office of the present directors in said cities of the second grade of the
first class, shall cease and determine upon the appointment and qualification
of the directors herein provided for said last named cities, and for all contracts
of said last mentioned directors to the amount of five hundred dollars or more,
the approval of the council shall first be obtained. [1883, March 7: 80 v. 46,
47; 77 v. 16; Rev. Stat. 1880; 70 v. 100, § 299.]
(2170-1) [Compensation of directors in Franklin county.] Each
director of the county infirmary in counties containing a city of the first grade
of the second class, shall receive the sum of seven hundred and fifty dollars
per annum for their services in attending the regular and called meetings of the
board and for the transaction of any other business pertaining to the infirmary,
which shall be paid monthly out of the county treasury on the warrant of the
county auditor, in addition to the sum now authorized by law to be allowed
and paid such directors. [90 L. L. 173.]
Salary of directors in Lucas county, 91 v. 744.
SEC. 2171. [To be governed by regulations applicable to hospitals.]
In the management of an infirmary, in the care and treatment of the inmates
thereof, and in the erection, enlargement, or repair of any building for infirmary
purposes, or of any addition thereto, the directors shall have the same powers,
be governed by the same regulations, and perform the same duties, as far as
applicable, as are vested in the commissioners of hospitals, as provided in the
preceding chapter; and the power of the council in relation to such infirmaries,
and the conduct of the directors thereof, shall be the same, so far as applicable,
as provided in the chapter in relation to hospitals. [66 v.200, § 300.]
SEC. 2172. [Their care for the inmates; separation of sexes, etc.] The
directors shall further see that the inmates of such infirmary are comfortably
provided for and kindly treated; and they may, whenever deemed necessary,
provide for the care and support of the males and females in separate build-
ings, or in separate departments of the same building. [66 v. 200, § 301.]
SEC. 2173. [Appointment of overseers of the poor.] The council shall
provide by ordinance for the appointment by the mayor, subject to the approval
of the council, of such number of persons as may be deemed necessary, not to
exceed one in each ward, to act as overseers of the poor, and shall prescribe
the duties of such persons in relation to the care of the poor, and their removal,
when necessary, to the infirmary; but such persons shall not receive any com-
pensation for their services: provided, that in cities of the first grade of the
first class, the board of infirmary directors may divide such cities into districts,
not exceeding six in number, bounded by ward lines, and may appoint one
overseer of the poor for each of said districts. Such overseers shall act under
1057
Tit. XII, Div. 6, Ch. 4.
INFIRMARIES.
§§ 2174-2178.
the supervision of said board, and shall each serve such length of time not
exceeding one year, and each receive such pay, not exceeding six hundred dol-
lars per annum, as said board shall prescribe, and they shall be subject to
removal at the pleasure of said board. The said overseers shall have charge
of the poor in their respective districts, and shall recommend in writing to the
board such assistance as they may deem proper, but shall not themselves be
allowed to directly furnish the assistance. Said board shall also have, in
addition to the powers conferred by law upon all boards of infirmary directors,
the power to appoint a superintendent, clerk, store-keeper, physician, and
matron, and to prescribe their duties, fix their terms of office and compensa-
tion, and also to remove them at pleasure. [1880, February 25: 77 v. 16, 17;
Rev. Stat. 1880; 72 v. 12, § 302.]
SEC. 2174. [Duties of infirmary directors in case of partial relief.]
Upon complaint being made or information given to the directors, that any
person residing in the city is in a condition that requires public assistance or
support, said directors shall inquire into the condition and necessities of such
person, and if satisfied that relief ought to be granted at public expense, and
that such person requires temporary or partial relief only, and that for any
cause it would not be prudent to remove such person to the city infirmary,
such directors may afford such relief, at the expense of the city, without such
removal; and the directors of any city infirmary have the same power of
removing paupers settled in some other county in this state which, by law, is
conferred on county infirmary directors. [73 v. 233, § 22.]
(2174—1) Lucas county may give outside relief.] [Repealed, 93 v.
276; 92 v. 741.]
SEC. 2175. [Duties of city infirmary directors in case of no legal set-
tlement.] The directors of an infirmary erected and established in any city
for the accommodation of its poor, shall not require the directors of the county
infirmary of the county in which such city is situated, to receive and provide
for persons having no legal settlement within this state, or whose place of res-
idence is unknown, or to charge the commissioners of the county with the
expense of providing for such persons in the city infirmary; but the directors
of such city infirmary shall furnish relief and support to such persons in said
city infirmary, applying therefor the same as county infirmary directors are
required to do, and have like power of removing such persons as county infirm-
ary directors have to such other city or county infirmary where such pauper's
legal settlement is; but the provisions of this section shall only apply to counties.
in which there is a county and a city infirmary. [73 v. 233, § 23.]
SEC. 2176. [Concerning orphan asylums in cities of the first and
second class.] In all cities in which orphan asylums have been or may be
established by law, or as private institutions, the directors of the city infirm-
ary or other persons having charge of the poor in such cities, may make such
arrangements with the trustees or the person having charge of said asylums,
for the support and education of all orphan or other children coming under
their control by virtue of the laws in force at the time, as they deem proper,
and shall allow such compensation as is reasonable and just, to be paid out of
the poor fund of such city. [51 v. 412, §2; S. & C. 891.]
SEC. 2177. [Repealed 1880, February 25: 77 v. 16. Former statute: Rev.
Stat. 1880.]
SEC. 2178. [Repealed 1880, February 25: 77 v. 16, 17. Former statute:
Rev. Stat. 1880.]
63
1058
§ (2180—1).
INFIRMARIES.
Tit. XII, Div. 6, Ch. 4.
[Repealed 1880, February 25: 77 v. 16, 17.
Former statute:
[Repealed 1880, February 25: 77 v. 16, 17.
Former statute:
SEC. 2179.
Rev. Stat. 1880.]
SEC. 2180.
Rev. Stat. 1880.]
(2180-1) [City council in Cincinnati to appropriate sums for in-
'firmary debts.] The board of infirmary directors in every city of the first
grade of the first class, in addition to the report required by section 2690i of
the Revised Statutes, shall also before the first day of June next report to the
comptroller of every such city the amount of money, not exceeding twenty-
two thousand dollars, needed to pay for such supplies as they may be satisfied
have been actually furnished to such infirmary and not heretofore paid for.
Every such comptroller shall forthwith upon receipt of said estimate from such
board of infirmary directors report the same to the council of such city and to
the board of tax commissioners thereof in addition to the statements such
comptroller is required to furnish under section 2690f of the Revised Statutes
and in the manner in that section prescribed. And in the appropriations made
under section 2690h of the Revised Statutes for the next fiscal year, the addi-
tional amount thus estimated by said board of directors shall be appropriated
for such city infirmary, without alteration or amendment; and the. same shall
be expended by said board of directors, in paying such delayed or old claims
for supplies furnished to the city infirmary as may be approved by them, by
voucher certified to the city comptroller, upon which he shall issue his warrant
to the city treasurer which warrant shall be paid as in the case of other claims
against such city infirmary. [87 v. 260.]
(2180-2) [Cincinnati may pay certain warrants.] Whenever in any
city of the first grade of the first class, and in which city there is, or has been,
a duly elected and qualified board of city infirmary directors charged with the
management and control of any city infirmary, there is presented to the board
of administration of such city, if there be such board, and if not, then to the
board of directors of such city infirmary, original warrants that have hereto-
fore been drawn by the board of directors of such city infirmary, properly
signed by the members of such board and duly attested by the clerk of such
board, upon the proper accounting officer of such city, and which the bona fide
holder or holders of such original warrants, may, by competent proof, under
oath, establish to the satisfaction of said board of administration or board of
city infirmary directors as the case may be, were purchased by them in good
faith, in the regular course of business and for full value, said board of admin-
istration, or said board of city infirmary directors, if there be such board, shall,
if it is deemed necessary, cause the corporation counsel of such city or the
city solicitor thereof, to summon by the process of subpoena, the holders and
owners of said warrants to testify under oath before such board touching their
ownership thereof; and for this purpose power is hereby given to said board
by the process of subpoena to compel the attendance of witnesses, to admin-
ister oaths and compel the production of books and papers. [92 v. 636.]
(2180-3) [Resolution to pay.] Whenever said board of administra-
tion, or said board of infirmary directors shall, after a full examination and
investigation as provided in the preceding section, be satisfied as therein pro-
vided, then said board shall by resolution, direct and order the payment of
said warrants out of such city infirmary's portion of the proceeds derived from
the "Dow tax" for the year 1896 and succeeding years thereafter until the
same shall have been fully paid and discharged; provided that such payments
shall not exceed the sum of five thousand ($5,000) dollars in any one year
and provided further that the aggregate thereof shall not exceed ten thousand
($10,000) dollars. (92 v. 636.]
(2180-4) [Saving clause.] The provisions of section 2699 and section
2702 of the Revised Statutes shall not apply to this act. [92 v. 636.j
1059
Tit. XII, Div. 6, Ch. 5.
CHILDREN'S HOMES.
§§ 2181-2183.
SECTION
CHAPTER 5.
CHILDREN'S HOMES.
2181. Powers of trustees and managers.
2182. May act as guardians of children, and procure
them homes.
2183. Power to indenture; and record of children.
SECTION
2184. Assignment of services and cancellation of con-
tract.
2185. Power of removal from unsuitable homes.
For Cleveland city farm school, see ? (2112—1) et seq.
Part of dog tax to go to Cuyahoga children's home and industrial school, see ? 4215.
For acts relating to children's homes (78 v. 154)-Cuyahoga county (66 v. 8; 82 v. 41;
86 v. 340), see ? (935—1) et seq., ? (950—1) et seq., ? (933—1) et seq.
For"
an act to provide for the protection of children" (80 v. 102 and amendments),
see ? (931c) et seq.
SEC. 2181. [Powers of trustees and managers.] In cities of the first
and second class, where children's homes or industrial schools may be estab-
lished under the incorporation law of the state, the trustees and managers of
such institutions may take under their guardianship all children who may be
placed under their care and management in either of the following modes:
First-Children under sixteen years of age, who are voluntarily surren-
dered by the father and mother, or in case of the death, or long continued or
willful absence of the father, by the mother, or by their guardians, to the care
of such trustees and managers, they being by virtue of such surrender invested
with the same power over the persons of the children as the parents or guard-
ians.
Second-Children under sixteen years of age who, upon the application of
the trustees and managers, may be committed to their care by any judge of
probate court, or mayor of such city, on account of vagrancy or exposure to
want and suffering, or neglect or abandonment by their parents or guardians,
or other persons having custody of such children, or in accordance with the
request of their mother or next friend in case of the habitual intemperance,
abuse, or neglect of their father; and such judge of probate court, or mayor, so
committing any child to the care of the trustees and managers, shall annex to
the commitment an abstract of the evidence taken by him and on which his
adjudication was founded, which evidence shall have been taken under oath.
[63 v. 51, §1; S. & S. 726.]
See ?? 929 and 2182 et seq., and ? 4010 et seq.
SEC. 2182. [May act as guardian of children, and procure them
homes.] The trustees and managers shall have the guardianship of such chil-
dren during their minority, and may, when it may seem proper, place them in
suitable homes, having scrupulous regard to the religious and moral character
of the persons with whom such children are placed, in order to secure to them
the benefits of good example and wholesome instruction, and the opportunity
of becoming intelligent and useful men and women. [63 v. 51, §2; S. & S. 727.]
See § 929 et seq.
SEC. 2183. [And may indenture them; record of age, parentage, etc.,
must be kept.] The trustees and managers shall require an agreement to be
entered into, that each and every child so placed shall be furnished with good
and sufficient food and clothing and a suitable common school education; the
trustees and managers may indenture any such child when in their judgment
it may seem best, and shall provide themselves with books, in which shall be
entered the age, parentage, place of residence, and present condition of every
1060
§§ 2184-2185.
CHILDREN'S HOMES.
Tit. XII, Div. 6, Ch. 5.
child received in any such children's home or industrial school; and they shall
also cause to be entered in such books the time when, the place where, and the
person to whom any of the inmates of such children's home or industrial school
have been placed for suitable homes, or indentured, together with a substantial
statement of any contract made between such trustees and managers, and the
person receiving such child. [63 v.51, §3; S. & S. 727.]
See 2929 et seq.
SEC. 2184. [Assignment of services and cancellation of contracts.]
Any person receiving such child from the trustees and managers of such insti-
tution, shall not assign or transfer his services for any period without the writ-
ten consent of the trustees and managers; and if, for any cause, a person so
taking charge of a child, desires to be released from the contract, the trustees
and managers, upon application, may cancel the same, and resume the charge
and management of the child, and shall have the same power and authority
over him as before the agreement was made. [63 v. 51, § 4; S. & S. 727.]
See ?929 et seq.
SEC. 2185. [Trustees may remove children from unsuitable homes.]
The trustees and managers may remove a child from a home when, in their
judgment, the same has become an unsuitable one, and they shall, in such
cases, resume the same power and authority as they originally possessed; but
they may return a child to parents or a surviving parent or guardian, or when
they believe the child to be capable of caring and providing for himself, may
discharge him to his own care. [63 v. 51, §5; S. & S. 727.]
See ? 929 et seq.
1061
Tit. XII, Div. 7, Ch. 1. BOARD OF IMPROVEMENTS.
$2186.
SEVENTH DIVISION: IMPROVEMENTS.
CHAPTER 1. BOARD OF IMPROVEMENTS.
CHAPTER 2. Board of Public Affairs.
CHAPTER 3.
CHAPTER 4.
APPROPRIATION BY CITIES AND VILLAGES OF PRIVATE PROP-
ERTY TO PUBLIC USE.
ASSESSMENTS FOR IMPROVEMENTS.
SECTION
2186. Composition of board of improvements.
2187. Duties of the board.
2188. May adopt rules, regulations, etc.
2189. Clerk of the board: his duties, etc.
2190. Board may employ superintendents of im-
provements, etc.
CHAPTER 1.
BOARD OF IMPROVEMENTS.
SECTION
2195. Powers and duties thereof.
2196. No compensation allowed to members of
board.
2197.
Cleaning and repair of streets, ditches, market
places, etc.
2198.
Appliances for that purpose to be kept; employes
2191. No improvements without recommendation of
the board.
for that purpose; their compensation.
2199.
[Repealed.]
2192. To superintend construction of public works,
2200. [Repealed.]
etc.
2201.
[Repealed.]
2193. Petitions for improvements to be presented to
board.
2202.
Repealed.]
2203.
[Repealed.]
2204.
Estimate and levy of tax for street-cleaning fund.
2194. Special boards of improvements in villages.
For "an act to give preference of appointment or employment to honorably discharged
soldiers," etc. (85 v. 149), see ? (3107-48).
SEC. 2186. (Composition of board of improvements.] When the
council of a city establishes a board of improvements, such board shall be com-
posed of the mayor, civil engineer, the street commissioner, the chairman of
the committee on streets of the council, and one freehold elector of the cor-
poration, to be appointed by the mayor, with consent of the council, for such
time as may, by ordinance, be determined; provided, that in cities of the
second grade of the first class, such board shall be composed of the mayor, the
civil engineer, the street commissioner, one freehold elector of the corporation,
to be elected by the council, and the chairman of the committee on streets of
the council; and provided further, that in citics of the first grade of the first f
class there shall be no such board, but the duties of the board, defined herein,
are devolved upon the board of city commissioners, which board shall, in addi-
tion to its other powers and duties, have all the powers and perform all the
duties required of the board of improvements in this chapter, not inconsistent
with the duty of the board of city commissioners. [1889, April 13: 86 v.277;
83 v. 198; Rev. Stat. 1880; 76 v. 80 (89), § 1; (S. & S. 801).]
Under the provisions of 105 of an act to provide for the organization of cities and incorporated villages,
passed May 3, 1852 (S. & C. 1526), the city council of a city of the first class, having a board of improvements,
may order the improvement of a street without a report of such board “that an assessment will be required.
and the proper amount to be assessed." Such a report is not a condition precedent to the making of such
order; Hubbard v. Norton, 28 O. S. 117.
This section was limited in its application to Cincinnati (87 v. 63, 23), see 2231 (the
similar repeal in 88 v. 7 was held unconstitutional in 48 O. S. 211).
1062
§§ 2187-2192.
BOARD OF IMPROVEMENTS. Tit. XII, Div. 7, Ch. 1.
Repealed as to Cleveland, see under ? (1545-85).
Repealed as to Columbus, see ? (1545—174).
Dayton board of improvements, see ?? 1707d-1 et seq.
Ravenna board of improvements, see 89 v. 24.
Springfield board of public affairs, see ? (1545—247).
Akron and Youngstown board of city commissioners, see ? (1545—274).
Portsmouth board of public affairs, see ? 1707f et seq.
Hamilton board of control, see ? 1545-289) et seq.
SEC. 2187. [Duties of board.] The board shall supervise the cleaning,
repairing, and improving streets, alleys, avenues, lanes, public wharves and
landings, market-houses and spaces, bridges, sewers, drains, ditches, culverts,
ship-channels, streams and water-courses, and the lighting all such public places
as may be deemed necessary, within the corporation, under the control of the
council of the city. [67 v. 78, § 497; (S. & S. 831; S. & C. 1559).]
Cited in Springmyer v. Bowler, 1 C. C. 502.
See note to State ex rel. v. Boyden, 4 N. P. 322; 6 O. D. 509, under ? 2207.
SEC. 2188. [May adopt rules and regulations, etc.] It may adopt
such rules and regulations for its government as it may deem necessary and
expedient to effect the purpose of its organization, not inconsistent with the
ordinances of the corporation or constitution or laws of the state. [66 v. 233,
§498; (S. & S. 832).]
Cited in Springmyer v. Bowler, 1 C. C. 502.
SEC. 2189. [Clerk of the board: his duties, etc.] It may appoint a
clerk, whose duty it shall be to attend all meetings of the board, and keep a
complete journal of all its proceedings, orders, and resolutions, which journal
shall be at all times open for public inspection; it shall also be the duty of the
.clerk to perform such other duties as the board shall require; and he shall
receive such compensation as the council, upon the recommendation of the
board, may determine. [66 v. 233, § 499; (S. & S. 832).]
SEC. 2190. [Board may employ superintendents of improvements,
etc.] The board may employ such person or persons to superintend and per-
form the work of making improvements as the interests of the corporation
demand; and the services of such employes shall be paid for, on the recom-
mendation of the board, in such manner as the council may determine. [66 v.
233, § 500.]
SEC. 2191. [No improvements without recommendation of board.]
No improvements or repairs shall be ordered or directed by the council in any
corporation where such board exists, for any street, lane, alley, avenue, mar-
ket-house or space, bridge, sewer, drain or ditch, culvert, navigable stream,
water-course, ship-channel, or public wharf or landing of the corporation,
except on the recommendation of the board of improvements. [67,v. 79, §501;
(S. & S. 831).]
The recommendation of a majority of the five members of the board, elected under the act of 1852 (50 v.
223, 74), that the street be improved, was indispensable: Brophy v. Landman, 28 O. S. 542.
Although the recommendation of the board as to a matter may be jurisdictional, it is not essential that
it appear in terms in the board's record; and if the fact that the recommendation was made be recited in an
ordinance of council with respect to the improvement, prima facie evidence of the recommendation will be
thereby afforded: Reynolds v. Schweinefus, 27 O. S. 311.
In Krumberg v. Cincinnati, 29 O. S. 69, 77, it was said: "Looking to the powers and duties of the board
of improvements, it may be questionable whether their recommendation is necessary before the council can
acquire real estate, by appropriation or otherwise, for any public use."-White, J.
1
Cited in Kelly v. Cleveland, 34 O. S. 480.
Where a party seeks, in equity, to enjoin the collection of an assessment by the city council, on the
ground that the improvement was not recommended by the board of city improvements, he must show such
fact by averment and proof: Bolton v. Cleveland, 35 O. S. 319.
SEC. 2192. [To superintend construction of public works, etc.] The
board shall exercise such powers and perform such duties in the superintend-
ence and construction of public works and improvements constructed by
authority of the council, or owned by the corporation, and perform such other
duties relating to the public improvements and the enforcement of ordinances
relating to the streets of the corporation, as the council may, from time to
time, prescribe. [66 v. 234, § 502.1
!
1063
Tit. XII, Div. 7, Ch. 1. BOARD OF IMPROVEMENTS.
§§ 2193-2204.
SEC. 2193. [Petitions to be presented to board, etc.] All petitions for
improvements from owners of property shall be presented to the board, who
shall report, from time to time, to the council when any such improvement is
necessary or proper; and when an assessment is required, the same shall be
reported, with an estimate of the amount to be assessed, to the council, which
shall take such action thereon as may be deemed proper. [66 v. 234, § 503.]
See note to Hubbard v. Norton, 28 O. S. 117, under 2 2186.
SEC. 2194. [Boards of improvement in villages.] The council of a·
village, in which there is no civil engineer or street commissioner chosen by
the electors, may appoint two resident freehold electors of the corporation,
who shall hold their office for two years, and who, with the mayor, shall con-
stitute the board of improvements of such corporation. [66 v. 234, § 504.]
SEC. 2195. [Powers and duties thereof.] Such board shall have the
same powers and perform the same duties in respect to the village as are in vested
in and required of the board of improvements under the preceding sections of
this chapter. [66 v. 234, § 505.]
SEC. 2196. [No compensation allowed to members of board.] The
members of the board of improvements shall not be entitled to receive any
compensation for their services. [66 v. 234, § 506.]
SEC. 2197. [Cleaning and repair of streets, ditches, market places,
etc.] In cities of the second grade of the first class the street commissioner
shall, under the direction and supervision of the board of improvements, clean
or cause to be cleaned, and keep in repair the ditches, avenues, streets, alleys and
market places within such city. [1887, March 8: 84 v. 67; 81 v. 44; 79 v. 76;
Rev. Stat. 1880; 74 v. 103, §§ 1, 2.]
SEC. 2198. [Appliances for that purpose to be kept; employes for
that purpose; their compensation.] The board in such city is hereby author-
ized to purchase machinery, utensils and all other appliances and appurtenances
necessary to keep in repair and to clean the ditches, catch basins, avenues,
streets, alleys and market places within such city[;] and said street commis-
sioner is hereby authorized to employ any person or persons necessary to clean
and keep in repair the ditches, catch basins, avenues, streets, alleys and market
places, within such city; and shall receive compensation for such labor, to be
fixed by the board of improvements, at least once in two weeks. [1887, March 8:
84 v. 67; 81 v. 44; 79 v. 76; Rev. Stat. 1880; 74 v. 209, § 2.]
SEC. 2199. [Repealed 1887, March 8: 84 v. 67, 68.
Stat. 1880; 74 v. 104, § 3.]
Former statutes: Rev.
SEC. 2200. [Repealed 1887, March 8: 84 v. 67. Former statutes: Rev.
Stat. 1880; 74 v. 104, §3.]
SEC. 2201. [Repealed 1887, March 8: 84 v. 67. Former statutes: Rev.
Stat. 1880; 74 v. 104, §§ 4, 7.]
SEC. 2202. [Repealed 1887, March 8: 84 v. 67. Former statutes: Rev.
Stat. 1880; 74 v. 104, § 4.]
SEC. 2203. [Repealed 1887, March 8: 84 v. 67. Former statutes: 81 v. 44;
79 v. 76; Rev. Stat. 1880; 74 v. 104, § 5.]
SEC. 2204. [Estimate and levy of tax for street cleaning fund.] At
the time of making annual estimates, it shall be the duty of the board of
improvements of such city of the second grade of the first class, to make an
estimate of the amount required for the payment of such work, machinery and
utensils, which estimate shall be certified to the council, which shall, at the
time of making the annual levy, provide a levy upon all the taxable property
within the city for the amount so certified, which when collected, shall be paid
to the credit of a fund to be called the street cleaning fund; but nothing herein
1064
$2205.
BOARD OF CITY AFFAIRS. Tit. XII, Div. 7, Ch. 2.
contained shall be so construed as to authorize an increase of the tax which
such city is permitted to levy. [1887, March 8: 84 v. 67, 68; Rev. Stat. 1880;
74 v. 105. 8 6.1
Cincinnati-board of improvements authorized to construct viaducts over public ways,
railroads, creeks, etc.; damages; appropriation of private property for; elevation and
approaches; may require railroads to relay track; bonds; contract. Passed March 24,
1890; 87 v. 89.
Cincinnati board of improvements authorized to purchase avenues from avenue com-
panies, see ? 3826a and b.
Columbus-bridges or viaducts over railroads; bonds; tax. Passed May 4, 1891: 88
v. 563.
CHAPTER 2.
BOARD OF CITY AFFAIRS.
Title of chapter changed (93 v. 58; 83 v. 175, 22; 77 v.
SECTION
2205. Constitution of: appointment; appointment
of first board; apportionment politically;
terms; election of successors; vacancies.
Bond.
2206.
2207. Duties of members; salary.
2208. Daily session; quorum, etc.
Records and books.
SECTION
36, 26).
2221. When contract void.
2222. Names of parties interested in contracts to be
disclosed.
2223. Contracts without approval of council.
2224. How public contracts in certain cities (Cincinnati)
modified.
2224a. When contract changed, how assessments made.
22246. Power of court in action for recovery of such assess-
ments.
2209.
2210. To sit in council.
2211. Officers and employes.
2212. To have powers of certain other boards.
2213.
2225.
As to payment for extra work.
Estimate of cost of work and materials to be
made.
2226.
2214. When resolution, ordinance, etc., to be sent to
council.
2227.
2215. Advertisements for proposals.
2216. How contracts made.
2217. Liability not to be created except by authority
of board.
2218. Member or employe not to be interested in
contract.
2219. Board may compel the attendance of witnesses
and administer oaths.
2220. Trial of person accused.
2221. When contract void.
Ordinance or resolution for improvement only
to be passed by council on recommendation
of board.
Repealed.
2228. Removal of members.
2229. Revenues of water-works, how expended.
2229a. Repealed.
22296. Repealed.
2230. Board to supervise cleaning of streets.
2231. General powers and duties of board; re-
movals.
2231-1. Board to improve alleys in Cincinnati; pro-
ceedings: assessments, etc.
The "act establishing a board of public affairs in Hamilton," (86 v. 16), was repealed
87 v. 126, 134,
(2022-65).
The Findlay board of affairs act (86 v. 246) was rejected by vote of the people held
under ? 14 of said act.
SEC. 2205. [Constitution of; appointment of first board; apportionment
politically; terms; election of successors; vacancies.] In cities of the first
grade of the first class there shall be a board of city affairs, composed of six citizens
of said city, well known for their intelligence and integrity, who shall be ap-
pointed by the mayor of said city. At the first appointment of such members,
two of said members, each of different political parties, shall be designated to serve
for one year; two, each of different political parties, for two years; and two, each
of different political parties, for three years from the date of their appointment,
and until their successors are elected and qualified as hereinafter provided.
The successors of the members so appointed shall be elected by the qualified
electors of said cities at the municipal election on the first Monday in April,
following the expiration of their said terms, and shall serve for a term of three
years from and after the date they qualify as such members, and the said per-
sons elected as such successors must qualify within ten days from and after
such election. In case of death, resignation or removal of any member so ap-
pointed or elected, the mayor shall immediately appoint some citizen of said
1065
Tit. XII, Div. 7, Ch. 2. BOARD OF CITY AFFAIRS.
§§ 2206-2210.
city to fill the unexpired term of said member. The appointment of members
of this board shall be made by the mayor as above provided, so that at no time
more than three of said members shall be of the same political party. [93 v.
58; 88 v. 227; 88 v. 6; 87 v. 62; 83 v. 173; 77 v. 35; Rev. Stat. 1880; 76 v.
89, §1.]
Declared constitutional: State ex rel. v. Ratterman et al., Supreme Court, 39 W. L. B. 411, 58 O. S.
Court evenly divided as to requiring the mayor to appoint from the different political parties.
For full note see same case under Art. 5, sec. 1, and Art. XV, sec. 4.
The amendment as to Cincinnati passed in 8s v. 6, was held unconstitutional in State v. Smith, 48
O. S. 211.
See ? 2228.
Appointments hereunder must be made on the first Monday in May; removals;
charges, ? (26900).
See (2672-40) on the subject of
(80 v. 129).
Control of parks by, see ? 2506.
License," as to duties of board of public affairs
For an act to give preference of appointment or employment to honorably discharged
soldiers," etc., (3107-48).
May issue bonds for park purposes, see ? 2509a.
May provide for water works commission, see ? (2435-1) et seq.
May grant permission to extend tracks made subject to certain sections, see ? (3443—2).
The act passed May 17, 1886, entitled "an act to establish an efficient board of public affairs in cities of
the first grade of the first class" (83 v. 173), is within the legislative power conferred on the general assembly
by 1, Art. II, and the requirement of 6. Art. XIII, of the Constitution: and does not, by its provisions
vesting the appointment of the board in the governor of the state, impair any of the undelegated powers
which, by 220, Art. I, are declared to "remain with the people:" State ex rel. Herron e. Smith, 44 O. S. 348.
SEC. 2206. [Bond.] Each member of such board of city affairs shall
give bond in the sum of one hundred thousand ($100,000) dollars, to the ap-
proval of the mayor and corporation counsel endorsed thereon, conditioned for
the faithful performance of his duties, with at least three (3) sureties, who,
together, shall qualify in writing, under oath to three times the amount of such
bond, which oath shall be filed with such bond. [93 v. 58; 88 v. 227; 88 v.
6; 87 v. 62; 83 v. 173, 174; 77 v. 35; Rev. Stat. 1880; 76 v. 89, § 2.]
SEC. 2207. [Duties of members; salary.] The members of the board
of city affairs shall devote their entire time and attention to the duties of their
office, and shall each receive an annual salary of four thousand ($4,000) dollars,
which shall be paid them in monthly installments. Each member shall, in
person, supervise the cleaning, repairing and improvement of the streets, ave-
nues, alleys, lanes, public wharves and landings, market-houses and spaces,
bridges, sewers, drains, ditches, culverts and side-walks in one of the districts
into which said city shall be divided. [93 v. 58; 88 v. 227; 88 v. 6; 78 v. 62;
83 v. 173, 174; 77 v. 35; Rev. Stat. 1880; 76 v. 89, § 3.]
The board of administration has power to employ watchmen over property in its care and where such
services are needed and proper: State ex rel. v. Boyden, 4 N. P. 322; 6 O. D. 509.
SEC. 2208. [Daily session; quorum, etc.] The board shall hold daily
meetings, and three shall constitute a quorum for the transaction of business;
the ayes and nays shall be called, and entered upon a journal, upon the pas-
sage of every resolution or order of any kind; and no resolution or order shall
be adopted unless three votes are recorded in its favor. [76 v. 89, § 4.]
SEC. 2209. [Records and books.] The board shall keep a complete rec-
ord of all its proceedings; and a copy from its records, certified by the clerk,
shall be competent evidence in all courts; but a separate journal and record,
and separate accounts, shall be kept, touching all matters connected with the
control of the water-works of such city. [76 v. 89, § 5.]
SEC. 2210. [To sit in council.] The members of the board shall have
seats in both branches of the common council, and be entitled to take part in
its proceedings and deliberations on all questions relating to matters under
their charge, subject to such rules as the council shall, from time to time, pre-
scribe, but without the right to vote; and one of the board may be compelled
to attend every meeting of either board of council, in the same manner as the
members. [76 v. 89, §6.]
1066
§§ 2211-2216.
BOARD OF CITY AFFAIRS. Tit. XII, Div. 7, Ch. 2.
SEC. 2211. [Officers and employes.] The board may employ such
superintendents, engineers, clerks, laborers, and other persons, as it may deem
necessary for the execution of its duties, and fix their salaries and compensa-
tion; but the salaries of such superintendents, clerks, and engineers, as are
appointed for a definite time, shall be fixed within limits prescribed by the
common council; and any of such persons may be removed by the board at
any time. [76 v. 89, § 7.]
For "an act to define the duties of civil engineers" (86 v. 120), see ? (3231—1) et seq.
Where the surveying and engineering of an improvement were performed by the chief engineer of the
city and his assistants, who were officers appointed for a definite period, at a fixed salary, which the law
required to be paid out of the general fund of the city, the reasonable cost to the city of such surveying and
engineering can not be ascertained and assessed upon the abutting property as a necessary expenditure for
the improvement: Longworth v. Cincinnati, 34 O. Ŝ. 101.
If a superintendent of such an improvement is necessary, and one is employed by the city for that par-
ticular improvement, the amount paid by the city for his services may properly be included in the assess-
ment: Ib.
SEC. 2212. [To have powers of certain other boards.] The board
shall have all the powers which in other cities are vested in the trustees of the
water-works, the board of improvements, the commissioners of sewers, the park
commissioners, and the platting commission, as provided in the chapters of
this title relating to those matters, and shall be governed by the rules pre-
scribed by law for the government of those boards, when not inconsistent with
the provisions of this chapter; and the board shall have all the other powers
heretofore conferred, either by law or ordinance, upon the board of public
works. [76 v. 89, § 8.]
SEC. 2213. [Estimate of cost of work and material to be made.]
When the board deems it advisable to make a contract for the execution of
any work, or the purchase of material for matters under its charge, a careful
estimate shall be made of the cost of such work or material. [76 v. 89, § 9.]
SEC. 2214. [When resolution, ordinance, etc., to be sent to council.]
In any cases where assessments are to be made, or where the estimated cost of
any work or material exceeds five hundred dollars, the board shall transmit to
council, with its recommendation, a resolution or ordinance, as the case may be.
authorizing the execution of such work, or the purchase of such material, at a
cost not to exceed the amount of the estimate which shall be transmitted.
[76 v. 89, § 10.]
The estimate required is only an estimate of cost of construction, while that provided for in 22193,
Revised Statutes, is an estimate of the amount to be assessed, which may include any or all items mentioned
in ? 2284, Revised Statutes: Knorr v. Cincinnati (Cin. Sup. Court, Gen. Term), 21 W. L. B 297.
SEC. 2215. [Advertisements for proposals.] Upon the passage by
council of the resolution or ordinance, it shall be the duty of the board to adver-
tise for proposals in accordance therewith, for a period of at least ten days, in
one or more of the newspapers of general circulation in the city, for sealed pro-
posals to do the work or furnish the material required; and the board shall
award the contract to the lowest responsible bidder, or reject all bids; but no
contract shall be awarded to any bidder the cost of which will exceed the esti-
mate transmitted to council. [76 v. 89, § 11.]
For "an act to regulate the award of contracts" (84 v. 233), see ¿(2702—1) et seq.
The board of public affairs of Cincinnati advertised for sealed proposals for a certain improvement,
reserving the right to reject any and all bids. Relator's bid, which was the lowest, contained this stipulation,
"hereby agreeing that your board has the right to reject any and all bids." The board rejected all bids and
repealed the ordinance for the improvement, and passed a new one correcting an error in the first: Held,
mandamus will not lie to compel the board to award the contract to relator at his bid. The board had the
right to reject the bid, even if its action in so doing was arbitrary and for no good reason: State ex rel. v.
Cincinnati, 3 C. C. 542.
Where the board of public affairs of Cincinnati advertises for proposals to furnish coal, in determining.
which bid was the lowest the board was authorized to take into consideration the quality of the coal as one
of the factors, and not merely the lowest amount of money per ton: State ex rel. v. Board of Affairs, 4 C. C. 76.
SEC. 2216. [How contracts made.] The presiding officer of the board
shall execute all contracts in the name of the city and file them in the office
of the board. [76 v. 89, § 12.]
1067
Tit. XII, Div. 7, Ch. 2. BOARD OF CITY AFFAIRS.
S$ 2217-2224.
SEC. 2217. [Liability not to be created except by authority of board.]
No member of the board, or other person, whether in the employ of the board
or otherwise, shall have power to create any liability on account of the board, or
the funds under its control, except by express authority of the board, conferred
at a meeting thereof duly and regularly convened. [76 v. 89, § 13.]
Applied to Dayton, 1707d-13.
SEC. 2218. [Member or employe not to be interested in contract.]
No member, officer, or employe of the board shall be directly or indirectly
interested in any contract or work of any kind whatever under its direction,
and any contract or work in which any such person has an interest shall be
void; and it shall be the duty of any person having knowledge or information
of the violation of this section forthwith to report the facts to the board, and
the board shall give reasonable notice to the parties interested, and at the
earliest convenient day investigate the same, and hear evidence offered on botn
sides. [76 v. 89, §14.1
Applied to Dayton, ? 1707d-13.
SEC. 2219. [Board may compel the attendance of witnesses and ad-
minister oaths.] The board shall have power in such case to compel the
attendance of witnesses and the production of books and papers, and the pre-
siding officer shall have authority to administer the necessary oaths. [76 v.
89, § 15.]
Applied to Dayton, 1707d-13.
SEC. 2220. [Trial of person accused.] If a member of the board be
involved in any such charge, he shall not again sit or vote in the board until
the result of the investigation is determined, announced, and entered on the
minutes of the board; a majority of the board not involved in the charge shall
be sufficient to decide the questions; and if an officer or employe of the board
be found, upon such inquiry, to have violated any of the foregoing provisions,
such finding shall at once operate as a dismissal of such officer or employe.
[76 v. 89, § 16.]
Applied to Dayton, ? 1707d-13.
SEC. 2221. [When contract void.] If a contract made or authorized by
the board be found to violate any of the foregoing provisions, it shall at once
become void and of no effect, and no money shall be paid for services rendered
or material furnished under the same. [76 v. 89, § 17.]
Applied to Dayton, 1707d-13.
SEC. 2222. [Names of parties interested in contracts to be disclosed.]
No money shall be paid at any time to any person claiming under a contract
with the board, until such person files with the board his statement, under
cath, disclosing the names of all persons directly or indirectly interested in the
contract, or in the proceeds or profits thereof, declaring that no person other
than those named are interested, and that no person forbidden by this chapter.
has any interest in the same. [76 v. 89, § 18.]
Applied to Dayton, ? 1707d-13.
SEC. 2223. [Contracts without approval of council.] In cases where
the board may contract without the approval of the council, it may, in its dis-
cretion, purchase the necessary material, and employ the necessary overseers
and hands to do the work; and council may in special cases, on the recom-
mendation of the board, authorize any work, no part of which is to be paid by
assessment, to be done in the same manner. [76 v. 89, § 19.]
See act referred to under ? 2215.
SEC. 2224. [How public contracts in certain cities (Cincinnati) modi-
fied.] When it becomes necessary in the opinion of the board in prosecution
of any work hereafter ordered to make alterations or modifications of the speci-
1068
§§ 2224a-2226.
BOARD OF CITY AFFAIRS. Tit. XII, Div. 7, Ch. 2.
fications or plans of a contract or to omit from said work any portion of the
street or territory originally ordered to be improved such alteration, modifica-
tion or omission may be made by order of the board, provided such order shall
be of no effect, until the price to be paid for the work under such altered or
modified contract has been agreed upon in writing, and signed by the contract-
ors and some person authorized thereunto by the board; and provided further
the total cost of the work, with the addition of the price so agreed upon snali
not exceed the original contract. [1881, April 20: 78 v. 258; Rev. Stat. 1880;
76 v. 89, § 20.1
See act referred to under ? 2215.
Applied to Dayton, 1707d-13.
The words "original contract" are construed to mean "cost under original contract." If a change made.
plainly increases the cost of the entire work beyond what the work under the original contract would have
cost, then such change is beyond the power of the board to make, and is void: Gano v. Eshelby (Cin. Sup.
Court, Gen. Term), 21 W. L. B. 177.
Held to apply as limitation upon power of board of public works in relation to changes in contract made
under **Trunk Sewer Law" (S0 v. 184): Ib.
As to change of contract not requiring new bidding: McMackin v. Cincinnati, 1 O. D. 141.
SEC. 2224a. [When contract changed, how assessments made.] In
all cases of changes made by said board under section two thousand two hundred
and twenty-four, the said board shall have the power to make and levy such
assessment upon the property abutting the improvement actually made or
specially benefited thereby, as if the improvement made were the same as that
originally ordered, provided, if such alteration or modification consists solely
in omitting from said improvement any portion of the street or territory
originally ordered to be improved, in every such case where the improvement
was theretofore ordered by council to be assessed upon property abutting upon
or benefited by the improvement, the assessment so charged upon the property
shall not exceed the assessment which would have been chargeable if no portion
of said improvement originally ordered had been omitted. [1881, April 20:
78 v. 258.]
It was claimed, in City of Cincinnati for use of Charles M. Steele v. Kemper et al. (Cin. Sup. Court,
before Taft, J.), that the act of April 20, 1881 (78 v. 258), which amended and supplemented original 22224 and
2314 by enacting the present 22 2224, 2224a, 2224b, and 2314a, did not become a law for the reason, as alleged.
that it appears from the journals of the house and senate that these bodies did not both concur in the pas
sage of one and the same bill. Taft, J. did not find it necessary to pass upon the point. Case not reported.
SEC. 2224b. [Power of court in action for recovery of such assess-
ments.] Whenever it shall appear, in an action for the recovery of any such
assessment, or to enjoin the collection thereof, that such assessment does exceed
the assessment which would have been chargeable if no portion of said improve-
ment originally ordered had been omitted, the court may thereupon determine
what amount should properly have been assessed by said board of public works
after such change in the contract, and render judgment enforcing the collection
of the amount properly assessable, or enjoining the collection of any greater
amount, as the nature of the case may require. And in such cases the court
shall make such order for the payment of costs as may be deemed equitable
and proper. [1881, April 20: 78 v. 258.]
See ¿ 2231.
SEC. 2225. [As to payment for extra work.] No contractor shall be
allowed anything for extra work caused by any alteration or modification,
unless an order is made, or agreement signed, as provided in the preceding sec-
tion, nor shall he, in any case, be allowed more for such alteration than the
price fixed by such agreement. [76 v. 89, § 21.]
Applied to Dayton, ? 1707d-13.
SEC. 2226. [Ordinance or resolution for improvement only to be
passed on recommendation of board.] No ordinance or resolution author-
izing any improvement shall be passed by council except upon the recommen-
dation of the board. [76 v. 89, § 22.]
See notes to decisions under 2191.
Applied to Dayton, ? 1707d-13.
1069
Tit. XII, Div. 7, Ch. 2. BOARD OF CITY AFFAIRS.
§§ 2227-2231.
SEC. 2227. [Grant of use of streets; when recommendation of board
essential.] No grant of the use of a street or highway in any such city for the
purpose of a street or other railroad, or an extension thereof, or for any other
purpose whatsoever, shall be made or renewed unless first recommended by the
board; nor shall any such street or highway be used for supplying gas or
water, or be broken up or obstructed for any purpose or on any pretense what-
ever, unless permission be first given by the board, and attested by its clerk, in
writing; nor shall a resolution or ordinance for the payment of money in set-
tlement of claims for unliquidated damages be passed, nor any binding agree-
ment for such settlement be made by the council, unless the payment or settle-
ment of such claim be first recommended by the board; nor shall any property
used or to be used for purposes under the control of the board, or for the use
of any such city, be purchased, leased, or disposed of without such recommen-
dation being first made; and any such measure required to originate in the
board which is altered, changed, or amended in any particular, before taking
effect, shall be concurred in by said board. [76 v. 89, § 23.]
Applied to Dayton, 21707d-13.
Repealed as to Cincinnati, see under ? (2690—1).
Cited Brush Elec. Light Co. v. Jones Bros. Elec. Light Co., 5 C. C. 340.
SEC. 2228. [Removal of members.] The members of said board or any
of them, may, at any time, be removed from office by the governor, for misfea-
sance, malfeasance or non-feasance in office, and in such cases the governor
shall immediately appoint successors for the unexpired term of the members
eo removed, respectively. [1887, February 3: 84 v. 14; 83 v. 173; 77 v. 35;
Rev. Stat. 1880; 76 v. 89, § 24.]
See 22205.
Repealed by implication by 7 26900.
Amendments in 87 v. 62, 88 v. 7 declared void in 48 O. S. 211.
SEC. 2229. [Revenues of water-works, how expended.] The revenues
of the water-works shall be expended by the board; and contracts for water-
works purposes shall be made by it only, and from said revenues the board
shall pay the interest upon any bonds heretofore or hereafter issued by the city
for water-works purposes after the expenditure of the amount raised by the
current levy of taxes to pay interest upon such bonds. [76 v. 89, § 25.]
SEC. 2229a. [How far boards of public works in cities of first class,
first grade, may contract for pumping engines; cost, how paid. 82 v. 50.
Repealed, 92 v. 613, § 19, see under § (2435-18).]
SEC. 2229b. [Contract for new pumping engines for water-works;
payment. 84 v. 167. Repealed, 92 v. 613, §19, see under § (2435-18).]
at any
SEC. 2230. [Board to supervise cleaning of streets.] The board of
public works is authorized and required to supervise the cleaning of the streets,
alleys, avenues, lanes, public wharves, and buildings, market-houses and spaces,
bridges, sewers, drains, ditches, culverts, ship-channels, streams and water-
courses of the corporation, under the control of the city; the board may,
time, when in their judgment the best interests of the city will be subserved,
advertise for proposals for cleaning the same[] when the board determines to
contract for such cleaning, it shall advertise for sealed proposals to perform the
work in some newspaper of general circulation within said city, for a period of
ten days, and shall contract with the lowest responsible bidder to perform said
contract; and for the faithful performance of the same may demand such secu-
rity as, in its judgment [it] deems proper, or may reject any or all such pro-
posals or bids. [75 v. 104, §1.]
See ? 2231.
As to Columbus, see ? (1545—169).
See note to State ex rel. v. Boyden, 4 N. P. 322; 6 O. D. 509, under § 2207.
SEC. 2231. [General powers and duties of board; removals.] The
board of city affairs shall have all the power, and perform all the duties here-
1070
کے
§ (2231-1).
BOARD OF CITY AFFAIRS. Tit. XII, Div. 7, Ch. 2.
tofore conferred upon or required of the board of administration. And upon
the appointment and qualification of the board of city affairs, which shall be
considered the successor of the board of administration, the said board of
administration is hereby abolished. Concurrence of four members of such
board shall be necessary for letting of any contract or other action of said board.
Said board shall also have all the powers and perform all the duties heretofore
conferred upon and required of the board of infirmary directors in such cities,
and in such cities there shall hereafter be no election for the members of such
board. The members of said board of city affairs, whether appointed or elected,
may be removed only in the same manner and for the same cause as is pro-
vided for members of the board of administration, and all laws now in force
for the removal of members of said board, shall apply to members of the board
of city affairs. [93 v. 59; 88 v. 227, 7; 87 v. 63; 83 v. 173, 174; 77 v. 35;
Rev. Stat. 1880; 76 v. 89, § 26.]
Power to build bridges and condemn for approaches and issue $50,000 bonds and pro-
vide sinking fund therefor, proceeds constitute "additional bridge fund," 91 v. 462.
Pave bridges, power to, out of pavement fund, 91 v. 683.
Board to grant permit for conduits for wires, cables, etc., see ? (3471-6) et seq.
Board may construct viaducts, see 87 v. 89.
May issue bonds to improve streets, 93 v. 687.
May issue bonds to construct, etc., market houses, 93 v. 678.
May issue bonds to pay for property appropriated to open, etc., streets, 93 v. 657.
May construct viaducts, 93 v. 634.
Cincinnati may issue bonds to pay for property to be condemned and appropriated for
street purposes, 93 v. 600.
May issue bonds to pay for property to be condemned and appropriated for street pur-
poses, 93 v. 570.
Cincinnati may issue bonds to repair and reconstruct bridges and viaducts, 93 v. 555.
The exclusive authority and jurisdiction to improve alleys of 20 feet or less, is vested in board of admin-
istration, by 90 O. L. 258, (? 2231—1): Davis et al, v. Cincinnati, 4 N. P. 93; 6 O. D. 104.
See note to State ex rel. v. Smith, 44 O. S. 348, under ? 2205.
Section cited Cincinnati v. Sherike, 47 O. S. 217, 223; Brush Elec. Light Co. v. Jones Bros. Co., 5 C. C. 340.
The section as amended in 88 v. 7 was declared unconstitutional in State v. Smith, 48 O. S. 211, but acts
done by the board while in office are valid: Kirker v. Cincinnati 48 O. S. 507.
(2231-1) [Board to improve alleys in Cincinnati, proceedings, as-
sessments, etc.] In cities of the first grade of the first class, the board of ad-
ministration of any such city shall have authority to cause any alley of said
city that is twenty (20) feet or less in width to be improved with such material
as said board shall deem best, and the method of procedure in such case shall
be as follows:
1. A careful estimate shall be made of the cost of said work including the
material to be furnished therefor.
2. Said board of administration shall declare by resolution the necessity.
of such improvement, and they shall have the power in such resolution to fix
the width of roadway and the width of sidewalks, and said resolution shall be
published in one newspaper published and of general circulation in said city
once a week for a period of three weeks. Said board of administration shall
have full and final authority in any such improvement to make such change
or changes in the grade of any such alley to be so improved, as it may deem
necessary to best conform to the same to such contemplated improvement, and
such change of grade, if any, shall be published with the advertisement, of
said resolution as above provided for; provided, however, that said board of
administration, before declaring the necessity of any such improvement, shall
have full authority to have all necessary sewer, water and gas connection laid
from the main line or pipe in said alley to the curb stone or to the house line,
and may include in said improvement such reconstruction of the curb as it
may deem necessary, or may provide for the improvement of such alleys with-
out any curb.
3. The owner of a lot or land bounding or abutting upon any such im-
provement claiming that he will sustain damages by reason of the improve-
1071
Tit. XII, Div. 7, Ch. 2. BOARD OF CITY AFFAIRS.
$(2231-1).
ment, shall within one week after the completion of the publication of the
resolution as above provided, file a claim in writing with the clerk of the cor-
poration, setting forth the amount of the damages claimed, together with a
general description of the property with respect to which his claim or injury
will accrue, or be barred from filing a claim or from receiving any damages as
is provided in section 2315 of the Revised Statutes for failure to file claims for
damages thereunder, and all other questions pertaining to such claim for dam-
ages, and assessments of, or compensation for the same, shall be governed by
the provisions of law now applicable to like claims, except that in all cases con-
cerning the class of improvement herein provided for, the board of administra-
tion shall take the place and authority therein of council or the board of legisla-
tion.
4. At the expiration of the time limited for filing claims for damages, as
herein provided, the board of administration shall determine whether it will
proceed with the proposed improvement or not; and if it decides to proceed
therewith an ordinance for the purpose shall be passed by said board of ad-
ministration.
5. In making such improvements the board of administration shall be
governed by the provisions of section 2303 of the Revised Statutes, except that
it shall not be required to advertise for bids for a longer period than two weeks
in any case of improvements hereunder, or in more than one newspaper pub-
lished in the corporation, and except, further, that the said board of adminis-
tration shall have and exercise all the powers and perform all the duties of
council or the board of legislation, in the prosecution of said work, or furnish-
ing materials therefor, the making and levying assessments therefor, the en-
forcement and collection thereof, the certificates of any unpaid assessment to the
county auditor to be placed upon the tax list, the issuing of any bonds therefor,
and sale thereof, and payment to the contractor; said board of administration
shall also have and exercise all the powers now vested in, and shall be subject
to all the restrictions and regulations now imposed upon said board of admin-
istration in cases where any improvement has been ordered by council, or the
board of legislation, except as herein altered or amended, it being the intention
and meaning hereof that in all such improvements it shall not be necessary to
have the action or concurrence of council or the board of legislation in any of
said proceedings.
6. All materials necessary to be removed from any such alley where said
improvement is to be made, shall go to and become the property of the con-
tractor as part compensation for said improvement; and the advertisement for
bids shall state that said materials are to go to the contractor, so that all bid-
ders may know that fact and make their bids with reference thereto.
7. The entire cost of such improvement, except the cost of intersections
and two per cent. of the entire cost, which shall be paid by the city shall be
assessed upon the parcels of lots and lands bounding or abutting upon the im-
provement in the manner provided by law. [90 L. L. 258.1
Lots abutting upon the street may be assessed according to the abutting feet whether corner lots or not:
Emery et al. v. Cincinnati, 4 N. P. 220; 6 O. D. 411.
Is constitutional: Id.
Notice by publication is valid: Id.
The exclusive authority and jurisdiction to improve alleys of twenty feet or less, in Cincinnati, is vested
in the Board of Administration by this law: Davis et al. v Cincinnati, 4 N. P. 93; 6 O. D. 104.
1072
§ 2232.
APPROPRIATION OF PROPERTY. Tit.XII,Div.7,Ch.3.
CHAPTER 3.
APPROPRIATION BY CITIES AND VILLAGES OF PRIVATE PROPERTY TO PUBLIC USE,
2233. Additional purposes for which appropriation
may be made.
2232a. How real estate appropriated for park in To-
ledo and expenses.
SECTION
2232. Purposes for which municipalities may appro-
priate realty.
SECTION
2212.
View of premises may be required.
2213.
Guardiani ad litem for infants, etc.
2214.
Maps, plats, etc., may be required of corpora-
tion.
2245
How jury to return assessment; open and close
of case.
2233-1. Certain cities may appropriate lands for
school-house sites, etc.
9216.
Verciet in whole or in part.
2217.
Order as to payment or deposit.
2233-2. Compensation for lands.
2248.
2233-3. Along corporation line; arbitration of price.
2233-4. Bond issue to pay for same.
2249.
Time and manner of delivery of property.
Costs, how paid.
2250.
No delay from doubt of ownership.
2233-5. Authorizing certain corporations to appro-
priate land for water purposes.
2251.
Interested parties may give bond, etc.
2234. Concurrence of two-thirds of council necessary
for condemnation, etc.
2235. Declaration of purpose to appropriate, etc.
2235a. Board of administration and mayor must con-
cur in Cincinnati.
Application to court, etc.
2236.
2237. Service of notice on property owners.
2238. Court to fix time for inquiry, etc.
2239. Special term of court may be held.
2252. Review of proceedings.
2253.
When execution of order may be suspended.
2254. Appeal to court of common pleas.
Nature of appeal and undertaking.
2255.
2256. As to appeal by guardian, married woman, etc.
2257. Probate judge to furnish transcript, etc.
2258. Original papers may be used.
2259.
Corporation not to appeal, etc.
2260.
Neglect to pay or take possession in six
months: attorney's fee.
2261.
Provisions of chapter applicable to hamlets.
2240. How jurors drawn in probate court.
2241. Inquiry to be at time fixed.
For same subject see (S. & C. 1503-1506).
Cleveland may occupy streets, etc., of other municipalities for sewerage purposes, see
? (2406—39a) et seq.
The course of procedure under this chapter is vague, the chapter construed, Toledo Street Ry. 7. Fostoria,
7 C. C. 293, 295.
SEC. 2232. [Purposes for which municipalities may appropriate
realty.] Each city and village may appropriate, enter upon and hold real
estate within its corporate limits for the following purposes, but no more shall
be taken or appropriated than is reasonably necessary for the purpose to which
it is to be applied:
1. For opening, widening, straightening and extending streets alleys and
avenues; also for obtaining gravel or other material for the improvement of
the same, and for this purpose the right to appropriate shall not be limited to
lands lying within the limits of the corporation.
2. For market-space.
3. For buildings and structures required for the use of the fire-department.
4. For public halls and necessary offices.
5. For prisons.
6. For infirmaries.
7. For work houses.
8. For houses of refuge and correction.
9. For public hospitals.
10. For public parks, after a notice of not less than thirty days, given in two
newspapers of opposite politics, if there be such published in said village or
city, or in writing: and after the proposition to purchase and appropriate has
been voted upon and approved by a majority of those voting upon the
proposition; and for this purpose the right to appropriate shall not be limited
to lands lying within the corporation; and after such affirmative vote the
council shall have the right and power to issue the bonds of said village or
city, in payment of the amount so fixed by the court by proceedings in con-
demnation as to the value of said property.
11. For gas-works.
12. For water-works; and for this purpose the right to appropriate shall not
be limited to lands lying within the corporation.
1073
Tit. XII,Div.7,Ch.3. APPROPRIATION OF PROPERTY.
·
$2232.
13. For school-house sites and grounds; and for this purpose the board of
education shall select the site and recommend the appropriation; and for uni-
versity sites and grounds; and for this purpose the board of directors of a uni-
versity whose property is exclusively owned and whose directors are appointed
by the municipal corporation, shall select the site and recommend the appro-
priation.
14. For public cemeteries; for which purpose the right to appropriate shall
not be limited to land lying within the corporation; but no land shall be appro-
priated under this provision until the court is satisfied that suitable premises
can not be obtained by contract upon reasonable terms; and no land shall be
appropriated upon which there may be a dwelling-house, orchard or nursery,
or any valuable mineral or other medicinal spring or well actually yielding gas,
oil or salt water; nor shall land be appropriated for such purpose within one
hundred yards of any dwelling-house.
15. For public wharves and landings on navigable waters.
16. For levees to protect against floods; and for this purpose the corporation
shall have power to appropriate, enter upon and take private property lying
outside of the corporate limits, and may extend and strengthen its levees and
embankments along a river or stream adjacent to the limits of the corporation,
and may widen the channel of such river or stream.
17. For necessary bridges.
18. For constructing, opening, excavating, improving, deepening, enlarging,
straightening and extending any canal, ship canal or water course, located in
whole or in part within the limits of the corporation, which is not owned in
whole or in part by the state, or by a company or individual authorized by law
to make such improvement.
19. For sewers, drains and ditches; and for this purpose the corporation
shall have power to appropriate, enter upon and take private property lying
outside of the corporate limits; but no lands not subdivided in lots or parcels
of more than ten (10) acres, or tenements annexed or appropriated, shall be
taxed at a higher rate than that in the township from which said lands and
tenements were taken, so long as said lands and tenements are used for agricul-
tural purposes only.
20. For public urinals, water-closets and privies.
21. For lighting for any public use. [91 v. 214; 85 v. 177; 84 v. 66; Rev.
Stat. 1880; 70 v. 159, §507.]
Cincinnati may issue bonds to pay for property to be condemned and appropriated for
street purposes, 93 v. 570.
*
For decisions showing the application of the provisions of the Constitution to this section, see the notes
to the Constitution of 1851, Art. I, 19, ante 90.
It is essential to the validity of the proceeding that the power be strictly pursued: Harbeck v. Toledo,
11 O. S. 219.
But, unless there is bad faith, courts can not restrain a corporation as to the quantity of land it may
appropriate, where the authority to appropriate is unlimited in its terms: Iron R. R. Co. v. Ironton, 19 O. S. 299.
Or, as expressed by Ranney, J. in Giesy v. Cincinnati, etc., R. R. Co., 4 O. S. 308, 326, "If the legislature, by a
direct exercise of authority, should undertake to appropriate property for public purposes beyond the scope
of this power (of eminent domain), or if any subordinate agency, under a power properly conferred, should
abuse the authority by using it irregularly, oppressively, or in bad faith, there can be no doubt of the power
of the court to furnish an effectual remedy.'
In an action to recover compensation for land appropriated by a municipal corporation to public use, the
same rule applies for assessing compensation as is applicable where the assessment is made by a jury in a spe-
cial proceeding instituted for the purpose, under the statute: Dodson v. Cincinnati, 34 O. S. 276.
A municipal corporation is authorized to appropriate an easement in land abutting on a street for the
purpose of making a sloping fill in order to afford lateral support to the street: Ib.
Such appropriation does not divest the owner of his dominion over the property subject to the easement.
He may still use it for all purposes not inconsistent with the special purpose of furnishing the necessary sup-
port to the street: Ib.
Where such an easement has been appropriated, the land-owner is entitled to be compensated for all the
rights of which he has been deprived; but where he still retains substantial rights in the property, he is not
entitled to be allowed the value of the land in fee simple: Ib.
When a municipal corporation appropriates to make or widen street, owner is entitled to compensation,
to be fixed by a jury: Youngstown v. Moore, 30 O. S. 133.
Where a city appropriates private property to public use for street purposes, without making compensa-
tion therefor, and the owner is not estopped to recover the possession thereof, he can not tender a deed of the
property to the corporation and then maintain an action for its value: Cincinnati r. Longworth (Cin. Sup.
Court, Gen. Term), 19 W. L. B. 178.
69
1074
$2232a.
APPROPRIATION OF PROPERTY. Tit. XII,Div.7,Ch.3.
When the city gives a certificate of indebtedness to the owner, in lieu of damages assessed in appropria-
tion proceedings, such acceptance by the owner must be made with a full understanding of what he is doing,
and such certificate must be for the whole amount of the damages assessed, but if for a less amount, then it
must be upon a consideration that is paid: Toledo v. Sauwald, 7 O. D. 116; 13 C. C. 496.
The right to take and hold the property did not accrue till the compensation had been assessed by the
jury: Garvin v. Columbus, 5 N. P. 237.
When a municipality has appropriated a private sewer for public use, either by depriving the owner of
all dominion over it or for a special purpose, and the owner has tendered a deed to the property wrongfully
taken, it is for the jury to determine the question of compensation: McDonald v. Cincinnati, 4 N. P. 253.
Where property is given upon a nominal consideration for church purposes, the conveyance, including
a clause which provided for a reverting to the grantors if the property was ever used for other purposes, in
appropriation proceedings to condemn a part of the property for street purposes, the compensation goes to
the church and not to the grantors: Babb et al. v. Cincinnati, Supreme Court without report, 36 W. L. B. 206.
An acceptance of compensation by one co-tenant does not estop another co-tenant from questioning the
validity of the appropriation proceeding: Garvin v. Columbus, 5 N. P. 237.
It is not necessary that the money be in the treasury prior to commencing proceedings to appropriate
property for park purposes: Put in Bay v. Webb, 7 O. D. 478.
The amount of damages awarded in an appropriation proceeding, together with the costs thereof, may
be assessed back by the front foot upon the abutting property. Norwood v. Ogden et al., 15 C. C. 539.
And this notwithstanding it will take from the party all the compensation awarded and other sums in
addition: Id. To same effect: Henkle v. Cincinnati, Edit. Circuit Court, 37 W. L. B. 394.
For evidence admissible in such proceedings; also elements of compensation in computing values;
see Lorain St. Ry. Co. v. Sinning, 3 O. D. 624.
A return for taxation by the owner is competent evidence: R. R. Co. v. R. R. Co., 12 C. C. 387; 5 O. D. 643.
Evidence that the lands are specially adapted to reservoir purposes is not admissible, and the jury can
not consider this: Gibson et al. v. Norwalk, 13 C. C. 431; 7 O. D. 6.
And the jury can not consider in estimating the compensation for land to be appropriated, the enhanced
value, if any they have, because of the new improvement: Id.
The jury can not speculate how much the city could afford to pay, having in view, not the market value
of the lands, but the necessity of the city to acquire it for this particular purpose: Id.
A charge in appropriation proceedings that the burden of proof is upon the property owners, to estab-
lish the value of the property by a fair preponderance of the evidence is proper: Gibson et al. v. Norwalk, 13
C. C. 438: 70. D. 6.
While these sections (2232-2261) are silent on the question of filing an answer, yet a court may grant
leave to file one: C. P. V. R. R. v. Hyde Park, 4 N. P. 296; 6 O. D. 327.
SEC. 2232a. [How real estate appropriated for park purposes in cities
of the third grade, first class, and expenses paid.] În any city of the third
grade of the first class, section 2702 shall not apply to resolutions or ordinances
providing for the appropriation of property; and in any such city, when a
petition therefor, signed by not less than twelve resident freeholders of such
city, shall be presented to the board of park commissioners praying for the
appropriation and purchase of any real estate within the corporate limits of
such city for the purposes of a public park, and describing such real estate, and
provisions shall have been made or caused to be made by such petitioners, to the
satisfaction of such board of park commissioners, for the payment of not less
than one-half of the price of such real estate and of all costs and expenses of
making such appropriation, and on the recommendation of such board of park
commissioners to the common council of such city, such common council shall
be and hereby are authorized by the passage of an ordinance therefor, to
direct and cause the necessary steps to be taken and proceedings to be had, as
provided in this chapter, for the purchase and appropriation of such real estate
for the purposes of a public park, without submitting the proposition therefor
to the electors of such city; and any such city may, and is hereby authorized
to, issue and sell its bonds to pay for its share of the cost of any real estate
acquired under the provisions hereof, which bonds shall draw interest at a rate
not in excess of four and one-half (4) per cent. per annum, payable semi-
annually, and shall mature at not to exceed twenty years after date of their
issue, and be sold at not less than par and accrued interest, and in accordance
with law. [88 v. 30.]
SEC. 2233. [Additional purposes for which appropriation may be
made.] The power to appropriate may also be exercised for the purpose of
opening or extending streets or alleys across railway tracks, and lands held or
owned by railway companies, and for the purpose of constructing any of the
improvements provided for in subdivision eighteen (18) of section 1692 of the
Revised Statutes of Ohio, where such appropriation will not unnecessarily inter-
fere with the reasonable use of the property so crossed by any such improve-
е
1075
+
Tit. XII, Div.7,Ch.3. APPROPRIATION OF PROPERTY.
§ (2233-1).
ments; such power may also be exercised where it is necessary to acquire the
right of way to, or additional ground for, the enlargement or improvement of
the public work herein specified; and whenever material is required for the
construction, improvement, or repair of such work, the corporate authorities
are empowered to appropriate and take the same, and for this purpose they
may go outside of the corporate limits. [87 v. 169; 70 v. 175, § 508.]
The power to extend streets over railroad tracts was conferred by the general authority to take land for
street purposes, but the former use could not thereby be defeated. If the municipal corporation acts in good
faith, and within the limits of its authority, courts are not authorized to interfere with its action: L. M. R. R.
Co. v. Dayton, 23 O. S. 510. See Pittsburgh, etc., R. R. Co. v. Maurer, 21 O. S. 421.
This does not exclude taking of land of railroad, not used by it, for public offices or a prison, under
2232: R. R. v. Belle Centre, 48 O. S. 273.
Lands subject to a public use may not be condemned to a second public use inconsistent with the first:
Baltimore & Ohio R. R. Co. v. Bellaire (Belmont Dist. Court), 4 W. L. B. 201.
As to previous agreement between a railroad company and a city, with reference to the extension of
streets across the track, which will estop the company from claiming that such extension can not be made,
see Railroad Co. v. Hamilton, 3 C. C. 455.
(2233-1) [Certain cities may appropriate lands for school-house
sites, etc.] Any city of the first class having a population of less than one
hundred thousand inhabitants, shall have the power, whenever it shall be
deemed necessary for that purpose, to appropriate, enter upon and take lands.
for school-house sites and grounds, and to appropriate the same, and ascertain
the compensation therefor, the same having been recommended, and site selected
by the board of education. Such proceedings shall be had as are now provided
for in cases where private property is taken by municipal corporations of the
same class for the purposes of streets. [64 v. 45.]
(2233-2) [Compensation for such lands.] For the purpose of paying
the compensation which may be assessed for lands taken and appropriated, as
in the preceding section provided, and for the purposes of erecting suitable
school buildings thereon, such city shall have the power to borrow money in
any sum not exceeding two hundred thousand dollars at such rate of interest
as the city council thereof may deem proper, not exceeding six per cent. per
annum semi-annually; and for the purpose of effecting such loan the city
council of such city shall have the power to pledge the faith of such city for
the payment of both principal and interest, including the power to levy a tax
for the payment of the same whenever due, and to make and execute such
bonds or other evidences of debt, and payable at such times and places as shall
be agreed upon by the parties contracting, which said bonds or other evidences
of debt may be made transferable and redeemable in such form and at such
times and places as may therein be designated. [64 v. 45.]
(2233-3) [Cincinnati may condemn for street along corporation line;
arbitration of price.] Whenever it is deemed necessary by the city council or
board of legislation of any city of the first grade of the first class to construct a
street along the corporation line of such city, the council may authorize the board
of public improvements, or board of administration of such city, to purchase, not
to exceed one-half () in width of any such proposed street of private property
or property used for cemetery or other public purpose, situated outside of such
city and abutting on the corporation line thereof, and if such board of public
impovements or board of administration is unable to agree with the owners of
said private property or the trustees or other officers having charge or control of
such cemetery or other public ground, then the board of public improvements or
board of administration of such city and the owner or trustees of such property
may submit the question of the amount to be paid for such property to arbi-
tration in the following manner to-wit: The board of public improvements or
board of administration of such city to select one disinterested person, the
owners or trustees of such property to select another disinterested person, and
these two to select the third disinterested person, to act as arbitrators and all
such arbitrators shall be resident freeholders of the county in which such city
is situated; and the amount agreed upon by such arbitrators shall have the
same force and effect as the verdict of a jury, and judgment thereon in cases
1076
§(2233—4).
APPROPRIATION OF PROPERTY. Tit.XII,Div.7,Ch.3.
of condemnation of private property; and in case the first two arbitrators can
not agree upon the third, or all three such arbitrators fail to agree on the
amount to be paid for such property, or in case the board of public improve-
ments or board of administration or the owner or trustees of such property
refuse to submit to arbitration as aforesaid, then the city council or board of
legislation of any such city may proceed to condemn for the purpose of a street,
any such property abutting upon the corporation line thereof, not exceeding in
width one-half (1) of the width of the contemplated street and situated entirely
outside of the corporate limits of said city in the same manner in which private
property situated within any such city is condemned and appropriated for
street purposes by municipal corporations. [88 v. 284.]
(2233-4) [Bond issue to pay for same.] When the amount of com-
pensation to be paid for any such property appropriated under the preceding
section shall have been ascertained either by agreement of the parties, by
decision of the arbitrators or by the verdict of a jury in the proceedings.insti-.
tuted for the purpose, the board of public improvements or board of adminis-
tration of such city may issue bonds, in a sum not to exceed fifteen thousand
dollars ($15,000); said bonds to be for a term of ten (10) years, bearing five (5)
per cent. interest, and at their expiration the money to be appropriated from
the general fund of such city to redeem said bonds, and such bonds to be sold
to the highest bidder for the purpose of paying the amount and expense to-
gether with the cost of such proceedings as may have been had thereunder.
[91 v. 778.]
Power to appropriate for a sewer or drain from its infirmary to Millcreek and issue
bonds to pay. Passed April 15, 1880: 77 v. 241.
(2233-5) [Authorizing certain corporations to appropriate lands for
water purposes.] In any county having a population of 48,602 by the last
federal census, or which may have such population at a subsequent census, any
corporation heretofore organized to supply water to any municipal corporation,
and its inhabitants, and actually [engaged] in such supplying, shall have the
same right to appropriate, enter upon, and hold real estate for its water-works
as such municipal corporation would have if it was the owner of said water-
works; and may proceed in its own name, under the provisions of chapter 3.
division 7, title XII, of the Revised Statutes of Ohio, to make such appropria-
tion the same as such municipal corporation might proceed if it owned said
water-works. [1889, April 15: 86 v. 365.]
Section cited under the number it had in Smith & Benedict's statutes, (2261-1), State v. Salem Water Co.
5 C. C. 58, 67.
SEC. 2234. [Concurrence of two-thirds of council necessary for con-
demnation, etc.] No improvement requiring proceedings for the condemna-
tion of private property shall be made without the concurrence in the by-law,
ordinance, or resolution directing the same, of two-thirds of the whole number
of the members elected to the council. [66 v. 236, §511.]
✨ 2234 to 2236 referred to as partly inapplicable in ? 3826a.
Whether this and the next section are affected by 2642, see Krumberg v. Cincinnati, 29 O. S. 69.
Rule to restrict language of creation has generally been applied, where corporation has been seeking to
enlarge its powers. But we have not found the rule so frequently applied where corporation was seeking to
restrict its powers to escape liabilities: Gaff v. Flesher, 33 O. S. 107.
See note to Miller et al. v. Toledo, 12 C. C. 706; 1 O. D. 186, under ? 2385.
SEC. 2235. [Resolution and notice of intent to appropriate; excep-
tion as to Cincinnati.] When it is deemed necessary by any municipal cor-
poration to appropriate private property as herein before provided, the council,
board of legislation or other legislative body, as the case may be, shall order by
a yea and nay vote, of which due record shall be made and kept, a resolution
prepared declaring such intent, defining therein the purpose of the appropria-
tion, and setting forth a pertinent description of the property designed to be
appropriated; and immediately upon the introduction of such a resolution,
1077
Tit. XII,Div.7,Ch.3. APPROPRIATION OF PROPERTY.
S$ 2235a-2237.
and before the passage of the same, the mayor of the corporation shall cause
written notice of such resolution to be given to the owner or owners of every
piece of property sought to be appropriated, or to his, her, or their authorized
agent, if the owner is a non-resident of the county in which the corporation
is located, and such written notice shall be served by an officer of the corpora-
tion, designated for the purpose, and return made by such officer in the
same manner as is provided by law for the service of summons in civil actions,
and in case neither owner nor agent of any property sought to be appropriated
can be found, notice shall be given by publication for three consecutive weeks
in a paper of general circulation in the corporation; and no action shall be
taken upon such resolution until all the owners of property sought to be
appropriated shall have had notice as herein provided; and on the passage of
such resolution the yeas and nays shall be taken and`entered on the record of
the proceedings of the council or legislative body; provided, that in cities of
the first grade and of the first class, containing a board of legislation and a
board of administration, said notices shall not be given or served after said res-
olution has been ordered prepared unless, nor until after said order is concurred
in by said board of administration, nor shall any action be taken after the pas-
sage of and under any such resolution unless, nor until after the same has
been approved by said board of administration. [91 v. 127; 66 v. 236, §512.]
The preliminary resolution is not necessary in condemnations under 2642: Tyler v. Columbus, 6 C. C.
224; Caldwell v. Carthage, 49 O. S. 334; Krumberg v. Cincinnati, 29 O. S. 69.
As to the nature and extent of such appropriation, and whether the interest may be acquired without
special proceedings for the purpose, see Dodson v. Cincinnati, 34 O. S. 276.
Where corporation has assumed franchises not granted, and certificate of incorporation does not comply
with statute, court will in its discretion oust it of its whole franchise: State ex rel. Attorney-General v. Cen-
tral Ohio Mutual Relief Ass'n, 29 O. S. 399.
The recommendations of the board of improvements is not necessary to enable a city council to pass an
ordinance for condemning property: Gamble v. Wise (Ham. Dist. Court), 3 W. L. B. 430.
Mortgagees need not be notified of the resolution prior to its passage; notice to the legal owner is suffi-
cient: Put in Bay v. Stimmel, 7 0. D. 380.
See note to Garvin v. Columbus, 5 N. P. 237, under ? 2237.
As to what was held to be an insufficient notice to inform a person of the city's contemplating to ap-
propriate an easement, and a failure to file claim for damages under such notice, held not to be à forfeiture of
right to recover: Fenner v. Cincinnati, 4 N. P. 182; 6 O. D. 244.
SEC. 2235a. [Board of administration and mayor must concur in
Cincinnati.] In cities of the first grade of the first class no resolution or ordi-
nance for the appropriation of private property shall take effect unless such
resolution or ordinance is concurred in by the board of administration of such
city, and unless approved by the mayor, or, in case of his disapproval, is passed
over his veto in the manner provided by law. [91 v. 49.]
SEC. 2236. [Application to court, etc.] Upon the passage of the resolu-
tion by the requisite majority, application in writing shall be made to the
court of common pleas of the proper county, or to a judge thereof in vacation,
or to the probate court of the county, which application shall describe, as cor-
rectly as possible, the property to be taken, the object proposed, and the name
of the owner of each lot or parcel of the property. [66 v. 236, § 513.]
This section and rest of chapter applied to townships in certain cases, ? (4686–27).
Where the diversion of a water-course is a necessary consequence of appropriating property for an
embankment, compensation should be allowed for the same: Hueston v. E. & H. R. R. Co., 4 O. S. 685.
A right to appropriate land for a certain purpose may carry with it the right to appropriate for purposes
incidental to the original purpose: Ward v. Marietta & Newport Turnpike and Bridge Co., 6 O. S. 15.
As to the sufficiency of the description of the property: Railroad Co. v. Prentice, 13 O. S. 373.
SEC. 2237. [Service of notice to owners of property.] Notice of the
time and place of such application shall be given personally in the ordinary
manner of serving legal process, to all the owners or agents of the owners of
the property sought to be appropriated, resident in the state, whose place of
residence is known; and to all others, by publishing the substance of the
application, with a statement of the time and place at which it is to be made,
for three weeks next preceding the time of the application, in some news-
paper of general circulation in the county. [72 v. 25, §514.]
Where the defendant in a proceeding under the statute to condemn land for public use dies during the
pendency of the proceeding, or during the pendency of a petition in error to reverse the same, the revivor of
1078
§§ 2238-2245.
APPROPRIATION OF PROPERTY. Tit. XII,Div.7,Ch.3.
the proceeding must be had in the name of the heirs or devisees, and not of the administrator of the deceased:
Railway Co. v. Bohm, Admr., 29 O. S. 633.
Service by publication for one who is not a non-resident will not invalidate on collateral attack: R. R.
v. Belle Centre. 48 O. S. 273.
A mortgagee whose mortgage is duly recorded, is an owner within the meaning of this section, and is
entitled to notice: Harrison v. Village of Sabina, 1 C. C. 49.
If any of the property so mortgaged be appropriated without notice to the mortgagee, he may maintain
an action against the municipal corporation to recover damages for the same: Ib.
Compliance with 2 2642 is not of itself sufficient to constitute an appropriation of property: Garvin v.
Columbus, 5 N. P. 237.
SEC. 2238. [Court to fix time for inquiry, etc.] If it appear to the
court or judge that such notice has been served five days before the time of the
application, or has been published as provided in the preceding section, and
that such notice is reasonably specific and certain, the court or judge may set
a time for the inquiry into and assessment of compensation, by a jury of twelve
men, unless all the parties agree upon a less number, who shall be duly sworn
to discharge that duty. [66 v. 236, §515.]
SEC. 2239. [Special term of court may be had.] If the application be
in the court of common pleas, and such court is not in session on the day fixed
for the inquiry and assessment of compensation, the judge of the court of com-
mon pleas of the subdivision in which the property is situated, or in case of
his absence, interest, or disability, any other judge of the court within the
district, shall hold a special term of court for the purpose of hearing and
determining such inquiry and assessment, and shall direct a jury to be sum-
moned for the purpose of making such inquiry, in the same manner that petit
jurors are summoned in the court of common pleas for other purposes. [66 v.
237, §516.]
4
SEC. 2240. [How jurors drawn in probate court.] If the application
be in the probate court, the clerk of the court of common pleas of the county
shall on the day fixed for the application, in the presence of the probate judge,
draw twelve names, or such less number as may be agreed upon by the parties,
from the box containing the names of persons selected as jurors for the county;
and the person so drawn shall be summoned and serve as the jury, unless
excused or set aside by the court for good cause shown; and if, for any cause,
the panel is not full, the probate judge shall fill the same from the bystanders.
[66 v. 237, § 517.]
Under the act of 1852, April 30, where proceedings to appropriate property were against several defendants,
it was held that the proceedings must be tried before a single jury, although each party was entitled to his
challenges: Giesy v. C. W. & Z. R. R. Co., 4 O. S. 321, 322.
SEC. 2241. [Inquiry to be at time fixed.] The inquiry and assessment
shall be made at the time appointed, unless, for good cause, continued to
another day. [66 v. 237, §518.]
SEC. 2242. [View of premises may be required.] A view of the premises
shall be ordered, when desired by the jury, or demanded by a party interested
in the proceeding. [66 v. 237, §519.]
SEC. 2243. [Guardian ad litem for infants, etc.] If, at the time of
such application, it appear that any of the owners of the property sought to be
appropriated are infants, or insane, and that they have no guardian, a guardian
ad litem shall be appointed to act in their behalf. [66 v. 237, § 520.]
SEC. 2244. [Maps, plats, etc., may be required of corporation.] The
corporation may be required to file a more full and accurate description of the
property to be taken, and the object proposed, and maps, plats, and surveys, if,
in the opinion of the court, the same are necessary and proper. [66 v. 237,
§ 521.]
It is not error to admit a memorandum on the plat of an engineer as to the number of feet contained in
each lot, the engineer having been called as a witness and having testified to the same: Neff v. Cincinnati,
32 O. S. 215.
It is not error to permit a municipal corporation to open and close: Ib.
SEC. 2245. [How jury to return assessment; open and close of case.]
The assessment shall be in writing, signed by the jury, and shall he so made
1079
Tit. XII,Div.7,Ch.3. APPROPRIATION OF PROPERTY.
§§ 2246-2249.
that the amount payable to each owner may be ascertained either by allotting
it to each owner by name, or on each lot or parcel of land; the owners shall
have the right to open and close the case in the introduction of evidence and
the argument, but not more than two counsel shall be heard for the city or the
owners of any separate lot or tract, unless the court, for good cause, direct other-
wise; and the inquiry and assessments shall, in other respects, be made by the
jury, under such rules and regulations as shall be given by the court; and
when a building or other structure is situated partly upon the land sought to
be appropriated, and partly upon adjoining land, and such structure can not
be divided upon the line between such two tracts of land without manifest
injury, the jury, in assessing the compensation to any owner of the lands, shall
assess the value of the same exclusive of the structure, and make a separate
estimate of the value of the structure; the owner of the structure may elect to
retain the ownership of the same, and to remove it, or accept the value thereof
as estimated by the jury; if he fail to make such election within ten days from
the date of the report of the jury, or within ten days from the termination of
the cause in any higher court to which it may be taken, he shall be deemed to
have elected to retain and remove the structure; but if he elect to accept the
value of the structure, the title thereto shall vest in the city or village making
the appropriation, which shall have the right to enter upon the land for the
purpose of removing the structure therefrom. [66 v. 237, 522; 76 v. 79, § 14.]
The former rule appears to have been that the municipal corporation was entitled to the open and close;
at least, it was not error to permit that course at the trial: Neff v. Cincinnati, 32 O. S. 215.
The liability of a lessee to pay rent subsists, notwithstanding the leasehold has been appropriated for a
street; and he is entitled to a compensation from the city for this liability; Foote v. Cincinnati, 11 O. 408.
Its fair market value in cash at the time it is taken must be paid to the owner; and the jury, in assess-
ing the amount, have no right to consider or make any use of the fact that it has been increased in value by
the proposal or construction of the improvement: Giesy v. C. W. & Z. R. R. Co., 4 O. S. 309.
The opinion of a witness as to the amount of damages which a land-owner will sustain by the appropria-
tion of his land, is not admissible as evidence. Atlantic & Great Western Ry. Co. v. Campbell, 4 O. S. 583, fol-
lowed and approved. But the witness may be allowed to give his opinion as to the value of the land: Rail-
road Co. v. Ball, 5 O. S. 568.
The elements of compensation may be comprehended in the following: 1. The abstract value of the quan-
tity of ground taken; 2. The value arising from the relative situation of the land, taken in its connection with
the residue of the owner's land from which it is severed; and, 3. The effect upon the value of the residue of
the owner's land arising from the uses for which the appropriation is made: Cleveland & Pittsburgh R. R.
Co. v. Ball, Ib. 576.
Quære: Whether special benefits may be taken into consideration and allowed for: L. M. R. R. Co. v.
Collett et al., 6 O. S. 183.
As to measure of compensation to the owner of land originally taken for one public use, when such land
is transferred to another public use, see Hatch v. Railroad Co., 18 O. S. 92.
See, also, as to measure of compensation in cases where the land was transferred from one public use to
another, Goodin v. Canal Co., Ib. 169; Railroad Co. v. Zinn, Ib. 417.
See note to Dodson v. Cincinnati, 34 O. S. 276, under ? 2232.
SEC. 2246. [Verdict in whole or in part.] The jury shall be sworn to
make the whole inquiry and assessment, but may be allowed to return a verdict
as to part, and be discharged as to the rest, in the discretion of the court; and
in case a jury is discharged from rendering a verdict in whole or in part,
another shall be drawn and impaneled at the earliest convenient time, who
shall make the whole inquiry and assessment, or the part not made, as the case
may be. [66 v. 237, §523.]
SEC. 2247. [Orders as to payment or deposit of assessment.] When
the assessment has been made by the jury, the court shall make such order as
to payment or deposit by the corporation as may seem proper; such order shall
designate the time and place of payment or deposit, the persons entitled to
receive payment, and the proportion payable to each; and the court may
require adverse claimants for any part of the money or property, to interplead,
and fully determine their rights in the same proceeding. [66 v. 238, §524.]
SEC. 2248. [Time and manner of delivery of property.] The court may
direct the time and manner in which possession of the property condemned
shall be taken or delivered, and may, if necessary, enforce any order giving pos-
session. [66 v. 238, §525.]
SEC. 2249. [Costs, how paid.] The costs occasioned by the inquiry and
assessment shall be paid by the corporation, and the other costs which may
1080
§§ 2250-2254.
APPROPRIATION OF PROPERTY. Tit. XII,Div.7,Ch.3.
arise, shall be charged or taxed as the court in its discretion may direct. Pro-
vided, that at or after the time of making the application for a jury, the per-
son representing the corporation may file in court a written offer to confess
judgment, for an amount to be stated and the costs then made, in favor of any
owner who in any manner enters an appearance, or upon whom or whose agent
personal service of the notice may have been made; whereupon, if such owner
shall refuse to accept such offer, in full of his demands, and on the trial shall
not recover more than was so offered to be confessed, such owner shall pay all
the costs incurred after the offer was made. The foregoing provisions shall
apply to all cases for the assessment of damages under subdivision 11 of chapter
4 of this division; and an offer so made as aforesaid shall be governed by the
provisions of section 5142 of the Revised Statutes of Ohio. [88 v. 560; 66 v.
238, § 526.]
SEC. 2250. [No delay from doubt of ownership.] No delay in making
an assessment of compensation, or in taking possession, shall be occasioned by
any doubt which may arise as to the ownership of the property, or any part
thereof, or as to the interests of the respective owners; but in such cases the
court shall require a deposit of the money allowed as compensation for the
whole property, or the part in dispute; and in all cases, as soon as the corpora-
tion shall have paid the compensation assessed, or secured its payment by a
deposit of money under the order of the court, possession of the property may
be taken, and the public work or improvement progress. [66 v. 238, § 527.]
SEC. 2251. [Interested parties may give bond, etc.] Any person
interested in the appropriation of private land for a street, alley, or public high-
way, may, before or after the passage of an ordinance for the opening of such
street, alley or public highway, or before or after application to the court, exe-
cute his bond, payable to the corporation, to the acceptance of the council, con-
ditioned for the payment of all damages which may be assessed by the jury;
and such bond shall be good in law, and if such bondsmen pay or deposit
according to the order of the court, then such street, alley or highway shall be
opened; or the corporation may, at its discretion, make such payment or
deposit, and collect by law the amount of such damages of such bondsmen
with or without costs, as the court may direct. [66 v. 238, §528.]
SEC. 2252. [Review of proceedings.] Whoever, being directly inter-
ested, feels aggrieved by the verdict or finding or any decision or judgment of
the probate court or court of common pleas in any such proceeding, shall have
remedy by motion for new trial and petition in error, as in other cases. [66 v.
238, §529.]
SEC. 2253. [When execution of order may be suspended.] When
such petition is filed, the court of common pleas, or probate court, as the case
may be, may suspend the execution of any order which may have been made,
on such terms as may be deemed proper, and may require a bond with security
for the payment of any damages or costs which may be thereby occasioned;
but in all cases, whether upon error, or upon appeal as provided for in section
two thousand two hundred and fifty-four, where the municipal corporation pays or
secures by a deposit of money the compensation assessed by the jury, and
gives such security as may be deemed adequate to pay any further compensa-
tion and all damages and costs which may be thereafter adjudged, and the
right to take and hold the property condemned shall not be affected by any
such review or appeal. [1889, March 27: 86 v. 144; Rev. Stat. 1880; 66 v. 239,
§ 530.]
SEC. 2254. [Appeal to court of common pleas.] Where the proceed-
ing is had in the probate court, any party interested in the inquiry and assess-
ment may take an appeal to the court of common pleas; and thereupon the
same proceedings shall be had as if the application had been originally made
in that court, except that the corporation shall not be required to give notice
1081
Tit. XII,Div.7,Ch.3. APPROPRIATION OF PROPERTY.
SS 2255-2260.
of its application, and the inquiry and assessments shall be limited to the case
of the party taking the appeal; and the court shall make such order for the
payment of the costs accruing upon the appeal as may seem equitable and
just. [66 v. 239, §531.]
Where a railroad company, in proceedings under the statute for condemnation of private property, pays
into court the damages assessed and takes possession of the property, and upon petition in error the assess-
ment is set aside and a new assessment awarded, it is competent for the jury, in making the latter assessment,
to allow and include in their verdict interest from and after the time when possession was taken and while
the money was retained by the court: Atlantic & Great Western Ry. Co. v. Koblentz, 21 O. S. 334.
SEC. 2255. [Nature of appeal, and undertaking.] The party desirous
of appealing, shall, within ten days after the date of the final order determin-
ing the rights of such party, file with the probate judge notice of his intention
to appeal; and shall further, within twenty days after the making of the order,
give a written undertaking to the adverse party, with one or more sufficient
sureties to be approved by the probate judge, conditioned that the party appeal-
ing shall abide by and perform the order, judgment or decree of the appellate
court, and pay all costs or moneys which may be awarded against such party
by the appellate court. [66 v. 239, §532.]
SEC. 2256. [As to appeal by guardian, married woman, etc.] When
the appeal is taken by a person as guardian, executor, or administrator, who
has given bond as such in the state, no undertaking shall be required from such
guardian, executor, or administrator; and when an appeal is taken by a mar-
ried woman, her liability shall be the same as if she had been sole. [66 v. 239,
§ 533.]
SEC. 2257. [Probate judge shall furnish transcript, etc.] The pro-
bate judge shall, upon the giving of the undertaking as provided in section
twenty-two hundred and fifty-five, or upon the filing of notice of the intention to
appeal where no undertaking is required, prepare an authenticated transcript
of the docket or journal entries, and of the order or decision appealed from,
which shall be forthwith filed with the clerk of the court of common pleas by
the person appealing, and the appeal shall thereupon be considered perfected;
and if the transcript is not filed within thirty days after the date of the under-
taking, or of the filing of the notice of intention to appeal where no undertak-
ing is required, the party shall be deemed to have waived an appeal. [66 v.
239, § 534.]
SEC. 2258. [Original papers may be used.] The original papers per-
taining to the proceeding may be used upon the hearing or inquiry in the court
of common pleas, and shall be transmitted by the probate judge for that pur-
pose. [66 v. 240, § 535.]
SEC. 2259. [Corporation not to appeal, etc.] The municipal corpora-
tion shall have no right of appeal; nor shall it prosecute error, except upon
leave of the reviewing court or a judge thereof. [66 v. 240, § 536.]
The leave may be granted at the hearing on error if not previously procured: Norwood v. Wooley, 9
C. C. 195; 10. D. 202.
SEC. 2260. [Neglect to pay or take possession in six months; attor-
ney's fee.] When a municipal corporation makes an appropriation of land
for any purpose specified in this chapter, and fails to pay for or take possession
of the same within six months after the assessment of compensation shall have
been made, as herein before provided, the right of the corporation to make
such appropriation on the terms of the assessment so made, shall cease and
determine; and any lands so appropriated shall be relieved from all incum-
brance on
account of the proceeding in such case, or the resolution of the
council making the appropriation; and the judgment or order of the court
directing such assessment to be paid shall cease to be of any effect,
except as to the cost adjudged against the corporation, and upon motion
of any defendant said costs shall thereupon be retaxed, and a reasonable
1082
§2261.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
attorney's fee, to be paid to the attorney of such defendant, together with any
other reasonable and proper expense incurred by defendant in an amount to
be then fixed by the court, shall be added to and included in such costs as a
part thereof, to be collected by execution or otherwise, in the same manner
as though originally so taxed. [90 v. 204; 66 v. 240, § 537.]
Time commences to run, not from the rendition of the verdict, but from the entry of the judgment or
order directing such assessment to be paid: Ryan v. Hoffman, 26 O. S. 109.
A corporation which refuses to accept the land, or to pay the compensation, can not be compelled by
mandamus to do so: State ex rel. v. C. & Í. R. R. Co., 17 O. S. 103.
The failure of the corporation to pay for and take possession of the same within six months after the
assessment of compensation shall have been made, is no bar to a new proceeding under the statute, by the
same corporation, after the expiration of the six months, for the appropriation of the same property for the
same public use: Trustees of Ĉ. S. Ry. v. Haas, 42 O. S. 239.
Where a municipal corporation appropriated property for street purposes and caused damages to be
assessed, but omitted to pay same within six months, and some years after took possession of the land with-
out further judicial proceedings, but intending to proceed under said appropriation proceedings: Held, the
property owner might elect to sue for the amount awarded him in said appropriation proceedings, or have
damages assessed at the time the street was opened. But having sued for the amount of damages assessed,
he is entitled to interest only from the time the street was. finally opened: Toledo v. Groll, 2 C. C. 199.
Conveyance by the owner after verdict and judgment conveys the right of action for taking the prop-
erty without payment after six months: Clarke v. Cleveland, 9 C. C. 118; 2 O. D. 331.
The amendment allowing attorney's fees does not apply to pending cases: Norwood v. Wooley, 9 C. C.
195; 10. D. 202.
The right to retax costs and include attorney's fees applies where a city has had claims assessed under
2317, but has failed for over six months to begin the improvement: Toledo v. Jacobson, 11 C. C. 220; 5 O.
D. 137.
SEC. 2261. [Provisions of this chapter applicable to hamlets.] In
cases in which hamlets are authorized to appropriate private property, the pro-
ceedings shall conform, as far as practicable, to the provisions of this chapter.
[66 v. 240, § 538.]
ASSESSMENTS:
CHAPTER 4.
HEREIN ALSO OF FURTHER PROVISIONS AS TO MAKING IMPROVE-
MENTS.
SUBDIVISION I. Assessments in general.
SUBDIVISION II. Damages.
SUBDIVISION III. Sidewalks and water-courses.
SUBDIVISION IV.
SUBDIVISION V.
Special provisions as to assessments in Columbus.
Sewers, and assessments therefor.
SUBDIVISION I.
SECTION
2262.
What assessments shall be levied on all taxable
property.
2263. Assessments which may be assessed on general
tax-list.
2264.
Assessments which may be made special; in-
stallments; Cincinnati and Toledo.
2264a. Special assessments in Cleveland and other
Cuyahoga corporations; installments;
limitations as to lots and lands.
22646. On what land and by what rules in Cincinnati,
Toledo and Springfield.
2265. General assessments; how certified to auditor.
Exception as to platted land.
2266.
2267.
2268.
When two-thirds vote requisite.
Assessment on owner of live estate.
2269. Assessment by valuation; Toledo.
2270. Maximum assessments in municipalities other
than cities of the first class and Hamilton
and Cuyahoga Co. villages: Defiance.
SECTION
2270f. Value of lots; how ascertained in Lorain.
2271. Limitation on assessment in certain cities;
Cincinnati and Toledo.
2272.
2273.
2274.
2275.
Such restrictions in certain municipalities
when three-fourths in interest petition;
who shall petition for persons under dis-
abilities; lien in Toledo.
Municipality to pay portion of costs of im-
provements; costs to constitute part of
As to intersections.
[maximum levy.
Intersections and other property in Cincinnati
and Toledo; Bouds; Sec. 2702 not appli-
cable.
2275a. Assessments upon municipal and school prop-
erty in Hamilton county municipalities.
2275c. Intersections and municipal property of De-
fiance.
Assessment on property of the corporation;
proviso.
2276.
2270a. Maximum in Bucyrus.
2277.
22706. Maximum on vacant lots in North Baltimore.
2270c. Maximum on vacant lots in Fostoria.
2278.
Estimate of assessments; Cleveland.
Notice of assessment to be published.
2279.
2270d. Maximum in Marion.
£270e. Maximum in Elmore.
Objectious to assessments to be filed.
2280. Equalization of assessments; Cleveland.
2281. Confirmed assessments final.
1083
Tit. XII.
ASSESSMENTS.
Div. 7, Ch. 4.
SECTION
2282. Vote necessary to appoint equalizing board.
2283. Double assessment.
2284. Cost of any improvement shall include what.
2285. When payable; lien of; release of lien.
2286. Assessment and penalty recovered by suit.
2287. Lien may be enforced against all owners, or a
part, etc.
2288. Notice to non-resident owner.
2289. Costs, in case of error or defect in proceedings.
2289a. Validity of assessments created by informal
ordinances.
22896. Levy of assessment or re-assessment.
2289c. Effect of omission "by the front foot"; right
of plaintiff to show injury; judgment in
proceeding.
2289d. Levy of assessment or re-assessment in case
of omission.
2290. When re-assessment may be ordered.
2291. Proceedings upon re-assessments.
2292. Tax levies for lighting municipal corporations.
2292a. For lighting in Toledo.
2293. Assessment for repaving, etc.
2293a. Authorizing the improvement of streets in
Cincinnati; estimate of the cost; notice
of improvement; change of grades; sewer,
gas, and water connections; reconstruct-
ing curb; claim for damages; restrictions
as to contracts; powers and duties of, and
rules governing the board of public works;
material to be removed; costs of such
improvements: how paid; city realty;
issue of street improvement bonds; levy
of tax for interest and sinking fund; sale
of said bonds; the "pavement fund."
22936(1). Improvement of the lower river road; pro-
visions applicable to said improvement;
cost of improvement, by whom to be
paid; issue of bonds; levy of tax; sale
of bonds; lower river road improvement
fund.
22936(2). Board of public affairs authorized to im-
prove streets with granite; provisions ap-
plicable; powers of board; contracts;
issue of bonds; their payment provided
for; sale of bonds; granite pavement
fund.
2293c. Authorizing certain cities to improve streets,
avenues, etc.
2293d (1). Cincinnati street paving act; tax; bonds.
2293d(2). Paving in villages in Hamilton Co.
2293d(3). Paving in all villages of first class.
2293e(1). Cincinnati bowlder paving; power; cost;
bonds; tax; sale of bonds; proceeds.
2293e(2). Avondale street paving.
2293f(1). Petition for particular kind of paving in
Avondale.
2293ƒ(2). Payment of non-collectible assessments; in-
terest on bonds.
[cinnati.
229313). Improvement of widened highways in Cin-
22934). Cost from change of material in Cincinnati.
2293g. Disposition of balances in Avondale and Lin-
wood.
2293h. Repair of streets, avenues, highways and alleys
in Cincinnati; method of procedure.
CLEVELAND.
2293-1. Paving in Cleveland and assessment.
2293-2. Bonds therefor; their duration and interest.
2293-3. How sold; disposition of proceeds; assess-
able cost.
SECTION
2293–18. Lien of assessment; depth of lots; mistake
in description.
2293-19. Irregular and coruer lots.
2293-20. Right to pay all at a time; subdivision.
2293-21. Moneys received; property appropriated.
2293-22. Superintendent elected; when.
2293-23. Action to enjoiu.
2293-24. Owner defined.
2293-25. Sectious not applicable.
DAYTON.
2293-26. Dayton; paving of certain streets.
2293-27. Laws governing same; notices; claims.
2293-28. Issue and sale of street paving bonds.
2293-29. How and by whom such bonds shall be
paid; payment by street railroad com-
pany as consideration for extension of
right to operate its lines.
2293-30. Gas, water and sewer house connections.
2293-31. Granite, asphalt, etc.
2293-32. City commissioners to determine kind;
make contracts, etc.
2293-33. Claims for damages.
2293-34. Submit resolutions or ordinance to council.
2293-35. Contracts: lowest bidder.
2293-36. Contractor's bond.
2293-37. Contracts; how paid.
2293-38. Engineer's duties.
2293-39. Acceptance of work.
2293-40. Material removed belongs to city.
2293-41. Cost assessed.
2293-42. Cost if street railroad in street.
2293-43. Bonds; interest; when payable; sale.
2293-44. Special issue of bonds authorized; tax.
2293-45. Additional bonds and for what.
2293-46. Moneys to be in separate fund.
2293-47. Cost to be assessed and on what property.
2293-48. Plat and publication of assessment.
2293-49. Payment of assessments.
2293-50. Lien of assessment.
2293-51. Collection before work done; deficiency.
2293-52. Right to pay in full; fund; loan if defi-
ciency.
2293-53. Common pleas jurisdiction.
2293-54. Owners defined.
2293-55. Curative.
2293-56. Improving part of street.
2293-57. Piqua authorized to pave and assess cost.
2293-58. Bonds.
2293-59. Sale of bonds; proceeds; cost and how
assessed.
2293-60. Payment of assessments.
2293-61. Assessments to be lien.
2293–62. Right to pay at any time.
2293-63. Proceeds; temporary loans.
2293-64. Street commissioners and superintendent
to be appointed.
2293-65. Irregularities not to invalidate.
2293-66. Question to be voted on.
2295–67. Board of improvements may be created, etc.
2293-68. City may pay part.
2293-69. Bonds; sale; interest.
2293-70. Tax.
2293-71. Vote.
2293-72. Sewering before improving.
2293-73. "Owner" defined.
2293–74. Section 2270 does not apply.
IN GENERAL.
2293-4. Payment of assessments.
2293-5. Assessments to be a lien.
2294.
Special duty of courts.
2293-6. Right to pay at any time.
2293-7. Money to be used solely for bonds.
2296.
2293-8. Acceptance of work.
2293-9. Curative provisions.
2295. Unpaid assessments to be certified to auditor.
Payment and application of assessments; dis-
position of unclaimed excess of assess-
ments in Cleveland.
2293-10. Owner defined.
2297.
Duration of lien, etc.
2293-11. How certain improvements made in Cleve-
land.
2298.
2299.
When new action may be commenced.
Collection of assessment in advance.
2293-12. Providing for assessments, etc.
COLUMBUS.
2293-13. Columbus street paving and keeping in re-
pair; assessment.
2293-14. Ascertainment of value of assessable prop-
erty; installments.
2293-15. Bonds in advance of assessment.
2293-16. Sale and proceeds thereof.
2293-17. How assessment collected; lien.
2300. Deficiency or excess of assessments.
2300-4. Cincinnati; bonds to pay contractors to
whom deficient assessments were delivered.
2300-2. Further issue of bonds for same purpose.
2300-3. Sinking fund for payment of such bonds
and interest.
2301. Expense of changing established grades: how
paid; Toledo.
2302. Added territory.
2303. Proceedings in improvements and repairs.
1084
Tit. XII.
ASSESSMENTS.
Div. 7, Ch. 4.
SECTION
2303a. When cost exceeds five thousand dollars,
character of material for improvement of
streets in certain cities not to be decided
until bids are received.
2304. Resolution of necessity; notice; sewers.
2305. Improvement on petition in city of second
class or village.
2306. Board to supervise such improvement.
2306-1. Appropriation and apportionment of same.
2306-2. When state is liable for street or sewer assess-
ment.
2306-3. Mode of assessing state realty.
2306-4. Representatives of state and status of state
property in case of such improvement.
2306-5. Apportioument to state property of expense
of such improvement and payment of same.
2306-6. Sprinkling and sweeping of streets in front
of state property.
2306-7. Construction, maintenance, etc., of side-
walks in front of state property.
2307. Keeping street in repair; planting shade trees:
sprinkling; petition filed and recorded by
city clerk.
2308. Who shall constitute board for such purpose;
term, and how vacancy filled.
2309. Power to contract.
2310. Sprinkling, etc., in cities of first class.
2310a. Dry strip to be left in sprinkled streets; bicy
clists to have right of way of dry strip;
penalties.
[cially assessed.
2311. Expenses to be reported to council, and spe-
2312. Assessment for sprinkling in cities of first class.
2313. Assessment for sprinkling, etc., lien on land
charged.
[ment.
2314. Expense of collecting to be added to assess-
COLUMBUS AND TOLEDO.
2314-1. Cleaning and sprinkling of streets; planting
and care of trees in public ways in Colum-
bus and Toledo.
2314-2. Commissioners.
2314-3. Their terms; vacancies.
SECTION
2314-10. [Repealed.]
2314-11. [Repealed.]
2314-12. [Repealed.j
2314-13. [Repealed.]
2314-14. [Repealed.]
2314-15. [Repealed.]
2314-15a. Cleaning, sweeping, and sprinkling streets,
avenues and alleys in Columbus.
2314-15b. Commissioners; term; vacancy.
2314-15c. Commissioners to file statement with board
of public works; board of public works
to determine what necessary to be done
with streets, etc.
2314-15d. Letting of contracts.
2314-15e. When work may be done by city officers.
2314-15ƒ. Cost to be assessed.
2314-15g. Assessment when street railroad is upon
street.
2314-15h. Expending of the funds for cleaning, etc.
2314-152. Levying and assessing cost.
2314-15j. Power to borrow money.
2314-15k. Publication of assessment; ordinance;
of assessment.
lien
2314-15. Collection and payment of assessments.
2314—15m. In case cities have no board of public
works, etc., council to act.
ΧΕΝΙΑ.
2314-16. Authorizing Xenia to plant trees in avenues,
streets and alleys.
2314-17. Council may appoint a board of commis-
sioners.
2314-18. Term; vacancy, etc.
COLUMBUS.
2314-19. Sinking fund trustees in Columbus to be
custodians of money withheld from public
contractors; bonds.
2314-20. Interest to be paid to contractor on certain
conditions; when principal paid to con-
tractors.
CINCINNATI.
2314a. Power in Cincinnati to order and pay for im-
provements vested in board of public
works.
23146. Reserve improvement fund; when paid to
2314-4. [Repealed.]
2314-5. [Repealed.]
2314-6. [Repealed.]
2314-7. [Repealed.]
2314-8. [Repealed.]
2314-9. [Repealed.
2315. Claim for damages; effect of failure to file.
2316. Determination of council as to claims for dam- 2322.
ages.
2321.
2317. Assessment of damages.
2318. Proceedings of jury.
2319. Finding final.
2320. Costs of inquiry.
SUBDIVISION II.
contractors.
Assessment after completion of improvement
Assessment when proceedings defective.
Oath of assessors of damages.
2324. Duty of assessors of damages.
2323.
2325.
Costs in certain cases.
2326. Time allowed before suit can be brought.
2327. Construction of provisions.
SUBDIVISION III.
2332.
2328. Council to provide for construction and repair
of sidewalks.
2329. Notice to owners of abutting property to con-
struct or repair sidewalks; return of copy
of notice to clerk; service upon agent of
owner; notice to repair certain dangerous
defects in sidewalks; making of such re-
pairs at owner's expense; notice to non-
residents and persons not found.
2329a. Cleaning of sidewalks or gutters in Springfield.
2330. On failure of owner to construct or repair,
same to be done at his expense.
2330a. Construction of sidewalks, curbing or gutters
and assessment in certain cities and vil-
lages; bonds, etc.
23306. Construction of sidewalks, curbing or gutters
and assessment in villages of the second
class; bonds, etc.
2330c. Submission of question of issuing bonds to
electors.
2331. Construction of sidewalks to turnpikes, etc.
Construction of sidewalks on one side only;
upon other side.
2333. Exemption of property in certain cases; cities
where sidewalks widened and roadways
narrowed.
2333a.
2334. Cost of sidewalks along property of the corpo-
ration.
Exemption of property for construction in
Hamilton County villages.
2334a. Sidewalks, how constructed in certain villages.
23346. When council shall assess costs of construc-
tion upon abutting property.
2334c. Bonds; levy of tax.
2334-1. Construction and repair of sidewalks a lien
in Dayton.
2334-2. Priority of lien.
2334-3. Action to enforce lien.
2334-4. Civil engineer to keep note of contracts.
2334-5. Lots owned by a married woman.
2335.
SUBDIVISION IV.
2336. Election of board to superintend street im-
provement by abutting property owners in
Columbus.
2337. When election held; notice of.
2338. How election held.
2339. Certificates of election to be issued, etc.
As to water-courses.
2340. When new election ordered.
2341. In case of tie vote.
2342. Organization of commissioners.
2343. Non-attendance of commissioners at organiza-
tion; action of council.
2344. Vacancies.
1085
Tit. XII.
ASSESSMENTS.
Div. 7, Ch. 4.
SECTION
2345. Quorum.
2346. Power of commissioners as to improvement.
2347. Contracts, how awarded.
2348. Contractor to give bonds.
2349. Contract to provide for the payment of money
out of certain fund.
2350. City engineer to furnish grade.
2351. City to take control of street at completion.
2352. When payment to be made; how bonds issued.
2353. Bonds to be registered.
2351. Negotiation of bonds, and disposition of pro-
ceeds of sale.
SECTION
2356. How cost of improvement ascertained and as-
sessed.
2357. Plat showing amount assessed against each lot
to be prepared.
2358. Assessments, how paid.
[limited.
2359. Assessment a lien: depth of lots to which lien
2360. Rights of property owners as to payment of as-
sessments.
2361. Temporary loan to pay interest on bonds.
2362. Who are owners.
2355. Money from sale of bonds to be kept separate.
2365.
2363. Mistake in dercription not to vitiate lien.
2364. Two-thirds of owners must petition.
Part of street may be improved.
SUBDIVISION V.
CITY OF HAMILTON.
2400.
House connections and branches.
2365-1. Council in Hamilton may make improve-
2401.
ments.
2402.
Cost of branch sewers: how assessed.
Tapping sewers for private use.
2365-2. Same authority if petitioned.
2365-3.
Procedure.
2365-4. Same.
2365-5.
Assessments and lien.
2365-6. Notice.
2365-7. Redemption of bonds.
2365-8. Time liens shall run.
2365-9.
Bonds in detail.
2365-10. Payment of city's portion.
2365--11. Levying of tax.
2365-12. Repeals.
2365-13. Action to enjoin.
2365-14. Owner" defined.
2365-15. Repeal.
2360-16. [Repealed.]
2365-17. [Repealed.]
2365-18. [Repealed.]
2345-19. Repealed.]
IN GENERAL.
2366. Board of improvements to devise a plan of
sewerage.
2367. Commissioners of sewerage: their powers and
duties.
2368. Composition of the board.
2368a. Board of sewer commissioners in certain
cities; compensation; members; improve-
ments in detail.
2369. Board may appoint engineer, employes, etc.
2370. Sewer districts.
2370a. Councils of cities second class, third grade,
may issue bonds for constructing inter-
cepting sewers, etc.
2371. Main or trunk sewers.
2372. Assessments by districts.
2373. Discrimination as to improvements.
2374. Plans and specifications to be prepared.
2375. Notice of completion of plans, etc., to be ad-
vertised.
2376. Amendments of plans, etc.
2377. Engineer to estimate costs, etc.
2378. Construction of sewers; ordinance, etc.
2379. Assessment of cost of main sewers.
2380. Limit of such assessment; bonds; when assess-
ments paid, etc.
2380a. Limit of assessment for construction of main
sewers in Springfield.
2381. Assessment of cost of local sewerage.
2382. Rule of assessment, etc.
2383.
Discrimination in assessment in certain cases.
2384. Assessment not to exceed two dollars per foot
front.
2385.
Assessment according to benefits.
2386. Report of assessments.
2387. Notice of assessment to be published; Toledo.
2388. Filing of objections to assessment.
Errors to be corrected.
2389.
Action of council thereon.
2390.
New assessment provided for.
2391.
2392.
2393.
Order to county auditor with respect to assess-
ment.
Assessment to be a lien.
2394. Assesments in new sewer districts.
2395. Subdivision of main sewer districts.
2396. Assessments pro rata, etc.
2397. Construction of branch or local sewers.
2398. Proceedings therefor.
2398a. Procedure for construction of local sewers,
etc., in Springfield.
2399. Division of lots after first assessment.
2403. Ditches for draining.
2404. Repair of sewers, ditches, etc.
2404-1. County commissioners empowered to author-
ize construction in Circleville of branches
to main sewers, etc.
2404-2. Petition; contract.
2404-3. Survey; apportionment of assessment.
2404-4. Tapping of sewer and branch; who may
do so.
2405. Surface drainage: non-liability of land owners
for damages in certain cases.
2406. Board of city commissioners to have control of
sewers, etc., in Cincinnati.
2406a. How assessments may be paid; duty of board
of public affairs; bonds: when assessments
to be placed upon tax-list.
24066. Sewer assessments in instalments in Hamilton
County villages: option of paying assess
ment in full; interest; bonds; placing
assessment upon tax-list.
2406c. Additional tax'; anticipation of same.
2406-1.
2406-2.
2406-3.
IN CLEVELAND.
Board of improvements in certain cities to
devise plan of sewerage.
Powers of commissioners of sewers.
How commissioners appointed, and term.
2406-4. Board to appoint engineer, etc.
2406-5. Council to divide city into districts.
2406-6. Main sewers: how constructed, and cost.
2406-7. Certain improvements to be designated.
2406-8. Plans and specifications.
2406-9. Board to give notice that plans have been
filed.
2406-10. Plans may be amended or corrected.
2406-11. Engineer to make estimate of cost, and re-
port to council.
2406-12. Sewers to be constructed; ordinance shall
specify what street, etc., to be drained.
2406-13. Council shall assess cost of main sewer ac-
cording to valuation or benefits.
2406-14. How property assessed.
2406-15. What property may be exempt.
2406–16. Maximum assessment per front foot.
2406-17. Assessments according to benefits; how
made.
2406-18. Duties of assessors.
2406-19. Council to give notice of assessment, and
final action.
2406-20. Objections to be filed with clerk.
2406–21. Council may set aside or confirm assess-
ments.
2406-22. Proceedings when assessment is set aside.
2406-23. Council may correct error.
2406-24. May order assessments certified to auditor.
2406-25. Assessments to be liens.
2406-26. How assessments made in new sewer dis-
tricts.
2406-27. Local sewers: how constructed; assesments
therefor.
2406-28. Proceedings for.
2406-29. When lands subdivided, original assess-
ments to be apportioned.
2406-30. Council may provide for house connec-
tions.
2406-31. Cost: how assessed.
2406-32. May tap sewers to drain premises.
2406-33. Council may construct ditches.
2406-34. May repair sewer, ditch or drain.
2406-35. When owner of real estate not liable for
damage to adjacent property.
2406-36. May issue bonds.
1086
Tit. XII.
ASSESSMENTS.
Div. 7, Ch. 4.
SECTION
2406-37. Cleveland authorized to construct a conduit
or drain: to provide proper machinery,
etc., and to issue bonds.
2406-38. Council to declare by resolution the neces-
sity for such improvement; owners of
land to file claims, in writing, for dam-
ages.
2406-39. Council may issue bonds; how sold.
2106–39a. Cleveland may occupy streets, etc., of the
municipalities for sewerage purposes.
2406–396. Ordinance therefor; publication of same;
appointment of commissioners.
2406-39c. Duty of commissioners.
2406-39d. Power of court to modify report, etc.
IN DAYTON.
2406-40. Board of city commissioners in Dayton,
vested with certain powers.
2406-41. May make improvements.
2406-42. Shall submit to council plans.
2406-43. Payment of cost of improvement: how.
2406-44. Bonds in detail.
2406-45. Issue of bonds to meet city's part of ex-
pense of improvement.
2406-46. Publication of notice.
2406-47. Collection of assessments.
2406–48. Assessments with interest thereon, to be a
lien on land.
2406-49. Levy of tax.
2406-50. Assessments may be collected before work
done: deficiency.
2406–51. Right of property owner to pay assessment
in full.
2406-52. "Owner" defined.
2406–53. Where mistakes do not vitiate lien, etc.
IN HAMILTON.
2406-54. Council in Hamilton may make improve-
ments.
2406-55. Bonds for same.
2406–56. Council governed by certain sections of Re-
vised Statutes.
2406-57. Levying of tax.
2406-58. Payment of cost.
2406-59. Certain sections of Revised Statutes shall
not apply.
2406-60. When bonds issued.
2406-61. Council may direct engineer of city as to
certain things.
2406-62. Hamilton may make certain improvements.
2405-63. Plans of improvements.
2406-64. Under direction of board of commissioners.
2406-65. Plans of sewerage.
2406-66. Plans of sanitary house sewerage.
2406–67. Board shall designate part required to be
immediately constructed; plans and spe-
cifications to be open for inspection.
2406-68. Notice.
2406-69. After 10 days commissioners may locate
sewer, etc.
2406—70. Advertisements, etc.
2406-71. Work under supervision of board.
2406-72. Costs, etc.
2406—73. Assessments.
2406–74. Condemnation, etc.
2406-75. Fund for payment.
2406-76. Same.
2406-77. Same.
2406-78. Ordinance to specify property assessed, etc.
2406-79. Levying of taxes in detail.
2406-80. Payments in installments.
2406-81. "Owner" defined.
2406–82. What mistakes do not vitiate lien.
IN SPRINGfield.
2406-83. Authorizing certain cities to make certain
improvements.
2406-84. Council may issue bonds.
2406-85. Section 2702, Revised Statutes, not to gov-
ern.
2406-86. Levy of tax.
2406-87. Costs and expenses: how paid; proviso.
2406-88. Council not to be governed by section 2375.
2406-89. Certain cities authorized to make sewer im-
provements.
2406-90. Issue of bonds for such improvements.
2406-91. Applicability of section 2702, Revised Sta-
tutes.
SECTION
2406-92. Tax levy to pay said bonds and interest;
levy by districts; district sewer fund.
2406-93. Assessment on property specially benefited.
2406-94. Applicability of statutory provisions.
CITIES OF THE 3RD OR 4TH GRADE, 2ND CLASS.
2406-95. Certain cities, third or fourth grade, second
class, authorized to construct sewers, and
assess cost on abutting property.
2406-96. Bonds may be issued; limitation.
2406-97. Cost to be assessed equally by the front foot.
2406-98. Assessments to be placed on tax duplicate.
2406-99. Assessments to be a lien until fully
2406-100. How assessments paid.
2406-101. Application of proceeds.
paid.
2406-102. Action for collection of unpaid assessments.
2406-103. Estimate of cost to be made by city engineer.
2406-104. "Owner" defined.
COLUMBUS SEWER FARM.
2406-105. Columbus sewer farm.
2406-106. Bonds.
2406-107. Additional tax levy.
2406-108. Village councils to provide for drainage
from artesian wells.
TRUNK SEWERS.
2406-109. Authorizing cities, first grade, first class, to
construct sewers.
2406-110. Bonds may be issued.
2406-111. Advertising for bids for sale of bonds.
2406-112. Cincinnati trunk sewers; levy of tax.
2406-113. Trunk sewer fund: expenditures from.
2406-114. Tapping of trunk sewers by private per-
sons; power of board of public affairs;
assessment of abutting lands; lands not
subject to assessment; owners of such
lands may tap sewers; when; levy of as-
sessments.
2406-115. Completion of old and construction of new
sewers; payment of cost; limitation on
contracts for expenditures.
2406-116. Powers and duties of board of administra-
tion in making such improvement.
2406-117. Repeals.
2406-118. Cities of the third grade, second class, au-
thorized to issue bonds for construction
of trunk sewers.
2406-119. Tax levy to pay said bonds; limitation.
2406-120. Municipalities in Cuyahoga county may
construct main sewers jointly; procedure.
2406–121. Columbus may construct main trunk
sewers and sewer pumping stations.
2406-122. Bonds.
2406-123. Same.
2406-124. Levy of tax.
2406-125. Council in Columbus may construct main
trunk sewers.
2406-126. Fund for payment.
2406-127. Tax.
2406-128. Construction of joint trunk sewer by cer-
tain villages in Hamilton county; board
of commissioners.
2406-129. Organization and power of board.
2406-130. Meetings.
2406-131. Expenditures must be authorized by
board.
2406-132. Plans, etc.
2406-133. How contracts made.
2406-134. No money to be paid under illegal con-
tract.
2406-135. Sealed proposals.
2406-136. Bond to accompany bid.
2406-138. To whom contract awarded.
2406-137. When bid deposited, etc.
2406-139. Bonds and apportionment of cost.
2406-140. Levy of tax.
2406-141. How village may be subsequently per-
mitted to join in construction.
2406-142. Condemnation, etc.
2406-143. Disposition of unexpended balance.
2406-144. Responsibility of commissioners, etc.
2406-145. Trunk sewer trustees.
2406-146. Ownership in and maintenance of sewer.
2406–147. Terms for tapping into sewer; by whom
prescribed.
2106-148. Organization, etc., of sewer trustees.
2406-149. Powers of trustees.
2406-150. Levy of tax for contingent fund.
ļ
1087
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§§ 2262-2264.
Applies to hamlets in counties containing cities of the first class: see 1652.
Governs council or board of trustees in making assessments for laying water pipes in
municipalities, except cities of first class: see ? (2435-51).
SUBDIVISION I.
ASSESSMENTS IN GENERAL.
Assessments for laying water pipes in municipalities except cities of first class, see
? (2435-51).
Offer to confess judgment and costs in case of refusal apply to this chapter, see 2249.
One who assumes the payment of an assessment in a deed of the property purchased, can not afterwards
question the legality of the assessment: Caldwell v. Columbus, Supreme Court without report, 37 W. L. B. 270.
This may occur by a reduction in the purchase price, the purchaser to pay the assessment: Id.
An assessment for street improvement may be made upon a street the title of which is in the public by
prescription: Duffy v. Norwood et al., 3 N. P. 325; 1 0. D. 85.
When a tax payer has two grounds for contesting an assessment, one personal to himself, the other in
common with other abutting property owners, proceeds upon the last named ground and fails, he is barred
from proceeding upon the other: Cincinnati et al. v. Emerson, 57 O. S. 132.
And this is so, although the one would have totally defeated the assessment and the other only have re-
duced the plaintiff's assessinent: Id.
SEC. 2262. [What assessments shall be levied on all taxable prop-
erty.] The council shall, when in its opinion necessary, and also when it
becomes its duty, levy and assess, upon the general tax-list, an assessment on
all taxable real and personal property in the corporation, for the payment of
the cost and repair of the following improvements, including the cost of the
necessary real estate therefor, that is, for public halls and necessary offices,
structures for the fire department, water-works, market-houses and spaces, cem-
eteries, parks, infirmaries, hospitals, gas-works, prisons, houses of refuge and
correction, work-houses, public privies and urinals, wharves and landings on
navigable rivers, levees, and embankments. [70 v. 127, §539.1
See note to Jessing v. Columbus, 1 C. C. 90, under 2264.
Sections 2262 to 2264, 2769, 2770, 2789 and 2790 are cited in Frey v. Findlay, 7 C. C. 311, but that case is
reversed, 51 O. S. 390.
SEC. 2263. [Assessments which may be assessed on general tax-lists.]
When the corporation appropriates, or otherwise acquires, lots or lands for the
purpose of laying off, opening, extending, straightening, or widening a street,
alley, or other public highway, or is possessed of property which it desires to
improve for street purposes, the council may assess the cost and expenses of
such appropriation or acquisition, and of the improvement, or of either, or of
any part of either, upon the general tax-list, in which case the same shall be
assessed upon all the taxable real and personal property in the corporation.
[1888, April 13: 85 v. 229; Rev. Stat. 1880; 70 v. 127, § 539.]
Registered land, sale of (4157—143).
Taxes and assessments for construction of free turnpikes may be refunded, see ? 3501a.
Applied to viaducts and elevated roads over streets, railroads, creeks, etc., in Cincin-
nati, 87 v. 91, 2 6.
Cleveland authorized to issue bonds in advance of special assessments, see (2711—16)).
See note as to 93 v. 530, under 2264a.
Section cited R. R. v. Defiance, 52 O. S. 262, 300.
The taxes thus raised are included in the aggregate amount of taxes, to the levying of which corpora-
tions are restricted under 2 2689: State v. Strader, 25 O. S. 527; State v. Humphreys, Ib. 520.
Where a village had issued bonds for a street improvement, which bonds were to be paid by a tax on all
the property of the village, and the village is afterwards annexed to a city, the two municipal corporations
may agree that the latter one may levy a special tax on the property of the village to pay such bonds: City
of Cleveland v. Heisley, 41 O. S. 670.
But such tax, with other taxes, can not exceed the statutory limit of the city: Ib.
Whether curbing is a part of a street improvement or of a sidewalk improvement, is a question of fact,
to be determined from the circumstances of the particular case: Ehni v. City of Columbus, 3 C. C. 493.
See note to Jessing v. Columbus, 1 C. C. 90, under 2264.
See note to Fremont v. Hayes et al., 4 N. P. 379, under 2 2265.
SEC. 2264. [Assessments which may be made special; exception as
to Cleveland; installments; proviso as to Defiance, Cincinnati and Toledo;
exception of cities of second grade first class and Springfield.] In the
cases provided for in the last section, and in all cases where an improvement
of any kind is made, except in cities of the second grade of the first class, of
1088
$ 2264.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
an existing street, alley or other public highway, the council may decline to
assess the costs and the expenses in the last section mentioned or any part
thereof, or the costs and expenses or any part thereof of such improvement,
except as hereinafter mentioned, on the general tax list, in which event such
costs and expenses or any part thereof which may not be so assessed on the
general tax list, shall be assessed by the council on the abutting and such ad-
jacent and contiguous or other benefited lots and lands in the corporation,
either in proportion to the benefit which may result from the improvement,
or according to the value of the property assessed or by the foot front of the
property bounding and abutting upon the improvement, as the council by
ordinance setting forth specifically the lots and lands to be assessed may deter-
mine before the improvement is made, and in the manner and subject to the
restriction herein contained; provided, however, that in cities of the fourth
grade of the second class, which by the federal census of 1890 had and those
which by any subsequent federal census may have a population of not less
than seven thousand six hundred and ninety (7,690) nor more than seven
thousand seven hundred (7,700) the council may assess one-third of the costs
and expenses of making any such improvement upon the general tax dupli-
cate of such city, and two-thirds thereof against the bounding and abutting
lots and lands according to the foot front, and in either such case the assess-
ments shall be payable in one or more installments, and at such times as the
council may prescribe; but this section shall be subject to the provisions of
chapter two of this division, and in cities of the first and third grades of the
first class, at the time when the council determines that the cost of such im-
provement is to be assessed as above provided, it shall also determine in how
many installments said assessments shall be payable; at what intervals, if
payable in more than one installment; also whether or not bonds shall be
issued in anticipation of such assessment; and when bonds are issued in an-
ticipation of the collection of such assessment, the interest accrued and to ac-
crue on said bonds shall be considered and treated as part of the costs and ex-
penses of such improvement for which assessments may be made. In cities of
the third grade of the first class, such assessments, when made, shall become
due and payable at the time and in the manner provided by the council, and
if said assessments or any installment thereof shall not be paid at the time the
same becomes due, a penalty of fifteen (15) per centum shall thereupon attach
to such unpaid assessment or installment, and thereafter such unpaid assess-
ment or installment shall bear interest until the payment thereof at the same
rate as the bonds issued in anticipation of the collection of such assessment;
and the county auditor shall, annually, place upon the tax duplicate the pen-
alty and interest herein provided for. When the council of said cities of the
third grade of the first class shall determine to issue bonds in anticipation of
the collection of assessments provided for in this section or required by section
twenty-two hundred and seventy-four (2274), the provisions of section two
thousand seven hundred and two (2702) shall not apply; nor shall said section
2702 apply when a part, not in excess of one-third of the cost and expenses of
any such improvement or appropriation is to be paid by any such city by levy
or assessment upon the general tax list, issue of bonds, or otherwise, as may
be provided by law; and any such city of the third grade of the first class is
hereby authorized to issue and sell its general street improvement bonds at a
rate for interest not in excess of five (5) per cent. per annum, payable semi-
annually, to pay for the city's part or share as aforesaid, of the cost and ex-
pense of any such improvement and appropriation, and may levy taxes, in ad-
dition to the tax now by law authorized to be levied therein or make assess-
ments as provided in the preceding section to pay such bonds and interest
thereon. When the council of cities of the second class and third grade and
cities of the second class and third grade a, determine to issue bonds in antici-
pation of the collection of assessments to pay the costs and expenses of appro-
1089
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ 2264.
priating lots and lands for the purpose of laying off, opening, extending, or
widening a street, alley or other public highway, the provisions of section
twenty-seven hundred and two (2702), shall not apply. [91 v. 422; 89 v. 353;
89 v. 181; 88 v. 250; 87 v. 43; 83 v. 171; 78 v. 258; Rev. Stat. 1880; 70 v.
127, § 539; 67 v. 82, §576; 66 v. 247, §§ 577, 578, 579.]
For acts as to paving streets in various municipalities, see ? 2293 to 2294.
Cleveland authorized to issue bonds for purposes of this section, see ? (2711—16).
Apportionment of assessment in Toledo when property subdivided, see ? (2601-−1)
et seq.
The power to make local assessments for public improvements, is conferred, not by 26, Art. XIII, but by
1, Art. II, of the Constitution of 1851: Hill v. Higdon, 5 O. 8. 243; Ernst v. Kunkle, Ib. 520; Reeves v. Wood
Co., 8 O. S. 333.
Assessments are not a taking of private property for public use, but a species of taxation: Scovill v.
Cleveland, 1 O. S. 126.
Under the former statutes assessments might be made according to the frontage or the valuation of the
land assessed: Hill v. Higdon, Ernst v. Kunkle, Reeves v. Wood Co., supra; Creighton v. Scott, 14 0. S. 438.
Or, after the proceeding was commenced in either of those modes, the assessment might be ultimately
made according to benefits: Meissner v. Toledo, 31 O. S. 387.
By this section they may be made "in proportion to the benefits
or according to the value,
or by the feet front;" and in whatever form the assessment is made, regard must be had to the bene-
fits, post 3 2283. Or, as held in a late case: "To enable a municipal corporation to pay for a local public
improvement, it may, by assessment, take from an individual whose lands are subject to assessment and
specially benefited by the improvement, such portion of the costs thereof as is the equivalent, but not in
excess, of the special benefits conferred thereby :" Chamberlain v. Cleveland, 34 O. S. 551.
In North. Ind. R. R. Co. v. Connelly, 10 O. S. 159, which was an assessment by the frontage, it was held
that the fact that one or more of the tracts may not have been benefited, will afford no defense against the
enforcement of the assessment, even as against such non-benefited property. See Maloy v. Marietta, 11 O. 8.
636; Creighton v. Scott, 14 O. S. 438. But this seems inconsistent with this chapter, post ? 2283, and with prin-
ciples recognized, and decisions cited with approbation, in Chamberlain v. Cleveland, supra.
A large number of the decisions on this subject have been rendered, in a considerable degree inappli-
cable to the Revised Statutes, by reason of the right given in this section to assess, in the first instance, accord-
ing to benefits, by the requirement that, whether the assessment be made according to benefits, according to
the value of the property assessed, or by the frontage, the council must, before the improvement is made, specific-
ally set forth, in an ordinance, the lots and lands to be assessed; by the clause that, however the assessment
is made, regard must be had to the benefits; and by other provisions of this division. See, as illustrating this,
Smith v. Toledo, 24 O. S. 126; Krumberg v. Cincinnati, 29 O. S. 69; Cincinnati v. Oliver, Meissner v. Toledo,
State v. Mitchell, 31 O. S. 371, 387, 592; Campbell v. Park, 32 O. S. 544; Kelly v. Cleveland, 34 O. S. 468.
Land appropriated for railroad track may be assessed: North. Ind. R. R. Co. v. Connelly, 10 O. S. 159;
B. & O. R. R. Co. v. Belmont Co., 19 O. S. 589. Liable though not platted: Barker v. State, 18 0. 514. And assess-
ment may include interest: Steese v. Oviatt, 24 O. S. 248. But, if excess over the per cent. prescribed by statute,
must be paid by municipal corporation: Upington v. Oviatt, Ib. 232.
Abutting lands: Richards v. Cincinnati, 31 O. S. 506. Whether abutting, is determined by the situation
of the property when the ordinance directing the improvement is passed: Douglass v. Cincinnati, 29 O. S.
165. Adjacent and contiguous lots: Meissner v. Toledo, 31 O. S. 387; Chamberlain v. Cleveland, 34 O. S. 551.
Where the proceedings in an appropriation assessment, on the principal of special benefits, merely show
upon their face that the aggregate amount of the assessment is placed on "benefited property," it will not
be conclusively presumed that the assessment is limited to the special benefits conferred by the improve-
ment: Chamberlain v. Cleveland, supra.
Where the proceeding is according to benefits, the whole amount of the assessment must be apportioned,
among the several lots and parcels of land specially benefited, in the proportion that the special benefit to
each lot or parcel bears to the whole special benefits conferred by the improvement: Ib.
If the opening of a street rendered it practicable to open another contemplated street which could not
have been opened before, and this fact of itself specially benefits lots adjacent to the new street, such special
benefits may properly be considered in estimating the special benefits conferred by the opening of the new
street: Ib.
An ordinance to improve a street between designated points, may except an intermediate portion of such
street: Wilder v. Cincinnati, 26 O. S. 284.
Power to assess for land taken, and to assess for paving, may be exercised at different times: Krumberg v.
Cincinnati, 29 O. S. 69. See Smith v. Toledo, 24 O. S. 126.
Where the work has been done by the municipal corporation, the property holder can not resist an assess-
ment therefor on the ground that the contractor has not been paid, or that he has agreed to take the assess-
ment in payment for the work. But the corporation can not, by devolving the risk and cost of collecting the
assessment upon the contractor, increase the burden of the owner beyond the cash value of the work:
Bliss v. Kraus, 16 O. S. 54.
If the attempted appropriation of land for the street is void, the remedy, if any, of the contractor who
made the improvement, is against the municipal corporation, and not the property owner: Harbeck v. Con-
nelly, 11 O. S. 227.
An excessive assessment is not void if it was made in good faith: Scovill v. Cleveland. 1 0. S. 126. But,
under former statutes, if a portion of the assessment was for a purpose not authorized by the charter, the
whole was invalid: Reed v. Toledo, Jonas v. Cincinnati, 18 O. 161,ˆ318.
If a contractor agree to do the work and take the assessment in payment, he has no recourse upon the
municipal corporation: Creighton v. Toledo, Welker v. Toledo, 18 O. S. 447, 452; Goodale v. Fennell, 27 O. S.
426. But if he agree to do the work and take an assessment therefor, a valid assessment is implied. There
is a manifest difference between an agreement to accept a particular assessment in payment of a debt and to
accept payment of a debt in assessments:" Cincinnati v. Diekmeier, 31 O. S. 242, 244.
Injunction.-Whether, independent of statutory provision, courts of equity could restrain the collection
of an illegal assessment, see cases collected in Stephan v. Daniels, 27 O. S. 533, 534. See, also, McCoy v. Chilli-
cothe, 30. 370; Armstrong v. Cincinnati, 5 O. 223; Culbertson v. Cincinnati, 16 O. 574; Jonas v. Cincinnati,
18 O. 318; Steese v. Oviatt, 24 O. S. 248.
Estoppel.-Under what circumstances a property owner will or will not be estopped to aver that an assess-
ment is illegal, see Kellogg v. Ely, 15 0. S. 64, where the owner stood by until an improvement was constructed
on his land, and then proceeded in equity; Corry v. Gaynor, 22 O. S. 584, where the owner encouraged the con-
tractor to proceed; Neff v. Bates, 25 O. S. 169, where, after the improvement was made, the assessment was resisted
on the ground that the street had not been properly dedicated; Wright v. Thomas, 26 O. S. 346, where the law
was unconstitutional, and the improvement did not touch the land of the party assessed; Stephan v. Daniels,
27 O. S. 527, where the proceeding was at law, and the improvement was not on the land of the party assessed:
70
1090
$ 2264.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
State v. Mitchell, 31 O. S. 592, where the act was unconstitutional, but certain persons assessed bad caused the
improvement to be made. In Wright v. Thomas, and Stephan v. Daniels, relief was granted, but in the other
cases the estoppel prevailed. See, also, Goodin v. Cincinnati, etc., Canal Co., 18 O. S. 169, 180; Hays v. Gal-
ion, etc., Coal Co., 29 O. S. 330, 340.
Such property owners as participate in causing the improvement to be made are estopped from assert-
ing the unconstitutionality of the law: Tone v. Columbus, 39 O. S. 281. But is not estopped from objecting
that subsequent proceedings were in violation of law: Ib.
May be estopped by silence: Ib. Okey, J. dissented.
Voluntary payment.-When payment of an assessment is involuntary, so that an action may be main-
tained to recover it back: Stephan v. Daniels, 27 O. S. 527. See, also, Thompson v. Kelly, 2 O. S. 647, 651;
Anderson v. Poindexter, 6 O. S. 622, 637; Knox Co. Bank v. Doty, 9 O. S. 505; Baker v. Cincinnati, 11 O. S. 534;
Western Union Tel. Co. v. Mayer, 28 O. S. 521. When payment of an assessment is voluntary, so that such
action can not be maintained: Marietta v. Slocomb, 6 O. S. 471. See, also, Mays v. Cincinnati, 1 O. S. 268,
explained in Baker v. Cincinnati, supra.
Where the cost of a street improvement, by the ordinance directing the same to be assessed upon the
abutting property, is in proportion to frontage, the rate of assessment must be uniform upon all the property
assessed: Jaeger et al. v. Burr, 36 O. S. 164.
2269 as to the average depth of lots has no application to an assessment under this section: Locke et al.
v. Cincinnati, 2 O. D. 549.
When a special act for village improvements provides that assessments are to be made as provided by
the laws of the state, and further provides that the assessment shall be certified to the auditor and collected
as other taxes, the statute provides for the collection of the whole assessment and the property is liable for
the whole: Birdseye et al. v. Clyde et al., 14 C. C. 510.
An acceptance in good faith by the city council of the street improvement is not conclusive, when in an
action by the owner assessed it is shown that the improvement was not made according to contract and
specifications, and was never accepted by the supervising board appointed under 2306: Hartzell et al. v.
Alliance, Supreme Court without report, 39 W. L. B. 232.
The court may reduce the assessment to the real value of the improvement: Id.
That the property owner paid part of the assessment installments does not prevent him from pleading
the facts stated in a suit on the assessment, he having frequently protested against the manner of doing the
work, and the city having issued its bonds for the work prior to the construction of the improvement: Id.
Ás to mere silence on the part of the property owner estopping him from questioning an assessment:
Andrew et al. v. Settle et al., 6 O. D. 160.
Where an assessment is larger than that allowed by law, and an amount equal to, or more than can
legally be assessed is paid voluntarily, an injunction will lie to prevent the collection of the remainder of
the assessment: Cincinnati v. James et al., 55 O. S. 180.
When the rate of the preliminary assessment is raised by reducing the foot frontage the street assess-
ments are valid: Schott et al. v. Cincinnati, 3 N. P. 311; 3 O. D. 87.
The abutting owner's assessment will not be reduced because, subsequent to the improvement, part of
such property assessed was dedicated to the city for street purposes: Wilson v. Cincinnati et al., 5 N. P. 70.
In no event can the property be assessed for more than its ratable share of the actual cost and expense of
the improvement; and not even the full amount of such proportion, if that exceeds the limits of 22 2270 and
2271: Pike v. Cummings, 36 O. S. 213.
When the assessment for a street improvement is payable in annual installments, some of which have
been paid and others remaining unpaid, and it appears that those paid were in excess of the rate limited by
law, such excess should be deducted from subsequent installments, not ratably, but in the order in which
they mature: Ib.
When such subsequent installments remain unpaid, the same being excessive, no penalty for the non-
payment attaches: Ib.
A taxing district is essential to a valid local assessment; and the statute confining it to "lots and lands
that are contiguous and adjacent to" and "those that abut upon the improvement," and the various provis-
ions of the Municipal Code of 1869, now 88 2277, 2282, Revised Statutes, and 2539 (70 v. 127), 88 2262, 2266,
??
Revised Statutes, provided for a taxing district, and do not conflict with 2 6, Art. XIII, of the Constitution:
8
Raymond v. Cleveland, 42 O. S. 522.
Where the contractor applies to his own use materials used in a former improvement, the value of such
materials should be deducted from the assessment. Where further expense is necessary to make the improve-
ment a good job, it may be authorized, although not provided for in ordinances, notices or contract. Where
the contractor warrants the improvement for a certain time, the expense of necessary repairs within that
time should be deducted from the assessment. Where the improvement was to be made with patent pave-
ment, of which the city had acquired the right to permit successful bidder to use, no objection to assessment:
Hastings v. Columbus, 42 O. S. 585.
Cited in Lima v. Cemetery Association, 42 O. S. 128.
Where the cost of an improvement which included the cost of a culvert was assessed upon the lots
bounding and abutting thereon, an additional assessment for a new culvert is not authorized by law.
Spangler v. Cleveland, 35 O. S. 469, approved: Watterson v. Bradley, 43 O. S. 456.
See note to Cincinnati v. Seasongood, 46 O. S. 296, under 2 2293.
Under this section municipal corporations have the authority to improve streets therein by grading and
bowldering, and assess the expense upon the abutting lots and lands: Jessing v. Columbus, 1 C. C. 90.
See note to Ehni v. City of Columbus, 3 C. C. 493, under ? 2269.
Requirement that council shall determine in advance what part of cost of a street improvement shall
be assessed upon abutting property, is a condition precedent to exercise of the power to assess, and where the
declaration of council is such as to exclude a particular item of the cost of the improvement from the assess-
ment, a subsequent assessment including such item is to that extent invalid: Knorr v. City of Cincinnati
(Cin. Sup. Court, Gen. Term), 21 W. L. B. 297.
A slipping of the street constructed is no defense to the assessment: Schroder v. Overman et al., 6 O. D.
133.
A failure to make a street is a defense if true: Id.
Unless the failure to assess all abutting lots increases an abutting owner's assessment his complaint can
not be heard: Wilson v. Cincinnati et al., 5 N. P. 68.
The burden as a general tax-payer being thereby increased, the remedy is to enjoin the levy of increased
taxes because of such failure: Id.
See note to Cincinnati et al. v. Emerson, 57 O. S. 132, under Subdivision I, assessments in general.
The rule requiring the reading of ordinances providing for street improvements to be read a second and
third time, as well as on different days, may be suspended: Schroder v. Overman et al., 6 O. D. 133.
Section cited Findlay v. Frey, 51 O. S. 390, 400; Caldwell v. Carthage, 49 O. S. 334, 346; Rhoades v. Toledo,
6 C. C. 9, 15.
As to when the assessment will be deemed to be by the front foot under this section: Cincinnati v.
Batsche, 52 O. S. 324.
The cost of aquiring the pike may be assessed on abutting property: Winslow v. Cincinnati, 10 C. C. 191.
This section does not authorize an assessment on one side of the street only: Klein v. Cincinnati, 7 C. C.
266, 267; Council cannot delegate the making of the assessment to a committee; Brewer v. Bowling Green, 7
C. C. 489.
•
1091
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§§ 2264a-22646.
Sewers are street improvements and the assessment may be on the installment plan: Nitzel v. St. Ber-
nard, 3 N. P. 317; 3 0. D. 703.
"}
The words " front foot must be interpreted by their popular meaning: Betz v. Canton, 3 O. D. 666.
See note to Fremont v. Hayes et al., 4 N. P. 379, under 2265.
Corner lot improved on the lengthwise side is assessable on the front foot only by the narrow frontage,
unless the architectural front is on the long side: Haviland v. Columbus, 50 O. S. 471.
For other corner lot decisions, see Toledo v. Sheill, 53 O. S. 447; Sandrock v. Columbus, 51 O. S. 317;
Baker v. Schott, 10 C. C. 81; Rooney v. Toledo, 9 C. C. 267; Gibson v. Cincinnati, 9 C. C. 243; 3 O. D. 90; Barney
v. Dayton, 8 C. C. 480; Schmidt v. Cincinnati, 1 N. P. 48; 10. D. 66: Borrgreve v. Cincinnati, 1 N. P. 80; 10. D. 88;
Wehage v. Cincinnati, 1 N. P. 82; 1 O. D. 79; Thompkins v. Norwood, 1 N. P. 83; 1 O. D. 51; Betz v. Canton,
32 Bull. 92; Clements v. Norwood, 32 B. 201; Rademacher v. Cincinnati, 21 Bull. 244; Reed v. Cincinnati, 31
Bull. 279; Mathews v. Cincinnati, 16 Bull. 249; Calkins v. Toledo, 12 C. C. 202; 5 O. D. 230.
As to irregular lot, see Locke et al. v. Cincinnati, 2 O. D. 549.
In determining a corner lot assessment the permanent improvement and use of the lot must be con-
sidered; Borrgreve v. Cincinnati, 1 O. D. 88; 1 N. P. 80.
Where a corner lot has on the lengthwise side, gates for the purpose of ingress and egress and a pathway
therefor, such a lot fronts on both streets: Shattuck v. Cincinnati et al., 4 O. D. 100.
An ordinance sufficiently specifies the lots and lands to be assessed by referring to a resolution contain-
ing them: Wilson v. Cincinnati, 5 N. P. 68.
SEC. 2264a. [Special assessments in Cleveland and other Cuyahoga
corporations; installments; limitations as to lots and lands.] In cases
provided for in section 2263 and in cases where an improvement of any kind
is made within cities of the second grade of the first class, and in corporations
in counties containing a city of the second grade of the first class, of an existing
street, alley, avenue, navigable watercourse or other public highway, and
whenever any street, alley, avenue, navigable watercourse or other public high-
way is opened, extended, straightened, widened or improved, the council of
such cities or corporations may decline to assess the cost and expenses men-
tioned in section 2263, or any part thereof, or the cost or expenses of any part
thereof of such improvement, except as hereinafter mentioned, on the general
tax list, in which event such costs and expenses, or any part thereof, which
may not be so assessed on the general tax list, shall be assessed by the council
of such cities on the abutting and such adjacent and contiguous or other bene-
fited lots and lands in the corporation, either in proportion to the benefit which
may result from the improvement, or according to the value of the property
assessed, or by the foot front of the property bounding or abutting upon the
improvement as the council by ordinance, designating the territory to be as-
sessed may, determine before the improvement is made, and in the manner
and subject to the restrictions herein contained; and the assessment shall be
payable in one or more installments, and at such times as the council may
prescribe; provided that the tax or assessment specially levied or assessed upon
any lot or land for any improvement, shall not, except as provided in section
2272, exceed twenty-five per centum of the value of such lot or land, as de-
termined by the council in advance of the assessment or at the time of making
the same, which valuation shall not exceed a fair market value of such lot or
lands after the improvement is made, and the cost exceeding that per centum
shall be paid by the corporation out of its general revenue; and, except as
provided in section 2272, there shall not be collected of such assessment, in any
one year, more than one-tenth of such value of said property on which the
assessment was made; also, provided that the special assessment for the cost
and expense, or any part thereof, assessed on the abutting and such ad-
jacent and contiguous or other benefited lots and lands shall include of such
lots and lands only to a fair average depth of lots in the neighborhood, but
shall also include other lots and parts thereof and lands to such a depth; also,
provided, that nothing in this section contained shall apply to any improve
ment ordered, commenced or completed prior to the passage of this act. [92 v.
270; 89 v. 353.]
Assessments subject to provisions of 22 2263 and 2264a under act authorizing Cleveland
to issue bonds to change course of brooks, etc., 93 v. 530.
SEC. 2264b. [On what lands and by what rules in Cincinnati, Toledo
and Springfield.] In cities of the first and third grade of the first class, and
in cities of the second class, third grade a, in making assessments as provided
for in section 2264 of the Revised Statutes, said assessment may be made on
1092
SS 2265-2267.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
the abutting and such adjacent and contiguous or other benefited lots and
lands in the corporation, either in proportion to the benefits which may result
from the improvement, or according to the value of the property assessed, or by
the abutting foot of the property bounding and abutting the improvement, in
the manner and subject to the restrictions provided in said section 2264. [92
v. 23; 91 v. 377; 91 v. 21.]
See ? 2269.
SEC. 2265. [General assessment: how certified to auditor.] In the
cases provided for in sections twenty-two hundred and sixty-two and twenty-two
hundred and sixty-three, the clerk of the corporation shall certify the levy and
assessment to the auditor of the county, who shall place the same on the tax-
list against such taxable property, and the same shall be collected as other
taxes. [70 v. 127, § 539.]
When a street assessment becomes delinquent the municipality may proceed in its own name by an
action to collect the same, or it may certify the same to the county auditor, but after the assessment is thus
certified the municipality can no longer proceed by an action to collect in its own name: Fremont v. Hayes
et al., 4 N. P. 379.
SEC. 2266. [Exception as to platted lands.] Section twenty-two hundred
and sixty-four shall be subject to this further provision, that in cities which have
a platting commission, and in cities where the duties of such commission have
been devolved upon a board of public works, and wherein such commission
or board has platted, or may plat streets or highways, agreeably to the pro-
visions of this title, and the owner of any portion of the grounds so platted shall
have accepted such platting agreeably to the provisions of the twelfth chapter
of the eighth division of this title, as there or originally enacted, the property
upon any street or public way so platted and dedicated, shall not be assessed to
pay for the extension of such street or highway, or for opening the same
through other lands so platted but not dedicated.
platted but not dedicated. [70 v. 127, § 539.]
SEC. 2267. [When two-thirds vote requisite; Toledo.] No public
improvement the cost or part of cost of which is to be especially assessed on
the owner of adjacent property, and no order appointing assessors of damages,
or confirming their report, shall be made without the concurrence of the coun-
cil, and it shall be essential that two-thirds of the whole number of members
elected to the council concur, unless two-thirds of the owners to be charged,
petition in writing therefor; and in villages not situated in a county containing
a city of the first class, no special assessments shall be made except for side-
walks and gutters, and main or trunk line sewers, and such other sewers as are
provided with a good and sufficient outlet unless it first receives the assent in
writing, of a majority of the owners to be charged therewith. Provided that
in cities of the third grade of the first class no public improvements except
sidewalks and sewers the cost or part of the cost of which is to be assessed on
the owners of adjacent property shall be made until the majority of the owners
of the property to be assessed shall have petitioned to the common council
asking for said improvement, and a statement of title showing the existing
owners of said property shall have been filed with the city clerk, and until said
petition shall have been approved by the city solicitor and his certificate en-
dorsed thereon, the cost of procuring said statement to be taxed as part of the
cost of improvement against the property assessed therefor. [92 v. 340; 91 v.
426; 90 v. 172; 89 v. 390; 70 v. 63, § 540; 76 v. 28, § 6.]
For "an act to provide for street improvements in Ashtabula” (84 v. 91).
Section cited Parsons v. Columbus, 50 O. S. 460, 469.
The appointment of free-holders to report an estimated assessment is not within this section: Tyler v.
Columbus, 6 C. C. 224, 227.
An Act to provide for street improvements in certain villages.
SEC. 1. [Improvement of street in Ashtabula.] Be it enacted by the General Assembly of the State of Ohio, That
in incorporated villages having a population at the last federal census of not less than 4040, nor more than
4045, and incorporated villages that may hereafter at any federal census have a population of not less than
4040, nor more than 4045, a special assessment may be made without the written consent of a majority of the
owners of adjacent property, to be charged against said property as provided in section two thousand two̟
1093
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§§ 2268-2269.
hundred and sixty-seven, of the Revised Statutes of Ohio. whenever in the opinion of two-thirds of the council
it becomes necessary to bring to the established grade a portion not exceeding six hundred (600) feet in length
of any street, the balance of which shall already have been graded, provided the proceedings shall be in all
other respects the same as is now required by statute. [1887, March 16: 84 v. 91.]
Resolution awarding contract not within the section: Cincinnati v. Bickett, 26 O. S. 49.
A finding that two-thirds petitioned may be contradicted collaterally: Corry v. Gaynor, 22 O. 8. 584;
Anderson v. Commissioners, 12 O. S. 635; Hays v. Jones, Stephan v. Daniels, 27 O. S. 218, 527; Lima v. McBride,
34 O. S. 338-351. See, also, as relating to this section, Cincinnati v. Cincinnati, etc., Avenue Co., 26 O. S. 345;
Douglass v. Cincinnati, 29 O. S. 165.
When the improvement of a public road is petitioned for by the requisite number of land-owners, and
the improvement is found by the viewers to be a public necessity, the commissioners are not authorized to
cause part only of the improvement to be made, and to levy an assessment to pay for such part: Robinson v.
Logan, 31 O. S. 466.
Under this section, if two-thirds of the members elected to the council concur in the resolution, etc.,
and proceedings, no petition of the abutting property holders is necessary: Jessing v. Columbus, 1 C. C. 90.
SEC. 2268. [Assessment on owner of life estate.] When a special
assessment is made on real estate subject to a life estate, the assessment
shall be payable by the tenant for life; but upon application by the life tenant
to a court of competent jurisdiction, by action against the owner of the estate
in fee, such court may apportion the cost of the assessment between the life
tenant and the owner in fee, in proportion to the relative value of the improve-
ment to their estates, respectively, to be ascertained and determined by the
court on principles of equity. [67 v. 80, § 541.]
The rule of this section will be applied in a partition case and past payments rectified between the
parties: Ward v. Ward, 9 C. C. 454; 3 O. D. 123.
SEC. 2269. [Assessments by valuation.] In making special assess-
ments, according to valuation, the council shall be governed by the assessed
value of the lots, if the land is subdivided and the lots are numbered and re-
corded; but if the lots are not assessed for taxation, or if there is land not sub-
divided into lots, the council shall fix the value of the lots or the value of the
front of such land to the usual depth of lots, by the average of two blocks, one
of which shall be next adjoining on either side; and if there are no blocks so
adjoining, the council shall fix the value of the lots or lands to be assessed so
that it will be a fair average of the assessed value of other lots in the neigh-
borhood, and if in making a special assessment by the foot front, or in cities of
the first and third grade of the first class, or in cities of the second class, third
grade a, by the abutting foot, there is land bounding or abutting upon the im-
provement not subdivided into lots, the council shall fix the depth of such
lands so that it will be a fair average depth of the lots in the neighborhood,
which shall be subject to such assessment; and this section shall be applicable
to special assessments provided for in this chapter, excepting assessments ac-
cording to benefits. [92 v. 24; 91 v. 377; 91 v. 21; 86 v. 15; 84 v. 72; 81 v. 86;
77 v. 144; Rev. Stat. 1880; 66 v. 241, § 542.]
See ? 2264.
Repealed as to the Hamilton city paving act, see ? (2365—12).
Where the assessment was according to froutage, this section, in its original form, was, by construction,
held to require the same course to be pursued that is now in terms required: Cincinnati v. Oliver, 31 O. S.
371; Griswold v. Pelton, 34 O. S. 482.
Where property which is not subdivided into lots, and the usual depth of lots in the two adjoining
blocks was one hundred feet, it was the duty of the trustees, in assessing the property, to have limited the
assessment to a corresponding depth: State ex rel. v. Hoffman, 35 O. S. 441.
Where a municipal corporation, in exercising the power of assessment to pay for a public improvement,
levies the assessment upon property which was not subject to be charged therewith, and the property is
ordered by court to be sold to pay for the same, the legislature may relieve the property by requiring the
excessive amount to be paid by the corporation: Ib. 435.
The appropriation of land for the opening of a street by a municipal corporation through a parcel of
land which stands upon the tax duplicate as a single lot or parcel, severs the same into two lots or parcels
for the purposes of assessment, though it remains on the general tax duplicate as an entirety for purposes
of taxation: Spangler et al. v. City of Cleveland, 35 O. S. 469.
Spangler et al. v. City of Cleveland followed and approved in Younglove v. Hackman, 43 O. S. 69.
In determining whether a particular parcel of real estate island which is in bulk," within the mean-
ing of 542 of the Municipal Code of 1869, regard must be had not merely to a recorded plat of the town, but to
the size of lots generally in the municipal corporation. In other words, the phrase is relative in its charac-
ter: Springer v. Avondale, 35 O. S. 625.
Lot owners are liable according to the feet front assessable when the work was ordered and the assess-
ment made, and not according to the frontage as afterward reduced by appropriation: Spangler v. Cleve-
land, Ib. 473.
See note to Jaeger et al. v. Burr, 36 O. S. 164, under 2 2264.
1094
$2270.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
This section provides the course to be pursued in the making of a special assessment in the case of a
cemetery not assessed for taxation: Lima v. Cemetery Ass'n, 42 O. S. 128.
See note to Parmelee v. Youngstown, 43 O. S. 161, under 2270, Revised Statutes.
The rights and liabilities of abutting owners growing out of the special assessments for street improve-
ments, are fixed by the law existing when the improvement is ordered: Cincinnati v. Seasongood, 46 0. S. 296.
The extent to which a municipality may assess abutting property to pay for a street improvement, is to
be determined by the statutes in force when it declares the necessity for such improvement and prescribes
the mode of making the assessment: Ehni v. City of Columbus, 3 C. C. 494.
Section cited in Cincinnati v. Batsche, 52 O. S. 324, 341.
This applies only to assessments by frontage and its object is merely to fix the limits of the lien and not
the amount of assessment: Findlay v. Frey, 51 Ŏ. S. 390.
This section as to average depth of lots can not be considered in an assessment under ? 2264: Locke et
al. v. Cincinnati, 2 O. D. 549.
SEC. 2270. [Maximum of assessments in municipalities other than
cities of the first class and Hamilton and Cuyahoga county villages;
Defiance.] In municipal corporations other than cities of the first class, or in
incorporated villages in counties containing a city of the first or second grade
of the first class, the tax or assessment specially levied and assessed on any lot
or land, for any improvement, shall, in no case, except as hereinafter provided,
and except also as provided in section 2272, amount to more than twenty-five
per centum of the value of the property, as assessed for taxation, and the cost
exceeding that per centum shall be paid by the corporation out of its general
revenue; and, except as hereinafter provided, and except also as provided in
section 2272 there shall not be collected of such assessment in any one year,
more than one-fifteenth of the value of the property on which the assessment
is made as valued on the tax list for taxation. Provided, however, that in all
cases where the council of any city of the fourth grade of the second class
having by the federal census of 1890 or at any subsequent federal census a
population of not less than seven thousand six hundred and ninety (7,690)
nor more than seven thousand seven hundred (7,700), shall, under the pro-
visions of section 2264, assess one-third of the costs and expenses of any
improvement on the general tax duplicate of such city, and two-thirds of such
costs and expenses against the bounding and abutting lots and lands, such
assessment shall be made without reference to the value of such bounding and
abutting lots and lands, whether subdivided or otherwise; but in no such case
shall the total amount assessed against any such bounding and abutting lots
and lands exceed two dollars and twenty-five cents ($2.25) per front foot, and all
excess of said proportion of any such improvement over and above said sum
of two dollars and twenty-five cents per front foot as aforesaid shall, together
with said one-third part of the total cost and expenses of such improvement,
be assessed on the general tax duplicate of such corporation as aforesaid; pro-
vided further, that not more than one-tenth of the amount so assessed against
any such lot or lands shall be collected in any one year, and in all cases where
the council of any such city of the fourth grade of the second class shall pro-
vide for the payment of the costs and expenses of any such improvement in
the manner aforesaid the proportion thereof to be assessed on the general tax
duplicate of such city as well as the proportion assessed or ordered to be
assessed against the bounding and abutting lots and lands may be anticipated
and the bonds of such city issued and sold therefor, and when any such bonds.
shall be issued and sold such city may levy whatever rate of taxes may be
necessary in addition to the taxes authorized by law for all other purposes for
the purpose of providing for the payment of the proportion of any such assess-
ment assessed upon the general duplicate of such city as aforesaid and all accru-
ing interest thereon. [91 v. 424; 90 v. 356; 82 v. 155; Rev. Stat. 1880; 73 v.
171, § 543; 73 v. 222, § 648.]
Section 10 of an act passed 1889, April 13 (86 v. 279), entitled "an act to provide for the improve-
ment of streets and alleys in cities having a population of 12,258 at the census of 1880." is as follows:
"SEC. 10. [Exception.] Section 2270 of the Revised Statutes of Ohio, as amended April 25, 1885 (82, p. 155),
shall not apply to any improvement ordained to be made under this act, provided that said improvement
shall be made by a concurrence of two-thirds of the members clected to the city council.'
Repealed as to the Hamilton city paving act, see ? (2665—12).
See notes under ? 2283.
1095
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§§ 2270a-2270e.
The improvements on the land must be included in determining its value: Findlay v. Frey, 51 O. S. 390.
The tax valuation meant hereby is the decennial appraisement in force at the date of the ordinance
ordering the improvement: Crossley v. Findlay, 10 C. C. 286; 3 O. D. 317.
Each lot or parcel of land abutting upon an 'improved street is separately liable for the amount assessed
upon it, provided the amount does not exceed the maximum allowed by law, and it is error to charge either
lot or parcel with the aggregate of the assessments: Corry v. Folz, O'Brien et al., 29 O. S. 320.
See note to Pike v. Cummings, 36 O. S. 213, under ? 2264.
A cemetery is liable for an assessment notwithstanding it is not assessed for taxation: Lima v. Cemetery
Ass'n, 42 O. S. 128.
Where there is benefited land not subdivided into lots, and the council has fixed the value of the front
of such land to the usual depth of lots adjoining, as therein provided for this assessment, such value is the
value of the property as assessed for taxation within the meaning of this assessment statute: Parmelee v.
Youngstown, 43 O. S. 162.
See, also, ? 2336 et seq.
This applies to sewer assessments: Cincinnati v. Connor, 55 O. S. 82 (affirming, 5 O. D. 199; 11 C. C. 336.)
SEC. 2270a. [Maximum in Bucyrus.] That in any municipal corpora-
tion in this state, having by the federal census of 1890, or that may by any
subsequent federal census have a population of not less than 5,970 nor more
than 5,980, notwithstanding the provisions of said section 2270, the assessment
or tax specially levied, mentioned in said section 2270, and for the purpose
therein named, may be an amount not to exceed fifty per centum of the value
as assessed for taxation of and upon any lots or lands in any such cities, on
which there are no buildings; and on either side of which along the line of the
improvement, either mediately or immediately, the lots and lands or a part
thereof have been improved. [88 v. 425.]
SEC. 2270b. [Maximum on vacant lots in North Baltimore.] That in
any municipal corporation in this state, having by the federal census of 1890,
or that may by any subsequent federal census have a population of not less
than 2,857 nor more than 2,870, notwithstanding the provisions of said section
2270, the assessment or tax specially levied, mentioned in said section 2270,
and for the purpose therein named, may be an amount not to exceed fifty per
centum of the value as assessed for taxation of and upon any lots or lands in
any such cities, on which there are no buildings; and on either side of which
along the line of the improvement, either mediately or immediately, the lots
and lands or a part thereof have been improved. [88 v. 562.]
SEC. 2270c. [Maximum on vacant lots in Fostoria.] That in any
municipal corporation in this state, having by the federal census of 1890, or
that may by any subsequent federal census, have a population of not less than
7,065, nor more than 7,075, notwithstanding the provisions of said section 2270,
the assessment or tax specially levied, mentioned in said section 2270, and for
the purpose therein named, may be an amount not to exceed fifty per centum
of the value as assessed for taxation of and upon any lots or lands in any such
cities, on which there are no buildings, and on either side of which, along the
line of the improvement, either mediately or immediately, the lots and lands
or a part thereof have been improved. [90 v. 297.]
SEC. 2270d. [Maximum in Marion.] That in any city of the fourth
grade of the second class in this state, which at the last federal census had a
population of 8,327, or which at any subsequent federal census may have a
population not less than 8,317, notwithstanding the provisions of said section,
the assessment or tax specially levied, mentioned in said section 2270, and for
the purpose therein named, may be an amount not to exceed fifty per centum
of the value as assessed for taxation of and upon any lots or lands in any such
city, and on either side of which along the line of the improvement, either
mediately or immediately, the lots and lands or a part thereof have been im-
proved. [91 v. 194.]
SEC. 2270e. [Maximum in Elmore.] That in any village in the state
which at the last federal census had a population of not exceeding 1,200 nor
less than 1,195, or which at any subsequent federal census may have a popula
tion not less than 1,195 or exceeding 1,200, notwithstanding the provisions of
said section, the assessment or tax specially levied, mentioned in said section
1096
§§ 2270f-2271.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
2270, and for the purpose therein named, may be an amount not to exceed
fifty per centum of the value as assessed for taxation of and upon any lots or
lands in any such city, and on either side of which along the line of the im-
provement, either mediately or immediately, the lots and lands or a part thereof
have been improved. [91 v. 342.]
SEC. 2270f. [Value of lots; how ascertained in Lorain.] That in any
city whose population has doubled during the present decennial period or may
double during any subsequent decennial period, the council, on being peti-
tioned by the owners of two-thirds of feet front of all lots or land abutting on
any street or public way, to have said lots or land appraised for the purpose of
levying a tax to pave, macadamize or curb such street or public way, shall be
authorized to appoint three disinterested freeholders to appraise the value of
such lots and lands, who after being sworn, upon actual view of the premises,
shall appraise the true value thereof in money, including all permanent im-
provements. The council may correct all inequalities or errors in said appraise-
ment; when the council shall have confirmed such appraisement it shall be
the value to be assessed for the purpose of paving, macadamizing and curbing
instead of "the value of the property as assessed for taxation "as provided for
in section 2270; but in all other respects the assessment shall be in conformity
to the provisions of said section 2270. [92 v. 286.]
SEC. 2271. [Limitation of assessments in certain cities; Cincinnati;
Toledo.] In cities of the first grade of the first class, and in corporations in
counties containing a city of the first grade of the first class, the tax or assess-
ment specifically levied or assessed upon any lot or land for any improvement,
shall not, except as provided in section 2272, exceed twenty-five per centum
of the value of such lot or land after the improvement is made, and the cost
exceeding that per centum shall be paid by the corporation out of its general
revenue; and, except as provided in section 2272, there shall not be collected
of such assessment in any one year, more than one-tenth of such value of the
property on which the assessment is made; and in cities of the third grade,
first class, the tax or assessment specially levied or assessed upon any lot or
land for any improvement, shall not, except as provided in section 2272, ex-
ceed twenty-five per centum of the value of such lot or land, as determined
by the council in advance of the assessment or at the time of making the
same, which valuation shall not exceed a fair market value of such lot or
lands after the improvement is made, and the cost exceeding that per centum
shall be paid by the corporation out of its general revenue; and, except as
provided in section 2272, there shall not be collected of such assessment in
any one year, more than one-tenth of such value, of the property on which
the assessment is made; and whenever any street or avenue is opened,
extended, straightened or widened, the special assessment for the cost and ex-
pense, or any part thereof, shall be assessed only on the lots and lands bound-
ing and abutting on such part of such street or avenue so improved, and shall
include of such lots and lands only to a fair average depth of lots in the
neighborhood, but shall also include other lots and parts thereof and lands to
such depth; and whenever at least one-half in width of any street or avenue
has been dedicated to such purpose from the lots and lands lying on one side
of the line of such street or avenue, and such street or avenue is widened by
taking from the lots and lands on the other side thereof, no part of the cost
and expense thus incurred shall be assessed on the lots and lands lying on
said first mentioned side, but only upon the other side, and as aforesaid, but
said special assessment shall not be in any case in excess of benefits; provided,
that in any case in which a street or avenue is opened, extended, straightened
or widened, a part of the cost and expense thereof, not in excess of benefits,
may be assessed upon the lots and lands bounding and abutting on any such
other part, or said "first mentioned side" of such street or avenue, or of any
1097
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ 2272.
intersecting street or avenue, as the owners of a majority of the feet front
thereof have petitioned for such improvement and consented in such petitions.
to be so assessed; also provided, that nothing in this section contained shall
apply to any improvement ordered commenced or completed prior to the passage
of this act. [92 v. 271; 91 v. 427; 90 v. 357; 89 v. 328; 88 v. 436; 86 v. 197;
85 v. 339; 82 v. 260; 81 v. 86; 77 v. 280; Rev. Stat. 1880; 73 v. 171, § 543.]
For "an act to provide for the payment of the amounts of assessments in excess of
twenty-five per cent. of the value of the lots or lands assessed for an improvement in cities
of the first grade of the first class" (76 v. 114), and the act supplementary thereto (77 v.
101), see ?? (2300-1) and (2300--2) et seq.
As to aggregating two assessments, see ? 2283.
The law can not be changed to the injury of a contractor: Goodale v. Fennell, 27 O. S. 426.
The per centum limitations are to be ascertained by the actual value of the benefited property at the
time and in view of the appropriation: Chamberlain v. Cleveland, 34 O. S. 551.
See note to Pike v. Cummings, 36 O. S. 213, under ? 2264.
Council need not at the time of assessment fix the depth of lots to be assessed: Wilson v. Cincinnati et
al., 5 N. P. 68.
Two assessments for separate improvements on the same street, as paving and sidewalk, cannot be added
together to determine whether the 25 per cent. limit applies: 2283 applies only to improvements on inter-
secting streets and hence one improvement on one side of a corner lot and 2 improvements on the other side,
all within 5 years, must not aggregate over 25 per cent.: Hunt v. Hunter, 14 C. Č. 503; 7 O. D. 495.
This section applies to sidewalks: Id.
Paving street and laying stone sidewalk within two years can not be added together to determine the
twenty-five per cent. limit: Cole v. Hunter, 5 N. P. 13.
Section construed in Huntington v. Cincinnati, 2 N. P. 35; 3 0. D. 126.
Sewer assessments are governed by this section, as well as by 2 2384, and this section is valid: Cincinnati
v. Connor, 55 O. S. 82; 11 C. C. 336; 5 O. D. 199.
Only permits assessing the entire cost on the side refusing to dedicate where half the entire width is
dedicated and not where a strip to widen is dedicated: Huntington v. Cincinnati, 2 N. P. 35; 3 O. D. 126.
The assessment beyond one-tenth is only invalid as to its collection in one year and not to the assess-
ment itself: Cincinnati v. Kennedy et al., 5 N. P. 222.
The excess is collectable in any future year, provided that the amount collected each year does not ex-
ceed one-tenth of the value of the property: Id.
SEC. 2272. [Such restrictions in certain municipalities when three-
fourths in interest petition; who shall petition for persons under disabili-
ties; lien in Toledo.] In cities of the first grade of the first class when a peti-
tion subscribed by any owner or owners of property abutting upon any street
or highway, of any description, between designated points, is presented to the
board of administration for the purpose, and in other cities of the first class or
in corporations in counties containing a city of the first or the second grade of
the first class, when a petition subscribed by three-fourths in interest of the
owners of property abutting upon any street or highway of any description be-
tween designated points, is regularly presented to the council for the purpose,
the cost of any improvement of such street or highway may be assessed and
collected in equal annual installments, proportioned to the whole assessment,
in a manner to be indicated in the petition, or if not so indicated, then in the
manner which may be fixed by council; and the interest on any bonds issued
by the corporation for the improvements, together with the annual install-
ments herein provided for, shall be assessed upon the property so improved;
but when the lot or land of one who did not subscribe the petition is assessed,
such assessment shall not exceed twenty-five per centum of the value of his lot
or land after the improvement is made; provided, that whenever in this title
the petition of the owners of property is required, a married woman shall have
the same authority to sign that she would have if unmarried: and the guar-
dians of infants or insane persons may sign such petition on behalf of their
wards only when expressly authorized by the probate court on good cause
shown. Provided, that in cities of the third grade of the first class when a
petition has been regularly presented to the council, asking for the improve-
ment of a street or alley, and the lot or land of one who subscribed said peti-
tion is assessed, said assessment shall be a valid lien against said lot or land
for the full amount of said assessment, although it may exceed said twenty-
1098
§§ 2273-2274.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
five per centum of the value thereof. [91 v. 428; 90 v. 163; 82 v. 155; Rev.
Stat. 1880; 73 v. 171, § 543.]
Repealed as to the Hamilton city paving act, see? (2365—12).
Where a signer of the petition states therein his number of feet front, that the council may be in-
formed, he is estopped, after the work is done, to say that he has a less assessable frontage: Cincinnati v.
Manss, 54 O. S. 257 reversing 10 C. C. 549; 3 O. D. 715.
But stating the number of feet abutting on a side street is not an admission that that is the assessable
frontage on that street: Baker v. Schott, 10 Č. C. 81; Rooney v. Toledo, 9 C. C. 267.
If the feet signed for do not aggregate three-fourths, an owner who has exaggerated his frontage is not
estopped to resist assessment on such erroneous front: Storer v. Cincinnati, 4 C. C. 279; Baker v. Schott, 10
C. C. 81.
Leaving the petition at the office of the board may be a sufficient filing: Squier v. Cincinnati, 5 C. C. 400.
When two petitions, which together make the required three-fourths in interest, ask for substantially
the same improvement, but do not concur as to some subordinate requirements, the provisions of the statute
as to three-fourths petitioning are complied with: Wamelink v. City of Cleveland, 40 O. S. 381, 386.
What is substantially the same improvement: Ib. 381.
Jurisdiction of city is acquired on presentation of petition, and if property owner who has signed it is
then the owner, the fact that he afterwards conveyed the property away does not take away that jurisdiction:
Laird v. City of Cincinnati (Ham. Dist. Court), 5 W. L. B. 903.
The "three-fourths in interest" is determined by the abutting feet and not by the feet assessable:
Mocker et al. v. Cincinnati, 5 N. P. 242; 4 O. D. 161.
That an owner signed a petition to improve and requested the authorities to act upon it, does not pre-
vent him from claiming an advantage of the construction by the courts of the statutes as to assessing corner
lots: Locke et al. v. Cincinnati, 2 O. D. 549.
By petitioning for an improvement the property owner is not estopped from having the statutes as to
assessments construed: Baker v. Schott, Treas., 10. D. 409.
A petition for improvement becomes absolute when the authorities act upon it: Cobb, trustee v. Audi-
tor, 5 N. P. 123.
The burden is in the authorities to show that the requisite number of feet front was attached to the
petition at such time: Id.
Right of trustee, surviving partner and agent to sign: Id.
Cited Cincinnati v. Connor, 55 O. S. 87.
When a lessee signs a petition to improve a street and then forfeits his lease, the lessor again being in
possession, the lessor is bound only for twenty-five per cent. of the value of lot: Kemper v. St. Bernard et
al., 14 C. C. 134; 7 O. D. 617.
Beyond the twenty-five per cent. the lessee binds only his own interest: Id.
SEC. 2273. [Municipality to pay portion of cost of improvement;
costs to constitute part of maximum levy.] In all cities except those of the
third grade of the first class and those of the first grade of the second class,
the corporation shall pay such part of the cost and expense of each improve-
ment as to the council may seem equitable and just, which part shall not be
less than one-fiftieth of all such costs and expenses, and the same shall be cer-
tified by the corporation clerk to the county auditor and levied on all taxable
property in the corporation, and collected as other taxes; provided, that any
and all certifications to the auditor under this section of the one-fiftieth or
more, if ordered by the corporation authorities, and also the certification for
the crossings and intersections, as provided for in section 2274, shall be a part
of the maximum levy authorized under section 2689a of the Revised Statutes;
and provided further, when such certification is made it shall be considered as
money in the treasury in compliance with section 2702. [93 v. 101; 73 v. 24,
§§ 171, 247, 543, 581, 590; 76 v. 146, § 1.]
For modification of this section, see ? 2293.
Repealed as to city of Hamilton, see ? (2365—12).
SEC. 2274. [As to intersections.] That when the council of a city, ex-
cept in cities of the first grade of the first class, and in cities of the first grade
of the second class, determines to grade, pave, sewer, or otherwise improve a
street, alley, or other public highway, and the improvement crosses or inter-
sects another street, alley, or public highway, the council shall levy and assess
a tax, in addition to that specified in the last section, upon the general tax list
of all the taxable real and personal property in the corporation, for the esti-
mated cost and expense of so much of the improvement as may be included in
the crossing or intersection of such street, alley, or highway, which amount the
corporation clerk shall certify to the county auditor, and the same shall be en-
forced against such real and personal property as other taxes are enforced and
collected; and such amount may be so certified, and such levy made, after the
contract is let, or said improvement completed, and the provisions hereof shall
1099
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§§ 2275-2275c.
apply to improvements already determined upon or ordered and for the pay-
ment of which special assessments have not been made. [87 v. 44; 86 v.
Rev. Stat. 1880; 73 v. 24, §§ 171, 247, 543, 581, 591; 76 v. 146, § 1.]
119;
For modification of this section, see ? 2293; as to Hamilton paving act, see ? (2365-12).
Toledo authorized to issue bonds to pay for improving intersections, 87 v. 344.
Damages awarded, as well as other expenses, must be assessed on city property, and whether such
property is an intersection or a market space: Dick v. Toledo, 11 C. C. 349. 5 O. D. 157.
Former rule as to assessments with respect to intersections: Creighton v. Scott, 14 O. S. 438.
SEC. 2275. [Intersections and other property in Cincinnati and Toledo ;
bonds; § 2702 not applicable.] For the purposes of assessment, a city of
the first grade and a city of the third grade of the first class shall in all cases be
considered a property owner as to intersections, and any other property be-
longing to the corporation abutting on the street or highway so improved; and
the assessment chargeable to the corporation, together with at least one-fiftieth
part of all costs and expenses, as provided for in section 2273, may be included
in any bonds issued for the improvement, and be paid by it in like manner as
by other property owners; and it shall not be necessary, before the making of
improvements or acquiring of property by condemnation in such cities, when
the cost of such improvement or condemnation is to be collected by assessment
upon abutting property, that the auditor shall certify as required by section
2699 and section 2702 of the Revised Statutes, that the money is in the treasury
to meet that part of the cost which is herein provided shall be chargeable
against such city; nor shall such auditor's certificate be required when the
cost of property appropriated by such city is to be paid for by the city until
after the amount of compensation to be paid for such property has been fixed by
judicial proceedings and until before the final passage of the ordinance provid-
ing for the payment of such compensation. 189 v. 81; 73 v. 24, §§ 171, 247,
543, 581, 591; 76 v. 146, § 1.]
See also 2264.
SEC. 2275a. [Assessments upon municipal and school property in
Hamilton county municipalities.] In cities of the first grade of the first
class, and in corporations in counties containing a city of the first grade of the
first class, each department of the municipal government having charge or
control of any property assessed for the improvement of any street or highway,
or for the construction of sewers, or for the construction or repairs of sidewalks,
or for the cost and expense of laying or extending water-mains, shall pay all
such assessments out of the moneys appropriated for the use of such depart-
ment; and any board of education of any school district having charge or con-
trol of any school property within such municipal corporation assessed for any
such improvements or repairs, shall in like manner, out of its funds, pay all
such assessments. [91 v. 231; 90 v. 164.]
Held unconstitutional as to school property by Superior Court of Cincinnati: Board of Education v.
Auditor, 35 Bull. 294, editorial.
There is no sec. 2275b.
SEC. 2275c. [Intersections and municipal property of Defiance.] The
provisions of section 2275 shall be fully applicable to all cities of the fourth
grade of the second class, which on the first day of July, A. D., 1890, had, and
those which on the first day of July in any year have, when ascertained in the
way mentioned in section 1547 of said Revised Statutes, more than seven thou-
sand six hundred and ninety, and less than eight thousand two hundred in-
habitants, for the purposes of said assessments for any improvements enumer-
ated in this chapter which are either completed, already determined or ordered, or
may hereinafter be made; provided, further that for the payment of said bonds or
said assessments therein mentioned, the council of said cities may levy a further
tax in addition to the amount authorized in section 2689a, upon all the taxa-
ble, real and personal property within said corporations as provided in section
2691, every year during the period said bonds or said assessments may have to
1100
§§ 2276-2279.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
run, sufficient in amount each year to pay the bonds or assessments falling
due within the year, and accruing interest thereon. [91 v. 335.]
SEC. 2276. [Assessment on property of the corporation; proviso.]
When the whole or any portion of an improvement authorized by this title
passes by or through a public wharf, market-space, park, cemetery, structure
for the fire-department, water-works, school-building, infirmary, market build-
ing, work-house, hospital, house of refuge, gas-works, public prison, or any
other public structure or public grounds within and belonging to the corpora-
tion, the council may authorize the proper proportion of the estimated costs
and expenses of the improvement to be certified by the clerk of the corpora-
tion to the county auditor and entered upon the tax list of all the taxable
real and personal property in the corporation, and the same shall be collected.
as other taxes; provided, that in cities of the second and third grade of the
first class, and cities of the first grade of the second class, the special assess-
ments for such improvements shall be paid from the fund of the department
controlling the property, through or by which the improvement passes. [90
v. 339; 90 v. 23; 90 v. 19; 86 v. 347; Rev. Stat. 1880; 66 v. 248, § 582.]
The act of 1889, April 15, fails to repeal in express terms? 2276 of the Revised Stat-
utes, from which it differs by containing the proviso in the last part of it.
See note to ? 2274.
School property is not liable to street assessments: Toledo v. Board of Education, 48 O. S. 83; nor for
sidewalks: Board of Education v. Toledo, 48 O. S. 87.
SEC. 2277. [Estimate of assessments; Cleveland.] In cases wherein
it is determined to assess the whole or any part of the cost of an improvement
upon the lots or lands bounding or abutting upon the same, or upon other lots
or lands benefited thereby, as provided in section twenty-two hundred and
sixty-four, the council may require the board of improvements, board of con-
trol, or board of public works, as the case may be, or may appoint three dis-
interested freeholders of the corporation or vicinity, to report to the council an
estimated assessment of such cost on the lots or lands to be charged therewith,
in proportion, as nearly as may be, to the benefits which may result from the
improvement to the several lots or parcels of land so assessed, a copy of which
assessment shall be filed in the office of the clerk of the corporation for public
inspection; provided that in cities of the second grade of the first class said
estimated assessment shall show in separate columns, the board's estimate: 1st,
of the value of the respective lots or lands after the improvement is made;
2d, of the benefit conferred by the improvement; and 3d, of the amount of
tax assessed. [89 v. 329; 66 v. 248, § 584.]
See, as to the course under the former statutes, Krumberg v. Cincinnati, 29 O. S. 69: Meissner v. Toledo,
31 O. S. 387: Kelly v. Cleveland, Chamberlain v. Cleveland, 34 O. S. 551. See, also, Glenn v. Waddel, 23
O. S. 605, 49 O. S. 348.
History of this section, see Cincinnati v. Batsche, 52 O. S. 324, 341.
This section must be read in connection with 2264 and the board of freeholders cannot be dispensed
with: Klein v. Cincinnati, 7 C. C. 266, 268.
Cited as to notice of assessment: Caldwell v. Carthage, 49 O. S 334, 348.
SEC. 2278. [Notice of assessment to be published.] Before adopting
the assessment so made, the council shall publish notice for three weeks con-
secutively, in some newspaper of general circulation in the corporation, that
such assessment has been made, and that the same is on file in the office of the
clerk for the inspection and examination of persons interested therein. [66 v.
248, § 585; (S. & S. 833).]
Compare authorities under ? 2304.
Under the act of February 21, 1866 (S. & S. 803), the publication is not a condition precedent to the
authority to make assessments in cases where damages consequent on the improvement âre not included
in the assessment: Finnell v. Kates, 19 O. S. 405.
SEC. 2279. [Objections to assessments to be filed.] If any person
objects to the assessment, he shall file his objections, in writing, with the clerk,
within two weeks after the expiration of the notice; and thereupon the coun-
1101
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§§ 2280-2284.
cil shall appoint three disinterested freeholders of the corporation to act as an
equalizing board. [66 v. 249, § 586; (S. & S. 833).]
SEC. 2280. [Equalization of assessments; Cleveland.] On a day ap-
pointed by the council for that purpose, the board, after taking an oath before
a proper officer, honestly and impartially to discharge their duties, shall hear
and determine all objections to the assessment, and equalize the same, as they
may think proper; which equalized assessment they shall report to the council,
which shall have power to confirm the same, or set it aside, and cause a new
assessment to be made, and appoint a new equalizing board possessing the
same qualifications, which shall proceed in the manner above provided.
Provided, however, that in cities of the second grade of the first class said
equalizing board shall have power to report a reduction of the total assessment
and that said report shall show value, benefit, and tax in separate columns as
required for the original estimated assessment. [89 v. 330; 66 v. 249, § 587;
(S. & S. 833).]
Cited Cincinnati v. Connor, 55 O. S. 88.
SEC. 2281. [Confirmed assessment final; Cleveland.] When the as-
sessment is confirmed by the council it shall be complete and final; provided,
that in cities of the second grade of the first class it shall be complete and
final as to value, benefit, and tax assessed. [89 v. 330; 66 v. 249, § 588.]
SEC. 2282. [Concurrence of two-thirds requisite to appoint board.]
A concurrence of two-thirds of the members of the council shall be necessary
in appointing the equalizing board, and in confirming its assessment. [66 v.
249, § 589.]
See note to Marshall v. Wooster. Supreme Court without report, 38 W. I B. 170, under ? 2295.
SEC. 2283. [Double assessment; benefits to be regarded.] Special
assessments, whether by the feet front or otherwise, shall be so restricted that
the same territory shall not be assessed for making two different streets or ave-
nues, within a period of five years, in such amounts that the maximum assess-
ment herein provided will be thereby exceeded; and so far as practicable under
the provisions of this title, regard must be had, in making special assessments,
to the probable benefits to the property assessed. [(75 v. 318, § 22).]
Repealed as to Hamilton city paving act, see ? (2365—12.)
See note to Wewell v. Cincinnati, 45 O. S. 407, under 2 2380,
Cited in Findlay v. Frey, 51 O. S. 390, 400.
The maximum referred to is that fixed by 3 2270. Sections 2270 to 2272 do not apply to the paving act of
1887 (84 L. 176), nor to 2304: Cherington v. Columbus, 50 O. S. 475.
If two improvements of the same street are complements of each other to evade the limitation the ex-
cess is void but not if they are independent: Hunt v. Hunter, 11 C. C. 69; 5 O. D. 90.
Two streets improved and exceed twenty-five per cent., the lot-owner can not resist the first if he has
paid the last, for the last alone is fillegal: Brooks v. Norwood, 1 0. D. 194; 12 C. C. 257.
Making a street and constructing a sewer at the same time are not the same improvement, and are not
to be added together to determine the twenty-five per cent. limit: Cincinnati v. Fugman, 5 N. P. 14.
Two assessments for separate improvements on the same street, as paving and sidewalk, can not be added
together to determine whether the 25 per cent. limit applies.
22283 applies only to improvements on intersecting streets and hence one improvement on one side of a
corner lot and two improvements on the other side, all within 5 years, must not aggregate over 25 per cent.:
Hunt v. Hunter, 14 C. C. 503; 7 O. D. 495.
This section applies to sidewalks: Id.
SEC. 2284. [Cost of any improvement shall include what.] The cost
of any improvement contemplated in this chapter shall include the purchase.
money of real estate, or any interest therein, when the same has been acquired
by purchase, or the value thereof as found by the jury, where the same has
been appropriated, the costs and expenses of the proceeding, the damages
assessed in favor of any owner of adjoining lands and interest thereon, the
costs and expenses of the assessment, the expense of the preliminary and other
surveys, and of printing, publishing the notices and ordinances required,
including notice of assessment, and serving notices on property owners, the cost
of construction, interest on bonds, where bonds have been issued in anticipa-
1102
§§ 2285-2286.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
tion of the collection of assessments, and any other necessary expenditure.
[1886, May 15; 83 v. 171, 172; Rev. Stat. 1880; 66 v. 241, § 544.]
As to the constitutionality of this section, see Freeman v. Hunter, 7 C. C. 117, 126.
Under a former charter of Cincinnati a local assessment could not include the fees of the mayor or col-
lector: Jonas v. Cincinnati, 18 0. 318. Similar costs, and also attorney's fees, were collected under a provision
in the charter of Toledo: Butler v. Toledo, 5 O. S. 225. But such expense can not be included in a suit by the
contractor: Corry v. Gaynor, 22. O. S. 584, 597.
In Cleveland v. Wick (18 O. S. 303), it was held that where lands were taken for a street, other lands of the
owner might be assessed to pay the damages.
In Longworth v. Cincinnati (34 O. S. 101), it was held that the assessment might include the expense of a
wall only partly on the highway improved, the cost of lateral and cross drain pipes, and the compensation of
a superintendent of the work, but that it could not include compensation for services of salaried officers.
The cost of the surveying and engineering can not be included in the assessment where it is done by a
salaried officer of the municipality: Spangler v. Cleveland, 35 O. S. 470.
It is error to add to the cost of an improvement an estimated percentage to pay for collecting an assess-
ment based thereon: Ib. 472.
In making up the amount of the assessment, it is error to include the cost of repairs of a culvert made
after it was accepted: Spangler v. Cleveland, Ib. 469.
An improvement included the construction of a culvert for drainage, and the cost of the improvement
was assessed upon the lots bounding and abutting thereon. Afterwards the culvert broke down and a new
one was constructed: Held, that it was error to include in the assessment the cost of this new sewer: Watter-
son v. Bradley, 43 O. S. 456.
Sewer assessments are not only within the limitation as to the amount of assessment of this section but
also within that of 3 2271: Cincinnati v. Connor, 55 O. S. 82.
If two assessments appear to be for one improvement, one for taking the land and one for making the
street, the limit of 22271 will be applied: Strauss v. Cincinnati, 23 Bull. 359.
The sewer, when not a necessary part of the street improvement, must be separately assessed and not in-
cluded in the street assessment: Nitzél v. St. Bernard, 3 O. D. 703; 3 N. P. 317.
SEC. 2285. When payable; lien of; release of such lien.] Special
assessments shall be payable by the owners of the property assessed person-
ally, by the time stipulated in the ordinance providing for the same, and shall
be a lien from the date of the assessment upon the respective lots or parcels
of land assessed, and it shall be the duty of the city clerk, whenever pre-
sented with a receipt from the contractor, in whose favor an assessment is con-
firmed, or his assigns showing said assessment on any property for any im-
provement to have been paid, to at once record said fact upon the margin of
the record of said assessment, together with the date of such presentation, from
which time said property shall be released from the lien aforesaid. [90 v. 50;
66 v. 242, § 545.]
As to Toledo, see 22272.
It is not the object of the section to define the property liable to be assessed, but to prescribe the time
when the assessment becomes a lien on the property and a personal charge against the owner: Douglass v.
Cincinnati, 29 O. S. 165; Cincinnati v. Oliver, 31 ). S. 371.
A lessee for ten years is not an "owner" within the meaning of this section, so as to render him liable
to a personal judgment for an assessment. See note to ? 2393, citing Davis v. Cincinnati, 36 O. S. 24.
Hence the assessment is a lien superior to a mortgage or judgment of later date: Moerlein Brewing Co..
v. Westmeier, 4 C. C. 296; 6 Rec. 687; 3 Bull. 272.
A personal judgment is proper against those who were owners at the time of assessment: Toledo v.
Barnes, 8 C. C. 684, 687; 1 0. D. 29.
See note to Fremont v. Hayes et al., 4 N. P. 379, under ? 2265.
If the court reduces the assessment as exceeding twenty-five per cent. no penalty should be allowed:
*Cincinnati v. Fugman, 5 N. P. 14, 15.
SEC. 2286. [Assessment and penalty recovered by suit.] If payment
is not made by the time stipulated, the amount assessed, together with interest,
and a penalty of five per cent. thereon, may be recovered by suit before a
justice of the peace, or other court of competent jurisdiction, in the name of
the corporation, against the owner or owners; but the owner shall not be lia-
ble, under any circumstances, beyond his interest in the property assessed, at
the time of the passage of the ordinance or resolution to improve. [66 v. 242,
$546.]
It must appear that the defendant was the owner at the date of the assessment: Corry v. Gaynor, 21 O. S.
277. The provision making the owner personally liable, is constitutional: Gest v. Cincinnati, 26 O. S. 275.
Suit might be brought in the name of the municipal corporation: Ib. See Cincinnati v. Diekmeier, 31 O. S.
242. Joinder of plaintiffs seeking to enjoin: Upington v. Oviatt, 24 O. S. 232.
Where work has been done, it is no objection, to a suit on the assessment, that the city has not yet paid
the money, nor that the contractor agreed to receive a valid assessment in payment: Bliss v. Kraus, 16 O. §. 54.
See note to Pike v. Cummings, 36 O. S. 213, under 2264.
Cited in Lima v. Cemetery Ass'n, 42 O. S. 128.
Where the municipal corporation is a proper party defendant, the action may, under statute in force in
1876, be prosecuted by the contractor in his own name: Hastings v. Columbus, 42 O. S. 585.
Where judgment entered for assessment without including penalty, and without objection from plain-
tiff, court will afterwards refuse to award the penalty: Evans v. Cincinnati (Ham. Dist. Court), 3 W. L. B. 856.
1103
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§§ 2287-2289a.
A municipality may buy at sale property on which it has a lien: Cole v. Schneider, 36 W. L. B. 2.
Penalty is due though no action is brought: Toledo ". Platt, 2 N. P. 304; 4 0. D. 28.
See note to Fremont v. Hayes et al., 4 N. P. 379, under 2 2265.
Peualty and interest not confined to suits, hence a tender must include both. Toledo v. Platt, 4 O. D.
28; 2 N. P. 304.
See note to Marshall v. Wooster, Supreme Court without report, 38 W. L. B. 170, under 2 2295.
SEC. 2287. [Lien may be enforced against all owners, or a part, etc.]
Proceedings for the recovery of the assessment may be instituted by the cor-
poration against all the owners, or each or any number of them; or to enforce
the lien, against all the lots or lands, or each lot or parcel, or any number of
them embraced in any one assessment; but the judgment or decree shall be
rendered severally or separately for the amount assessed; and any proceeding
may be severed, in the discretion of the court, for the purpose of trial, review,
or appeal where an appeal is allowed. [66 v. 242, §§ 547, 549.]
While the lands of an incorporated cemetery association, so far as exempted, can not be sold to pay an
assessment for the improvement of a street, the municipal corporation may enforce the assessment by such
remedies as the statute and courts of equity afford: Lima v. Cemetery Ass'n, 42 O. S. 128.
For an action of this kind, see Cincinnati v. White Lead Co., 44 O.FS. 243.
See note to Fremont v. Hayes et al., 4 N. P. 379, under·? 2265.
See note to Cincinnati v. Fugmau, 5 N. P. 14, under ? 2285.
SEC. 2288. [Lien as to non-resident owner.] In proceedings to enforce
the lien, when the owner of any lot or land assessed is a non-resident of the
state, or is unknown, notice shall be given by publication in the manner pre-
scribed by law in similar cases. [66 v. 242, § 548.]
SEC. 2289. [Costs, in case of error or defect in proceedings.] If in any
such action it shall appear that by reason of any technical irregularity or defect
—whether in the proceedings of the board of improvements, or of the council,
or of any other officer of the corporation, or in the plans or estimates-the
assessment has not been properly made against any defendant or upon any lot
or parcel of land sought to be charged, the court may nevertheless on satis-
factory proof that expense has been incurred which is a proper charge against
such defendant, or lot or parcel of land in question, render judgment for the
amount properly chargeable against such defendant or on such lot or land, but
in such cases the court shall make such order for the payment of the costs as
may be deemed equitable and proper. [1883, March 9: 80 v. 52; Rev. Stat. 1880;
66 v. 242, § 550.]
Irregularity in giving notice under ? 2304 is technical and curable: Green v. Cincinnati, 7 C. C. 233.
In reducing an excessive assessment, the court may charge the owner with interest and the city with
costs: Burckhardt v. Cincinnati, 7 C. C. 260.
Defect in the time of publication for bids and want of plans and profiles are within this curative action:
Becker v. McCloud, 4 C. C. 305.
If the assessment was not made by an ordinance of the city council there is no assessment to be cured,
and ? 2289 does not apply: Brewer v. Bowling Green, 7 C. C. 489; and so also if the improvement was not
authorized by an ordinance of council: Sullivan v. Pausch, 5 C. C. 196, 198.
Property owners can not be assessed for materials that have never entered into the construction of the
sewer: Toledo v. Beaumont et al., 3 N. P. 287; 3 0. D. 129.
Interest runs on the corrected assessment from the time fixed in the ordinance for payment: Gest v.
Cincinnati, 26 O. S. 275; Fricke v. Cincinnati, 1 N. P. 98.
Failure to give notice is an incurable defect: Schmidt v. Elmwood Place, 8 O. D. 113; 15 C. C. 351.
Applied: McCloud v. Cincinnati, 54 O. S. 439, 449.
SEC. 2289a. [Validity of assessments created by informal ordinances.]
The collection of any assessment heretofore levied or ordered to be levied to
pay for the appropriation of private property to open, widen or extend any
street, alley or other public highway, heretofore appropriated and paid for, or
for the improvement of any street, alley or other public highway, heretofore
improved, or for the construction of public sewers, heretofore constructed,
shall not be perpetually enjoined or declared void in consequence of any error
or any informality in the manner of the passage of the ordinance for such
appropriation of private property, or for the improvement of any such
street, alley or other public highway, or for the construction of public sewers,
by the council or common council or other public authorities of any muni-
cipal corporation in failing to properly suspend the rule prescribed by section
1694 of the Revised Statutes requiring ordinances of a permanent or general
nature to be fully and distinctly read on three different days, or in suspend-
ing the said rule as to two or more of such ordinances upon one and the
1104
§§ 22896-2289c.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
same vote, or putting two or more of such ordinances upon their passage
without a separation, and upon one and the same roll-call of the yeas and
nays, and upon one and the same vote passing two or more of such ordi-
nances. But the court in which any proceeding is now pending to enjoin the
collection of any such assessment, or the levying of any such assessment to
pay for such appropriation of private property, or for the improvement of
streets, alleys, or other public highways, or for the construction of public
sewers, or the court in which such proceeding may hereafter be brought, shall
allow the property owner bringing such proceeding as plaintiff to show wherein
he has been injured, if at all, by reason of such suspension of the said rule, or
of such passage of such ordinances in the manner complained of, and if no
injury was done to such plaintiff thereby the said court shall permit and order
said assessment to stand against said propery as levied. Or if injury to such
plaintiff is shown, nevertheless, upon satisfactory proof that expense has been
incurred by the municipal corporation which is a proper charge against the
owner of the abutting property or lot or parcel of land in question, the court
shall render judgment for the amount properly chargeable against such owner
or on such lot or land, but in all such cases the court shall make such order
for the payment of the costs as may be deemed equitable and proper. [90 v. 5.]
Passing several improvement resolutions together, is within this curative act: Bode v. Cincinnati,
9 C. C. 382: Cincinnati, v. Anderson, 52 O. S. 600.
SEC. 2289b. [Levy of assessment or reassessment.] Whenever any
ordinance for the appropriation of private property to open, widen or extend
any street, alley or other public highway, heretofore appropriated and paid for,
or for the improvement of any street, alley or other public highway heretofore
improved, or for the construction of public sewers heretofore constructed, has
been heretofore passed by the council or common council or other public
authorities of any municipal corporation and the proceedings are irregular by
reason of the fact that the statutory rule prescribed by section 1694 of the
Revised Statutes that such ordinances should be fully and distinctly read on
three different days was improperly suspended or dispensed with, or that the
said rule was suspended or dispensed with as to two or more of such ordinances
upon one and the same vote, or that two or more of such ordinances were put
upon their final passage without a separation thereof and upon one and the
same roll-call of the yeas and nays, or that two or more of such ordinances
were declared passed upon one and the same vote and upon one and the same
roll-call, the council or other board having authority to levy assessments to
pay for such appropriation of property and improvements may nevertheless
levy an assessment or reassessment for the cost of such appropriation or im-
provement, and the court in any proceeding to collect or contest such assess-
ment or reassessment shall render judgment for the amount properly charge-
able against the owner or against the lot or land, and in such case the court
may make such order for the payment of the costs as may be deemed equitable
and proper. [90 v. 5.]
"
SEC. 2289c. [Effect of omission "by the front foot"; right of plain-
tiff to show injury; judgment in proceeding.] The collection of any
assessment heretofore levied or ordered to be levied to pay a legally pro-
portionate share of the cost of improving any street, alley or other public
hishway by paving or otherwise, shall not be perpetually enjoined or declared
void in consequence of the omission, from the ordinance to improve[ment],
of the words by the foot front," when said ordinance to improve is other-
wise sufficient, and provides in substance that the cost and expense of said im-
provement, less the amount now required by law to be levied upon the general
tax duplicate shall be assessed upon the property bounding and abutting upon
the improvement, if the court shall be satisfied by evidence that said property
owners sought to be charged with said assessment were informed of the in-
tended rule of assessment by means of a notice served upon them by authority
1105
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ 2289d.
of the clerk of the municipality to charge them by the foot front for the cost
of said improvement, upon the passage of the resolution declaring the necessity
of such improvement, and that said property owners so notified stood by,
allowed said improvement to proceed without objection made to council, as to
that rule of assessment, and that their said property is benefited by said im-
provement. But the court in which any proceeding is now pending to enjoin
the collection of any such assessment to pay for such improvement of any
street, alley or other public highway, or the court in which such proceeding
may hereafter be brought, shall allow the property owner bringing such pro-
ceeding as plaintiff to show wherein he has been injured, if at all, by reason
of such omission from such ordinance, and if no injury was done to such
plaintiff thereby, the said court shall permit and order said assessment to stand
against said property as levied. Or if injury to such plaintiff is shown, neverthe-
less, upon satisfactory proof that expense has been incurred by the municipal
corporation which is a proper charge against the owner of the abutting property
or lot or parcel of land in question, the court shall render judgment for the
amount properly chargeable against such owner or on such lot or land, but in
all cases the court shall make such order for the payment of the costs as may
be deemed equitable and proper. [92 v. 280.]
SEC. 2289d. [Levy of assessment or reassessment in case of omis-
cion.] Whenever any ordinance for the improvement of any street, alley or
other public highway by paving or otherwise has been heretofore passed by
the council or other public authorities of any municipal corporation and the
proceedings are irregular by reason of the fact that said ordinance omitted to
state that the assessment to pay the costs and expenses of said improvement
was to be by the foot front, but in fact said property owners were informed in a
written notice served upon said property owners by authority of the clerk of
such corporation upon the passage of the preliminary resolution that said
assessment was to be by the foot front, and no objection was made to council
as to that rule of assessment before the improvement was made, the council
or other board having authority to levy assessments to pay for such improve-
ment may levy an assessment or reassessment for the cost of such improve-
ment, and the court in any proceeding to collect or contest such assessment or
reassessment shall render judgment for the amount properly chargeable against
the owner of the lot or land, and in such case the court may make such order
for the payment of the costs as may be deemed equitable and proper. [92
v. 280.
When the defect is not within the provision, and is fatal: Miller v. Graham, 17 O. S. 1; Welker v. Potter,
18 O. S. 85; Stephan v. Daniels, 27 O. S. 527, 547; Kelly v. Cleveland, 34 O. S. 468. When a "proper charge" may
be recovered, and the measure of recovery: Steese v. Oviatt, 24 O. S. 248; Corry v. Campbell, 25 O. S. 134; Cin-
cinnati v. Bickett, Gest v. Cincinnati, Wilder v. Cincinnati, 26 O. S. 49, 275, 284; Griswold v. Pelton, 34 O. S. 482.
By an assessing ordinance passed July 31, 1866, under authority of the act of May 3, 1852, payment was
required on the 28th day of the same month: Held, that the defect was within the curative provision of the
act: Bolton v. Cleveland, 35 O. S. 323.
A petition to collect an invalid assessment is nevertheless good, under 2550 of the Municipal Code of 1869,
where it appears that expense has been incurred in making the improvement which is properly assessable
upon the property sought to be charged with the assessment: Jaeger v. Burr, 36 O. S. 164.
The irregularities and defects provided for in said section relate to such as are attributable to the conduct
of the municipal officers therein named: Ib.
The rule that a person through whose lands an improvement has been laid out and constructed can not,
after it has been completed, have an injunction to restrain the collection of the tax or assessment to pay for
the same, as laid down in Kellogg v. Ely, 15 O. S. 64, is not applicable to a land-owner who had no actual notice
that the improvement was being made, and was not guilty of any want of diligence in asserting his rights
before the work was complete 1: Teegarden v. Davis, 36 O. S. 601.
When a contractor for paving a street has failed to perform his contract, so that there is "a substantial
defect in the improvement," within the meaning of this section; and an assessment against the abutting lots
has been placed on the tax duplicate; and the county treasurer is taking steps to sell; the owners of such
property may, in an action against the treasurer and the municipal corporation, enjoin such proceeding,
unless it appear that it would be inequitable to do so. Sections 1777 and 1778 have no application in such case:
Stone v. Viele, 38 0. S. 314.
Where the publication, required by law, of preliminary and other ordinances is made in a Sunday news-
paper of general circulation in the municipal corporation, and is in accordance with the statute, and it is
probable that notice reached all interested, the case is within the curative provisions of the statute: Hast-
ings v. Columbus, 42 O. S. 585.
The curative provisions of this section, and 2 2327, extend to irregularities or defects in the estimate of
cost and expenses, which the council may direct to be made, after a plan of sewerage for the corporation, or
any part thereof, has been approved: Wewell v. Cincinnati, 45 O. S. 407.
71
1106
$$ 2290-2293.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
SEC. 2290. [When re-assessment may be ordered.] When it appears
to the council that a special assessment is invalid, by reason of informality or
irregularity in the proceedings, or when an assessment is adjudged to be ille-
gal, by a court of competent jurisdiction, the council may order a re-assess-
ment, whether the improvement has been made or not. [66 v. 242, §551.]
If property is omitted which ought to have been assessed, the assessment will be enjoined, but without
prejudice to the right to make a re-assessment: Upington v. Oviatt, 24 O. S. 232.
Where the action of the equalization board was unauthorized, a re-assessment might be made: Cham-
berlain v. Cleveland, 34 O. S. 551.
As to defects which may be so fundamental as to preclude a re-assessment, see Kelly v. Cleveland, Ib.
468. See, also, as to re-assessment, Butler v. Toledo, 5 O. S. 225, 230.
Where, under repealing act of 1878, a saving clause preserved various steps taken under the law in force
in 1873, relative to assessments for street purposes, the court held, that the right to re-assess was saved also:
Raymond v. Cleveland, 42 O. S. 522.
A court has no power to order a re-assessment, the right being given to council precludes this: Mocker
et al. v. Cincinnati, 4 O. D. 161; 5 N. P. 242.
SEC. 2291. [Proceedings upon re-assessment.] Proceedings upon a re-
assessment, and for the collection thereof, shall be conducted in the same man-
ner as is provided for the original assessment. [66 v. 242, § 552.]
SEC. 2292. [Tax levies for lighting municipal corporations.] For the
purpose of lighting the corporation, the council may, by ordinance, levy and
assess a tax in proportion to the feet front on the lots and lands bounding and
abutting on the streets and avenues lighted. But in cities of the second grade
of the second class council shall, by ordinance, levy and assess a tax [of] not
more than one mill and two tenths of one mill on all the property assessed
upon the general duplicate of such city, for such purpose, and in addition
thereto, a tax according to the valuation as assessed upon the tax duplicate, on
the lots and lands bounding and abutting on the streets and avenues lighted.
with gas not more than seven-tenths of one mill, and on streets and ave-
nues lighted with electric lights not more than one mill and two-tenths of one
mill, and for the erection and completion of the lamp-posts, on said streets and
avenues, the council shall levy and assess a tax in proportion to the feet front
on the lots and lands bounding or abutting in any manner on the streets and
avenues so improved, and lots lying lengthwise of said improvement; the
council shall fix, in like manner, the front of such land, to the usual depth of
lots, so that it will be a fair average of the depth of lots in the neighborhood,
which shall be subject to such assessment; and all the provisions of this chap-
ter concerning special assessments, and the collection thereof, which in their
nature are applicable, shall apply to assessments for this purpose. [1885, May 4:
82 v. 253; Rev. Stat. 1880; 66 v. 248, §584; 76 v. 13, §1.]
SEC. 2292a. [For lighting in Toledo.] In every city of the third
grade of the first class the common council, for the purpose of paying at least
one-half the cost of lighting the corporation and such portion thereof in ad-
dition thereto as the common council may deem expedient, shall by ordinance
levy and assess a tax upon all the taxable property, real and personal, in said
city in addition to the amount now authorized by law to be levied; and in
addition thereto may levy and assess a tax sufficient in amount to pay one-
half the cost of such lighting in proportion to the feet front on the lots and
lands bounding and abutting on the streets and avenues lighted; and in the
case of lots or lands lying lengthwise of any street or avenue so lighted, or
lots or lands bounding and abutting upon two streets that are lighted, no more
than fifty per cent. of the cost of such lighting which might otherwise be as-
sessed upon such lots and lands shall be assessed thereon, and the balance of
such cost shall be paid from the fund derived from the general levy herein
required to be made; and all the provisions of this chapter concerning special
assessments and the collection thereof, which in their nature are applicable,
shall apply to assessments for this purpose. [88 v. 373.]
SEC. 2293. [Assessment for repaving, etc.] If the cost and expenses
of improving a street, alley, or other public highway, have been paid by the
abutting property owners, and the grade remaining unchanged, it becomes
1107
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ 2293a.
necessary to repave such street, alley, or highway, one-half of the costs and
expenses of such repaving shall, if the council deem it just, be placed on the
general tax-list of all taxable property in the corporation, and collected as other
taxes are collected, and applied to such cost and expense of repaving; provided,
that in cities of the second grade of the first class, if such part of the cost of
paving any street, alley, or other public highway, as has been assessed upon the
parcels of land bounding or abutting upon the improvement, has been paid by
the owners thereof, and it becomes necessary to repave such street, alley, or
highway, and if the material to be used in such repaving be stone of a quality
acceptable to and approved by the board of improvements and city council,
then after deducting from the entire cost of such repaving, the cost of repaving
the tracks of a street railroad embraced in the improvement, if there be one, as
provided in section two thousand five hundred and four of the revised statutes,
one-half of the balance of such cost shall be assessed upon the parcels of land
bounding or abutting upon the improvement, as provided by law, and the other
half of such balance shall be paid by the city at large, but if there be no street
railroad embraced in the improvement, then the portion to be levied respect-
ively upon the city at large and upon the abutting property, shall be one-half
of the entire cost of such repaving. And further provided, that the one-half
of such cost so paid by the city at large, shall be held to include the part of the
cost of each improvement, required to be paid by the corporation as provided in
section two thousand two hundred and seventy-three, and the cost of improving street
intersections as provided in section two thousand two hundred and seventy-four, and
shall be in lieu thereof. And further provided, that nothing in this section
shall be construed to authorize an increase of the municipal levy as limited in
section two thousand six hundred and eighty-nine, as amended April 16, 1881.
[1882, April 15: 79 v. 97; 78 v. 136; Rev. Stat. 1880; 66 v. 247, § 580.]
Repealed as to the Hamilton city paving act, see ? (2365—12).
The rights and liabilities of abutting owners growing out of special assessments for street improvements,
are fixed by the law existing when the improvement is ordered: Cincinnati v. Seasongood, 46 O. S. 296.
SEC. 2293a. [Authorizing the improvement of streets in Cincinnati.]
In cities of the first grade of the first class, the board of public works of any
such city shall have authority to cause any of the streets, avenues or highways
of said city to be improved with granite block, asphalt pavement or other
material, and the method of procedure in such cases shall be as follows:
1. [Estimato of the cost.] A careful estimate shall be made of the cost
of said work, including the material to be furnished therefor.
2. [Notice of improvement; change of grades; sewer, gas, and water
connections; reconstructing curb.] Said board of public works shall declare
by resolution, the necessity of such improvements, and give notice thereof, as
required by council in section two thousand three hundred and four, and said board
shall carry out and be governed by all the provisions of said section two thou-
sand three hundred and four, and any duty required therein to be done or per-
formed by council shall devolve upon the said board of public works. Said
board of public works shall have full and final authority in any such improve-
ment to make such change or changes in the grade of any streets, avenues or
highways to be so improved as it may deem necessary, to best conform the
same to such contemplated improvement, and such change of grade shall be
published with the advertisement provided for in said section two thousand three
hundred and four; provided however, that said board of public works, before
declaring the necessity of any such improvement, shall have full authority to
have all necessary sewer, water, and gas connections laid from the main line or
pipe in said street, avenue or highway to the curbstone, and may include in
said improvement such reconstruction of the curb as it may deem necessary.
3. [Claims for damages.] The owner of a lot or of land bounding or
abutting upon any such improvement, shall file his claim for damages as pro-
1108
1
un
$ 2293a.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
vided in section two thousand three hundred and fifteen, or be barred as therein
provided from filing a claim or from receiving damages, and all other questions.
pertaining to such claims for damages and assessments of, or compensation for
the same, shall be governed by the provisions of law now applicable to like
claims, except that in all cases concerning the class of improvements herein.
provided for, the board of public works shall take the place and authority
therein of council.
4. [Restrictions as to contracts.] The board of public works shall enter
into no contract for the doing of such work or the furnishing of such materials,
unless the money to pay the city's proportion thereof is in the proper fund as
hereinafter provided, and shall, in this respect, act in strict accordance with the
provisions of section two thousand seven hundred and two.
5. [Powers and duties of and rules governing the board of public
works.] In making such improvements the board of public works shall be
governed by the provisions of section two thousand three hundred and three, except
that the said board of public works shall have and exercise all the powers and
perform all the duties of council, in the prosecution of said work, or furnish-
ing materials therefor, the making and levying assessments therefor, the
enforcement and collection thereof, the certificates of any unpaid assessment
to the county auditor to be placed upon the tax list, the issuing of any bonds
therefor, and sale thereof, and payment to the contractor; said board of pub-
lic works shall have and exercise all the powers now vested in, and shall be
subject to all the restrictions and regulations now imposed upon said board
of public works in cases where any improvement has been ordered by council,
except as herein altered or amended, it being the intention and meaning hereof
that in all such improvements it shall not be necessary to have the action or.
concurrence of council in any of said proceedings.
6. [Material to be removed.] All material necessary to be removed from
any street, avenue or highway where such improvement is to be made, shall
belong to the city, and shall be taken up and removed from the line of the
work and be deposited where the board of public works may direct.
7. [Cost of such improvements, how paid; city realty.] One-half of the
cost of any such improvement shall be paid by the city at large, upon order of
said board of public works, out of the fund herein provided for such improve-
ments. Said city shall be considered a property owner as to any property
Delonging to the corporation abutting upon the street, avenue or highway so
improved; provided, however, that the one-half of the cost of any such
improvement so paid by the city at large, shall be held to include all other
costs of such improvement required to be paid by the corporation, including
the cost as to intersection. One-half of the entire cost of such improvement
shall be assessed upon the parcels of land abounding or abutting upon the
improvement, in the manner provided by law.
8. [Issue of street improvement bonds; levy of tax for interest and
sinking fund.] In order to provide a fund for carrying on said improvements
and paying so much of the cost thereof as is herein provided to be paid by the
city at large, it shall be lawful for said board of public works to issue bonds in
an amount not to exceed the sum of $2,000,000 in the name of said city, under
the corporate seal thereof; said bonds shall be made payable in not less than
ten years and not more than twenty years from the date of their issue, and
bear interest at a rate not exceeding five per centum per annum; said bonds
shall be signed by the president of said board, and attested by the city comp-
troller, and shall be secured by the pledge of the faith of the city and a tax,
which it shall be the duty of the council of said city annually to levy upon all
the taxable property of said city, and certify the same to the county auditor,
upon a certificate to that effect from the said board of public works as to the
1109
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ 22936(1).
amount necessary to pay the interest thereon and to provide a sinking fund for
the final redemption of said bonds. Said tax shall be in addition to the
amount now authorized to be levied for municipal purposes.
9. [Sale of said bonds; "the pavement fund." Said board of public
works shall receive bids for said bonds after advertising the same for sale, once
per week for four consecutive weeks, on the same day of the week, in some
newspaper of general circulation in said city, and shall sell the same for not
less than the par value thereof with accrued interest, to the highest bidder.
The money arising from the sale of said bonds shall be placed in a fund to be
called "the pavement fund;" a careful account of the condition of said fund
shall be separately kept by the comptroller of said city. [1885, April 25: 82 v.
156.]
This law was held to be constitutional in the case of Alice D. Scheer v. City of Cincinnati,-15 W. L. B. 66.
See State ex rel. v. Hudson, 44 O. S. 139.
See note to Cincinnati v. Seasongood, 46 O. S. 296, under ? 2293.
Constitutionality sustained: Scheer v. City of Cincinnati (Cin. Sup. Court, Gen. Term), 14 W. L. B. 87.
SEC. 2293b(1). [Improvement of the lower river road.] In cities of
the first grade of the first class, having a street known as "the lower river
road," the board of public affairs, or their successors of any such city, are
hereby authorized to cause such street to be re-graded and improved with
granite blocks, and the method of procedure in such cases shall be as follows:
First. [Provisions applicable to said improvement.] The provisions of
paragraphs one, two, three, four, five and six, under section two thousand two
hundred and ninety-three (a), shall apply to said improvement and the mode of
procedure in making the same.
Second. [Cost of improvement: by whom to be paid.] One half of the
cost of any such improvement shall be paid by the city at large, upon the order
of said board of public affairs, out of the fund herein provided for such
improvements; said city shall be considered a property owner, as to any prop-
erty belonging to the corporation abutting upon the said street so improved;
provided, however, that the one-half of the cost of any such improvement, so
paid by the city at large, shall be held to include all other costs of such
improvement required to be paid by the corporation, including the cost as to
intersections; one-half of the entire cost of such improvement shall be assessed
upon the parcels of land abounding, or abutting upon the improvement in the
same manner provided by law.
Third. [Issue of bonds; levy of tax.] In order to provide a fund for car-
rying on said improvements, and paying so much of the cost thereof, as is herein
provided to be paid by the city at large, it shall be lawful for said board of public
affairs to issue bonds in an amount not to exceed the sum of one hundred and
twenty-five thousand dollars ($125,000) in the name of said city, under the cor-
porate seal thereof. Said bonds shall be made payable in not less than ten
years, and not more than twenty years from the date of their issue, and bear
interest at a rate not exceeding five per centum per annum; said bonds shall
be signed by the president of said board, and attested by the city comptroller,
and shall be secured by the pledge of the faith of the city, and a tax, which it
shall be the duty of the council of said city annually, to levy upon all taxable
property of said city, and certify the same to the county auditor, upon a cer-
tificate to that effect from the said board of public affairs, as to the amount
necessary to pay the interest thereon, and to provide a sinking fund for the
final redemption of said bonds; said tax shall be in addition to the amount
now authorized to be levied for municipal purposes.
Fourth. [Sale of bonds; lower river road improvement fund.] Said
board of public affairs shall receive bids for said bonds after advertising the
same for sale, once per week, for four consecutive weeks, on the same day of the
week, in some newspaper of general circulation in said city; and shall sell the
1110
§§ 22936(2)-2293c.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
same for not less than the par value thereof, with accrued interest to the high-
est bidder; the money arising from the sale of said bonds, shall be placed in a
fund, to be called "the lower river road improvement fund;" a careful account
of the condition of said fund shall be separately kept by the comptroller of
said city. [1887, March 16: 84 v. 87.]
SEC. 2293b(2). [Board of public affairs authorized to improve streets
with granite.] In cities of the first grade of the first class, the board of public
affairs of any such city shall have authority to cause any of the streets, avenues
or highways of such city to be improved with granite blocks, and the method
of procedure in such cases shall be as follows:
1. [Provisions applicable; powers of board.] The provisions contained
in paragraphs one, two, three, five, six and seven, of said section two thousand
two hundred and ninety-three (a), as enacted April 25th, 1885, shall apply to
improvements under this act, and be the mode of procedure hereunder; pro-
vided, that all the powers conferred upon, and to be exercised by the board of
public works, under said section two thousand two hundred and ninety-three (a), shall
be conferred upon and exercised by the board of public affairs of such city
hereunder.
2. [Contracts.] Said board of public affairs shall have power to enter
into contracts for doing the work and furnishing the material for the improve-
ments contemplated by this act, without the money to pay the city's propor-
tion thereof being in the fund, hereinafter provided, at the time of making
such contracts; provided, that said board shall stipulate in such contracts a
time within which such money shall be paid, after the completion and accept-
ance of such work.
3. [Issue of bonds; their payment provided for.] In order to provide a
fund for paying so much of the cost thereof as is herein provided to be paid by
the city at large, it shall be lawful for said board of public affairs to issue bonds,
in an amount not to exceed the sum of $125,000.00, in the name of said city,
under the corporate seal thereof; said bonds shall be made payable in not less
than ten years and not more than twenty years from the date of their issue, and
bear interest at a rate not exceeding five per centum per annum; said bonds
shall be signed by the president of said board, and attested by the city comp-
troller, and shall be secured by the pledge of the faith of the city and a tax,
which it shall be the duty of the council of such city annually to levy upon all
the taxable property of such city, and certify the same to the county auditor,
upon a certificate to that effect from the trustees of the sinking fund of such city
as to the amount necessary to pay the interest thereon and to provide a sink-
ing fund for the final redemption of said bonds. Said tax shall be in addition
to the amount now authorized to be levied for municipal purposes.
4. [Sale of bonds; granite pavement fund.] Said board of public affairs
shall receive bids for said bonds after advertising the same for sale, once per
week for four consecutive weeks, on the same day of the week in some news-
paper of general circulation in said city, and shall sell the same for not less
than the par value thereof, with accrued interest, to the highest bidder. The
money arising from the sale of said bonds shall be placed in a fund to be called
"the granite pavement fund;" and shall be paid out for improvements contem-
plated by this act, and for no other purpose whatever. [1888, April 4: 85 v. 153.]
SEC. 2293c. [Authorizing certain cities to improve streets, avenues,
etc.] In cities of the first grade of the first class the board of public affairs
of any such city shall have authority to cause any of the streets, avenues or
highways of said city to be improved with granite block, asphalt pavement,
or other material, and the method of procedure in such case shall be as follows:
1. The provisions contained in paragraphs 1, 2, 3, 5 and 7 of said section
two thousand two hundred and ninety-three (a), as enacted April 25, 1885, and the
1111
1
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ 2293d(1).
provisions contained in paragraph 2 of section two thousand two hundred and
ninety-three (b), as enacted April 4, 1888, shall apply to improvements under this
act, and be the mode of procedure hereunder; provided, that all the powers con-
ferred upon and to be exercised by the board of public works, under said
section two thousand two hundred and ninety-three (a), shall be conferred upon and
exercised by the board of public affairs of such city hereunder.
2. All material necessary to be removed from any street, avenue, or high-
way where such improvement is to be made, shall go to and become the prop-
erty of the contractor as part compensation for such improvement; and the
advertisement for bids shall state that said materials are to go to the con-
tractor, so that all bidders may know that fact and make their bids with ref-
erence thereto.
3. In order to provide a fund for carrying on said improvements and
paying so much of the cost thereof as is herein provided to be paid by the city
at large, it shall be lawful for said board of public affairs to issue bonds in the
name of said city, under the corporate seal thereof, during each of the four fiscal
years next ensuing after the passage of this act, in such amounts as they may
deem necessary, not to exceed, in any one year, the sum of one hundred and
fifty thousand dollars; provided, however, that all of said sum for which bonds
may be issued during any one year need not be expended or paid out during
the year in which said bonds are issued; said bonds shall be made payable in
not less than ten years and not more than twenty years from the date of their
issue, and bear interest at a rate not exceeding four per centum per annum;
said bonds shall be signed by the president of said board, and attested by
the city comptroller, and shall be secured by the pledge of the faith of the city,
and a tax, which it shall be the duty of the council of said city, annually, to
levy upon all the taxable property of said city, and certify the same to the
county auditor, upon a certificate to that effect from the said board of public
affairs as the amount necessary to pay the interest thereon, and to provide a
sinking fund for the final redemption of said bonds. The tax shall be in
addition to the amount now authorized to be levied for municipal purposes.
4. Said board of public affairs shall receive bids for said bonds, from time
to time, as they are issued, after advertising the same for sale, once per week
for four consecutive weeks, on the same day of the week, in some newspaper of
general circulation in said city, and shall sell the same for not less than the
par value thereof, with accrued interest, to the highest bidder. The money
arising from the sale of said bonds shall be placed in a fund to be called "the
additional granite pavement fund;" and a careful account of the condition of
said fund shall be separately kept by the comptroller of said city.
[1889,
April 5: 86 v. 203, 204.]
SEC. 2293d(1). [Cincinnati street paving act; tax; bonds.] In cities
of the first grade of the first class, the board of public improvements, or board of
city affairs, or their successors in office, shall have authority to cause any of the
streets, avenues, or highways of said city to be improved with granite block,
asphalt pavement, or other material and the method of procedure in such case
shall be as follows, viz:
1. The provisions contained in paragraphs 1, 2, 3, 5 and 7 of section 2293a,
as enacted April 25th, 1885, shall apply to improvements under this act, and
be the mode of procedure hereunder.
2. All material necessary to be removed from any street, avenue, or high-
way where such improvement is to be made, shall go to and become the
property of the contractor as part compensation for such improvement, and the
advertisement for bids shall state that said materials are to go to the contractor,
so that all bidders may know that fact and make their bids with reference
thereto.
1112
§ 2293d(2).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
3. In order to provide a fund for carrying on said improvements and paying
so much of the cost thereof as is herein provided to be paid by the city at
large, it shall be lawful for said board to issue bonds in the name of said city,
under the corporate seal thereof, in addition to any amounts now authorized
by law for such purposes, during each of the four fiscal years following the
passage of this act, in such amounts as they may deem necessary, not to ex-
ceed in any one year the sum of three hundred thousand dollars, in addition
to the amounts now authorized by law; provided, that all of said sum for
which bonds may be issued during any one year need not be expended or paid
out during the year in which said bonds are issued. Said bonds shall be made
payable in not less than ten years and not more than twenty years from the
date of their issue, and bear interest at a rate not exceeding four per centum
per annum; said bonds shall be signed by the president of said board and
attested by the mayor of said city, and shall be secured by the pledge of the
faith of said city and a tax which it shall be the duty of the council of said
city, or its successors in office, annually to levy upon all the taxable property
of said city, and certify the same to the county auditor, upon a certificate to
that effect, from the board of public improvements or city affairs or its successor
in office, as the amount necessary to pay the interest thereon, and to provide a
sinking fund for the final redemption of said bonds. The tax shall be in ad-
dition to the amount now authorized by law to be levied for municipal pur-
poses.
4. Said board of public improvements or city affairs, or their successors in
office, shall receive bids for said bonds, from time to time as they are issued,
after advertising the same for sale once per week, for four consecutive weeks,
on the same day of the week, in some newspaper of general circulation in said
city, and shall sell the same for not less than the par value thereof, to the
highest bidder; the money. arising from the sale of said bonds shall be placed
in a fund to be called "the additional granite paving fund," and a careful ac-
count of the condition of said fund shall be separately kept by the city comp-
troller or auditor, or his successor in office. [88 v. 294.]
SEC. 2293d(2). [Paving in villages in Hamilton county.] Whenever it
is declared necessary by the council of any village of the first class, in any
county containing a city of the first grade, first class, to make more durable
street improvements than have heretofore been made therein, every such
village is hereby authorized and empowered to cause any of its streets, avenues
or highways, to be improved with granite blocks, asphalt pavement, or other
material, and in such cases when the method adopted for the payment of such
improvements, is that prescribed in this supplemental act, the procedure shall
be as follows:
1st. [Commissioners of street improvements; organization; compen-
sation; meetings; records; appointees; petitions to improve; commis-
sioners to recommend and supervise; no extras except on written order;
statement of cost.] The council shall appoint four citizens, who shall be
real estate owners, of such village to be known and to act as commissioners
of street improvements. Said commissioners shall be chosen, each for a term
of five years, and until their successors are appointed and qualified, and a
vacancy occurring in any such office in any manner, shall be filled by appoint-
ment in manner aforesaid. The duties and powers of said commissioners shall
be performed without compensation, shall be applicable only to such improve-
ments as are made under, and in pursuance of this supplemental act, and
shall be the following: They shall organize by selecting one of their number
as chairman and by the appointment of some suitable person as their secre-
tary. Three of said commissioners shall form a quorum for the transaction of
business, and three concurring votes shall be necessary for the adoption of any
1113
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ 2293d(2).
resolution or order passed by them. They shall hold regular meetings at a
fixed place, and at certain periods, to be by them, named and made known,
and in addition, such special meetings as may be found necessary. They shall
keep a complete record of all their proceedings; the ayes and nays shall be
called and entered upon their minutes upon the passage of every resolution
or order of any kind; and a copy from the records so kept, certified by the
secretary, shall be competent evidence in all courts. Said commissioners shall
employ a secretary and such superintendents, laborers and other persons as
they shall deem necessary for the execution of their duties, but the compensa-
tion of all such employes shall be furnished by council and fixed within limits
prescribed by it, and all such employes may be removed by said commis-
sioners at any time; it is also provided, that the services of the village engi-
neer, shall be subject to the control of said commissioners, in respect to all
improvements made by virtue of this act. Whenever the owners of more than
one-half of the feet front of the lots and lands, abutting on any street, avenue,
or public highway, between designated points, petition said commissioners
for an improvement thereof, and said commissioners deem it advisable that
such improvement shall be made and paid for, according to the provisions of
this act, said commissioners shall make an investigation as to the grade and
character of improvement required, and a careful estimate of the cost of such
improvement; when such investigation and estimate are completed, said com-
missioners shall report a suitable grade and plan, and the estimated cost to the
council with such recommendation in respect thereto as said commissioners
shall consider proper. If they, or any three of them recommend the making
of such improvement, and not otherwise, the council shall order the same to
be made, with the right however to change such grade and plan. And the
provisions of the statutes in relation to authorizing and making street improve-
ments, levying and collecting taxes and assessments therefor, and the limita-
tions imposed, in so far as said provisions are applicable, except as modified
by this act, shall govern and control the council and lot owners in respect to
such improvements. When a contract has been signed for any such improve-
ment, said commissioners shall supervise and control the execution of the
work required to be done under such contract, and no material shall be fur-
nished, or work done thereunder, except in accordance with the contract and
the approval of said commissioners. Nothing shall be due or recoverable upon
any such contracts, until and unless the materials furnished and work done
thereunder, are approved in writing, by at least three of said commissioners,
and no claim for materials greater in quantity or different in kind, from that
prescribed by the contract, and no claim for extra work or service of any kind,
shall be allowed or recoverable by action, unless the same shall be shown to
have been furnished or done in pursuance of a previous written order, given.
therefor with the price specified by at least three of said commissioners. Upon
the completion of any such improvement, said commissioners shall cause to be
prepared and presented to council an itemized statement of the cost thereof,
together with the rate of assessment to be charged against the property to be
assessed, and the amount due from the village corporation for such improve-
ment.
""
2nd. ["Owners" defined.] The word "owners as used in connection
with the petitions provided for in the above paragraph shall be held to include
such guardians and trustees as may be authorized by the court or other body,
or persons appointing them to sign any such petition.
3d. [Cost and assessment; angular lot; installments.] The cost of
improvements hereunder shall include only such items and expenditures as
are mentioned in section 2284, of the Revised Statutes. One-half of the cost
of every such improvement, shall be paid by the village at large, out of the
funds herein below authorized to be raised for such improvements; provided,
-
1114
§ 2293d(3).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
however, that such half of the cost shall be held to include all other costs of
such improvements required to be paid by the corporation, including the cost
of intersections. The remaining half of the cost of every such improvement,
shall be assessed upon the parcels of land abutting upon the improvement, in
the manner herein prescribed; except that, when any such improved streets
are in a direction other than at right angles to the abutting lots then the
frontage of all such lots abutting on such improvements, shall be measured
and estimated by the base line of a right-angled triangle of which the line of
the improved street shall be the hypothenuse; said base line to be considered
the actual frontage of such lot for assessment purposes under this act; pro-
vided that such one-half of the cost, together with interest at the rate of five
per centum per annum on any bonds that may be issued in anticipation of the
assessment, shall be assessed and collected in (10) equal, annual installments
upon the property abutting on the improvement; but any owner so assessed
shall have the right to pay said assessment in full, or one or more installments
thereof, at any time, with five per cent. interest thereon from date of the
assessment.
4th. [Bonds; limitation; duration; interest; sinking fund; sales.]
In order to provide a fund to pay for so much of the cost of the improvements
herein mentioned as the village at large is to pay, the council may issue bonds
in the name of the village, under its corporate seal; provided, that the total
amount of said bonds at no time shall exceed twelve and a half per centum of
the total tax valuation of the property, personal and real, of the village; that
said bonds shall be made payable in thirty years after the date of their issue,
and bear interest at a rate not above four per centum per annum; that they
shall be signed by the mayor of the village, and attested by the clerk of the
corporation, and shall be secured by the pledge of the faith, and credit of the
village, and a tax which shall be levied by the council annually upon the taxa-
ble property of the village and certified to the county auditor in an amount
sufficient to pay the interest thereon, and to provide a sinking fund for the final
redemption of the bonds; that said tax shall be in addition to the amount
now and otherwise authorized to be levied in such villages for municipal pur-
poses; and that said bonds shall be sold in the manner provided by law, and
the proceeds arising therefrom applied and used only for the purposes men-
tioned in this act. [87 v. 201.]
The above is subject to 2702, and unless the money for the portion of the village is certified and set
apart the contract is võid: Holmes v. Avondale, 11 C. C. 430; 5 O. Ď. 188.
SEC. 2293d(3). [Paving in all villages of first class.] In villages of
the first class, the council of such village shall have authority to cause any of
the streets and alleys of said village to be improved by paving, macadamizing
and curbing, or either of them, and the method of procedure in such case may
be as provided in the Revised Statutes; provided that the value of lots and
lands for the purpose of assessment, may be ascertained and fixed by an
appraisement to be made by three disinterested resident freeholders appointed
by the council, who shall, after being duly sworn, upon actual view of the
premises, appraise the true value thereof in money. Such appraisement shall
include the value of all permanent improvements. The council may correct
any inequalities or errors in said appraisement, or may order a new appraise-
ment. When confirmed by the council said appraised value shall be the basis
for assessment for any such improvement, if the council so determine. The
assessment shall not exceed twenty-five per centum of the value so fixed, and
not more than one-fifteenth of the value so ascertained shall be collected in
any one year. In such villages, a majority of the owners of the lots and lands
to be assessed petitioning for such improvement, shall authorize the improve-
ment and assessments to be made in all cases as provided in chapter four,
1115
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ 2293e(1).
division seven, title twelve of the Revised Statutes, subject to the modifica-
tions hereof. [91 v. 260.]
There are three sections numbered 2293d.
SEC. 2293e(1). [Cincinnati boulder paving; power; costs; bonds;
tax; sale of bonds; proceeds.] In cities of the first grade of the first class,
the board of city affairs of any such city, or their successors in office, shall
have authority to cause any of the roads or public highways of said city to
be improved with boulders according to grade and profile established or to be
adopted by the engineer of said city, and the method of procedure in such cases
shall be as follows:
[Improvements to be made under certain acts.] FIRST. The provisions
contained in paragraphs 1, 2, 3, 4, 5 and 6 of said section 2293a, as enacted
April 25, 1885, shall apply to improvements under this act, and be the mode
of procedure hereunder; provided, that all the powers conferred upon and to
be exercised by the board of public works, under said section 2293a, shall be
conferred upon and exercised by the board of city affairs of such city here-
under.
[Cost to be borne by city.] SECOND. The cost of said improvement shall
be borne by and paid by the city at large, upon the order of the board of city
affairs out of the fund herein provided for such improvements.
[Issue of bonds.] THIRD. In order to provide a fund for carrying on said
improvement and paying the cost thereof, by the city at large, it shall be law-
ful for said board of city affairs of such city, or their successors in office, to
issue bonds in the name of such city, and under the corporate seal thereof, not
to exceed the sum of one hundred and fifty thousand dollars; said bonds shall
be made payable in not less than ten years and not more than twenty years
from the date of their issue, and bear interest at a rate not exceeding four per
cent. per annum; said bonds shall be signed by the president of said board,
and attested by the city comptroller, and shall be secured by the pledge of the
faith of the city, and a tax, which it shall be the duty of the council of said
city, annually, to levy upon all the taxable property of said city, and certify
the same to the county auditor, upon a certificate to that effect from the said
board of city affairs, or their successors, or the amount necessary to pay the in-
terest thereon, and to provide a sinking fund for the final redemption of said
bonds. Said tax shall be in addition to the amount now authorized to be
levied for municipal purposes.
[Sale of bonds, etc.] FOURTH. Said board of city affairs shall receive bids for
said bonds, after advertising the same for sale, once a week for four consecu-
tive weeks, on the same day of the week, in some newspaper of general circula-
tion in said city, and shall sell the same for not less than the par value thereof,
with accrued interest to the highest bidder. The money arising from the sale
of said bonds shall be placed in a fund to be called "boulder pavement fund,"
and a careful account of the condition of said fund shall be separately kept by
the comptroller of said city. [88 v. 207.]
There are here two sections numbered 2293e. There is also another 2293e (enacted in
88 v. 444), but I have taken the liberty to transfer it to similar subject matter, viz.: at
? (2651-1), as it interrupts the connection here.
SEC. 2293e(2). [Avondale street paving.] Whenever it is declared
necessary by the council of any village which contained at the last federal
census or which shall hereafter contain a population of not less than four thou-
sand four hundred and seventy and not more than four thousand four hun-
dred and ninety-five, or any village which is or may become contiguous to any
city which is now or may become a city of the first grade, first class, any of
the streets of which form a continuation of any of the streets of such city, to
make more durable street improvements than have heretofore been made
1116
§ 2293e(2).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
therein, every such village is hereby authorized and empowered to cause any
of its streets, avenues or highways, to be improved with granite blocks, asphalt
pavement, or other material, and in such cases when the method adopted for
the payment of such improvements, is that prescribed in this supplemental act,
the procedure shall be as follows:
[Commissioners; appointees; petitions; assessments; supervision;
extra work; itemized statement.] 1st. The council shall appoint four citi
zens, who shall be real estate owners, of such village to be known and to act as
commissioners of street improvements. Said commissioners shall be chosen,
each for a term of five years, and until their successors are appointed and quali-
fied, and a vacancy occuring in any such office in any manner, shall be filled
by appointment in manner aforesaid. The duties and powers of said commis-
sioners shall be performed without compensation, shall be applicable only to
such improvements as are made under, and in pursuance of this supplemental
act, and shall be the following: They shall organize by selecting one of their
number as chairman and by the appointment of some suitable person as their
secretary. Three of said commissioners shall form a quorum for the transac-
tion of business, and three concurring votes shall be necessary for the adoption
of any resolution or order passed by them. They shall hold regular meetings
at a fixed place, and at certain periods, to be by them named and made known,
and in addition, such special meetings as may be found necessary. They shall
keep a complete record of all their proceedings; the ayes and nays shall be
called and entered upon their minutes upon the passage of every resolution or
order of any kind; and a copy from the records so kept, certified by the secre-
tary, shall be competent evidence in all courts. Said commissioners shall em-
ploy a secretary and such superintendents, laborers, and other persons as they
shall deem necessary for the execution of their duties, but the compensation of
all such employes shall be furnished by council and fixed within limits pre-
scribed by it, and all such employes may be removed by said commissioners at
any time; it is also provided, that the services of the village engineer, shall be
subject to the control of said commissioners, in respect to all improvements
made by virtue of this act. Whenever the owners of more than one-half of the
feet front of the lots and lands, abutting on any street, avenue, or public high-
way, between designated points, petition said commissioners for an improve-
ment thereof, and said commissioners deem it advisable that such improve-
ment shall be made and paid for, according to the provisions of this act, said
commissioners shall make an investigation as to the grade and character of im-
provement required, and a careful estimate of the cost of such improvement;
when such investigation and estimate are completed, said commissioners shall
report a suitable grade and plan, and the estimated cost to the council with
such recommendation in respect thereto as said commissioners shall consider
proper. If they, or any three of them recommend the making of such im-
provement, and not otherwise, the council shall order the same to be made,
with the right however to change such grade and plan. And the provisions
of the statutes in relation to authorizing and making street improvements,
levying and collecting taxes and assessments therefor, and the limitations im-
posed, in so far as said provisions are applicable, except as modified by this
act, shall govern and control the council and lot-owners in respect to such im-
provements. When a contract has been signed for any such improvement,
said commissioners shall supervise and control the execution of the work re-
quired to be done under such contract, and no material shall be furnished, or
work done thereunder, except in accordance with the contract and the ap-
proval of said commissioners. Nothing shall be due or recoverable upon any
such contracts, until and unless the materials furnished and work done there-
under, are approved in writing, by at least three of said commissioners, and no
claim for materials greater in quantity or different in kind, from that pre-
1.
1117
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ 2293e(2).
scribed by the contract and no claim for extra work or service of any kind,
shall be allowed or recoverable by action, unless the same shall be shown to have
been furnished or done in pursuance of a previous written order, given therefor
with the price specified by at least three of said commissioners. Upon the com-
pletion of any such improvement, said commisioners shall cause to be prepared
and presented to council an itemized statement of the cost thereof, together with
the rate of assessment to be charged against the property to be assessed, and
the amount due from the village corporation for such improvement.
["Owners defined."] 2nd. The word "owners" as used in connection
with the petitions provided for in the above paragraph shall be held to include
such guardians and trustees as may be authorized by the court or other body,
or persons appointing them to sign any such petition.
[Cost: assessment of half, collection.] 3d. The cost of improvements
hereunder shall include only such items and expenditures as are mentioned
in section 2284 of the Revised Statutes. One-half of the cost of every such
improvement, shall be paid by the village at large, out of the funds herein-
below authorized to be raised for such improvements; provided, however, that
such half of the cost shall be held to include all other costs of such improve-
ments required to be paid by the corporation, including the cost of intersections.
The remaining half of the cost of every such improvement, shall be assessed
upon the parcels of land abutting upon the improvement, in the manner herein
prescribed; except that, when any such improved streets are in a direction
other than at right angles to the abutting lots, then the frontage of all such
lots abutting on such improvements, shall be measured and estimated by the
base line of a right-angled triangle of which the line of the improved street
shall be the hypothenuse; said base line to be considered the actual frontage
of such lot for assessment purposes under this act; provided that such one-
half of the cost, together with interest at the rate of five per centum per annum
on any bonds that may be issued in anticipation of the assessment, shall be
assessed and collected in ten (10) equal, annual installments upon the property
abutting on the improvement; but any owner so assessed shall have the right
to pay said assessment in full, or one or more installments thereof, at any time,
with five per cent. interest thereon from date of the assessment.
[Bonds, tax, previous proceedings legalized.] 4th. In order to provide
a fund to pay for so much of the cost of the improvements herein mentioned
as the village at large is to pay, the council may issue bonds in the name of
the village, under its corporate seal; provided, that the total amount of said
bonds at no time shall exceed twelve and a half per centum of the total tax
valuation of the property, personal and real, of the village; that said bonds
shall be made payable in thirty years after the date of their issue, and bear
interest at a rate not above four per centum per annum; that they shall be
signed by the mayor of the village, and attested by the clerk of the corpora-
tion, and shall be secured by the pledge of the faith, and credit of the village,
and a tax which shall be levied by the council annually upon the taxable
property of the village and certified to the county auditor in an amount
sufficient to pay the interest thereon, and to provide a sinking fund for the
final redemption of the bonds; that said tax shall be in addition to the
amount now and otherwise authorized to be levied in such villages for mu-
nicipal purposes; and that said bonds shall be sold in the manner provided
by law, and the proceeds arising therefrom applied and used only for the
purposes mentioned in this act. Provided, that wherever the council of any
village of the first class, in any county containing a city of the first grade,
first class, or any village of the class herein created, has heretofore declared it
necessary to make more durable street improvements and has appointed com-
missioners and undertaken proceedings to authorize and make improvements
under and pursuant to the act entitled "An act supplementary to section 2293
1118
§ 2293ƒ(1).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
of the Revised Statutes to authorize villages in certain instances, to make
street improvements and issue bonds to defray portions of the expense thereof,"
passed April 15, 1890, all acts and things done or caused to be done thereunder
by the authorities of any such village and by the commissioners of street im-
provements so appointed, shall be and remain as valid and binding as if they
were all and singular repeated and re-adopted under and pursuant to the pro-
visions of this act. [88 v. 527.]
The Burns law, 2 2702 R. S. does not apply to this act: Cincinnati v. Holmes, administrator et al., 56 0.
's. 104.
SEC. 2293f(1). [Petition for particular kind of paving in Avondale.
That whenever the owners of more than one-half of the abutting front feet of
lots and lands mentioned in paragraph first of said section 2293e, to which
this act is supplementary, shall, in the petition provided for in said paragraph,
unite in designating a particular kind of street improvement, of a character
authorized by section 2293e, then said commissioners shall proceed to make
an investigation as to the grade required, and a careful estimate of the cost of
such improvement, and shall report a suitable grade and the estimated cost to
the council; and no improvement shall be ordered in respect to the street or
portion thereof named in said petition, under said act, to which this act is
supplementary, other than the kind of improvement so designated in said
petition. [90 v. 64.]
SEC. 2293f(2). [Payment of non-collectible assessments; interest on
bonds.] In cities of the first grade of the first class the board of administration,
or its successors in office, shall have authority to pay out of the pavement
fund, the granite pavement fund, or the additional granite pavement fund
provided for under the provisions of section 2293a, passed April 25, 1885:
section 22936, passed April 4, 1888; section 2293c, passed April 5, 1889, and sec-
tion 2293d, passed April 8, 1891, in addition to the one-half provided for by para-
graph 7 of section 2293a, the amount heretofore or hereafter assessed for im-
provements under said acts against any property belonging to any such city,
or against any public school property, or against any other property for which
the city is liable, and shall also be authorized to pay out of said fund any de-
linquency now existing or hereafter arising in the collection of the assessments
against abutting private property made under said acts, caused by the non-
collectibility of all or any portion of any such assessments; and when bonds.
have been issued for any such assessments, for which the city is liable as afore-
said, the board of administration shall not be required to pay interest on such
assessments beyond the date when payment is made. [89 v. 115.]
SEC. 2293f(3). [Improvement of widened highways in Cincinnati.]
In cities of the first grade of the first class, the board of administration of any
such city or their successors in office shall have authority to cause any public
road, street or avenue, or other public highway within the corporate limits of
said city, which has been or hereafter may be widened to the width of eighty
(80) feet, to be improved by grading, setting curbs, improving the roadway by
macadamizing or otherwise and doing any and all other things necessary to
complete said improvement, and, in making such improvement, the roadway
shall be not less than sixty (60) feet in width, and the method of procedure
in such cases shall be as follows:
1. [Provisions applicable.] The provisions contained in paragraphs 1, 2,
3 and 5 of section 2293a, as enacted April 25, 1885 (82 O. L. 156), and the
provisions contained in paragraph 2 in section 22936, as enacted April 4, 1888
(85 O. L. 153), in so far as the same are applicable, shall apply to improve-
ments under this act, and be the mode of procedure hereunder; provided,
that all the powers conferred upon and to be exercised by the board of public
works, or by the board of public affairs, under the paragraphs aforesaid of said
1119
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ 2293ƒ(4).
sections 2293a and 22936, shall be conferred upon and exercised by the board
of administration of such city or their successors in office hereunder.
2. [Cost of improvement.] The costs of said improvement shall be
wholly borne by and paid by the city at large, upon the order of said board
of administration or their successors in office, out of the fund herein provided
for such improvements.
3. [Bonds and tax.] In order to provide a fund for carrying on such im-
provements and paying the costs thereof by the city at large, it shall be lawful
for said board of administration of such city or their successors in office to issue
from time to time bonds in the name of said city, and under the corporate seal
thereof, in an amount not to exceed $50,000; said bonds to be of such denomi-
nations and to be payable at such time, and to bear interest at such rate, not
exceeding four per cent. per annum, as said board of administration or their
successors in office shall determine; said bonds shall be signed by the presi-
dent of said board of administration and by the mayor of the city and attested
by the city auditor, and shall be secured by the pledge of the faith of the city,
and a tax which it shall be the duty of the board of legislation of said city,
annually, to levy upon all the taxable property of said city, and certify the
same to the county auditor, upon a certificate to that effect from the said
board of administration or their successors in office as to the amount neces-
sary to pay the interest thereon, and to provide a sinking fund for the final
redemption of said bonds. Said tax shall be in addition to the amount now
authorized to be levied for municipal purposes.
4. [Sale of bonds; highway improvement fund.] Said board of admin-
istration shall receive bids for said bonds, after advertising the same for sale
once a week for four consecutive weeks upon the same day of the week, in
some newspaper of general circulation in said city, and shall sell the same for
not less than the par value thereof with accrued interest to the highest bidder.
The money arising from the sale of said bonds shall be placed in a fund to be
called "the highway improvement fund;" a careful account of the condition
of said fund shall be separately kept by the auditor of said city and shall be
used for no other purpose than herein designated.
5. [Powers additional.] The powers herein conferred shall be additional
to other powers possessed by cities of the first grade of the first class. [90 v.
166.]
SEC. 2293f(4). [Cost from change of material in Cincinnati.] When-
ever, heretofore, in cities of the first grade of the first class, contracts have been
made for the improvement of any street or highway under sections 2293a,
22936, 2293c, 2293d or 2293e of the Revised Statutes by improving such street
or highway partly with granite block and partly with crushed granite, and
during the progress of the work it has been deemed necessary by the board of
administration to change or modify the plans of such improvement by substi-
tuting granite block for crushed granite, and the cost of said granite block so
substituted causes the total cost of the work to exceed what the cost would
have been if no change had been made, and to exceed the estimate, neverthe-
less, the board of administration may pay to the contractor such excess over
what the cost would have been if no change had been made or the excess
over the estimate out of the pavement fund, the granite pavement fund or the
additional granite pavement fund. [90 v. 295.]
SEC. 2293g. [Disposition of balances in Avondale and Linwood.]
That whenever any village has appointed four citizens as commissioners of
street improvements, and has issued bonds in pursuance of an act entitled
"An act supplementary to section 2293d of the Revised Statutes to authorize
certain villages to make street improvements, and issue bonds to defray por-
tions of the expense thereof," passed May 4, 1891, and has been annexed to
any city of the first grade of the first class, pursuant to an act entitled "An
1120
§ 2293h.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
act to authorize cities of the first grade of the first class to annex contiguous
municipal corporations of other grades or classes lying within any county
containing such cities of the first grade of the first class," passed April 13,
1893, and an act entitled "An act to amend section one of an act entitled 'an
act to authorize cities of the first grade of the first class to annex contiguous
municipal corporations of other grades or classes lying within any county con-
taining such cities of the first grade of the first class,' passed April 13, 1893,"
¡passed April 24, 1893, and if at the time of such annexation, there was an
unexpended balance in the fund of such village so created by the issue of
bonds by such village, as authorized by said act of May 4, 1891, and if such
balance, by the terms and conditions of annexation became the property of
such city of the first grade of the first class, and has been paid to such city
of the first grade of the first class, then the board of administration of such
city of the first grade of the first class, without the approval of the board of
legislation, may issue vouchers in favor of all persons having at the time of
such annexation, a legitimate claim against said fund, such vouchers to be
paid out of said fund, and after the payment of such legitimate claims, the
said board of administration be and the same is hereby authorized to draw a
voucher for the balance of said fund to be credited to the general fund of such
city, to become part and parcel thereof and to be disbursed as is the general
fund of such city of the first grade of the first class. [92 v. 70.]
SEC. 2293h. [Repair of streets, avenues, highways and alleys in Cin-
cinnati; method of procedure.] In cities of the first grade of the first class,
the board of administration or board of city affairs or their successors in office,
shall have authority to repave any streets, avenues, highways or alleys in such
cities which have been heretofore paved with boulders, cobblestone or lime-
stone and paid for at the expense in part or in whole of the property fronting
or abutting on such streets, avenues, highways or alleys by causing a new pave-
ment of any other material to be placed upon the old foundation under such
pavement, and the method of procedure in such cases shall be as follows, viz.:
1. The provisions contained in paragraphs 1, 2, 3 and 5 of section 2293a,
as enacted April 25, 1885, shall apply to the repaving under this act, and be
the mode of procedurc hereunder, except that the provision for a change of
grade as provided in paragraph 2, shall not apply hereunder, it being the pur-
pose of the act that such repaving shall be done upon the grade of said street.
when first paved.
2. All material necessary to be removed from any street, avenue, highway
or alley where such repavement is to be made, shall go to and become the
property of the contractor as part compensation for such repavement, and the
advertisement for bids shall state that said materials are to go to the contractor,
so that all bidders may know that fact and make their bids with reference
thereto.
3. One-half of the cost of any such repavement shall be paid by the city
at large, upon order of said board of administration or board of city affairs or
their successors in office out of the fund herein provided for such repavement.
Such cities shall be considered property owners as to any property belonging
to the corporation abutting upon the streets, avenues, highways or alleys so re-
paved; provided however that the one-half of the cost of any such repavement,
so paid by the city at large, shall be held to include all other costs of such re-
pavement, required to be paid by the corporation including the cost as to inter-
sections. One-half of the entire cost of such repavement shall be assessed
upon the parcels of land abounding or abutting upon the streets, avenues,
highways or alleys so repaved in the manner provided by law for improvement
of streets or alleys.
4. In order to provide a fund for carrying on said repaving, and paying
so much of the cost thereof as is herein provided to be paid by the city at large,
1121
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2293—1).
it shall be lawful for said board of administration or board of city affairs or
their successors in office to issue bonds in the name of such city, under the
corporate seal thereof, in addition to any amounts now authorized by law for
such purposes, during each year of the four fiscal years following the passage of
this act, in such amounts as they may deem necessary, not to exceed in any
one year the sum of one hundred thousand dollars, in addition to the amounts
now authorized by law; provided, that all of said sum for which bonds may
be issued during any one year need not be expended or paid out during the
year in which said bonds are issued. Said bonds shall be made payable in not
less than ten years and not more than twenty years from the date of their issue,
and bear interest at a rate not exceeding four per centum per annum; said
bonds shall be signed by the president of said board of administration or board
of city affairs or their successors in office and attested by the mayor of such
city, and a tax which it shall be the duty of the council of said city, or their
successors in office, annually to levy upon all the taxable property of such city,
and certify the same to the county auditor, upon a certificate to that effect,
from the board of administration or board of city affairs or their successors in
office, as the amount necessary to pay the interest thereon, and to provide a
sinking fund for the final redemption of said bonds. The tax shall be in addi-
tion to the amount now authorized by law to be levied for municipal purposes.
5. Said board of administration or board of city affairs or their successors
in office, shall receive bids for said bonds, from time to time as they are is-
sued, after advertising the same for sale once per week, for four consecutive
weeks, on the same day of the week, in some newspaper of general circulation
in such city, and shall sell the same for not less than the par value thereof, to
the highest bidder; the money arising from the sale of said bonds shall be
placed in a fund to be called "the repavement fund," and a careful account of
the condition of said fund shall be separately kept by the city comptroller or
auditor or his successor in office. [93 v. 374.]
CLEVELAND.
(2293—1) SEC. 1. [Paving in Cleveland and assessment.] In cities
of the second grade of the first class, the city councils shall have authority,
upon recommendation of the board of improvements, to cause any of the
streets, avenues, alleys or parts thereof of such city, to be paved with stone or
other permanent material, and wherever needed in connection therewith to
grade, curb and gutter such streets, avenues or alleys, and to ordain that
said improvements shall be paid for and assessed upon the property abutting
on the same in accordance with the various provisions of this act, and in
accordance with the various provisions of law now enacted or hereafter enacted
applicable thereto and not inconsistent with this act. [87 v. 367.]
(2293-2) SEC. 2. [Bonds therefor; their duration and interest.]
In order to provide for the payment of the costs and expenses of said improve-
ments to be assessed on the abutting property, the councils may, from time to
time (as such improvement progresses), issue the bonds of such cities in such
sums as will be required, in all to an amount not exceeding the contract price
of the work and the other expenses attending the same, and interest as herein-
after provided for; said bonds shall be issued as other bonds of such cities are
issued, but they shall bear the name of the street or avenue or alley to whose
improvement they are issued, and shall state therein that they are to be paid
by an assessment upon the property abutting on the said improvement; said
bonds shall extend a period of at least eight years, to be provided for in the
ordinance directing the improvement; they shall bear interest at a rate not
exceeding six per cent. per annum, payable semi-annually, on the first day of
July and January, and principal and interest payable at the office of the city
treasurer. [87 v. 367.]
72
1122
§ (2293-3).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
(2293-3) SEC. 3. [How sold; disposition of proceeds; assessable
cost.] The said bonds shall be negotiated at not less than par, as the other
bonds of such cities are negotiated, and the proceeds shall be applied solely
to pay for said improvement, and the proceeds thereof shall only be paid upon
the certificate of the city engineer, approved by the board of improvements,
that the work has been done according to contract. When the whole work is
done, the amount of the bonds sold to pay for the same, and the interest
thereon to the next interest day, when assessments can be collected as herein-
after provided to pay the same, shall be taken as the cost of the said improve-
ment to be paid by the abutting property-owners, and that amount shall be
assessed equally by the foot front of property fronting or abutting on the said
improvement. [87 v. 367.]
(2293-4) SEC. 4. [Payment of assessments.] Such assessment shall
be placed upon the tax duplicate, and shall be payable in equal installments
to meet said bonds provided for in the ordinance ordering said improvement
at the county treasurer's office, with interest at the rate provided in said bonds,
payable semi-annually, from the date to which such semi-annual interest was
computed, on the amount of said bonds, or so much as remains unpaid, from
time to time, until all said bonds and interest are fully paid. [87 v. 367.]
(2293-5) SEC. 5. [Assessments to be a lien.] Such assessments,
with interest accruing thereon, shall be a lien on the property abutting on the
street, avenue, or alley, from the time the contract is entered into for the
making of said improvement, and shall remain a lien until fully paid, having
precedence of all other liens except taxes, and shall not be divested by any
judicial sale unless the payment of the same is provided for from the proceeds
of such sale; provided, such lien shall be limited to the usual depth of the
lots or lands abutting on said improvement. No mistakes in the description
of the property or the name of the owner or owners shall impair the said lien.
[87 v. 367.]
(2293-6) SEC. 6. [Right to pay at any time.] Any owner of prop-
erty, against whom an assessment shall have been made for such improvement,
shall have the right to pay the same, or any part yet remaining unpaid, in
full, with interest thereon, to the next semi-annual payment due on said as-
sessment; such payment shall discharge the lien on the property. If any
owner shall sub-divide any abutting property after such lien attaches, he may
discharge the same on any part thereof, in like manner. [87 v. 367.]
(2293-7) SEC. 7. [Money to be used solely for bonds; deficiency.]
All moneys received from such assessment shall be appropriated by the proper
authorities of the cities solely to the payment of the interest and redemption
of the bonds issued for said improvement, or any renewal thereof. If any
bond or interest shall be due, and no money is in hand to pay the same, the
cities shall be authorized to make a temporary loan to pay the same; but such
lien shall continue in full force on the abutting property for the full assessment
not paid, and accruing interest, for such temporary loan, in behalf of such city.
187 v. 367.]
(2293-8) SEC. 8. [Acceptance of work.] When such improvement
shall be completed to the acceptance of the board of improvement[s] and the
city engineer, the same shall be certified by such board and engineer, and
thereupon the city engineer and city auditor shall make a proper plat and
assessment for said improvement on the abutting property. [87 v. 367.]
(2293-9) SEC. 9. [Curative provisions.] In any action to enforce or en-
join any assessment the court shall disregard any irregularity or defect, whether
in the proceedings of the said board or council, or any officer of the corpora
1123
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2293-10).
tion, or in the plans or estimates; and the acceptance of the work by the board
of improvements upon the certificate of the city engineer shall be presumptive
evidence that the contract has been complied with, and the assessment exists;
but if it be shown that there is any substantial defect of the improvement, or
any fraud in the contract price of the work or materials, the court shall order
such deduction therefor, from the cost of said improvement, and such deduction.
shall be ratably deducted from the assessments on all the property abutting on
said improvement, and the court may make such order in regard to the costs,
where such substantial defect or fraud is found, as to the court shall seem
proper. [87 v. 367.]
(2293-10) SEC. 10. [Owner defined.] The term owner in this act
shall be construed to include all corporations, private, public, state or munici-
pal. [87 v. 367.]
(2293-11) SEC. 1. [How certain improvements made in Cleveland.]
Whenever, in any county containing a city of the second grade of the first
class, any part of the boundary line of two municipal corporations is within
a street or streets, and it becomes necessary, in the opinion of the councils of
such municipal corporations, to grade, drain, curb, gravel, pave or construct a
sewer in such street or streets, or otherwise improve the same, it shall be law-
ful, and such corporations are hereby authorized to agree upon the terms, loca-
tion and construction of the same, and jointly to make and construct such im-
provements, or any one or more of them, in said street or streets, for common
use. [86. v. 291.]
(2293- 12) SEC. 2. [Providing for assessments, etc.] For the pur-
pose of making such improvements, or any of them, the council of each such
municipal corporation shall pass the necessary resolutions and ordinances, pro-
vide the necessary plans and specifications, provide, by proper resolutions and
ordinances, for the assessment of the cost of the same, not exceeding the
amount now or hereafter allowed by law; all which resolutions and ordinances,
the providing of plans and specifications, the making of the assessment for
the payment of the costs thereof and the supervision and control of said
improvements shall be done and made under the laws now in force, or which shall
hereafter be in force, in such municipal corporations, respectively, in relation
to the making of said improvements; provided, however, that in the adver-
tisement for and receiving of bids for the construction of said improvement or
improvements, and the making of the contracts in relation thereto, the same
shall be in the joint names of such corporations; provided, further, that each
corporation shall be liable for such proportion of the cost of said improvement
or improvements as shall be specified in the ordinances for the making of said
improvement or improvements; and provided, further, that assessments for the
payment of the cost thereof shall be made by such corporations, respectively,
as assessments for like improvements are made whose limits are wholly in such
corporation. [86 v. 291.]
See ? 2406.
COLUMBUS.
(2293—13) SEC. 1. [Columbus street paving and keeping in repair;
assessment.] Cities of the first grade of the second class shall have authority
to pave any of the streets, avenues or alleys or parts thereof of said cities
with asphalt, granite or other stone block, cobble-stone boulders, crushed stone,
hard-burned brick or blocks macadam or other substantial material and when-
ever needed in connection therewith to curb and gutter said streets, avenues or
alleys or parts thereof, and when such streets, avenues or alleys are so paved
to maintain and keep the same in proper repair, and the provisions in the sub-
sequent section of this act relating to improvements of streets, avenues or alleys
1
1124
§ (2293-14).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
shall be applicable to the maintaining and keeping in repair of the same; and
to ordain that the costs of said improvements shall be paid for and assessed
upon the property bounding or abutting on the same in accordance with the
various provisions of law now enacted or hereafter enacted applicable thereto,
and not inconsistent with this act subject however to the restrictions in sec-
tion two [§(2293-4)] of this act, and this act shall be supplementary to title
XII, division 3, chapter 4, and to title XII, division 7, chapter 4, of the Re-
vised Statutes of Ohio, and to the various acts amendatory of or supplementary
to the provisions thereof. [92 v. 737; 90 Local Laws 155.]
(2293-14) SEC. 2. [Ascertainment of value of assessable property;
installments.] The council shall, before the adoption of the resolution declar-
ing it necessary to make such improvement, appoint three disinterested free-
holders of the corporation, who after being duly sworn and having properly
viewed said proposed improvement, shall report to the council the fair cash
valuation of the respective lots or lands bounding or abutting upon the
proposed improvement, before the same is made, and no improvement shall be
made under this act if the contract price thereof exceeds sixty per cent. of the
valuation as returned by said three disinterested freeholders, of any of the lots
or lands taken separately, abounding or abutting on the proposed improve-
ment, as herein ascertained; nor unless the owners of one-half of the feet front
of the real estate bounding or abutting upon the proposed improvement peti-
tion therefor in writing to the city council or board of public works. And the
amounts of the contracts for such improvements entered into by any such city
between the first day of January of one year and the first day of January of
the succeeding year shall not exceed one per centum of the valuation of the
real estate of such city, as valued for taxation on the grand duplicate, nor shall
the amount of bonds issued under this act, outstanding and unpaid at any one
time, exceed five per centum of the valuation of the real estate of such city,
as valued for taxation on the grand duplicate. [90 Local Laws 156.]
(2293-15) SEC. 3. (Bonds in advance of assessment.] In order to pro-
vide for the payment of the costs and expenses of said improvements to be as-
sessed on the abutting property, the councils of such cities may, from time to
time, as such improvement progresses, issue the bonds of such cities in such sums
as will be required, in all to an amount not exceeding the contract price of the
work and the other expenses attending the same, and interest as hereinafter pro-
vided for; said bonds shall be issued as other bonds of such cities are issued, but
they shall bear the name of the street or avenue or alley for whose improvement
they are issued, and shall state therein that they are to be paid by an assess-
ment upon the property abutting on the said improvement; said bonds shall
extend over a period of at least four years and not to exceed ten years, to be
provided in the ordinance directing the improvement; they shall bear interest
at a rate not exceeding six per cent. per annum, payable semi-annually, on
the first day of March and September, and principal and interest payable at
the office of the city treasurer. [90 L. L. 156.]
(2293-16) SEC. 4. [Sale and proceeds thereof.] The said bonds
shall be negotiated at not less than par, as the other bonds of such cities are
negotiated, and the proceeds shall be applied solely to pay for said improve-
ment, and the proceeds thereof shall only be paid upon the certificate of the
city engineer that the work has been done according to the contract. When
the whole work is done, the amount of the bonds sold to pay for the same,
and the interest thereon to the next interest day, when assessments can be
collected as hereinafter provided to pay the same, shall be taken as the cost
of the said improvement to be paid by the abutting property owners, and that
amount shall be assessed by ordinance of said council equally by the front.
foot of property bounding or abutting on the said improvement, except as
hereinafter provided. [90 L. L. 156.]
1125
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2293-17).
(2293-17) SEC. 5. [How assessment collected; lien.] Said councils
shall cause such assessments to be placed upon the tax duplicate of the county
in which said cities are situate, and the said assessments shall be payable in
equal annual instalments so as to meet said bonds provided for in the ordinance
ordering said improvements at the treasurer's office of said county, with in-
terest at the rate provided in said bonds, payable semi-annually, from the date
to which said semi-annual interest was computed, on the amount of said bonds,
or so much as remains unpaid, from time to time, until all said bonds and
interest are fully paid, and until said assessment and interest thereon is fully
paid; and if the said assessments and interest thereon be not paid when the
same become due and payable, the lot or parcel of land upon which the said
unpaid assessment shall be a lien, shall be advertised and sold in the same
manner provided by law for the sale of lands for delinquent taxes. And for
the services rendered under this section and section 4 of an act entitled "An
act to provide for the improvements of streets and alleys in the cities of the
first grade of the second class," passed May 11th, 1886, the auditor and treas-
urer of the county shall receive such compensation as may be allowed by the
city council. [90 L. L. 157.]
(2293-18) SEC. 6. [Lien of assessment; depth of lots; mistake in
descriptions.] Such assessments, with the interest accruing thereon, shall be
a lien on the property bounding or abutting upon the street, avenue or alley
from the time the contract is entered into for the making of said improve-
ment, and shall remain a lien until fully paid, having precedence of all other
liens except taxes, and shall not be divested by any judicial sale unless the
payment of the same is provided for from the proceeds of such sale; provided,
such lien shall be limited to the usual depth of the lots or lands bounding or
abutting on said improvement. No mistakes in the description of the prop-
erty or the name of the owner or owners shall impair the said lien. [90 L. L.
157.]
(2293-19) SEC. 7. [Irregular and corner lots.] But in cases of
lots of irregular shape or corner lots lying lengthwise on the improvement,
the council may, in the ordinance providing for the improvement, fix the
assessable frontage of such lots at a less number of feet than actually bound
or abut upon the improvement, as to it may seem equitable. The amount of
such exemptions shall be assessed upon the assessable frontage of the property
bounding or abutting on the improvement, or paid out of the general funds
of the city, or out of an assessment levied upon all of the taxable property of
the city, which is hereby authorized to be made, as the council may determine.
[90 L. L. 157.]
(2293-20) SEC. 8. [Right to pay all at a time; subdivision.] Any
owner of property against whom an assessment shall have been made for such
improvement shall have the right to pay the same, or any part yet remaining
unpaid, in full, with interest thereon, to the next semi-annual payment due
on said assessment; such payment shall discharge the lien on the property.
If any owner shall subdivide any bounding or abutting property after such
lien attaches, he may discharge the same upon any part thereof in like man-
ner. [90 L. L. 157.]
(2293-21) SEC. 9. [Moneys received properly appropriated.] All
moneys received from such assessments shall be appropriated by the proper au-
thorities of the city solely to the payment of the interest and the redemption of
the bonds issued for said improvement or any renewal thereof. If any bond
or interest shall be due, and no money is in hand to pay the same, the cities
shall be authorized to make a temporary loan to pay the same; but such lien
shall continue in full force on the abutting property for the full assessments
not paid and accruing interest for such temporary loan, in behalf of the said
city. [90 L. L. 158.]
1126
§ (2293—22).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
(2293-22) SEC. 10. [Superintendent elected, when.] In such im-
provement ordinance the councils of such cities may designate two or more
owners of property bounding or abutting upon said improvement, who, with
the city civil engineer, shall constitute a board, which, after the contract for im-
provement has been made by the city, as provided by law, may elect an ex-
perienced and qualified superintendent, who shall see that the said contract is
performed according to its true intent and meaning, and all orders of the engi-
neer, in furtherance thereof, are obeyed. When the improvement is completed,
the said engineer shall certify to the same; and said engineer shall make a
proper plat and assessment sheet for said improvement on the bounding and
abutting property, and submit the same to the city council for its action
thereon. The property owners on such board shall serve without compensa-
tion, but the superintendent shall be paid such compensation for the time.
actually employed as shall be agreed upon by said board, and such payment
shall be a part of the cost of said improvement. [90 L. L. 158.]
(2293-23) SEC. 11. [Action to enjoin.] In any action brought to
enjoin the letting of the contract for said improvement, or to enjoin the con-
struction of said improvement, or to enjoin the issue of bonds to pay for the
said improvement, or to enjoin the levy of an assessment for the said improve-
ment, or to enjoin the collection of an assessment made for said improvement,
because of any defects, infirmities or irregularities in the proceedings of said
councils or other boards or officers of said cities, or in the records of the said
proceedings, or in the plans or estimates of such improvement, the petition or
other pleading filed for the said purpose shall, in addition to a statement of the
facts showing such defects, infirmities or irregularities, contain a statement of
the facts showing the injury, if any, that thereby has resulted, or shall result,
to the person filing the said petition or other pleading, or has resulted, or shall
result, to the lot or parcel of land assessed or to be assessed for the said improve-
ment. And in any of said actions and in any action to enforce an assessment
for such improvement, the court shall disregard any infirmity, irregularity or
defect, whether in the proceedings of the said board or council or any officer of
the corporation, or in the plans or estimates; and the acceptance of the work
by the council upon the certificate of the city engineer shall be presumptive
evidence that the contract has been complied with, and the assessment exists;
but if it be shown that such person, or lot or parcel of land has suffered an in-
jury because of such infirmities, defects or irregularities, or that there is any
substantial defect of the improvement, or any fraud in the contract price of
the work or materials, the court may make such order to relieve said person,
lot or parcel of land from such injury, as may be equitable and just, and may
order a proper deduction from the cost of said improvement for such substan-
tial defect or fraud, which shall be ratably deducted from the assessments on
all the property bounding or abutting on said improvement, and the court may
make such order in regard to the costs, where such injury or substantial defect
or fraud is found, as to the court shall seem proper. [90 L. L. 158.]
(2293—24) SEC 12. [Owner defined.] The term owner in this act
shall be construed to include all corporations, private, public, state or mu-
nicipal. [90 L. L. 159.]
(2293-25) SEC. 13. [Sections not applicable.] Section 2270 and
section 2702 of the Revised Statutes of Ohio shall not apply to an improve-
ment ordained to be made under this act. [90 L. L. 159.]
The paving act as to Columbus, Findlay and Kenton found in 83 v. 140, and its amendments in 88 v.
265 and 329 and supplemented in 84 v. 576, were repealed by the above act. The original act and supplement
were held constitutional in Parsons v. Columbus, 50 O. S. 460: it was also held that the twenty-five per cent.
limit of assessment by 2283, when two streets are made, does not apply to that law: Cherington v. Colum-
bus, 50 0. S. 475.
1127
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2293-26).
DAYTON PAVING ACTS.
(2293-26) SEC. 1. [Dayton; paving of certain streets.] The city
council of any city of the second grade of the second class shall have authority
to cause any street or part thereof in such city having a roadway between curbs
not exceeding 32 feet in width, upon which a street railway has been con-
structed and is in use, to be improved with pavement of Medina stone, granite,
asphalt or other material. [85 v. 257.]
(2293-27) SEC. 2. [Laws governing such improvements.] Such im-
provement shall be made in accordance with the provisions of the Revised
Statutes relating to street improvements, and all notices and claims for dam-
ages caused thereby shall be given and filed as therein provided. [85 v. 257.]
(2293-28) SEC. 3. [Issue of street paving bonds.] In order to pro-
vide a fund for paying the cost of such improvement, it shall be lawful for such
city council to issue bonds of such city, entitled, "street paving bonds," in a
sum not exceeding sixty-four thousand dollars, to be sold according to law;
said bonds shall be of such denomination as such city council may deem best,
in any sum not in excess of the amount above named, and shall be made pay-
able in ten equal annual installments from the date thereof, and shall bear
interest at a rate not exceeding five per centum per annum, payable semi-annu-
ally, and the proceeds thereof, together with such premiums as may be derived
therefrom, shall be applied to no other purpose than the purpose herein men-
tioned; said bonds shall be signed by the mayor and clerk of such city and be
sealed with the seal of the corporation. [85 v. 257.]
(2293-29) SEC. 4. [How and by whom such bonds shall be paid:
payment by street railroad company as consideration for extension of
right to operate its lines.] One-half of the amount of said bonds, and of the
interest thereon, shall be paid by such city, and the council of any such city
is hereby authorized to levy an annual tax not in excess of five-tenths of one
mill on the general duplicate of such city, in addition to the other taxes here-
tofore authorized to be levied for the redemption of one-half of said bonds and
payment of the interest thereon, until the same are paid, and such payment
shall be held to include all other costs of such improvement required to be paid
by the corporation, including the cost as to intersections. One-fourth of the
amount of such bonds and interest shall be assessed upon the parcels of land
bounding or abutting upon the improvement, in the manner provided by law,
and such assessments may be made payable in annual installments, not exceed-
ing ten in number, if the city council so provides, and the remaining one-
fourth of the amount of such bonds and interest shall be paid for by the street
railroad company occupying such street, or part thereof improved; and all
moneys received from such assessments and from such street railroad company
shall be applied to the payment of the bonds provided for herein; provided,
such company shall agree to pay the same; and as a consideration for such
agreement, the city council of such city is hereby authorized to extend the time
during which such street railroad company shall be authorized to operate its
line for a further term of twenty-five years, beginning at the expiration of its
present contract with such city, upon such terms and conditions as the council
may prescribe. [85 v. 257.]
(2293-30) SEC. 5. [Gas, water, and sewer connections.] Such city
council shall have power to provide that all house connections with gas and
water mains and with sewers shall be made before such paving shall be begun,
and that after such street or part thereof shall have been paved, as herein pro-
vided, such pavement shall not be disturbed for a period of five years. [85
v. 257.]
8
See ?? 2262 and 2406, ? 2683, and 2 2700 et seq.
1128
§ (2293-31).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
(2293-31) SEC. 1. [Granite, asphalt, etc.] In cities of the second
grade of the second class, the board of city commissioners of any such city
shall have authority to cause any of the streets, avenues and highways of
said city to be improved with granite block, asphalt pavement, or such other
material as to said commissioners shall seem best. [87 v. 288.]
(2293-32) SEC. 2. [City commissioners to determine kind; make
contracts, etc.] Said commissioners shall be and are hereby authorized to
determine the kind and description of pavement to be used upon any of the
said streets, avenues or highways of said city, and for said purpose shall make
and enter into contracts for furnishing materials, grading, curbing and paving
of said streets, avenues or highways, either for the entire work in one contract,
or for parts thereof in separate and specified sections, as to them may seem
best, and to superintend and control all work done in pursuance thereof, and
to dispose of any surplus material obtained in the grading thereof; provided,
that said improvement shall be uniform throughout the length to be improved.
And said board of city commissioners shall have full and final authority in
any such improvement to make such change or changes in the grade of any
streets, avenues or highways to be improved, as it may deem necessary to best
conform the same to such contemplated improvement, and such change of
grade shall be published with the advertisement provided for in section 2304;
provided, however, that said board of city commissioners, before declaring the
necessity of any such improvement, shall have authority to have all necessary
sewer, water and gas connections laid from the main line or pipe in said
street, avenue or highway to the curbstone, and may include in said improve-
ment such reconstruction of the curb as it may deem necessary. [87 v. 288.]
(2293-33) SEC. 3. [Claims for damages.] The owner of a lot or
lands bounding or abutting upon any such improvement, shall file his claim
for damages as provided in section 2315, or be barred, as therein provided from
filing a claim, or from receiving damages, and all questions pertaining to such
claims for damages, or adjustment of or compensation for the same, shall be
governed by the provision of the law now applicable to like claims, except
that in all cases concerning the class of improvements herein provided for, the
board of city commissioners shall take the place and authority therein of the
council. [87 v. 288.]
(2293-34) SEC. 4. [Submit resolution or ordinance to council.]
Said board of city commissioners shall cause to be made plans and specifica-
tions of said work, together with an estimate of the cost of the same including
the material to be furnished therefor, and shall submit the same to the city
council of such city, with its recommendation, and a resolution or ordinance
as the case may be, declaring the necessity of such improvement or providing
therefor. Upon the passage by council of the resolution or ordinance it shall
be the duty of the board of city commissioners to advertise for proposals in
accordance therewith. [87 v. 288.]
(2293-35) SEC. 5. [Contracts; lowest bidder, etc.] All contracts
shall be made by the city commissioners in the name of the respective city,
and shall be made with the lowest bidder or bidders, upon sealed proposals,
after public notice in two or more newspapers of opposite politics of said city,
and in such other newspapers as said commissioners may select, which notice
shall contain a description of the kind and amount of the work to be done and
materials to be furnished, as nearly accurate as practicable, and the terms of
payment, which shall be fixed by said commissioners. [87 v. 288.]
(2293-36) SEC. 6. [Contractor's bond.] Each contractor shall be
required to give bond to such city, with sureties to be approved by said com-
missioners, for the faithful performance of his contract, and said commissioners
1129
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2293-37).
shall have power to institute suit in the name of the said city to enforce all
contracts made by them. [87 v. 288.]
(2293-37) SEC. 7. [Contracts: how paid.] All contracts made by
said commissioners for the payment of money shall provide for the payment
out of the funds hereinafter provided for such improvement. [87 v. 288.]
(2293-38) SEC. 8. [Engineer's duties.] It shall be the duty of the
city engineer of such city to furnish to said commissioners the proper grades
and lines, and to see that the work is done in accordance with the ordinance
and regulations of the city as to the grades and lines. [87 v. 288.]
(2293-39) SEC. 9. [Acceptance of work.] As soon as the grading
and paving of said street, avenue or highway, or any section thereof, shall
have been completed to the satisfaction of said commissioners, they shall
notify the city engineer of the fact, and said street, avenue or highway, or part
thereof, shall thereafter be under the control of said board of city commis-
sioners. [87 v. 288.]
(2293-40) SEC. 10. [Material removed belongs to city.] All
material necessary to be removed from any street, avenue or highway, where
such improvement is to be made, shall belong to the city, and shall be taken
up and removed from the line of work and be deposited where said board of
city commissioners shall direct. [87 v. 288.]
(2293-41) SEC. 11. [Cost assessed.] Except as provided in section
12 [§(2293—42)] of this act, the cost of any such improvement shall be assessed
equally by the bounding and abutting foot upon the property bounding and
abutting upon said improvement, whether such property bounds or abuts end-
wise or sidewise upon said improvement, except that at the intersections of
streets, avenues and highways the cost of such improvement shall be paid by
the city at large, as hereinafter provided. [91 v. 483; 87 v. 288.]
(2293-42) SEC. 12. [Cost if street railroad in street.] On all
streets, avenues and highways upon and along which any street railroad has
been constructed and is being operated, or may hereafter be constructed and
operated, the cost of any such improvement shall be assessed and paid as
follows, to wit: The cost of that part of such improvement lying within the
tracks of such railroad and for the space of not less than eighteen inches on
either side of the same, and where there are double tracks also that part of
such improvement lying between such double tracks, including the intersec-
tions of streets, avenues and highways, shall be assessed against and paid by
such street railroad company or companies. The cost of the residue of such
improvement upon any such streets, avenues or highways shall be assessed
equally by the bounding and abutting foot upon the property bounding and
abutting upon said improvement, whether said property bounds or abuts end-
wise or sidewise upon said improvement, as provided in section 11 [§(2293-41)]
of this act, except at the intersections of such streets, avenues and highways
the expense of such improvement lying without such railroad tracks, and for
the space of eighteen inches on either side thereof, shall be paid by the city at
large, as provided in section 11 [§(2293-41)] of this act. [91 v. 483; 87 v. 288.]
(2293-43) SEC. 13. [Bonds; interest; where payable; sale.] For
the purpose of providing for the payment of the cost and expense of said im-
provements, the said commissioners shall be authorized, from time to time, as
the work progresses, to issue the bonds of the said city in such sums as they
may deem best, and it shall be the duty of said commissioners to make and
execute bonds in the name of said city to an amount not exceeding the amount
of the contracted price of said work and the incidental expenses attending
the same.
Said bonds shall bear the name of the street, avenue or highway
1130
§ (2293-44).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
improved, they shall be signed by the president of the board of city commis-
sioners and countersigned by the city auditor and sealed with the seal of said.
city auditor. They shall bear interest at a rate not exceeding seven per centum
per annum, payable semi-annually from date; the principal and interest to be
payable at such place as may be designated by said city commissioners. Said
commissioners shall be authorized to negotiate and dispose of said bonds in
the manner as is provided in section 2709 of the Revised Statutes, and for
such prices as may be obtained for the same, not less than par, and shall pay
all moneys received therefrom to the treasurer of said city, and report to the
city auditor the number of bonds sold and the amount received therefor.
[87 v. 288.]
(2293-44) SEC. 14. [Special issue of bonds authorized; tax.] In
order to provide a fund for carrying on said improvement and paying so much
of the cost thereof, as is herein provided to be paid by the city at large, it shall
be lawful for said board of city commissioners to issue bonds, in an amount
not to exceed the sum of one hundred and fifty thousand ($150,000) dollars,
in the name of said city; said bonds shall be issued from time to time, as the
work progresses, and in such denominations as may be determined by said
commissioners, and shall be made payable in not less than ten and not more
than thirty years from the date of their issue and bear interest at a rate not
exceeding five per centum per annum. Said bonds shall be signed by the pres-
ident of said board of city commissioners and attested and sealed by the city
auditor, and shall be secured by the pledge of the faith of the city and the
tax which it shall be the duty of the city council of said city annually to levy
upon all the taxable property of said city, and certify the same to the county
auditor upon a certificate to that effect from the said board of city commis-
sioners as to the amount necessary to pay thereon, and to provide a sinking
fund for the final redemption of said bonds. Said tax shall be in addition to
the amount now authorized to be levied for municipal purposes. [87 v. 288.]
(2293-45) SEC. 14a. [Additional bonds and for what.] In order to
provide an additional fund for carrying on said improvements provided for in
said act, passed April 24, 1890, and to construct storm-water sewers, drains,
culverts, man-holes, and catch-basins upon streets or avenues paved or about
to be paved or upon streets or avenues upon which they are rendered necessary
by the paving of other streets or avenues, and to pay so much of the cost of
said improvements as is provided in said act of April 24, 1890, shall be paid by
the city at large and to pay the cost of said sewers, drains, culverts, man-holes
and catch-basins it shall be lawful for the board of city affairs of any such city,
and said board is hereby empowered to issue bonds in the name of said city, ad-
ditional to the bonds authorized by section 14 [§(2293-44)] of said act of April
24, 1890, in any amount not to excced the sum of five hundred thousand dollars;
said bonds shall be issued from time to time as the work progresses in such denom-
inations as may be determined by said board of city affairs, and shall be made
payable in not less than ten nor more than thirty years from the date thereof,
and shall bear interest at a rate not exceeding five per centum per annum,
payable semi-annually. Said bonds shall be signed by the president of said
board of city affairs, and attested and sealed by the city comptroller, and for
the payment of said bonds and the interest thereon, the city council of such
city shall levy a tax, and in addition in rate and amount to all other taxes
authorized by law, every year during the periods the bonds have to run,
sufficient in amount each year to pay the bonds due that year and the accru-
ing interest, and any funds that are or may be in the treasury of such city,
arising from the sale of bonds issued under this act, or under said original
act passed February 3, 1893, may be used by said board of city affairs for the
construction of storm-water sewers, drains, culverts, man-holes and catch-
1131
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2293-46).
basins in such city upon streets and avenues as aforesaid. [92 v. 616; 90
L. L. 368.]
(2293-46) SEC. 15. [Moneys to be in separate fund.] All moneys
so received by the city treasurer shall be kept by him in a separate fund and
shall be paid out by him as provided in section 1707d-27 of the act passed by
the general assembly of Ohio, March 18, 1890, entitled an act to amend and
supplement section 1707, as amended March 21, 1887, of the Revised Statutes
of Ohio. [87 v. 288.]
(2293-47) SEC. 16. [Cost to be assessed and on what property.
When the improvement herein provided for shall have been completed, it shall
be the duty of said board of city commissioners, or of their successors in office,
to ascertain the entire amount of the bonds sold by them and the interest
thereon to the first day of October preceding, which shall be taken to be the
cost of said improvement. Said cost shall then be assessed equally by the
bounding and abutting foot upon the property bounding and abutting upon
said improvement, whether said property bounds or abuts endwise or sidewise
upon said improvement. And they shall also designate therein the name of
any street railroad lying upon or along the line of such improvement and the
amount, if any, assessed against the same. [91 v. 483; 87 v. 288.]
(2293-48) SEC. 17. [Plat and publication of assessments. Said
commissioners shall cause a plat of said street, avenue or highway to be pre-
pared, showing the separate lots of ground and the names of the several own-
ers, and shall make, or cause to be made, a list or schedule of the names of all
owners and the amount assessed against each lot or piece of ground, and they
shall likewise designate therein the name of any street railroad or railroads
lying upon and along the line of such improvement and the amount, if any,
assessed against and to be paid by the same. They shall give two weeks'
public notice by advertisement in two newspapers of opposite politics in such
city, of the time and place where, for the period of twenty days thereafter,
the same may be seen for the correction of errors, and after having corrected
such errors as may be made known to them they shall file the same in the
office of the city auditor and shall deliver a copy of said plat and schedule to
the auditor of the county in which said city is situated. [87 v. 288.]
(2293-49) SEC. 18. [Payment of assessments.] Said assessment
shall be placed upon the duplicate of the county and shall be payable at the
office of the county treasurer in ten equal annual installments, with interest,
at a rate not to exceed seven per centum per annum, upon the unpaid portion
thereof, the first of which, with interest on the whole amount, at not to ex-
ceed seven per cent., shall be payable at the first semi-annual payment of
taxes next succeeding the time said assessment is placed on said duplicate, and
the other annually thereafter, with interest on the installments not due at .
the time until all are paid, and said assessment shall be collected like other
taxes. [87 v. 288.]
(2293-50) SEC. 19. [Lien of assessment.] Said assessments, with
the interest accruing thereon, shall be a lien upon the property bounding and
abutting upon said improvement, whether said property bounds or abuts end-
wise or sidewise upon said improvement, and also upon the property of any
such street railroad, from the commencement of the work, and shall remain a
lien until fully paid. They shall have precedence over all other liens, and
shall not be divested by any judicial sale. [91 v. 483; 87 v. 288.]
(2293-51) SEC. 20. [Collection before work done; deficiency.] The
board of city commissioners may, if it deems expedient, cause the assessments
to be made and collected before the work is done or contracted for, and if an
assessment proves insufficient to pay for the improvement and expenses inci-
dent thereto the said board of city commissioners may, under the limitations
1132
(2293-52).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
prescribed for such assessment, make an additional pro rata assessment to
supply such deficiency. [87 v. 288.]
(2293-52) SEC. 21. [Right to pay in full; fund; loan if deficiency.]
Any owner of property against which an assessment shall have been made for
the cost of said improvement shall have the right at any time prior to the
issuing of the bonds therefor to pay the same in full, with the interest, if any,
then accrued thereon, at not to exceed seven per cent. from the time said as-
sessment was so made; or after having paid one or more of said ten install-
ments and the interest, he may, at any time, pay the balance of his assess-
ments remaining unpaid, including interest in full. All moneys received from
such assessments shall be appropriated under the direction of the board of
city commissioners of such city to the payment of the interest and redemption
of the bonds which may be issued for said improvement, and if any interest
shall become due on said bonds where there is no fund to pay the same, the
city commissioners shall be authorized to make a temporary loan for the pur-
pose of paying the same. [87 v. 288.]
(2293-53) SEC. 22. [Common pleas jurisdiction.] The court of
common pleas shall have jurisdiction to enforce payment of such assessments,
notwithstanding the amount involved shall be less than that to which the
jurisdiction is limited in other cases, and such courts may make such special
rules concerning the class of cases authorized by this act for the collection of
such assessments as will tend to expedite their disposition and prevent un-
necessary cost. [87 v. 288.]
(2293-54) SEC. 23. [Owners defined.] The term "owners" in this
act shall be so construed as to include all corporations, public, private and
municipal. [87 v. 288.]
(2293-55) SEC. 24. [Curative.] No mistakes in the description of
the property or in the name of the owner shall vitiate the lien. [87 v. 288.]
(2293-56) SEC. 25. [Improving part of street.] A part or section
of a street may be improved under this act as well as an entire street, avenue
or highway. [87 v. 288.]
Dayton act as to viaduct over canal and under railway, see 88 v. 490.
Repealed as to Hamilton, 88 v 438.
PIQUA.
(2293-57) SEC. 1. [Piqua and Hamilton authorized to pave and
assess cost.] In cities of the third grade of the second class, having a popu-
lation at the last federal census of seventeen thousand five hundred and sixty-
five, and in cities of the fourth grade of the second class, having a population
at the last federal census of nine thousand and ninety, the city councils of any
such cities shall have authority to cause any of the streets or avenues, or parts
thereof of said city, to be paved with granite, or other stone block, asphalt,
vitrified brick, or other permanent material, and the alleys thereof, or any part,
with cobble-stones or boulders, and wherever needed in connection therewith
to curb and gutter said streets, avenues or alleys, and to ordain that said im-
provement shall be paid for and assessed upon the property abutting on the
same in accordance with the various provisions of this supplement, and in ac-
cordance with the various provisions of law now enacted or hereafter enacted
applicable thereto and not inconsistent with this act. [88 v. 184.]
(2293-58) SEC. 2. [Bonds.] In order to provide for the payment of
the costs and expenses of said improvements to be assessed on the abutting
property, the councils may, from time to time (as such improvement pro-
gresses), issue the bonds of such cities in such sums as will be required, in all
to an amount not exceeding the contract price of the work and the other ex-
1133
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2293—59).
penses attending the same, and interest as hereinafter provided for; said bonds
shall be issued as other bonds of such cities are issued, but they shall bear the
name of the street, or avenue, or alley to whose improvement they are issued,
and shall state therein that they are to be paid by an assessment upon the
property abutting on the said improvement; said bonds shall extend over a
period of at least eight years, to be provided in the ordinance directing the im-
provement; they shall bear interest at a rate not exceeding six per cent. per
annum, payable semi-annually, on the first day of July and January, and
principal and interest payable at the office of the city treasurer. [88 v. 184.]
(2293-59) SEC. 3. [Sale of bonds; proceeds; costs: how assessed.]
The said bonds shall be negotiated at not less than par, as the other bonds of
such cities are negotiated, and the proceeds shall be applied solely to pay for
said improvement, and the proceeds thereof shall only be paid upon the certifi-
cate of the city engineer and superintendent herein provided for, that the work
has been done according to the contract. When the whole work is done, the
amount of the bonds sold to pay for the same, and the interest thereon to the
next interest day, when assessments can be collected as hereinafter provided to
pay the same, shall be taken as the cost of said improvement to be paid by the
abutting property owners, and that amount shall be assessed equally by the
front foot of property fronting or abutting on the said improvement. [88 v. 184.]
(2293-60) SEC. 4. [Payment of assessments.]
[Payment of assessments.] Such assessment
shall be placed upon the tax duplicate, and shall be payable in equal install-
ments to meet said bonds provided for in the ordinance ordering said improve-
ments, at the county treasurer's office, with interest at the rate provided in said
bonds, payable semi-annually, from the date to which such semi-annual in-
terest was computed, on the amount of said bonds, or so much as remains un-
paid, from time to time, until all said bonds and interest are fully paid. [88
v. 184.]
(2293-61) SEC. 5. [Assessments to be lien.] Such assessments,
with the interest accruing thereon, shall be a lien on the property abutting
upon the street, avenue, or alley from the time the contract is entered into for
the making of said improvement, and shall remain a lien until fully paid,
having precedence of all other liens except taxes, and shall not be divested by
any judicial sale unless the payment of the same is provided for from the pro-
ceeds of such sale; provided, such lien shall be limited to the usual depth of
the lots or lands abutting on said improvement. No mistakes in the descrip-
tion of the property or the name of the owner or owners shall impair the said
lien. [88 v. 184.]
(2293-62) SEC. 6. [Right to pay at any time.] Any owner of prop-
erty against whom an assessment shall have been made for such improvement
shall have the right to pay the same, or any part yet remaining unpaid, in
full, with interest thereon, to the next semi-annual payment due on said as-
sessment; such payment shall discharge the lien on the property. If any
owner shall subdivide any abutting property after such lien attaches, he may
discharge the same upon any part thereof in like manner. [88 v. 184.]
(2293-63) SEC. 7. [Proceeds; temporary loans.] All moneys re-
ceived from such assessments shall be appropriated by the proper authorities
of the cities solely to the payment of the interest and the redemption of the
bonds issued for said improvement, or any renewal thereof. If any bond or
interest shall be due, and no money is in hand to pay the same, the cities shall
be authorized to make a temporary loan to pay the same; but such lien shall
continue in full force on the abutting property for the full assessments not
paid, and accruing interest for such temporary loan, in behalf of such city.
[88 v. 184.]
1134
§ (2293—64).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
(2293-64) SEC. 8. [Street commissioners and superintendent to be
appointed.] When such ordinance is enacted, the councils of such cities of
the third grade of the second class, having a population at the last federal
census of seventeen thousand five hundred and sixty-five, and in cities of the
fourth grade of the second class, having a population at the last federal census
of nine thousand ninety may designate two or more owners of property abut-
ting on said improvement, who with the city civil engineer, shall constitute a
board, which, after the contract for the improvement has been made by the
council under section 2303, may elect a superintendent who shall see that the
said contract is performed according to its true intent, and all orders of the
engineer in furtherance thereof are obeyed. When completed the said super-
intendent and engineer shall certify to the same, and shall make a proper plat
and assessment for said improvement on the abutting property. The property
owners on such board shall serve without compensation, but the superintendent
shall be paid such compensation as shall be agreed upon by said board, and
such payments shall be a part of the costs of said improvement thereof. [89
v. 184.]
(2293–65) SEC. 9. [Irregularities not to invalidate.] In any action
to enforce or enjoin any assessment, the court shall disregard any irregularity
or defect, whether in the proceedings of the said board or council, or board of
improvements, if one is created, or any officer of the corporation, or in the
plans or estimates; and the acceptance of the work by the council upon the
certificate of the superintendent or city engineer shall be presumptive evidence
that the contract has been complied with, and the assessment exists; but if it
be shown that there is any substantial defect of the improvement, or any fraud
in the contract price of the work or materials, the court may order such de-
duction therefor from the cost of said improvement, and such deduction shall
be ratably deducted from the assessments on all the property abutting on said
improvement, and the court may make such order in regard to the costs, where
such substantial defect or fraud is found, as to the court shall seem proper.
[88 v. 184.]
(2293-66) SEC. 10. [Question to be voted on.] Before any bonds.
are issued, or taxes levied, the council by resolution passed therefor, shall sub-
mit the question of issuing the said bonds to the voters of the municipal cor-
poration at a general state, municipal or special election, and not less than ten
days' notice of the submission shall be given in one or more newspapers
printed therein, stating the purpose for which they are to be issued, and the
time and place of holding the election, and if a majority of the voters voting
at such election upon the question of issuing the bonds vote in favor thereof,
then, and not otherwise, the bonds shall be issued and the taxes levied. Those
who vote in favor of the proposition shall have written or printed on their
ballots "For the issue of bonds for street improvement," and those who vote
against the same shall have written or printed on their ballots the words
Against the issue of bonds for street improvement." [88 v. 184.]
(2293-67) SEC. 11. [Board of improvements may be created, etc.]
Council may, if it deems it expedient and necessary, create by ordinance a
"board of improvements" to consist of not more than three members, who
shall serve until said improvements are completed, and who shall be freeholders
and electors of the city; and the members of said board shall receive such
compensation for their services as the council by ordinance shall fix. Said
members of said board shall qualify by taking the official oath, and each giving
a bond acceptable to the council, which bond shall be in a sum not less than
fifty thousand dollars ($50,000); for official misconduct any member may be
removed by council, and council may fill all vacancies from whatever cause
made. [88 v. 184.]
1135
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2293-68).
(2293-68) SEC. 12. [City may pay part.] Council if it deem it ex-
pedient and for the best interests of the city, may cause a portion of said im-
provement to be paid for by the city, and in that case shall assess the cost and
expense of said improvement as follows: The cost and expense of said
improvement, less the cost and expense of improving street intersections, the
civil engineer's costs and one-fourth of the entire cost and expense, to be
levied and assessed upon each and every front foot of the several lots or parcels
of land bounding or abutting upon the street improved. [88 v. 184.]
(2293-69) SEC. 13. [Bonds; sale; interest.] To provide the means
to pay the city's portion in section 12 [$(2293-68)] of this act (if said plan in
said section 12 [§(2293--68)] of this act is decided upon), the city is hereby
empowered and authorized to issue and sell its bonds in any sum not exceeding
two hundred and fifty thousand dollars ($250,000). Council shall issue said
bonds in conformity to section 2706, of the Revised Statutes of Ohio, and sell
said bonds under provisions of the statutes in such cases made and provided;
said bonds with interest coupons attached shall by council be issued in amounts
and in denominations such as they may deem necessary; said bonds shall bear
a rate of interest not exceeding 6 per cent. per annum, interest payable semi-
annually, and the principal and interest payable at the city treasurer's office;
said bonds to run for a period not to exceed fifty years from date of issue
thereof. [88 v. 184.]
(2293-70) SEC. 14. [Tax.] For the payment of said bonds issued
under the preceding section the municipal council may levy a tax, in addition
to the amount otherwise authorized, every year during the period the bonds
have to run, sufficient in amount each year to pay the bonds falling due within
that year, and accruing interest. [88 v. 184.]
(2293-71) SEC. 15. [Vote.] The vote on the question of issuing
bonds, as provided for in section 10 [§(2293—66)] of this act, shall be deemed
and held to be a vote for the issuing of bonds under section 13 [S[2293-69)]
of this act. [88 v. 184.]
(2293-72) SEC. 16. [Sewering before improving.] No improvement
by grading and paving shall be commenced or made upon any street, or part
thereof until a complete system of sewerage, giving plans, specifications, pro-
file, and estimate of cost, has been adopted by council, and until the sewer
has been made and completed on the said street. But this section shall not
apply to cities of the fourth grade of the second class having a population at
the last federal census of nine thousand and ninety. [88 v. 184.]
(2293-73) SEC. 17. ["Owner" defined.] The term "owner" in this
act shall be construed to include all corporations, private, public, state, county
or municipal. [88 v. 184.]
(2293-74) SEC. 18. [Section 2270 does not apply.] That section
2270 of the Revised Statutes of Ohio, as amended April 25th, 1885 (82 vol.,
p. 155), shall not apply to any improvement of streets and alleys ordained to be
made under this act. [88 v. 184.]
IN GENERAL.
SEC. 2294. [Special duty of courts.] The court of common pleas and
superior courts shall have the jurisdiction authorized by this chapter for the
collection of any charge or debt, or the enforcement of any lien, notwithstand-
ing the amount involved shall be less than that to which the jurisdiction is
limited in other cases; and those courts may make such special rules concern-
ing the class of cases authorized to be brought under this chapter as will tend
to expedite their disposition, and prevent unnecessary costs. [66 v. 242, §553.]
When a party seeks, in equity, to enjoin the collection of an assessment standing against him or his
property on the duplicate of the county treasurer, on the ground that it was illegally made, but which it
1136
§§ 2295-2300.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
was within the power of the board or tribunal causing it to be placed there to levy, he must show its in-
validity by proper averment and proof. The assessment will be held valid until the contrary is made to
appear: Bolton v. Cleveland, 35 O. S. 322.
See note to Fremont v. Hayes et al., 4 N. P. 379, under ? ? 2265.
SEC. 2295. [Unpaid assessments to be certified to auditor.] The
council may order the clerk or other proper officer of the corporation to
certify any unpaid assessment or tax to the auditor of the county in which
the corporation is situated, and the amount of such assessment or tax so certi-
fied, shall be placed upon the tax-list by the county auditor, and shall, with
ten per cent. penalty to cover interest and cost of collection, be collected with
and in the same manner as state and county taxes, and credited to the corpora-
tion; provided, that the said ten per cent. penalty shall in no case be added
unless at least thirty days shall intervene between the date of the publication
of the ordinance making the levy and the time of certifying the same to the
county auditor for collection. [1883, March 7: 80 v. 52; Rev. Stat. 1880; 66 v.
243, 554.]
If the provisions of the law as to advertising for bids have not been complied with, the penalty can not be
collected: Upington v. Oviatt, 24 O. S. 232. See further, as to the construction of this section, Cincinnati,
etc., R. Co. v. Sullivan, 32 O. S. 152.
See note to Horn v. Columbus, 1 C. C. 337, under ? 2303, and see Hartman v. Hunter, 8 C. C. 623, 634; 10.
D. 45.
See note to Fremont v. Hayes et al., 4 N. P. 379, under ? 2265.
A county auditor is not entitled to compensation from a city for preparing, at its request, a special de-
linquent assessment duplicate and distributing and apportioning the assessments: Marshall v. Wooster,
Supreme Court, without report, 38 W. L. B. 170.
SEC. 2296. [Payment and application of assessments; disposition of
unclaimed excess of assessments in Cleveland.] Assessments placed upon
the tax list, under the provisions of this chapter, shall, when collected, be paid
to the treasurer of the corporation, and be applied by the council only to the
purposes of the improvement for which they were made; provided, that in
cities of the second grade of the first class, if any part of the excess mentioned
in section two thousand three hundred remain unclaimed by the person who paid
it for the period of two years after the completion of the improvement, said
part of said excess may be used in such manner, and applied to such purposes,
as the council may direct. [1888, March 8: 85 v. 74; Rev. Stat. 1880; 66 v. 243,
$555.]
SEC. 2297. [Duration of lien, etc.] The lien of an assessment shall
continue two years from the time the same is payable, and no longer, unless
the corporation shall, before the expiration of the time, have caused the same
to be certified to the auditor of the proper county, for entry upon the tax-list,
for collection, or shall have caused the proper action to be commenced in some
court having jurisdiction thereof, to enforce such lien against such lots or lands,
in which case the lien shall continue in force so long as such assessment
remains on the tax-list uncollected or so long as such action is pending, and any
judgment obtained, under and by virtue thereof, remains in force and unsatis-
fied. [66 v. 243, § 556; (S. & S. 837).]
See, as to the limitation of actions to enforce assessments, Reynolds v. Green, 27 O. S. 416; Brenchweh v.
Drake, 31 O. S. 652; Bonte v. Taylor, 24 O. S. 628.
This lien distinguished from that enforcible under 1104: Hartman v. Hunter, 8 C. C. 623, 629; 10.
D. 45.
See note to Fremont v. Hayes et al., 4 N. P. 379, under ? 2265.
SEC. 2298. [When new action may be commenced.] If an action is
commenced within due time, and a judgment therein for the plaintiff is reversed,
or if the plaintiff fails in such action otherwise than upon the merits, and the
time limited for the same has expired, [a new action may be commenced with]-in
one year after such reversal or failure. [66 v. 243, § 557.]
SEC. 2299. [Collection of assessment in advance.] The council may, if
it deems expedient, cause the assessments to be collected before the work is done
or contracted for. [66 v. 243, § 558.]
SEC. 2300. [Deficiency or excess of assessments.] If an assessment
proves insufficient to pay for the improvement and expenses incident thereto,
1137
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2300-1).
the council may, under the limitations prescribed for such assessment, make an
additional pro rata assessment to supply such deficiency; and in case a larger
amount is collected than is necessary, the same shall be returned to the persons
from whom it was collected, in proportion to the amounts collected from such
persons respectively; but this section shall be subject to the limitations con-
tained in other sections of this chapter. [66 v. 243, § 559.]
(2300-1) SEC. 1. [Assessment for improvement; providing for
payment of assessments; proviso; Cincinnati bonds to pay deficient as-
sessments.] Whenever, in any city of the first grade of the first class, an
assessment for an improvement has been delivered to any person in payment
for such improvement, and the value of the lots or lands assessed shall have
been established in an action to subject said lots or lands to the payment of
such assessment, and the corporation is unable to pay, out of the general rev-
enue, the cost of such improvement in excess of twenty-five per centum of
the value of such lots or lands so ascertained, the board of city commissioners
of such city shall authorize its president and the city auditor to execute, sign,
and issue the bonds of said corporation, payable in ten years from the date of
their issue, to bear not less than four nor more than six per cent. per annum
interest, interest payable semi-annually, for the remainder of any such assess-
ments in excess of twenty-five per centum of the value of such lots or lands;
said bonds to be received at par by the contractor or his assignee, or said bonds
may be sold at not less than par, and the proceeds applied to the payment of
such indebtedness; and the said board of city commissioners shall annually
certify to the council a tax levy, sufficient to pay the one-tenth part of the
principal and interest of said bonds, to provide a fund, which shall be paid
into the sinking fund for the redemption of said bonds and interest: pro-
vided, however, that the amount of bonds so issued shall not exceed the sum
of forty thousand dollars, and that the rate of the annual tax levy shall not
be increased thereby. [76 v.
[76 v. 114.]
See ? 2271.
(2300-2) SEC. 1. [Further issue of bonds to pay claims where
assessments have been in excess of twenty-five per cent. of value of
property.] The board of public works of said city may authorize its president
and the city auditor or comptroller to execute, sign, and issue such further
number and amount of bonds of said corporation as may be necessary to pay
any unpaid balance of claims provided for in the act to which this is supple-
mentary, and any unpaid claims of the same character; said bonds to be made
payable in ten years from the date of their issue, and to bear not less than
four nor more than six per cent. per annum interest, interest payable annually,
said bonds to be received by the contractor or his assignee at par, or they may
be sold at not less than par, and the proceeds applied to the payment of such
indebtedness: provided, however, that the amount of the bonds herein ad-
ditionally authorized to be issued shall not exceed the sum of twenty-five
thousand dollars. [77 v. 101.]
(2300-3) SEC. 2. [Sinking fund for payment of such bonds and
interest.] Said board of public works shall annually certify to the council a
tax levy sufficient to pay the one-tenth part of the principal and interest of
said bonds, to provide a fund which shall be paid into the sinking fund of said
city for the redemption of said bonds and interest: provided, however, that
the rate of the annual tax levy shall not be increased thereby. [77 v. 101.]
See ? 2271.
SEC. 2301. [Expense of changing established grades: how paid;
Toledo.] That when a street, alley, public highway, wharf or landing, within
the corporation, is graded, or pavements are constructed in conformity to
grades established by the authorities of the corporation, and the expense is
73
1138
$$ 2302-2303.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
assessed on the abutting lots or lands, the owners shall not be subject to any
special assessment occasioned by any subsequent change of grade in such pave-
ment, street, alley, public highway, wharf or landing, unless a petition for such
change is subscribed by a majority of the owners of such lots or lands; and the
expense of all improvements occasioned by such change of grade not so peti-
tioned for shall be chargeable to the general fund of the corporation; provided,
that in cities of the third grade of the first class a petition for such change sub-
scribed by the owners of a majority of the feet front of such lots or lands shall
have the same effect as when subscribed by a majority of said owners. [1888,
April 5: 85 v. 158; Rev. Stat. 1880; 66 v. 243, § 560; (S. & S. 838).]
Where a street was improved by a road district and expenses assessed on abutting property, a new
improvement, after annexation to the city, if caused by changing the grade, can not be charged on the same
property: City for use of McErland v. Monfort (Ham. Dist. Court), 3 W. L. B. 451.
Held to apply to sidewalk, pavement: City for use, etc. v. Gay (Ham. Dist. Court), 11 W. L. B. 145.
Grading and changing grades are lawful modes of improving: R. R. v. Defiance, 52 O. S. 262, 300.
But damages for a change of grade not specially benefitting abutting property, and made to conform
the grade to the general system of grades, and the expense thereof can not be assessed back on the abutting
property: Bartley v. Cincinnati, 8 C. C. 226; 1 O. D. 670.
In changing a grade of a street, special benefits accruing the property may be deducted and no damages
can be allowed for loss of rent, inconvenience, etc., but only as to the injury to the building: Lotze et al. v.
Cincinnati, 4 N. P. 311.
SEC. 2302. [Added territory.] The provisions of this chapter shall
embrace territory added to the corporation by annexation or otherwise. [66 v.
244, § 561.]
SEC. 2303. [Proceedings in improvements and repairs.] When the
corporation makes an improvement or repair provided for in this chapter, the
cost of which will exceed five hundred dollars, it shall proceed as follows:
First-It shall advertise for bids for the period of two weeks, or if the esti-
mated cost exceed five thousand dollars, four weeks, in two newspapers pub-
lished in the corporation, or one newspaper, if only one is published therein;
or by posting advertisements in three public places in the corporation, if no
newspaper is published therein.
Second-The bids shall be filed with the clerk of the board of improvements
or board of public works (city commissioners), as the case may be, sealed up,
by twelve o'clock at noon on the last day, as stated in the advertisement.
Third-The bids shall be opened at twelve o'clock at noon on the last day
for filing the same, by the clerk, the mayor, the civil engineer and the assistant
civil engineer, or any two of them, and publicly read by the officer opening the
same, and filed in the office of the clerk, and shall be reported by the clerk of
the council, board of improvements, or board of public works (city commis-
sioners), as the case may be, at the next regular meeting thereafter.
Fourth-Each bid shall contain the full name of every person interested in
the same, and shall be accompanied by a sufficient guaranty of some disinter-
ested person, that if the bid is accepted a contract will be entered into and the
performance of it properly secured.
Fifth-If the work bid for embraces both labor and material, they shall be
separately stated, with the price thereof.
Sixth-None but the lowest responsible bid shall be accepted, when such
bids are for the labor or material separately; provided, that when the character
of the material of the improvement has not been determined upon before the
bids are received, that the lowest responsible bid for the improvement with the
material determined upon after the bids have been received, shall be accepted;
but the council may, in its discretion, reject all the bids, or it may, at its dis-
cretion, accept any bid for both labor and material which may be the lowest
aggregate cost of such improvement or repairs.
Seventh-The contract shall be between the corporation and the bidder, and
the corporation shall pay the contract price for the work in cash; provided,
however, that the contract price may be paid in assessments, as the council, in
1139
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ 2303a.
its discretion, may have previously determined; and suits to recover or enforce
such assessment may be brought in the name of the corporation.
Eighth-If two or more bids are equal in the whole or any part thereof, and
are lower than any others, either may be accepted; but in no case shall the
work be divided between them.
Ninth-When there is reason to believe there is collusion or combination
among the bidders, or any number of them, the bids of those concerned therein
shall be rejected. [1889, April 15: 86 v. 341; 78 v. 54; Rev. Stat. 1880; 70 v.
83, § 562.]
Section 2 of the act of 1889, April 15 (86 v. 341), which intends to repeal 2303 as
amended 1881, March 16, describes the section, by a misprint, as 3203.
See ? (1545-77) and note.
A separate bid may be accepted on each class of work, but must be the lowest in its aggregate, but an
entire bid is not divisible and can not be considered in part: Hubbard v. Sandusky, 9 C. C. 638; 3 O. D. 654,
and see 2 794 and 39 O. S. 188.
Provisions as to advertising for bids are designed for the protection of the tax-payer, and are peremptory:
Upington v. Oviatt, 24 O. S. 232. Publication in a "newspaper," in the absence of a provision to the contrary,
means a publication in the English language: Cincinnati v. Bickett, 26 O. S. 49. Bidding-discretion of boards
in letting contracts: State v. Directors, 5 O. S. 234; State v. Commissioners of Printing, 18 O. S. 386; Beaver v.
Trustees, etc., 19 O. S. 97; State v. Commissioners, 20. S. 425; Boren v. Darke Co., 21 O. S. 311; State v. Yeatman,
22 O. S. 546: State v. Licking Co., Highland Co. v. Rhoades, 26 O. S. 531, 411; Clock Co. v. Commissioners, 31 O. S.
415. Combination among bidders: Breslin v. Brown, 24 O. S. 565; Hubbard v. Norton, 28 O. S. 116. See, also, as
to the construction of this section, Gest v. Cincinnati, 26 O.S 275.
Section 562 of the Municipal Code, now ? 2303, Revised Statutes, which required the corporation to adver-
tise for bids when the cost of an improvement exceeded five hundred dollars, had no application to an improve-
ment of a public park belonging to the corporation: Walsh v. City of Columbus, 36 O. S. 169.
The acceptance of a bid legally made only gives to the bidder a right to a contract embracing the stipula-
tions, expressed or implied, in the records or files relating to the improvement, including among them the
notice, the plans and specifications, the bid, and the resolution of acceptance. Commissioners v. Rhoades, 26
O S. 411, approved and followed: Hughes v. Village of Clyde, 41 O. S. 339.
Publication of the preliminary and other ordinances with respect to a street improvement in a news-
paper of general circulation, in accordance with the terms of the statute, is a valid and legal publication,
although such newspaper is published only on Sunday Hastings v. Columbus, 42 O. S. 585.
Counsel fees and other expenses paid cannot be recovered from the city by the contractor to whom the
city had assigned the assessment as a valid one: Gates v. Toledo, 57 O. S. 105; aff'd, 3 O. D. 124; 10 C. C. 160,
161, which had reversed, 1 Toledo 111; 32 Bull, 78.
No set-off against the assessment for stone sold to the contractor: Wilson v. Cincinnati, 5 N. P. 68, 70.
Advertisement for less than the statutory period renders the contract void: McCloud v. Columbus, 54
O. S. 439; but the curative section (2 2289) applies: Becher v. McCloud, 4 C. C. 305.
Under division 7 of this section, the contractor, on the completion of the work and its acceptance by the
eity, is entitled to have the assessments assigned to him: Horn v. City of Columbus, 1 C. C. 337.
Such assessments are the individual property of the contractor, and neither he nor the city has a right
to have them placed on the tax duplicate for collection. The only remedy given the contractor by the statute
is, that "suits to recover or enforce such assessments may be brought in the name of the corporation:
» Ib.
Bidders can not be required, in addition to the guaranty required by this section that they will enter into
the contract and properly secure its performance, to furnish a written statement by resident freeholders that
they are qualified to and will become sureties: Moore v. City of Cincinnati (Cin. Sup. Court, Gen. Term), 15
W. L. B. 196.
An award to one whose sample brick is not up to requirement, on his promise to use another kind is
unauthorized: Hermann v. State, 11 C. C. 504; 5 O. D. 266.
When a municipality contracts to pay for a sewer put in one of its streets, the cost of which exceeds
$500, such contract is not valid unless it first advertises for bids according to this section: Supreme Court,
Lancaster v. Miller, 39 W. L. B. 409; 58 O. S. 558.
It also must conform to the provisions of 2 2702: Id.
The municipality is not estopped from setting up these defenses. Id.
SEC. 2303a. [When cost exceeds $5,000, character of material for
improvement of streets in certain cities not to be decided until bids are
received; exceptions.] In cities of the third grade of the first class, in any
case in which such improvement or repair will cost to exceed five thousand
dollars ($5,000.00), and such cost, or any part thereof in excess of two-thirds,
is made or is to be made a special assessment on the lots and lands abutting
on the street, avenue, or alley to be so improved or repaired, the character of
the material shall not be determined upon before bids are received, unless in
compliance with written petitions of the owners of a majority of the feet front
of such lots and lands, and shall be so determined upon when such petitions
are presented before the passage of the resolution declaring such improvement
or repair necessary, or before twenty days after service of notices and first pub-
lication of passage of such resolution, unless such material is named in such
published resolution, and for which bids shall be solicited by advertising as
provided in paragraph first of section two thousand three hundred and three; and
when so petitioned for as aforesaid, as many different kinds of material shall
be named in said resolution and bids advertised for, as may be requested in
1140
៨.
§ 2304.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
such petitions; and such material shall be determined upon after the bids are
received as may be so petitioned for as aforesaid, within ten days after the city
engineer has completed for the inspection and examination of those interested
a careful calculation and estimate of the aggregate cost of such improvement or
repairs, under the lowest bid for each kind of material, including for labor, but
the council may, at its discretion, reject all the bids. [1889, April 10: 86 v.241.]
SEC. 2304. [Resolution of necessity; notice; sewers; plans and
profiles; notices in Cincinnati and Dayton.] When it is deemed necessary
by a city or village to make a public improvement, the council shall declare
by resolution the necessity of such improvement, and shall give twenty days'
written notice of its passage to the owners of the property abutting upon the
improvement, or to the persons in whose names it may be assessed for taxation
upon the tax duplicate, who may be residents of the county, which notice shall
be served by a person designated by the council upon such person in the
manner provided by law for the service of summons in a civil action, and
publish the resolution not less than two nor more than four consecutive weeks
in some newspaper published and of general circulation in the corporation;
provided, that in case of sewers, the twenty days' written notice to the
owners of abutting property, or to the persons in whose names the abutting
property is assessed, shall not be required; and, provided, that when there is
no newspaper published in such city or village, written notices shall be posted
in twelve public places in the city or village; and all plans and profiles re-
lating to the improvement shall be recorded and kept on file in the office of
the city civil engineer or clerk, and open to the inspection of all parties in-
terested; and council may appoint a person to serve the notice provided for
by this section, who shall make a return of the time and manner of such service,
and verify the same by affidavit, which shall be filed with the clerk of the
corporation, and the same or a certified copy thereof shall be prima facie
evidence of the service of the notice as therein stated; provided, that in cities
of the first grade of the first class, the power to serve and publish such notice
shall be vested in the board of city commissioners or their successors in office
provided for in the second chapter of this division; and provided, further, that
in cities of the second grade of the second class, the power to serve and publish
such notices, to designate a person to make such service, and to provide for the
return thereof to an officer to be by them designated, shall be vested exclusively
in the board of city affairs of such city. [90 v. 211; 89 v. 91; 67 v. 81, § 563;
73 v. 43, § 10; 76 v. 86, § 43, S. & C. 1545).]
See notes under ? 2315.
Section cited in Parsons v. Columbus, 50 O. S. 460, 469; Cincinnati v. Whetstone, 47 O. S. 196, 205.
The requirement as to notice must be strictly pursued and the record must show that it was in writing:
Cincinnati v. Sherike, 47 O. S. 217.
The resolution declaring the necessity of an improvement does not apply to the appropriation of prop-
erty: Krumberg v. Cincinnati, 29 O. S. 69; Caldwell v. Carthage, 49 O. S. 334; Tyler v. Columbus, 6 C. C. 224.
Not necessary to set out in the record the various items of expense: Longworth v. Cincinnati, 34 O. S. 101.
When, under former laws, the passage of such resolution was a condition precedent, see Welker v. Potter,
18 O. S. 85; Finnell v. Kates, 19 O. S. 405; Smith v. Toledo, Upington v. Oviatt, 24 O. S. 126, 232; Krumberg v.
Cincinnati, 29 O. S. 69; Stephan v. Daniels, 27 O. S. 527; Hubbard v. Norton, 28 O. S. 116.
cinnati.
Quære: Whether Stephens v. Daniels is not in conflict with Upington v. Oviatt and Krumberg v. Cin-
The power to make an assessment under the act of Feb. 21, 1866, was in no wise affected by the failure
to give the notice therein required if no damages were given or claimed: Bolton v. Cleveland, 35 O. S. 321.
If the publication is made in a newspaper published only on Sunday, but of general circulation, such
publication is valid and legal: Hastings v. Columbus, 42 O. S. 585. Johnson, C. J. and Follet, J. dissented.
Form of notice held sufficient: Canton v. Wagner, 54 O. S. 329.
Notice actually received is sufficient though not served strictly as the statute required: Green v. Cincin-
naii, 7 C. C. 233; McGee v. Avondale, 7 C. C. 246.
Failure to give the notice will not relieve the property holder from assessment: Toledo v. McMahon,
9 C. C. 194.
Filing plans and profiles is not required of all improvements-e. g., removing mud and earth and put-
ting on crushed stone: Becher v. McCloud, 4 C. C. 305, 306.
Where original resolution for an improvement was broad enough to cover a retaining wall, and after
the improvement was contracted for and partly finished, such wall was found necessary, it may be con-
structed by separate contract, and separate assessment had therefor: City for use of Crotty v. Shaw (Ham. Dist.
Court), 3 W. Ľ. B. 556.
A petition to enforce an assessment for such improvement which avers that the city council duly
passed and published the ordinance, and that written notice thereof was caused by the city to be duly served
1141
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ 2305.
}
contains, in the absence of a motion to make more definite and as against a general demurrer, a sufficient
averment of the valid passage and publication of the resolution, and the proper service of a valid notice:
Jessing v. Columbus, 1 C. C. 90.
Cited in Ryan v. Cincinnati, 1 C. C. 558. See note to same case under 2315.
No notice is necessary for a sewer improvement: Nitzel v. St. Bernard, 3 N. P. 317; 30. D. 703.
The sewer, when not a necessary part of the street improvement, must be separately assessed and not
included in the street assessment: Id.
Sewers are street improvements and the assessment may be on the instalment plan: Id.
The omission of notice does not invalidate the assessment: Kirby v. Winton Place, 2 O. D. 171.
SEC. 2305. [Improvement on petition in city of second class or vil-,
lage.] On the written petition of the owners of more than two-thirds of the
feet front, on any street or alley, or part thereof, the council of a city of the
second class or village may, after complying with the provisions of the preced-
ing section, and subdivision two of this chapter, when the same are applicable,
provide by ordinance for the improvement of such street or alley, or part thereof,
in the mode set forth in such petition; provided, such improvement does not
involve the condemnation and appropriation of real estate. [71 v. 72, § 435.]
This and next section cited Brewer v. Bowling Green, 7 C. C. 489, 494.
See note to Jessing v. Columbus, 1 C. C. 90, under 2 2304.
One who petitions council to improve a street, representing that he owns a frontage of so many feet, is
not estopped from subsequently setting up, that he owns a frontage of less number of feet where the council
had authority to improve without a petition therefor: Edwards v. Columbus, 36 W. L. B. 263.
Where one petitions for a street improvement, agreeing to pay the entire cost of the same, he cannot
after the improvement is completed, question the legality of the assessment: Nevin et al. v. Dayton, 4 N. P.
203 6 O. D. 291.
Where a petition is signed conditionally by one, such petititioner can not be held if the condition is not
fulfilled: 38 W. L. B. 249, edit.
SEC. 2306. [Board to supervise such improvement.] When such ordi-
nance is enacted, the council of such city of the second class, or village, may
designate two of the petitioners, who, with the corporation engineer, shall con-
stitute a board, which, after the improvement shall have been contracted for
by the council, according to the provisions of this chapter, shall supervise and
control the execution thereof; all orders, reports, certificates, or acts required
of the engineer, or made necessary during the progress of the work, shall be
concurred in by a majority of the board; and the two petitioners selected by
council shall act without compensation. [71 v. 72, §435.]
An acceptance in good faith by the city council of the street improvement, is not conclusive where in
an action by the owner assessed, it is shown that the improvement was not made according to contract and
specifications and was never accepted by the city supervising board, appointed under this section: Hartzell
et al. v. Alliance, Supreme Court, without report, 39 W. L. B. 232.
The court may reduce the assessment to the real value of the improvement: Id.
That the property owner paid part of the assessment instalments, does not prevent him pleading the
facts stated in a suit on the assessment, he having frequently protested against the manner of doing the work
and the city having issued its bonds for the work prior to the construction of the improvement: Id.
WHEREAS, An assessment was levied in the year 1884 upon the real estate
abutting upon east Town street, in the city of Columbus, to pay the expense
of repairing said street; and
WHEREAS, The state is the owner of real estate so abutting, which has a
frontage of 742 feet, but upon which, under existing statutes, no assessment
can be levied; and
WHEREAS, If said premises were subject to assessment, the state's portion
of said expense would have amounted to $1,436.51; and
WE
HEREAS, Because said premises are so exempt, the private owners of real
estate abutting upon said street were obliged to pay said sum of $1,436.51, in
addition to the equitable assessments upon their property, and which does not
constitute a claim the payment of which can be enforced against said city;
therefore,
(2306-1) SEC. 1. [Appropriation and apportionment of same.] The
sum of $1,436.51 is hereby appropriated out of any money in the treasury not
otherwise appropriated, to reimburse the property owners who paid that
amount as stated in the preamble; and said money shall be paid to the
commissioners who had charge of said repairing, who shall apportion the
same equitably among said owners, and pay to each the amount so appor-
tioned. [82 v. 122.]
1142
ASSESSMENTS.
§ (2306-2).
Tit. XII, Div. 7, Ch. 4.
(2306-2) SEC. 2. [When state is liable for street or sewer assess-
ment.] That when an assessment is made by a municipal corporation on
account of the expense of the opening, improvement or repair of a street or
other public way, or of the construction or improvement of a sewer or drain,
and such assessment is levied upon the real estate abutting upon such street
or way, or that is specially benefited by the work on account of which the
assessment is made, and any portion of such real estate is owned by the state
of Ohio, the state shall be liable for an equitable portion of such expense, which
shall be ascertained as hereinafter provided, and assessed and paid accordingly.
[82 v. 122.]
(2306-3) SEC. 3. [Mode of assessing state realty.] That if the
municipal corporation determine to apportion such expense upon the basis of
the frontage of the real estate to be assessed, the property owned by the state
shall be assessed under the same municipal rules as private premises are
assessed; but if it be determined to assess such expense upon premises abut-
ting or specially benefited, in accordance with some standard of valuation, or
upon the basis of benefits to accrue thereto, the amount to be levied upon
premises owned by the state shall be ascertained as provided in section five
[§(2306—5)]. [82 v. 122.]
(2306-4) SEC. 4. [Representatives of state and status of state prop-
erty in case of such improvement.] The state shall be represented for the
purpose of this act, as to each tract of its real estate so situated as to become
liable to assessment in pursuance of the provisions of section two [$(2306-2)]
by the governor, the attorney-general and the officer or board having control of
such tract, whenever duly notified by a municipal corporation of a contemplated
improvement, and may join or refuse to join in any petition of property own-
ers, and the premises represented by them shall be considered, in case of a peti-
tion to the council or other proper authority of such municipal corporation, as
though it were private property, so far as it may count in determining whether
an improvement shall be made. [82 v. 122.]
(2306-5) SEC. 5. [Apportionment to state property of expense of
such improvement and payment of same.] When it is determined by the
municipal corporation to apportion the expense mentioned in section two
[§(2306-2)] otherwise than by the rule of frontage, the representatives of the
state as to any particular premises liable to assessment, and the council or other
proper authority of the municipal corporation, shall apportion to the state proper-
ty such portion of the expense as they deem equitable; such representatives shall
also, when an assessment is made upon property of the state by the rule of
frontage, satisfy themselves that the same is correct, and according to law. The
clerk of the corporation and the representatives shall, in either case, certify the
same to the auditor of state, who shall draw his warrant upon the treasury out
of any funds to the credit of the general revenue fund not otherwise appro-
priated, in favor of the corporation making the improvement provided for in
this act. [82 v. 122.]
(2306-6) SEC. 6. [Sprinkling and sweeping of streets in front of
state property.] When premises owned by the state abut upon any street or
other public way of a municipal corporation, the officer or boards having charge
and control thereof respectively may sign petitions for the sprinkling or
sweeping, or both, of such street or way, and thereby charge the state with its
proper share, according to the rule of frontage, of the expense of such service.
In case any such premises are occupied by a state benevolent or penal institu-
tion, the board having control thereof shall direct the payment of the portion
of such expense pertaining thereto from the money appropriated by the general
assembly for the payment of the general current expenses thereof; and in case
any such premises are otherwise occupied, the officer or board having charge
1143
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2306—7).
thereof shall report the share of such expense pertaining thereto to the general
assembly at its next session after the obligation is incurred, for payment. [82
v. 122.]
(2306-7)
SEC. 7. [Construction, maintenance, etc., of sidewalks
in front of state property.] When premises owned by the state within a
municipal corporation are so situated that sidewalks around them, or along any
portion thereof, or crossings are essential to the convenience and comfort of the
public, the state shall pay its proportion for constructing, manufacturing and
keeping the same clean, to be determined by the laws governing municipal
corporations authorizing or compelling the construction and maintenance of
sidewalks and crossings and the state's proportion shall be paid on the order
of the governor and on the warrant of the auditor, out of any money in the
treasury, and not otherwise appropriated; the same and such improvement
shall be in conformity with the ordinances of the municipal corporation as to
width, grade and curb. The state shall also keep such sidewalks and crossings
clear and in good repair, the expense of such repair to be paid in the manner
provided in the preceding section for the payment of the expense of sprinkling
and sweeping streets. [82 v. 122.]
SEC. 8. This act shall take effect upon its passage; for the purposes men-
tioned herein so much of subdivision three of section two thousand seven hundred
and thirty-two of the Revised Statutes as applies to real property of the state is
hereby declared inapplicable. [82 v. 122.]
SEC. 2307. [Keeping street in repair, planting shade trees, sprink-
ling; petition filed and recorded by city clerk.] On the written petition of
the owners of more than two-thirds of the feet front on any street, or part
thereof, the council of such city of the second-class or village, may provide by
ordinance for keeping in repair, planting and taking care of shade trees, sprink-
ling with water, and sweeping any streets, or part thereof, which have been
improved under any of the provisions of this chapter; and one or more of such
objects may be embraced in one petition or ordinance, and may also be included
in the petition and ordinance for the improvement of such street, or part
thereof; said petition shall be filed and recorded by the clerk of the city, and
shall be operative from and after the date of its record, and the record shall be
presumptive evidence of its contents and the signatures thereto. [1883, Janu-
ary 25: 80 v. 8; Rev. Stat. 1880; 71 v. 72, § 435.]
SEC. 2308. [Who shall constitute board for such purpose; term, and
how vacancy filled.] The council may, in the ordinance referred to in the
preceding section, designate two of the petitioners to act without compensa-
tion, who, with the corporation engineer, shall constitute a board, under whose
supervision and direction the keeping in repair of such street or alley or part
thereof, planting and taking care of shade trees, and sprinkling and sweeping
of such street may be done; said board of commissioners shall be appointed
for the term of three years, and a vacancy arising for any cause may be filled
by said council by appointment from such petitioners for the unexpired term;
the power to appoint a board of commissioners under any one petition shall
cease after the expiration of nine years from the date of its record, but it may
be renewed at any time by another like petition, which, when filed and recorded,
shall have the same force and effect as the first one. [93 v. 38; 80 v. 8; Rev.
Stat. 1880; 71 v. 72, § 435.]
SEC. 2309. [Power to contract.] The board, in carying out the pur-
poses of such ordinance, may make such contracts as it deems best, but no
contract shall be made for a longer period than one year. [71 v. 72, § 435.]
SEC. 2310. [Sprinkling, etc., in cities of the first class.] When the
owner or owners of land fronting or abutting on any highway, namely: street,
avenue, alley or parkway, within any city of the first class of this state, omit
1144
§§ 2310a-2313.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
to provide for and sprinkle with water said highway, or any specified part
thereof, which is petitioned for as herein provided, on or before the first day of
May of each current year, the council of said city may provide by ordinance,
to sprinkle the same at such time and in such manner as it deems proper;
provided, before said ordinance is passed by said city, not less than two-thirds
of all the owners of land fronting and abutting said highway shall first peti-
tion in writing to said city asking that said work be done. [93 v. 254; 71 v.
72, § 435.]
An assessment to sprinkle and clean one street may be made though there is a general levy for street
cleaning: Hunter v. Austin, 9 C. C. 583; 3 O. D. 201.
SEC. 2310a. [Dry strip to be left in sprinkled streets; bicyclist to
have right of way of dry strip; penalty for failing to leave dry strip, or
refusing right of way to bicyclist.] In sprinkling the streets and avenues,
whether by private contract or otherwise, as provided in 2310, a dry strip shall
be left on all streets and avenues, which are not less than twenty feet in width
between curbs; on all streets and avenues paved with asphalt, brick or granite,
said dry strip shall not be less than four feet in width, and on all other streets
and avenues said strip shall not be less than three feet in width. Be it
still further provided, that bicycle riders shall have the right of way on said
dry strip at all times. Any person or persons failing to leave the dry strip in
sprinkling any street as herein provided, or any person or persons obstructing
any bicycle rider or refusing to allow such bicycle rider to have the right of
way of said dry strip as provided herein, shall be deemed to have committed a
misdemeanor and on conviction thereof shall be fined in any sum not exceed-
ing five ($5.00) dollars. [93 v. 254.]
SEC. 2311. [Expenses to be reported to council, and specially as-
sessed.] The boards provided for in sections twenty-three hundred and six and
twenty-three hundred and eight shall make an estimate of the expenses to be
incurred in making any improvement or repair, or performing any work they
are selected to supervise, or of so much as may be necessary in any one year,
and report the same to council, which shall charge the same on the lots or
lands abutting on such street, or part thereof, either according to the valuation
of such lots or lands as listed for taxation, or by the feet front, which charge
may be made by one or more assessments; the payment of such assessments,
with interest, may be enforced by suit in the name of the corporation against
the owners of such lots or lands, or if not paid, they may be certified to the
county auditor, and shall be placed by him on the duplicate, and collected as
other taxes; and the amount thus collected shall be a separate fund for the
exclusive use for which it was assessed, and shall be paid out on the warrant
of the city clerk, upon the approval of a majority of the board. [71 v. 72,
§ 436.]
Cited in Brewer v. Bowling Green, 7 C. C. 489, 495.
SEC. 2312. [Assessment for sprinkling in cities of first class: how
enforced.] In cities of the first class, council may make assessments to pay
the expense of sprinkling, on the lands abutting on such street, or specified
part thereof, either on the valuation thereof, as listed for taxation, or by the
foot front; and such assessment may be enforced by suit against the owner or
occupant of such lands, or part thereof, or certified to the county auditor, and
shall be placed on the county duplicate and collected by the county treasurer,
as other taxes; provided, that this section shall not apply to premises held and
used by any religious society exclusively as a place of public worship, unless
such society shall have joined in the petition for such sprinkling. [71 v. 73,
§ 436.]
SEC. 2313. [Assessment for sprinkling, etc., lien on land charged.]
Every such assessment shall be a lien on the lands charged from the time the
council determines the amount assessed against each parcel of land. [66 v.
221, § 437.]
1145
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
$2314.
SEC. 2314. [Expense of collecting to be added to assessment.] In
placing such assessment on the tax-list, the county auditor is required to add
to each assessment such per centum as he may deem necessary to defray the
expenses of collecting the same. [66 v. 222, § 438.]
COLUMBUS AND TOLEDO.
Repealed as to Columbus, see (93 v. 491).
(2314-1) SEC. 1. [Cleaning and sprinkling of streets; planting
and care of trees on public ways in Columbus and Toledo.] The city coun-
cil of any city of the third grade of the first class, and first grade of the second
class, shall have authority to provide by ordinance, in the manner hereinafter
stated for the repairing, sprinkling, sweeping, and otherwise cleaning of, and
planting and taking care of shade trees in, any of the avenues, streets and
alleys, or any part thereof, which have been improved under any city ordi-
nance, by the construction of any permanent pavement; and any one or more
of such objects may be embraced in any resolution or ordinance for such pur-
pose. [85 v. 126, §1.]
(2314-2) SEC. 2. [Commissioners.] That the city council may by
ordinance appoint two electors of such city, who shall be owners of property
abutting upon the street, avenue or alley to be repaired, sprinkled or cleaned,
or in which trees are to be planted, to serve without compensation, who to-
gether with the city civil engineer shall constitute a board of commissioners
with full power and authority to repair, clean and sprinkle and plant and take
care of shade trees in any such street, avenue, or alley, or any part thereof, the
cost of which, including intersections, shall be a lien upon the abutting prop-
erty, and be estimated, assessed and collected as provided in section twenty-
three hundred and eleven (2311) of the Revised Statutes. [85 v. 126, § 2.]
(2314-3) SEC. 3. [Their terms; vacancies.] That said commission-
ers shall be appointed for the term of three years, and a vacancy arising from
any cause may be filled by the appointment by the council of a person quali-
fied as provided in section two [§(2314-2)] of this act. [85 v. 126, §3.]
COLUMBUS.
For sprinkling, cleaning and repairing streets, ways, buildings, etc., and planting and
caring for shade trees, see ? (1545—197), (the act of 1891, 88 v. 323, beir g repealed thereby,
and also by 93 v. 491).
(2314-4) to (2314-7) [Repealed 93 v. 491; 91 v. 705.]
(2314—8) to (2314-10) [Repealed 93 v. 491; 91 v. 828.]
(2314—11) to (2314—15) [Repealed 93 v. 491; 92 v. 480.]
(2314-15a) SEC. 1. [Cleaning, sweeping and sprinkling of streets,
avenues and alleys in Columbus.] Cities of the first grade of the second class
shall have power and authority to clean, sweep, sprinkle with water and repair
any street, avenue or alley in any such city as hereinafter provided. [93 v. 489.]
(2314-15b) SEC. 2. [Commissioners; term; vacancy.] The board
of public works, or the board or commission possessing or exercising the powers,
rights and privileges of boards of public works, in such cities, shall, before any
steps are taken to cause any of the streets, avenues or alleys in such cities, to
be cleaned, swept, sprinkled or repaired, by resolution appoint two electors,
owners of real estate fronting or abutting upon such street, avenue or alley,
who with the chief engineer of the city shall constitute a board of commission-
ers for such street, avenue or alley, to serve without compensation. Said com-
missioners shall be appointed for the term of one year, and any vacancy in
said board, arising from failure or refusal to act or from any other cause, shall
be filled by the board of public works by the appointment of some person
qualified as above provided. [93 v. 489.]
1146
§ (2314—15c).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
(2314-15c) SEC. 3.
SEC. 3. [Commissioners to file statement with board
of public works; board of public works to determine what necessary to
be done on streets, etc.] The commissioners, appointed as above provided,
shall, ten days after such appointment, in each year, file with the board of
public works in such cities a written statement of the cleaning, sweeping,
sprinkling or repairing that, in their opinion, will be necessary to be done upon
such street, avenue or alley within the period of one year from date; and said
board, from the statements so filed and from such other information as may
come to its knowledge, or upon failure of said commissioners to file such rec-
commendation, may determine what is necessary to be done upon any such
street, avenue or alley within said period. [93 v. 489.]
(2314-15d) SEC. 4. [Letting of contract.] The board of public
works, upon the determination of what is necessary to be done upon any
street, avenue or alley, as provided in the preceding section, shall cause to be
prepared specifications for the performance of such work, and upon the com-
pletion of such specifications, shall advertise, for the period of ten days, in some
newspaper of general circulation in such city, for bids, to do said work, and to
furnish the labor, materials, tools and machinery therefor as provided in said
specifications. Such notice shall state that each bidder will be required to file
with his bid, a bond or a certified check upon some solvent bank, in an amount
acceptable to said board, conditioned that, if his bid is accepted he will enter
into a contract to do the work, and furnish the labor, materials, tools and ma-
chinery necessary therefor, in accordance with his bid and with said specifica-
tions. Said board, upon the opening of the bids, shall determine which is the
lowest and best bid or bids, and may accept such bid or bids, or reject any or
all bids and advertise for new ones. In case of the acceptance of any bid or
bids, said board shall enter into a written contract, with the successful bidder
or bidders, for the cleaning, sweeping, sprinkling or repairing such streets,
avenues or alleys. Said contract shall be in the name of the city, signed by
the president of the board of public works, and when so signed shall be binding
upon such city and not until then. Each contractor shall be required to enter
into a bond with penalty and sureties, satisfactory to said board, conditioned
for the faithful performance of the contract. [93 v. 489.]
(2314-15e) SEC. 5. [When work may be done by city officers.]
If the board of public works in any such city shall be of the opinion that
the streets, avenues or alleys of such city can be cleaned, swept, sprinkled or
repaired cheaper or more advantageously to such city by or through the officers
of such city than by contract, it may so declare by resolution, and upon the
adoption of such resolution the council of any such city upon recommendation
of said board, may pass an ordinance authorizing the officer or officers having
the care of streets, avenues and alleys, or highways in any such city, to pur-
chase or rent the necessary tools, machinery and appliances, to employ the
necessary labor, and to clean, sweep, sprinkle or repair the streets, avenues or
alleys in such city. [93 v. 490.]
(2314-15f) SEC. 6. [Cost to be assessed.] The entire cost and ex-
pense of cleaning, sweeping, sprinkling or repairing any street, avenue or alley,
under the provisions of this act, shall be assessed equally by the foot upon all
the lots and lands fronting or abutting upon such street, avenue or alley, be-
tween the points named in the contract, except as hereinafter provided. [93
v. 490.]
(2314-15g) SEc. 7. [Assessment where street railway is upon
street, etc.] Whenever any street, avenue or alley is cleaned, swept or sprink-
led under the provisions of this act, upon which a line of street railway is
operated, the person or company owning or operating such railway shall pay
such proportion of the cost and expense of such cleaning, sweeping or sprink-
ง
1147
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2314—15h).
ling as the part of said street occupied by the tracks of said railway bears to
the whole surface of the street, avenue or alley cleaned, swept or sprinkled, and
the balance of such cost and expense shall be assessed upon the real estate
fronting and abutting upon such street, avenue or alley as hereinafter provided.
[93 v. 490.]
(2314-15h) SEC. 8. [Expending of other funds for cleaning, etc.]
If, at any time, in any such city there is provided a fund for the purpose
of cleaning, sweeping or sprinkling the streets, avenues or alleys of such
city, arising either from a general levy, from license fees, or any special assess-
ment, other than the one herein provided, said board of public works is hereby
authorized and empowered to expend such fund for said purpose. Said fund
to be distributed to the streets, avenues or alleys cleaned, swept or sprinkled
in proportion to the work done upon each. Provided, that if such fund be in-
sufficient to defray the entire cost and expense of such cleaning, sweeping or
sprinkling, the cost and expense, in excess of such fund, shall be assessed as
as provided in section six of this act. [93 v. 490.]
(2314–15i) SEC. 9. [Levying and assessing cost.] When any of
the streets, avenues or alleys of such cities are cleaned, swept, sprinkled or re-
paired, under the provisions of this act the council of any such city, as soon as
the cost and expense of such work has been determined, shall, upon recom-
mendation of said board, pass an ordinance levying and assessing such cost
and expense as herein before provided. The cost and expense of such work
may include the cost of all printing and advertising, the interest, to the date
when such assessments can be collected, upon any money that may be bor-
rowed as hereinafter provided, and any other expense that may become neces-
sary for the proper execution of such work. The assessment of the cost and
expense of such work upon all streets, avenues or alleys so cleaned, swept,
sprinkled or repaired in such cities may be made in one assessment ordinance.
[93 v. 490.]
(2314-15j) SEC. 10. [Power to borrow money.] The council of such
cities, in which any of the streets, avenues or alleys are cleaned, swept, sprink-
led or repaired under the provisions of this act, shall have power to borrow
money, at the rate of interest not exceeding six per cent. per annum, to pay
the cost and expense of such work, as it progresses, in anticipation of the col-
lection of the assessments to be levied therefor as herein provided. [93 v. 491.]
(2314-15k) SEC. 11. [Publication of assessment ordinance; lien of
assessment.] Upon the passage of said assessment ordinance, the clerk of the
council of such city shall cause a notice, of the passage of such ordinance, to
be published in the manner required by law, in such cities, for the publication
of resolutions and ordinances of general nature. The publication of such
notice as herein required shall be the only notice necessary to be given to own-
ers of property upon which such assessments are levied. Such assessments to
be a lien upon the property assessed from and after the date of the first publi-
cation of such notice. Said notice shall state the names of the streets, avenues
or alleys upon which property has been assessed, the place where the assessment
sheets can be seen and examined by property owners, the time and place where
the assessments are to be paid and the officer to whom payable. [93 v. 491.]
(2314-151) SEC. 12. [Collection and payment of assessment.] The
assessment sheets for each street, avenue or alley shall be furnished to the city
The
or county treasurer vested with authority to collect such assessments.
assessments shall be paid to the treasurer of such city, or if there be no such
treasurer, then to the treasurer of the county, in which such city is located, at
or before the time specified in the notice published as herein before provided.
Said treasurer, upon the expiration of the time of payment provided in said
notice, shall certify to the city council of such city the names of the owners of
1148
§ (2314-15m).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
property assessed as aforesaid, that have failed to pay their assessment together
with the amount assessed against each separate piece of property. Upon the
receipt of such certificate the city council of said city shall certify such unpaid
assessments to the auditor of the county, in which such city is located, and
such assessments shall be placed upon the tax duplicate by said auditor, and
collected as other taxes, together with six per cent. interest from the date named
in such notice for payment. Said assessments as collected shall be placed in a
fund to be known as a "street maintaining fund" and shall be paid out upon
the order of the board of public works. [93 v. 491.]
(2314--15m) SEC. 13. [In case cities have no board of public works,
etc., council to act.] If any such cities have no board of public works, and
have no other board or commission having the powers and performing the
duties of boards of public works, then the powers and duties herein before enu-
merated and delegated to boards of public works shall be and are hereby del-
egated to and conferred upon the councils of such cities. [93 v. 491.]
XENIA.
(2314-16) SEC. 1. [Authorizing bids in Xenia to plant trees in
avenues, streets, and alleys.] The city council of any city that had at the
last federal census a population of seven thousand and twenty-six, shall have
authority to provide by ordinance, in the manner hereinafter stated, for the
repairing, sprinkling, sweeping and otherwise cleaning of, and planting and
taking care of shade trees in any of the avenues, streets and alleys, or any part
thereof, which have been improved under any city ordinance, by the construc-
tion of any permanent pavement; and any one or more of such objects may
be embraced in any resolution or ordinance for such purpose. [86 v. 206.]
(2314-17) SEC. 2. [Council may appoint a board of commission-
ers.] That the city council may, by ordinance, appoint two electors of such
city, who shall be owners of property abutting upon the street, avenue or alley
to be repaired, sprinkled or cleaned, or in which trees are to be planted, to serve
without compensation, who, together with the city civil engineer, shall consti-
tute a board of commissioners with full power and authority to repair, clean
and sprinkle, and plant and take care of shade trees in any such street, avenue,
or alley, or any part thereof, the cost of which, including intersections, shall be
a lien upon the abutting property, and be estimated, assessed and collected, as
provided in section twenty-three hundred and eleven (2311) of the Revised Stat-
utes. [86 v. 206.]
(2314-18) SEC. 3. [Term, vacancy, etc.] That said commission
shall be appointed for the term of three years, and a vacancy arising from any
cause may be filled by the appointment, of the council, of a person qualified
as provided in section two [§(2314—17)] of this act. [86 v. 206.]
See ? 2307-2314.
COLUMBUS
(2314-19) SEC. 1. [Sinking fund trustees in Columbus to be
custodians of money withheld from public contractors; bonds.] In any
city of the first grade of the second class, whenever any portion of the cost of
any improvement shall have been reserved or retained by such city or of the
authorities thereof, to indemnify and protect the city against any loss or
damage to be ascertained within a given time by reason of imperfect work or
materials on such improvement, or to secure the keeping of such improvement
in repair for a stated time, such sum or sums so as aforesaid retained shall im-
mediately upon completion of the work be transferred to the trustees of
the sinking fund in such city to be by said trustees invested in interest-
bearing bonds of the city in which such improvement may have been made
or such work may have been done. [88 v. 359.]
1149
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2314-20).
(2314-20) SEC. 2. [Interest to be paid to contractor on certain
conditions; when principal paid to contractor.] The interest on said bonds,
shall upon presentation by the contractor for such work or improvement, of a
certificate from the city civil engineer stating that the work or improvement
upon which such money so invested was retained, is in good condition and re-
pairs, and that the contractors therefor have carried out the terms and conditions.
of his guaranty upon said work or improvement, be paid over to said contractor
in semi-installments as the same is collected, and at the expiration of the term
of said guaranty the bonds or securities so held as above specified, shall be by
said trustees converted into money and shall upon presentation of the city
civil engineer's certificate that such guaranty has expired by limitation, and
that the work or improvement is in such condition as required by the terms
of said guaranty be paid over to said contractor. But upon failure to so present
such certificate of the city civil engineer, no part of the interest collected upon
or principal realized from sale of said bonds shall be paid to said contractor,
but may be used wholly or in part for the purpose of putting such work in
such condition and repair as the terms of said guaranty may require. The
residue, if any there be after making the necessary repairs as aforesaid, shall
upon certificate of the city civil engineer that such repairs have been made,
be paid to said contractor. But nothing in this act contained shall be so con-
strued as to release the contractor for any work from his obligation to fully
carry out and perform each and every provision of his said contract. [88 v. 359.]
CINCINNATI
SEC. 2314a. [Power in Cincinnati to order and pay for improvement
vested in board o public works.] In cities of the first grade of the first class,
whenever any improvement, has been, or shall hereafter be ordered by the
council, all power to order and make payment for such improvement now
vested in council, shall hereafter be vested in the board of public works of such
city; and in case council shall have ordered the cost of such improvement, in
whole or in part, to be assessed upon property abutting upon, or specially bene-
fited by such improvement, all power to make and levy any assessment there-
for, to enforce the collection of such assessments, to order the certification of any
unpaid assessment to the county auditor to be placed upon the tax list, to borrow
money in anticipation of such assessment, and to issue bonds of the corpora-
tion therefor now vested in the council, shall hereafter be vested in the board
of public works of such city; and in performing each and all of such duties,
every such board shall have and exercise all the powers vested in, and be sub-
ject to all the restrictions and regulations imposed upon the council and the
board of public works of such city by the laws now in force. [1881, April
20: 78 v, 258, 259.]
See note to
2224.
Can the board issue bonds except to carry out legislation, authorizing it: Ampt . Cincinnati, 4 O. D.
237; 3 N. P. 184.
SEC. 2314b. [Reserve improvement fund; when paid to contractors.]
In cities of the first grade of the first class, whenever any portion of the cost
of any improvement shall have been reserved or retained by such city or any
of the authorities thereof, to indemnify and protect the city against any loss
or damage, to be ascertained within a given time, by reason of imperfect work
or materials on such improvement, or to secure the keeping of said improve-
ment in repair for a stated time, such city shall pay over to the contractor or
contractors for such improvement, upon an order which shall be made by the
board of public improvements of such city, the money so retained or with-
held; or any securities or interest-bearing bonds in which the same may have
been invested, upon said contractor or contractors executing and delivering to
the city a good and sufficient bond with sureties to the satisfaction of the
trustees of the sinking fund of such city, conditioned that such contractor or
1150
$2315.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
contractors shall keep such improvement in repair, as provided in the contract
for the same, and fully indemnify and protect said city against all loss or
damage it may sustain by reason of the withdrawal of such fund or interest-
bearing bonds or securities, to the extent of the amount so withdrawn. [87 v.
213.]
See ? (2702-1).
SUBDIVISION II. DAMAGES.
SEC. 2315. [Claim for damages; effect of failure to file.] An owner
of a lot, or of land, bounding or abutting upon a proposed improvement, claim-
ing that he will sustain damages by reason of the improvement, shall, within
two weeks after the service or the completion of the publication of the notice.
mentioned in section twenty-three hundred and four file a claim in writing, with
the clerk of the corporation, setting forth the amount of the damages claimed,
together with a general description of the property with respect to which it is
claimed the injury will accrue; an owner who fails to do so shall be deemed to
have waived the same, and shall be barred from filing a claim or receiving
damages; and this provision shall apply to all damages which will obviously
result from the improvement, but shall not deprive the owner of his right
to recover other damages arising, without his fault, from the acts of the corpora-
tion, or its agents; provided, that if subsequent to the filing of such claim, the
owner sells the property, or any part thereof, the assignee shall have the same
right to damages which the owner would have had without the transier.
[66 v. 245, §564; (S. & C. 1540, 1541; S. & C. 1545).]
Applied to board of public improvements (Cincinnati), 87 v. 90.
See cases cited under 2 2304.
This section does not apply to a lot not abutting the improvement and filing a claim is not necessary
in such case: Cohen v. Cleveland, 43 O. S. 190.
Nor to an appropriation of land: Stribley v. Cincinnati, 9 C. C. 122, 125; 2 O. D. 129.
Failure to file a claim in time is waived if the city makes the person a party to its suit to assess damages
and submits to an award in his favor: Cincinnati v. Sherike, 47 O. S. 217.
Section construed: Jacobs v. Cincinnati, 2 N. P. 283; 3 O. D. 60.
As to the right of a party injured by a change of grade to recover damages from a municipal corpora-
tion, see Cincinnati v. Penny, 21 O. S. 499, and cases there examined, and Akron v. Chamberlain Co., 34˜O. S.
328. See, as to the effect of a failure to take the steps prescribed, Cupp v. Commissioners, 19 O. S. 173; Reckner v.
Warner, 22 O. S. 275; Anderson v. McKinney, 24 O. S. 467: Frevert v. Finfrock, 31 O. 8. 621.
Statute must be strictly followed as to filing claim for damages, or such claim is waived: Hickox v.
Cleveland, 8 O. 543.
A claim not filed is waived: R. R. v. Defiance, 52 O. S. 262.
Failure to give notice under 2304, exempts the property holder from filing a claim: Toledo v. McMa-
hon, 9 C. C. 194; McGee v. Avondale, 7 C. C. 246, 248.
The claim cannot be increased in amount after the time for filing has expired: Cleveland v. Hyland, 2
Ohio Dec. 530.
The last clause of this section does not apply to a vendor of property to whom the city had not given
notice, and who had filed a claim under 2 2326 only: Jacobs v. Cincinnati, 2 N. F. 283; 3 O. D. 60.
Municipal corporation is liable for damage caused by changing the grade of a street in front of a lot
which had been improved with reference to an existing grade: Akron v. McCombs, 180. 229. See McCombs v.
Akron, 15 0.474.
The owners of unimproved lots can not recover damages from a municipal corporation for street
improvements, being presumed to purchase with a view to a reasonable improvement of the streets: Craw-
ford v. Delaware, 7 O. S. 460.
Owner must improve with a view to a reasonable grade, if none has been established; otherwise he can
not recover damages: Ib.
But grading a lot to the established grade of the street, is an improvement, though no structure is
erected: Seasongood v. Cincinnati, 5 C. C. 225 (affd on opinion below, 51 0. S. 611.)
As to damages for change of grade, see Youngstown v. Moore, 30 O. S. 133.
The fact that the lot does not abut immediately on the street, does not exempt the corporation from
liability: Keating v. Cincinnati, 38 O. S. 141.
As to liability for damages to buildings: Ib.
Failure to comply with 2315, where that section is applicable, is a bar to any action: Cohen v. Cleve-
land, 43 O. S. 195.
When lots or lands bound or abut upon a proposed improvement: Ib. 196, 197.
Where a lot fronts on one street and the city makes another street behind it, running obliquely, so as to
touch the lot only in one corner, such lot is not bounding or abutting on such street, within the meaning of
this section: Miller v. Cincinnati (Ham. Dist. Court, 2 W. L. B. 156.
When the owner of property abutting on a street has improved his property with reference to an exist-
ing grade, and the grade is afterwards changed, whereby hê is damaged, the damages assessed in his favor
must be paid before the work of changing the grade is commenced: Ryan v. City of Cincinnati, 1 C. C. 558.
The city has not the right, by the mere passage of an ordinance for the change of a prior existing grade,
and without taking the necessary steps within a reasonable time to carry it out, to prevent for an indefinite
period the improvement of the adjacent property in conformity with an existing established grade. If such
proceedings are not so taken, the city is not absolved from the payment of damages to property improved
thereafter with reference to the existing grade: Nolte v. Cincinnati, 3 C. C. 504.
What is a reasonable grade established by a city for a street, is a question for the jury to determine from
all the evidence in the case; and while the fact that it was established by the proper authority and compe-
1151
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
S$ 2316-2320.
tent officers is to be considered, yet it is not conclusive as to the character of the grade: Pitton v. Cincinnati,
2 C. C. 593.
The omission of notice does not invalidate the assessment: Kirby v. Winton Place, 2 O. D. 171.
The recovery is limited to amount asked for in the claim filed: Čleveland v. Hyland, 2 O. D. 530.
Failing to file claim, damages are waived: Id.
Statute is valid: Id.
After the expiration of the time as limited by this section the property owner cannot increase his claim
for damages: Geib v. Cleveland, 2 O. D. 360.
Neither can he do so at the time when the municipality applies for a jury to assess damages: Id.
Damages awarded in an appropriation proceeding, and the costs thereof for the opening of a street, may
be assessed back upon the abutting property: Henkle v. Cincinnati, Edit. Circuit Court, 37 W. L. B. 394.
Damages caused by appropriating a portion of a sidewalk in improving a street, cannot be set off against
the assessment: Ulm v. Cincinnati, 4 O. D. 185.
For what was held, be an insufficient notice to appropriate an easement: see Fenner v. Cincinnati, 4 N.
P. 182; 6 O. D. 244.
SEC. 2316. [Determination of council as to claims for damages.] At
the expiration of the time limited for filing claims for damages, as provided in
the last section, the council shall determine whether it will proceed with the
proposed improvement, or not; also whether the claims for damages filed as
aforesaid shall be judicially inquired into, as hereinafter provided, before com-
mencing, or after the completion of the proposed improvement; and if it
decides to proceed therewith, an ordinance for the purpose shall be passed; and
where provision as to damages is not made in this chapter, the provisions
in chapter three of this division shall apply to the proceeding so far as they
are applicable. [66 v. 245, § 565.]
Sections 2316 to 2326 applied to changes of grade of highways at railroad crossings,
see ? (3337-15).
As to improvements under this section in Portsmouth; bids, see ? (1707ƒ—20).
This and the following section are cited and applied in nearly all the cases noticed under ¿¿ 2304, 2315.
The postponement of the inquiry until after the improvement is made, is not unconstitutional: Toledo
v. Preston, 50 Ò. S. 361.
Jurisdiction is given by 2 2317 to 2321 to pass on every defense, and is not limited to the amount:
Toledo v. Preston, 50 Ö. S. 361, 367.
SEC. 2317. [Assessment of damages.] When claims for damages are
filed within the time limited, and the council, having passed an ordinance for
making the improvement, determines that the damages shall be assessed before
commencing it, the mayor or solicitor shall make written application for a jury,
to the court of common pleas, or a judge thereof in vacation, or to the probate
court of the county in which the corporation, or the larger part of it, is sit-
uated; and the court or judge shall direct the summoning of a jury, in the
manner provided in chapter three of this division, and fix the time and place
for the inquiry, and the assessment of such damages, which inquiry and assess-
ment shall be confined to the claims filed as aforesaid, except as provided in
section twenty-three hundred and fifteen. [67 v. 81, §566; (S. & C. 1545).]
If the city concludes not to make the improvement, ? 2260 applies and attorney's fees may be allowed:
Toledo v. Jacobson, 5 O. D. 137; 11 C. C. 220.
SEC. 2318. [Proceedings of jury.] The jury shall be sworn to inquire
into and assess the actual damages in each case separately, under such rules
and instructions as shall be given it by the court; and when the jury can not
agree, it may be discharged; but the court may receive its verdict as to one or
more of the claimants, and discharge it with respect to parties concerning
whose claims it can not agree; and in case of the discharge of the jury because
of disagreement as to any or all of the claims, a new jury shall be summoned,
and the same proceedings shall be had, with respect to the claims concerning
which there was no verdict, as on the original trial. [66 v. 246, § 567; (S. & C.
1545).1
SEC. 2319. [Finding final.] The finding of the jury shall be final, and
there shall be no appeal. [66 v. 246, § 568; (S. & C. 1546).]
Cited Toledo v. Preston, 50 S. 361, 365.
SEC. 2320. [Costs of inquiry.] In cases in which the jury finds no
damages, the costs of the inquiry shall be taxed against the claimant, and be
collected on execution; and in other cases the court shall render judgment on
the verdict, and furnish the clerk of the corporation, on application, a state-
1152
§§ 2321-2327.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
ment of the amount of damages and costs in each case. [66 v. 246, § 569;
(S. & C. 1546).]
Although the statute does not state what shall be done if the city concludes not to proceed, a failure
to pay the award for six months, is an abandonment of the improvement and the property holders may
under 2260 have the costs retaxed and an attorney's fee and expenses allowed them; Toledo v. Jacobson, 11
C. C. 220; 5 O. D. 137.
SEC. 2321. [Assessment after completion of improvement.] In all
cases where the council determines to assess the damages after the completion
of any improvement provided for by this chapter, for which a claim for dam-
ages has been filed as herein before provided, the mayor or solicitor shall, within
ten days after the completion of such improvement, make written application
to the court of common pleas, or a judge thereof in vacation, or to the probate
court of the county in which the corporation, or the larger part thereof, is sit-
uated, to summon a jury, in the manner pointed out in chapter three of this
division, to assess the amount of damage in each particular case; and such
court or judge shall fix the time and place of inquiry, and the assessment of
damages, in the manner herein before provided. [67 v. 82, § 570.]
SEC. 2322. [Assessment where proceedings defective.] Where by
reason of any defect or omission in the proceedings herein provided for, the
corporation shall be liable in an action for damages to any lot or land, occa-
sioned by the making of any improvement, the damages shall be ascertained
and assessed by three disinterested freeholders of the corporation, to be
appointed by the council. [66 v. 246, § 571.]
SEC. 2323. [Oath of assessors of damages.] The assessors, before
entering upon their official duties, shall take and subscribe an oath, before a
justice of the peace, or the mayor, that they will well and truly, to the best of
their knowledge and ability, appraise the damages which the claimants have
suffered by reason of such improvement, and for which the corporation is liable;
which oath shall be filed in the office of the clerk. [66 v. 246, § 572.]
SEC. 2324. [Duty of assessors of damages.] The assessors shall within
hirty days after their appointment, make the assessment, and file the same in
the office of the clerk, where it shall be subject to the inspection of all claim-
ants for damages; the damages shall be paid out of the corporation treasury;
and, within twenty days after the filing of the assessment herein mentioned,
the treasurer shall pay, or tender, the same to the party in whose favor they
were assessed. [66 v. 247, §573; (S. & C. 1541).]
SEC. 2325. [Costs in certain cases.] If any person neglects or refuses
to accept the amount of damages so assessed, and prosecutes the corporation,
and does not recover more than the amount allowed by the assessors, such
party shall pay all costs of suit. [66 v. 247, § 574; (S. & C. 1541).]
SEC. 2326. [Time allowed before suit can be brought.] No person
who claims damages, arising from any cause, shall commence a suit therefor
against the corporation until he files a claim for the same with the clerk of the
corporation, and sixty days elapse thereafter, to enable the corporation to take
such steps as it may deem proper to settle or adjust the claim; but this pro-
vision shall not apply to an application for an injunction, or other proceeding
to which it may be necessary for such applicant to resort in case of urgent
necessity. [66 v. 247, §575; (S. & C. 1541).]
Failure to comply with 2326, though it would defeat the pending action, would not be a bar to another
suit based on a claim properly filed under that section subsequently to the first: Cohen v. Cleveland, 43 O. S.
195, 196.
•
The words, "damages arising from any cause," as used in ? 2326, Revised Statutes, have the same mean-
ing that the word "damages" has in the original section (66 v. 247, 8 575), and both expressions apply only to
the same causes of action and are limited to the damages of the subject matter, and they do not include dam
ages for personal injuries: City v. Davis, 43 O. S. 447.
SEC. 2327. [Construction of provisions.] Proceedings with respect to
improvements shall be liberally construed by the councils and courts, to secure
1153
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§§ 2328-2329.
a speedy completion of the work, at reasonable cost, and the speedy collection
of the assessment after the time has elapsed for its payment, and merely formal
objections shall be disregarded; but the proceedings shall be strictly construed
in favor of the owner of the property assessed or injured, as to the limitations on
assessment of private property, and compensation for damages sustained.
The curative provisions of this section and 2289 extend to irregularities or defects in the estimate
of cost and expenses, which the council may direct to be made, after a plan of sewerage for the corporation,
or any part thereof, has been approved: Wewell v. Cincinnati, 45 O. S. 407.
This section applied: Cincinnati v. Sherike, 47 O. S. 217, 222; 5 O. D. 199 11 C. C. 336; aff'd, 55 O.S. 82.
SUBDIVISION III. SIDEWALKS AND WATER-COURSES.
For the construction of sidewalks upon highways other than those in municipal cor-
porations (86 v. 101), see (4909—1).
For the construction of sidewalks along roads, see ? 4909.
No violation of former Constitution to impose duty of making sidewalks on lot owners: Bonsall v. Leb-
anon, 19 O. 418.
Ownership of materials used in paving sidewalks: Leonard v. Cincinnati, 26 O. S. 447.
SEC. 2328. [Council to provide for construction and repair of side-
walks; exceptions.] The council shall provide by ordinance for the construc-
tion and repair of all necessary sidewalks within the limits of the corporation,
and may require by the imposition of suitable penalties or otherwise, the
owners and occupants of abutting lots and lands to keep the sidewalks and
gutters in repair, free from snow or any nuisance; provided, however, that in
cities of the first grade of the first class, and in cities of the third grade a, and
third grade c, of the second class, all duties and powers herein, otherwise im-
posed on or conferred upon council in relation to sidewalks or the construction
or repair of the same, shall be exercised by the board of public affairs of any
such city; and it shall not be necessary to have the action or concurrence of
council in any of said proceedings. [93 v. 616; 89 v. 390; 88 v. 175; 86 v. 167;
81 v. 87; Rev. Stat. 1880; 66 v. 249, § 591.]
Part of act creating new charter for Portsmouth to be submitted to electors.
School property not liable for sidewalk assessment: Board of Education v. Toledo, 48 O. S. 87.
An ordinance putting the sidewalk on one side of the street only, and the roadway to the lot lines on
the other side is unreasonable and void: Mills v. Norwood; 26 Bull. 348 and on anneal, 6 C. C. 305.
A person guilty of contributory negligence in attempting to pass over an icy sidewalk, can not maintain
an action against the city to recover for injuries sustained by falling upon the ice: Schaeffer v. Sandusky,
32 O. S. 246.
The fact that a pavement was continuous from a sidewalk on a street over the adjacent lands to the place
of danger, was not of itself an implied invitation to a person on the sidewalk to go upon the adjacent lands:
Kelley v. City of Columbus, 41 O. S. 263.
What is necessary to be alleged in a petition in an action against a municipality for damages occasioned
by falling upon a slippery sidewalk: Chase v. City of Cleveland, 44 O. S. 505.
See note to Morris v. Woodburn, 57 O. S. 330, under 2 2640.
Whether curbing is part of a street improvement or of a sidewalk improvement, is a question of fact, to
be determined from the circumstances of the particular case: Ehni v. City of Columbus, 3 C. C. 493.
SEC. 2328a. [Construction of sidewalks in villages in Hamilton.
county. 88 v. 31.]
This act is void, being a local law of a general nature: Costello v. Wyoming, 49 O. S. 202.
SEC. 2329. [Notice to owners of abutting property to construct or
repair sidewalks; return of copy of notice to clerk; service upon agent
of owner; notice to repair certain dangerous defects in sidewalks; mak-
ing of such repairs at owner's expense; notice to non-residents and per-
sons not found.] When the council, board of improvements, board of public
works, board of city affairs, or board of administration, as the case may be,
declares by resolution that certain specified sidewalks or gutters shall be con-
structed or repaired, the mayor, where no board as above designated exists, or
such board, in any city having such board, upon being advised of the passage
of such resolution, shall cause a written notice of the passage of such resolu
tion to be served in the manner provided in section 2304 upon the owner or
the agent of the owner of each parcel of land abutting on such sidewalk or
74
1154
§ 2329a.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
gutter who may be a resident of the city or village, in the manner provided
by law for the service of summons in a civil action, and shall return a copy
of such notice, with the time and manner of service indorsed thereon and
signed by the officer serving the same, to the clerk of the corporation, or to
such other officer as shall be designated by council, or by any such above des-
ignated board where it exists, who shall file and preserve the same in his
office; and for the purpose of such service, if the owner is not a resident of
the city or village, any person charged with the collection of rents, or the
payment of the taxes of such property, or having general control thereof in
any way, shall be regarded as the agent of the owner; and such return shall
have the like force and effect as the sheriff's return on a summons in a civil
action; provided, that when it shall come to the knowledge of the city com-
missioner or such other officer as the council, or such board where it exists,
shall designate by resolution, that any dangerous defect exists in any sidewalk
or gutter, the total cost of repairing which to be charged to any one parcel of
land shall not exceed five dollars, it shall be sufficient for, and the duty of
such officer to forthwith, in like manner and with like effect, serve and return
a notice to the owner of such land or his agent, stating that if such repair be
not made within three days by such owner, the same will be made at his ex-
pense, at a reasonable cost to be stated in the notice, and that if said cost be
not paid to the clerk of the corporation, or to the city comptroller or city
auditor, where there is such an officer of said corporation, within fifteen days
after such repair is made, the same will be charged against said land as
taxes; and if such repair be not made within such three days, such designated
officer shall forthwith repair the same and report the fact to the clerk of the
corporation, or to the city comptroller or city auditor where there is such offi-
cer, who shall thereafter certify the sum named in the notice, if not paid
within such fifteen days, to the county auditor for taxation. But such sum shall
be in each case a reasonable charge for the material furnished and the work
performed. And if it appear in the return in any case that such owner is a
non-resident, or that neither any such owner nor agent nor their residence
could be found, then the notice given by publication of a copy of the resolu-
tion in some newspaper of general circulation in the corporation, in the man-
ner provided for publication of resolutions under section 2304 of the Revised
Statutes, shall be deemed sufficient notice to such owner, not so found, but
such publication shall not be necessary in the case of construction or repair
of sidewalks or gutters, where such notice is served upon the owner or agent
as herein provided. [90 v. 212; 89 v. 391, 91; 85 v. 264; 83 v. 34; 81 v. 87,
88; Rev. Stat. 1880: 73 v. 10, § 592.]
The city's notice to a property holder of one defect is not notice of a different kind of defect: Shelby
v. Clagett, 46 O. S. 549.
The twenty-five per cent. limitation on assessments applies to sidewalks: Norwood v. Model Building
Ass'n, 7 C. C. 95.
The sufficiency of the sidewalk is to be decided by the city and not by the court: Cincinnati v. Long-
worth. 22 Bull. 152.
Notice to a property owner, resident of the county, but not of the village, is necessary to give the muni-
cipality jurisdiction: 39 W. L. B. 113, Circuit Court, edit.
Attorney's fees and expenses cannot be recovered by the contractor from the city, though it agreed to
give him a valid assessment and gave him a void one: Gates v. Toledo, 57 O. S. 105; (aff'g, 30. D. 124; 10
C. C. 160.
Until the owner has been notified and has had opportunity to make the sidewalk himself, the city has
no power to make it: Hunt v. Hunter, 5 O. D. 90; 11 C. C. 69.
And the assessment in such case is wholly void: Schmidt v. Elmwood Place, 8 O. D. 113; 15 C. C. 351.
SEC. 2329a. [Cleaning of sidewalks or gutters in Springfield.] In
cities of the second class, third grade a, when the board of public affairs of any
such city declares by resolution that certain specified sidewalks or gutters shall
be cleaned so as to be free from weeds, grass, dirt or any other objectionable
substance, it shall then be the duty of said board to cause notice of the pas-
sage of such resolution to be served upon the owners of each parcel of land
1155
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§§ 2330-2330a.
abutting on such sidewalk or gutter so ordered cleaned. Such notice shall be
given in the same manner as is provided in section 2329 Revised Statutes of
Ohio, for service of notice to construct sidewalks. If said sidewalks or
gutters are not so cleaned within five (5) days after service of the notice or
completion of the publication then said board shall have the same done at the
expense of the owner and report the cost thereof to the clerk of the corpora-,
tion. The cost of such cleaning shall constitute a lien upon the property
abutting upon such sidewalk or gutter so cleaned from the date that same is
so reported to the said clerk. If the cost of said cleaning is not paid to the
clerk of the corporation within ten days from the time that the same has been
so reported to him by the said board of public affairs then the said clerk shall
certify same together with a penalty of twenty per centum thereon, to the
county auditor, who shall place the same upon the tax duplicate and collect
such costs and penalty in the same manner as other taxes are collected. [92
v. 74.]
SEC. 2330. [On failure of owner to construct or repair, same to be
done at his expense.] If such sidewalks or gutters are not constructed within
thirty days or are not repaired within ten days from the service of the notice
or completion of the publication, the council or board may have the same
done at the expense of the owner; and such expense shall constitute a lien
upon the property bounding or abutting thereon, and shall be collected in the
same manner, with a penalty of twenty per cent. and interest after failure to
pay at the time fixed for the payment of the assessment as in other cases of
improvement. [89 v. 391; 81 v. 87, 88; Rev. Stat. 1880; 73 v. 10, § 592.]
Statute similar to this held constitutional in Bonsall v. Lebanon, 19 O. 418.
See note to Schmidt v. Elmwood Place, 8 O. D. 113; 15 C. C. 351, under 2 2329,
SEC. 2330a. [Construction of sidewalks, curbing or gutters and as-
sessment in certain cities and villages; bonds, etc.] In cities of the fourth
grade, second class, in villages of the first class, and in villages lying wholly or
partly in counties containing a city of the first grade, first class, whenever side-
walks, curbing or gutter are to be constructed pursuant to a resolution of council,
under section 2329 of the Revised Statutes, the council may construct such
walk or parts of walk, curbing or gutter, and assess the cost and expense of
constructing such sidewalk, curbing or gutter, or part or parts thereof upon the
abutting property, which, however, shall be exempted from the penalty pro-
vided in section 2330 of the Revised Statutes; and to carry out such purpose
the council is hereby authorized to issue the bonds of such city or village, in
denominations not to exceed one thousand dollars each, to be payable in not
less than one nor more than ten years' issue, and shall bear interest at a rate
not to exceed six per cent. per annum, interest payable semi-annually, which
bonds shall be sold for not less than their par value, and the proceeds arising
from such sales to be applied to the cost of such improvements and the cost
of issuing such bonds and the payment of interest thereon, and to no other
purpose; provided, that the council may use the bonds at their par value in
payment of contracts without advertising for their sale. The assessments upon
the abutting property shall be in such amounts as will be sufficient to provide
for the payment of such bonds, and the interest due thereon as the same
mature, and such assessments shall be certified by the clerk of such city or
village to the auditor of the county or counties in which such city or village
is situated, and placed upon the duplicate, and shall be a lien upon the prop
erty so assessed. Whenever the council shall determine to improve the side-
walks, curbing or gutter of any street, streets or portion of streets in accordance
herewith, they shall advertise for hids in some paper published or of general
circulation in the city or village where such work is to be done, and all such
bids shall designate the material and kind and quality of material proposed to
1156
§§ 22306-2330c.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
be used; and all bids must be on file with the clerk of said city or village for
ten days before the contract shall be awarded, and any property-owner may
elect whether he or she desires to pay cash for the same or have it placed on
the tax duplicate as herein provided. If any person electing to pay cash shall
fail to do so within thirty days after the completion of the work, it shall be
the duty of the clerk to certify the amount to the auditor as herein provided.
The council may reject any and all dids. [92 v. 404; 90 v. 215; 89 v. 156; 88
v. 332.]
SEC. 2330b. [Construction of sidewalks, curbing or gutters and as-
sessment in villages of the second class; bonds, etc.] In villages of the sec-
ond class whenever sidewalks, curbing or gutter are to be constructed pursuant
to a resolution of council, under section 2329 of the Revised Statutes, the
council may construct such walk or part or parts of walk, curbing or gutter,
and assess the cost and expense of constructing such sidewalks, curbing or
gutter, or part or parts thereof, upon the abutting property, which, however,
shall be exempt from the penalty provided in section 2330 of the Revised
Statutes; and to carry out such purpose the council is hereby authorized to
issue bonds of such village in denominations not to exceed one thousand dol-
lars each, to be payable in not less than one nor more than ten years' issue,
and shall bear interest at a rate not to exceed six per cent. per annum, interest
payable semi-annually, which bonds shall be sold for not less than their par
value, and the proceeds arising from such sales to be applied to the cost of
such improvements and the cost of issuing such bonds and the payment of in-
terest thereon, and to no other purposes; provided, that the council may use
the bonds at their par value in payment of contractors without advertising for
their sale. The assessments upon the abutting property shall be in such
amounts as will be sufficient to provide for the payment of such bonds, and
the interest due thereon, as the same may mature, and such assessments shall
be certified by the clerk of such village to the auditor of the county in which
such village is situated, and placed upon the duplicate, and shall be a lien
upon the property so assessed. Whenever the council shall determine to im-
prove the sidewalks, curbing or gutter of any street, streets or portions of
streets, in accordance herewith, they shall advertise for bids in not less than
two papers published in the county where such work is to be done, and all
such bids shall designate the material proposed to be used, and all bids must
be on file with the clerk of said village for ten days before the contract shall
be awarded, and any property owner may elect whether he or she desires to
pay cash for the same, or have it placed on the tax duplicate as herein pro-
vided. If any person electing to pay cash shall fail to do so within thirty days
after the completion of the work, it shall be the duty of the clerk to certify the
amount to the auditor, together with the interest due as herein provided.
The council may reject any or all bids. [90 v. 214.]
SEC. 2330c. [Submission of question of issuing bonds to electors.]
Before said bonds shall be issued, it shall be the duty of the common council
of any village wherein such improvements are contemplated, to submit the
question of issuing bonds for the improvement of sidewalks to the qualified
electors of said village at a general or special election to be called for that pur-
ten days' notice of the proposed submission of said proposition to issue
bonds for the above named purpose shall be given by advertising same in some
newspaper of general circulation in the village. The form of ballots of said
election on said proposition shall be as follows: "For the issue of bonds for
sidewalks-Yes;""For the issue of bonds for sidewalks-No;" and if a ma-
jority of the qualified electors voting at said election shall vote in favor of said
proposition, said village council shall be authorized to issue bonds as herein
provided and not otherwise. [90 v. 214.]
1157
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§§ 2331-2334.
SEC. 2331. [Construction of sidewalks to turnpikes, etc.] The coun-
cil, or trustees, of a municipal corporation, through or into which any turnpike
or plank-road passes or enters, may, with the consent of the authority having
control or direction thereof, cause to be constructed on the sides of such road,
sidewalks, not exceeding twelve feet in width, and gutters for the passage of
water; and may also cause the same, when constructed, to be kept in proper
order and repair; and the council, or trustees, shall have power, for the pur-
pose of the construction or repair of such sidewalks or gutters, to assess and col-
lect the charges and expenses thereof on the owners of lots and lands abutting
on such road, and to supervise and control such sidewalks and gutters, in all
respects as if the road were a street of the corporation. [66 v. 250, § 593;
(S. & S. 839).]
Assessment for sidewalk built on a turnpike, where turnpike company had only given consent to have
sidewalk built under its direction, and subject to removal at any time on its order: Held, not enforceable
against property owner: Sprague v. Linwood (Ham. Dist. Court), 1 W. L. B. 133.
SEC. 2332. [Construction of sidewalks on one side only; upon other
side.] If the board of public works, board of administration, board of city
affairs, board of improvements, council or trustees of any municipal corpora-
tion deem it necessary to construct a sidewalk or gutter on one side only of
any street, alley, turnpike or plank road with proper crossings from one side to
the other, it shall be lawful to assess and collect the charge for constructing or
repairing such sidewalk, gutter and crossings on the owners of the lots or lands
abutting on both sides of such street, alley or road in like manner as if such
sidewalk and gutter had been constructed on both sides; but when a sidewalk
or gutter is so constructed, if it is deemed necessary to construct a sidewalk or
gutter on the other or corresponding side of such street, alley or road, the
charge therefor shall also be assessed on the owners of the lots and lands on
both sides. [90 v. 213; 89 v. 392; 66 v. 250, § 594; (S. & S. 838).]
See note to ? 2328 citing Mills v. Norwood, 26 B. 348, and on appeal 6 C. C. 305.
SEC. 2333. [Exemption of property in certain cases; cities where
sidewalks widened and roadways narrowed.] Nothing in this chapter shall
be so construed as to tax property for the purpose of constructing any sidewalk
or gutter the owners of which have constructed and maintained sidewalks and
gutters in front of such property, as ordered by the council or board; but the
foregoing provision shall not apply in cities where, for the purpose of paving
the roadway of any street, the sidewalks have been or shall be hereafter in-
creased in width and the roadway narrowed, but in all such cases the cities may
require, if deemed necessary by the council, that such sidewalks from the prop-
erty line to the new curb, be reconstructed and paved, or repaved, at the expense
of the owners of the abutting property, in such manner and with such material,
as council may deem proper and declare, and such expense may in such cases be
assessed against the abutting property as in other cases of sidewalk improvemen'.
[90 v. 210; 89 v. 392; 89 v. 157; 81 v. 87, 88; Rev. Stat. 1880; 66 v. 250, § 595.1
Limited by ?? 2334a, b and c in so far as affected thereby, see note to ? 2334c.
SEC. 2333a. [Exemption of property for construction in Hamilton
county villages.] In any village lying wholly or in part in any county con-
taining a city of the first grade of the first class nothing in this chapter shall
be so construed as to tax property for the purpose of constructing any sidewalk
or gutter, the owners of which have constructed and maintained sidewalks or
gutters in front of such property of the kind prescribed by ordinance existing
at the time of the adoption of the resolution to construct or repair, provided
for in section 2329. [91 v. 379.]
SEC. 2334. [Costs of sidewalks along property of the corporation.]
In all cases where it is deemed necessary by a municipal corporation to build
or repair sidewalks along that portion of any street, alley, or public highway,
1158
S$ 2334a-23346.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
which passes by or through any public wharves, market-spaces, parks, cemeter-
ies, public grounds or buildings, the proper proportion of the estimated expense
thereof shall be by the council of such corporation levied, certified, and col-
lected in the manner provided in the preceding subdivisions of this chapter.
[66 v. 250, § 596.]
SEC. 2334a. [Sidewalks in villages in Hamilton county.] That the
council of incorporated villages, situate in counties containing cities of the
first grade of the first class may, upon the petition of the owners of two-thirds
of the front feet of lots abutting upon both sides or on one side of any streets,
or portions of streets, between designated points of such villages, provide by
ordinance for the construction and improvement of sidewalks along said streets,
or portions of streets, designated between given points, of such material and
width as the said petition may designate, and the mayor shall forthwith ap-
point a sidewalk committee of three citizens, one of whom shall be a member
of council, and the other two from the property-owners who shall petition for
said sidewalk or walks, which committee shall receive no compensation for
services. Said committee shall have estimates made for such work, and make
the contracts therefor, which contract shall not be valid until submitted to and
approved by council; and said committee shall have the entire supervision
of the construction of such work, and no part of the expense thereof shall be
paid by council until such work, and bills therefor, shall be approved by said
committee. One-half of the cost of said sidewalk or walks shall be defrayed
by said village, and the other half by the property-owners upon such streets,
or portions of streets between designated points so petitioned; provided, that
such improvement may be made upon one or both sides of the said streets, as
asked for in said petition, the same to be at the discretion of the council, and
in the event of only one side of said streets, as asked for in said petition,
being so improved, the ordinance shall designate which and what parts thereof
and provide for suitable crossings, and if the improvement on one side is
made on a petition of the owners of two-thirds of the front feet of lots abutting
on both sides, two-sixths of the expenses shall be assessed upon the lots
abutting upon the side of the street upon which the sidewalk is built, and one-
sixth of such expense upon the lots upon the opposite side of the street there-
to but after a sidewalk has been so constructed on one side of a street whether
prior or subsequent to this enactment, and the charge so assessed as aforesaid,
the council shall upon the petition alone of the owners of two-thirds of the
front feet of the lots on the other or corresponding side of such street or
portion of street on which no sidewalk has been constructed, provide[d]
by ordinance as aforesaid for the construction of a sidewalk on the side so
petitioned for, and the charge therefor shall be assessed in a similar manner
as aforesaid on both sides of the street or portion of street; if the improve-
ment is made on one side of the street upon a petition of two-thirds of the
owners of the front feet of lots abutting on that side only, then and in that
case, one-half of the expense shall be assessed on the side of the street so im-
proved, provided, that nothing in this section contained shall apply to any
improvement, ordered, commenced or completed prior to the passage of this
act. [88 v. 368; 86 v. 175.]
SEC. 2334b. [When council shall assess costs of construction upon
abutting property.] Whenever an improvement is ordered by the council,
and made under the provisions of the foregoing section, the council, shall, if so
requested in the petition therefor, or may in its own discretion, provide for the
payment of the expenses thereof, which are chargeable upon the abutting prop-
erty, in equal annual installments, and make corresponding annual assessments
therefor on such property, if such mode of payment shall be requested by the
property-owners or otherwise ordered, the council shall be authorized and
1159
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
$2334c.
required to issue the bonds of said village corresponding in amount and time
of payment, with such annual installments, and bearing a rate of interest not
exceeding six per cent., which may be given at not less than par to the contract-
ors who may have made such improvement, in payment of the cost thereof or
may be sold at not less than par, and the proceeds thereof applied to the same
purpose. And council shall assess upon such abutting property an amount
which will be sufficient to provide in annual installments, for the payment of
such bonds and interest as they shall mature and the necessary expenses; and
such assessment shall be certified, and be a lien upon the assessed property.
[88 v. 369; 86 v. 175.]
Constitutionality of 22 2334a, b and c examined, Costello v. Wyoming, 49 O. S. 202, 209.
The signer of a petition for a sidewalk, under 2 2334a, on a side street, giving in as his frontage his
length on the side street, is bound thereby if two-thirds have signed: Baker v. Schott, 10 C. C. 81.
The twenty-five per cent. limitation of 22 2271, 2283, applies to improvements under this and the next
two sections: Norwood v. Model Building Ass'n, 7 C. C. 95.
SEC. 2334c. [Bonds; levy of tax.] The council of any village coming
under the provisions of this act is hereby authorized to borrow money at such
times and in such amounts as may be required for the purpose of defraying
one-half of the costs of said sidewalks as herein before provided, and the council
of any village is hereby empowered to issue bonds of the village for the money
so borrowed; said bonds to bear interest at a rate not exceeding six per cent.
per annum, payable semi-annually, and said bonds shall be of such denomi-
nations and shall mature at such times, as the council may determine; pro-
vided, said bonds shall not be sold for less than their par value. Said council
is hereby authorized to levy such tax upon the taxable property of said vil-
lage, in addition to the tax now allowed by law, as may be necessary to pay
the interest and principal of said bonds when the same become due; said tax
to be levied and collected in the same manner as taxes for general purposes are
levied and collected. [88 v. 369; 86 v. 175, 176.]
Section 2 (88 v. 368) repeals ? 2333 in so far as it affects ?? 2334a, b and c.
(2334-1) [Construction and repair of sidewalks; lien in Dayton.]
In cities of the second grade of the second class, whenever sidewalks are to be
constructed or repaired by virtue of proceedings under section 2329 of the Re-
vised Statutes, and the owner or owners of the lots or lands along, in front of
or abutting which, such sidewalks are to be constructed or repaired, enter into
a written contract, setting forth such lots or lands, with any other person,
firm or corporation, to so construct or repair such sidewalks, and such contract
is filed with the city civil engineer of such city before such construction or re-
pair is begun, the person, firm or corporation so contracting to do such con-
struction or repair, shall, upon the completion of same according to the terms
of such contract and to the satisfaction of such civil engineer, have a lien upon
such lots or lands to secure the payment of the contract price of such construc-
tion or repair, or any part thereof that may remain unpaid. [91 v. 811.]
(2334-2) [Priority of lien.] Such lien shall be prior and preferable to
all other liens upon such lots or lands, except for taxes and assessments, and
shall be and constitute a lien until fully paid, but not for a period exceeding
two years from and after the completion of such construction or repair as pro-
vided in the preceding section; provided, however, that if an action be begun
as hereinafter provided, such lien shall continue until finally adjudicated or
satisfied in such action. [91 v. 811.]
(2334-3) [Action to enforce lien.] Within two years from the com-
pletion of such construction or repair as herein provided, an action may be
begun in any court of competent jurisdiction for the enforcement of any lien
existing by virtue of this act, and such lien shall continue in force until finally
adjudicated and satisfied in such action. In event of failure to begin such
action within the time limited herein for that purpose, such lien shall expire
and cease to exist. [91 v. 811.]
1160
§ (2334—4).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
(2334-4) [Civil engineer to keep note of contracts, etc.] Such civil.
engineer shall enter in a book all such contracts as shall be filed with him,
mentioning the lots or lands named therein, and when the contract price has
been paid, or a lien that has arisen by virtue of this act has been satisfied, he
shall make a note to that effect upon the same page with the original entry,
and it shall be the duty of the person, firm or corporation holding such lien or
to whom such price is paid, to promptly notify such civil engineer of such pay-
ment or satisfaction. [91 v. 811.]
(2334-5) [Lots owned by married woman.] If any such lots or lands
are owned by a married woman and such contract for construction or repair be
entered into by her husband, and such construction or repair be done as afore-
said without her express objection, such husband shall be deemed and held to
be her duly and legally authorized agent therein. [91 v. 811.]
SEC. 2335. [As to water-courses.] The expense of opening, construct-
ing, enlarging, excavating, improving, widening, straightening, deepening, or
extending any canal, ship-canal, or water-course, whether such water-course is
navigable or otherwise, as authorized by division three, chapter three, of this
title, and whether the same is done for the purpose of navigation or the preven-
tion of overflow, or any other purpose, shall be assessed and collected in the
manner pointed out in this chapter. [73 v. 167, § 601; (S. & S. 844).]
SUBDIVISION IV. SPECIAL PROVISION AS TO ASSESSMENTS IN CITIES OF THE FIRST
GRADE OF THE SECOND CLASS.
SEC. 2336. [Election of board to superintend street improvement by
abutting property owners in Columbus.] In cities of the first grade of the
second class, the owners of property abutting on a street or avenue are author-
ized to elect five citizens of the city, owners of property abutting as aforesaid,
whose duty it shall be to control and superintend the grading, curbing, and
paving of such street, and who shall serve without compensation. [72 v. 153, §1.]
For acts providing for the improvement of streets, etc., in cities of the first grade of the
second class (83 v. 140; 84 v. 176), see ? (2293—17) et seq.
For cleaning and sprinkling of streets, planting and care of trees on public ways, in
cities of the first grade of the second class (85 v. 126), see ? (2314—1) et seq.
The objection found, in State v. Mitchell, 31 O. S. 592, to exist to these provisions in their original form,
seems to be removed by the classification provided in this title.
SEC. 2337. [When election held; notice of.] When the council directs.
the grading, paving, and curbing of any street or avenue, under the provisions
of this subdivision, and authorizes the election of commissioners, the time and
place of holding the election shall be fixed by three citizens, owners of property
as aforesaid, appointed by the council, who shall act as officers at the election,
and the election shall be held within thirty days after the officers are appointed;
of which election they shall give public notice for three weeks by advertise-
ment in at least two newspapers of the city, and by hand-bills posted in public
and conspicuous places along the street or avenue to be improved; and if such
officers neglect to give the notice required, the council may appoint other officers
to hold the election as herein provided. [72 v. 153, § 2.]
SEC. 2338. [How election held.] The election shall be by ballot; each
owner of property shall be entitled to one vote for every foot front of property
on the street or avenue; and each owner of property may vote for not more
than five persons, and the five persons having the highest number of votes
cast, respectively, shall be declared elected; the officers conducting the election
shall, before opening the polls, be sworn to faithfully perform their duties;
they shall keep a list of persons voting; and, within ten days after the election,
they shall return to the city clerk a list of the voters at the election, the ballots
1161
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§§ 2339-2346.
cast, the number of votes cast for each person voted for, copies of the adver-
tisements, and the names and dates of the newspapers in which the same were
published, all of which shall be certified to by the officers. [72 v. 153, § 3.]
SEC. 2339. [Certificates of election to be issued, etc.] If, upon such
return, the election appears to have been regular, the clerk shall issue certificates
of election to the persons who appear by the return to have been elected, unless
notice is given to the city clerk, within ten days after the election, that the
same was irregularly conducted, or that some of the persons elected were ineli-
gible; which notice shall be in writing, signed by one or more persons inter-
ested in the improvement, and specifying the ground of the objection. [72 v.
153, §3.]
SEC. 2340. [When new election ordered.] If such notice is given, it
shall be the duty of the city clerk to report it to the council, which shall order
an investigation of the objections, by a committee for that purpose; and if the
committee finds that the objections are not well taken, the papers shall be
returned by the committee to the city clerk, with a certificate of its action,
whereupon he shall issue the certificate as aforesaid; but if the committee finds
that the objections are well taken, it shall so report to the council, which shall
order a new election of the entire board, or any one or more of the commis-
sioners, as the case may be; and if no objection is made to the election, or if
the committee of investigation reports in favor of its legality, it shall be
regarded as legal and valid. [72 v. 153, § 3.]
SEC. 2341. [In case of tie vote.] In case of a tie vote between any
persons voted for as commissioners, the elective officers shall order a new elec-
tion to supply the vacancy, to be held at such time and place as they may fix,
not more than twenty days thereafter, of which they shall give notice in the
manner herein before directed, for two weeks. [72 v. 154, §3.]
SEC. 2342. [Organization of commissioners.] The commissioners shall
organize within ten days after notice of their election, which notice shall
designate the time and place for the organization, and elect one of their num-
ber president, and a secretary, who may be one of their number or not, as the
commissioners determine; and the secretary shall receive such compensation
as the commissioners may determine. [72 v. 154, §4.]
SEC. 2343. [Non-attendance of commissioners at organization; action
of council.] If a majority of the commissioners fail to attend at the time and
place designated for organization, the city clerk shall report the fact to the
council, which may, if it sees proper, order a new election, or repeal the ordi-
nance authorizing the improvement. [72 v. 154, § 4 (§ 5).]
SEC. 2344. [Vacancies.] If a commissioner removes from the city, or
ceases to be a property owner, or neglects or refuses to attend in succession four
regular meetings of the board, or meetings of which he shall have been duly
notified, the commissioners may declare his position vacant; and if any vacancy
occurs in the board by death, resignation, or otherwise, the remaining commis-
sioners may fill the vacancy by the election of a suitable person, qualified as
herein before provided, and shall immediately thereafter notify the city clerk of
such change. [72 v. 154, §5.]
SEC. 2345. [Quorum.] A majority of the commissioners shall constitute
a quorum for the transaction of business. [72 v. 154, §5.]
SEC. 2346. [Power of commissioners as to improvement.] The com-
missioners are authorized to determine the kind and description of pavement
to be used upon the street or avenue, and for such purpose shall make contracts
for furnishing materials, grading, curbing, and paving the street or avenue,
either for the entire work in one contract, or for parts thereof, in separate sec-
tions, as to them may seem best, and to superintend and control all work done
1162
§§ 2347-2354.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
in pursuance thereof, and to dispose of any surplus material obtained in the
grading; provided, that the improvement shall be uniform throughout the
length to be improved, and shall conform to the grade of the street or avenue
as established, or as may be established by the council; and provided further,
that no work shall be done under any contract until a certified copy thereof
shall have been filed in the office of the city clerk. [72 v. 154, §6.]
SEC. 2347. [Contracts, how awarded.] All contracts shall be made by
the commissioners in the name of the city, and shall be made with the lowest
bidder, upon sealed proposals, after public notice for not less than three weeks,
in three newspapers of the city, and in such other papers as the commissioners
may select, which notice shall contain a description of the kind and amount
of work to be done and material to be furnished, as nearly accurate as practi-
cable, and the terms of payment, which may be fixed by the commissioners.
[72 v. 155, § 7.]
SEC. 2348. [Contractor to give bond.] Each contractor shall be required
to give bond to the city, with sureties to be approved by the commissioners,
who shall have power to institute suit in the name of the city to enforce all
contracts made by them. [72 v 155, § 8.]
SEC. 2349. [Contract to provide for payment of money out of certain
funds.] All contracts made by the commissioners for the payment of money,
shall provide for its payment out of the funds hereinafter provided for the
improvement. [72 v. 155, §9.]
SEC. 2350. [City engineer to furnish grades.] It shall be the duty of
the city engineer to furnish to the commissioners the proper grades and lines,
and see that the work is done in accordance with the ordinance and regulations
of the city as to grades and lines. [72 v. 155, § 10.]
SEC. 2351. [City to take control of street at completion.] As soon as
the grading and paving of the street or avenue, or any section thereof, shall have
been completed to the satisfaction of the commissioners, they shall notify the
city engineer of the fact, and the street or avenue, or part thereof, shall there-
after be under the control of the proper officers of the city. [72 v. 155, §11.]
SEC. 2352. [When payment to be made; how bonds issued.] For the
purpose of providing for the payment of the cost and expense of the improve-
ment, the commissioners may, from time to time, as the work progresses, make
requisition upon the mayor for the issue of bonds of the city, in such sums as
they deem best, and it shall be the duty of the mayor to execute bonds in the
name of the city, to an amount not exceeding the contracted price for the work,
and the incidental expenses attending the same, which bonds shall bear the
name of the street or avenue improved; they shall be signed by the mayor and
countersigned by the city clerk, and sealed with the corporate seal of the city;
they shall all bear the same date, and be payable seven years after date, and
redeemable at any time at the option of such city; they shall bear interest at
the [rate] of seven per centum per annum, payable semi-annually from date;
and the principal and interest shall be payable at the office of the treasurer of
the city. [73 v. 186, § 12.]
SEC. 2353. [Bonds to be registered.] When the bonds are issued by
the mayor and sealed with the corporate seal, they shall be delivered to the city
clerk, who shall register them in a book to be kept for that purpose; and he
shall countersign them and deliver them to the commissioners, and take their
receipt therefor. [72 v. 156, § 13.]
SEC. 2354. [Negotiation of bonds, and disposition of proceeds of sale.]
The commissioners may negotiate the bonds in such manner as they may think
best, and for such prices as may be obtained for the same, but not less than
par; and they shall pay all moneys received therefor to the treasurer of the
1163
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§§ 2355-2360.
city, report to the city clerk the number of bonds sold, and the amount received.
therefor, and before delivering the same to the purchaser, the bonds shall be
countersigned by the commissioners. [72 v. 156, § 14.]
SEC. 2355. [Money from sale of bonds to be kept separate.] All
moneys received by the city treasurer from the sale of such bonds shall be kept
by him in a separate fund and paid on requisition of the commissioners, accom-
panied with an affidavit of the secretary of the board of commissioners that
work has been done or materials furnished to the amount of the requisition,
and that the money is required for the payment of the same; and all moneys
received by the city treasurer, under this subdivision, shall be kept in the same
manner, and subject to all the regulations regarding other money of the city,
except that he shall keep a separate account of the same; and all interest
received upon the same shall be credited to this fund. [72 v. 156, § 15.]
SEC. 2356. [How cost of improvement ascertained and assessed.]
When the improvement is completed, it shall be the duty of the commission-
ers to ascertain the entire amount of the bonds sold by them, and the interest
thereon, to the first day of October preceding, which shall be taken to be the
cost of the improvement; and the cost shall then be assessed equally by the
feet front upon the property fronting or abutting upon the improvement.
[72 v. 156, § 16.]
See note to Tone v. Columbus, 39 O. S. 281, under ? 2364.
SEC. 2357. [Plat showing amount assessed against each lot to be
prepared.] The commissioners shall cause a plat of the avenue or street to be
prepared, showing the separate lots of ground and the names of the several
owners, and shall make, or cause to be made, a list or schedule of the names of
all owners, and the amount assessed against each lot or piece of ground; they
shall give two weeks' public notice, by advertisement in two newspapers in the
city, and by hand bills posted in conspicuous places on the line of the avenue
or street, of a time and place where, for the period of twenty days thereafter.
the same may be seen for the correction of errors; and after having corrected
such errors as may be made known to them, they shall file the same in the
office of the city clerk, and shall deliver a copy of the plat and schedule to the
auditor of the county in which the city is situated. [72 v. 156, § 17.]
SEC. 2358. [Assessments, how paid.] The assessment shall be placed
upon the tax-list of the county, and shall be payable at the office of the county
treasurer, in seven equal installments, with interest at seven per centum upon
the unpaid portion thereof, the first of which, with interest on the whole
amount at seven per centum, shall be payable at the first semi-annual payment
of taxes next succeeding the time the assessment is placed on the tax-list, and
the other annually thereafter, with interest on the installments not due at the
time, until all are paid; and the assessment shall be collected like other taxes; ·
and for the services rendered under this section the auditor and treasurer of
the county shall receive such compensation as may be allowed thereon by the
city council. [72 v. 156, § 18.]
SEC. 2359. [Assessment a lien; depth of lots to which lien limited.]
Such assessments, with the interest accruing thereon, shall be a lien on the prop-
erty abutting upon the street or avenue from the commencement of the work,
and shall remain a lien until fully paid, having precedence of all other liens,
and shall not be divested by any judicial sale; provided, that the lien shall be
limited to the lots bounding or abutting on the street or avenue, not exceeding
in depth from the street or avenue one hundred and eighty-seven and one-half
feet. [72 v. 157, § 19.]
SEC. 2360. [Rights of property owners as to payment of assessment.]
Any owner of property against which an assessment shall have been made for
1164
$2361.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
the cost of such improvement, shall have the right to pay the same in full,
with interest thereon at seven per centum from the time such assessment was
made, or having paid one or more of the seven installments and interest, he
may, at any time, pay the balance of his assessment remaining unpaid, with
the interest thereon, and such payment, in full, shall satisfy and discharge the
lien upon the property; and any owner dividing his property so that the feet.
fronting the improvement are divided into separate lots or tracts, may dis-
charge the lien in like manner upon any one or more of such lots, by payment
of the amount unpaid thereon, calculated by the ratio of the feet front of such
lot or lots to the feet front of his whole tract. [72 v. 157, § 20.]
SEC. 2361. [Temporary loan to pay interest on bonds.] All moneys
received from assessments shall be appropriated, under direction of the finance
committee of the council of such city, to the payment of the interest and the
redemption of the bonds which. may be issued for the improvement; and if
any interest becomes due on the bonds where there is no fund from which to
pay the same, the council of such city shall be authorized to make a temporary
loan for the purpose of paying the same. [72 v. 157, § 21.]
SEC. 2362. [Who are owners.] The term owners in this subdivision
shall be so construed as to include all corporations, public, private, and munici-
pal. [72 v. 157, § 22.]
SEC. 2363. [Mistake in description not to vitiate lien.] No mistakes.
in the description of the property, or in the name of the owner, shall vitiate
the lien. [72 v. 157, §23.]
SEC. 2364. [Two-thirds of owners must petition before improvement
ordered under this subdivision.] The council of any such city shall not have
the right to authorize any improvement under this subdivision, unless two-
thirds of the persons owning lands abutting upon any street or avenue to be
improved in such city, petition the council for the privileges of this subdi-
vision; provided, that no improvement shall be made under this subdivision
unless the cost thereof exceed the sum of ten thousand dollars. [73 v. 32, §24.]
The act of March 30, 1875, under which the improvement of North High street, Columbus, was made,
having been declared unconstitutional (State ex rel. v. Mitchell, 31 O. S. 592), such of the property owners
as participated in causing the improvement to be made were held to be estopped from asserting the uncon-
stitutionality of the law: Tone v. Columbus, 39 O. S. 281.
But the mere fact that a property owner has petitioned, will not estop him from objecting that subse-
quent proceedings were in violation of law; Ib.
May be estopped by silence: Ib. Okey, J. dissented.
For cases involving the same questions, and applying the principles laid down in the case of Tone v.
Columbus, supra, see Columbus v. Sohl, 44 O. S. 479; Columbus v. Slyh, Ib. 484; Columbus v. Agler, Ib. 485.
SEC. 2365. [Part of street may be improved.] A part or section of a
street or avenue may be improved under this subdivision as well as an entire
street or avenue. [72 v. 157, § 25.]
SUBDIVISION V.
SEWERS, AND ASSESSMENTS THEREFOR.
CITY OF HAMILTON.
(2365-1) SEC. 1. [Council in Hamilton may make improvements.]
City councils of any city of the third grade b of the second class shall have
the power, whenever the council of any such city deems it expedient and neces-
sary, to grade, gravel, macadamize, curb and gutter the streets and pave the
sidewalks of all new streets not already improved in such cities, with full
power and authority to control the work and make all such improvements at
the same time; and whenever such councils deem it expedient and necessary
to repair any street or portion thereof heretofore improved, by grading, gravel-
ing, macadamizing, curbing and guttering the same and paving the sidewalks,
they shall have like power and authority to control the work and to make any
such improvements, and to order that the improvements shall be paid for and
assessed upon the property abutting on the same, in accordance with the pro-
1165
Tit. XII, Div. 7, Ch. 4.
}
ASSESSMENTS.
§ (2365—2).
visions of this act, and in accordance with the various provisions of law now
enacted or hereafter to be enacted, not inconsistent with this act. [91 v. 579.]
(2365-2) SEC. 2. [Same authority if petitioned.] City council or
any board empowered to pave the streets of any such cities shall have like
authority upon the petition of the property owners owning the majority of the
front feet on any such street, avenue or alley, or part thereof, in any such city
to cause the same to be paved with granite or other stone block, asphalt, asphalt
block, vitrified brick or other permanent material, and to ordain that the cost
of said improvements shall be assessed upon the property bounding and abut-
ting on the same, according to the abutting foot, in accordance with the pro-
visions of this act and other provisions of law now enacted or hereafter to be
enacted, applicable thereto and not inconsistent with this act. [92 v. 757; 91
v. 579.]
(2365-3) SEC. 3. [Procedure.] Before any such improvements con-
templated by this act are commenced, council, as far as practicable, shall adopt
uniform plans and specifications, and before any such improvements are com-
menced on any of the said streets, avenues and alleys or parts thereof, the city
civil engineer, upon the order of council by resolution, shall make and submit
plans and estimates of the proposed cost of making any such improvement,
and present the same to council for acceptance and approval; and if said plans
are adopted, council shall pass the necessary resolution declaring the intention
to improve such new streets, avenues, alleys or parts thereof, in the manner
herein authorized, which resolution shall be published in one newspaper of
general circulation in such cities for a period of two weeks. Said resolution
shall declare the manner of paying for the same and the length of time said
assessments are to run; council shall designate some person to serve notice upon
all the property owners along said proposed improvement, of the passage of
the resolution declaring the intention of council to improve, at least ten days.
before any such improvement is commenced, and notice upon any owner, agent,
guardian or trustee of any such property shall be sufficient notice to residents
of said cities and counties, and a notice published for a period of two weeks,
in one newspaper of general circulation, shall be sufficient notice to non-resi-
dents to bind them to the payment of all assessments against their property
to pay the cost of making any of said improvements. [91 v. 579.]
(2365-4) SEC. 4. [Same.] When any such city makes any improve-
ment or repairs provided for in this act, the costs of which exceed two hundred
and fifty dollars, it shall proceed as follows:
First. It shall advertise bids for a period of two weeks, or if the estimated
cost exceeds five thousand dollars ($5,000), four weeks, in two newspapers pub-
lished in the corporation.
Second. The bids shall be filed with the city clerk, sealed up at such hour
on the last day as stated in the advertisement.
Third. The bids shall be opened at the first regular meeting of the council,
on or after the last day for filing the same, and publicly read and entered on
the journal in brief.
Fourth. Each bid shall contain the full name of every person interested in
the same, and shall be accompanied by a sufficient guarantee of some disinter-
ested party that if the bid is accepted, a contract will be entered into and the
performance of it properly secured.
Fifth. If the work bid for embraces both labor and material, they shall be
separately stated with the price thereof. The bid shall include the price to be
paid for grading, graveling and macadamizing, or any other material to be used,
curbing and guttering the streets, and paving the sidewalks.
Sixth. None but the lowest and most responsible bid shall be accepted,
when such bids are for material and labor separately; provided, that when the
1166
§ (2365-5).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
character for the material of the improvement has not been determined upon
before the bids are received, that the lowest responsible bid for the improve-
ment, with the material determined upon after the bids have been received,
shall be accepted; but the council may, in its discretion, reject any or all bids,
or it may, at its discretion, accept any bid for both labor and material, which
may be the lowest aggregate cost of such improvements or repairs.
Seventh. Bids must be made on blank forms furnished by the city civil en-
gineer with the necessary bond attached thereto, properly filled out and signed,
and no bid, unless properly filled out and signed, shall be entertained by council.
Eighth. The contract shall be between the corporation and the bidder, and
the corporation shall pay the contract price for the work in cash realized from
the sale of bonds authorized under this act pursuant to the limitations and
reservations herein contained.
Ninth. If two or more bidders are equal in the whole or any part thereof,
and are lower than any other, either may be accepted; but in no case shall the
work be divided between them.
Tenth. When there is reason to believe there is collusion or combination
between them or any number of them, the bids of those concerned therein
shall be rejected.
Eleventh. In no case shall any improvement or repairs be divided up in
such a manner as to bring the cost of each portion below the two hundred and
fifty dollars first mentioned in this section.
Twelfth. Council shall advertise for bids for the printing of all resolutions,
notices, proposals and ordinances necessary in the carrying out of the provisions.
of this act. [91 v. 579.]
(2365-5) SEC. 5. [Assessments a lien.] The cost of making any im-
provements authorized by this act shall be assessed by the abutting lineal
foot bounding and abutting upon said improvements, and when the city
council of any such cities shall have resolved to improve any such streets and
sidewalks or parts thereof, and shall have made such assessments upon the real
estate bounding and abutting thereon according to the lineal abutting foot, it shall
cause notice of said assessments to be made as required by law, and after such
improvements shall have been made and completed, the city clerk shall certify
such assessments to the auditor of the county in which such cities are situated,
and by him the same shall be placed upon the tax duplicate of the county
and collected the same as other taxes are collected, and he shall place the pro-
ceeds to the credit of the street improvement fund, and the same shall be a
part thereof. Such assessments shall be payable in ten annual installments or
less, according to the provisions of the resolution ordering said improvements,
to meet the payment of the principal and interest of the bonds with interest
at the rate provided in the bonds, payable annually at the county treasurer's
office; and any such assessment, with the interest accruing thereon, shall be
a lien upon the property bounding and abutting the improvement from the
time the contract is entered into for making said improvement, and shall be a
lien until fully paid, having precedence of all other liens except taxes, and
shall not be divested by any judicial sale unless payment of the same is pro-
vided for from the proceeds of said sale. [91 v. 579.]
(2365-6) SEC. 6. [Notice.] Upon the completion and acceptance of
said work by council, the city engineer shall prepare an assessment plat or sheet,
showing the amount to be paid by each owner, who upon being notified by the
city clerk, either by mail, personal service or publication, shall have thirty
days from date of said notice to pay the same to the city clerk, and upon
failure so to do, the same shall be assessed against said property according to
the provisions of this act, and council shall pass the necessary assessing ordi-
nance which shall be published according to law. [91 v. 579.]
1167
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2365-7).
(2365-7) SEC. 7. [Redemption of bonds.] All moneys received from
such assessments shall be appropriated by the proper authorities solely to the
payment of the interest and the redemption of bonds issued for such purposes,
or any renewal thereof. If any bond or interest shall be due and no money is
on hand to pay the same, the city shall be authorized to make a temporary loan
to pay the same; but such lien shall continue in full force on the abutting
property for the full assessment not paid, and accruing interest for such tempo-
rary loan in behalf of such city. [91 v. 579.]
(2365-8) SEC. 8. [Time lien shall run.] In the resolution declaring
the intention of council to make any of the improvements authorized by this
act, the length of time any such assessments are to run shall be designated
upon the following basis, as taken from the estimate of the civil engineer:
Under forty (40) cents per foot, 3 years.
Over forty (40) cents per foot and under 80 cents per foot, 5 years.
Over 80 cents per foot and under $1 per foot, 7 years.
Over $1 per foot and under $1.50 per foot, 8 years.
All over $1.50 per foot, 10 years, and all improvements made under the
provisions of this act shall be made according to the specifications adopted by
council, and no deviation therefrom shall be permitted by council. And in
calculating the cost of said improvements for the purpose of determining the
amount to be paid by each property owner, the cost of the work, together with
the cost of advertising, shall be taken together as the basis of calculation, and
the same shall be assessed equally upon all the abutting property along said
improvement according to abutting foot fronting and abutting along the same,
excepting that such cities shall pay the cost of the street and gutter crossings,
and the contractor shall be paid for said work by the city, out of the proceeds
arising from the sale of bonds issued by and under authority of this act, but not
until he receives a certificate from the city engineer that the work has been
done according to contract and accepted by council. [91 v. 579.]
(2365-9) SEC. 9. [Bonds in detail.] In order to provide for the pay-
ment of the cost and expense of said improvements to be assessed upon the
abutting property, the council may, from time to time (as such improvement
progresses), issue the bonds of such city in such sums as will be required, in all
to an amount not exceeding the contract price of the work and the other ex
penses attending the same, and the interest as heretofore provided for; said
bonds shall be issued and sold as the other bonds of the city are issued and
sold, but they shall bear the name of the street or avenue for whose improve-
ment they are issued, and shall state therein that they are to be paid for by
assessment upon the property abutting said improvement; said bonds shall ex-
tend over a period as shall by council be determined; but in every case a period
not less than that covered by the annual installment of the assessment to be
provided in the ordinance or resolution directing the improvement; they shall
bear interest at a rate not exceeding 6 per cent. per annum, interest payable
annually at the office of the city treasurer. [91 v. 579.]
(2365-10) SEC. 10. [Payment of city's portion.] To provide a means
for the payment of the city's portion for the cost of intersections when the im-
provement embraces granite, asphalt, vitrified brick or other permanent mate-
rial or the cost of gutter and street crossing under the provisions of section one
[§(2365—1)] of this act, such cities are hereby empowered to issue bonds in con-
formity to section 2706 of the Revised Statutes of Ohio, and sell said bonds under
the provisions of the statutes in such case made and provided in such amounts
and denominations as may be necessary; said bonds shall bear interest at a rate
not to exceed 6 per cent. per annum, interest payable annually, and said bonds
are to run for a period not to exceed fifty years from the date of issue. [91
v. 579.]
1168
§ (2365—11).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
(2365-11) SEC. 11. [Levying of tax.] For the payment of said bonds
issued under the preceding section, the municipal council may levy a tax, in
addition to the amount otherwise authorized by law, every year during the
period the bonds have to run, sufficient in amount each year to pay the bonds
falling due within that year and accruing interest on bonds issued under this act.
[91 v. 579.]
(2365-12) SEC. 12. [Repeals.] That in cities of the third grade b of
the second class, councils, for the purpose of more fully carrying out the pro-
visions of this act, are not to be required to be governed in the execution thereof
by sections 2273, 2283, 2293, 2272, 2274, 2269, Revised Statutes, and 2270 Revised
Statutes, as amended April 27, 1893, and said sections are hereby repealed in so
far as they interefere with the provisions of this act. And where improvements
are to be commenced under this act, and bonds are to be issued for the same in
anticipation of the collection of the assessments, as set forth in the resolution,
the money shall have been deemed to have been raised and set apart for the
improvement, and the clerk of said cities in such case is authorized to make the
necessary certificate as is required in section 2702, Revised Statutes. [91 v.
579.]
(2365-13) SEC. 13. [Action to enjoin.] In any action to enforce or
enjoin the collection of any assesement, the court shall disregard any irregu-
larity or defect, whether in the proceeding of council, or in the plans and
estimates; and the acceptance of the work by council, upon the certificate of
the engineer, shall be presumptive evidence that the contract has been complied
with and the assessment exists; but if it be shown that there is any substan-
tial defect of the improvement, or any fraud in the contract price of the work
or material, the court may order such deduction therefor from the cost of the
improvement, and such deduction shall be ratably from the assessment, and all
the property abutting on said improvement, and the court may make such
order in regard to costs where such substantial defect or fraud is found as the
court shall deem proper. [91 v. 579.]
(2365-14) SEC. 14. ["Owner" defined.] The term "owner" in this
act shall be construed to include all corporations, private, public, county or
municipal. [91 v. 579.]
(2365-15) SEC. 15. [Repeal.] An act entitled "An act to authorize
certain cities to make improvements and issue bonds for the payment of the
same in anticipation of the assessment," passed April 18, 1893, be and the same
is hereby repealed; but all improvements made under the provisions of said
act are hereby declared valid and all assessments made under its provisions are
legal and binding upon the property so improved. [91 v. 579.]
(2365-16) SEC. 1. [Board of commissioners in Hamilton to provide
for improvement of streets, etc.] [Repealed, 93 v. 504; 92 v. 550.]
(2365-17) SEC. 2.
v. 504; 92 v. 550.]
(2365-18) SEC. 2.
(2365-19) SEC. 3.
that are vested by this
v. 550.]
[Board governed by certain act.] [Repealed, 93
[Same.] [Repealed, 93 v. 504; 92 v. 550.]
[Council in Hamilton hereafter has no powers
act in commissioners.] [Repealed, 93 v. 504; 92
SEC. 2366. [Board of improvements to devise a plan of sewerage.]
When it becomes necessary, in the opinion of the council of a city or village,
to provide a system of sewerage and drainage for such municipal corporation,
or any part thereof, it shall be the duty of the board of improvements to devise.
and form, or cause to be devised and formed, a plan of sewerage and drainage
for the whole city or village, or such part thereof as may be designated by the
council; but in all cities and villages the council may by ordinance, declare
1169
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§§ 2367-2368a.
that the construction, maintenance, and cleaning of the sewers shall be under
the care of a board, to be called the commissioners of sewers. [1884, March 11:
81 v. 41; Rev. Stat. 1880; 72 v. 168, § 602; (S. & S. 847).]
For sewer acts relating to particular cities or villages, see ? 2406a to end of this chapter.
Board of public affairs in Portsmouth to exercise duties of commissioners of sewers,
see ? (1707ƒ-14).
Board of control in Hamilton successor of; exercises powers of, see (1545-290).
Right of adjacent owner to damages from municipal corporation occasioned by the construction of a
sewer: Cincinnati v. Penny, 21 O. S. 499, and cases there cited.
Right of municipal corporation to contract for house connections: Cordeman v. Cincinnati, 23 O. S. 499.
Exemption from assessment for the reason that drainage had been provided: Cincinnati v. Bickett, 26
O. S. 49. See, also, 26 O. S. 628.
The power of a city or village, under 1692, subdivision 21, was not, in 1877, restricted by Chapter 50 of the
Municipal Code (66 v. 251), unless council, acting under said chapter, in the exercise of its discretion had pre-
viously determined that it was necessary "to provide a system of sewerage and drainage" for the city or vil
lage: Hartwell v. Railroad Co., 40 O. S. 155.
A municipal corporation is not liable to an action for simply failing to provide drainage for surface
water: Springfield v. Spence, 39 O. S. 665.
A municipality not liable for injuries to buildings caused by construction of sewer where lot adjoining
settles, unless the sewer is negligently constructed: Columbus v. Jaeger, supreme court without report, 36 W.
L. B. 191.
Cited in Springmeyer v. Bowler, 1 C. C. 501. See note to same case under 2402.
Failure to provide plans and estimate the probable expense (2 2366 to 2 2378) is no defense to the assess-
ment: Toledo v. L. S. & M. S. R'y, 4 C. C. 113.
The liability of a city for injuries to buildings resulting from a sewer, arises only when the damage is
caused by the city being negligent in the construction thereof: Cummings, guardian v. Toledo, 12 C. C. 650;
5 O. D. 495.
The damages which an owner of a building is entitled to by reason of a break in a sewer is the difference
in value of the building before and after the injury; not the amount paid out for repairs: Toledo v. Grasser,
12 C. C. 520; 3 O. D. 650.
Interest may be included on the amount of damages from the time the injury occurred, causing the de-
preciation of value: Id.
That a part of the sewer was constructed on private property, affords no ground for such property owner
to resist the assessment: Wilson v. Ciucinnati et al., 5 N. P. 69.
Whatever claim such owner has, is one for damages against the city: Id.
SEC. 2367. [Commissioners of sewers: their powers and duties.] The
commissioners of sewers shall have all the powers, and perform all the duties
required of the board of improvements, as provided in this chapter, or else-
where in this title, in respect to sewers, drains, and ditches. [72 v. 168, § 602.]
In Columbus the board of public works act as commissioners of sewers, see
? (1545-174).
SEC. 2368. [Composition of the board of commissioners of sewers.]
The board of commissioners of sewers shall consist of five members, to bē
appointed by the mayor, subject to the confirmation of council, one of which
shall be appointed for one year, one for two years, one for three years, one for
four years, and one for five years, and thereafter one shall be appointed each
year, to serve for a term of five years, and they shall serve without compensa-
tion; provided, that in a city of the second class or village, in which the coun-
cil fail to establish, or in which it abolishes a board of improvements, the coun-
cil of the city or village shall perform all the duties required of the board of
improvements in this title. [72 v. 168, § 602.]
SEC. 2368a. [Board of sewer commissioners in certain cities; com-
pensation; members; improvements in detail.] In any city of the third
grade of the second class the council shall have power in addition to the power
conferred by sections 2366 and 2368 of the Revised Statutes of Ohio, to establish
a board of sewer commissioners having the same powers and duties as are con-
ferred by law upon boards of sewer commissioners in cities of said grade and
class, but consisting of four members who shall receive such compensation for
their services as may be provided by the council, no more than two of said
board to be members of the same political party, the members thereof to serve
respectively for the terms of one, two, three and four years, said commissioners
to be appointed by the mayor of the city and the court of common pleas
wherein said city is situate, subject to the approval of the council, and an-
nually thereafter said mayor and court of common pleas shall appoint one
member of the board to serve for the term of four years, and shall whenever
necessary make appointments to fill all vacancies on said board for the un-
expired terms, all the appointments to be approved by the council, but such
board of sewer commissioners provided for by this act shall not be established
75
1170
§§ 2369-2370a.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
until after the question whether such board shall be established shall have
been submitted to the electors of the corporation at the regular annual mu-
nicipal election or at a special election and a majority of the electors voting
on the question at such general or special election shall have voted in favor of
the establishment of such a board of sewer commissioners, and the council of
the city upon the petition in writing therefor of at least one hundred electors
of such city for the submission of said question, shall by resolution provide
for such submission at the general election if such petition is filed within sixty
days prior to the general election, but if such petition is filed more than sixty
days prior to the general election the council shall by resolution provide for
and call a special election to be held at the usual place of holding elections, of
the time of holding which special election at least ten days' notice shall be
given by publication in one or more newspapers of general circulation in the
corporation and the council shall give a like notice at least five days prior to
any general election at which said question is submitted, and the electors at
such general or special election who favor the establishment of such a board
of sewer commissioners shall have written or printed on their ballots the
words "Board of sewer commissioners-Yes," and those opposed to the estab-
lishment of such board of sewer commissioners shall have written or printed
on their ballots the words "Board of sewer commissioners-No;" and if a
majority of the votes cast on the question at such general or special election
be in favor of the establishment of such a board, the council shall forthwith
proceed to establish the same. [87 v. 200.]
SEC 2369. [Board may appoint engineers, employes, etc.] In cities
having a board of commissioners of sewers, the board shall appoint an engineer,
who shall be under the direction of the board, and perform all the duties pro-
vided for the city engineer, in this chapter or elsewhere in this title, with respect
to sewers, drains, and ditches; the board may appoint such other employes as it
may deem necessary; and the compensation of the engineer shall be fixed by
the council. [72 v. 168, § 602.]
SEC. 2370. [Sewer districts.] The plan so devised shall, in the discre-
tion of the council, be formed with the view of the division of the corporation.
into as many sewer districts as may be deemed necessary for securing efficient
drainage and sewerage; each of the districts shall be designated by name and
number, and consist of one or more main or principal sewers, with the neces-
sary branches and connections, the main or principal sewers having their outlet
in a river or other proper place; and the districts shall be so arranged as to be
independent of each other so far as practicable. [66 v. 251, § 603; (S. & S. 847;
S. & C. 1560).]
Council of a village has a discretion in devising a plan of sewerage which can not be interfered with by
the court, unless grossly abused: Johnson v. Village of Avondale, 1 C. C. 229.
Cited in Springmeyer v. Bowler, 1 C. C. 501.
An extension giving a proper outlet which was contemplated at the time the sewer was constructed, sat-
isfies the statute, the extension being made: Wilson v. Cincinnati et al., 5 N. P. 70.
SEC. 2370a. [Councils of cities second class, third grade, may issue
bonds for constructing intercepting sewers, etc.] The council of any city
of the second class, third grade, three-fourths of the whole number of members
elected thereto concurring, may, from time to time as the same may be neces-
sary, issue bonds of said city for the purpose of constructing intercepting
sewers for carrying off sewage from the corporation, and to provide an outlet
and procure rights of way where necessary, and making connections with main
or trunk sewers, which bonds shall be issued, advertised and sold according
to law, payable at any time within thirty years from the date of their issue, at
a rate of interest not exceeding five per cent. per annum, payable semi-annually;
but said bonds shall not, be issued until the council shall have submitted to
the electors of such city, at the annual municipal election or at a special
election, the question of the issuing of said bonds, of the submission of which
1171
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
S$ 2371-2376.
question and the amount of bonds proposed to be issued at least ten days'
notice shall be given by publication in one or more newspapers of general
circulation in the corporation; and in the event said question shall be sub-
mitted at a special election, the council shall, by resolution, provide for and
call said election to be held at the usual places of holding elections, and the
electors who favor the issuing of said bonds shall have written or printed on
their ballots the words "Intercepting sewer bonds-Yes," and the electors who
oppose the issuing of such bonds shall have written or printed on their ballots
the words "Intercepting sewer bonds-No;" and after such bonds have been
issued the council shall annually levy on all the taxable property of the cor-
poration a tax sufficient to pay, as they respectively become due, the principal
and interest of all bonds issued under the provisions of this section; and
council may purchase the materials for such sewers and may let the work in
whole or in parts to such bidder or bidders as in its opinion are the lowest
responsible bidders, and in the event the construction of sewers has in any such
city, at the time of making any such improvement, been placed in the care of
a board of commissioners of sewers, in such city the materials and work shall
be so purchased and let by such board, subject to the approval of council. [87
v. 188.]
SEC. 2371. [Main or trunk sewers.] The council may, if in its opinion
expedient, provide for the construction of main, or trunk sewers, without
regard to districts. [66 v. 252, § 604.]
"Main" and "trunk" seem to be synonymous here: Cincinnati v. McDuffie, 1 N. P. 53, 55.
Cited: Wilson v. Cincinnati, 5 N. P. 68.
A taxing district need not be established: Id.
SEC. 2372. [Assessments by districts.] Where the corporation is
divided into sewer districts, the assessments provided for in this subdivision
shall be by districts. [66 v. 252, § 605.]
SEC. 2373. [Discrimination as to improvements.] After such plan has
been prepared and adopted by the board of improvements, or board of com-
missioners of sewers, as the case may be, it shall be their duty to designate
such portions of the work as may be required for immediate use; and where
the corporation is divided into districts, the designation shall be by districts,
and shall show what district, or part thereof, is to be improved. [66 v. 252,
§ 606; (S. & S. 847).]
SEC. 2374. [Plans and specifications to be prepared.] Such boards
shall have plans and specifications prepared for the construction of the pro-
posed main sewers, showing the size, location, and inclination thereof, and the
depth of the same below the surface. [66 v. 252, § 607; (S. & S. 847).]
SEC. 2375. [Notice of completion of plans, etc., to be advertised.]
When plans and specifications for the main sewers have been prepared, the
board of improvements, or the board of commissioners of sewers, shall give at
least ten days' notice, in one or more newspapers of general circulation in the
corporation, stating that such plans have been prepared, and are filed in the
office of the board for examination and inspection by parties interested; by
which notice the board shall designate the portions of the work proposed to be
done, and where main sewer districts are provided for, the boundaries thereof.
[66 v. 252, § 608; (S. & S. 847).]
SEC. 2376. [Amendment of plans, etc.] At the time specified in the
notice, or at an adjourned meeting, the board shall hear the parties interested,
and may, if it sees proper, amend or correct the plans; and it shall thereupon
file the plans, as amended, or, if no amendment be made, then the original
plans, duly certified by it, in the office of the civil engineer of the corporation.
[66 v. 252, § 609; (S. & S. 847).]
1172
1
§§ 2377-2380.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
SEC. 2377. [Engineer to estimate costs, etc.] After the plan of sewer-
age for the corporation, or any part thereof, has been approved by the board,
and filed in the manner above provided, the council may direct the engineer of
the corporation, or sewerage engineer, as the case may be, to make an estimate
of the cost and expenses of constructing the work, according to such plan, and
report to the council what portion of the same will be required for main sewer-
age, and what portion for local sewerage. for any lots and lands to which any
portion of such main sewer may serve as local sewer. [66 v. 252, § 610.]
In a city of the first grade of the first class, a plan of sewerage for a sewer district was prepared by the
assistant engineer in charge of sewers, who, in submitting the plan to the chief engineer, embodied with it
an estimate in gross of the cost of the improvement, and reported that the improvement could be made
without cost to the city. The plan and estimate were submitted to the board of city commissioners, and they
recommended to the council an ordinance to improve according to the plan: Held, the estimate was suffi-
cient to render the assessment valid, although the statute was not strictly followed: Wewell v. Cincinnati,
45 O. S. 407.
SEC. 2378. [Construction of sewers; ordinance, etc.] The council, on
the recommendation of the board, shall cause such sewer, or sewers, specified
in the plan, as may be designated by the board, to be constructed; and the
ordinance shall specify the street, lane, alley, highway, market-space, public
landings, or commons, or part or parts thereof, to be sewered and drained, in
such manner that an examination or survey will show what lot or lots of land
bound or abut on the same; and the council, upon the passage of such ordi-
nance, shall cause a plat to be made, and filed in the office of the clerk of the
corporation, showing the lots so abounding or abutting, and the number of the
feet front of each lot. [66 v. 252, § 611; (S. & S. 848).]
SEC. 2379. [Assessment of cost of main sewers.] The council shall
provide for assessing the cost and expenses of constructing main sewers, upon
the lots and lands bounding or abutting upon the streets, lanes, alleys, high-
ways, market-spaces, public landings, and commons, in or along which the
same shall pass, by the feet front, or according to the valuation of the same on
the tax-list, or according to benefits, as it shall determine. [66 v. 253, § 612;
(S. & S. 848; S. & C. 1547; S. & C. 1561).]
An entire sewer assessment is not void because it included the cost of board sheeting used in construct-
ing the sewer, although the ordinances, notices, and contract, or either of them, did not provide for such
expense: Hastings v. Columbus, 42 O. S. 585.
An assessment is not entirely void by reason of the fact that the cost of the board sheeting was included
in the amount assessed, without any proposal or bid having been advertised or received for the said assess-
ment: Cincinnati v. Anchor White Lead Co., 44 O. S. 243.
See note to Wewell v. Cincinnati, 45 O. S. 407, under ? 2380.
Qu.: Can a sewer assessment be assessed upon the property on one side of the street only? Toledo v. Beau-
mont et al., 3 N. P. 287.
Property owners cannot be assessed for materials that have never entered into the construction of the
sewer: Id.
SEC. 2380. [Limit of such assessment; bonds; when assessments
paid, etc.] The assessment shall not exceed the sum that would, in the
opinion of the council, be required to construct an ordinary street sewer, or
drain, of sufficient capacity to drain or sewer such lots or lands; nor shall
any lots or lands be assessed that do not need local drainage, or which are then
provided therewith; and the excess of the costs, over the assessment herein
authorized, shall be paid out of the sewer fund of the corporation; or in cities
of the third grade of the first class, if the council so determine, may be as-
sessed, in addition to other taxes now authorized by law, on all the real prop-
erty in the sewer district in which said sewer is or may be constructed accord-
ing to benefits, and the council of any such city of the third grade of the first
class shall have power to borrow money, at a rate of interest not to exceed 5
per cent. per annum, in anticipation of the collection of either or both of said
assessments, and to issue the bonds of the corporation therefor, in the same
manner and subject to the same restriction as other municipal bonds are
issued, and when bonds are issued in anticipation of the collection of any such
assessments, they shall be so issued as to fall due at such times as the collec-
tion from such assessment may be available for their payment; and when
1173
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§§ 2380a-2381.
bonds are issued in anticipation of the collection of such assessment, the in-
terest accrued and to accrue on said bonds, shall be considered and treated as
a part of the costs and expenses of such sewer for which assessments may be
made. Such assessments when made shall become due and payable at the
time and in the manner provided by the council, and if said assessment or
any installment thereof shall not be paid at the time the same becomes due,
a penalty of 15 per cent. shall thereupon attach to such unpaid assessment or
installment, and thereafter such unpaid assessment or installment shall bear
interest until payment thereof at the same rate as the bonds issued in antici-
pation of the collection of such assessment; and the county auditor shall an-
nually place upon the tax duplicate the penalty and interest herein provided
for. When the council of any such city of the third grade of the first class
shall determine to issue bonds in anticipation of the collection of assessments
provided for in this section, the provisions of section 2702 shall not apply.
The provisions hereof shall apply to improvements already determined upon,
ordered or completed, and for the payment of which assessments have not
been made. [87 v. 208; 66 v. 253, § 613.]
"
In order to exempt abutting lots from assessments for construction of a sewer, on the ground that they
are already provided" with drainage, as specified in 2613 of the Municipal Code, it is not enough to show
that an ordinance was passed years ago, but never carried into execution, authorizing the construction of
other sewers for the drainage of such lots: Cincinnati v. Beckett & Purcell, 26 O. S. 50.
The exemption is not limited to lots supplied with local drainage under a regular system of city sewer-
age; but lots that are completely drained by a sewer constructed partly by the city and partly by private per
sons, which has been frequently repaired by the city, and into which the city has caused certain streets and
the adjacent territory to be drained, are provided with local drainage within the meaning of this section.
and are thereby exempt from assessment: Wewell v. Cincinnati, 45 O. S. 407.
When a sewer is built and assessments made according to benefits, including non-abutting property, such
non-abutting property owners may afterwards connect with the sewer and cannot be assessed again for another
sewer, the other providing sufficient drainage: Miller et al. v. Toledo, 12 C. C. 706; 1 O. D. 186.
Such a sewer is considered a sub-main sewer: Id.
The local drainage as used in this section means such a sewer or system of sewers with references to the
dimensions, mode of construction, material used, location for the outlet and sanitary conditions as will ben-
efit the persons constructing, but will also not be detrimental to the public, either those who at present or in
the future may built in the vicinity of the sewer: Avondale v. Scudder et al.; Avondale v. Fletcher et al., 12
C. C. 770; 10. D. 514-
A sewer assessment is limited by 32271, and cannot exceed 25 per cent of the value of the lot: Cincin-
nati v. Connor, 55 O. S. 82.
An existing sewer which has no outlet except on private property, does not exempt from assessment as
being already provided: Wilson v. Cincinnati, 5 N. P. 68.
Fact that sewer is too small, or above level of lots, no defense to assessment: Cincinnati for use, etc. v.
McDermott (Ham. Dist. Court), 2 W. L. B. 240.
Parties can not object to the building of a sewer on their street on the ground that all the owners on it
have already made sufficient private arrangements for carrying off their sewage: Johnson v. Village of
Avondale. 1 C. C. 229.
Cited in Springmeyer v. Bowler, 1 C. C. 501.
To entitle to exemption the drainage must be by a local sewer as defined in 22397: Toledo v. Brown,
2 N. P. 45; 3 O. D. 606.
The limit of sewer assessments under ?? 2380, 2384, applies whether the city has been divided into sewer
districts or not, whether the sewer is a main sewer or not, and whether the assessment is by front foot or
otherwise: Toledo v. L. S. & M. S. R'y, 4 C. C. 113.
SEC. 2380a. [Limit of assessment for construction of main sewers in
Springfield.] In cities of the second class, third grade a, the assessment shall
not exceed the sum that would in the opinion of the council and board of
public affairs of said city be required to construct an ordinary street sewer or
drain of sufficient capacity to drain or sewer such lots or lands, and the excess
of the cost over the assessment herein authorized shall be paid out of the sewer
fund of the proper district where such city is divided into sewer districts.
Such assessment, however, shall in no case exceed the sum of two dollars per
front foot. [89 v. 21.]
SEC. 2381. [Assessment of cost of local sewerage.] The council shall
also provide for assessing the expenses of local sewerage, upon the feet front of
lots and lands, by or through which any portion of the main sewer may pass,
or according to the valuation of the same upon the tax-list, or in proportion to
benefits, as it may determine in each case. [66 v. 253, §614.]
See note to Wewell v. Cincinnati, 45 O. S. 407, under 2 2380.
The costs of sewers on several streets may be added together, and thus assessed equally on all the land
adjacent to the several streets: Johnson v. Village of Avondale, 1 C. C. 229.
1174
§§ 2382-2388.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
SEC. 2382. [Rules of assessment, etc.] If the assessment is upon the
feet front, the basis shall be determined by taking the total cost of construct-
ing the main and lateral sewers and drains, and the necessary appurtenances
and inlets, and dividing the gross amount by the number of feet front subject
to assessment, as herein provided for, on each side of the street, lane, alley,
highway, common, market-place, or public landing, through or in which such
sewers and drains may be laid, the quotient forming the amount to be assessed
per foot front for each side of the street, lane, alley, highway, common, market-
space, or public landing, as a charge for the cost and expenses of constructing
the sewers and drains, and their necessary appurtenances. [66 v. 253, § 615;
(S. & S. 848).]
SEC. 2383. [Discrimination in assessment in certain cases.] The
council may exempt from assessment, such portion of the frontage of any lot
having a greater frontage than its average depth, and so much of any frontage
of corner lots, as to it may seem equitable, and charge the deficiency caused
by such exemption on the whole frontage taxed pro rata; but in so doing, it
shall specially set forth, in the ordinance making such assessment, each lot so
exempted; which ordinance, when passed, shall be binding upon the parties.
interested. [66 v. 253, § 616.]
SEC. 2384. [Assessment not to exceed two dollars per foot front.] In
no case shall the assessment exceed the sum of two dollars per foot front on
the property assessed; and when the amount of the quotient exceeds that sum,
the excess shall be paid out of the sewer fund of the corporation. [66 v. 253,
$ 617.]
Cited in Springmeyer v. Bowler, 1 C. C. 501.
Section 2271 also applies to sewers: Cincinnati v. Connor, 55 O. S. 82, (see 11 C. C. 336; 5 O. D. 199.)
SEC. 2385. [Assessment according to benefits.] If the assessment be
according to benefits, the council shall appoint three judicious freeholders of
the corporation, or its vicinity, who shall assess the estimated expense of the
main sewerage upon the lots or lands along which the same passes, in the man-
ner above provided, in proportion to benefits; and the estimated expense of
the local sewerage, where such local sewerage is provided for by this subdi-
vision, shall be assessed on such lots and lands as will, in their opinion, be bene-
fited thereby, whether fronting on the public ground in which the local sewer
is to be constructed, or not, in proportion, as nearly as may be, to the benefits
which may result to each lot or parcel of land. [66 v. 253, § 618; (S. & C. 1547).]
Where a sewer is built and asssessments made according to benefits, including non-abutting property,
such non-abutting property owners may afterwards connect with the sewer and cannot be assessed again for
another sewer: the other providing sufficient drainage: Miller et al. v. Toledo, 12 C. C. 706; 1 O. D. 186.
Such a sewer is considered a sub-main sewer: Id.
SEC. 2386. [Report of assessments.] The assessor shall make a report.
in writing, specifying the amounts assessed by them upon each lot or parcel of
land for main or local sewerage separately, and file the same with the clerk of
the corporation, within such time as the council may direct. [66 v. 254, §619;
(S. & C. 1547).]
SEC. 2387. [Notice of assessment to be published; Toledo.] After
the report is filed, the council shall cause not less than ten days' notice to be
given, in some newspaper of general circulation in the corporation, setting
forth the object of such assessment, and that the same will come before the
council for confirmation at a time to be specified in the notice. And in any city
of the third grade of the first class, if a newspaper printed and published in
the German language is published in said city, such notice shall also be pub-
lished in such newspaper for the same time and in the same manner as above
provided. [90 v. 354; 66 v. 254, § 620; (S. & C. 1547).]
SEC. 2388. [Filing of objection to assessment.] Objections to the
assessment shall be in writing, and filed with the clerk within two weeks after
the expiration of the notice; and persons objecting may be heard before the
council at the time specified in the notice. [66 v. 254, § 621; (S. & C. 1547).]
1175
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
S$ 2389-2395.
SEC. 2389. [Action of court thereon.] The council may set aside the
assessment on its own motion, or may, after hearing objections, confirm the
same, or set it aside. [66 v. 254, § 622; (S. & C. 1547).]
SEC. 2390. [New assessment provided for.] If the council set aside
the first or any other assessment, it may appoint other assessors, possessing the
same qualifications as herein before provided, and cause new assessments to be
made; and the proceedings shall be the same as are provided for in the first
assessment. [66 v. 254, § 623; (S. & C. 1547).]
SEC. 2391. [Errors to be corrected.] In confirming any assessment,
the council may correct errors in description of any lots or lands made by the
assessors. [66 v. 254, § 624; (S. & S. 850).]
SEC. 2392. [Order to county auditor to place assessment on duplicate.]
After making an assessment for main or local sewerage according to valuation,
or according to feet front, or after the confirmation of any assessment for main
or local sewerage according to benefits, the council may order such percentage
of the assessment for main sewerage as may be necessary to pay the estimated
cost of such portion of any main sewer, as provided for in this subdivision,
which it may determine to construct, together with the total assessment for
local sewerage for such portion of any main sewer, whether the assessment be
by valuation, by benefits, or by the feet front, to be certified to the auditor of
the county in which the corporation is situated, to be placed on the tax-list,
and collected as other taxes. [66 v. 254, § 625.]
SEC. 2393. [Assessment to be lien on lands, etc.] All assessments
made under the provisions of this subdivision shall be liens on the lots or lands
assessed; they shall be transferable, and may be collected against the owners
personally, or by enforcement of the lien upon the property subject thereto; and
proceedings for the recovery of the assessments, or the enforcement of the lien,
shall be as directed in the preceding subdivisions of this chapter. [66 v. 254,
§§ 626, 627; (S. & C. 1547).]
In an action under this section to enforce an assessment for the construction of a sewer, it is error, where
the proper defense is made, to render a personal judgment against one in possession of the property assessed,
"' within
but having no other interest therein than as a lessee for a term of ten years. He is not an "owner"
the meaning of this section, and it will make no difference in such action that the lease provides for the pay-
ment by the lessee of all assessments upon the property: Davis v. Cincinnati, 36 O. S. 24.
SEC. 2394. [Assessments in new sewer districts.] When a sewer dis-
trict is set off, or established, the main sewer of which is a continuation of, or
drain through or into the main sewer of any other district, the council, in pro-
viding for assessing the cost and expenses of the main sewer in such new sewer
district, may provide for assessing upon the lots and lands therein such propor-
tion as they shall determine to be just, of the cost and expenses of construct-
ing any unconstructed part of the main sewer in the district through which
the new main sewer drains; which assessment, when the proportion thereof :3'
determined, shall be made in the manner that other assessments are herein
directed to be made. [66 v. 255, § 628.]
Sections 2394 to 2398 cited in Toledo v. L. S. &. M. S. R'y, 4 C. C. 113, 125–7.
SEC. 2395. [Subdivision of main sewer districts.] The council shall
have power to subdivide any main sewer district into sub-main sewer districts,
or lateral or branch sewer districts, in the manner in which the establishment
of main sewer districts is provided for; lay out and construct in such sub-main,
or lateral or branch sewer districts, sub-main, lateral, or branch sewers having
a common outlet into a main sewer; and assess and collect the cost of such
construction upon the lots and lands in such sub-main, or lateral, or branch
sewer district, in all respects, as directed in this subdivision for the assessment
and collection of the cost of constructing main sewers. [66 v. 255, § 629 ;
(S. & S. 857).]
Where a sewer is built and assessments made according to benefits including non-abutting property, such
nou-abutting property owners may afterwards connect with the sewer and cannot afterwards be again assessed
for another sewer, the other providing sufficient drainage: Miller et al. v. Toledo, 12 C. C. 706; 10. D. 186.
Such sewer is considered a sub-main sewer: Id.
}
1176
§§ 2396-2400.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
SEC. 2396. [Assessments pro rata, etc.] If the council determine to
build only a portion of the sewer or sewers in such sub-main, lateral, or branch
sewer districts, it shall be lawful in such case to levy and assess the pro rata
cost of constructing the whole of the sewer or sewers in such districts upon the
lots or parcels of lands bounding or abutting upon the streets or public high-
ways through or by which the portion of such sewer or sewers may be con-
structed; and the excess in the cost of the sewer or sewers so built, above the
estimated pro rata cost for the whole district, shall be levied and assessed pro
rata upon all the lots or parcels of land bounding or abutting upon the streets
or public highways in such districts in which the sewer or sewers are not at
that time completed. [66 v.255, § 630; (S. & S. 858).]
SEC. 2397. [Construction of branch or local sewers.] The council
may provide for the construction of branch or local sewers within any street,
or other public ground, within the corporation, wherein a main sewer is not
established or built, which local sewers shall connect with a main sewer con-
venient thereto, as the council may direct; and if the corporation is laid off into
districts, the connection shall be with a main sewer in the district wherein the
local sewers are constructed; but no sewer shall be considered local, except
such as are intended for and used exclusively for the drainage and accommo-
dation of lots abutting thereon. [66 v. 255, § 631.]
See note to Miller et al. v. Toledo, 12 C. C. 706; 1 0. D. 186, under 2385,
SEC. 2398. [Proceedings therefor.] Proceedings for the establishment
and construction of local sewers, as provided in the preceding section, and for
the assessment and collection of the cost and expenses thereof shall be as
directed in the previous sections of this subdivision regulating the establish-
ment and construction of local sewers and connection with main sewers. [66
v. 255, § 632.]
SEC. 2398a. [Procedure for construction of local sewers, etc., in
Springfield.] Proceedings for the establishment and construction of local
sewers, as provided in the preceding section, and for the assessment and collec-
tion of the cost and expenses thereof, shall be as directed in the previous sec-
tions of this subdivision regulating the establishment and construction of local
sewers and connection with main sewers, except that in cities of the second
class, third grade a, where such cities are divided into sewer districts, the con-
current opinion of the council and the board of public affairs shall be final and
conclusive as to the necessity for the construction of such branch or local sew-
ers, and as to the benefit they confer upon the abutting or other property, and
as to the amount and apportionment of the assessments for the construction
of such branch or local sewers. Such assessment shall, in no case, however,
exceed the sum of two dollars per front foot. [89 v. 21.]
SEC. 2399. [Division of lots after first assessment.] If any division
or subdivision of lots or lands assessed for sewerage purposes occur after the
first assessment has been made and confirmed, the council may require the
assessors herein before mentioned, or such other assessors as it shall select, to
apportion the original amount assessed upon the several parts of lots or lands
so divided, whose report, when confirmed by the council, shall be conclusive
upon all parties; and all assessments thereafter made upon such lots or lands
shall be according to such division, and collected in the same manner as upon
the original assessment. [66 v. 255, § 633.]
SEC. 2400. [House connections and branches.] The council, upon the
recommendation of the board, may provide for the construction of proper house
connections and branches leading into all main or branch sewers, and for the
assessment of the cost and expense thereof upon the lots or parcels of land for
the accommodation of which such connections and branches may be con-
structed; but in no case, except as a sanitary measure, shall the council require
•
1177
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ 2401.
such house connections to be built further from the sewer, than to the inner line
of the curbstone of the street or highway in which the same are constructed.
[66 v. 256, § 634; (S. & S. 858).]
Under 2 of the act of April 5, 1866 (S. & S. 858), the city authorities are not thereby authorized to contract
for the construction of such house connections, except in view of the permanent improvement of the street
where they are to be made, nor unless it appears that their construction was definitely recommended by the
board of city improvements and approved by the city council: Cordeman et al. v. City of Cincinnati, 23 O. S.
499.
It is within the discretion of the municipal authorities to permit sewers to be tapped, and to establish
regulations therefor: State ex rel. Thoms v. Cincinnati (Ham. Dis. Court), 4 W. L. B. 293.
SEC. 2401. [Cost of branch sewers: how assessed.] When an im-
provement provided for in the preceding section has been made, and the assess-
ment therefor has not previously been ordered, the council shall pass an ordi-
nance assessing the cost thereof upon the lots or parcels of ground for the
accommodation of which such improvement was made; and by such ordinance it
shall be declared within what time the assessment shall be paid into the treas-
ury. [66 v. 256, § 635.]
SEC. 2402. [Tapping sewers for private use; Cincinnati.] Parties
owning property abutting upon a street or public highway, in or through
which a public sewer or drain is constructed, shall have the privilege of tap-
ping and using such sewer or drain for the purpose of draining their premises,
under such rules and regulations as may be prescribed by the board; and the
council may, by ordinance, require persons contracting to build such house
connections to procure a license from the board, and may charge therefor such
sum as may be deemed just. In cities of the first grade of the first class when-
ever in the opinion of the board of administration, it is necessary as a sanitary
measure or for the cleanliness of the public streets or highway, the owner of
property abutting upon any street or public highway in or through which a public
sewer or drain has been constructed may be ordered by said board to tap and
use such sewer or drain for the purpose of draining such premises, and if within
sixty days after service of such notice upon the owner, or if he be absent from
the county then upon his agent, or if such agent be not found then upon the
occupant of the premises, such order is not complied with, upon application to
a court of competent jurisdiction the owner and occupants shall be enjoined
from using such premises in any manner until the order of the board of
administration has been complied with. [89 v. 403 ; 66 v. 256, § 636; S. & S. 849.]
One who successfully resists a sewer assessment may be required to pay before using the sewer: Herr-
mann v. State ex rel., 54 O. S. 506.
A sewer constructed in a public street in a city by private parties, and given to the city, is a public sewer
within the meaning of this section: Springmeyer v. State ex rel. Bowler, 1 C. C. 501.
A person owning property abutting on the street, who did not contribute to the building of the sewer,
has the right to tap it on the payment of the usual fee for a permit: the board has no authority to charge
more than the usual fee provided by ordinance of council: 1ồ. State v. Graydon, 6 C. C. 634.
Mandamus is the proper remedy: Ib.
SEC. 2403. [Ditches for drainage.] The council of any city or village
shall also have power to provide for the construction of ditches for necessary
drainage within the corporation, under the restrictions and regulations, so far
as applicable, contained in this subdivision. [66 v. 256, § 637.]
Corporation is liable for damages caused by cutting the ditch in such a manner as to cause the water to
overflow and wash away the plaintiff's land: Rhodes v. Cleveland, 10 O. 159.
SEC. 2404. [Repairs of sewers, ditches, etc.] The council may, when-
ever it is deemed necessary, provide for the repair or reconstruction of any
sewer, ditch, or drain; and the proceedings for that purpose shall be the same,
so far as applicable, as are herein required for the original construction thereof.
[66 v. 256, § 638.]
(2404-1) [County commissioners empowered to authorize construc-
tion of branches to main sewers, etc., in Circleville.] Where a main sewer
or ditch has been constructed in any city which, at the last federal census had,
or which at any subsequent federal census may have, a population of 6046, by
the county commissioners, and is under the control of said commissioners,
1178
§ (2404—2).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
said county commissioners are hereby authorized and empowered to grant per-
mits for the construction of lateral or branch sewers to connect therewith.
[87 v. 220.]
(2404-2) [Petition; contract.] When a petition, signed by two or
more lot or land-holders, is presented to such board of commissioners, praying
for a permit to construct a branch sewer or ditch to connect with said main
sewer or ditch, said board shall order said petitioners to enter into a contract
to construct such branch sewer or ditch in accordance with the plans and spe-
cifications therefor, as hereinafter provided; also enter into a good and suffi-
cient bond conditioned for the faithful performance of such contract, according
to such plans and specifications, and said branch sewer or ditch when so con-
structed by the petitioners, shall be examined by said board of commissioners,
and if found to be in all respects in accordance with said plans and specifica-
tions therefor, shall be accepted by said board, and become a part of the main
sewer or ditch, owned and controlled by said board of county commissioners.
[87 v. 220.]
(2404-3) [Survey; apportionment of assessment.] Said board of
county commissioners shall appoint a competent engineer to survey the line
of said proposed branch sewer or ditch, and prepare plans and specifications
for the construction of the same. Said plans and specifications shall be exam-
ined and approved by said board of county commissioners before they grant
permission and make said contract for the construction of such branch sewer
or ditch. Said board of commissioners, together with the engineer appointed
by them, shall ascertain the entire costs of said branch sewer or ditch, to which
shall be added the costs, if any, that may be incurred in the survey of the
same, and when they have so found the aggregate cost thereof, they shall
apportion the same to each lot or land-owner who has signed said petition or
tapped said sewer or ditch along the line of the same, according to the benefits
derived therefrom. And the board of commissioners shall, by an order on their
journal, prescribe the manner in which said assessments so apportioned shall
be paid, but in no event shall the payments extend over the period of two
years. [87 v. 220.]
(2404—4) [Tapping of sewer and branch; who may do so.] Parties
owning property abutting upon a street or public highway, in and through
which such sewer or ditch and branch are constructed, shall have the privilege
of tapping and using such sewer or ditch and branch for the purpose of drain-
ing their premises, under such rules and regulations as may be prescribed by
the board. And the board may require such persons contracting to build such
house connections to procure a license from the board, and may charge there-
for such sum as may be deemed just. [87 v. 220.]
SEC. 2405. [Surface drainage; non-liability of land owners for dam-
ages in certain cases.] In a city in which a system or plan of drainage has
been adopted by competent municipal authority, and completed, any private
owner or occupant of real estate contiguous to any part of such system or plan,
who reasonably provides for carrying off all the surface or accumulated water
upon such real estate into the completed system or plan, and maintains in
proper order the means so provided, shall not be liable, while he keeps up and
maintains such means of drainage, to an action by a neighboring owner or
occupant of real estate, for water that may flow against, upon, or over his real
estate, or injure the same, or the property thereon, after the same has been so
discharged into such system or plan of drainage. [70 v. 292, §1.]
Where a municipal corporation provided a system of drainage, which at the time was amply sufficient,
but by the improvement of lots by individual owners thereof such drainage becomes insufficient to save
vacant lots from overflow in time of severe rain storms, a purchaser of one of such vacant lots, who, with
knowledge that the lot is subject to overflow at such times, erects thereon a building, can not maintain an
action against the city for damage caused by such overflow, but must protect his own property from the same:
Springfield v. Spence, 39 O. S. 665.
1179
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§§ 2406-2406a.
SEC. 2406. [Board of city commissioners to have control of sewers,
etc., in Cincinnati.] In cities of the first grade of the first class the powers
and duties devolved by this chapter upon the board of improvements or com-
missioners of sewers shall be performed by the board of city commissioners,
and in such cities there shall be no board of commissioners of sewers. [76 v. 89,
§ 145.]
SEC. 2406a. [How assessments may be paid; duty of board of public
affairs; bonds; when assessments to be placed upon tax-list.] In cities of
the first grade of the first class, the council may require any assessment men-
tioned in this sub-division to be levied and paid either in one installment, or in
not exceeding ten equal annual installments, as it shall in each case determine
either in the resolution or ordinance to improve; and all those powers and
duties mentioned in this chapter relative to proceedings to authorize and
procure the construction and repairs of the sewerage and other improvements
named in this sub-division, which are vested in and may be performed by coun-
cil subsequently to the adoption of an ordinance to improve under section two
thousand three hundred and sixteen of said chapter, shall hereafter be vested in and
performed by the board of public affairs alone, without the concurrence of the
council; and said board of public affairs shall have exclusive control of any
and all funds now in the treasury of any such city, or that may hereafter be
paid into such treasury for the purpose of constructing or repairing sewers or
house connections, drains or ditches, and the comptroller and treasurer of every
such city are authorized and directed to make payments out of such funds only
upon the order of said board. In all cases where council has determined that
any assessment mentioned in this sub-division shall be paid in installments,
the option of paying his portion of such assessment in full within a period of
twenty days from the date of the levy thereof shall be given to each of the
property owners, and notice of such option shall be published twice within the
first ten days of said period of twenty days, in at least one newspaper of general
circulation in the cities where any such assessment is levied; and all unpaid
portions of each and all of said installments shall bear interest from and after
the expiration of said option at the rate of six per centum per annum until
paid. In order to pay the cost of any such improvement as to which any such
assessment in installments is made, said board of public affairs may borrow
upon the credit of the corporation a sum of money sufficient to pay such cost,
and may issue bonds, notes, or certificates of indebtedness under the corporate
seal, pledging the faith and credit of the corporation for the payment of the
principal and interest of such bonds, notes, or certificates of indebtedness,
which interest shall not exceed the rate of six per centum per annum, payable
semi-annually, and such bonds, notes, or certificates of indebtedness shall
express upon their face the purpose for which, and under what order they are
issued, and shall be signed by the president and clerk of said board, and coun-
tersigned by the comptroller of the corporation, and may be sold by said board
for not less than their par value, upon ten days' notice, published in at least one
newspaper of general circulation in the corporation. The moneys so obtained
shall be applied exclusively in each case by said board of public affairs to the
payment of the cost of the improvement as to which the assessment in install-
ments is made. When any such assessment in installments is made, and bonds.
notes, or certificates of indebtedness are issued as aforesaid, in anticipation of
the collection of such assessment, the ordinance of said board directing the
assessment shall specify the amount by the front foot or according to valuation
or benefits, or otherwise, and the comptroller of the corporation shall, on or
before the second Monday of September, annually, certify such assessment to
the county auditor, and the assessinent shall be placed on the tax list and col-
lected, and when collected shall be paid and applied in the manner prescribed
1180
§§ 24066-2406c.
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
by section two thousand six hundred and ninety-five of the Revised Statutes for the
collection of assessments. [1889, April 6: 86 v, 213, 214.]
Section 2 of the act creating 2 2406a is as follows:
"SEC. 2. That nothing herein shall be so construed as to repeal or affect an act entitled 'an act to pro-
vide for the construction of trunk sewers, in cities of the first grade of the first class,' passed March 12, 1887;
and this act shall take effect and be in force from and after its passage.
11
For the act of March 12, 1887 (84 v. 75), above referred to, see 2 (2406—112) et seq.
SEC. 2406b. [Sewer assessments in instalments in Hamilton County
villages; option of paying assessment in full; interest; bonds; placing
assessment upon tax list.] The council of incorporated villages situated in
counties containing cities of the first grade of the first class, may require any
assessment mentioned in this subdivision to be levied and paid either in one
instalment, or in not exceeding ten equal annual instalments, as it shall in
each case determine either in the resolution or ordinance to improve. In all
cases where council has determined that any assessment mentioned in this
subdivision shall be paid in instalments, the option of paying his portion of
such assessment in full within a period of twenty days from the date of the
levy thereof shall be given to each of the property owners, and notice of such
option shall be published twice within the first ten days of said period of
twenty days, in at least one newspaper of general circulation in the county
and village where any such assessment is levied; and all unpaid portions of
each and all of said instalments shall bear interest from and after the expira-
tion of said option at the rate of six per centum per annum until paid." In
order to pay the cost of any such improvement as to which any such assess-
ment in instalments is made, the council may borrow upon the credit of the
corporation a sum of money sufficient to pay such cost, and may issue bonds,
notes or certificates of indebtedness under the corporation seal, pledging the
faith and credit of the corporation for the payment of the principal and inter-
est of such bonds, notes or certificates of indebtedness, which interest shall
not exceed the rate of six per centum per annum, payable semi-annually, and
such bonds, notes or certificates of indebtedness shall express upon their
face the purpose for which and under what order they are issued, and shall be
signed by the mayor and clerk of said village, and may be sold for not less
than their par value, upon ten days' notice published in at least one newspaper
of general circulation in the county and village. The money so obtained shall
be applied exclusively in each case to the payment of the cost of the improve-
ment as to which the assessment in instalments is made. When any such
assessment in instalments is made, and bonds, notes or certificates of indebt-
edness are issued as aforesaid, in anticipation of the collection of such assess-
ment, the ordinance directing the assessment shall specify the amount by the
front foot, or according to valuation or benefits, or otherwise, and the village
clerk shall, on or before the second Monday of September, annually, certify
such assessment to the county auditor, and the assessment shall be placed on
the tax list and collected; and when collected shall be paid and applied in the
manner prescribed by law for the collection of assesments. [90 v. 60.]
SEC. 2406c. [Additional tax; anticipation of same.] In addition to
the levy and taxation already provided for by law, the council of any village
situated in a county containing a city of the first grade of the first class,
may levy, annually, on each dollar of valuation of taxable property in the
corporation a tax not exceeding two mills, for the construction and repairs
of sewers, drains and ditches, and as a sewerage fund of the corporation and
the council may anticipate the tax so authorized to be levied by temporary
loans, but no loan shall be made in excess of the gross amount of taxes levied
for such purposes during the then current year; and money so borrowed when
paid into the treasury shall be applied first in payment of such loan. [90
v. 60.]
For sewers in villages in Cuyahoga county, see 92 v. 580.
1181
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2406-1).
IN CLEVELAND.
Cleveland may issue main sewer construction and repair bonds, 93 v. 526.
(2406-1) SEC. 1. [Board of improvements in Cleveland to devise
plan of sewerage.] When it becomes necessary, in the opinion of the coun-
cil of such cities, to provide a system of sewerage and drainage for such muni-
cipal corporations, or any part thereof, it shall be the duty of the board of
improvements to devise and form, or cause to be devised and formed, a plan
of sewerage and drainage for the whole city, or such part thereof as may be
designated by the council; but in all such cities the council may, by ordi-
nance, declare that the construction, maintenance and cleaning of the sewers
shall be under the care of a board to be called the commissioners of sewers.
[80 v. 143.]
This act applies to Cleveland and the bonds issued under it are valid: Hayes v. Cleveland, 55 O. S.
117, 124.
(2406-2) SEC. 2. [Powers of commissioners of sewers.] The com-
missioners of sewers shall have all the powers, and perform all the duties re-
quired of the board of improvements, as provided in this act. [80 v. 143.]
(2406-3) SEC. 3. [How commissioners appointed, and term.] The
board of commissioners of sewers shall consist of five members, to be appointed
by the mayor, subject to the confirmation of the council, one of which shall
be appointed for one year, one for two years, one for theree years, one for four
years, and one for five years, and thereafter one shall be appointed each year,
to serve for a term of five years, and they shall serve without compensation.
[80 v. 143.]
The board of control acts as commissioners of sewers in Cleveland, see (1545-69).
(2406-4) SEC. 4. [Board to appoint engineer, etc.] In cities having
a board of commissioners of sewers the board shall appoint an engineer, who
shall be under the direction of the board, and perform all the duties provided
for the city engineer in this act; the board may appoint such other employes
as it may deem necessary; and the compensation of the engineer shall be fixed
by the council. [80 v. 143.]
(2406-5) SEC. 5. [Council to divide city into districts.] The plan
so devised shall, in the discretion of the council, be formed with a view of the
division of the corporation into as many sewer districts as may be deemed
necessary for securing efficient drainage and sewerage; each of the districts
shall be designated by name and number, and consist of one or more main or
principal sewers with the necessary branches and connections, the main or prin-
cipal sewers having their outlet in a river or other proper place; and the dis-
tricts shall be so arranged as to be independent of each other, so far as prac-
ticable. [80 v. 143.]
(2406-6) SEC. 6. [Main sewers; how constructed, and cost.] The
council may, if by it deemed expedient, provide for the construction of main
sewers (which designation shall include trunk or intercepting sewers, so called),
without regard to sewer districts, and apportion the cost and expense thereof
equitably among the districts, directly or indirectly sewered in whole or in
part thereby, and assess and collect the amount apportioned to each district
in the manner prescribed in this act for the assessment and collection of
the cost and expense of constructing main sewers in sewer districts; or, the
council may so apportion a part only of such cost and expense among the dis-
tricts directly or indirectly sewered in whole or in part thereby, and provide
for the payment of the residue thereof by the city at large. And for the pur-
pose of providing a fund for the payment of the part so apportioned to be paid
by the city at large, any such city is hereby authorized to borrow not to exceed
seven hundred and fifty thousand ($750,000) dollars at a rate of interest not
to exceed five (5) per cent. per annum, payable semi-annually, and to issue and
1182
§ (2406—7).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
sell its bonds therefor, at such times and in such denominations and payable
at such time or times, not exceeding thirty (30) years from their date as the
council may determine. Such bonds shall, in all other respects, conform to
the requirements of chapter 2, division 9, title 12, of the Revised Statutes of
Ohio; and for the purpose of paying the interest and principal of said bonds,
as the same shall become due, said council is hereby authorized and empow-
ered, in addition to the other levies authorized by law, to levy a tax upon the
property subject to taxation in such city sufficient in amount to pay such in-
terest and principal, and such taxes shall be levied and collected in the same
manner as other taxes. [92 v. 559; 80 v. 143.]
(2406-7) SEC. 7. [Certain improvements to be designated.] After
said plan has been prepared and adopted by the board of improvements, or
board of commissioners of sewers, as the case may be, it shall be their duty to
designate such portions of the work as may be required for immediate use;
and when the corporation is divided into districts, the designation shall be by
districts, and shall show what district, or part thereof, is to be improved. [80
v. 143.]
(2406-8) SEC. 8. [Plans and specifications.] Such boards shall have
plans and specifications prepared for the construction of the proposed main
sewers, in the work thus designated, showing the size, location, and inclination
thereof, and the depth of the same below the surface. [80 v. 143.]
(2406-9) SEC. 9. [Board to give notice that plans have been
filed.] When plans and specifications for such main sewers have been pre-
pared, the board of improvements, or the board of commissioners of sewers
shall give at least ten days' notice, in one or more newspapers in general cir-
culation in the corporation, and by twenty-five notices posted in convenient
places within the district, stating that such plans have been prepared, and are
filed in the office of the board for examination and inspection by parties inter-
ested, by which notice the board shall designate the portions of the work pro-
posed to be done, and, where the main sewer districts are provided for, the
boundaries thereof. [80 v. 143.]
(2406-10) SEC. 10. [Plans may be amended or corrected.] At the
time specified in the notice, or at an adjourned meeting, the board shall hear
the parties interested, and may, if it sees proper, amend or correct the plans;
and it shall thereupon file the plans as amended; or, if no amendment be
made, then the original plans, duly certified by it, in the office of the civil
engineer of the corporation. [80 v. 143.]
(2406-11) SEC. 11. Engineer to make estimate of cost and report
to council.] After the plan of sewerage for the corporation, or any part
thereof, has been approved by the board, and filed in the manner above pro-
vided, the council may direct the engineer of the corporation, or sewerage
engineer, as the case may be, to make an estimate of the cost and expenses of
constructing the work according to such plan, and report to the council what
portion of the same will be required for main sewerage, and what portion for
local sewerage, for any lots and lands to which any portion of such main sewer
may serve as local sewer. [80 v. 143.]
(2406–12) SEC. 12. [Sewers to be constructed; ordinance shall
specify what street, etc., to be drained.] The council, on recommendation
of the board, shall cause such sewer or sewers, specified in the plan, as may be
designated by the board, to be constructed; and the ordinance shall specify
the street, lane, alley, highway, market place, public landings or commons, or
parts thereof, to be sewered or drained, in such manner that an examination or
survey will show what lot or lots of land bound or abut on the same; and the
council, upon the passage of such ordinance, shall cause a plat to be made, and
1183
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2406-13).
filed in the office of the clerk of the corporation, showing the lots so bounding
or abutting, and the number of the feet front of each lot. [80 v. 143.]
(2406-13) SEC. 13. [Council shall assess cost of main sewer ac
cording to valuation or benefits.] The council shall provide for assessing
such portion of the cost and expenses of constructing main sewers, as it shall
determine to be a proper charge for the local sewerage and drainage furnished
by such main sewers upon the lots and lands bounding or abutting on the
streets, lanes, alleys, highways, market spaces, public landings, commons or
other public grounds, in or along which the same shall pass, by the feet front,
or according to the valuation of the same on the tax list, or according to the
benefits, as it shall determine. [80 v. 143.]
(2406-14) SEC. 14. [How property assessed.] The assessment shall
not exceed the sum that would, in the opinion of the council, be required to
construct a local sewer of sufficient capacity to drain and sewer such lots or
lands, nor shall any lots or lands be assessed that do not need local drainage or
sewerage, or which are then provided therewith, and the excess of the cost of
the main sewers, over the assessment herein authorized, shall be paid out of
the sewer fund of the sewer district in which the same are constructed, when
the corporation is divided into sewer districts; otherwise out of the sewer fund
of the corporation. [80 v. 143.]
(2406-15) SEC. 15. [What property may be exempt.] The council
may exempt from assessment such portion of the frontage of any lot, having a
greater frontage than its average depth, and so much of any frontage of corner
lots as to it may seem equitable; but in so doing it shall specially set forth, in
the ordinance making such assessment each lot so exempted, which ordinance,
when passed, shall be binding upon the parties interested. [80 v. 143.]
(2406-16) SEC. 16. [Maximum assessment per foot front.] In no
case shall the assessment exceed the sum of two dollars per foot front on the
property assessed, and the excess shall be paid out of the sewer fund of the
sewer district in which the sewer is constructed when the corporation is divided
into sewer districts; otherwise out of the sewer fund of the corporation. [80
v. 143.]
(2406-17) SEC. 17. [Assessments according to benefits: how shall
be made.] If the assessment be according to benefits, the council shall ap-
point three judicious freeholders of the corporation, or its vicinity, who shall
assess the said portion of the cost and expense of constructing main sewers,
which the council has determined to be a proper charge for the local sewerage
and drainage furnished by the same, upon the lots and lands along which the
same passes, in proportion, as nearly as may be, to the benefits which may re-
sult to each lot or parcel of land. [80 v. 143.]
(2406-18) SEC. 18. [Duties of assessors.] The assessors shall make
a report in writing specifying the amount assessed by them upon each lot or
parcel of land, separately, and file the same with the clerk of the corporation
within such time as the council may direct. [80 v. 143.]
(2406-19) SEC. 19. [Council to give notice of assessment and final
action.] After the report is filed, the council shall cause not less than ten
days' notice to be given, in some newspaper of general circulation in the cor-
poration and by twenty-five notices posted in convenient places within the dis-
trict, setting forth the object of said assessment, and that the same will come
before the council for confirmation at the time to be specified in the notice.
[80 v. 143.]
(2406-20) SEC. 20. [Objections to be filed with the clerk.] Objec-
tions to the assessment shall be in writing, and filed with the clerk within two
weeks after the expiration of the notice; and persons objecting may be heard
before the council at the time specified in the notice. [80 v. 143.]
1184
§ (2406—21).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
(2406-21) SEC. 21. [Council may set aside or confirm assess-
ments.] The council may set aside the assessment on its own motion, or may,
after hearing objections, confirm the same, or set them aside. [80 v. 143.]
(2406-22) SEC. 22. [Proceedings when assessment is set aside.]
If the council set aside the first, or any other assessment, it may appoint other
assessors, possessing the same qualifications, as herein before provided, and cause
new assessments to be made; and the proceedings shall be the same as are pro-
vided for in the first assessment. [80 v. 143.]
(2406–23) SEC. 23. [Council may correct error.] In confirming
any assessment, the council may correct errors in the description of any lots or
lands made by the assessor. [80 v. 143.]
(2406-24) SEC. 24. [May order assessments certified to auditor.]
After making an assessment, either according to feet front, valuation or bene-
fits, the council may order the same, or any part thereof, to be certified to the
auditor of the county in which the corporation is situated, who shall place the
same on the tax list, and it shall be collected as other taxes. [80 v. 143.]
(2406-25) SEC. 25. [Assessments to be liens.] All assessments
made under the provisions of this sub-division shall be liens on the lots or
lands assessed; they shall be transferable, and may be collected against the
owners, personally, or by enforcement of the lien upon the property subject
thereto; and proceedings for the recovery of assessments, or the enforcement
of the lien, shall be as directed in chapter four, division seven, title twelve of the
revised statutes relating to assessments. [80 v. 143.]
(2406-26) SEC. 26. [How assessments made in new sewer dis-
tricts.] When a sewer district is set off or established, the main sewer of which
is a continuation of, or drain through, or into (either temporarily or perma-
nently), the main sewer of any other district, the council, in providing for
assessing the cost and expense of the main sewer, in such new sewer district,
may provide for assessing upon the taxable property therein such proportion
as they shall determine to be just, of the cost and expense of constructing the
main sewer in the district through which the new main sewer drains, which
sum, as collected, shall be paid into the sewer fund of such district. [80 v. 143.]
(2406-27) SEC. 27. [Local sewers: how constructed; assessments
therefor.] The council may provide for the construction of branch or local
sewers within any street or other public ground within the corporation, wherein
a main sewer is not established or built, which local sewers shall connect with
a main sewer convenient thereto, as the council may direct; and if the corpora-
tion is laid off into districts, the connection shall be with a main in the district
wherein the local sewers are constructed, when practicable; but when a local
sewer is connected with a main sewer in another district, the council may assess
upon the lots and lands, which may lawfully be assessed for the construction of
such local sewer, such sums as would be an equitable and proper charge for the
use of the main sewer; and when collected it shall be paid into the sewer
fund of the district in which such main sewer is located. No sewer shall be
considered local except such as are intended for and used exclusively for the
drainage and sewerage of lots abutting thereon, and all others shall be deemed
main sewers. [80 v. 143.]
(2406-28) SEC. 28. [Proceedings for.] Proceedings for the estab
lishment and construction of local sewers, as provided in the preceding section,
shall be as directed in the previous section[s] of this act, regulating the estab-
lishment and construction of main sewers; and the assessment and collection
of the cost and expense thereof shall be in accordance with the provisions regu-
lating the assessment and collection of the portion of the cost and expense of
:
1185
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2406—29).
constructing main sewers, determined by the council to be a proper charge for
the local sewerage and drainage furnished by main sewers. [80 v. 143.]
(2406-29) SEC. 29. [When lands sub-divided, original assessments
to be apportioned.] If any division or sub-division of lots or lands assessed
for sewerage purposes occur after the first assessment has been made and con-
firmed, the council may require the assessors herein before mentioned, or such
other assessors as it may select, to apportion the original amount assessed upon
the several parts of lots or lands so divided, whose report, when confirmed by
the council, shall be conclusive upon all parties; and all assessments thereafter
made upon said lots or lands shall be according to such division and collected
in the same manner as upon the original assessment. [80.v. 143.]
(2406-30) SEC. 30. [Council may provide for house connections.]
The council, upon the recommendation of the board, may provide for the con-
struction of proper house connections and branches leading into all main or
local sewers,
and for the assessment of the cost and expense thereof upon the
lots or parcels of land for the accommodation of which such connections and
branches may be constructed; but in no case, except as a sanitary measure,
shall the council require such house connections to be built further from the
sewer than to the inner line of the curbstone of the street or highway in which
the same are constructed. [80 v. 143.]
(2406-31) SEC. 31. [Cost: how assessed.] When an improvement
provided for in the preceding section has been made, and the assessment there-
for has not previously been ordered, the council shall pass an ordinance assess-
ing the cost thereof upon the lots or parcels of ground for the accommodation
of which such improvement was made; and by such ordinance it shall be
declared within what time the assessment shall be paid into the treasury. [80
v. 143.]
(2406-32) SEC. 32. [May tap sewers to drain premises.] Parties
owning property abutting on a street or public highway, in or through which
a public sewer or drain is constructed, shall have the privilege of tapping and
using such sewer or drain for the purpose of draining their premises, under
such rules and regulations as may be prescribed by the board; and the council
may, by ordinance, require persons contracting to build such house connections
to procure a license from the board, and may charge therefor such sum as may
be deemed just, and for a violation of the provisions of this section shall impose
a proper penalty. [80 v. 143.]
(2406-33) SEC. 33. [Council may construct ditches.] The council
of any such city shall also have power to provide for the construction of ditches
for necessary drainage within the corporation, under the restrictions and regu-
lations, so far as applicable, contained in this act. [80 v. 143.]
(2406-34) SEC. 34. [May repair sewer, ditch, or drain.] The
council may, whenever it is deemed necessary, provide for the repair or recon-
struction of any sewer, ditch, or drain; and the proceedings for that purpose
shall be the same, so far as applicable, as are herein required for the original
construction thereof. [80 v. 143.]
(2406-35) SEC. 35. [When owner of real estate not liable for dam-
age to adjacent property.] In such city in which a system or plan of drain-
age has been adopted by competent municipal authority, and completed, any
private owner or occupant of real estate contiguous to any part of such system
or plan, who reasonably provides for carrying off all the surface or accumu-
iated water upon such real estate into the completed system or plan, and main-
tains in proper order the means so provided, shall not be liable, while he keeps
up and maintains such means of drainage, to an action by neighboring owner
or occupant of real estate, for water that may flow against, upon or over his
76
1186
§ (2406-36).
ASSESSMENTS
Tit. XII, Div. 7, Ch. 4.
real estate, or injure the same, or the property thereon, after the same has been
discharged into such system or plan of drainage. [80 v. 143.]
(2406-36) SEC. 36. [May issue bonds.] The council of any such
city shall have power to borrow money at a rate of interest not exceeding six
per centum per annum for sewerage purposes, and to issue the bonds of the
corporation therefor in the manner and form provided in chapter two, division
nine, title twelve, of the revised statutes, so far as the same may be applicable.
[80 v. 143.]
See 2683 et seq., and 2700 et seq.
(2406-37) SEC. 1. [Cleveland authorized to construct a conduit or
drain; to provide proper machinery, etc., and to issue bonds.] The com-
mon council of any city of the second grade of the first class, is hereby authorized
and empowered to construct or cause to be constructed within the limits of any
such city, a conduit or drain for the purpose of removing impure or polluted
water from any river or water course, and affording an outlet for sewers or other
water courses in such city, or any portion thereof; and for such purposes to
acquire by contract, or at the option of the common council of such city, to ap-
propriate, enter upon, and hold, such real estate as may be desired or needed
for such use; such appropriation to be made in the manner provided for by
law for the appropriation of private property by municipal corporations for
public uses; also to procure such machinery and apparatus and construct such
buildings as may be deemed necessary and proper, to be used in connection
with said conduit for the purposes sought to be accomplished thereby. [82
v. 250.]
Repealed 93 v. 623.
(2406-38) SEC. 2. Council to declare by resolution the necessity
for such improvement; owners of land to file claims, in writing, for dam-
ages.] When it shall be deemed expedient by the common council of any such
city to construct or cause to be constructed such conduit or drain, or any part
thereof, herein authorized in section one (1) [$ (2406-37)] of this act, it shall by
resolution declare the necessity thereof, which resolution shall briefly describe the
location and character of the proposed structure or improvement, and the esti-
mated cost of the same; which resolution shall be published as provided for
sewers in section twenty-three hundred and four (2304) of the Revised Statutes of
Ohio; and owners of land or property of any kind claiming damages by reason
of said improvement shall file a claim therefor in writing with the clerk of the
corporation as required by section twenty-three hundred and fifteen (2315) of the
Revised Statutes; and said claims for damages shall be determined and said
work shall be done in accordance with the provisions of title twelve (12) of
the Revised Statutes of Ohio as amended relating to municipal corporations,
in so far as the same may be applicable. [82 v. 250.]
ages
Repealed 93 v. 623.
(2406–39) SEC. 3. [Council may issue bonds: how sold.] For the
purpose of providing the means for paying the cost and expense of construct-
ing said conduit or drain, procuring the necessary machinery, apparatus and
any dam-
buildings, purchasing or appropriating the necessary land, paying of
done to private property by doing any work herein authorized, and paving
all other expenses connected with said improvement, the common council of
such municipal corporation shall have power to issue the bonds of the corpo-
ration for any amount not exceeding in the aggregate the amount of five hun-
dred thousand dollars ($500,000.00) which bonds may be for any length of time,
not exceeding twenty (20) years, at such rate of interest as the common coun-
cil may deem proper, not to exceed the rate of six (6) per centum per annum,
payable semi-annually. Said bonds may be issued at such time or times and
in such amount or amounts as the progress of the work and the convenience of
the corporation may require; said bonds shall have written or printed upon
them the date of the law under which they are issued, and the general character
1187
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2406—39a).
of the improvement, to pay or provide means for paying the cost and expense
of which they are issued; said bonds shall not be sold or negotiated for less than
par, and the proceeds of said bonds shall be applied to the payment of the cost
and expense of said improvement, as herein before provided, and to no other
purpose whatever. [82 v. 250.]
Repealed 93 v. 623.
See 2683 et seq., and 2700 et seq.
(2406—39a) SEC. 1. [Cleveland may occupy streets, etc., of other
municipalities for sewerage purposes.] Any city of the second grade of the
first class be and it is hereby empowered to enter upon and occupy the streets,
alleys, avenues and public grounds of any other municipal corporation or
corporations, of other grades or classes situated in a county containing such a
city of the second grade of the first class, for the purpose of constructing, re-
pairing and maintaining sewers for sewer outlets, or extensions to main or in-
tercepting sewers, under the circumstances, and upon compliance with the
terms and conditions, hereinafter recited. [93 v. 664.]
munic-
(2406-39b) SEC. 2. [Ordinance therefor; publication of same; ap-
pointment of commissioners.] Whenever the council of such city of the second
grade of the first class shall deem it necessary for the disposition of sewage
and the protection of the public health of such city, to enter upon and occupy
any of the streets, avenues, alleys and public grounds of any other
ipal corporation or corporations, of other grades or classes situated in the county
containing such city of the second grade of the first class, for the purpose of
constructing therein a sewer or sewers, for outlets or extensions to main or in-
tercepting sewers, such council shall, on the recommendation of the board of
control, determine and declare such necessity by ordinance; and such ordinance
shall designate the municipal corporation or corporations, in or through which
said outlets or extensions are to be constructed, and designate the streets,
avenues, alleys or public grounds to be occupied by the same; and within
thirty (30) days after the passage and legal publication of such ordinance is
completed, the city clerk of such city of the second grade of the first class shall
in addition to the publication now required by law, publish the same in a
newspaper printed and of general circulation in the county containing such
city of the second grade of the first class once a week for two consecutive weeks;
and within twenty (20) days after the passage of such ordinance the mayor of
such city of the second grade of the first class and the mayor or mayors, presi-
dent or presidents of the board of trustees of such other municipal corporation
or corporations, shall, each appoint three (3) commissioners to arrange the terms
and conditions upon which such city of the second grade of the first class shall
enter upon and occupy said streets, avenues, alleys or public grounds of such
other municipal corporation or corporations. [93 v. 664.]
(2406-39c) SEC. 3. [Duty of commissioners.] That it shall be the
duty of such commissioners, within thirty (30) days after their appointment,
to make a full and detailed report of the terms and conditions upon which
such city of the second grade of the first class shall enter upon and occupy the
streets, avenues, alleys and public grounds of such other municipal corpora-
tion or corporations, together with plans and profiles showing substantially the
size and kind of such main or intercepting sewer which said city of the second
grade of the first class proposes to construct; and it shall be the duty of such
commissioners within said time to file said report in the court of common
pleas of the county containing such city of the second grade of the first class;
and such court shall, upon ten (10) days' written notice being served upon
the municipal corporation or corporations affected thereby, proceed to examine
and approve the same as reported by such commissioners, or to correct and
modify the same, if, in the opinion of said court, justice between the parties
demands such modification; and when such report is finally approved by such
court, the same shall constitute and govern the right of such city of the second
1188
I
§ (2406-39d).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
grade of the first class to occupy the streets, avenues, alleys or public grounds
of such other municipal corporations in the manner and for the purpose afore-
said; and such city's right to so occupy and use such streets, avenues, alleys
or public grounds for the purposes herein specified, shall be deemed complete.
[93 v. 664.]
(2406-39d) SEC. 4. [Power of court to modify report, etc.] When-
ever any municipal corporation or corporations affected by such report shall
complain, in writing, to said court, that the terms and conditions of said report.
are unfair in whole or in part, to its interests, the court in which such report
is filed shall have the power to further modify the same, if in its judgment
the terms and conditions are unfair to the municipal corporation or corpo-
rations complaining, but said court shall not have the right to set aside the
same, and neither an appeal nor writ of error shall be allowed to set aside
the final decree of said court; provided, that no modification or change of
the decree of said court shall be made so as to interfere with any sewer already
completed, or any contract executed pursuant to law for construction of the
same. [93 v. 665.]
IN DAYTON.
Dayton may issue levee and storm-water sewer bonds, 93 v. 525; ? 2 amended 93 v. 682.
(2406-40) SEC. 1. [Board of city commissioners in Dayton, vested
with certain powers.] That in cities of the second grade of the second class
the powers and authority vested in, and the duties imposed upon the city
council and the commissioners of sewers of such cities, under and by virtue
of the provisions of subdivision five, chapter four, division seven, title twelve,
of the Revised Statutes of Ohio, be and the same hereby are vested in and im-
posed upon the board of city commissioners of such cities. [87 v. 285.]
(2406-41) SEC. 2. [May make improvements.] The said board of
city commissioners may, and are hereby authorized and empowered to make
any or all of the improvements provided for in and by said subdivision five,
chapter four, division seven, title twelve, of said Revised Statutes, and for that
purpose may make and enter into contracts, in the name of such city, for the
furnishing of materials and doing the work necessary for the construction of
the same, either for the entire work in one contract, or for parts thereof, in
separate or specified sections, as to them may seem best, and to superintend
and control all work done in pursuance thereof. [87 v. 285.]
(2406-42) SEC. 3. [Shall submit to council plans.] The said board
of city commissioners of any such city shall cause to be made plans and speci-
fications of said improvement or improvements, together with an estimate of
the cost of the same, including materials to be furnished therefor, and shall
submit the same to the city council of such city, with its recommendation, and
a resolution or ordinance, as the case may be, declaring the necessity for such.
improvement, and providing therefor; upon the passage by council of the
resolution or ordinance, it shall be the duty of said board of city commissioners
to advertise for proposals in accordance therewith, and to proceed forthwith
with the construction of such improvement, in accordance with said plans and
specifications. [87 v. 285.]
(2406-43) SEC. 4. [Payment of cost of improvement: how.] The
said board of city commissioners shall have power, and is hereby authorized to
provide for the payment of the cost and expenses of any such improvement,
and to provide for the [collection of the] same, in any one of the modes, and to
[the] extent authorized by, and as provided in subdivision five, chapter four,
division seven, title twelve, of the said Revised Statutes. [87 v. 285.
(2406-44) SEC. 5. [Bonds; in detail.] For the purpose of providing
a fund for the payment of the costs and expenses of any such improvement,
1189
Tit. XII. Div. 7, Ch. 4.
ASSESSMENTS.
§ (2406-45).
the said board of city commissioners shall be authorized from time to time as
the work progresses, to issue the bonds of said city, in such sum or sums as
they may deem best; and it shall be the duty of said board of city commis-
sioners to make and execute bonds in the name of said city, to an amount
not exceeding the contracted price of said work, and the incidental expenses
attending the same. Said bonds shall bear the name or number of the district
or districts of such city improved; they shall be signed by the president of
the board of city commissioners, and countersigned by the city auditor, and
sealed with the seal of the said city auditor; they shall bear interest at a rate
not exceeding seven per centum per annum, payable semi-annually, the prin-
cipal and interest to be payable at such place as may be designated by said
board of city commissioners, and may be made to run any length of time not
exceeding ten years. Said board of city commissioners shall be authorized to
negotiate and dispose of said bonds in the manner provided in section 2907 of
the Revised Statutes, and for such prices as may be obtained for the same, not
less than par, and shall pay over to the treasurer of said city, and report to the
city auditor, the number of bonds sold, and the amount received therefrom.
[87 v. 285.]
(2406-45) SEC. 6. [Issue of bonds to meet city's part of expense
of improvement.] For the purpose of providing a fund for the payment of so
much of the costs and expenses of making any such improvement as may be
assessed against the city at large, the said board of city commissioners is hereby
authorized and empowered to issue the bonds of such city, for any amount not
exceeding in the aggregate the sum of one hundred and fifty thousand dollars,
which bonds shall be signed by the president of the board of city commission-
ers, and countersigned by the city auditor of said city, and sealed with the seal
of the said city auditor. Said bonds may be made to run for any length of time,
not exceeding thirty years, and at a rate of interest not exceeding five per
centum, payable semi-annually; said bonds may be issued at such time or
times, and in such amount or amounts as the progress of the work and the
convenience of the corporation may require, and shall be sold in the manner
provided in section 2907 of the Revised Statutes, and shall not be sold for less
than par; the proceeds thereof to be applied to the payment of the cost and
expenses of said improvement, and no other purpose whatever. [87 v. 285.]
(2406-46) SEC. 7. [Publication of notice of assessments.] The
said board of city commissioners shall cause a plat of the said improvement
to be prepared, showing the separate lots and parcels of land bounding and
abutting thereon, and the names of the several owners thereof, and shall also
make, or cause to be made, a list or schedule of the names of all such owners,
and the amount assessed against each lot or parcel of land. They shall give
two weeks' public notice by advertisement in two newspapers of opposite
politics in such city, of the time and place where, for the period of twenty
days, the same may be seen for the correction of errors, and after having cor-
rected such errors as may be made known to them, they shall file the same in
the office of the city auditor, and shall deliver a copy of said plat and schedule
to the auditor of the county in which said city is situated. [87 v. 285.]
(2406–47) SEC. 8. [Collection of assessments.] The said assessments
shall be placed upon the duplicate of the county, and shall be payable at the
office of the county treasurer of said county, in ten equal annual installments,
with interest at a rate not to exceed seven per centum per annum, upon the
unpaid portion thereof, the first of which, with the interest on the whole
amount, at not to exceed the rate aforesaid, shall be payable at the first
semi-annual payment of taxes next succeeding the time said assessment is so
placed on said duplicate, and the other, annually thereafter, with interest on
1190
$ (2406-48).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
the installments not due at the time, until all are paid; and said assessments
shall be collected like other taxes. [87 v. 285.]
(2406-48) SEC. 9. [Assessments, with interest thereon, to be a
lien on land.] Said assessments, with the interest accruing thereon, shall be
a lien upon the lots and parcels of land bounding and abutting upon said
improvement, and shall remain a lien until fully paid. They shall have pre-
cedence over all other liens, and shall not be divested by any judicial sale.
[87 v. 285.]
(2406-49) SEC. 10. [Levy of tax.] It shall be the duty of the city
council of any such city, annually, to levy a tax upon all the taxable property
of said corporation, or upon such district or districts thereof as the board of
city commissioners may direct, and certify the same to the county auditor upon
a certificate to that effect from said board of city commissioners, for the purpose
of paying the interest on, and to provide a sinking fund for the final redemp-
tion of the bonds specified, and to be issued under the authority conferred
upon and by virtue of section six [§ (2406-45)] of this act. Said tax shall be in
addition to the amount now authorized to be levied for municipal purposes.
[87 v. 285.]
(2406-50) SEC. 11. [Assessments may be collected before work
done; deficiency.] The board of city commissioners may, if it deems ex-
pedient, cause the assessments to be made and collected before the work is
done, or contracted for, and if an assessment proves insufficient to pay for said
improvement, and the expenses incident thereto, the said board of city com-
missioners may make additional pro rata assessment to supply such deficiency.
[87 v. 285.]
(2406-51) SEC. 12. [Right of property-owner to pay assessment
in full.] Any owner of property against which an assessment shall have been
made for the cost of said improvement, shall have the right, at any time prior
to the issuing of the bonds therefor, to pay the same in full, with the interest,
if any, then accrued thereon, at not to exceed seven per cent. from the time
said assessment was so made; or, after having paid one or more of said ten in-
stallments, and the interest, he may at any time pay the balance of his assess-
ments remaining unpaid, including interest in full. All moneys received from
such assessments shall be appropriated under the direction of the board of city
commissioners, to the payment of the interest and the redemption of the bonds
issued under the authority conferred by section five [§ (2406-44)] of this act,
for the improvement aforesaid. [87 v. 285.]
(2406-52) SEC. 13. [Owner defined.] The term "owner," in this,
act shall be so construed as to include all corporations, public, private and
municipal. [87 v. 285.]
(2406-53) SEC. 14. [Mistakes that do not vitiate lien, etc.] No
mistakes in the description of the property or in the name of the owner shall
vitiate the assessment or lien. [87 v. 285.]
CITY OF HAMILTON.
For sewers in Hamilton before paving streets, see ? (2365—16) et seq.
(2406-54) SEC. 1.
SEC. 1. [Council in Hamilton may make improvements.]
City councils of any city of the second class, third grade, having a population
of not more than seventeen thousand five hundred and seventy nor less than
seventeen thousand five hundred and sixty by the last federal census, or
which at any subsequent federal census may have such population, shall have
power, whenever the council of any such city deem it necessary or expedient,
1191
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2406-55).
to make any one or all of the improvements provided for in subdivision 5,
chapter IV, division 7, title 12, Revised Statutes of Ohio, and may make any
or all of said improvements at one time or separately, and at different times,
as may, in the judgment of council, be most conducive to the interests of
the tax payers and inhabitants of the corporation. [90 L. L. 42.]
(2406-55) SEC. 2. [Bonds for same.] For the purpose of providing the
means for paying the costs and expenses of making any one or all of the improve-
ments authorized by the first section [§ (2406-54)] of this act, the council of such
municipal corporation shall have power to issue its bonds for any amount not
exceeding, in the aggregate, two hundred thousand dollars, which bonds may
be made to run any length of time, not exceeding fifty years, and at a rate of
interest not exceeding five per cent. per annum, payable semi-annually, prin-
cipal and interest payable at the city treasurer's office. Said bonds may be issued
at such time or times, and in such amount or amounts as the progress of the work
and the convenience of the corporation may require. The council shall issue.
said bonds in conformity to section 2706 of the Revised Statutes of Ohio, and
sell said bonds under the provision of the statute in such cases made and pro-
vided, and the proceeds thereof to be applied to the payment of the costs and
expenses of such work, and to no other purpose whatever. [90 L. L. 42.]
(2406-56) SEC. 3. [Council governed by certain sections of Revised
Statutes.] For the purpose of more fully carrying out the provisions of this
act the council of such municipal corporation and the clerk thereof are not
required, in the execution of the same, to be governed by section 2702 of the
Revised Statutes of Ohio, and that section 2377 of the Revised Statutes of Ohio
shall not apply to any sewerage improvement ordained to be made under this
act. [90 L. L. 42.]
(2406-57) SEC. 4. [Levying of tax.] If any bonds of such city be
issued, as hereinbefore provided, it shall be the duty of the council of such
municipal corporation, annually thereafter, until the same and the interest
thereon shall be fully paid, to assess and levy a tax on all the taxable property
of the corporation sufficient to provide for the payment of the interest accru-
ing upon the bonds so issued, and to create a sinking fund for the payment
of the principal of the bonds as they fall due; provided, that when such cor-
poration is divided into sewer districts, the council, instead of assessing and
levying such tax upon the entire taxable property of the corporation, may
assess and levy the same by districts, fixing such rates for each district as the
council may deem proper, or may so levy and assess any part of such tax by
districts, and the residue upon the entire taxable property of the corporation;
or may levy and assess such tax on any part thereof upon any one or more of
such districts, exempting the remaining districts from such taxation. When-
ever such tax is assessed and levied by districts, or upon any one or more
districts, the money thereby realized from each district shall constitute a sep-
arate fund, to be applied only for sewerage in the district from which it was
derived, and to no other purpose whatsoever. [90 L. L. 42.]
(2406–58) SEC. 5. [Payment of cost.] The council of such munici-
pal corporation may pay the entire costs and expenses of such improvement or
improvements out of the corporatiou or district fund, as the case may be,
raised as hereinbefore provided; but in no case shall the council either before
such improvement or improvements shall have been commenced or after the
same are completed, fail to assess and collect the costs and expense thereof,
upon the property thereby specially benefited; such assessment to be in any one
of the modes, and to the extent authorized by, and to be collected as provided in
subdivision 5, chapter IV, division 7, title 12, of said Revised Statutes, except so
far as the same is modified by section 4 [§ (2406-57)] of this act; and when any
1192
§ (2406—59).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
such special assessment has been placed upon any property, it shall, when col-
lected, be paid into the district fund, authorized to be created by this act,
of the district wherein such property is situated, or if no such fund has been pro-
vided for the district, then into the corporation fund authorized by this act to be
created; provided, however, that when a fund is constituted for any sewer
district, as aforesaid, such improvement or improvements may, if the council
- deem the same expedient, be made and paid for out of said district fund, with-
out any of the assessments in this section provided for, upon the property in
such districts especially benefited by such improvement or improvements.
[90 L. L. 42.]
(2406-59) SEC. 6. [Certain sections of Revised Statutes shall not
apply.] For the purpose of more fully carrying out the provisions of this act
the council of such municipal corporation is not required to be governed in
the execution thereof by section 2683 of the Revised Statutes; and section
2270 of the Revised Statutes of Ohio, as amended April 25, 1885 (vol. 82, p. 155),
shall not apply to any improvement ordained to be made under this act, where
assessments are made for the same, and in all proceedings in making any or all
of such improvements, when the same are not provided for by this act, such
proceeding shall conform to the other laws of the state of Ohio applicable
thereto. [90 L. L. 42.]
(2406-60) SEC. 7. [When bonds issued.] No bonds shall be issued,
or no sewer or part thereof shall be commenced or made until a complete
system of sewerage for said entire city, giving location of trunk and intercept-
ing sewers, with plan, specification and profile, has been made and adopted by
the city council, and the provisions of section 2837 of the Revised Statutes of
Ohio have been fully complied with in all respects. [90 L. L. 42.]
(2406-61) SEC. 8. [Council may direct engineer of city as to certain
things.] After the plan of sewerage for the corporation has been approved
and adopted by the council, and filed in the manner provided, the council may
direct the engineer of the corporation, or sewerage engineer, as the case may be,
to make an estimate of the costs and expense of constructing the work accord-
ing to such plan, and report to the council what portion of the same will be
required for main sewerage, and what portion for local sewerage, for any lots
and lands to which any portion of such main sewer may serve as a local sewer.
[90 L. L. 42.]
(2406-62) SEC. 1. [Hamilton may make certain improvements.]
Cities of the third grade b of the second class be and are hereby authorized
and empowered to make any or all of the improvements provided for in and
by subdivision five, chapter four, division seven, title twelve of the Revised
Statutes of Ohio, and also to make and construct surface or storm-water drains or
sewers, sewage disposal works, pumping-stations and the necessary machinery
therefor, and to provide for the maintenance of the same, either within or with-
out the corporate limits of such cities; to remove, straighten, divert or change
the course of any ditch, watercourse or stream within said city to the extent
and in the manner the council may determine, and for that purpose may make
and enter into contracts for the furnishing of materials and doing the work
necessary therefor, and to provide for the payment of the same in the manner
provided by law and in this act. [91 v. 554.]
(2406-63) SEC. 2. [Plans of improvements.] Any plan or system
of sewerage and drainage in such cities shall embrace and provide for sanitary
house sewerage and surface or storin-water drainage, which sanitary house
sewerage and surface or storm-water drainage may be constructed independent
of each other, and for the separate and exclusive purposes, respectively, of sur-
face or storm-water drainage and sanitary house sewerage; and which system
1193
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2406—64).
may be so constructed as to be used for both sanitary house sewerage and surface
or storm-water drainage in the whole or in any part of said cities, as the city
council of said cities may determine; said system may also embrace plans and
provide for the construction of sewage disposal works, pumping-stations, with
the necessary machinery therefor, and for the maintenance of the same, either
within or without the corporate limits of such cities; said cities may also em-
brace plans and provide for the removal, straightening, diverting or changing
the course of any ditch, watercourse or stream within said cities to the extent
and in the manner the council may determine. [91 v. 554.]
(2406-64) SEC. 3. [Under direction of board of commissioners
In all such cities the construction, maintenance, operation, management and
cleaning of said sewers and drains, pumping-stations and sewage disposal works,
and the removal, straightening, diverting and changing the course of such
ditches, watercourses and streams, shall be under the care and direction of the
board of commissioners of sewers, wherever such board has been appointed and
confirmed, or may hereafter be appointed and confirmed, as provided by law.
[91 v. 554.]
(2406-65) SEC. 4. [Plan of sewerage.] The plan of sewerage and
drainage for any such cities shall, in the discretion of the council, be formed.
with a view of the division of the corporation into surface or storm-water
drainage districts, separate from and independent of districts formed for
sewerage or for sewerage and surface storm-water drainage combined; said
plans shall divide said cities into two or more districts for sewer and drainage
purposes, or in such other manner independent of each other, or connected
together, as may be deemed best for the sewerage and drainage of such cities.
Said districts shall be clearly defined by fixed lines, be named and numbered,
and consist of such main and trunk sewers and drains, connections, branches
and laterals, as may be deemed necessary for the successful sewerage and
drainage of said cities and districts. But main or trunk sewers and drains.
may be provided for, established and constructed regardless of districts. [91
v. 554.]
(2406-66) SEC. 5. [Plans for sanitary house sewerage.] The plans
for the said system of sanitary house sewerage and surface or storm-water
drainage, and other improvements herein provided for, shall be prepared by
the engineer employed by the board of commissioners of sewers, under the
direction of said board. [91 v. 554.]
(2406-67) SEC. 6. [Board shall designate part required to be im-
mediately constructed; plans and specifications to be open for inspection.]
After such general plans and systems have been prepared, said board of com-
missioners of sewers shall designate and recommend to council such portions
of said work as may be required to be constructed for immediate use, by
districts or parts of districts, with plans and specifications upon which bids may
intelligently be received for the construction of the same, giving size of mains,
connections and tubes, location, inclination, and depth below the surface of the
ground at which the same are to be placed; which plans and specifications and
the recommendations of said board shall be retained in the office of the clerk
of such cities and be open to public inspection and examination. [91 v. 554.]
(2406-68) SEC. 7. [Notice.] Said council shall immediately give
notice by publication for ten days continuously in daily papers of opposite
politics, published in said cities, that said plans and specifications are on file
with said clerk for examination and objection by any person whose property
will be affected thereby, or which will be liable to be taxed for the construction
of the same; objections to such plans and specifications, or to the proposed
location of any of the sewers or drains or other improvements shall be made
1
1194
§ (2406--69).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
in writing by any person particularly specifying the objection thereto within
said ten days, after which date all persons having a right to object thereto will
be forever barred. [91 v. 554.]
(2406-69) SEC. 8. [After ten days commissioners may locate
sewer, etc.] At the expiration of said period of ten days, and after considering
any objection filed thereto, said board of commissioners of sewers may make
such changes in said plans and specifications and the location of any part of
said sewers and other improvements, as in their judgment may seem best, and
shall immediately certify the same, with said correction, if any, to the council,
for its approval and adoption by resolution. [91 v. 554.]
(2406—70) SEC. 9. [Advertisements, etc.] The council shall advertise
and award contracts for constructing said sewers and drains, and for the
making of the other improvements herein provided for, and for the
furnishing of any and all materials necessary therefor, in the order designated
and recommended by the board of commissioners of sewers, in accordance
with the laws of this state governing city councils in advertising and letting
contracts; provided, that the construction of no part of said improvements
shall be advertised and contracted for until so designated and recommended
by said board. All advertising relative to sewers, the cost of which becomes
a part of the expense to be assessed against property owners, shall be let to
the lowest bidder, and all advertisements must conform to section 4369 of the
Revised Statutes of Ohio. [91 v. 554.]
(2406-71) SEC 10. [Work under supervision of board.] All said
work shall be done and material furnished under the supervision and direction,
and to the satisfaction of said board, and the same shall not be accepted or
paid for until approved by said board. [91 v. 554.]
(2406-72) SEC. 11. [Cost, etc.] The cost and expense of constructing
said surface or storm-water drains, including interest on bonds issued therefor,
shall be levied by the councils of said cities upon the taxable property of such
surface or storm-water drainage districts, as valued for taxation on the dupli-
cate. The councils of said cities shall have power, and are hereby authorized ·
to assess the costs and expense of constructing said sanitary sewers, branches,
connections and laterals, including interest on bonds issued therefor, upon the
lots and lands bounding or abutting upon the streets, lanes, alleys, highways,
market-spaces, public buildings and commons, in or along which the same
shall pass, by the feet front as provided by law. The cost and expense of con-
structing main surface or storm-water drains, extending through [or] into two
or more drainage districts, may be assessed upon the taxable property of said
districts respectively, in such proportion as the council shall determine; or,
if council deem it best, it may assess said cost and expense of constructing
such main, storm-water drains, upon the general tax duplicate of the whole
city. [91 v. 554.]
(2406-73) SEC. 12. [Assessment.] The expense of erecting pump-
ing-stations and sewage disposal works, if such be established, the purchase of
the necessary sites therefor, and the costs and expense of removing, straighten-
ing, diverting or changing the course of any ditch, watercourse or stream within
the said city, shall be assessed upon the general tax duplicate of the munici-
pality. [91 v. 554.]
(2406-74) SEC. 13. [Condemnation, etc.]
[Condemnation, etc.] Said cities are hereby
authorized to acquire, by purchase or condemnation, the necessary real estate
for the pumping-stations, and for the purpose of removing, straightening,
diverting or changing the course of any ditch, drain, watercourse or stream, as
in this act contemplated, either within or without the corporate limits of said
cities, should the city council deem the same necessary for the proper sewerage
·
1195
4
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2406—75).
and drainage of the same, and to assess the cost and expense thereof upon the
general tax duplicate of the municipality. [91 v. 554.]
(2406-75) SEC. 14. [Fund for payment.] For the purpose of provid-
ing a fund for the payment of the cost and expense of any such improvements
assessed or to be assessed on the abutting lots and lands, the city council shall
be authorized, from time to time, as the work progresses, to issue the bonds;
of said city in such sum or sums as it may deem best, to an amount not ex-
ceeding the contracted price of said work, and the incidental expenses attend-
ing the same. Said bonds shall bear the name and number of the district or
districts of such city improved; they shall be signed by the mayor and be
countersigned by the city clerk, who shall attach the seal of the city thereto;
they shall bear interest not exceeding six per centum per annum, payable
annually, the principal and interest to be payable at the city treasury of said
city, and may be made to run any length of time not exceeding fifteen years.
[91 v. 554.]
(2406-76) SEC. 15. [Same.] For the purpose of providing a fund
for the payment of so much of the cost and expense of making any such
improvements as may be assessed against the city at large, the city council
of any such city is hereby authorized and empowered to issue the bonds of
such city for any amount not exceeding in the aggregate the sum of $100,000,
which bonds shall be signed by the mayor and countersigned by the city clerk,
who shall attach the seal of the city thereto. Said bonds may be made to
run for any length of time not exceeding thirty years, and at a rate of interest
not exceeding five per centum per annum, payable semi-annually, the princi-
pal and interest payable at the city treasury of said city; said bonds may be
issued at such time or times and in such amount or amounts as the progress
of the work and the convenience of the corporation may require, and shall be
sold in the manner provided in section 2709 of the Revised Statutes, and
shall not be sold for less than par, the proceeds thereof to be placed to the
credit of a fund to be known as "the general sewer fund," and to be applied
to the payment of the expense of said improvements, and to no other pur-
pose whatever. But before any bonds are issued, as provided in this section,
the question of issuing said bonds shall be submitted to the voters of the said
city at a general or special election, and not less than five (5) days' notice of
the submission shall be given in one or more newspapers printed therein,
stating the time and place of holding said election, and if a majority of the
voters voting at such election upon the question of issuing said bonds vote in
favor thereof, then, and not otherwise, said bonds shall be issued and the
taxes levied. Those who vote in favor of the proposition shall have written
or printed on their ballots "For the issue of bonds," and those who vote
against the same shall have written or printed on their ballots the words
"Against the issue of bonds." For the purpose of submitting the question
on the issue of said bonds the mayor of said city, upon a resolution adopted
by the city council, shall issue his proclamation for said election. [91 v. 554.]
(2406-77) SEC. 16. [Same.] For the purpose of providing a fund
for the payment of so much of the cost and expense of constructing said
surface or storm-water drains as may be assessed against the property in said
surface or storm-water drainage districts, the city council of any such city is
hereby authorized and empowered to issue the bonds of such city for any
amount not exceeding the contracted price of said work and the incidental
expenses attending the same. Said bonds shall bear the name and number
of the surface or storm-water drainage district or districts of such city im-
proved; they shall be signed by the mayor and be countersigned by the city
clerk, who shall attach the seal of the city thereto; they shall bear interest
not exceeding six per centum per annum, payable annually, the principal and
1196
$ (2406-78).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
interest to be payable at the city treasury of said city, and may be made to
run any length of time not exceeding fifteen years. Said city councils are
authorized to negotiate and dispose of said bonds and the said bonds provided
for in section fourteen (14) of this act, in the manner provided in section 2709
of the Revised Statutes, and at such prices as may be obtained for the same at
not less than par. [91 v. 554.]
(2406-78) SEC. 17. [Ordinance to specify property assessed, etc.]
The council shall by ordinance specify the property to be assessed, and the
amount of such assessment for the purpose of constructing sanitary and house
sewerage, and also specifying the amount to be taxed on the taxable property
of any drainage district in each year; provided, however, that the total amount
of all such assessments and taxation for said improvements shall not amount
to more than twenty-five per cent. of the total taxable value of such property,
and not more than one-fifteenth thereof shall be collected in any one year.
[91 v. 554.]
(2406-79) SEC. 18. [Levying of taxes in detail.] All said assess-
ments and taxation shall be certified by the clerk of said city to the auditor of
the county, and shall be placed by him against said property, and shall be due
and payable as county taxes, and shall be a lien thereon as other taxes. They
shall have precedence over all other liens and shall not be divested by any
judicial sale. It shall be the duty of the city council of any such city annually
to levy taxes upon all the taxable property of said corporation, and to certify
the same to the county auditor, sufficient for the purpose of paying the interest
on, and to provide a sinking fund for the final redemption of the said bonds
specified, and to be issued for the purpose of raising funds to pay the costs and
expense of said improvements so to be charged and assessed against the whole
taxable property of such cities; and it shall be the duty of the city council of
any such city annually to levy a tax upon all the taxable property in such
drainage district or districts sufficient for the purpose of paying the interest
on, and to provide a sinking fund for the final redemption of the said bonds
specified, and to be issued for the purpose of raising the necessary fund
to pay the cost and expense of said improvements in said district or districts
chargeable against and assessed upon the taxable property in said districts.
All of said taxes in this section provided shall be in addition to the amount
of taxes now authorized to be levied for municipal purposes. The money de-
rived from said taxation shall be applied only to the payment of the said prin-
cipal and interest of said bonds, and any money in said sinking fund may be
loaned to said city or invested in other good securities until it is required to
pay installments of interest or any of said bonds when due. [91 v. 554.]
(2406-80) SEC. 19. [Payments in installments.] Any owner of prop-
erty against which an assessment shall have been made for the cost of said im-
provements shall have the right, at any time prior to. the issuing of the bonds.
therefor, to pay the same in full, with the interest, if any then accrued thereon,
not to exceed six per cent. from the time said assessment was so made, or, after
having paid one or more of such fifteen installments and the interest, he may
at any time pay the balance of his assessment remaining unpaid, including in-
terest in full. All moneys received from said assessment shall be appropriated
by the city council to the payment of the interest, and the redemption of bonds
issued under the authority conferred by this act for the improvements aforesaid.
[91 v. 554.]
(2406-81) SEC. 20. ["Owner" defined.] The term "owner" in this
act shall be so construed as to include all corporations, public, private and
municipal. [91 v. 554.]
1197
Tit. XII, Div. 7, Ch. 4.
,
ASSESSMENTS.
$(2406-82).
(2406-82) SEC. 21. [What mistakes do not vitiate lien.] No mis-
takes in the description of the property or in the name of the owner shall
vitiate the assessment or lien. [91 v. 554.]
IN SPRINGFIELD.
(2406-83) SEC. 1. [Authorizing Springfield to make certain im-
provements.] City councils of any city of the second class, third grade, which
had by the last federal census a population of nineteen thousand, and not ex-
ceeding twenty thousand, and cities which had by the last federal census, a
population of twenty thousand, and not exceeding thirty thousand five hun-
dred, and which have not been advanced by law to a city of the second class,
second grade, shall have power, whenever the council of any such city deem it
necessary and expedient, to make any one, or all of the improvements pro-
vided for in subdivision five, chapter four, division seven, title twelve, Revised
Statutes of Ohio, and may make any or all of said improvements at one time
or separately, and at different times, as may, in the judgment of council, be
most conducive to the interest of the tax-payers and inhabitants of the corpo-
ration. [79 v. 145.]
(2406—84) SEC. 2. [Council may issue bonds.] For the purpose of
providing the means for paying the costs and expenses of making any one or all
of the improvements authorized by the first section [§ (2406-83)] of this act, the
council of such municipal corporation shall have power to issue its bonds for any
amount not exceeding in the aggregate one hundred thousand dollars, which
bonds may be made to run for any length of time, not exceeding twenty years,
and at a rate of interest not exceeding six per cent., payable semi-annually;
said bonds may be issued at such time or times, and in such amount or amounts
as the progress of the work and the convenience of the corporation may require,
and shall not be sold or negotiated for less than par, the proceeds thereof to be
applied to the payment of the costs and expenses of such work, and to no other
purpose whatever. [79 v. 145.]
(2406-85) SEC. 3. [Section 2702, Revised Statutes, not to govern.]
For the purpose of more fully carrying out the provisions of this act, the coun-
cil of such municipal corporation, and the clerk thereof, are not required, in
the execution of the same, to be governed by section two thousand seven hundred
and two of said Revised Statutes of Ohio. [79 v. 145.]
(2406-86) SEC. 4. [Levy of tax.] If any bonds of such city be
issued as herein before provided, it shall be the duty of the council of such
municipal corporation, annually thereafter, until the same and the interest
thereon shall be fully paid, to assess and levy a tax on all the taxable property
of the corporation sufficient to provide for the payment of the interest accruing
upon the bonds so issued, and to create a sinking fund for the payment of the
principal of the bonds as they fall due; provided, that when such corporation
is divided into sewer districts, the council, instead of assessing and levying
such tax upon the entire taxable property of the corporation, may assess and
levy the same by districts, fixing such rates for each district as the council may
deem proper, or may so levy and assess any part of such tax by districts, and
the residue upon the entire taxable property of the corporation; or may levy
and assess such tax, or any part thereof, upon any one or more of such districts,
exempting the remaining districts from such taxation. Whenever such tax is
assessed and levied by districts, or upon any one or more districts, the money
thereby realized from each district shall constitute a separate fund, to be applied
only for sewerage in the district from which it is derived, and to no other pur-
pose whatever. [79 v. 145.]
1198
§ (2406-87).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
(2406-87) SEC. 5. [Costs and expenses: how paid; proviso.] The
council of such municipal corporation may pay the entire costs and expenses
of any such improvement or improvements out of the corporation or district
fund, as the case may be, raised as herein before provided; but in no case shall
the council, either before such improvement or improvements shall have been
commenced, or after the same are completed, fail to assess and collect the costs
and expenses thereof, upon the property thereby specially benefited; such
assessment to be in any one of the modes, and to the extent authorized by,
and to be collected as provided in said subdivision five, chapter four, division
seven, title twelve, of said revised statutes, except so far as the same is modified by
section four [§ (2406-86)] of this act; and when any such special assessment has
been placed upon any property, it shall, when collected, be paid into the dis-
trict fund, authorized to be created by this act, of the district wherein such
property is situated, or if no such fund has been provided for the district, then
into the corporation fund authorized by this act to be created; provided, how-
ever, that when a fund is constituted for any sewer district, as aforesaid, such
improvement or improvements may, if the council deem the same expedient,
be made and paid for out of said district fund, without any of the assessments
in this section provided for, upon the property in such districts specially bene-
fited by such improvement or improvements. [79 v. 145.]
(2406—88) SEC. 6. [Council not to be governed by section 2375.]
For the purpose of more fully carrying out the provisions of this act, the council
of such municipal corporation is not required to be governed, in the execu-
tion thereof, by section two thousand six hundred and eighty-three, nor by sec-
tion two thousand three hundred and seventy-five of said revised statutes; and in
all proceedings in making any or all such improvements, where the same are
not provided for by this act, such proceedings shall conform to the other laws.
of the state of Ohio applicable thereto. [79 v. 145.]
(2406-89) SEC. 1. [Springfield authorized to make sewer improve-
ments.] City councils of any city of the second class, third grade, which had
by the last federal census a population of nineteen thousand, and not exceed-
ing twenty thousand, and cities which had by the last federal census, a popu-
lation of twenty thousand, and not exceeding thirty thousand five hundred,
and which have not been advanced by law to a city of the second class, second
grade, shall have power, whenever the council of any such city deem it neces-
sary and expedient, to make any one, or all of the improvements provided for
in subdivision five, chapter four, division seven, title twelve, Revised Statutes of
Ohio, and may make any or all of said improvements, at one time, or sepa-
rately, and at different times, as may, in the judgment of council, be most con-
ducive to the interest of the tax-payers and inhabitants of the corporation.
[82 v. 153.]
(2406-90) SEC. 2. [Issue of bonds for such improvements.] For the
purpose of providing the means for paying the costs and expenses of making any
one or all of the improvements authorized by the first section [§(2406—89)] of
this act, the council of such municipal corporation shall have power to issue
its bonds for any amount,not exceeding in the aggregate one hundred thousand
dollars, which bonds may be made to run for any length of time, not exceeding
thirty years, and at a rate of interest not exceeding six per cent., payable semi-
annually; said bonds may be issued at such time or times, and in such
amount or amounts as the progress of the work and convenience of the cor-
poration may require, and shall not be sold or negotiated for less than par, the
proceeds thereof to be applied to the payment of the costs and expenses of such
work, and to no other purpose whatever. [82 v. 153.]
(2406-91) SEC. 3. [Applicability of section 2702, Revised Stat-
utes.] For the purpose of more fully carrying out the provisions of this act,
•
1199
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2406-92).
the council of such municipal corporation, and the clerk thereof, are not re-
quired, in the execution of the same, to be governed by section two thousand
153.]
seven hundred and two of said Revised Statutes of Ohio. [82 v.
(2406-92) SEC. 4. [Tax levy to pay said bonds and interest; levy
by districts; district sewer fund.] If any bonds of such city be issued as
herein before provided, it shall be the duty of the council of such municipal
corporation, annually thereafter until the same and the interest thereon shall
be fully paid, to assess and levy a tax on all the taxable property of the cor-
poration sufficient to provide for the payment of the interest accruing upon
the bonds so issued, and to create a sinking fund for the payment of the prin-
cipal of the bonds as they fall due; provided, that when such corporation is
divided into sewer districts, the council, instead of assessing and levying such
tax upon the entire taxable property of the corporation, may assess and levy
the same by districts, fixing such rates for each district as the council may
deem proper, or may so levy and assess any part of such tax by districts, and
the residue upon the entire taxable property of the corporation; or may levy
and assess such tax, or any part thereof upon any one or more of such districts,
exempting the remaining districts from such taxation. Whenever such tax is
assessed and levied by districts, or upon any one or more districts, the money
thereby realized from each district shall constitute a separate fund, to be applied
only for sewerage in the district from which it is derived, and to no other pur-
pose whatever. [82 v. 153.]
(2406-93) SEC. 5. [Assessment on property specially benefited.]
The council of such municipal corporation may pay the entire costs and
expenses of any such improvement or improvements out of the corporation or
district fund, as the case may be, raised as herein before provided; but in no
case shall the council, either before such improvement or improvements shall
have been commenced, or after the same are completed, fail to assess and collect
the costs and expenses thereof, upon the property thereby specially benefited;
such assessment to be in any one of the modes, and to the extent authorized
by, and to be collected as provided in said sub-division five, chapter four, division
seven, title twelve of said Revised Statutes, except so far as the same is modified
by section four [§ (2406—92)] of this act; and when any such special assessment
has been placed upon any property, it shall, when collected, be paid into the
district fund authorized to be created by this act, of the district wherein such
property is situated, or if no such fund has been provided for the district, then
into the corporation fund authorized by this act to be created; provided, how-
ever, that when a fund is constituted for any sewer district, as aforesaid, such
improvement or improvements may, if the council deem the same expedient,
be made and paid for out of said district fund, without any of the assessments
in this section provided for, upon the property in such districts specially ben-
efited by such improvement or improvements. [82 v. 153.]
(2406-94) SEc. 6. [Applicability of statutory provisions.] For the
purpose of more fully carrying out the provisions of this act, the council of
such municipal corporation is not required to be governed, in the execution
thereof, by section two thousand six hundred and eight-three, nor by section two
thousand three hundred and seventy-five of said Revised Statutes; and in all pro-
ceedings in making any or all such improvements, where the same are not
provided for by this act, such proceedings shall conform to the other laws of
the state of Ohio applicable thereto. [82 v. 153.]
CITIES OF 3D OR 4TH GRADE, SECOND CLASS.
(2406-95) SEC. 1. [Certain cities, 3d or 4th grade, second class,
authorized to construct sewers and assess cost on abutting property.] In
any city of the third or fourth grade of the second class having a board of public
1200
§ (2406-96).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
affairs or city council, the said board of public affairs or city council shall have
authority to construct sewers through any of the streets, avenues or alleys, or
parts thereof of the said city and to certify to the said council of any such city
the estimated cost of the said construction to the end, that the same shall be
paid for and assessed upon the property abutting upon those streets, avenues or
alleys, or the parts thereof through which said sewers may be constructed
in accordance with the provisions of this supplement and in accordance
with the various provisions of law now enacted or hereafter to be enacted
applicable thereto and not inconsistent with this act. Provided, that before
any such improvement shall be ordered by any such city council there shall
be filed with the city clerk a petition praying for the same signed by the
owners of a majority of the lots and lands to be assessed therefor counted in
feet abutting upon the streets, avenues and alleys in which any such sewer is
to be constructed. [92 v. 197; 86 v. 360.]
(2406–96) SEC. 2. [Bonds may be issued; limitation.] In order to
provide for the payment of the costs and expenses of said improvements to be
assessed on the abutting property, the council in any such city shall, from time
to time, upon certified estimates made to said council by said board of public
affairs, issue the bonds of such city, in such sums as it may appear by such cer-
tified estimates may be required, in all to an amount not exceeding the con-
tract price of the work and the other expenses attending the same and inter-
est as hereinafter provided for; said bonds shall be issued as other bonds of
such cities are issued, but they shall be plainly designated as sewer bonds, and
shall bear the name of the street, avenue or alley, or parts thereof through
which the said sewer has been constructed, or it is proposed shall be constructed,
and shall state therein that they are to be paid by an assessment upon the prop-
erty abutting upon said street, avenue or alley, or part thereof; said bonds
shall extend over a period of at least fifteen years; they shall bear interest at a
rate not exceeding six per centum per annum, payable semi-annually, on the
first day of July and January, and principal and interest shall be payable at
the office of the city treasurer. [86 v. 360.]
(2406-97) SEC. 3. [Cost to be assessed equally by the front foot.]
The said bonds shall be negotiated at not less than par, as the other bonds of
such cities are negotiated, and the proceeds shall be applied solely to pay for
said sewers, and the proceeds thereof shall only be paid upon the certificate of
the said board of public affairs that the work has been done according to
the contract. When the whole work is done, the amount of the bonds sold to
pay for the same, and the interest thereon to the next interest day, when
assessments can be collected as hereinafter provided to pay the same, shall be
taken as the cost of said sewer or sewers, to be paid by the owners of the
abutting property, and that amount shall be assessed equally by the front
foot of property fronting or abutting on the said streets, avenues, alleys or parts
thereof through which the said sewer or sewers shall have been constructed.
[86 v. 360.]
(2406-98) SEC. 4. [Assessments to be placed on tax duplicate.]
Such assessment shall be placed upon the tax duplicate, and shall be payable
in equal installments to meet said bonds, at the county treasurer's office, with
interest at the rate provided in said bonds, payable semi-annually, from the
date to which such semi-annual interest was computed, on the amount of said
bonds, or so much as remains unpaid, from time to time, until all said bonds.
and interest are fully paid. [86 v. 360.]
(2406-99) SEC. 5. [Assessments to be a lien until fully paid.] Such
assessments, with the interest accruing thereon, shall be a lien upon the prop-
1201
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
(2406-100).
erty abutting upon the street, avenue or alley or part thereof, through which
the said sewer or sewers shall be constructed, from the time the contract is
entered into for the construction of said sewer or sewers, and shall remain a lien
until fully paid, having precedence of all other liens, except taxes, and shall
not be divested by any judicial sale unless the payment of the same is provided
for from the proceeds of such sale; provided, that such lien shall be limited
to the usual depth of the lots or lands abutting on said street, avenue or alley,
or part thereof. No mistakes in the description of the property or the name
of the owner or owners shall impair the said lien. [86 v. 360.]
(2406-100) SEC. 6. [How assessments paid.] Any owner of prop-
erty against whom an assessment shall have been made for the construction of
such sewer or sewers shall have the right to pay the same, or any part yet re-
maining unpaid, in full, with interest thereon, to the next semi-annual pay-
ment due on said assessment, and such payment shall discharge the lien on
the property. If any owner shall subdivide any abutting property after such
lien attaches, he may discharge the same upon any part thereof in like manner.
[86 v. 360.]
If
(2406–101) SEC. 7. [Application of proceeds.] All moneys received
from such assessments shall be appropriated by the proper authorities of the
cities, solely to the payment of the interest and the redemption of the bonds
issued for the construction of said sewer or sewers, or any renewal thereof.
any bond or interest shall be due, and no money is in hand to pay the same,
the city shall be authorized to make a temporary loan to pay the same; but
such lien shall remain in full force on the abutting property for the full assess-
ments not paid, and accruing interest for such temporary loan, in behalf of
such city. [86 v. 360.]
(2406-102) SEC. 8. [Action for collection of unpaid assessments.]
In any action to enforce or enjoin any assessment, the court shall disregard
any irregularity or defect, whether in the proceedings of said board or council,
or any officer of the corporation, or in the plans or estimates; and the accept-
ance of the work by the said board of public affairs as set forth and stipulated
in section three [$(2406-97)] of this act, shall be presumptive evidence that the
contract has been complied with, and that the assessment exists; but if it be
shown that there is any substantial defect of the improvement, or any fraud in
the contract price of the work or materials, the court may order such deduction
therefor from the cost of such sewer or sewers, and said deduction shall be
ratably deducted from the assessments on all the property abutting on the
street, avenue or alley or part thereof through which such sewer or sewers shall
have been constructed, and the court may make such order in regard to the
costs, where such substantial defect or fraud is found, as to the court shall seem
proper. [86 v. 360.]
(2406-103) SEC. 9. [Estimate of cost to be made by city engineer.]
It shall be the duty of the city engineer in such city, and he is hereby required,
immediately upon the receipt by the city council of such city of the certificate
of the said board of public affairs provided for in section three [§(2406–97)]
of this act, to proceed at once to make a proper plat and assessment for the
cost of the construction of said sewer or sewers upon the abutting property.
[86 v. 360.]
(2406-104) SEC. 10. ["Owner" defined.] The term owner in this
act shall be construed to include all persons, corporations, private, public, state
or municipal. [86 v. 360.]
See ? 2683 et seq., and 22700 et seq.
(2406-105) SEC. 1.
COLUMBUS SEWER FARM.
[Columbus sewer farm.]
[Columbus sewer farm.] That cities of the
first grade of the second class be and they are hereby authorized and empow-
77
1202
§ (2406-106).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
ered by and through the board of public works thereof, to purchase and hold
land outside their corporate limits to be used as a sewer farm and to construct
and maintain thereon all the necessary appliances for the proper disposition
of the sewerage of said cities. [89 v. 175.]
(2406-106) SEC. 2. [Bonds.] That for the purpose of raising funds.
to pay for the same the city councils of such cities upon the recommendation
of the board of public works, be and they are hereby authorized and empow-
ered to issue bonds of such cities, and in an amount not to exceed one hun-
dred thousand dollars. Said bonds shall be issued by such city councils when-
ever the board of public works may determine that they are necessary for
such purposes, and in denominations of one thousand dollars each, and shall
be payable at such times as said board of public works may designate not to
exceed five years from their date. Said bonds shall be designated as sewer
farm bonds," and shall bear such rate of interest not to exceed six per cent.
per annum, payable semi-annually, as the city councils of the cities issuing
them may determine, and said bonds shall in all respects be made and dis-
posed of as provided by law. [89 v. 175.]
(6
(2406-107) SEC. 3. [Additional tax levy.] That the city councils
of such cities which avail themselves of the provisions of this act shall levy
annually upon all the taxable property in such cities, a tax sufficient in rate
and amount to pay the accruing interest on said bonds and to provide a sink-
ing fund to pay said bonds at maturity, and such levy may be additional in
rate and amount to the taxes authorized by law to be levied for any and all
other purposes. [89 v. 175.]
(2406–108) SEC. 1. Village councils to provide for drainage from
artesian wells.] In any village within this state, containing or having within
its corporate limits any artesian or flowing well or wells, the council thereof
shall have, and hereby is vested with the power to cause and provide for the
efficient drainage of any and all streets, alleys and public grounds within such
village, by conducting said surface water and water flowing from such wells,
in, across and along said streets, alleys and public grounds, in such manner
and by such means as council may determine, by resolution and other pro-
ceedings, as in the case of sidewalks, as now provided by law. And council
shall have and exercise the same powers in relation to the construction and
maintenance of the drains and drainage provided for in this act, as is now
possessed and exercised by such council in relation to the construction and
maintenance of sidewalks in villages. Provided that council may in its dis-
cretion, if deemed equitable and advisable so to do, cause to be paid out of
the street improvement fund of such village, any part of the cost and expense
of so constructing and maintaining such drains and drainage. [88 v. 435.]
•
TRUNK SEWERS.
Cambridge may issue trunk sewer and sewer bonds, 93 v. 580.
(2406-109) SEC. 1. [Authorizing cities, first grade, first class, to
construct trunk sewers.] In cities of the first grade of the first class the
board of public affairs, in addition to the powers already possessed by them,
with reference to trunk sewers, shall have power to lay out and construct
within the limits of such corporation additional trunk sewer or sewers, and to
purchase or condemn rights-of-way therefor without the concurrence of council,
and shall pay for the same from the fund hereinafter provided for. [86 v. 129.]
(2406–110) SEC. 2. [Bonds may be issued.] That to provide funds.
to meet such expenditure, the board of public affairs in such city may, from
time to time, issue the bonds of such city, to an amount not to exceed in the
aggregate the sum of three hundred and fifty thousand dollars; said bonds to be
1203
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2406-111).
payable at such times and to bear interest at such rate, not exceeding four per
cent. per annum, as said board of public affairs shall determine. Said bonds
shall be signed by the president of such board of public affairs, and the mayor
of such city, and be attested by the comptroller of such city, and shall be
secured by the pledge of the faith of such city; and a tax which it shall be the
duty of the council of such city, annually, to levy upon the taxable property
of such city, and certify the same to the county auditor upon a certificate to that
effect from the trustees of the sinking fund of such city, as to the amount
necessary to pay the interest thereon and to provide a sinking fund for the
final redemption of said bonds. Said tax shall be in addition to the amount
now authorized to be levied for municipal purposes. [86 v. 129.]
(2406-111) SEC. 3. [Advertising for bids for sale of bonds.] Said
board of public affairs shall receive bids for said bonds, from time to time, as
may become necessary, and after advertising the same as required by law, shall
sell the same for not less than par value, with the accrued interest, to the high-
est bidder. The money arising from the sale of said bonds shall be placed in
the sewer fund in the city treasury, in addition to that already provided by law
for such purposes, and shall be drawn out on the order of the board of public
affairs, which board shall have sole control of the expenditure of the funds
provided for by this act for the purposes indicated herein; and in making such
improvements, the board of public affairs shall be governed by the laws relat-
ing to the construction of sewers in such cities. [86 v. 129.]
See 2366 et seq., 22683 et seq., and 2700 et seq.
(2406-112) SEC. 1. [Cincinnati trunk sewers; levy of tax.] That
for the construction of trunk sewers in cities of the first grade of the first
class, the board of legislation thereof be, and they are hereby required to levy,
in addition to the taxes now authorized by law, annually, at the same time
and in the same manner that other taxes are authorized to be levied, four-
tenths of a mill on a dollar of all the property of such cities subject to tax-
ation, for and during each of the six fiscal years next ensuing after the passage
of this act. [93 v. 561; 92 v. 517; 84 v. 75.]
(2406-113) SEc. 2. [Trunk sewer fund; expenditure from.] The
money arising from said levy shall be placed in the city treasury and kept as a
separate fund, to be known as the trunk sewer fund, and shall be expended
only for the purpose of constructing trunk sewers for such cities, and in paying
for rights of way for the same and the outlets thereof, which may be secured
either by purchase or by appropriation, in accordance with the statutes provid-
ing for the appropriation of private property by municipal corporations and as
hereinafter provided, and in paying the surplus over the assessments authorized
by law of the costs of constructing the lateral and branch sewers; but any por-
tion of said fund may be expended for the purpose aforesaid, in any part of
said city without regard to any division of the same into sewer districts, or
for the purpose of purchasing or appropriating lands without the limits of such
city for necessary outlets for sewers so as aforesaid constructed, and for continu-
ing such sewers over the lands so appropriated; and no part of said fund shall
ever be transferred to any other fund. [92 v. 517; 84 v. 75.]
(2406-114) SEC. 3. [Tapping of trunk sewers by private persons;
power of board of public affairs; assessment of abutting lands; lands
not subject to assessment; owners of such lands may tap sewers, when;
levy of assessments.] No owner of property abutting on the line of any of
said sewers shall be permitted to tap or use the same in any manner for the
drainage of private property until he shall have fully paid the assessments
levied on all of his property, to pay the cost of constructing such sewer, and
complied with such other rules and regulations as may be provided by the
1204
§ (2406-115).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
board of administration, as to tapping of sewers in such cities. And said board
of administration may permit owners of property abutting or in the vicinity of
the line of any of said sewers without the limits of such cities, to tap and use
the same upon such conditions and upon such terms, which shall not be less
than for the owners of property within such cities abutting on the line of such
sewers and subject to such rules as said board of administration shall prescribe.
And the said board is hereby authorized and required to assess all lands abut-
ting upon any such trunk sewer, whether the same be located in any street or
other public way, or upon ground neither used nor intended to be used as a
public way, to the same extent and in the same manner that the laws now
provide for the assessment of the cost of the construction of sewers upon prop-
erty abutting upon or benefited thereby, except in cases where the owners of
lands upon the line of such sewers have dedicated a right of way through their
lands for the purpose of such sewer, in which case their lands abutting such
right of way so dedicated shall not be subject to assessment; but such owner
of land abutting such right of way so dedicated by them, shall not be permitted
to tap such sewers until he or they shall have fully paid into the treasury, to
the credit of said trunk sewer fund, an amount per foot of land so abutting
on the line of said sewer equal to the amount assessed against other property
along the line of such sewer, and have otherwise complied with the rules and
regulations of the board of administration. The assessment herein provided
for may or may not be levied by districts, as said board in its discretion may
determine. [92 v. 517; 84 v. 75.]
(2406-115) SEC. 4. [Completion of old and construction of new
sewers; payment of cost; limitation on contracts for expenditures.] Upon
the passage of this act, the board of administration of such cities shall proceed
at once to take the necessary steps to complete the trunk sewers now in process
of construction, and contract for the construction of such additional sewers,
commencing with such sewers as are most immediately necessary; the cost of
the same over and above the amount of the assessment permitted by law to be
paid out of the trunk sewer fund above provided for, as soon as the same is
collected; provided, that the amount contracted to be paid under any such.
contract or contracts made in the anticipation of the collection of any such
levy, shall not in any one year exceed the sum of one hundred and sixty
thousand dollars, in addition to the amount which the law authorizes to be as-
sessed upon private property for the construction of such sewers. [92 v. 518;
84 v. 75.]
(2406-116) SEC. 5. [Powers and duties of board of public affairs
in making such improvement.] In making such improvements the board of
administration shall be governed by the laws relating to the construction of
sewers in such cities, and the condemnation and appropriation of private
property therefor, except that the said board of administration shall have and
exercise all the powers and perform all the duties of council or board of legis-
lation in the prosecution of said work or furnishing materials therefor, the
making and levying assessments therefor, the enforcement and collection there-
of, the certificates of any unpaid assessment to the county auditor to be placed
upon the tax-list, and payment to contractors for the construction of such
sewers; said board of administration shall have and exercise all the powers
now vested in council or board of legislation, and shall be subject to all the
restrictions and regulations now imposed upon said board of administration in
cases where any improvement by sewerage has been ordered by council or
board of legislation, except as herein altered or amended; it being the inten-
tion and meaning hereof that in all such improvements it shall not be neces-
sary to have the action or concurrence of council or board of legislation in
any of the said proceedings. [92 v. 518; 86 v. 297; 84 v. 75.]
1205
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2406—117).
(2406-117) SEC. 6. [Repeals.] That an act entitled "An act to pro-
vide for the construction of trunk sewers in cities of the first grade of the first
class," passed April 18, 1883, (80 O. L., 184), an act entitled "An act to amend
section 3 of an act entitled 'an act to provide for the construction of trunk
sewers in cities of the first grade of the first class,'" passed February 20, 1885
(82 O. L., 69), and an act entitled "An act to provide for the construction of
trunk sewers in cities of the first grade of the first class," passed March 12,
1887, (84 O. L., 75), be and the same are hereby repealed. [92 v. 518; 84 v. 75.]
(2406-118) SEC. 1. [Cities of third grade, second class, authorized
to issue bonds for construction of trunk sewers.] Cities of the third grade
of the second class, for the purpose of constructing main or trunk sewers, may
issue the bonds of the corporation, and borrow money for such purpose, equal
in amount to the excess of the cost of such main or trunk sewers, over the
amount that may be assessed upon the lots and lands bounding or abutting
upon the streets, lanes, alleys, highways, market spaces, public landings, and
commons, in or along which such main or trunk sewer shall pass. [82 v. 137.]
(2406–119) SEC. 2. [Tax levy to pay said bonds; limitation.] When
bonds have been so issued, they shall bear the name and number of the sewer
district or districts through which such main or trunk sewer is to be con-
structed, and annually thereafter, at the time of the annual levy of taxes of
such city, until sufficient funds are provided to pay the principal and interest
of such bonds, the council of such city shall levy a tax of at least one mill and
not more than three mills, upon each dollar of valuation as assessed for tax-
ation, of all the taxable real and personal property in such district or districts,
and such levy may be in excess of the limitations mentioned in section twenty-
six hundred and eighty-nine of the Revised Statutes. [82 v. 137.]
(2406-120) SEC. 1. [Municipalities in Cuyahoga county may con-
struct main sewers jointly; procedure.] The respective councils of any two
or more municipal corporations within any county containing a city of the
second grade of the first class shall have power to provide for the construction
of a main sewer jointly by such corporations for the purpose of sewering and
draining such corporations or any part thereof, and to agree upon the plan and
location of such main sewer and the terms and conditions on which the same
shall be constructed and maintained for common use, and the portion of the
cost and expense thereof to be paid by each corporation. The council of each
corporation shall provide for assessing such portion of the cost and expense of
constructing any such main sewer as it shall determine to be a proper charge,
for the local sewerage and drainage furnished thereby, upon the lots and lands
within such corporation bounding or abutting on the streets, avenues, lanes,
alleys, highways or other public grounds, in or along which the same shall
pass, and for the collection of such assessments, in the same manner and sub-
ject to the same restrictions as provided by law for the assessment and collection
of the cost and expense of constructing like improvements wholly within such
corporations, respectively, and the excess of such portion of such cost and ex-
pense, over the assessment herein authorized, shall be paid out of the sewer fund
of the corporation, or, if the corporation is divided into sewer districts, out of
the sewer fund of the sewer district or districts, directly or indirectly, sewered
in whole or in part thereby, and, in case more than one district is so sewered
thereby, the council shall apportion the amount to be paid by each district.
The advertisement by such corporations for bids for the construction of any
such main sewer shall be published in the manner and for the length of time
required for similar advertisements in cities of the second grade of the first
class, and the bids shall be filed with the clerk of the board of improvements
or board of control, as the case may be, of the corporation by which the largest
1206
*
•
§ (2406—121).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
portion of the cost and expense of such sewer is to paid, and the same shall be
reported by such clerk to the council of each corporation. Any contract made
for the construction of such sewer shall be in the names of such corporations
jointly, but each corporation shall be liable only for such proportion of the
cost and expense of said improvement as shall be specified in the ordinances
providing for the same. Except as otherwise provided herein, all proceedings
by each corporation in reference to the construction of such joint main sewers
and the making and collection of assessments for the payment of any part of
the cost and expense thereof, shall be governed by the laws in relation thereto,
which may be in force within such municipal corporations, respectively, so far
as the same are applicable. [91 v. 701.]
(2406–121) SEC. 1. [Columbus may construct main trunk sewers
and sewer pumping stations.] Councils of cities of the first grade of the second
class be and they are hereby authorized and empowered to construct and main-
tain main trunk sewers and sewer pumping stations between and at such
points as said councils may determine. [87 v. 52.]
(2406-122) SEC. 2. [Bonds.] That for the purpose of raising funds
to pay for the construction of the main trunk sewers and sewer pumping
stations authorized by this act, the councils of said cities be and they are
hereby authorized and empowered to issue, from time to time, the bonds of
such cities for any sum not exceeding in the aggregate two hundred and fifty
thousand dollars ($250,000.00), running for such length of time as such councils
may determine, not exceeding thirty years, and bearing such rate of interest as
may be determined by said councils, not exceeding six per centum per annum,
payable semi-annually, and of denominations of one thousand dollars each.
†87 v. 52.]
(2406–123) SEC. 3. [Same.] Such bonds shall be made and disposed
of in the manner that is or may be provided by law for the issue and sale of
other bonds of such municipal corporations. Said bonds shall be designated
as main trunk and sewer pumping station bonds, and the proceeds of the sale
thereof shall be applied exclusively to the purposes for which they are issued.
[87 v. 52.]
(2406—124) SEC. 4. [Levy of tax.] For the purpose of paying the
principal and interest of the bonds that may be issued under the provisions
of this act, as they respectively mature, the councils of said cities are hereby
authorized and empowered to levy annually upon all the taxable property of
said cities a tax sufficient in rate and amount to pay the interest that will
accrue upon said bonds and to provide a sinking fund to pay said bonds at
maturity, and such tax or levy may be additional in amount to the aggregate
rate and the aggregate of all taxes now or hereafter authorized to be levied or
ordered by such municipal corporations. [87 v. 52.]
For other bond acts for Columbus main trunk sewers, see 87 v. 10; 87 v. 14.
Columbus sewer farm, see ? (2406—105).
(2406-125) SEC. 1. [Council in Columbus may construct main
trunk sewers.] The city councils of cities of the first grade of the second
class be and they are hereby authorized and empowered to construct and main-
tain main trunk sewers, between such points as the city councils of such cities
may determine, to carry off the sewage of such cities, or any part thereof, to a
proper and convenient point. [90 L. L. 163.]
(2406—126) SEC. 2. [Fund for payment.] That for the purpose of
raising funds to pay for the construction of such sewers, the city councils of
said cities be and they are hereby authorized and empowered to issue the bonds.
of such cities in an amount not exceeding one hundred and ten thousand
dollars. Said bonds shall be issued whenever said city councils may determine
1207
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2406—127).
that they are necessary for such purpose, and in denominations of one thou-
sand dollars each, and shall be payable not exceeding twenty-five years from
their dates. Said bonds shall be designated as "main trunk sewer bonds,"
and shall bear such rate of interest, not exceeding five per centum per annum,
payable semi-annually, as the city council of the respective cities issuing them
may determine; and said bonds shall, in all respects, be made and disposed of
as provided by law. [90 L. L. 163.]
(2406-127) SEC. 3. [Tax.] That the city councils of the cities which
avail themselves of the provisions of this act shall levy, annually, on all the
taxable property of such cities, a tax sufficient in rate and amount to pay the
accruing interest on said bonds and to provide a sinking fund to pay said
bonds at maturity, and such levy may be additional in rate and amount to
the taxes authorized by law to be levied for any and all other purposes. [90
L. L. 163.]
(2406–128) SEC. 1. [Construction of joint trunk sewer by certain
villages (in Hamilton county): board of commissioners.] That upon the
petition of the councils of four or more villages situated in any county con-
taining a city of the first grade of the first class requesting the same, the judge
of the probate court shall appoint a board of commissioners, composed of four
citizens of the villages whose councils have joined in said petition, chosen
equally from the two leading political parties, and no two of whom shall be
residents of the same village, to construct a trunk sewer for sewage purposes
only for the joint use of said villages, and such other villages as may there-
after be included in the manner hereinafter prescribed. Such commissioners
shall receive no compensation, but be repaid their necessary expenses. All
vacancies in the office of commissioners shall be filled by the appointment of
the judge of the probate court from the same political party as the original
appointment, and from one of said villages not already represented by a com-
missioner remaining in said board. [88 v. 313.]
(2406-129) SEC. 2. [Organization and powers of board.] Said
board shall select from their own number, a chairman, and have power to ap-
point a clerk, a civil engineer, a superintendent, and other necessary employes,
and fix their compensation. Said board shall also have the power to adopt a
plan for, and locate such sewer, flushing-tanks, and other necessary appur-
tenances for the proper construction and use thereof, and make and enter into
all contracts connected therewith. [88 v. 313.]
(2406-130) SEC. 3. [Meetings.]
[Meetings.] Said board shall hold regular
meetings at such time and place as may be agreed upon, and special meetings
under such regulations as it shall prescribe, and cause to be kept a full record
of its proceedings, and no contract of said board, or alteration or modification
thereof, shall be valid until assented to at a regular meeting, and concurred in
by a majority of all the members, and such assent entered on the minutes of
its proceedings. [88 v. 313.]
(2406-131] SEC. 4. [Expenditures must be authorized by board.]
No money shall be expended on account of said sewer or appurtenances unless
first authorized by said board, and upon warrant signed by its chairman and
clerk, to be paid by the county treasurer out of the fund hereinafter provided for,
and no commissioner or other person holding any appointment from said
board shall be interested directly or indirectly in any contract made by said
board. [88 v. 313.]
(2406–132) SEC. 5. [Plans, etc.] Said board shall, before entering
into any contract in respect to said sewer, cause plans and specifications, de-
tailed drawings and forms of bids, to be prepared. [88 v. 313.]
.
1208
§ (2406-133).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
(2406-133) SEC. 6. [How contracts made.] All contracts shall be
made in writing for, and in the name of the villages joined in said work,
and be signed by the chairman and clerk of said board, and the contractor.
[88 v. 313.]
(2406-134) SEC. 7. [No money to be paid under illegal contract.]
If a contract, agreement, or order made or authorized by said board be found
to violate any of the provisions of this act, it shall at once become void and
of no effect, and no money shall be paid or recovered for services rendered or
material furnished thereunder. [88 v. 313.]
(2406–135) SEC. 8. [Sealed proposals.] Said board shall not enter
into any contract for work or materials, except such as relate to locating the
route of said sewer, procuring plans, drawings, specifications, and forms of bids,
contracts and bonds, without first causing fifteen days' notice to be given in
one or more newspapers of general circulation in said county; that sealed
proposals will be received for doing the work or furnishing materials. [88 v.
313.]
(2406-136 SEC. 9. [Bond to accompany bid.] Each bid shall be
accompanied with a bond in a sum to be fixed by said board, signed by
sufficient sureties for the acceptance of the contract, if awarded by the board,
and in case of refusal by the bidder to enter into a contract according to his
bid within such reasonable time as the board may determine, said bond shall
be put in suit, and the amount collected paid into the fund hereinafter men-
tioned. [88 v. 313.]
(2406-137) SEC. 10. [Where bid deposited, etc.] All bids shall be
enclosed in a sealed envelope and deposited with the clerk of said board, and
such sealed envelope shall have indorsed thereon the nature of the same, and
all bids shall be opened at the regular meeting of the board. [88 v. 313.]
(2406-138) SEC. 11. [Whom contract awarded.] Said board shall
enter into contracts with the lowest and best bidder, upon his giving bond to
the state of Ohio, for the use of said villages, with such sureties as the board
shall approve, that he will perform the work and furnish materials in accord-
ance with his contract; and on the failure of such bidder within a reasonable
time to be fixed by the board, to enter into bond with the sureties before pro-
vided, a contract may be made with the next lowest and best bidder, and so
on until a contract is effected by a contractor giving bond as aforesaid; pro-
vided, that the board may let the work in whole or in part, and may reject any
and all bids. [88 v. 313.]
(2406-139) SEC. 12. [Bonds and apportionment of cost.] To cre-
ate a fund to defray the expenses to be incurred under this act, and to be called
"the trunk sewer fund of the village of
and other villages," the coun-
cils of the villages so joined shall forthwith, upon the receipt of orders of said
board, certified by its chairman and clerk, from time to time, and as often as
said board thinks necessary, borrow and pay into the county treasury money
not exceeding in the aggregate the sum of one hundred and fifty thousand dol
lars ($150,000.00), in such sums as, and at no greater rate of interest than may
be fixed by said board, and named in said orders respectively. Said aggregate
of one hundred and fifty thousand dollars ($150,000.00) shall be apportioned
among said villages in proportion to their respective totals of taxable prop-
erty, as shown by the latest tax duplicate of the county, and before making
an order for the payment of any of said money said board shall certify to
each of the said councils the total apportionment of said one hundred and
fifty thousand dollars ($150,000.00) to be paid by each of said villages. When-
ever said board shall order the payment of any part of said $150,000.00 into
•
+
1209
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2406—140).
the county treasury as aforesaid, it shall certify in said order to be sent to the
councils of all of the villages at the same time said part so ordered, and the
proportion thereof to be paid by each of the villages respectively, in accord-
ance with their totals of taxable property as aforesaid. And to secure the
payment of the principal and interest of the amounts borrowed by said vil-
Tages respectively, the councils thereof shall issue bonds of said villages respect-
ively, which bonds shall not be sold at less than their par value; shall bear
interest at a rate not exceeding six per cent. per annum, payable semi-annually,
and shall be of such denominations as said councils, respectively, shall deter-
mine. Provided, however, that said bonds shall have interest coupons at-
tached and be due in twenty years and redeemable in ten years from date. [88
v. 313.]
(2406-140) SEC. 13. [Levy of tax.] The councils of the various
villages so joined shall, at the time of making their annual levy, levy such
amount of taxes as will pay the interest on such indebtedness of said villages
respectively, and create a sinking fund sufficient to redeem the same at matur-
ity, not exceeding the levy of one and a half mills on each dollar of taxable
property. The council of any village coming under the provisions of this act,
is hereby authorized, and it shall be the duty of the council of each of the
said villages to borrow money, pay the same over into the county treasury,
issue bonds therefor, and make an annual levy to pay the same, as provided
in this act. And such levy is hereby authorized in addition to the tax
allowed by law. And all the taxes levied and collected under the provisions.
of this act shall be applied to the specific object for which they are levied and
no other. [88 v. 313.]
(2406-141) SEC. 14. How village may be subsequently permitted
to join in construction.] After the appointment of the board of commission-
ers as hereinbefore provided, if any village, other than those originally peti-
tioning for said board, desire to join in the construction and enjoy the benefits
of said sewer, its council may present a petition to said board to that effect at
any time before the first payment of money into the county treasury has been
ordered; and if said board shall consider that said petition can be granted
without injury to the villages already united in constructing such sewer, it
shall, forthwith, notify said additional village of the granting of its petition,
and thereupon said additional village shall be included in said work as if hav-
ing joined in the original petition therefor. [88 v. 313.]
(2406-142) SEC. 15. [Condemnation, etc.] For the purposes of this
act said board is hereby empowered for and in the name of said villages, to
acquire by donation, purchase or condemnation, in accordance with the stat-
utes providing for the appropriation of private property by municipal corpora-
tions, any part of private property, turnpike easement, or railway right of way,
in or outside the limits of any of said villages which may be necessary for the
construction and use of said sewer; and may also enter upon and use for said
purpose any county road or street in or outside any of such villages. In the
appropriation of property as herein provided, said board shall proceed in the
same manner and do the same things as nearly as practicable, as are by law
required of a council of a municipal corporation. Said board is also empow-
ered for and in the name of said villages to agree and contract with the proper
authorities of any city for the right to connect said sewer for its outlet with
any trunk sewer of said city, constructed or to be constructed. [88 v. 313.]
(2406-143) SEC. 16. [Disposition of unexpended balance.] Upon
the completion of said work and payment of all liabilities, said board shall
cause any unexpended balance of said fund to be repaid to said villages pro
rata, and the same shall be placed by said villages in the sinking fund pro-
1210
§ (2406-144).
ASSESSMENTS.
Tit. XII, Div. 7, Ch. 4.
vided for in this act; and thereupon the term of office of said commissioners
shall cease. [88 v. 313.]
(2406-144) SEC. 17. [Responsibility of commissioners, etc.] Said
commissioners shall not be individually responsible to any contractor upon
any contract made in pursuance of this act, nor to any person upon any claim
occasioned by any act or default of any person contracted with, or employed
by them, in pursuance of this act. But any of the said commissioners may be
removed summarily by the judge of the probate court, for misconduct in office
or neglect of duty. [88 v. 313.]
(2406-145) SEC. 18. [Trunk sewer trustees.] It shall be the duty
of said board, when the work and payments therefor have been completed, as
specified in section 16 [§(2406-143)] of this act, forthwith to notify the mayors
of the said joined villages, and thereupon said mayors shall, respectively, each
appoint a citizen of the village over which he presides, which said citizens shall
act as representatives of their respective villages, and form a board of trunk
sewer trustees. Said trustees first appointed shall serve until the April next fol-
lowing their appointment, and until their successors are appointed and qualified.
At the first regular meeting of council in April of each year after said first ap-
pointment, said mayors, respectively, shall each appoint a citizen of his village
as member of said board of trustees, to serve for one year and until his suc-
cessor is appointed and qualified. [88 v. 313.]
(2406-146) SEC. 19. [Ownership in and maintenance of sewer.] Said
sewer and appurtenances, upon their completion, shall become the property of
said joined villages, and said board of trustees representing said villages, shall
have possession thereof, and shall take all necessary steps to keep the same in
proper repair and condition, and to protect them from damage and improper
use. [88 v. 313.]
(2406-147) SEC. 20. [Terms for tapping into sewer: by whom
prescribed.] Said board of commissioners during its existence, and, there-
after, said board of trustees, shall have power to prescribe the terms and con-
ditions including the price to be paid therefor, upon which other villages,
hamlets, public institutions, districts, or individuals may connect with and use
such sewer, and upon compliance with said terms and conditions, and pay-
ments of the price into the county treasury to the credit of the said contingent
fund hereinafter provided for, shall grant the right to do so, provided that no
such right shall be granted so as to interfere in any way with the efficiency
of said sewer for the benefit of the villages originally constructing the sewer.
[88 v. 313.]
(2406-148) SEC. 21. [Organization, etc., of sewer trustees.] Said
board of trustees shall organize by electing one of their own number as chair-
man, and shall appoint a clerk. They shall hold regular meetings at such
time and place as may be agreed upon, and special meetings under such rules
and regulations as they may provide, and cause to be kept a full record of their
proceedings. [88 v. 313.]
(2406–149) SEC. 22. [Powers of trustees.] Said trustees shall have
power to prescribe rules and regulations for the use of said sewer, and to pro-
vide for keeping the same open, cleansing it by flushing with water, and in
general to keep said sewer in good and proper repair and operation, making
the necessary contract therefor; but no such contracts shall be for a longer
period than one year. All money expended by said trustees shall be upon an
order made at a regular meeting, and upon warrant signed by their chairman.
and clerk, to be paid by the county treasurer out of the contingent fund, here-
inafter provided for. [88 v. 313.]
1211
Tit. XII, Div. 7, Ch. 4.
ASSESSMENTS.
§ (2406—150).
(2406-150) SEC. 23. [Levy of tax for contingent fund.] To pro-
vide a contingent fund for the proper keeping in repair of such sewer and its
appurtenances, said trustees shall certify to the various villages represented by
them, a sufficient levy to be made upon all taxable property of such villages,
not exceeding one-fourth of one mill in any one year, and it shall be the duty
of the councils of said villages, respectively, to include said levy, and such levy
is hereby authorized in addition to the tax now allowed by law, at the time
of making their next annual levy, and the same shall be paid into the county
treasury, and be known as "the trunk sewer contingent fund of the village of
and other villages," and be paid out as before provided on the order of
said trustees. [88 v. 313.]
1212
Tit. XII.
WATER-WORKS.
Div. 8, Ch. 1.
EIGHTH DIVISION: PROPERTY OF THE CORPORATION, DEDICA-
TION, RIGHTS OF THE PUBLIC AND PROPERTY OWNERS, AND
AGENCIES OF CONVENIENCE AND NECESSITY.
CHAPTER 1.
1. WATER-WORKS.
CHAPTER 2. FIRE DEPARTMENT.
CHAPTER 3. GAS COMPANIES.
CHAPTER 4.
CHAPTER 5.
CHAPTER 6.
CHAPTER 7.
CHAPTER 8.
LIGHTING CORPORATION.
RAILWAYS IN CORPORATE LIMITS.
PARKS AND PUBLIC GROunds.
CEMETERIES.
PUBLIC HALLS, AND OTHER PLACES FOR PUBLIC ASSEM-
BLAGES.
CHAPTER 8a. BUILDING LAWS.
CHAPTER 9. MARKETS.
CHAPTER 10.
INSPECTORS.
CHAPTER 11.
PLATS.
CHAPTER 12.
PLATTING COMMISSION.
CHAPTER 13. STREETS.
CHAPTER 14.
CHAPTER 15.
CHAPTER 16.
CHAPTER 17.
WHARVES, DOCKS AND WATERCOURSES.
LICENSES, AND HEREIN OF SHOWS, AUCTIONEERS, PAWN-
BROKERS, FERRIES, ETC.
LEASE OR SALE OF CORPORATE PROPERTY.
INJURIES RESULTING FROM EXCAVATIONS-DAMAGES.
CHAPTER 18. LAW LIBRARIES.
CHAPTER 1.
SECTION
WATER-WORKS.
2407. General powers of council as to land, etc., for
water-works.
2408. Trustees of water-works; board of public im-
provements.
2408a. Portsmouth board of public affairs to act as
water works trustees.
SECTION
2413. Monthly reports, and weekly deposits.
2414. Money to be kept as a distinct fund.
2415. Trustees or board may make contracts.
2416. Annual investigation.
2417. No charge for water to extinguish fires.
2417a. Water-works for public departments and char-
itable institutions in Cincinnati.
2409. Salary of trustees; duties of trustees of board;
duties as to electric light plants in certain
villages and cities.
2418.
Protection of attachments.
2419.
Rules as to contracts.
2410. By-laws, etc.
2420.
Contractors must give bond.
2411. Assessment and collection of water-rents; Cin-
cinnati.
2421.
2411-1. Purposes for which water-rents may be as-
sessed and collected in Cincinnati.
2411-2. Non-applicability of certain acts.
2411-3.
Uniform rates in Columbus.
2412. Disposition of surplus.
Extension of aqueducts, etc., beyond corpora-
tion limits: mains and water pipes ex-
tended at expense of individuals, under
supervision of water-works officers.
2422. Construction and regulation thereof.
1213
Tit. XII, Div. 8, Ch. 1.
WATER-WORKS.
$2407.
SECTION
2423. Water-works in contiguous cities or villages.
2424. Construction and regulation therof.
2425. Authority to supply contiguous cities or vil-
lages with water.
2426. Cost thereof, how raised.
2427. Works to be joint property.
2428. Termination of contract upon annexation.
2429. Tax for payment of interest.
2430. Tax for interest on loans; Toledo.
2431. Tax a lien on property.
2432. Laying pipes in highways.
2433. Criminal jurisdiction: territorial limits.
2434. Municipalities, except cities of the first grade,
first class, empowered to contract for a
water supply; contract to be submitted
to a vote of electors.
2435. Limitation in creating debts in Cincinnati.
CINCINNATI.
2435-1. Water-works commission for Cincinnati.
2435-2. Bond of members; must not be interested
ín contracts made by board.
Appointment; duties.
2435-3.
2435-4. Organization.
2435-5. Commissioners to take up plans, surveys,
2435-6.
etc.
Purchase or condemnation.
2435-7. As to making of contracts.
2435-8. If inexpedient to proceed under section
seven then board may contract with any
person, etc. for construction, etc. of works.
2435-9. Expenses.
2435-10. Fund for payment.
2435-11. "Water-works improvement fund.
2435-12. When works completed management sur-
rendered by commissioners.
2435-13. Property not needed may be sold.
2435-14. Unexpended funds shall be placed to credit
of sinking fund.
2435-15. Interest on bonds.
2435-16. Bonds.
2435-17. A member individually liable.
2435-18. The applicability of certain sections.
SPRINGFIELD.
2435-19. Council may issue bonds to construct water-
works.
2435-20. During erection, tax to be levied to pay in-
terest.
2435-21. When trustees of water-works to report to
council; receipts from water-works; how
applied.
2435–22. How sinking fund for payment of bonds
created.
2435-23. Plans and specifications may be altered;
alterations not to affect contract made.
2435-24. Contracts to be ratified by council.
2435-25. Moneys to be under exclusive control of
council.
2435-26. Council may assess cost of laying pipe on
abutting property.
2435-27. Expenses to be paid by annual levy until
receipts are sufficient to meet them.
SECTION
2435-28. Power of taxation not restricted by limita-
tions now imposed by law.
2435-29. Certain cities authorized to enlarge water-
works; may issue bonds therefor.
2435-30. Certain cities may issue additional water-
works bonds; term of interest.
2435-31. Certain cities authorized to issue bonds to
construct water-works.
2435-32. Levy of two mills additional to pay bonds;
to be built on reservoir plans; surplus:
how invested.
2435-33. Certain cities may issue additional bonds
to complete water-works; form of bond;
rate of interest.
2435-34. Moneys from bonds; how used.
CITIES OF 8,000 TO 10,000.
2435-35. Certain cities authorized to issue bonds to
construct water-works; question to be
submitted to vote of clectors.
2435-36. Tax to be levied to pay interest on bonds
until works are completed.
2435-37. Trustees of water-works to make annual re-
port to council.
2435-38. Residue of receipts to be under control of
council for payment of interest on crea-
tion of sinking fund.
2435-39. Council may modify plans, specifications,
etc.
2435-40. Contracts to be ratified by council.
2435-41. Moneys to be under control of council.
2435-42. Council to levy tax to defray expenses of
managing works.
2435–43. Limit of taxation.
2435-44. Bonds for Fremont water-works.
MISCELLANEOUS.
2435-45. Authorizing a certain city to contract for a
water supply, and to levy a tax therefor.
2435-46. Certain cities may contract with water com-
panies.
2435-47. Limitations; when submitted to vote.
2435-48. Bonds.
2435-49. Levy of tax.
2435-50. Board of trustees; powers, duties, etc.
2435–51. Assessments for laying water pipes in mu-
nicipalities except cities of first class;
bonds; provisions governing making of
assessments; as to a guardian signing pe-
tition for improvement.
2435–52. Cities of fourth grade, second class, may
issue water-works bonds.
2435-53. Levy of tax; earnings of water-works may
be used.
2435-54. To be submitted to vote.
2435-55. Council to act until election of water-works
trustees, etc.
2435-56. Oxford water and light trustees; vacancies,
etc.
2435-57. Removal from office.
2435-58. Power of board.
2435-59. Organization.
2435-60. Office for meetings.
For acts relating to particular cities, see ? (2435—1) et seq.
For "
an act to authorize the city council of cities of the second grade of the first class
to issue bonds for water-works purposes"-Cleveland, see 79 v. 112.
For "
an act to authorize city councils of cities of the first grade of the second class to
issue bonds for water-works purposes "-Columbus, see 79 v. 150.
For "an act to authorize the trustees of water-works in cities of the first grade of the
second class-Columbus-to purchase pumping engines for the use of water-works in such
cities" (84 v. 11).
For"
an act to authorize councils of cities of the first grade of the second class to issue
bonds for water-works purposes "-Columbus, see 85 v. 250.
Surplus in water-works fund in Columbus to be applied on interest on storage dam
bonds, etc., see ? 2836.
To authorize councils of villages to levy a tax and to pay water works and electric
light trustees of such villages for street lighting and fire protection, see ? (2683—1) et seq.
SEC. 2407. [General power of council as to land, etc., for water-
works.] The council of a city or village shall have power to take possession
of any land obtained for the construction or extension of water-works, reser-
voirs, or the laying down of pipe, and also any water rights or easements con-
1214
S$ 2408-2409.
WATER-WORKS.
Tit. XII, Div. 8, Ch. 1.
nected with the use of water; and any land, water right, or easement so taken
possession of for water-works purposes shall not be used for any other purpose,
except by authority of the trustees and consent of the council. [66 v. 205,
§334; (S. & C. 1529).]
SEC. 2408. [Trustees of water-woaks; board of public improvements.]
The council of any city or village in which water-works are situate, or in
progress of construction, or when it orders water-works to be constructed, or
purchases from any individual or individuals, or corporation, any water-works
already constructed and existing therein, shall establish a board of three trus-
tees, to be known as the trustees of the water-works, who shall be elected by
the electors of the corporation, at a general or special election, and hold their
office for the term of three years from the date of the annual municipal elec-
tion preceding their election except that at the first election under this chap-
ter one shall be chosen for one year, one for two years and one for three years,
from the date of such preceding annual municipal election, and thereafter one
of the trustees shall be elected annually at the annual municipal election,
provided, that in cities of the first grade of the first class there shall be no
board of trustees of water-works, but the duties of such trustees are devolved
on the board of public improvements, which board shall have all the powers
and perform all the duties required of the board of trustees in this chapter.
[87 v. 172; 76 v. 89, § 4; (S. & C. 1528).]
In Cleveland the director of public works supplants the trustees of water-works, see
? (1545—37).
In Columbus the board of public works are trustees of the water-works, see (1545-174).
Napoleon-trustees of water works to be appointed by mayor, 90 L. L. 284.
Board of public affairs in Portsmouth to exercise duties of water works board; water-
works board abolished, see ? (1707ƒ—17).
Board of control in Hamilton successor of; exercises powers of, see ? (1545—290).
By an act passed 1883, April 21 (80 v. 64), the following section was created:
"SEC. 2408a. [Council of certain cities to appoint water-works trustees.] In cities of the second grade of the
second class the trustees of the water-works shall hereafter be appointed by the city council of such city by
a majority vote at its last regular meeting in March annually; no more than two of such trustess shall be
from the same political party, and they shall hold their offices for the term provided, have all the powers
conferred and perform all the duties required by chapter one, division eight and title twelve of the revised
statutes; provided, that the trustees now in office shall serve out their respective terms, and that the first
appointment under this act shall be made in 1883.
12
This section was repealed by the act of 1884, February 26 (81 v. 26).
Under similar provisions in the act of 1853 (51 v. 360), it was held that where a city has no water-works
situate therein, and has done no more than to authorize the borrowing of money for the purpose of con-
structing water-works, an ordinance establishing a board of trustees of water-works is premature and unwar-
ranted, and such board may be legally abolished by the repeal of such ordinance: State v. Pinto, 7 O. S. 355.
SEC. 2408a. [In Portsmouth board of public affairs to exercise du-
ties of water works trustees.] In cities of the second class, third grade c,
the board of public affairs shall have the power and perform the duties con-
ferred and imposed upon the trustees of water works by chapter one, division
eight, title twelve of the Revised Statutes of Ohio. [93 v. 616.]
Part of new charter for Portsmouth to be submitted to electors.
SEC. 2409. [Salary of trustees; duties of trustees or board; duties
as to electric light plants in certain villages and cities.] The trustees
shall receive a fixed salary, to be determined by the council, and the trus-
tees or board shall manage, conduct and control the works, furnish sup-
plies of water, collect water-rents, and appoint all necessary officers and agents,
and fix the term of office and the amount of salary of each officer and agent
so appointed. Provided, that in all villages situate in counties containing
cities of the first grade of the first class and in all cities of the fourth grade of
the second class owning and operating in connection with its water works an
electric light plant for commercial or street lighting, or both, or when such
plant is in progress of construction, or when council orders such plant to be
constructed in connection with the water works, it shall be the duty of such
trustees, in addition to the duties above mentioned, to manage, conduct, con-
trol and operate such plant in connection with the water works, furnish light,
1215
Tit. XII, Div. 8, Ch. 1.
WATER-WORKS.
SS 2410-2411.
collect light rents from private consumers, appoint all necessary officers and
agents, and fix the term of office and the amount of salary of each officer and
agent so appointed, and all money collected for electric light purposes shall be
deposited weekly with the treasurer of the corporation, and all money arising
from a levy for light purposes, or from the proceeds of the sale of bonds issued
for the purpose of constructing or improving the electric light plant, shall be
paid out by the treasurer of the corporation on the order of such trustees,
which order shall be countersigned by the clerk of the board of trustees; and
all the provisions of this chapter relating to the powers, duties, privileges and
government of the trustees of the water-works shall, so far as applicable, control
such trustees in the management of such electric light plant. [92 v. 192; 90
v. 118; 66 v. 206, § 336.]
Control of electric lighting in Greenfield, Hamilton and villages, see ?? (2489—4) to
(—6).
To authorize councils of villages to levy a tax to pay water-works and electric light
trustees of such villages for street lighting and fire protection, see? (2830-1).
Control of electric light plant in city of the second class fourth grade and villages may
be vested in by council, see ? (2489—6).
Under ?? 2409 to 2415 the trustees may contract with a mill owner for part of his slack water for their
works: Fremont v. June, 8 C. C. 124; 1 O. D. 333.
SEC. 2410. [By-laws, etc.] The trustees shall be authorized to make
such by-laws and regulations as they may deem necessary for the safe econom-
ical, and efficient management and protection of the water-works, and such
by-laws and regulations shall have the same validity as ordinances, when not
repugnant thereto, or to the constitution and laws of the state. [66 v. 206,
$ 337.]
SEC. 2411. [Assessment and collection of water rents; Cincinnati.]
For the purpose of paying the expenses of conducting and managing the
water-works, the trustees or board shall have the power to assess and collect,
from time to time, a water rent of sufficient amount, in such manner as they
may deem most equitable, upon all tenements and premises supplied with
water; and where more than one tenant or water taker is supplied with water
from one hydrant, off the same pipe, and when the assessments therefor
shall not be paid when due, the board shall look directly to the owner of the
property for the entire rent, or so much thereof as remains unpaid for water
furnished said premises, to be collected in the same manner as other city
taxes, except that in cities of the first grade of the first class, the board of
administration may provide for assessing the cost and expenses of laying or
extending water-mains upon the lots or lands bounding or abutting upon the
streets, lanes, alleys, highways, market spaces, public landings and commons
in or along which such water-mains are laid or extended, by the foot front, or
according to the valuation of the same on the tax list, or according to the
benefits, as they shall determine. [90 v. 198; 86 v. 364; 84 v. 10; Rev. Stat.
1880; 71 v. 109, § 338.]
Repealed as to Cincinnati by ? (2411—1).
Repealed as to Columbus, see ? (2411—3).
The act of 1889, April 15 (86 v. 364), failed to repeal in express terms the act of 1887, February 1 (84 v.
10), which read as follows:
"SEC. 2411. [Collection of rent for expenses of water works: tenants; assessment of cost of laying mains in Cin-
cinnati.] For the purpose of paying the expenses or conducting and managing the water-works, the trustees
or board shall have power to assess and collect, from time to time, a water rent of sufficient amount, in such
manner as they may deem most equitable, upon all tenements and premises supplied with water; and
where more than one tenant or water taker is supplied with water from one hydrant, or off the same pipe, the
board shall look directly to the owner of the property for the entire rent for water furnished said premises, to
be collected in the same manner as other city taxes, except that in cities of the first grade of the first class,
the council shall, upon the recommendation of the board, provide for assessing the cost and expenses of lay-
ing or extending water mains upon the lots and lands bounding or abutting upon the streets, lanes, alleys,
highways, market spaces, public landings and commons in or along which such water mains are laid or
extended, by the foot front, or according to the valuation of the same on the tax-list, or according to benefits,
as they shall determine."
This act failed in its turn to repeal in express terms 2411 of the Revised Statutes, which was as follows:
"SEC. 2411. [Water-rent for expense of water-works; assessment for expense in certain cities.] For the purpose
of paying the expenses or conducting and managing the water-works, the trustees or board shall have power
to assess and collect, from time to time, a water-rent of sufficient amount, in such manner as they may deem
most couitable. upon all tenements and premises supplied with water, except that in cities of the first grade
1216
§ (2411-1).
WATER-WORKS.
Tit. XII, Div. 8, Ch. 1.
of the first class, the council shall, upon the recommendation of the board, provide for assessing the cost and
expenses of laying or extending water-mains upon the lots and lands bounding or abutting upon the streets,
lanes, alleys, highways, market-spaces, public landings, and commons in or along which such water-mains
are laid or extended, by the foot front, or according to the valuation of the same on the tax-list, or according
to benefits, as they shall determine." [71 v. 109, 2338; (S. & C. 1528).]
This is an assessment, rather than a tax, and if not paid the premises can be sold to pay it: Gallipolis v.
Trustees, 4 0. D. 101; 2 N. P. 161.
(2411-1) [Purposes for which water rents may be assessed and
collected in Cincinnati.] In cities of the first grade of the first class, for the
purpose of paying the expenses of conducting and managing the water works;
and to provide for paying the expenses of making all betterments, enlarge-
ments and improvements of the works, including the building of machinery,
buildings, tanks, towers, reservoirs, or any other water works appliances, or the
repair of the same, or of the extensions of the works and reservoirs, or any
additions thereto, or the laying, extending or enlarging of the water mains; and
to provide for the payment of the interest of any loan heretofore or hereafter
made for the purchase, lease, construction, improvement, betterment, enlarge-
ment or extension of any part of the water works system of such city, or for
the creation of a sinking fund for the liquidation of the debt heretofore or
hereafter made for any of these purposes; and to provide for the payment of
the interest and the creation of a sinking fund for the payment of any renewal
or extension bonds heretofore or hereafter issued, in lieu of water works bonds
which may have matured, or which may mature, and for the payment of
which no provision may have been made at the time of their maturity, and
notwithstanding ordinances authorizing such renewal or extension bonds may
provide for the payment of the interest and the creation of a sinking fund
therefor, by taxation; and to provide for the payment of the interest and the
creation of a sinking fund, for the payment of bonds heretofore or hereafter
issued, for water works purposes, or for the purpose of laying water mains, by
villages which have already been or which may hereafter be annexed to any
such city, and notwithstanding that such bonds may have been issued under
acts requiring the payment of the interest thereon, or the creation of a sink-
ing fund therefor, by taxation; and to provide for the payment of any con-
tract obligations hereafter entered into by the board, or any other authorized
board, hereinafter referred to with any person, company or corporation, their
successors or assigns, for the construction of water works, or additions, enlarge-
ments, improvements or extensions to the water works; and to provide for the
payment of any contract obligations hereafter entered into by the board here-
inafter referred to or any other authorized board, with any person, company or
corporation, their successors or assigns, for the lease of water works, or addi-
tions, enlargements, improvements or extensions to the water works; and to
provide for the payment of any land, turnpike, highway or franchise of any
description, or any easement or interest in any of the same, which may be
necessary at any time for the purpose of extending, enlarging or improving
the water works, or making additions thereto; the board having charge of the
water works of such city, shall have the power to assess and collect, from time
to time, a water rent of sufficient amount, in such manner as it deems most
equitable upon all tenements and premises supplied with water, and where
more than one tenant or water taker is supplied with water from one hydrant,
or off the same pipe, and when the assessments therefor shall not be paid when
due, the board shall look directly to the owner of the property for the entire
rent, or so much thereof as remains unpaid for water furnished said premises,
to be collected in the same manner as other city taxes. [92 v. 605.]
This law is valid: Alter v. Cincinnati, 56 O. S. 67; aff 'g 12 C. C. 119, 126; 5 O. D. 356.
(2411-2) [Non-applicability of certain acts.] That section 2411, as
amended April 18, 1893 (90 O. L., 198), and any and all other acts or parts
thereof in so far as the same are inconsistent with any of the provisions of
this act, shall not be applicable to cities of the first grade of the first class.
[92 v. 605.]
(2411-3) [Uniform water rates in Columbus.] In all cities of the
first grade of the second class the rates for water furnished by the water-works
1217
Tit. XII, Div. 8, Ch. 1.
WATER-WORKS.
§§ 2412-2417.
of said cities, shall be equal and uniform to all consumers, including the state
of Ohio, as nearly as the same can be estimated or measured by the one thou-
sand gallons, without discrimination either in measurement, price or terms of
payment except as provided in section 2417 of the Revised Statutes. [87 v.
280.]
SEC. 2412. [Disposition of surplus.] If there is any surplus, after pay-
ing the expenses of conducting and managing the water-works, the same may
be applied to the repairs, enlargement, or extension of the works, or of the res-
ervoirs, the payment of the interest of any loan made for their construction,
or for the creation of a sinking fund for the liquidation of the debt; and the
amount authorized to be levied and assessed for water-works purposes shall be
applied by the council to the creation of a sinking fund for the payment of
the indebtedness incurred for the construction and extension of water-works,
and for no other purpose whatever. [87 v. 4; 86 v. 299; Rev. Stat. 1880; 66
v. 206, § 339.]
SEC. 2413. [Monthly reports and weekly deposits.] The trustees or
board shall make monthly reports to the council of the receipts and disburse-
ments of money belonging to the water-works, and an annual report of the con-
dition of the same, which report the council may cause to be published in some
newspaper of general circulation in the corporation; and all money collected
for water-works purposes shall be deposited weekly, by the collectors thereof,
with the treasurer of the corporation, and one of the receipts therefor shall be
by such collectors deposited with the trustees, board, or authorized agent. [66 v.
206, § 340.]
SEC. 2414. [Money to be kept as a distinct fund.] Money so deposited
shall be kept as a separate and distinct fund, subject to the order of the trustees
or board; and all orders drawn by the trustees or board, on the treasurer of the
corporation, shall be signed by one of the trustees or board, and countersigned
by the clerk of the water-works, or of the board of public works. [66 v. 206,
$341.]
The treasurer of the city or village is required, under this section, to disburse the water-works funds
in accordance with 2413, up n orders drawn by the board of trustees, and signed by one of the trustees,
and countersigned by the cleri. of the water-works. Such an order must show upon its face that it is the order
of the trustees: Trustees, etc... Corzilius, 35 O. S. 69.
Money raised by the sale of bonds is to be paid on the order of the trustees: State v. Griffin, 4 C. C. 156.
SEC. 2415. [Trustees or board may make contracts, etc.] The trus-
ees or board shall be authorized to make contracts for the building of machinery,
water-works, buildings, reservoirs, and the enlargement and repair thereof, and
the manufacture and laying down of pipe, and the furnishing and supplying
with connections all necessary fire hydrants for fire department purposes, and
keeping the same in repair, and for all other necessary purposes to the full and
efficient management and construction of water-works. [70 v. 11, §342.]
See note under ? 2419.
SEC. 2416. [Annual investigation.] The council of any corporation, i
in which water-works are situated, or in progress of construction, shall be
authorized to appoint a committee for the investigation of all books and papers,
together with all matters pertaining to the management of the water-works,
at least once a year, and oftener, if necessary, by reason of any neglect of duty,
or malfeasance on the part of any officer of the works, and any officer of the
works, found by such committee so offending, shall be liable to removal from
office by the council. [66 v. 206 (207), § 343; (S. & C. 1529).]
SEC. 2417. [No charge for water to extinguish fires.] No charge shal!
be made by the trustees or board for supplying water for extinguishing fires or
cleaning fire apparatus, or for furnishing and supplying connections and fire
hydrants, and keeping the same in repair, for fire department purposes, or the
cleaning of market-houses, or for the use of public school buildings, or for the
78
1218
§§ 2417a-2419.
WATER WORKS.
Tit. XII, Div. 8, Ch. 1.
use of any public buildings belonging to the corporation, or for any hospital,
asylum, or other charitable institution devoted to the relief of the poor, the
aged, infirm, or destitute persons, or orphan children, and in cities of the first
grade of the first class the board of city commissioners may, when it deems
expedient, supply water without charge to any zoological garden in or near
such cities, so long as the company or association owning such garden pays no
dividend to its stockholders; but any member of such board may at any time
enter such garden and examine into any waste or unnecessary use of the
water, and the board may, at any time, revoke the grant of such free use of
water. [70 v. 11, § 344; 76 v. 84, § 1; (S. & C. 1529).]
Is constitutional and applies to state institutions as well as those of the city: Gallipolis v. Trustees, 4 (
D. 101; 2 N. P. 161.
SEC. 2417a. [Water rates for public departments and charitable in-
stitutions in Cincinnati.] In cities of the first grade of the first class no
charge shall be made by the trustees or board of administration having charge
of the water-works, for supplying water for extinguishing fires; but for all
other purposes, such as cleaning fire apparatus or the cleaning of market
houses, or for the use of any public buildings belonging to the corporation, or
for the purposes of public school-buildings, the said trustees or board of ad
ministration shall have the power to charge a rate not to exceed the rate
charged to private consumers, and which shall be paid by each of the depart-
ments having charge and control of such buildings or public places, from the
funds set apart for the purpose of such department, or in the case of school-
buildings, by the board of education of the school district in which such cities
may be located; and said board of admistration or trustees shall furnish
water for the use of hospitals, asylums or other charitable institutions devoted
to the relief of the poor or aged, infirm or destitute persons, or orphan children,
at the same rates charged to private consumers; but said board shall have the
power and authority to rebate or discount the bills of such institutions for
water so used by them, to the extent of 75 per cent. of the amount of such
bills. [90 v. 197.]
SEC. 2418. [Protection of attachments, etc.] Attachments of what-
ever nature made to the water-pipes, or other fixtures belonging to the water-
works, and intended for public use, shall be subject to the same supervision,
rules, and regulations, as are made for the protection of water-works against
abuse, destruction, and inordinate or unnecessary use or waste of water, or the
trustees may make general or special rules and regulations for such purpose.
[66 v. 207, § 345.]
SEC. 2419. [Rules as to contracts.] The trustees or board, before
entering into any contract for work to be done, the estimated cost of which
exceeds five hundred dollars, shall cause at least two weeks' notice to be given,
in one or more daily newspapers of general circulation in the corporation, that
proposals will be received by the trustees, for the performing of the work speci-
fied in such notice; and the trustees shall contract with the lowest bidder, if in
| their opinion he can be depended on to do the work with ability, promptness,
and fidelity; and if such be not the case, the trustees may award the contract
to the next lowest bidder, or decline to contract, and advertise again. [66 v.
207, §346; (S. & C. 1529).]
Right to reject the bid of a person who can not be depended upon: State v. St. Bernard, 10 C. C. 74.
Section (1545-77) does not prevent council from proceeding under this section: McClain ". McKisson, 15
C. C. 517: aff'd by Supreme Court, without report, 35 Bull 295.
Council under this section can, in case the lowest bidder, in their opinion, cannot do the work with
ability, promptness and fidelity, award to the next lowest bidder or decline to contract: McClain v. McKisson
et al., 15 C. C. 517.
See note to same case under ? (1545-77).
1
1219
Tit. XII, Div. 8, Ch. 1.
WATER-WORKS.
§§ 2420-2423.
SEC. 2420. [Contractors must give bond, etc.] The trustees or board,
shall require bond to be given, with good and sufficient security, for the faith-
ful performance of the work; but no member of the board of trustees, or pub-
lic works, shall be such security; nor shall any trustee, or member of the
board of public works, be a contractor, or in any wise, either directly or
indirectly, interested in any such work to be contracted for; provided, that in
case of emergency, council may, by a vote of two-thirds of all the members
elected, authorize the trustees or board to enter into such contracts without
advertising. [66 v. 207, § 347; (S. & C. 1530).]
SEC. 2421. [Extension of aqueducts, etc., beyond corporation limits;
mains and water-pipes extended, at expense of individuals, under super-
vision of water works officer.] The trustees or board or council of any corpora-
tion owning water-works, may, on the written request of any number of citizens
living outside of the limits thereof, extend, construct, lay down and maintain
aqueduct and water-pipes to any distance outside the corporation limits, not
exceeding four miles, and for this purpose shall have the right to make use of
such of the public streets, roads, alleys and public grounds as may be necessary
therefor. And when any person or persons, at his or their expense have here-
tofore or may hereafter lay down and extend any mains and water-pipes beyond
the limits of such corporation, as herein provided, and such corporation has, by
resolution of its trustees of water-works, council, board of control or adminis-
tration, or city commissioners, or either of them, authorized its superintendent,
or other officer of the water-works, to superintend or supervise the laying and ex-
tension of such mains and water-pipes, such corporation is hereby authorized
and required to furnish water to the residents and property holders on the line.
of such mains and water-pipes, but subject to the same rules and regulations
except as to rates, which shall not exceed those charged within the corporation
by more than one-tenth thereof, that such corporation furnishes water to its
own.citizens; and all ordinances except those relative to taxation or assessment,
resolutions, rules and regulations relative to the construction, maintenance
and operation of water-works, mains, hydrants, service-pipes and connections,
and the protection thereof, now in force and operation on the municipality, or
which may hereafter be passed and adopted, shall operate in like manner in
the territory outside of the municipality when such extension has been made,
and for the enforcement of the same the jurisdiction of the mayor and police
shall extend into and over said territory. Said corporation shall take full
charge and control of said mains and water-pipes, keep the same in repair at
its own expense, and in the event of annexation to the corporation of the
territory wherein such mains and water-pipes have been laid, such corporation
shall pay to such person or persons a just compensation therefor, and
shall thereupon become the owner thereof. [90 v. 35; 66 v. 207, § 348; (S. & S.
866).]
SEC. 2422. [Construction and regulation thereof.] Such aqueducts
and pipes shall be so constructed and laid as not to interfere, unnecessarily
with the use of such streets, roads, alleys and public grounds, as public high-
ways, and public grounds; and the corporation so extending and establishing
any part of its water-works outside of its limits, shall have the same power and
jurisdiction to prevent or punish any pollution of, or injury to, the water so
conveyed, or any injury to the works, or any portion thereof, as they may have
within the limits of the corporation. [66 v. 208, § 349.]
SEC. 2423. [Water-works in contiguous cities or villages.] Any city
or village owning water-works, whose territory is contiguous to that of another
city or village, may, with the assent of such other city or village, establish and
maintain such portion of its water-works, as it deems advisable, within the
limits of such other city or village, and shall have the right to make use of such
1220
§§ 2424-2429.
WATER-WORKS.
Tit. XII, Div. 8, Ch. 1.
of the public streets, alleys, and public grounds of such other city or village as
shall be necessary, for the purpose of constructing, laying down, and maintain-
ing all such aqueducts and water-pipes as shall be required in connection
with such water-works, for the conveyance of water along and across such
streets, alleys, and public grounds. [66 v. 208, § 350; (S. & C. 1538).]
SEC. 2424. [Construction and regulation thereof.] Such aqueducts
and pipes shall be so constructed and laid as not to interfere, unnecessarily,
with the use of such streets, alleys, and public grounds, as public highways
and public grounds; and the city or village so establishing any part of its
water-works within the limits of such other city or village shall have jurisdic-
tion to prevent or punish any pollution of, or injury to the water so conveyed,
or of the stream or source from which the same is obtained, or any injury to
any portion of the water-works so located within the limits of such other city
or village. [66 v. 203 (208), § 351; (S. & C. 1538).]
SEC. 2425. [Authority to supply contiguous cities or villages with
water.] Any city or village which has established, or hereafter establishes
water-works, may enter into a contract with any contiguous city or village for
the supply of the latter with water, upon such terms as shall be mutually
agreed upon by the councils of the respective municipal corporations; and any
city or village which has water-works, is hereby authorized and empowered to
dispose of any surplus water, for manufacturing or other purposes, by lease or
otherwise, upon such terms as may be agreed upon by the board of trustees of
the water-works, or public works, and approved by the council of such city or
village; and all moneys received for such surplus water, shall be applied to the
payment of the principal and interest of the bonds issued for the construction
of such water-works, or other expenses incident to the maintenance of the
water-works; provided, that no lease shall be made for a longer term than twenty
years. [69 v. 25, § 352; (S. & C. 1539).]
SEC. 2426. [Cost thereof, how raised.] The amount to be paid for
such supply, shall be raised by such city or village in the manner provided for
the payment of the expense of conducting and managing water-works con-
structed wholly by a city or village; and the amount so received by the city or
village furnishing such supply, shall be applied to the payment of the interest
on the sum borrowed for the construction of such water-works, or to defray the
expense of their management, as the board of trustees for water-works, or board
of public works, shall direct. [66 v. 208, § 353.]
SEC. 2427. [Works to be joint property.] Upon the annexation of one
municipal corporation to another, the water-works theretofore constructed by
either, shall thereby become the joint property of the united corporation, and
shall thereafter be managed by the board of trustees of the corporation to which
such annexation is made, or board of public works, as the case may be. [66 v.
208, § 354; (S. & C. 1539).]
SEC. 2428. [Termination of contract upon annexation, etc.] Any con-
tract entered into by one municipal corporation for the supply of water to the
other, as herein before provided, shall be terminated by such annexation; and
so much of the debt incurred by either, in the construction of water-works, as
remains unpaid, shall thereafter be a charge upon the united corporation, to
the same extent that the separate debt of either, incurred as aforesaid, was,
before such union, a charge upon the corporation which constructed the same.
[66 v. 209, § 355; (S. & C. 1539).]
SEC. 2429. [Tax for payment of certain interest.] For the purpose of
paying the interest on the money borrowed for the erection and completion of
water-works, during the erection and completion thereof, and before they shall
have been put in operation, a tax of sufficient amount shall be assessed and
collected, each and every year, in the usual manner of levying and collecting
1221
Tit. XII, Div. 8, Ch. 1.
WATER-WORKS.
§§ 2430-2334.
taxes in the corporation upon all the taxable property thereof. [66 v. 209, § 356;
(S. & C. 1527).]
SEC. 2430. [Tax for payment of interest on loans; Toledo.] For the
purpose of paying the interest on any loan which any city or village may here-
tofore have made, or may hereafter make, for the erection or extension of water-
works, and after they shall have been put in operation, and for the building
of machinery, a tax of sufficient amount may be assessed and collected, in
addition to the amount now authorized by law, by the common council, in
each year, upon all the taxable property, both real and personal, in said city or
village; provided that in cities of the third grade of the first class one-fourth
of the annual interest upon any such loan or loans shall be considered and
treated as expenses of operation, and shall be paid from the revenues derived
from such water-works, and a tax shall be levied for only three-fourths of said
interest. [90 v. 326; 88 v. 153; 66 v. 209, § 357.]
Creation of gas works sinking fund by municipalities for redemption of gas or water
works bonds, see ? 2491f.
After water-works have been completed and put in operation, real estate situate within a municipal cor-
poration, but not "adjoining, abutting or bounding upon any street, etc., through which water-pipe has been
laid," is not subject to assessment for the purpose of paying interest on any loan made for the erection or
extension of water-works: Wheeler v. City of Zanesville, 3 C. Č. 596.
SEC. 2431. [Tax a lien upon property.] The tax, when levied and
assessed, shall be a lien upon the property upon which the same is levied, and
a charge against the owners thereof, and shall be certified to the auditor of the
county, and placed upon the tax-list in a separate column thereof, and collected
as other taxes; and the same shall be paid to, and be under the control of, the
trustees of the water-works, or board of public works, as the case may be.
[66 v. 209, § 358.]
SEC. 2432. [Laying pipes in highway.] The council, or the board of
administration in cities of the first grade of the first class, may prescribe, by
ordinance, or said board of administration may provide by resolution for the
laying down of water-pipes in all highways about to be paved, macadamized
or otherwise permanently improved, and for the assessment of the cost and
expense thereof upon the lots or parcels of land adjoining or abutting upon
the highways in which the same are laid; but in no case, except as a sanitary
measure, shall the council require any house connections to be built further
from the main pipe than the outer line of the curbstone. [90 v. 198; 66 v. 209,
§ 359.)
SEC. 2433. [Criminal jurisdiction: territorial limits.] The jurisdiction
of any corporation owning water-works, to prevent or punish any pollution of
the water, shall extend ten miles beyond the corporation limits. [66 v. 209,
$360.]
SEC. 2434. [Municipalities, except cities of the first grade, first class,
empowered to contract for a water supply; contract to be submitted to a
vote of electors.] Any municipal corporation, except cities of the first grade
of the first class shall have power to contract with any individual or indi-
viduals, or any other incorporated company for supplying water for fire pur-
poses, or for cisterns, reservoirs, streets, squares, and other public places within
the corporate limits, or for the purpose of supplying the citizens of such
municipal corporation with water for such time, and upon such terms as may
be agreed upon. Provided, that no such contract shall be executed or binding
upon any such municipal corporation until the same shall have been ratified by
a vote of the electors thereof, at a special or general election, and such munici-
pal corporation shall have the same power to protect any such water supply
and prevent the pollution thereof as though such water-works were owned by
said municipal corporation. [1885, January 29: 82 v. 11; 80 v. 71; 78 v. 42;
Rev. Stat. 1880; 71 v. 93, § 54.]
This does not give the company the city's right of eminent domain: State v. Salem Water Co., 5 C. C. 58.
1222
$2435.
WATER-WORKS.
Tit. XII, Div. 8, Ch. 1.
SEC. 2435. [Limitation in creating debts.] Except as otherwise pro-
vided in this title, the board of public works, in cities of the first grade of the
first class shall not hereafter be permitted to create any debt for the prosecu-
tion of work upon the water-works, beyond the yearly net income of the water-
works, nor make any contract in any year that can not be met and paid from
the income of the water-works for the year; and all debts created in violation
of these provisions shall be absolutely void; nor shall the council create any
debt, or borrow any money for the use of the water-works, except as authorized
in this title. [72 v. 87, §3.]
CINCINNATI.
This act repeals the act in 89 v. 209 which failed to carry at the election provided for
therein.
The act is constitutional: Ampt v. Cincinnati, 12 C. C. 119; 5 O. D. 356; affirmed, with exception of Sec-
8, which was declared unconstitutional as: Alter v. Cin., 56 O. S. 47.
(2435-1) SEC. 1. [Water-works commission for Cincinnati.] When-
ever in any city of the first grade of the first class, the board of administra-
tion if there be one, and if not, the board having charge of the water supply
of such city shall, by a resolution passed by a majority of the members there-
of, declare that it is necessary to provide water works for such city, if there be
no existing water works, or shall declare that a material enlargement, exten-
sion, improvement or addition to the existing water works of such city is re-
quired, if there be existing water works of such city, it shall certify such reso-
lution to the governor of the state, and thereupon it shall be his duty to
appoint a board of trustees to be known as the "commissioners of water
works," composed of five citizens, residents of such city, not more than three
of whom shall belong to the same political party. All vacancies in the office
of commissioner shall be filled in the same manner as the original appoint-
ment, but so that not more three of such commissioners, when such vacancy
shall have been filled, shall belong to the same political party. [92 v. 606.]
Under the former act the board of administration could employ engineers to investigate the needs and
submit plans: Cincinnati v. Cincinnati, 5 O. D. 372; 11 C. C. 309.
(2435-2) SEC. 2. [Bond; salary; must not be interested in con-
tracts made by board.] Each of said commissioners shall enter into bond
to the city, with at least three sureties to the satisfaction of the mayor as to
the sufficiency, and of the corporation counsel as to form, in the sum of one
hundred thousand ($100,000) dollars, conditioned for the faithful discharge
of his duties; and the bond so taken shall be deposited with the treasurer of
the city for safe keeping. Each of said commissioners shall receive as com-
pensation for his services, four thousand ($4,000) dollars per annum, which
shall be paid out of the fund hereinafter created, or by the contracting parties.
hereinafter provided for. No commissioner, or person holding appointment
under said commissioners, shall be interested directly or indirectly, in any
contract entered into under the provisions of this act. Any commissioner
may be removed for misfeasance, malfeasance, or nonfeasance in the manner
provided for the removal of certain officers in chapter 3, division 4, of title 12,
of the Revised Statutes of Ohio, and the acts that may be passed amendatory
and supplementary thereto. [92 v. 606.]
(2435-3) SEC. 3. [Apportionment; duties.] The governor may
appoint as one of the said five commissioners, a member of the board of ad-
ministration of such city; if there be such a board and if such appointment
be made, such commissioner shall give the same bond as required by section 2
[$(2435-2)] of this act, and shall receive as compensation the sum of two
thousand ($2,000) dollars per annum. The duties imposed upon such com-
missioner and the compensation paid to such commissioner, shall be in addi-
tion to the duties and compensation of such commissioner as a member of said
1223
Tit. XII, Div. 8, Ch. 1.
WATER-WORKS.
§ (2435-4).
board of administration; and the duties of such commissioner, as a member
of the board of administration, as provided by law, shall not be construed as
being in conflict with the duties of such commissioner, under the provisions
of this act. [92 v. 606.]
(2435-4) SEC. 4. [Organization.] Said commissioners shall form a
board, and shall choose one of their number president, and a majority of said
board shall constitute a quorum to transact business. Said board shall hold
regular meetings at such times and places as it may agree upon, and special
meetings under such regulations as it may prescribe; and shall cause to be
kept a full and accurate account of its entire proceedings, including an account
of its receipts and expenditures, if any, and make a report of such receipts
and expenditures, annually to the mayor and board of legislation of such city.
[92 v. 606.]
(2435-5) SEC. 5. [Commissioners to take up plans, surveys, etc.]
Said commissioners are authorized to take up and consider the surveys, plans
and specifications, if any, theretofore made or devised for water supply, and
they may cause such additional investigations, surveys, plans and specifica-
tions to be made, as they may deem necessary, and after consideration thereof,
they may adopt definite plans and specifications providing for the construction
of such works, if there be none existing, or for an enlargement, extension, im-
provement or addition to existing water works, either within or without the
limits of the city or state, including reservoirs, buildings, tunnels, pumping
engines and machinery of all kinds, pipes, and other fixtures, appliances or
facilities, as, in their opinion, are necessary to secure an abundant supply of
pure and wholesome water; and said commissioners may also determine the
location of any of such enlargements, extensions, improvements or additions.
[92 v. 606.]
(2435-6) SEC. 6. [Purchase or condemnation.] Said commission-
ers are authorized to acquire by purchase or by the proceedings hereinafter
mentioned, on behalf of such city, all real and personal property and fran-
chises necessary for the proper construction of water works, if there be none
existing, and for the enlargement, en tension, improvement, or addition to
existing water works; and whenever, for such construction or the completion of
any part or parts of such enlargements, extensions, improvements or additions,
it shall be necessary to use or occupy any street or other public way, space,
park or ground, or any part thereof, belonging to such city, or to cross any
stream under the control of the state, said commissioners may take and use or
occupy the same on behalf of the city for such purposes; and whenever it shall
be necessary, in the opinion of said commissioners, to appropriate any land,
turnpike, highway or franchise of any description, or any easement or interest
in any of the same, in order to carry out the purposes set forth in this act,
either within or without the limits of such city, or, whenever, for like reason,
it shall be necessary, in the opinion of said commissioners, to appropriate land
for the foundations or abutments of piers across any stream within this state,
said commissioners are authorized to commence and conduct, in the name of
such city, proceedings therefor, under and according to chapter 3, division 7,
title 12, of the Revised Statutes, and the acts amendatory and supplementary
thereto, and no concurrent action of any board or officer shall be necessary;
and all the powers with respect to such proceedings that are now vested in any
other board or officer, shall be vested also in and may be exercised by said
commissioners. [92 v. 606.]
(2435-7) SEC. 7. [As to making of contracts.] Said commission-
ers, in constructing such works, or such enlargements, extensions, improve-
ments or additions, shall also have power and authority and be governed in
respect of contracts as follows:
1224
§ (2435-7).
WATER-WORKS.
Tit. XII, Div. 8, Ch. 1..
First-To make contracts, employ such superintendents, engineers, clerks,
laborers and other employes, as they may deem necessary, and to fix their
compensation; and any of such persons may be removed by a majority of said
commissioners at any time. No contract which said commissioners shall enter
into, or modification thereof, shall be valid until assented to at a regular or
special meeting and concurred in by a majority of all the members, and such.
assent entered on the minutes of their proceedings.
Second-No money shall be expended on account of plans, specifications,
drawings, construction or equipment of the water works herein provided for,
or any other expense connected therewith, unless first authorized by said com-
missioners, and upon vouchers, signed by their president and clerk, upon the
auditor, or other auditing officer, if there be no auditor of such city, to be paid
by the treasurer of such city, upon the warrant of the auditor or other audit-
ing officer, if there be no auditor, out of the funds hereinafter provided. Said
commissioners shall, before entering into any contract, cause plans and specifi-
cations, detailed drawings and forms of bids to be prepared, and careful esti-
mate of cost to be made; and when adopted by them, they may, in their dis-
cretion, cause the plans and drawings to be multiplied and printed, by photo-
graphing, lithograping or other suitable process, and the specifications and
forms of bids, contracts and bonds to be prepared, and have the same printed
for distribution among the bidders.
Third-All contracts shall be made in writing, in the name of such city-
and signed by the president and clerk of said commissioners and by the con-
tractor. Whenever it becomes necessary in the opinion of said commissioners,
in the prosecution of said work, to make alterations or modifications in any
contract, such alterations or modifications shall only be made by order of the
commissioners; and such order shall be of no effect until the price to be paid
for the work or materials, under such altered or modified contract, has been
agreed upon in writing, and signed by the contractor and a majority of the
members of said commissioners; and no contractor shall be allowed or recover
anything for work or materials, caused by any alteration or modification, un--
less an order is made or agreement signed as aforesaid; nor shall he in any
case be allowed or recover more for such work and materials than said agreed
price; and if, when the commissioners have ordered an alteration or modifica-
tion of contract, the contractor and the commissioners can not agree upon the
price to be paid for work or materials, under such altered or modified contract,
they shall submit the matter to arbitration, the commissioners choosing one
arbitrator and the contractor one, and these two a third; and the award of
such arbitrators, or a majority of them, as to the price to be paid, shall be
made in writing and entered on the minutes of said commissioners, and when
so entered shall be binding on both parties.
Fourth-If a contract, agreement or order, made or authorized by said com-
missioners be found to violate any of the provisions of this act, it shall at
once become void and of no effect; and no money shall be paid or recovered for
service rendered or materials furnished thereunder.
Fifth-Said commissioners shall not enter into any contract for work in
the construction and completion of said water works system, without first
causing thirty days' notice to be given in one or more newspapers of general
circulation in such city, that sealed proposals will be received for doing the
work or furnishing the materials, provided that said commissioners may pro-
cure plans therefor in the manner indicated in section 5 [§(2435—5)] of this
act, and shall not be required to advertise for bids for making or printing the
drawings, specifications and forms of bids, contracts and bonds.
Sixth-In all cases of competitive bidding, whether in the construction or
completion of, or furnishing equipments for such water works system, no
1225
Tit. XII, Div. 8, Ch. 1.
WATER-WORKS.
§ (2435—7).
bid shall be received or considered by said commissioners which covers a
patented material, process or device, until the person who owns or controls the
patent or has a contract for the exclusive use of such patented material, process
or device, has entered into a written agreement with the said commissioners for
the benefit of all bidders, whereby the lowest price shall be fixed at which the
owner of such patent, or patented articles will furnish to said commissioners,
or which he will furnish to all bidders such patented material, process or device.
Seventh-All bids shall be enclosed in a sealed envelope and deposited
with the clerk of said commissioners; and such sealed envelopes shall have
endorsed thereon the nature of the same and the name of the bidder; and all
bids shall be opened at a regular meeting of the commissioners, and at an
hour to be indicated in said notice. Each bid shall be accompanied with a
bond in a sum to be fixed by said commissioners, signed by sufficient sureties,
for the acceptance of the contract, if awarded by the commissioners; or the
bidder may deposit with the commissioners, in lieu of such bond, a certified
check or bank certificate of deposit, payable to the order of said commissioners;
or cash equal in amount to the bond as above required; and, in case of refusal
by the bidder to whom the award is made to enter into contract according to
his bid, within such reasonable time, as the commissioners may determine, said
bond shall be put in suit, and the amount collected paid into the fund here-
inafter provided; or, if a check, or certificate of deposit, or cash is deposited,
the amount shall be immediately paid into such fund.
Eighth-Said commissioners shall enter into contract with the lowest and
best bidder, upon his giving bond to such city, with sureties as the commis-
sioners shall approve, that he will perform the work and furnish the materials
in accordance with his contract, and that the sureties agree in advance to such
modifications and alterations as may be made by said commissioners and the
contractor, within the limits of the penal sum mentioned in the bond; and
on the failure of such bidder, within a reasonable time, to be fixed by the
commissioners, to enter into bond with the sureties before provided, a contract
may be made with the next lowest and best bidder, and so on, until a contract
is effected with a contractor giving bond as aforesaid; provided, that the com-
missioners may let the work in whole or in parts, and may receive bids for
labor and material separately, as it may deem best, and may reject any and
all bids. Should a contractor fail, from any cause, to complete the work con-
tracted for by him, said commissioners shall relet the unfinished part of said
work or complete the same by days' work or otherwise, as may be for the best
interests of the city in the judgment of said commissioners, and shall charge
the cost of completion to the contractor. [92 v. 606.]
(2435-8) SEC. 8. [If inexpedient to proceed under section seven
then board may contract with any person, etc., for construction, etc., of
works.] [92 v. 606.]
Unconstitutional, for it empowers union of city property with enlargements to be built and owned by
others and leased to the city, and conveyance by the city of property to such others: Alter v. Cincinnati, 56
O. S. 47.
(2435-9) SEC. 9. [Expenses.] All expenses that may be incurred by
said commissioners up to the time that any contract may be entered into as pro-
vided by [in] section 8 [§(2435-8)] of this act or until the issue and sale of any
bonds hereinafter provided for may have been consummated, shall be paid out
of the water works fund of such city, by the board having charge of the water
supply of such city, upon vouchers drawn and approved by said board, but all
such sums so paid shall be reimbursed to the said water works fund, either by
the contracting parties herein before mentioned, or out of the proceeds of the
sale of bonds hereinafter provided for. [92 v. 606.]
(2435-10) SEC. 10. [Fund for payment.] To provide a fund to pay
the cost and expenses contemplated by this act, the said commissioners are
1226
§ (2435—11).
WATER-WORKS.
Tit. XII, Div. 8, Ch. 1.
hereby authorized to borrow, from time to time, as money may be needed, in
behalf of such city, an amount not to exceed six million five hundred thousand
($6,500,000) dollars, and to issue bonds therefor in the name of such city, under
the corporate seal thereof. Such bonds shall be designated "water works
bonds" of such city, shall be signed by the president of said commissioners of
water works, and attested by the auditor of the city, or other auditing officer, if
there be no auditor, and shall bear such interest, not exceeding four per centum
per annum, and be payable at such times and places, and in such amounts as said
commissioners may determine. Said bonds shall be sold, as provided by law,
and as a security therefor, upon the sale thereof, a lien shall arise in favor of
the bond-holders upon the water works property then owned and thereafter
acquired by such city, except as hereinafter provided for, and upon the net in-
come of the water works, and said bonds shall be further secured by a pledge
of the faith and credit of such city. [92 v. 606.]
The
(2435-11) SEC. 11. ["Water-works improvement fund."]
moneys arising from the sale of said bonds shall be deposited with the city
treasurer as a fund to the credit of said commissioners of the water works, and
shall be called the "water works improvement fund"; and of this fund said
commissioners shall be the sole trustees and shall have full control and dis-
bursement of the same. No part of said fund shall be diverted to any other
use or purpose than that specified in this act. All warrants drawn upon the
auditor or other auditing officer, if there be no auditor, for payment out of
said fund, shall designate on their face, "for reimbursement "(as provided for
in section 9), [$(2435-9)] "for plans," "for specifications," "for construc
tion," "for equipment," according as they are drawn for the one purpose or
the other, and a careful account of the condition of said fund shall be sepa-
rately kept by the auditor of said city, or other auditing officer, if there be no
auditor. [92 v. 606.]
(2435—12) SEC. 12. [When works completed management surren-
dered by commissioners.] Whenever the water works or the enlargement,
extension, improvement or addition to existing water works are completed as
contemplated under section 7 [$(2435-7)] of this act, control of the same shall
be surrendered by said commissioners to the board having charge of the water
supply of such city; provided, that whenever in the judgment of said commis-
sioners any portion of such improvement is completed so that the same can be
surrendered without impeding or embarrassing other portions of said improve-
ments, the same may be surrendered to the board having charge of the water
supply of such city. [92 v. 606.]
(2435-13) SEC. 13. [Property not needed may be sold.] Whenever
any property, both real and personal, occupied and used for water works pur-
poses in such city, shall not be required for such purposes, by reason of the
enlargement, extension, improvement or addition as herein provided for, the
board having charge of the water supply of such city shall have power, after
giving thirty days' notice by advertisement in one or more newspapers of gen-
eral circulation in such city, to sell the same on sealed proposals, to the high-
est and best bidder therefor. And the lien herein before created for the security
of the bonds herein before authorized shall be transferred to the proceeds arising
from the sale of such property; and such proceeds shall be placed to the credit
of the sinking fund hereinafter provided, for the final redemption of the bonds
issued under the provisions of this act. [92 v. 606.]
(2435-14) SEC. 14. [Unexpended funds shall be placed to credit of
sinking fund.] Upon the completion of any water works, or the enlargement,
extension, improvement or addition provided for in this act, whether the same
be under section 7 [§(2435—7)] or section 8 [§(2435—8)] thereof, the term of
office of the commissioners and the employment of their several employes
shall cease, and any unexpended funds shall be placed and kept to the credit.
1227
Tit. XII, Div. 8, Ch. 1.
WATER-WORKS.
(2435-15).
of the sinking fund provided for by this act; and thereupon, the control and
management of said water-works, if constructed under section 7, [§(2435--7)]
shall pass to and vest in the board having charge of the water supply in such
city, and the obligations entered into by said commissioners under section 8,
[$(2435-8)] if any, shall be assumed and performed by the said board having
charge of the water supply, the expense thereof to be paid out of the revenues
of the water department after assuming control of the works herein provided
for. The board having charge of such water works shall not thereafter be per-
mitted to create any debt or liability for any of the purposes for which they
are authorized to assess water rents, including all obligations incurred under
the provisions of this act, that cannot be met and paid from the income of the
water works department for that year; and all debts created in violation of this
provision shall be absolutely void; nor shall the board of legislation create any
debt or borrow any money for the use of the water works of such cities. [92
v. 606.]
(2435-15) SEC. 15. [Interest on bonds.] The interest becoming due
on the bonds which may be issued under the provisions of section 10 [§(2435-10)]
of this act, shall be paid pending the construction of said works out of
the proceeds of the sale of such bonds, unless the board having charge of the
water supply of such city, agrees to assume the same or any portion thereof,
during the construction of such works, out of the proceeds of the revenues of
the water department, and in that case such board shall be permitted to do so.
The interest becoming due on the bonds which may be issued under the pro-
visions of section 10 [$(2435-10)] of this act, after the completion of the work
herein authorized, and after the control of the same has been surrendered to
the board having charge of the water supply of such city, shall be paid by
such board each year out of the revenues of the water department. [92 v. 606.]
(2435-16) SEC. 16. [Bonds.] For the purpose of providing a sink-
ing fund for the final redemption of any bonds which may be issued under
section 10 [§(2435—10)] of this act, the board having charge and control of the
operations of the water-works of such city, and the collection of the revenue
therefrom, shall make semi-annual payments from the net revenues of such
water works to the sinking fund, commencing the sixth year after the appoint-
ment of the commissioners provided for in section one [§(2435—1)] of this act,
of not less than seventy-five thousand ($75,000) dollars per annum, until said
bonds are paid, or an adequate fund provided for the final redemption of
the same; and said yearly sums, together with their earnings and other pay-
ments hereinafter provided for, shall be invested in accordance with law by
the sinking fund trustees of such city; or if there be no trustees of the sink-
ing fund, then by the board or officer or officers having charge of the sinking
fund of such city, solely for the benefit of the sinking fund for the final re-
demption of said bonds. [92 v. 609.]
(2435-17) SEC. 17. [No member individually liable.] No member
of said commissioners shall be individually responsible to any contractor or
employe upon any contract or employment made in pursuance of this act,
nor to any person upon any claim occasioned by any act or default of any per-
son contracted with or employed in pursuance of this act. [92 v. 606.]
(2435-18) SEC. 18. [Non-applicability of certain sections.] The
provisions, restrictions and limitations of sections 2690h, 2690i, 2690j, 2699
and 2702 of the Revised Statutes shall not apply to the commissioners appoint-
ed under this act, in the prosecution of the work, or the contracts herein pro-
vided for. [92 v. 606.]
Cincinnati may issue water-works bonds, see 88 v. 56.
1228
WATER-WORKS.
Tit. XII, Div. 8, Ch. 1.
§ (2435—19).
SPRINGFIELD.
(2435-19) SEC. 1. [Council may issue bonds to construct water-
works.] The council of any city of the third grade, of the second class, hav-
ing a population exceeding seventeen thousand, in which water-works have not
been constructed, having ordered the construction of water-works, and a board
of trustees having been elected therefor, are hereby authorized, for the purpose
of providing the means to pay the costs and expenses of constructing the
water-works, and of making enlargements and extensions thereof and changes
therein, to issue the bonds of the city for any amount not exceeding in the
aggregate for all of said purposes, four hundred thousand dollars, which bonds
may be made to run for any length of time and not exceeding thirty years, at
a rate of interest not exceeding six per cent. per annum, payable semi-annually,
to be negotiated in the manner now provided by section two thousand seven
hundred and nine of the revised statutes of Ohio, the proceeds thereof to be
applied exclusively to the payment of said costs and expenses. [1881, March
1: 78 v. 41; 78 v. 11.]
(2435-20) SEC. 2. [During erection, tax to be levied to pay interest.]
During the erection and completion of such water-works and until they are put
in operation, the council of such city shall annually assess and levy upon the
entire taxable property of the corporation a tax sufficient to pay the accruing
interest on all bonds issued in pursuance of this act. [78 v. 11.]
(2435-21) SEC. 3. [When trustees of water-works to report to coun-
cil; receipts from water-works, how applied.] The trustees of such water-
works shall, on the second Monday in May, annually, make a report to coun-
cil on the condition of the water-works, and after the same shall have been put
in operation, shall include in every such report an estimate prepared by them
of the amount of money which in addition to the balance, if any, to their credit
then in the treasury, will be sufficient to discharge their then existing indebt-
edness, and to defray the necessary costs and expenses of managing, conduct-
ing, and repairing the water-works during the next succeeding year, which esti-
mate shall be forthwith certified by the clerk of such city to the corporation
treasurer; and for the purpose of paying the costs and expenses in this section
named, the receipts from the water-works when paid into the treasury may be
drawn upon by the trustees in the manner now prescribed by section two thou-
sand four hundred and fourteen of said revised statutes, but for no other purpose
whatever, and the entire amount so drawn by them during any one year next
succeeding the second Monday in May shall not exceed the amount of their last
preceding estimate included in their report as aforesaid and the balance, if any,
to their credit in the treasury at the date of such estimat; provided, that no
contract or agreement entered into or obligation incurred or expenditure.
authorized by the trustees for and on account of the management, conduct, or
repair of the water-works, shall be binding upon any such city except as being
payable out of such receipts from the water-works as by this section are placed
at the disposal of the trustees, or being first approved by council out of any funds
which council may provide for the purpose of meeting such costs and expenses
should the total receipts from the water-works prove insufficient therefor. [78
v. 11.]
(2435-22) SEC. 4. [How sinking fund for payment of bonds created.]
Whenever in any year between the second Monday in May and the second
'Monday in May of the next succeeding year, the receipts from the water-works
paid into the treasury for the portion of the year which shall then have expired
equal the amount of the last preceding estimate reported as aforesaid to council,
the corporation treasurer shall forthwith certify the fact to council, and the
residue of all the receipts from the water-works for such year shall be under
the exclusive control of council, and shall be applied exclusively to the pay-
1229
Tit. XII. Div. 8, Ch. 1.
WATER-WORKS.
§ (2435-23).
ment of the interest on and the creation and maintenance of a sinking fund
for the liquidation of the principal of all bonds issued in pursuance of this act
until all such bonds are fully paid, when any such surplus may be applied by
council to the extension, enlargement or alteration of such water-works; and
council shall annually, after such water-works shall have been put in operation,
assess and levy, if necessary, such a tax as together with the receipts from the
water-works and other moneys of the city applicable to the purpose shall be
sufficient to provide for said interest and sinking fund, the whole or any part
of which tax may be assessed and levied either upon the entire taxable prop-
erty of the corporation, or upon such property as is described, and in the man-
ner provided in section two thousand four hundred and thirty of said revised.
statutes. [78 v. 11.]
(2435-23) SEC. 5. [Plans and specifications may be altered; alter-
ations not to affect contract made.] The council of any such city which has
heretofore adopted or which may hereafter adopt plans and specifications, or
either, for the construction, extension or enlargement of water-works or for
changes therein, shall at any time have the right to alter or modify any such
plans or specifications, by resolution or ordinance, and may prescribe the time
and order in which the work or any part thereof indicated in any such origi-
nal or modified or altered plans or specifications shall be done, and the
trustees shall make no enlargement or extension of the water-works or changes
therein, except for necessary repairs, unless thereto directed by council, and
shall cause the water-works to be constructed and all enlargements and exten-
sions thereof, and changes therein ordered by council made according to the
plans and specifications and as nearly as may be reasonably practicable in the
time and order respectively prescribed by council; provided, that council shall
not make any such alteration or modification as aforesaid as to any part of the
work above named so as to affect any contract for the same after such contract
is made, and ratified in the manner hereinafter prescribed, unless the con-
tractor consents to such alteration of modification. [78 v. 11.]
(2435-24) SEC. 6. [Contracts to be ratified by council.] No con-
tract or agreement entered into or obligation incurred or expenditure author-
ized by the trustees of the water-works for or towards the construction, enlarge-
ment or extension of the water-works or for changes therein except for necessary
repairs, or in any way relating to the water-works or to anything incident or
appurtenant thereto, shall be binding upon any such city, nor shall any money
be appropriated or drawn from the treasury of the city to execute any such
contract or agreement, or to discharge any such obligation, or to defray any
such expenditure, unless before going into operation the same is ratified by
council; provided, that this section shall not apply to the necessary costs and
expenses of managing, conducting and repairing such water-works after the
same shall have been put in operation. [78 v. 11.]
(2435-25) SEC. 7. [Moneys to be under exclusive control of council.]
All moneys for the construction, enlargement or extension of the water-works,
or for changes therein except for necessary repairs, shall be under the exclusive
control of council, to be paid out of the treasury only by order of council, upon
proper claims certified to by the trustees of the water-works as being just and
correct. [78 v. 11.]
(2435-26) SEC. 8. [Council may assess cost of laying pipe on abut-
ting property.] The council of any such city when they order water-pipe to
be laid in connection with and as an extension of such water-works after the
original construction thereof, may, with the concurrence of two thirds of all
the members elected thereto, assess and levy the whole or any part of the costs,
and expenses of such water-pipe upon all the taxable property adjoining, abut-
ting or bounding upon any street, lane, alley, public road, block, square, or
1230
§ (2435—27).
WATER-WORKS.
Tit. XII, Div. 8, Ch. 1.
premises through which such water-pipe shall be laid, such assessment and levy
to be made, in the manner pointed out in section two thousand four hundred and
thirty of said revised statutes. [78 v. 11.]
(2435-27) SEC. 9. [Expenses to be paid by annual levy until re-
ceipts are sufficient to meet them.] The council of any such city shall,
annually, until the receipts from the water-works are sufficient to defray the
expenses of managing, conducting and repairing the same, assess and levy
upon the entire taxable property of the corporation such tax as together with
said receipts will provide for said expenses. [78 v. 11.]
(2435-28) SEC. 10. [Power of taxation not restricted by limita-
tions now imposed by law.] The execution of the power of taxation con-
ferred by this act, shall not be restricted by [any] limitation now placed by law
on the amount of taxes, which may be assessed and levied for municipal pur-
poses, nor shall the council of any such city or the trustees of such water-
works be governed in the execution hereof or in the construction, enlargement
or extension of such water-works or in making changes therein, or in manag-
ing, conducting, or repairing the same by section two thousand seven hundred
and two of said revised statutes, but all other provisions of existing law, relat-
ing to water-works, and not inconsistent with the terms of this act shall
remain unaffected hereby. [78 v. 11.]
(2435-29) SEC. 1. [Certain cities authorized to enlarge water-
works; may issue bonds therefor.] The city council of any city of the second
class, third grade, in which water works have been wholly or partially con-
structed, and in which a board of trustees has been elected therefor, is hereby
authorized and empowered to enlarge and extend said works or change the
plan or plans of construction thereof; and the city council of any such city
for the purpose of any such enlargement, extension or change is hereby
authorized to issue the bonds of the city, not exceeding in the aggregate twenty-
five thousand dollars, in addition to the amounts authorized to be issued by
the acts to which this act is supplementary. The bonds herein authorized to
be issued may run any length of time not exceeding thirty years, at a rate of
interest not exceeding six per cent. per annum, payable semi-annually, to be
issued, signed and sold according to law, and the proceeds thereof to be applied
to defray the cost and expenses of the enlargement, extension or changes of
said water works, and for no other purpose whatever. The city council of any
such city exercising the powers herein conferred shall be subject to all the pro-
visions of the act to which this act is supplemental, except as otherwise herein.
provided. [80 v. 59.]
(2435-30) SEC. 1. [Certain cities may issue additional water-works
bonds; term of, and interest.] The city council of any city of the second class,
third grade, in which water-works have been wholly or partially constructed, and
in which a board of trustees has been elected therefor, and in which bonds have
heretofore been issued under the authority of the acts above recited, is hereby
authorized and empowered to enlarge and extend said works, or to change the.
plan, or plans, of construction thereof; and the city council of any such city,
for the purpose of any such enlargement, extension, or change, is hereby
authorized to issue the bonds of the city not exceeding in the aggregate twenty-
five thousand dollars, in addition to the amounts authorized to be issued by
the acts to which this act is supplementary. The bonds herein authorized to
be issued may run any length of time not exceeding thirty years, at a rate of
interest not exceeding six per cent. per annum, payable semi-annually, to be
issued, signed and sold according to law; the proceeds thereof to be applied to
defray the costs and expenses of the enlargement, extension or changes of said
water-works, and for no other purposes whatever. The city council of any such
city exercising the powers herein conferred shall be subject to all the provisions
1231
Tit. XII, Div. 8, Ch. 1.
WATER-WORKS.
§ (2435-31).
of the acts to which this act is supplemental, except as otherwise herein provided.
[81 v. 192.]
For other bond issues by Springfield, see 85 v. 88; 88 v. 365.
See State v. Pugh, 43 O. S. 98, 133.
HAMILTON.
(2435-31) SEC. 1. [Certain cities authorized to issue bonds to con-
struct water-works.] The city council of any city, which had by the last
federal census a population of twelve thousand one hundred and not exceeding
twelve thousand three hundred, is hereby authorized and empowered to issue
the bonds of said city, not to exceed the sum of three hundred thousand dol-
lars, and the money derived therefrom to be applied in the manner now re-
quired by law in the construction and operation by said city of water-works
for fire protection, domestic and other purposes therein. Said bonds shall be
signed by the mayor and clerk of said city; shall bear a rate of interest not
exceeding six per cent. per annum, interest payable semi-annually and the
principal payabl› within not more than thirty (30) years, nor not less than ten
(10) years, from the date of the issue thereof, in such sums, at such times, and
in such manner as council may determine before the issue of said bonds; said,
bonds shall not be sold or otherwise disposed of at less.than their par value.
[80 v. 61.]
(2435-32) SEC. 2. [Levy of two mills additional to pay bonds; to
be built on reservoir plan; surplus: how invested.] For the purpose of
paying said bonds and interest as the same become due, said council is hereby
authorized and required to levy a tax annually on all the taxable property
within said city, not exceeding two mills on the dollar in any one year, in addi-
tion to the amount otherwise allowed by law for municipal purposes; and such
works shall be built upon the reservoir plan and otherwise constructed and
operated in the manner provided by the revised statutes of this state; and it
is hereby further provided, that all moneys derived from said bonds shall be
set apart and known as the water-works fund, and shall be used and appro-
priated only for the purchase of real estate and construction and operation of
said works and costs incident thereto, and said council is hereby authorized
and empowered to invest, from time to time, any money in said fund in United
States bonds, or bonds of the State of Ohio, Butler county, or city of Hamilton,
and all interest and earnings arising therefrom in like manner, to create thereby
a sinking fund for the payment of said bonds and interest as they mature. [80
v. 61.]
(2435-33) SEC. 1. [Certain cities may issue additional bonds to com-
plete water-works; form of bond; rate of interest.] The city council of any
city, which had by the last federal census a population of twelve thousand and
one hundred and not exceeding twelve thousand and three hundred, where the
said city has authorized the issue of, and has issued the bonds of said city, and
made the levy on the taxable property therein for paying the same up to the
limit provided in said act to which this is supplementary, and said city has
begun and proceeded with the construction of water-works in accordance with
said act, and the money and funds derived from said issue of bonds, and said levy
will not be sufficient to complete the said water-works, and put the same in run-
ning order and operate the same, is hereby authorized and empowered to issue
the bonds of said city in addition to the amount and limit already allowed by
said act tɔ which this is supplementary, in such amount as will be necessary to
complete said water-works, and put the same in running order and operate the
same and not to exceed the sum of fifty thousand dollars, and the money
derived therefrom shall be applied in the manner now required by law, for the
construction, completion, and operation of water-works in cities of this state.
The said bonds shall be signed by the mayor and clerk of said city, shall bear
1232
§ (2435-34).
WATER-WORKS.
Tit. XII, Div. 8, Ch. 1..
a rate of interest not exceeding five per cent. per annum, payable semi-annu-
ally, the principal payable within not more than forty years, nor less than
twenty years from date of issue thereof in such sums, at such times, and in
such manner as council may determine, before the issue of said bonds; and
said bonds shall not be sold or disposed of at less than their par value. [81
v. 28.]
(2435-34) SEC. 2. [Moneys from bonds: how used.] It is hereby
further provided that all moneys derived from said bonds shall be paid into
and become a part of the water-works fund, and shall be used as provided in
said original act to which this is supplementary. [81 v. 28.]
CITIES OF $,000 To 10,000.
This act construed but its constitutionality not passed on: Fremont v. June, 8 C. C. 124, 135; 1 O. D. 333..
(2435-35) SEC. 1. [Certain cities authorized to issue bonds for
water-works; question to be submitted to vote of electors.] The council
of any city in this state, which by the federal census of 1880 had, or which by
any federal census hereafter may have on the first day of July in any year, a
population exceeding eight thousand, and not exceeding ten thousand, are here-
by authorized, for the purpose of providing the means to pay the costs and ex-
penses of constructing water works, and of making enlargements and extensions
thereof, and changes therein, to issue the bonds of the city for any amount not
exceeding in the aggregate for all of said purposes, one hundred and fifty
thousand dollars, which bonds may be made to run for any length of time not
exceeding thirty years, at a rate of interest not exceeding six per cent. per
annum, payable semi-annually, to be negotiated in the manner now provided
by section two thousand seven hundred and nine of the revised statutes of Ohio,
the proceeds thereof to be applied exclusively to the payment of said costs and
expenses; provided, that the question of issuing said bonds shall first be sub-
mitted to the vote of the qualified electors of any such city, at any general or
special election to be held in any such city, ten days' notice of which shall be
given by publication in all the newspapers of any such city, and if two-thirds
of the votes cast at said election shall be in favor of issuing the bonds afore-
said, the_council shall have authority to issue the same as herein before pro-
vided. [79 v. 15.]
(2435-36) SEC. 2. [Tax to be levied to pay interest on bonds.
until works are completed.] During the erection and completion of such
water works, and until they are put in operation, the council of any such city
shall annually assess and levy upon the entire taxable property of the corpora-
tion a tax sufficient to pay the accruing interest on all bonds issued in pursu-
ance of this act. [79 v. 15.]
(2435-37) SEC. 3. [Trustees of water-works to make annual re-
port to council.] The trustees of such water works shall, on the second Mon-
day in May, annually, make a report to the council of the condition of the
water works, and after the same shall have been put in operation, shall include
in every report an estimate prepared by them of the amount of money which,
in addition to the balance, if any, to their credit then in the treasury, will be
sufficient to discharge their then existing indebtedness, and to defray the neces-
sary costs and expenses of managing, conducting, and repairing the water
works during the next succeeding year, which estimate shall be forth with cer-
tified by the clerk of any such city to the city treasurer; and for the purpose of
paying the costs and expenses in this section named, the receipts from the water
works, when paid into the treasury may be drawn upon by the trustees in the
manner now prescribed by section two thousand four hundred and fourteen of said
1233
Tit. XII, Div. 8, Ch. 1.
WATER-WORKS.
$ (2435-38).
revised statutes, but for no other purpose whatever, and the entire amount so
drawn by them during any one year next succeeding the second Monday in May,
shall not exceed the amount of their last preceding estimate included in their
report as aforesaid, and the balance, if any, to their credit in the treasury at the
date of such estimate; provided, that no contract or agreement entered into, or
obligation incurred, or expenditure authorized by the trustees for and on account
of the management, conduct, or repair of the water works, shall be binding upon
any such city, except as being payable out of such receipts from the water
works as by this section are placed at the disposal of the trustees, or being first
approved by the council, out of any funds which the council may provide for
he purpose of meeting such costs and expenses, should the total receipts from
the water works prove insufficient therefor. [79 v. 15.]
(2435-38) SEC. 4. [Residue of receipts to be under control of
council for payment of interest on creation of sinking fund.] Whenever in
any year between the second Monday in May and the second Monday of May
of the next succeeding year, the receipts from the water works paid into the
treasury for the portion of the year which shall then have expired, equal the
amount of the last preceding estimate reported as aforesaid to the council, the cor-
poration treasurer shall forthwith certify the fact to the council, and the residue
of all the receipts from the water works for such year shall be under the exclusive
control of the council, and shall be applied exclusively to the payment of the inter-
est on and the creation and maintenance of a sinking fund for the liquidation of
the principal of all bonds issued in pursuance of this act, until all such bonds are
fully paid, when any such surplus may be applied by the council to the exten-
sion, enlargement, or alteration of such water works; and the council shall,
annually, after such water works shall have been put in operation, assess, and levy,
if necessary, such tax as, together with the receipts from the water works and
other moneys of the city applicable to the purpose, shall be sufficient to pro-
vide for said interest and sinking fund, the whole or any part of which tax may be
assessed and levied either upon the entire taxable property of the corporation,
or upon such property as is described, and in the manner provided in section
two thousand four hundred and thirty of said Revised Statutes. [79 v. 15.]
(2435-39) SEC. 5. [Council may modify plans, specifications, etc.]
The council of any such city, after it has adopted plans and specifications for
the construction, extension or enlargement of water works, or for changes
therein, shall at any time have the right to alter or modify any such plans or
specifications, by resolution or ordinance, and may prescribe the time and order
in which the work, or any part thereof indicated in any such original, or modi-
fied, or altered plans, or specifications shall be done, and the trustees shall make
no enlargement or extension of the water works, or changes therein, except for
necessary repairs, unless thereto directed by the council, and shall cause the water
works to be constructed, and all enlargements and extensions thereof, and
changes therein ordered by the council, made according to the plans and speci-
fications, and as nearly as may be reasonably practicable in the time and order
respectively prescribed by the council; provided, that the council shall not
make any such alteration or modification as aforesaid, as to any part of the
work above named, so as to affect any contract for the same after such contract
is made and ratified in the manner hereinafter prescribed, unless the contractor
consents to such alteration or modification. [79 v. 15.]
(2435-40) SEC. 6. [Contracts to be ratified by council.] No con-
tract or agreement entered into, or obligation incurred, or expenditure author-
ized by the trustees of the water works, for or towards the construction, enlarge-
ment, or extension of the water works, or for changes therein, except for neces-
sary repairs, or in any way relating to the water works, or to anything incident
or appurtenant thereto, shall be binding upon any such city, nor shall any
;
79
1234
§ (2435-41).
WATER WORKS.
Tit. XII, Div. 8, Ch. 1.
money be appropriated or drawn from the treasury of the city to execute any
such contract or agreement, or to discharge any such obligation, or defray any
such expenditure, unless before going into operation the same is ratified by the
council; provided, that this section shall not apply to the necessary costs and
expenses of managing, conducting, and repairing such water works after the
same have been put in operation. [79 v. 15.]
(2435-41) SEC. 7. [Moneys to be under control of council.] All
moneys for the construction, enlargement or extension of the water works, or
for changes therein, except for necessary repairs, shall be under the exclusive-
control of the council, to be paid out of the treasury only by order of the coun-
cil upon proper claims certified to by the trustees of the water works as being
just and correct. [79 v. 15.]
(2435-42) SEC. 8. [Council to levy tax to defray expenses of man-
aging works.] The council of said city shall, annually, until the receipts
from the water works are sufficient to defray the expenses of managing, con-
ducting and repairing the same, assess and levy upon the entire taxable prop-
erty of the corporation such taxes as will, together with said receipts, provide
for said expenses. [79 v. 15.]
(2435-43) SEC. 9. [Limit of taxation.] The execution of the power
of taxation conferred by this act, shall not be restricted by any limitation now
placed by law on the amount of taxes which may be assessed and levied for
municipal purposes, nor shall the council of any such city, or the trustees of
such water works, be governed in the construction of such water works by sec-
tion two thousand seven hundred and two of the revised statutes of Ohio, but all
other provisions of existing law relating to water works, and not inconsistent
with the terms of this act shall remain unaffected thereby. [79 v. 15.]
(2435-44) SEC. 1. [Bonds for Fremont water-works.] The council
of any city of the second class, fourth grade, in which water-works have been
wholly or partially constructed, and in which a board of trustees has been
elected therefor, and in which bonds have heretofore been issued under the
authority of the act above recited, is hereby authorized and empowered to ex-
tend or enlarge said water-works, procure an additional or more suitable supply
of water, build additional reservoirs and conduits and procure land therefor;
and the city council of any such city for the purpose of any such extension or
enlargement, procuring of such water supply, building of any such reservoirs
or conduits and procuring land therefor, is hereby authorized to issue the bonds
of the city, not exceeding in the aggegate thirty thousand ($30,000) dollars, in
addition to the amount authorized to be issued by the act to which this act is
supplementary. The bonds herein authorized to be issued may run any length
of time not exceeding thirty years at a rate of interest not exceeding six per
cent. per annum, payable semi-annually, to be issued and sold according to
law; the proceeds thereof to be applied to defray the costs and expenses of the
said extension or enlargement, procuring of such water supply, building of
reservoirs and conduits and procuring land therefor, and for no other purpose
whatever. The city council of any such city exercising the powers herein con-
ferred shall be subject to all the provisions of the act to which this act is sup-
plemental, except as otherwise herein provided. [91 v. 861.]
MISCELLANEOUS.
(2435-45) SEC. 1. [Authorizing Newark to contract for water
supply, and levy tax therefor.] The council of any municipal corporation,
which, by the federal census of 1880 had, and these which, hereafter, on the first
day of March, in any year, as ascertained by any federal census, may have a pop-
ulation of nine thousand six hundred and three, is hereby authorized to contract
1235
Tit. XII, Div. 8, Ch. 1.
WATER-WORKS.
§ (2435—46).
with some good, solvent, incorporated water company to supply the corporation
with water for fire purposes, streets, squares or other public places, city build-
ings, public schools or other public buildings, within the corporate limits of
said city, and also to supply the citizens of such corporation with water, or all,
any or either of them, for any term, not exceeding the period for which a fran-
chise to a company for a water supply may be granted; and the council of any
such corporation is hereby authorized and empowered to levy and collect annu-
ally such rate and amount of taxes on each dollar of valuation of taxable prop-
erty in the corporation on the tax duplicate, not to exceed three mills, as the
council may determine, additional in rate and amount to the aggregate rate,
and the aggregate amount of all taxes now or hereafter to be authorized by law
to be levied or ordered by such municipal corporation; provided, that no such
contract and additional tax shall be binding upon any such municipal corpora-
tion until the same shall have been ratified and adopted by a vote of the electors
thereof at a special or general election. [82 v. 241.]
(2435-46) SEC. 1. [Certain cities may contract with water com-
panies.] That all municipal corporations, except cities of the first grade of the
first class, in which water-works are now erected, constructed and existing, or
in which they may hereafter be erected, whether such water-works are owned
by an incorporated company, or by an individual or individuals, shall have
power to contract with such company, owner or owners of such water-works,
for supply of water for fire purposes, streets, squares, and other public places
within the corporate limits, and for supplying the citizens of such municipal
corporation with water, or any or either of them for any term not exceeding
twenty years. [87 v. 172; 83 v. 146.]
(2435-47) SEC. 2. [Limitation; when submitted to vote.] Any
such municipal corporation, except cities of the first grade of the first class, in
which water-works are constructed and existing and owned by an incorporated
company, or an individual or individuals, shall have power to contract for the
purchase of such water-works for such price, not exceeding two hundred thou-
sand dollars, and upon such terms as may be agreed upon between the coun-
cil of such corporation and the owner or owners of such water-works. Provided,
that no such contract, for the purchase of any such water-works, shall be of
any validity until the same shall have been ratified at a special or general elec-
tion to be holden in such corporation, by a majority of the electors voting at
such election. But it shall not be necessary to the validity of any such con-
tract, that sufficient funds shall be in the treasury of the corporation applic-
able thereto for the purposes thereof, nor that the clerk of such corporation
shall make or file his certificate to that effect. [87 v. 172; 83 v. 146.]
(2435-48) SEC. 3. [Bonds.] Any such municipal corporation pur-
chasing such water-works, may issue its bonds to the amount of the purchase
price of such water-works agreed upon, with interest coupons attached. Such
bonds to run not more than thirty years, to bear interest at a rate not to ex-
ceed six per cent. per annum, payable semi-annually, and to be signed, attested,
advertised, and sold as in other cases. Such bonds shall not be sold for less
than their par value, and the proceeds thereof, together with such premiums
as may be derived therefrom, shall be applied to no other purpose than the
purpose herein mentioned, or the maintenance of such works. [87 v. 173; 83
v. 146.]
(2435-49) SEC. 4. [Levy of tax.] The council of any municipal
corporation issuing such bonds is hereby authorized to levy a tax of sufficient
amount to pay the interest on such bonds, and to provide for the redemption
of the same, which tax may be assessed and collected as provided in sections
2430 and 2431 of the Revised Statutes of Ohio. [87 v. 173; 83 v. 146.]
1236
§ (2435-50).
WATER-WORKS.
Tit. XII, Div. 8, Ch. 1.
(2435-50) SEC. 5. Board of trustees; powers, duties, etc.] When
ever any such purchase of water-works shall be made, the council of such mu-
nicipal corporation shall establish a board of trustees, as provided in section
2408 of the Revised Statutes of Ohio, which board shall have all the powers
and perform all the duties required of boards of trustees of the water-works by
title 12, division 8, chapter 1 of the Revised Statutes of Ohio, and such water-
works shall thereafter be controlled and operated in the same manner, and the
council shall have the same powers with reference to them as if the said water-
works had been constructed by such municipal corporation. [87 v. 173; 83 v. 146.]
(2435-51) SEC. 1. [Assessments for laying water-pipes in munici-
palities except cities of the first class; bonds; provisions governing mak-
ing of assessments; as to guardian signing petition for improvement.]
In all municipal corporations, except cities of the first class, whenever in the
opinion of the council or board of trustees, it is necessary as a means of pro-
tection against fires, or upon the recommendation of the board of health of such
corporation, when in its opinion it is necessary as a sanitary measure, or when-
ever a petition subscribed by a majority in frontage interests of the owners of
property bounding or abutting upon any street or highway of any description,
between designated points, is presented to the council, or board of trustees, re-
questing the laying of water-pipes or mains in such street or highway between
such points, the council or board of trustees is hereby authorized to levy and
assess the cost thereof upon the lots or parcels of land bounding or abutting
upon such street or highway between the points designated, by the front foot,
or according to the valuation of the same on the tax duplicate, or according
to benefits as the council or board of trustees may by ordinance determine, not
to exceed twenty-five per centum of the actual value of the lots of lands after
the water-pipes or mains are laid, and to issue the bonds or notes of the corpo-
ration, bearing interest at a rate not exceeding six per centum per annum from
the date of issue, payable semi-annually, for the purpose of paying the cost and
expense of laying such water pipes or mains until such assessment can be
levied and collected; provided, that in making such assessments the council
or the board of trustees shall be governed by the provisions of chapter 4, divi-
sion 7 of title 12 of the Revised Statutes; provided, also, that guardians of in-
fants, idiots, imbeciles, lunatics or drunkards may sign such petition on behalf
of their wards when so authorized by the probate court on good cause shown.
[93 v. 204; 89 v. 163; 85 v. 112.]
(2435-52) SEC. 1. [Cities of fourth grade, second class, may issue
water-works bonds.] Any city of the fourth grade of the second class, be
and the same is hereby authorized and empowered to purchase or lease the
necessary land and water privileges and to construct a system of water-works
for, and to issue the bonds of, said city, in any sum necessary to purchase or
lease the necessary land [and] water privilege and to construct such system of
water-works, but in no case to exceed fifty thousand dollars, such bonds to bear
interest at a rate not to exceed five per cent. per annum, interest payable semi-
annually, as the council of said city may by resolution or ordinance provide,
"said bonds to be issued at such time or times not exceeding one year from the
passage of this act, and in such amounts and be of such denominations as such
council may by resolution or ordinance provide. Said bonds to be made pay-
able at such time or times as such council may by resolution or ordinance pro-
vide, but in no case to be less than five years, nor more than thirty years from
the date of their issue, and which said bonds shall not be sold for less than
their par value and accrued interest in cash, the proceeds of which said bonds
shall be used for no other purpose than that of purchasing or leasing the nec-
essary land and water privilege and constructing such system of water-works,
and paying the expenses incident to such establishment, construction and
completion. Said bonds shall be signed by the mayor and attested by the-
1237
Tit. XII, Div. 8, Ch. 1.
WATER-WORKS.
§ (2435—53).
clerk of said city, and have the seal of each of said officers affixed; and when
said bonds or any of them are sold, the proceeds thereof shall be paid to the
treasurer of said city, who shall hold and disburse the same as other city funds
are by him held and disbursed. [88 v. 246.]
(2435-53) SEC. 2. [Levy of tax; earnings of water-works may be
used.] If any bonds of said city be issued as herein provided, the council of
said city is hereby authorized and required, annually thereafter, until the
same and interest thereon shall be fully paid, to assess and levy a tax on all
the taxable property within the corporate limits of said city, sufficient, in
addition to the taxes now or which may hereinafter be authorized by law, to
provide for the payment of interest accruing upon the bonds so issued, and
also to provide, by means of a sinking fund or otherwise, for the payment of
the principal of such bonds as they mature, which said levy shall be placed
upon the tax duplicate of said county and collected as other taxes; provided,
that said levy shall not in any one year exceed four mills on each dollar of
property subject to taxation in said city. The net earnings of said water-
works may be applied to the enlargement or extension of the works or of the
reservoirs, the payment of the interest of any loans made for their construc-
tion or for the creation of a sinking fund for the liquidation of the debt, as
the council or board of water-works trustees of said city may from time to
time by resolution order. [88 v. 246.]
(2435-54) SEC. 3. [To be submitted to vote.] Before such bonds
are issued or tax levied, the question of issuing said bonds and the levying of
a tax to pay said bonds, the same shall be submitted to a vote of the qualified
electors of said city at a regular or special election called for that purpose, as
the council of said city may order. Notice shall be given of the time and
places of holding such election, in a newspaper of general circulation in said
city, or by notice posted up at five of the most public places in said city.
Those in favor of the construction of water-works and the issue of bonds shall
have written or printed upon their ballots the words, "For the issue of bonds.”
Those opposed to the construction of water-works and the issue of bonds shall
have written or printed upon their ballots the words, "Against the issue of
bonds." The election shall be held in accordance with the election laws of
the state, but the poll-book and returns thereof shall be made to the city clerk,
who shall present them to the city council at its first regular or special meet-
ing held after said election, when the same shall be opened and canvassed and
the result declared and entered upon the minutes of said council. If it shall
appear that a majority of the ballots cast at such election were in favor of
water-works and the issuing of bonds then the council of said city shall have
the authority to issue the said bonds and levy the said tax as provided in this
act, and not otherwise. [88 v. 246.]
(2435–55) SEC. 4. [Council to act until election of water-works
trustees, etc.] Until the election and qualification of a board of water-works
trustees as provided by statute, the council of said city is hereby vested with
all the power and authority of a board of water-works trustees, and is hereby
authorized and empowered to advertise for and accept the lowest and best bid
received for the construction of said works or any part thereof, to make all
contracts necessary for the construction, repair, and management of said water-
works; provided, that said council shall receive no salary or pay for said serv-
ices, and the construction, control, repair and management of said water-
works shall devolve upon the council of said city until a board of water-works
trustees shall be duly elected and qualified; provided, that the council of said
city have, prior to the passage of this act, or before the election and qualifica-
tion of said board of water-works trustees, fully complied with the provisions
of section 2419 of the Revised Statutes of Ohio, 1880; and for the purpose of
1238
§ (2435-56).
WATER-WORKS.
Tit. XII, Div. 8, Ch. 1.
carrying out more fully the provisions of this act, said council or board of
water-works trustees shall not be governed in the execution thereof by sections
2683 or 2689a, but they shall be governed, however, by the provision of section
2702 of the Revised Statutes so that no contract shall be entered into for the
construction of said water-works until said bonds are sold and the money in
the hands of the city treasurer. [88 v. 246.]
etc.
(2435-56) SEC. 1. [Oxford water and light trustees; vacancies,
That in counties containing a city of the second class, third grade "B,"
a village having a population of 1922 at the last federal census there shall be a
board of water and light trustees composed of three members, electors of the
said village, to be appointed by the mayor and confirmed by the council of said
village, as soon as practicable after the passage of this act, who shall be ap-
pointed one for one year, one for two years and one for three years, and there-
after at the expiration of each term one member shall be appointed to serve
for the term of three years; and all vacancies that may occur in said board of
trustees, through death, resignation or otherwise, may be filled by appoint-
ment of said mayor and by confirmation of said village council; the members
of said board before entering upon their duties shall take and subscribe an
oath, which shall be filed and kept by the village clerk, to support the consti-
tution of the United States, the state of Ohio, and in all their official actions
and judgments to aim only to secure and maintain an honest and efficient
administration of the water and light plants of said village; and the appointed
members shall serve until their successors are appointed and qualified; and
for their services each of said trustees shall receive a salary of not more than
$25 per year. [92 v. 541.]
(2435-57) SEC. 2. [Removal from office.] A member of said board
may be removed from office for misfeasance, malfeasance or nonfeasance in
office in the manner provided for the removal of officers by the statutes of
Ohio. [92 v. 541.]
(2435-58) SEC. 3. [Powers of board.] Said board of trustees shall
maintain and operate the water works system and electric light plant of said
village; may make rules and regulations for the maintaining and operating
said plants; shall furnish water and electric light to said village and may sell
and furnish water and electric light to the citizens desiring to use the same, on
such terms and at such prices as said board may prescribe; collect all bills and
moneys due for water and light sold by said board and pay the same to the treas-
urer of said village, who shall keep two separate funds, one being the light and
one being the water fund; may manage, conduct and control said water and
light plants of said village, may purchase materials, and employ laborers to
maintain and operate said water and light plants; may also pass upon, certify
and order paid by the treasurer of said village out of the funds to the credit of
said board in said water and light funds all debts contracted by said board,
and all bills made under its direction and all expenditures necessary for the
maintaining and operating said water and light plants; and said board shall
be required to report to council quarterly or as often as said council may order.
And the said board of electric light trustees heretofore created is hereby abol-
ished. [92 v. 541.]
(2435-59) SEC. 4. [Organization.] Within twenty days after the
appointment and qualification of the original board appointed pursuant here-
to, said members shall meet and effect an organization of said board by the
selection of a president and the election of a secretary for said board; said
president shall preside at the meetings of said board and perform such other
duties as may be prescribed by the board. The secretary of said board shall
keep the records of said board and have charge of the office of said board,
receive all moneys due the board and pay the same over to the treasurer of
1239
Tit. XII, Div. 8, Ch. 1.
WATER-WORKS.
§ (2435—60).
the village, taking his receipt for the same, and shall perform such other duties
as may be required of him by the board. The secretary, who may or may not
be a member of the board, shall be elected annually by the board for the period.
of one year, and shall receive a salary to be fixed by the board, and shall give
a bond in the sum of one thousand dollars conditioned for the faithful per-
formance of his duties, and for the faithful accounting of all moneys that may
come into his hands as such secretary; said bond to be approved by said board
and to be filed with the village clerk. [93 v. 640; 92 v. 541.]
(2435-60) SEC. 5. [Office for meetings.] The said board of water
and light trustees shall be provided with suitable rooms or office in which to
transact its business as in the judgment of said board is necessary and all ex-
penses on this account shall be borne by the village. [92 v. 541.]
Bedford-water-works authorized, 90 L. L. 113.
Carey-village of, water-works of, 91 v. 509.
Cleveland-bonds for pumping station and plant, 92 v. 704.
Columbus-pumping engines, power to purchase, 84 v. 11; 87 v. 273.
Dayton-bonds to improve water-works, 84 v. 78; 85 v. 225; 88 v. 490.
Eaton-water-works bonds, 88 v. 44; 89 v. 315.
Gallipolis-water-works established, 90 L. L. 180.
Germantown-may issue water-works bonds; question submitted to electors, 93 v. 455.
Gibsonburg-water-works bonds, 92 v. 663.
Huron-water-works and bonds, 92 v. 624.
Lima-water-works trustees created, 85 v. 146; repealed 87 v. 100.
Lorain-bonds for water-works extension and improvement, 86 v. 219.
Marietta-water-works bonds, 89 v. 242.
McConnelsville-may issue water-works bonds; question submitted to electors, 93 v. 685.
Mt. Vernon-water-works bonds, 92 v. 601.
Napoleon-water-works and electric light bonds, 89 v. 185; 89 v. 315.
New Holland-water-works and electric light bonds, 92 v. 673.
Niles-water-works and electric light bonds, 89 v. 184; 89 v. 255.
Springfield-may issue water-works bonds, 93 v. 42.
Toledo-purchase of pumping engines, 88 v. 53.
Van Wert-water-works and bonds, 88 v. 205.
Wellston-water-works and bonds, 87 v. 58.
West Milton-water-works and light and town hall bonds, 89 v. 288.¹
Weston-water-works and fire department bonds, 89 v. 7.
Willoughby--water-works bonds, 89 v. 71.
Willshire-water-works bonds, 89 v. 256.
Zanesville-water-works bonds, 87 v. 293.
1240
Tit. XII.
FIRE DEPARTMENT.
Div. 8, Ch. 2.
SUBDIVISION I.
SUBDIVISION II.
CHAPTER 2.
FIRE
DEPARTMENT.
In cities of the first grade of the first class.
In cities of the second grade of the first class.
SUBDIVISION III. In villages and cities generally, and herein of firemen's pension funds.
SECTION
2436.
2437.
Officers of board.
2438.
Record of proceedings.
2439. Fire department: rules and regulations of.
Board in Cincinnati: how constituted.
SUBDIVISION I.
SECTION
2445c. Sale of bonds; disposition of proceeds.
2446. Limitation on power of board of fire commission-
ers; application of proceeds of certain lands.
How payments made out of fund.
2447.
2440. Appointment of fire marshal and other officers.
2441. Powers of board.
2448.
Fire alarm telegraph.
2449.
2442. Members not to be interested in contracts, etc.
2443. Board to advertise for proposals.
Fire marshal and assistants to act as fire war-
dens.
2450.
Duties of fire wardens.
2444. Necessary levy to be certified to auditor.
2445. Disposition of interest on fire commission fund.
·2445a. Commissioners may expend money to establish new
companies.
24456. Issue of bonds to meet such expenditure.
2456. Vacancy, how filled.
2455. Repealed.
2457. Officers of the board.
2458.
Quorum.
2459. Regular and special meetings.
2460. Powers of board.
2451. Board of examiners of unsafe buildings.
2452. Their powers and duties.
2453.
Cost of demolishing, how paid and reimbursed.
2454. Secretary of fire department to be secretary of
board: his duties.
2454-1. Leave of absence for officers and members.
2454-2. Appropriation therefor.
SUBDIVISION II.
2461. Contracts exceeding five hundred dollars: how
awarded.
2462. Necessary levy to be certified to auditor.
2463. Appointment of executive officers and employes
terms; removals; annual Ïcave of absencé.
2463-1. Providing for leave of absence of members
of fire department in certain cities.
2464. To prescribe duties and fix salaries of officers,
etc. exclusion of politics.
2465. Fire-alarm telegraph.
2466.
Chief and assistants to act as fire wardens;
unsafe buildings.
2467. Fire wardens; medical officer; veterinary sur-
geon in Cleveland; appointment and sala-
ries; present incumbents; future appoint-
ments.
2468.
2469.
SUBDIVISION III.
2470. Powers of council as to fire department.
2470—1. Fire department to be controlled by water-
works board in Middletown.
2470-2. Board to make rules, etc.
2470-3. Repairs of apparatus, purchases, etc., to be
ordered by board.
2470-4. Balance in treasury subject to order of
board.
2470-5. Levy for fire department to be certified to
council by board, etc.
2470-6. Chief; to be appointed by mayor under ap-
proval of board; assistants.
2470-7. Salaries; to be fixed by board.
2470-8. Chief; powers of; bond to be given by chief
and drivers of trucks.
2471. To purchase fire engines, etc.
2472. To erect necessary buildings, etc.
2473. To regulate the erection of structures, etc.
2474. To invest fire engineer with powers, etc.
2475. Engineers, etc., may make arrests, etc.
2476. Compensation of such officer.
TOLEDO.
2476-1. Establishing board of fire commissioners in
cities of third grade, first class.
2476-2. President and secretary.
2476-3. Quorum.
2476-4. Meetings.
2476-5. Proceedings.
2476-6. Duties, rules, and regulations.
2476-8. Levy of tax.
2476-7. Expenditures; how authorized.
2476-9. Chief of fire department; how appointed.
2176–10. Annual report to council.
2476-11. Fire alarm telegraph.
2476-12. Powers and duties of chief of fire depart-
ment.
Officers and salaries in Cleveland.
Provisions in subdivision one made applicable
to this.
2476-13. Report to board.
2476-14. Board shall control property of fire depart-
ment.
2476-15. Salaries of officers.
2476-16. Exceptions.
DAYTON.
2476-17. Management of fire department vested in a
board of four commissioners; terms of
commissioners; vacancies; how filled.
2476-18. President and secretary of board.
2476-19. Quorum; vote on appointment to be re-
corded.
2476-20. Meetings of board.
2476-21. Record of proceedings.
2476-22. Board to prescribe duties and make rules
for government of force.
2476-23. No member of force to be interested in con-
tract.
2476-24. Board to make repairs, purchase supplies,
etc.
2476--25. Board to certify to council levy for support
of department; board 'has no power to
incur liability beyond amount levied.
2476-26. Board to appoint chief and other officers.
2476-27. City council to fix salaries on recommenda-
tion of board.
2476-28. Report of board and chief of department.
2476-29. Fire alarm.
2476-30. Upon appointment of board, city council
to turn over property.
2476-31. Teams and employes of Xenia fire depart-
ment may be put to work.
2477(1). Application of this subdivision.
2477(2). Application of statutory provisions.
·
1:41
Tit. XII.
FIRE DEPARTMENT.
Div. 8, Ch. 2.
SECTION.
FIREMEN'S PENSION FUND IN CINCINNATI.
2477-1. Trustees of Cincinnati firemen's pension
fund.
2477-2. Composed of whom; how elected.
2477-3. President and secretary.
2477-4. Duties of county treasurer in certain coun-
ties.
2477-5. Failure of insurance companies to make re-
turn.
2477-6. Duty of county auditors.
2477-7. County treasurer to deliver certain state-
ment to trustees of pension fund.
2477-8. Power of commissioners to impose fines.
2477-9. Treasurer to give bond.
2477-10. Board of trustees may invest funds.
2477-11. When members of fire department may
draw upon fund.
2477-12. Pension in case of partial disability.
2477-13. When members of fire department may be
retired.
2477-14. Pension fund exempt from execution and
process before or after its distribution.
IN CLEVELAND.
2477-15. Cleveland board of trustees of the firemen's
pension fund.
2477-16. Election of three trustees: place; ballots;
count; return; declaring result; certifi-
cates; tie vote; formality not required.
2477-17. President and secretary of board; record of
proceedings to make all rules; to pass on
applications.
2477-18. Foreign insurance companies; tax on ap-
plied to such fund.
2477-19. Failure of such companies to make return
of gross receipts; penalty; duty of county
auditor; penalty for neglect.
2477-20. Duty of auditor to deliver statement of such
gross receipts, etc., to board; penalty for
neglect.
2477-21. Duty of treasurer respecting statement of
such taxes, etc.; penalty for neglect.
2477-22. Other revenues of such fund; fines, gifts,
etc.; penalties; fees; devises, etc.
2477-23. Members of fire department to be assessed
with a certain limit; assessments in
general.
2477-24. City treasurer's bond.
2477-25. Power to invest said fund in bonds; regis-
tering said bonds; annual report.
2477-26. Beneficiaries of such fund; members and
cadet employes disablvd in performance
of duty; parents, widows and minor
children of members killed when on
duty, or dying from disease, etc.; same if
killed after less than 10 pears' service;
same if permanently disabled after less
than 10 years' service.
2477–27. Partial payments when bonds and cash in
fund not sufficient to meet all demands.
2477-28. Payments: how vested; limitation of pen-
sions; pensions of dependent parent.
2477-29. Act to apply to present pensioners, except
widows and children of deceased mem-
bers.
2477-30. Pension, how paid; may be reduced, etc.
2477-31. Pension not liable to attachment, execu-
tion, etc.
IN COLUMBUS.
2477-32. Board of trustees of the firemen's pension
fund in Columbus.
2477-33. Appointment.
2477-34. Expiration of term of appointed member.
2477-35. Vacancy.
2477-36. Election of members.
2477-37. Term.
2477-38. Organization.
2477-39. Meetings.
2477-40. Tax on foreign insurance companies applied
to said fund.
2477-41. Failure of such companies to make return
of gross receipts: penalty: penalty for
neglect of duty by auditor of Franklin
county.
2477–42. Annual statement by such auditor: penalty
for neglect.
SECTION.
2477-43. Annual statement by treasurer of Franklin
county.
2477-44. Other revenues of pension fund; perma-
nent fund.
2477-45. Bond of city treasurer.
2477-46. Investment of pension funds in bonds; reg-
istry of bonds; custodian of bonds; an-
nual report of board.
2477-47. Beneficiaries of fund; member of fire de-
partment permanently disabled in per-
formance of duty of those killed, etc.
2477-48. Member partially permanently disabled in
performance of duty on or before the end
of ten years' service.
2477-49. Member retired.
2477-50. Pension fund not liable to attachment, exe-
cution, etc.; "member of fire depart-
ment" defined.
IN CITIES OF THE THIRD GRADE OF THE FIRST CLASS, AND
OF THE THIRD GRADE OF THE SECOND CLASS.
2477-51. Board on trustees of firemen's pension fund
in certain cities.
2477-52. Election of three trustees; place of election:
time; pallots; count and canvass; return
declaring result; certificates; tie vote;
formality not required.
2477-53. President and secretary of board ; record of
proceedings; report.
2477-54. Tax on foreign insurance companies to be
paid to fund; proviso.
2477-55. Failure of such companies to make return
of gross receipts; penalty; duty of county
auditor; penalty for neglect.
2477-56. Duty of auditor to deliver statement of such
gross receipts, etc., to board; penalty for
neglect.
2477-57. Duty of auditor to deliver semi-annual
statement of taxes paid, etc.; penalty for
neglect.
2477-58. Other revenues of such fund; fines, gifts,
etc.; permanent fund.
2477-59. City treasurer's bond.
2477-60. Power to invest said fund in registered
bonds; annual report of trustees.
2477-61. Beneficiaries of such fund; payments to.
2477-62. Payments not subject to attachment, execu-
tion, etc.
DISABLED FIREMEN IN CITIES OF THE SECOND GRADE.
OF THE FIRST CLASS.
2477-63. In certain cities, one-half of tax received
from foreign insurance companies to be
paid for support of disabled 'firemen.
2477-64. Board of the trustees of firemeu's reliet
fund; president and secretary; invest-
ment of the fund; custody of securities
in Cincinnati.
2477-65. Beneficiaries of firemen's relief fund.
2477-66. Board to hear and decide application.
IN CITIES THIRD GRADE SECOND CLASS.
2477-67. Board of trustees of the firemen's pension
fund in cities third grade second class.
2477-68. Election of trustees; term, etc.
2477-69. Organization; record; report.
2477-70. Tax on foreign insurance companies ap-
plied to pension fund.
2477-71. Notice of failure of insurance company to
make return, and penalty for such delin-
quency.
2477-72. Auditor's annual statement of names and
gross receipts; penalty for failure.
2477-73. Auditor's semi-annual statement of taxes
paid; penalty for failure.
2477-74. Other revenue of such fund; permanent
fund.
2477-75. City treasurer's bond.
2477-76. Power to invest fund in registered bouds;
annual report.
2477–77. Beneficiaries of fund; member of depart-
ment permanently disabled; dependents
of deceased members.
2477-78. Member partially permanently disabled.
2477-79. Member retired.
2477-80. Exemption from attachment, execution,
etc.
1242
§§ 2436-2439.
SECTION
FIRE DEPARTMENT.
SECTION
Tit. XII, Div. 8, Ch. 2. .
SPRINGFIELD.
2477-81. Board of trustees of pension fund.
2477-82. Election of trustees: time, etc.
2477-83. Organization; record: report; duties of
treasurer; bond of treasurer; same per-
son may act as treasurer and secretary.
2477-84. Tax on foreign insurance companies applied
to fund.
2477-85. Notice of failure of insurance companies to
make return and penalty for such de-
linquency.
2477-86. Auditor's annual statement of names and
gross receipts; penalty for failure.
2477-87. Auditor's semi-annual statement of taxes
paid; penalty for failure.
2477-88. Other revenues of such fund; permanent
fund.
2477-89. City treasurer's bond.
2477-90. Power to invest fund; annual report.
2477-91. Beneficiaries of fund.
2477-92. Member partially permanently disabled.
2477–93. Member retired.
2477-94. Exemption from attachment, etc.
SUBDIVISION I. IN CITIES OF THE FIRST GRADE OF THE FIRST CLASS.
No liability attaches to a municipality in the absence of a statutory provision for the negligent acts of
its fire department or the members thereof: Frederick, administratrix v. Columbus, 39 W. L. B. 408; 58 O. S. 538.
Neither is there any liability for failing to notify the members of the department of defects in the appa-
ratus, known to itself, or for neglecting to instrust them in the proper use of the apparatus: Id.
SEC. 2436. [Board in Cincinnati; how constituted; terms; salary,
etc.] In cities of the first grade of the first class, the management and con-
trol of the fire department shall be vested in a board of fire trustees, composed
of four (4) members, who shall be electors of such cities, well known for their
intelligence and integrity, to be appointed by the mayor. At the first appoint-
ment of such trustees, they shall be designated to serve one, two, three and
four years, respectively, from the date of their appointments. At the expira-
tion of each of said terms, the appointment of successors shall be for a term
of four (4) years. All vacancies shall be filled for the unexpired term only.
Not more than two of such trustees shall, at any time, be of the same political
Said
party. They shall receive a compensation of $1,000.00 per annum.
trustees shall have all [the] powers and perform all the duties which were
heretofore vested in and required of the board of fire commissioners of such
cities, which board, upon the appointment and qualification of the board of
fire trustees, is hereby abolished, and said board of fire trustees shall in all
respects be held and taken to be the successor of said board of fire commis-
sioners. [88 v. 228; 75 v. 5, § 1.]
Appointments under 2436 must be made by first Monday of May; removal of same
and charges, ? (2690o).
For "
an act to create a board of trustees of the firemen's pension fund in cities of the
first grade of the first class" (86 v. 149), see ? (2477-1) et seq.
SEC. 2437. [Officers of board.] The board shall annually elect one of
its members as president, who shall preside at all meetings. Regular meetings
shall be held at least twice each month, and oftener if deemed necessary by the
president. Special meetings may be held on the call of three of the members,
and notice shall be served upon the members of the board of all meetings,
whether regular or special. [75 v. 6, §§ 2, 3.]
SEC. 2438. [Record of proceedings.] The board shall cause accurate
record to be made of all their proceedings, which shall be received as evidence
when certified by the secretary. A majority of the members shall be necessary
to order the expenditure of money, or to make any contract, and the vote
thereon shall be taken by the yeas and nays, and entered on the minutes.
175 v. 6, § 3.]
SEC. 2439. [Fire department: rules and regulations of.] The board
may make from time to time such rules and regulations for the government of
the department as may be found necessary, which shall have the force and effect
of ordinance when approved by the common council. All officers and firemen
shall be alternately relieved from duty for the space of twenty-four hours, in
each week, without loss of pay, under such rules and regulations and subject
to such restrictions as the board of fire commissioners may find necessary to
maintain at all times the efficiency of the department. [1884, April 14: 81 v.
197; Rev. Stat. 1880; 75 v. 7, $3.]
Section 2439 referred to in the Cleveland governmental act, ? (1545-84).
1243
Tit. XII, Div. 8, Ch. 2.
FIRE DEPARTMENT.
§§ 2440-2443.
SEC. 2440. [Appointment of fire marshal and other officers; salaries.]
The board shall have power to appoint a fire marshal, who shall be the execu-
tive officer of the board, and have the active management of the fire depart-
ment when in service, and such number of assistant fire marshals as may, in
the judgment of the board, be required for an effective management of the
department, whose terms of office shall be three years, and until their success-
ors are elected and qualified. And the board shall appoint such other officers
and employes as may be necessary for the efficient management of the depart-
ment, who shall hold their positions until removed by death, resignation, or
for incompetency, inefficiency, permanent disability, insubordination, or viola-
tion of a rule or regulation of the department. No member or officer shall be
appointed or removed on account of his religious or political opinion, nor shall
any officer or member participate in political conventions, or primary convoca-
tions of any political party whatever. The board shall fix the salaries and
prescribe the duties of the fire marshal, assistants, and of all officers and
members of the department, provided, however, that as to the following officers
and members of the department the annual salaries shall be fixed within the
following prescribed limits, viz.: Fire marshal, not less than $3,000, nor more
than $3,500; first assistant fire marshal, not less than $2,000 nor more than
$2,500; other assistant fire marshals, not less than $1,800, nor more than $2,200 ;
secretary, not less than $1,800, nor more than $2,200; assistant secretary, not
less than $1,080, nor more than $1,150; captains, not less than $1,260, nor more
than $1,400; lieutenants, not less than $1,116, nor more than $1,200; engineers,
not less than $1,200, nor more than $1,350; stokers or assistant engineers, not
less than $1,080, nor more than $1,150; pipemen, truckmen, linemen, or re-
pairers, drivers and plugmen, not less than $1,080, nor more than $1,150; assist-
ant superintendent of fire alarm telegraph, not less than $1,600, nor more than
$1,800; operators, not less than $1,140, nor more than $1,200; assistant oper-
ators, not less than $600, nor more than $900; and the said annual salaries
shall be payable semi-monthly. [93 v. 377; 88 v. 366; 75 v. 6, § 2.]
SEC. 2440a. [Issue of bonds.] When a deficiency occurs in the fire
fund of any such city by reason of the salaries provided for in the preceding
section the board of fire trustees may communicate the amount of the probable
deficiency to the board of administration of such city, and it shall thereupon
be the duty of said board of administration to issue bonds of said city pay-
able in not less than ten years and not more than twenty years from the date
of their issue, with interest at 4 per cent. per annum, in an amount not to ex-
ceed $25,000 to meet such deficiency; and the said bonds shall be signed by
the mayor of such city, the president of the board of administration, and the
city auditor, and shall be secured by the pledge of the faith and credit of
the corporation for the payment of such bonds and the interest thereon. [88
v. 366.]
SEC. 2441. [Powers of board.] The board may make all necessary
repairs of houses, engines, or other apparatus belonging to the department,
purchase necessary supplies, locate and build such fire cisterns and plugs as it
may deem necessary for the better protection of the property of such city; pro-
vided, that for all contracts exceeding one thousand dollars in amount, the
approval of the common council shall first be obtained. [75 v. 7, §§4, 5.]
SEC. 2442. [Members not to be interested in contracts, etc.] No com-
missioner or other officer of the board shall be interested in the profits of any
contract, and no officer or employe shall have power to incur any liability on
account of the board, unless expressly authorized to do so at a meeting of the
board. [75 v. 7, §4.]
SEC. 2443. [Board to advertise for proposals.] At least ten days'
notice shall be given in some newspaper of general circulation in the corpora-
1244
1
SS 2444-2445c.
FIRE DEPARTMENT.
Tit. XII, Div. 8, Ch 2.
tion, of the reception of proposals for the performance of any contract exceed-
ing one thousand dollars in amount. Such contract shall be awarded to the
lowest bidder, who shall furnish satisfactory security for the performance of
the same. All contracts exceeding one thousand dollars in amount, shall be
subject to the approval of the common council. [75 v. 7, §4.]
SEC. 2444. [Necessary levy to be certified to auditor.] The board
shall annually certify to the city auditor, at the time prescribed by law, the
amount necessary to be levied on the tax-list for the support of the department
for the ensuing year, and so much thereof as may be allowed by the finance
committee of the common council shall form a part of the levy, and be used
exclusively for the use of the board of fire commissioners, and shall be certified
to the treasurer of such city by the auditor thereof as the fire commission fund,
and shall be held by such treasurer as other city funds, subject only to the
order of the board, as herein provided. [75 v. 7, §5.]
SEC. 2445. [Disposition of interest on fire commission fund.] Any
interest received from the deposit of said fund shall be credited to the fund,
and, until such tax is collected, the salaries of officers and members and other
necessary expenses shall be paid out of the fund that otherwise would be
used for fire department purposes. [1888, March 3: 85 v. 57; 81 v. 197;
Rev. Stat. 1880; 75 v. 7, §5.]
SEC. 2445a. [Commissioners may expend money to establish new com-
panies.] That in cities of the first grade of the first class, the board of fire com-
missioners, in addition to the powers already possessed by them, shall have
power under the provisions hereof to expend in purchasing sites, building
engine houses, purchasing the necessary engines, horses, hose, reels, ladders and
all other necessary apparatus and equipments for establishing new fire com-
panies, a sum not to exceed one hundred and fifty thousand dollars ($150,-
000.00). [1888, March 3: 85 v. 57.]
SEC. 2445b. [Issue of bonds to meet such expenditure.] That to pro-
vide funds to meet such expenditure, the board of public affairs of such city
shall, forthwith, upon receiving orders from said board of fire commissioners,
certified to by its president and clerk, and from time to time and as often as
the board of fire commissioners think necessary, issue the bonds of such city
to an amount not to exceed in the aggregate the sum of one hundred and fifty
thousand dollars ($150,000.00). Said bonds shall be made payable at such time.
and shall bear interest at such rate not to exceed four per cent. per annum, as
said board of public affairs shall determine. Said bonds shall be signed by the
president of such board of public affairs and the mayor of such city, and be
attested by the comptroller of such city, and shall be secured by the pledge of
the faith of such city, and a tax which it shall be the duty of the council of
such city, annually to levy upon the taxable property of such city, and certify
the same to the county auditor upon a certificate to that effect from the trust-
ees of the sinking fund of such city as to the amount necessary to pay the
interest thereon, and to provide a sinking fund for the final redemption of said
bonds. Said tax shall be in addition to the amount now authorized to be levied
for municipal purposes. [1888, March 3: 85 v. 57.]
SEC. 2445c. [Sale of bonds; disposition of proceeds.] Said board of
public affairs shall receive bids for said bonds from time to time, as they may
receive orders from said board of fire commissioners to issue the same, and after
advertising the same, as required by law, shall sell the same for not less than
their par value with accrued interest to the highest bidder. The money aris-
ing from the sale of said bonds shall be placed in the city treasury to the
credit of the fire department and used for the purposes of establishing new fire
companies, as provided in section two thousand four hundred and forty-five (a), and
1245
Tit. XII, Div. 8, Ch. 2. FIRE DEPARTMENT.
S$ 2446-2451.
shall be drawn out upon the order of the board of fire commissioners, which
board shall have sole control of the expenditure of the funds provided for by
this act for the purposes indicated therein. [1888, March 3: 85 v. 57, 58.j
SEC. 2446. [Limitation on power of board of fire commissioners; ap-
plication of proceeds of certain lands.] The board shall have no power to
incur any liability on behalf of the city beyond the amount levied or appro-
priated to its order by the common council, and the purchase of any additional
ground, building any new house or apparatus, or the establishment of a new
company, and the sale of any real estate which, in the opinion of the board
should be sold, shall be made by the common council only upon the recom-
mendation of the board. Provided, that in case of sale of real estate not needed
or used by the fire department, as herein provided, the proceeds thereof shall
be placed in the fire department fund, and be expended only for the purchase of
any additional ground, building any new house or apparatus, or the establish-
ment of a new company as herein provided. [1885, May 4: 82 v. 242; Rev.
Stat. 1880; 75 v. 7, §5.]
SEC. 2447. [How payments made out of fund.] All payments from
the fire department funds shall be ordered at a meeting of the board, and shall
be made by the treasurer of the city upon the warrant of the city auditor,
which shall be drawn in accordance with the order of the board, and certified
to in such manner as it may prescribe. [75 v. 8, §5.]
SEC. 2448. [Fire-alarm telegraph.] The fire alarm telegraph shall be
attached to the fire department, and under the control and subject to the regu-
lations of the board of fire commissioners; and the fire marshal, by virtue of
his office, shall be superintendent thereof. The board may appoint such opera-
tors and employes as may be necessary for the management of such alarm tele-
graph. [75 v. 8, § 6.]
SEC. 2449. [Fire marshal and assistants to act as fire wardens.] The
fire marshal and assistants shall act as fire wardens, under the direction of
the board, and may enter and examine any building in which fire is used, and
condemn the same, if it be considered dangerous to the public safety; and
whenever complaint is made of the dangerous condition of any building or
part thereof, they shall immediately examine the same and cause the proper
measures to be taken to put it in a safe condition. They shall also examine
into the condition of any building reported unsafe, or in process of erection in
violation of law, and when they deem it necessary, notify the owner to rebuild
the same, in default of which they may compel compliance upon the part of
such owner by suit in any court of competent jurisdiction. [75 v. 8, § 7.]
SEC. 2450. [Duties of fire wardens.] The fire wardens shall make
prompt examination into the cause of every fire occurring within the city
limits, and for this purpose are hereby authorized to issue process for and com-
pel the attendance of witnesses and the production of books and papers,
administer oaths, and take testimony, the material points of which shall be
carefully entered in a record to be kept for that purpose. [75 v. 8, $ 7.]
SEC. 2451. [Board of examiners of unsafe buildings.] In cities of the
first and second class there shall be a board of examiners of insecure and
unsafe buildings, which board shall consist of the mayor, fire marshal and
assistant fire marshals; and if in any city there be no fire marshal, or assistant,
then the city council shall appoint three suitable persons, who with the mayor,
shall constitute such board. [1881, March 22: 78 v. 76; Rev. Stat. 1880; 76 v.
154, § 1.]
In Springfield the board of public affairs acts as such examiners under 2451 to 2453,
see (1545-247).
1246
$2452.
FIRE DEPARTMENT.
Tit. XII, Div. 8, Ch. 2.
Board of public affairs in Portsmouth to exercise duties of board of examiners as to
insecure and unsafe buildings, see ? (1707ƒ—16).
SEC. 2452. [Their powers and duties.] Whenever such board is
informed that any building or structure, erected or in process of erection, is
unsafe, or in a condition or situation to endanger the lives of persons passing
by or residing in the vicinity thereof, or to endanger property, it shall forth-
with proceed to have made a survey or examination of such building or struct-
ure, and if it appear that the same is unsafe, or in a condition or situation to
endanger the lives of persons or to injure property, they shall cause the owner
thereof, or his agent, to be notified to have the same removed, taken down, or
otherwise properly secured, within a certain specified time, in the discretion of
the board, after such notice is served or left at the last place of residence of
such person; and should such person fail to comply with such notice, he shall
be deemed guilty of a misdemeanor, and upon conviction thereof, in the police
or other court having jurisdiction, be fined in any sum not more than five
hundred nor less than twenty-five dollars, at the discretion of the court; and
if such person, after a second notice is so served, fail or neglect to comply there-
with, said board of examiners shall proceed forthwith to have such building or
structure demolished, or so much thereof as may be necessary for the safety of
persons or property, as the case may be. [76 v. 154, § 2.]
For "an act to prevent the erection of dangerous buildings for public use" (86 v. 381),
see (4238-1) et seq.
SEC. 2453. [Cost of demolishing, how paid and reimbursed.] When
a building or structure is demolished by the board of examiners, the cost shall,
in the first instance, be paid by the city out of the general fund, upon a proper
voucher for the amount signed by the mayor and fire-marshal; and the auditor,
upon the certificate of the fire-marshal, approved by the mayor, shall make out
bills for the cost of demolishing such building or structure, or any part thereof,
against the owner or agent thereof, and if such bills are not paid upon presen-
tation by the auditor, or within ten days thereafter, the city solicitor shall forth-
with institute suit for the same as in case of other debts due the city; and the
amount of such bills shall be a first lien on the property until the same is paid;
and the amount, when paid, shall be credited to the general fund. [76 v.
[76 v. 154,
§3.]
SEC. 2454. [Secretary of the fire department to be secretary of the
board: his duties.] The secretary of the fire department shall act as secretary
for the board of examiners, and keep a correct record of the proceedings of said
board, in suitable books for that purpose, which shall be under his control, but
open to inspection at all times during business hours. [76 v. 154, § 4.]
(2454-1) SEC. 1. [Leave of absence for officers and members of
force.] In cities of the first grade of the first class all officers and members of
the fire department shall be alternately relieved from duty for the space of
twenty-four hours once in every eight days, without loss of pay; and shall be
further allowed a leave of absence for twelve consecutive days in each year
without loss of pay, under such rules and regulations and subject to such re-
strictions as the board of fire trustees may find necessary at all times to main-
tain the efficiency of the department. [93 v. 479.]
(2454-2) SEc. 2. [Appropriation therefor.] To provide a fund to
meet any deficiency in the appropriation for the fire department which may
be caused in any city by the passage of this act, upon the filing of a certificate
by the board of fire trustees setting forth the amount of such deficiency the
board of administration or its successors shall recommend to the board of legis-
lation and the board of legislation shall appropriate from the contingent fund
of such city, such sum not exceeding ten thousand ($10,000) dollars, in any
one year, as may be necessary to supply such deficiency. [93 v. 479.]
1247
Tit. XII, Div. 8, Ch. 2.
FIRE DEPARTMENT.
§§ 2455-2462.
SUBDIVE ON II. IN CITIES OF THE SECOND GRADE OF THE FIRST CLASS.
All powers under this act are now vested in the director of fire service, see 2(1545-52).
Part of tax on foreign insurance companies to go to firemen's pension fund in Cleve-
land, see ? (1945–2).
SEC. 2455. [Board of fire commissioners in Cleveland. 86 v. 277; 83
v. 184; repealed by Cleveland governmental act, see § (1545—48) & (—85).]
For "
an act to provide for the relief of disabled firemen in cities of the second grade
of the first class" (77 v. 309 and amendments), see (2477-63) et seq.
For an act to create a board of trustees of the firemen's pension fund in cities of the
second grade, first class" (83 v. 108), see ? (2477—15) et seq.
SEC. 2456. [Vacancy, how filled.] When a vacancy occurs by death,
resignation, or otherwise than by expiration of term of office, the council shall
fill the vacancy. [73 v. 76, § 2.]
SEC. 2457. [Officers of board.] The board shall, annually, elect one of
its number president; and it shall also, at the same time, elect some suitable
person, not a member of the board, secretary, who shall serve for the period of
four years, and until a successor is elected. [73 v. 76, § 3.]
SEC. 2458. [Quorum.] A majority of the members of the board shall
constitute a quorum for the transaction of business; but no election of officers,
or appointment of men shall be valid unless approved by a majority of all the
members; and the vote as given shall be duly recorded by the secretary. [73 v.
76, §3.]
SEC. 2459. [Regular and special meetings.] The board shall hold
regular meetings at least twice each month, and oftener if deemed necessary;
and special meetings may be called by the president of the board, or any three
members, notice of which special meetings shall be served upon the members
in person, or by leaving written or printed notices of the same at their places
of residence. [73 v. 77, §4.]
SEC. 2460. [Powers of board.] The board may make all necessary
repairs of houses, engines, or other apparatus belonging to the department, pur-
chase all necessary supplies, locate and build such fire cisterns and plugs as it
may deem necessary for the better protection of the property of such cities,
and contract in the name of the city for new houses, cisterns, or apparatus; pro-
vided, that all contracts exceeding five hundred dollars in amount, shall require
the approval of the council. [73 v. 77, $$ 5, 6.]
As to the veto power of the mayor of Cleveland over such expenditures, see ?(1666-2).
SEC. 2461. [Contracts exceeding five hundred dollars: how awarded.]
At least ten days' notice shall be given in some newspaper of general circulation
in the city, of the reception of proposals for the performance of any contract
exceeding five hundred dollars in amount; such contracts shall be awarded to
the lowest and best bidder who furnishes satisfactory security for the perform-
ance of the same; and all contracts exceeding five hundred dollars shall be sub-
ject to the approval of council. [73 v. 77, $5.]
SEC. 2462. [Necessary levy to be certified to auditor.] The board
shall annually certify to the city auditor, at the time prescribed by law, the
amount necessary to be levied on the tax-list for the support of the department
for the ensuing year, and shall have no power to incur any liability on behalf
of such cities beyond the amount so levied or appropriated to their order by
the council; and all claims on account of the fire department shall be approved
by the board and certified to the city auditor, who shall place the same in the
next ordinance for the payment of claims; and the same shall be paid by the
city treasurer on the order of the city auditor in the manner provided for the
payment of other claims. [73 v. 77, § 6.]
1.248
་་
§§ 2463-2466.
FIRE DEPARTMENT.
Tit. XII, Div. 8, Ch. 2.
SEC. 2463. [Appointment of executive officers and employes; terms;
removals; annual leave of absence.] The board may appoint an executive
officer who shall be known as the chief of fire department, who shall have the
active management of the department in service and such number of assist
ants as may be deemed necessary, who shall serve during good behavior, and
not be removed except for the causes hereinafter mentioned, for the removal of
other officers, and after hearing and trial before the board; and they shall also
appoint such other officers and employes as my be necessary for the efficient
management of the department, who shall hold their positions until removed
by death, resignation, or for incompetency, inefficiency, permanent disability,
insubordination, or violation of any of the rules or regulations of the depart
ment, but no member shall be appointed or removed on account of his religious
or political opinions, and they shall allow a leave of absence of twelve days in
each year, in addition to that already allowed by section two thousand four hun-
dred and thirty-nine, to each officer and member of the department and without
loss of pay; provided, that the persons serving in the department at the pas-
sage of this act shall not be removed except as herein before mentioned. [1888,
April 16: 85 v. 335; 85 v. 100; Rev. Stat. 1880; 73. 78, §7.]
The act of 1888, April 16 (85 v. 335), which is the last amendment of 2463, repeals,
by an evident mistake, 2364, instead of 2463 as amended March 22, 1888 (85 v. 100).
The twelve days' absence in the year is not affected by the Cleveland governmental
act, see (1545-84).
Under the act of 1874 (71 v. 38), the board was invested with power to dismiss members of the depart-
ment for cause; and having removed the chief of the department for incompetency, it could not be com-
pelled by mandamus to restore him to his former position: State v. Commissioners, etc., 26 O. S. 24.
(2463-1) [Providing for leave of absence of members of fire de-
partment in certain cities.] Officers and members of all regularly established
fire departments, in every city of the first, third and fourth grades of the sec-
ond class, shall have leave of absence twelve days in each year, without loss
of pay, and the city council may provide by ordinance or resolution for such
leave of absence. [1889, April 10, ‍86 v. 233; 86 v. 63.]
Act relieving Cleveland firemen from duty twelve hours each day (89 v. 122) was re-
pealed, 89 v. 204.
SEC. 2464. [To prescribe duties and fix salaries of officers, etc.; of-
ficers, etc., not to participate in political campaigns.] The board shall pre-
scribe the duties of all officers and members of the department; and no officer
or member shall actively participate in the political campaign or conventions
of any political parties whatever, but the right of each officer and member to
vote at any election as he may for himself determine, shall remain inviolate.
[73 v. 78, §7.]
SEC. 2465. [Fire-alarm telegraph.] The fire alarm telegraph attached
to the fire department, shall be under the control and subject to the regulations
of the board, and the chief of the fire department shall, by virtue of his office,
have a general control of the same, the board having power to appoint a super-
intendent thereof; and the board may appoint such number of operators and
other employes as may be necessary for the management of such telegraph.
[73 v. 78, § 8.]
SEC. 2466. [Chief and assistants to act as fire wardens; unsafe build-
ings. The chief and assistants shall act as fire wardens, under the direction
of the board, and shall have power to enter and examine any building in
which fire is used, and may condemn the same if it be considered dangerous
to the public safety; and whenever complaint is made of the dangerous con-
dition of any building or part thereof, it shall be their duty to immediately
examine into the same, and cause the proper measures to be taken to put it in
a safe condition; and they shall also examine into the condition of any build-
ing reported unsafe, or being erected in violation of law, and shall notify the
1249
Tit. XII, Div. 8, Ch. 2.
FIRE DEPARTMENT.
§§ 2467-2469.
owners thereof, if found unsafe, to rebuild the same, in default of which they
may bring suit against the owners in any court having competent jurisdiction.
[70 v. 190, §7.]
For "an act to prevent the erection of dangerous buildings for public use (86 v. 381),
see ? (4238—1) et seq.
SEC. 2467. [Fire wardens, medical officer, veterinary surgeon in
Cleveland; appointment and salaries; present incumbents; future ap-
pointments.] In all cities of the second grade of the first class there shall be
appointed not less than two nor more than four special fire wardens with an-
nual salaries the same as that paid engineers of the fire force, said wardens to
be chosen from any members of the fire department regardless of time, stand-
ing or position in said department; one medical officer with an annual salary
the same as that paid engineers of the fire force; one veterinary surgeon with
an annual salary the same as that paid engineers of the fire force, each to be
under the control and subject to the rules and regulations of the department
of fire; provided, that the persons serving in such capacities in the department
at the passage of this act shall not be removed, and no further appointments
shall be made hereunder, except in the same manner and under the rules and
regulations providing for the appointment, removal and discharge of other mem-
bers of the fire force, as provided in sections 24 and 50 [§§(1545-24), (-51)] of
an act of the general assembly of the state of Ohio, passed March 16, 1891, en-
titled "An act to provide for a more efficient government for cities of the second
grade of the first class," as amended April 2, 1891. [93 v. 90; 73 v. 78, § 10.]
SEC. 2468. [Officers and salaries in Cleveland.] In all cities of the
second grade of the first class there shall be one chief of the fire department
whose salary shall be not less than thirty-five hundred dollars nor more than
thirty-six hundred dollars per annum; and a first, second, third, fourth, fifth
and sixth assistant chief, each of whom shall receive a salary of eighteen hun-
dred dollars per annum; and other members of such department not otherwise
provided for by law shall receive the following annual salaries: Captains not
less than ten hundred and eighty dollars nor more than fifteen hundred dollars;
engineers not less than ten hundred and eighty dollars nor more than fifteen
hundred dollars; lieutenants not less than nine hundred and sixty dollars nor
more than thirteen hundred and fifty dollars; assistant engineers not less than
nine hundred and sixty dollars nor more than thirteen hundred and fifty
dollars; chief operator not less than twelve hundred dollars nor more than
fifteen hundred dollars; operators not less than nine hundred and sixty dollars
nor more than thirteen hundred and fifty dollars; store-keeper not less than
nine hundred and sixty dollars nor more than thirteen hundred and fifty dol-
lars; firemen not less than nine hundred dollars nor more than twelve hun-
dred dollars; linemen not less than nine hundred and sixty dollars nor more
than twelve hundred dollars; superintendent of machinery not less than thir-
teen hundred dollars nor more than eighteen hundred dollars; secretary not
less than sixteen hundred dollars nor more than two thousand dollars; the pay
in all cases except as otherwise provided to be fixed by the city council and
the salaries to be paid semi-monthly to the persons entitled thereto. [93 v.
394; 92 v. 427; 84 v. 107; Rev. Stat. 1880; 73 v. 79, § 11.]
SEC. 2469. [Provisions in subdivision one made applicable to this.]
Sections twenty-four hundred and thirty-eight, twenty-four hundred and thirty-nine,
twenty-four hundred and forty-two, and twenty-four hundred and fifty relating to
cities of the first grade of the first class, are hereby made applicable to cities
of the second grade of the first class, as though said sections were in this sub-
division repeated.
In Columbus the board of public works have the powers of the board of five commis-
sioners, see? (1545-174).
80
1250
$2470.
FIRE DEPARTMENT.
Tit. XII, Div. 8, Ch. 2.
In Springfield the board of police and fire commissioners have these powers, see
? (1545-208) et seq.
In Akron and Youngstown the board of city commissioners have these powers, see
? (1545—276) et seq.
In Dayton, see ? (2476—17).
In Hamilton, see ? (1545-295).
In Toledo, see ? (2476-1).
In Portsmouth, see ? (1707ƒ—29).
SUBDIVISION III. IN VILLAGES AND CITIES GENERALLY, AND HEREIN OF FURTHER
PROVISIONS RELATING TO CITIES OF THE FIRST AND SECOND GRADES OF THE
FIRST CLASS.
SEC. 2470. [Powers of council as to fire department.] The council of
any city or village shall have power to establish all necessary regulations to
guard against the occurrence of fires, and protect the property and lives of the
citizens against damage and accidents resulting therefrom; and for this purpose,
to establish and maintain a fire department, and provide for the establishment
and organization of fire engine and hose companies, and provide such by-laws
and regulations for the government of such companies as may be deemed
necessary and proper: provided, that no active volunteer fireman, or one who
has served five years consecutively as a volunteer fireman, shall be required to
serve on juries, or perform military duty in time of peace, or labor on the high-
ways. [67 v. 76, §326; 69 v. 54, §1.]
Board of public affairs in Portsmouth to have charge of fire department, see
? (1707f-29).
For "an act to authorize certain cities of the second class to erect a building for the use
of the fire department," etc.-Massillon, see 78 v. 79.
For "an act to provide for the relief of disabled firemen in cities of the second grade,
first class" (80 v. 86), see? (2477-63) et seq.
For "
an act to authorize cities of the first grade of the second class (Columbus) to bor-
row money and issue bonds for the purpose of finishing and equipping fire engine houses
in such cities" (84 v. 11).
For "
an act providing for leave of absence of members of fire department in certain
cities" (86 v. 63), see ? (2463—1)
The power thus conferred is legislative and governmental, and not merely ministerial, and hence a
municipal corporation is not liable for damages resulting from failure to provide agencies for extinguishing
fires, or negligence of officers of the fire department: Wheeler v. Cincinnati, 19 O. S. 19; Western College
Cleveland. 12 O. S. 375.
(2470-1) SEC. 1. [Fire department to be controlled by water-works
board in Middletown.] In all cities of the second class, fourth grade, having
at the last federal census a population of four thousand five hundred and
thirty-eight, and having a regularly organized board of water-works trustees,
the management and control of the fire department of such cities shall be
vested in such board of water-works trustees, who shall manage and control
such fire departments without extra compensation therefor. [87 v. 278.]
(2470-2) SEC. 2 [Board to make rules, etc.] That the said board of
water-works trustees shall prescribe the duties of the officers and members
of such fire departments, and from time to time make such rules and regula-
lations for the government of the same as may be found necessary, which
rules and regulations shall, when approved by the city council, have the force
and effect of ordinances. [87 v. 278.]
(2470-3) SEC. 3. [Repairs of apparatus, purchases, etc., to be
ordered by board.] That the said board shall make all necessary repairs of
all apparatus pertaining to the fire department of such cities, and shall pur-
chase all necessary horses, hose trucks, ladder trucks, hose, ladders, apparatus
and supplies, horse feed and other articles as may be found necessary, and
contract in the name of the city for the same, but no member of such board,
or officer, or employe thereof shall have the power to incur any liability unless
authorized to do so at a meeting of such board. [87 v. 278.]
1251
Tit. XII, Div. 8, Ch. 2.
FIRE DEPARTMENT.
§ (2470-4).
(2470-4) SEC. 4. [Balance in treasury subject to order of board.]
That any balance now in the treasury of such city be subject to the order of
the said board of water-works trustees, and be disbursed for the maintenance
of the fire department as the needs of said department require. [87 v. 278.]
(2470-5) SEC. 5. [Levy for fire department; to be certified to
council by board, etc.] That such board shall, on the last Friday of April
annually, certify to the city council the amount necessary to be levied on the
tax duplicate for the support of the fire department for the ensuing year, and
so much thereof as may be allowed by the city council (which shall not be
less than 1 mills on the dollar on the taxable propery in such city) shall form
a part of the tax levy to be placed to the credit of, and used exclusively for
the fire department; but such board shall have no power to incur any liability
on behalf of such city on account of the fire department beyond the amount so
levied and set apart, and all claims on account of the fire department shall be
approved by a majority of the board, and when so approved, shall be paid out
of the city treasury on the order of such board signed by the president and
clerk thereof. [87 v. 278.]
(2470-6) SEC. 6. [Chief; to be appointed by mayor, under ap-
proval of board; assistants.] That the mayor of such city shall appoint
one chief of the fire deparement, subject to the approval and confirmation of
said board of water-works trustees, and that such chief of fire department shall
appoint all such assistants and subordinate officers and members of the fire
department as are deemed necessary by the said board, all of which appoint-
ments shall be subject to the approval and confirmation of said board. Such
officers and members shall serve until the first Monday in May, 1891, or until
their successors are in like manner appointed and qualified, and thereafter such
officers and members of said fire department shall be appointed annually, in
like manner for one year, terminating on the first Monday in May, unless
sooner suspended or removed. [87 v. 278.]
(2470-7 SEC. 7. [Salaries; to be fixed by board.] That said board
shall have the power to fix the amount of salary and compensation paid to the
officers and members of such fire department, which shall not exceed for the
chief of fire department, $250 per annum; for assistant chief, $150 per annum;
for truck drivers, $728 per annum; for regular firemen, $100 per annum; for
members of salvage corps, $25 per annum, which salaries and compensation
shall be payable in equal monthly installments at the first regular meeting of
the board of each month. [87 v. 278.]
(2470-8) SEC. 8. [Chief; powers of; bond to be given by chief
and drivers of trucks.] The chief of the fire department shall have the
management and control of the fire department, under the direction and super-
vision of such board of water-works trustees, and the said chief of fire depart-
ment and all drivers of trucks, before entering upon their duties, shall enter
into bond with good and sufficient sureties, to be approved by the mayor, and,
shall take and subscribe an oath before the mayor to faithfully perform their'
duties as members of the said fire department. [87 v. 278.]
SEC. 2471. [To purchase fire engines, etc.] The council may also pur-
chase, for its own use, or for the use of such companies, all necessary fire engines,
either steam or hand, hose carriages and hose, and all such other apparatus and
instruments as shall be deemed necessary to the extinguishment of fires, and
establish lines of fire alarm telegraph within the limits of the corporation.
[66 v. 204, § 327.]
A municipal corporation is not liable to an individual for damages resulting from a failure to provide
the necessary agencies for extinguishing fires, or for negligence of officers and others connected with the fire
department, although the obligation to perform such duties is imposed by statute: Robinson v. Greenville.
42 0. S. 628.
See also Wheeler v. Cincinnati, 19 O. S. 19.
1252
§ 2472.
FIRE DEPARTMENT.
Tit. XII, Div. 8, Ch. 2.
SEC. 2472. [To erect necessary buildings, etc.] The council may also
provide or erect all necessary and suitable buildings, containing rooms for fire
engines, hose carriages, fire apparatus, and instruments, and for the meetings
of the fire and hose companies. [66 v. 204, § 328.]
SEC. 2473. [To regulate the erection of structures, etc.] The coun-
cil shall have power to regulate the erection of houses and business structures
and, on the petition of the owners of not less than two-thirds of the ground in-
cluded in any square, or half-square, prohibit the erection on any such square,
or half-square, of any building, or addition to any building more than ten feet
high, unless the outer walls be made of iron, stone, brick and mortar, or of some
of them, and to provide for the removal of any building or additions erected
contrary to such prohibition; and in cities of the first class the council may
prohibit, within such limits as it may deem proper, the erection of buildings,
unless the outer walls be constructed of iron, brick and mortar, or stone, brick
and mortar. [91 v. 124; 66 v. 204, §§ 329, 333.]
For building laws applicable to various cities and counties, see ? (2575-1) et seq.
The owner of a wooden building erected within the prescribed limits before the passage of the ordinance,
may lawfully move said building from one lot to another within the prescribed boundaries: Cleveland v.
Lenze, 27 O. S. 383.
SEC. 2474. [To invest fire engineer with power, etc.] The council
may invest the fire engineer, or any other officer of the fire or police department,
with the power, and impose on him the duty, to be present at all fires, investi-
gate the cause thereof, examine witnesses, and compel their attendance and
production of books and papers, and to do and perform all such other acts as
may be necessary to the effective discharge of such duties. [66 v. 205, § 330.]
As to the power of the mayor to remove a fire engineer: State ex rel. v. Bryson, 44 O. S. 469.
SEC. 2475. [Engineer, etc., may make arrests, etc.] Such officer shall
have power to administer oaths, make arrests, and enter, for the purpose of
examination, any building which, in his opinion, is in danger from fire; and
he shall report his proceedings to the council at such times as may be required.
[66 v. 205, § 331.]
SEC. 2476. [Compensation of such officer.] For his services herein
specified, such fire engineer or other officer shall receive such compensation as
the council may prescribe. [66 v. 205, § 332.]
TOLEDO.
(2476-1) SEC. 1. [Establishing board of four fire commissioners in
Toledo.] In every city of the third grade of the first class, the management
and control of the fire department shall be vested in a board of fire commis-
sioners, composed of four members, each having the qualifications of electors
of such city, and two of whom shall be appointed from each of the two leading
political parties by the mayor of each such city, subject to the approval and
confirmation of the common council thereof; the two of said commissioners
appointed from the same political party shall serve for one and three years
respectively, and the two of said commissioners appointed from the other
political party shall serve for two and four years respectively, and the term of
office of each shall continue until his successor is appointed, confirmed and
qualified as herein provided; and annually thereafter, the mayor, of each such
city, shall in like manner appoint, subject to the approval and confirmation of
the common council thereof, a commissioner of like qualifications and from
the same political party as the commissioner whom he is to succeed, whose
term of office shall be four years, and until his successor is selected and qualified
as provided herein. Any vacancy in said board shall be filled for the unex-
1253
Tit. XII, Div. 8, Ch. 2.
FIRE DEPARTMENT.
§ (2476—2).
pired term in the same manner and subject to all the conditions herein
provided for a full term commissioner; and all members of said board shall
take an oath of office and serve without compensation. [86 v. 54.]
(2476-2) SEC. 2. [President and secretary.] That the member of
said board having the shortest term to serve shall be the president thereof, and
the chief of the fire department shall serve as the secretary of said board and
as a part of his duty. [86 v. 54.]
(2476-3) SEC. 3. [Quorum.] That a majority of the members of the
board, three members thereof being always necessary to constitute a majority,
shall be a quorum for the transaction of business, but no appointment of men
shall be valid unless approved by a majority of the members of the board, and
the vote, in making such appointments, shall be by ayes and nayes and fully
recorded in the minutes of the secretary. [86 v. 54.]
(2476-4) SEC. 4. [Meetings.] That the board shall hold regular
monthly meetings; special meetings may be called by the president or any two
members of the board; and notice of each special meeting shall be served by
the secretary upon each member of the board in person, or by leaving a written
notice of the same at his place of residence. [86 v. 54.]
(2476-5) SEC. 5. [Proceedings.] That the board shall cause an ac-
curate record of its proceedings to be made in a book to be provided for that
purpose, all or any part of which, or a copy thereof, shall be received as evi-
dence when certified as correct by the president and secretary; and a major-
ity of the members of such board shall be necessary to order the expenditure
of money or to make any contract, and the vote thereon shall be taken by ayes
and nays, and entered upon the minutes. [86 v. 54.]
(2476-6) SEC. 6. [Duties, rules and regulations.] That the board
shall prescribe the duties of the officers and members of the department, and
from time to time make such rules and regulations for the government of the
force as may be found necessary, which said rules and regulations shall have
the force and effect of ordinances, when approved by the common council. [86
v. 54.]
(2476-7) SEC. 7. [Expenditures, how authorized.] That the board
shall make all necessary repairs of houses, engines, and other apparatus belong-
ing to the department, purchase all necessary supplies, and contract in the name
of the city for tools, hose and other equipments; but no commissioner, officer
or employe shall have the power to incur any liability unless authorized to do
so at a meeting of the board. [86 v. 54.]
(2476-8) SEC. 8. [Levy of tax.] That the board shall, on the last
Friday of April, annually, certify to the common council the amount neces-
sary to be levied on the tax duplicate for the support of the department for the
ensuing year, and so much thereof as may be allowed by the common council
(which shall not be reduced below two and one-half (2) mills on the dollar on
the taxable property in such city) shall form a part of the tax levy and be
placed to the credit, and shall be used exclusively for the use of the fire depart-
ment; but said board shall have no power to incur any liability on behalf of
any such city beyond the amount so levied and set apart, and all claims on
account of the department shall be approved, by a majority of the board, and
when so approved, referred to the common council for payment. [92 v. 614;
86 v. 54.]
(2476-9) SEC. 9. [Chief of fire department; how appointed.] That
the board shall appoint an executive officer, who shall be known as the chief
of the fire department, who shall serve for one year, and until his successor is
duly appointed, and who shall have the management of the department in
service, and they shall also appoint such members and employes as may be
1254
§ (2476—10).
FIRE DEPARTMENT.
Tit. XII, Div. 8, Ch. 2.
necessary for the efficient management of the department; and said board may
suspend, without notice, and may discharge [or remove] after due notice and
trial said chief or any member or employe for inefficiency, or for other good
and sufficient cause, other than political; and without cause, upon written
notice given thirty days prior to removal; provided, that all members of said
board concur in said discharge or removal; and all votes on suspensions and
discharges or removals shall be by ayes and nays, and fully recorded in the
minutes. [86 v. 54.]
(2476-10) SEC. 10. [Annual report to council.] That it shall be the
duty of said board to make a detailed and accurate account of all the expenses
of the department, with the amount appropriated by the city council to pay
said expenses, which, with the annual report of the chief, giving in detail the
doings of the department during the year, shall be presented to the common
council at the last regular meeting in March annually. [86 v. 54.]
(2476-11) SEC. 11. [Fire alarm telegraph.] That the fire alarm
telegraph shall be attached to and be a part of the fire department, and be
under the control and subject to the regulations of the board, which shall
annually appoint a superintendent thereof, and such other officers and employes
as may be necesary. [86 v. 54.]
(2476-12) SEC. 12. [Powers and duties of chief of fire department.]
That the board may invest the chief or other officer of the fire department, with
the power, and impose on him the duty, to be present at all fires; investigate
the cause thereof; examine witnesses and compel their attendance and produc-
tion of books and papers, and to do and perform all such other acts as may be
necessary to the effective discharge of such duties. [86 v. 54.]
(2476-13) SEC. 13. [Report to board.] That such officer shall have
power to administer oaths, make arrest, and enter, for the purpose of examina-
tion, any building which, in his opinion, is in danger from fire; and he shall
report his proceedings to the board at such times as may be required. [86
v. 54.]
2476-14) SEC. 14. [Board shall control property of fire depart-
ment.] That immediately after the organization of such board of fire commis-
sioners in any such city, the common council thereof shall turn over to said
board all the property belonging to the fire department; and the officers and
employes of said department, at the time said board shall assume control, shall
hold their respective places, subject, however, to discharge or removal as here-
inbefore provided. [86 v.54.]
(2476-15) SEC. 15. [Salaries of officers.] That the board shall,
annually, recommend to the common council the salaries to be paid to the
officers and members of the department, and the common council shall there-
upon fix such salaries, but at no greater rate than thus recommended; and if a
reduction is made by said common council in the salaries so recommended, the
rate per cent. of reduction shall be uniform among and apply to all the officers
and members of the department. [86 v. 54.]
(2476-16) SEC. 16. [Exception.] That the provisions of subdivi-
sion three (3), chapter two (2), division eight (8), title twelve (12), of the
Revised Statutes of the state of Ohio shall not apply to cities of the third
grade of the first class, except as to matters concerning which no provision is
made herein; and this act shall take effect on its passage. [86 v. 54.]
DAYTON.
(2476-17) SEC. 1. [Management of fire department vested in a
board of four commissioners; terms of commissioners; vacancies, how
1255
Tit. XII, Div. 8, Ch. 2.
FIRE DEPARTMENT.
§ (2476-18).
filled; salary.] That in every city, which, at the date of the passage of this
act, ranks as a city of the second grade of the second class, the management
and control of the fire department shall be vested in a board of four commis-
sioners, having the qualifications of electors of said city, two of whom shall be
appointed from each of the two leading political parties by a two-thirds vote
of the city council of said city; two of said commissioners appointed from the
same political party shall serve for one and three years respectively, and two
of said commissioners appointed from the other political party shall serve for
two and four years respectively, and all shall serve until their successors shall
be appointed and qualified; annually, thereafter, the said city council shall, in
like manner, appoint a commisssoner of like qualifications and from the same
political party as the commissioner whom he succeeds, who shall serve for
four years and until his successor is appointed and qualified, and the said city
council shall, in like manner, fill all vacancies in said board by appointing for
the unexpired terms, commissioners from the same political party as those
whom they succeed. Each member of said board of fire commissioners shall
receive a salary of three hundred dollars per annum. [90 L. L. 379; 77
v. 296.]
(2476-18) SEC. 2. [President and secretary of board.] The mem-
ber of said board having the shortest term to serve shall be the president
thereof; and the chief of the fire department shall serve as the secretary of
said board as a part of his duty. [77 v. 296.]
(2476-19) SEC. 3. [Quorum; vote on appointment to be recorded.]
A majority of the members of the board shall constitute a quorum for the trans-
action of business, but no appointment of men shall be valid unless approved
by a majority of the board, and the vote as given in making said appointment
shall be duly recorded in the minutes by the secretary. [77 v. 296.]
(2476–20) SEC. 4. [Meetings of board.] The board shall hold regu-
lar monthly meetings; special meetings may be called by the president or any
two members of the board; notice of all special meetings shall be served by the
secretary upon each member of the board in person, or by leaving a written
notice of the same at their place of residence. [77 v. 296.]
(2476-21) SEC. 5. [Record of Proceedings.] The board shall cause
an accurate record of their proceedings to be made in a book to be provided
for that purpose, which shall be received as evidence when certified by the pres-
ident and secretary; and a majority of the members of the board shall be neces-
sary to order the expenditure of money or to make any contract, and the vote
thereon shall be taken by yeas and nays, and entered upon the minutes. [77
v. 296.]
(2476-22) SEC. 6. [Board to prescribe duties and make rules for
government of force.] The board shall prescribe the duties of the officers
and members of the department, and from time to time make such rules and
regulations for the government of the force as may be found necessary, which
said rules and regulations shall have the force and effect of ordinances when
approved by the city council. [77 v. 296.]
(2476-23) SEC. 7. [No member of force shall be interested in con-
tract, nor create liability.] No member of the board or of the department
shall be interested in the profits of any contract with the department, and not
officer or employe shall have the power to incur any liability on account of the
board, unless authorized so to do at a meeting of the board. [77 v. 296.]
(2476-24) SEC. 8. [Board to make repairs, purchase supplies, etc.]
The board shall make all necessary repairs of houses, engines or other appara-
1256
§ (2476—25).
FIRE DEPARTMENT.
Tit. XII, Div. 8, Ch. 2.
tus belonging to the department, purchase all necessary supplies, and contract
in the name of the city for new houses, hose, cisterns, or other apparatus. [77
v. 296.]
(2476-25) SEC. 9. [Board to certify to council levy for support of
department; board no power to incur liability beyond amount levied.]
The board shall, on the last Friday in April, annually, certify to the city coun-
cil the amount necessary to be levied on the tax duplicate for the support of
the department for the ensuing year, and so much thereof as may be allowed
by the city council (which shall not be reduced below one mill on the dollar
on the taxable property in said city), shall form a part of the tax levy and be
placed to the credit of the board, and shall be used exclusively for the use of
the department; and said board shall have no power to incur any liability on
behalf of such city beyond the amount so levied and set apart to their order
by the city council, and all claims on account of the department shall be
approved by the board, and when so approved, the same shall be paid by the
city treasurer, on the order of the board, signed by the president and secretary,
in the same manner as provided for the payment of other claims. [77 v. 296.]
(2476-26) SEC. 10. [Board to appoint chief, and other officers.]
The board shall appoint an executive officer, who shall be known as the chief
of the fire department, who shall serve for one year, and who shall have the
management of the department in service, and they shall also appoint such
members and employes as may be necessary for the efficient management of
the department, and said board may discharge or remove, without notice, said
chief or any member or employe for inefficiency or for other good and sufficient
cause, other than political, and without cause, upon written notice given thirty
days prior to removal, provided, that all the members of said board concur in
said discharge or removal. [77 v. 296.]
(2476-27) SEC. 11. [City council to fix salaries on recommendation
of board.] The board shall annually recommend to the city council the sal-
aries to be paid to the officers and members of the department, and the city
council shall thereupon fix such salaries, but at no greater rate than that rec-
ommended by the board, and when a reduction is made by the city council in
the salaries, as recommended by the board, the rate per cent. of reduction shall
be uniform among all the officers and members of the department. [77 v. 296.]
(2476–28) SEC. 12. [Report of board and chief of department.] It
shall be the duty of said board to make a detailed and accurate account of all
the expenses of the department, with the amount appropriated by the city
council to pay said expenses, with the annual report of the chief, giving in
detail the doings of the department during the year, which report shall be pre-
sented to the city council at its last regular meeting in March, annually. [77
v. 296.]
(2476-29) SEC. 13. [Fire alarm telegraph.] The fire alarm tele-
graph shall be attached to the fire department, and under the control and sub-
ject to the regulations of the board of fire commissioners; and the chief of the
fire department shall be superintendent thereof; and the board may appoint an
operator for the management of such alarm telegraph. [77 v. 296.]
(2476-30) SEC. 14. [Upon appointment of board city council shall
turn over property, etc.] Upon the appointment of said board the city coun-
cil shall turn over to them all the property belonging to the department, and
place to their credit all moneys or credits due said department; and the officers
and employes of said department, at the time said board shall assume control,
shall hold their respective places, subject, however, to discharge or removal as
herein before provided. [77 v. 296.]
1257
Tit. XII, Div. 8, Ch. 2.
FIRE DEPARTMENT.
§ (2476—31).
(2476-31) SEC. 1. [Working of fire department in Xenia.]
The council of any city of the second class having a population at the last
federal census not exceeding 6,400 nor less than 6,300, be and the same is
hereby authorized to provide, by ordinance, for the working of the employes
and teams of the steam fire department of such city, where such department
exists therein, under such control and regulations as said council may so pro-
vide. [70 v. 116.]
For local fire department acts see index of local laws.
SEC. 2477(1). [Application of this subdivision.] The provisions of this
subdivision shall not apply to cities of the first and second grades of the first
class, except as to matters concerning which no provision is made in the first
and second subdivisions of this chapter.
SEC. 2477(2). [Application of statutory provisions.] The provisions
of this subdivision shall not apply to cities of the first and second grades of the
first class, and cities of the first grade of the second class, except as to matters
concerning which no provision is made in the first and second subdivisions of
this chapter. [1885, February 27: 82 v. 54, 58.]
Section 2477(1) is that of the Revised Statutes of 1880. In 1885. February 27 (82 v. 54, 58), this section was
repealed and amended to read as in 3 2477(2). The decision of the supreme court of Ohio, in State v. Pugh,
43 O. S. 98, leaves in doubt the question as to which 2 2477 is still in force.
FIREMEN'S PENSION FUNDS.
(2477-1) SEC. 1. [Trustees of Cincinnati firemen's pension fund.]
The persons who, from time to time compose the board of fire commissioners of
any city of the first grade of the first class, and five other persons, members of
the fire department therein, elected as hereinafter provided, shall constitute and
be the trustees for the distribution of the pension fund now existing or herein-
after provided, and shall be called the board of trustees of the firemen's pension
fund. [86 v. 149.]
(2477-2) SEC. 2. [Composed of whom; how elected.] The five per-
sons to be elected as such trustees, shall, together with five other persons, also
members of the said fire department, be nominated for such office of trustees in
a convention to be composed of one delegate from each engine, chemical engine,
fire boat, hook and ladder or hose company, fire alarm telegraph company, and
from the general office belonging to the fire department of any such city, and
convene at least two weeks prior to the election of such five persons. That
such election shall be held in the respective houses or headquarters of such
engine, chemical engine, fire boat, hook and ladder or hose company, telegraph
department or general office, and to be by ballot cast by the members of said
fire department between the hours of nine o'clock in the forenoon and six
o'clock in the afternoon, on the first Tuesday of January, in each and every
year hereafter, except the first election, which shall be held within thirty days
after and by virtue of the passage of this act. That every such member shall
be entitled to cast only one ballot, that no ballot shall contain the names of
more than five persons, and the persons receiving the highest number of votes
shall be declared elected as such trustees, and hold their offices until their suc-
cessors are duly elected. That the captain, or officer in command of any such
company, on the day of, and immediately after holding such election, shall
canvass, count and certify in writing the numbers of ballots cast, and the vote
received by each candidate for the office of trustee. After signing such certifi-
cate, said captain or officer in command shall at once address and deliver, or
mail the same to the secretary of the board of trustees. That the president
and secretary of the board of trustees, shall, together, within three days after
the receipt of such certificates by said secretary, open the same, and ascertain
1258
§ (2477—3).
FIRE DEPARTMENT.
Tit. XII, Div. 8, Ch. 2.
and determine the total number of votes so cast at said election for the differ-
ent persons for the office of trustee as returned by said captain or officer in
command, and under the respective hands of such president and secretary issue
certificates of their election to the five persons elected as such trustees. In case
of a tie vote being received by any two persons for the office of said trustee, such
tie vote shall be decided by casting lots, or in any other way which may be
agreed upon by and between the persons for whom such tie vote was cast. No
election shall be set aside for want of formality in balloting by such members,
or certifying or remitting the returns of any such election by said captain or
officer in charge. [86 v. 149.]
(2477—3) SEC. 3. [President and secretary.] The president and
secretary of the board of fire commissioners in such cities, shall also be respect-
ively the president and secretary of said board of trustees of the firemen's pen-
sion fund. It is hereby made the duty of the said secretary to keep a full
record of all the proceedings of said board of trustees, and all actions taken
by it in regard to the said pension fund without additional compensation.
[86 v. 149.]
(2477-4) SEC. 4. [Duties of county treasurers in certain coun-
ties.] That the county treasurers of counties containing a city of the first
grade of the first class shall annually, at the time of their annual settlement
with the auditors of their respective counties, pay over to the treasurer of such
city one-half of the amount to which such city is entitled under its annual
levy of all the taxes paid into the treasury of such county by insurance com-
panies incorporated by the authority of any other state or government, and
doing business in any such city, on the gross receipts of every such insurance
company, under and by virtue of the provisions of section two thousand seven
hundred and forty-five of the Revised Statutes, during the half-year preceding
such annual settlement, and the money so paid over to such city treasurer
shall, together with the amount heretofore so paid, constitute a pension fund
for the purposes and objects hereinafter set forth. [86 v. 149.]
(2477-5) SEC. 5. [Failure of insurance companies to make re-
turn.] In case any such insurance company shall fail to make return to the
office of the auditor of the county in which the office or agency of such insur-
ance company may be kept, in the month of February, annually, the amount
of the gross receipts of such agency for entry upon the tax list of the proper
county, such auditor shall forthwith give notice of such failure to the superin-
tendent of insurance, and said superintendent shall, upon the receipt of such
notice from said auditor, forthwith revoke and recall the license and authority
to such insurance company to do or transact business within this state, and no
renewal of authority shall be granted to such insurance company for three years
after such revocation, and it shall be prohibited from transacting any business
in this state until again duly licensed and authorized so to do, and the said
returns shall have been duly made. In each and every case of failure of the
said auditor to give such notice to said superintendent of insurance, said audi-
tor being cognizant of the existence of such company and of the transaction
of business by the same, such auditor shall forfeit and pay to said city for the
use and benefit of said pension fund, the sum of one hundred dollars, such for-
feiture to be recovered of said auditor in an action at law therefor, brought
against him by any person in the name of any such city, and before any court
of competent jurisdiction. [86 v. 149.]
(2477-6) SEc. 6. [Duty of county auditors.] That it shall be the
duty of the said auditor to make out and deliver to the said board of trustees,
annually, on the first of May in each and every year hereafter, a correct state-
.
1259
Tit. XII, Div. 8, Ch. 2.
FIRE DEPARTMENT.
§ (2477-7).
ment of the name, and agent's name of every such insurance company so doing
business in said city, together with the amount of the gross receipts of every
such insurance company, as returned by said agent or company to said auditor
for the year previous to the first day of May. In case of the failure of said
auditor to make out and deliver to said board of trustees any such annual
statement at the time named in each and every year hereafter, such auditor
shall forfeit and pay to said board of trustees, for the use and benefit of said
pension fund, the sum of five hundred dollars, said forfeiture to be sued for and
recovered of such auditor in an action at law, brought against him by any per-
son in the name of any such city, and before any court of competent jurisdic-
tion. [86 v. 149.]
See ? 2745.
(2477-7) SEC. 7. [County treasurer to deliver certain statement
to trustees of pension fund.] That it shall be the duty of the treasurer of
said county to make out and deliver to the said board of trustees, on the first
day of January, in each and every year hereafter, a statement of the name of
every such insurance company doing business in said city, together with the
amount of taxes paid into the treasury of such county by such insurance com-
pany, for the year or part thereof, prior to the making and delivery of such semi-
annual statements of said treasurer to such board of trustees. [86 v. 149.]
(2477-8) SEC. 8. [Powers of commissioners to impose fines.] That
the said board of fire commissioners may impose fines upon any member of the
fire department in any such city, by way of discipline or punishment, detain
and collect the same from the pay and salary of such member, and such fines,
together with all the rewards in money, fees, gifts and emoluments, that may
be paid or given especially to such pension fund, on account of extraordinary
service by said fire department, or any member thereof (except when allowed
to be retained by such member, or given to endow a medal or other permanent
or competitive reward), and all proceeds of suits for penalties for the violation
of any provision of any statute of this state, or ordinances of said city, with the
execution of which the said fire department, or any of its officers or members,
is now, or hereafter may be charged, and any license or other fees payable under
the same; shall be paid to and received by the said city treasurer, and applied
by him to the said pension fund. And the said board of trustees may take by
gift, grant, devise, or bequest, any money, real estate or personal property, right.
of property, or other valuable thing, the annual income of which shall not
exceed fifty thousand dollars in the whole, and such money, real estate or per-
sonal property, right of property or other valuable thing so obtained, shall in
like manner be paid to and applied by such city treasurer to the said pension
fund, and also to the use of such fund by deposit, investment or profit, as here-
inafter provided, or as such board of trustees shall direct; provided, that the
sum of one hundred thousand dollars, which may be received and accumulated
under the provisions of this act, shall be, when so received and accumulated,
retained as a permanent fund, the annual income of which may alone be avail-
able for uses and purposes of the said pension fund. [86 v. 149.]
(2477-9) SEC. 9. [Treasurer to give bond.] That the treasurer of
every such city shall execute a bond with sufficient sureties, to the city, for the
faithful performance of his duties as the custodian of such pension fund, in
like manner as his present official bond as such treasurer is drawn, executed
and filed, and in such penal sum as the said board of trustees shall direct.
[86 v. 149.]
(2477-10) SEC. 10. [Board of trustees may invest funds.] That the
said board of trustees shall have power to draw such pension fund from the
1260
§ (2477—11).
FIRE DEPARTMENT.
Tit. XII, Div. 8, Ch. 2.
treasury of such city, and may invest the said fund in the name of the board
of trustees of the firemen's pension fund, in interest bearing bonds of the United
States, the state of Ohio, or any county in this state or of said cities, or of any
township, incorporated village or other municipal corporation in the said state
of Ohio, when the power to issue said bonds is derived from either general or
special legislative authority, that the said bonds shall, before the same are issued·
to the said board of trustees, be registered in the office of the treasurer of the
United States, or said state of Ohio, or county, city, township, incorporated
village or municipal corporation in this state issuing the same, and bear upon
their face the printed or legible written fact of such registry, together with the
book and page, and the date and place of such registry. And in such cities it
shall be the duty of the trustees of the sinking fund of said cities, upon the
application being made to them for that purpose by the trustees of the firemen's
pension fund, to receive such bonds, and safely keep the same, and deliver the
same to said board of trustees of the firemen's pension fund, only on the order
of said board, signed by the president and two members thereof, and counter-
signed by the secretary. The said board of trustees shall make reports to the
common council of the condition of said pension fund, on the first day of Jan-
uary, of each and every year. [86 v. 149.]
(2477-11) SEC. 11. [When members of fire department may draw
upon fund.] If any member of the fire department of any such city shall.
while in the performance of his duty, become, or be found upon examination
by a medical officer, ordered by said board of trustees, to be physically or men-
tally permanently disabled, so as to render necessary his retirement from all
services in the said fire department, such board of fire commissioners shall have
power to retire such permanently disabled member from all service in the said
fire department, and upon such retirement, the said board of trustees shall
authorize the payment to such permanently disabled member, monthly, from
the said pension fund, the sum of fifty ($50) dollars. If any member of said
fire department shall, while in the performance of his duty be killed, or die
from the effects of any injury thus received, or of any disease thus contracted,
or if any member of said fire department shall, after ten years' service therein,
or while retired, die from any cause, such member so killed or dying from said
injuries or disease, or after said term of service or retirement, shall leave a
widow or minor child or children, under sixteen years of age, or a mother who
depended upon him for support, said board of trustees shall authorize and
direct the payment from the said pension fund the following sums monthly,
to-wit: to such widow while unmarried, the sum of twenty dollars; to the
guardian of such minor child or children, six dollars for each of said children,
until each child shall respectively arrive at the age of sixteen years, and twenty
dollars to such dependent mother until she re-marries; and in case there is no
dependent mother, but a father who is dependent upon such member for sup-
port, such dependent father shall be paid the same sum monthly, as provided
herein to be paid to a dependent mother; provided, however, that if [at] any
time there should not be sufficient money or bonds to pay to each person
entitled to the benefit thereof the full amount as herein before stated, then, and
in that event, an equal percentage of said monthly payments shall be made to
each beneficiary thereof, until said fund is so replenished as to warrant pay-
ment in full to each of said beneficiaries. [86 v. 149.]
(2477-12) SEC. 12. [Pension in case of partial disability.] In
case of the partial, permanent disability of any member of said fire depart-
ment, caused in or induced by the actual performance of the duties of his
position as such member, or which shall have occurred before the expiration
of ten years' service in the said fire department, the said board of fire commis-
1261
Tit. XII, Div. 8, Ch. 2. FIRE DEPARTMENT.
§ (2477-13).
sioners, upon an examination of such partially permanently disabled mem-
ber by the medical officer ordered by the said board of trustees, shall have
power to relieve such partially permanently disabled member from actual serv-
ice at fires, and the said board of trustees, upon such member being so relieved,
shall authorize the payment to such partially permanently disabled member,
monthly from the said pension fund, a sum not less than thirty dollars or
more than forty dollars, or in proportion to the number of beneficiaries of said
fund, [as the condition of said pension fund] may warrant. The member so
partially permanently disabled and relieved from active service at fires, shall
remain a member of said fire department, subject to the rules governing the
same, and may be ordered by the said board of fire commissioners to the per-
formance of such light duties as the medical officer ordered by said board of
fire commissioners may certify him qualified to perform, and the said board of
fire commissioners shall, out of the general fund of said fire department, fix
and pay such additional compensation for the performance of said light duties,
as the circumstances and merit of each case [in its discretion] may warrant.
Such pension and additional compensation so paid to such partially per-
manently disabled member mentioned in this and the preceding sections of
this act, shall be in lieu of any salary received by such member at the date of
his being so relieved from active service at fires, and the said city shall not be
liable for the payment of any other claim or demand for services hereafter ren-
dered by such partially permanently disabled member. [86 v. 149.]
For construction of the corresponding section of the Columbus act, 2 (2477-49): see Karb v. State, 54
O. S. 383, (35 Bull. 266).
(2477-13) SEC. 13. [When members of fire department may be
retired.] Any member of the said fire department, after twenty-five years'
service in said fire department shall, upon his written application to the said
board of fire commissioners, be retired from all service in said fire department,
and the said board of trustees, upon such member being so retired, shall author-
ize the payment to such retired member, monthly, from the said pension fund,
the sum of forty dollars, or in proportion to the number of beneficiaries of said
fund as the condition of said pension fund will warrant. That the payment
of such pension shall be made by drafts drawn by the order of said board of
trustees signed by the president and countersigned by the said secretary.
[86 v. 149.]
(2477-14) SEC. 14. [Pension fund exempt from execution and proc-
ess before or after its distribution.] That no portion of the said pension
fund shall, either before or after its order of distribution by the said board of
trustees to such disabled member of said fire department, or to the widow or
guardian of the minor child or children, or to the dependent mother or father
of a deceased or retired member of such department, be held, seized, taken, sub-
jugated, detained or levied on by virtue of any attachment, execution, injunc-
tion, writ, interlocutory, or other order or decree, or any process or proceeding
whatever, issued out of, or by any court in this state, for the payment or satis-
faction, in whole or in part, of any debt, damages claimed, and judgment, fine
or amercement of such member, or his said widow, or the guardian of his minor
child or children, or of the dependent mother or father or any deceased mem-
ber; but the said fund shall be sacredly held, kept, secured, promoted and
distributed, for the purpose of pensioning the persons named in this act, and
for no other purposes whatever; provided, however, that no person shall be
considered a member of the fire department within the meaning of this act, or
entitled to its benefits, except the fire-marshal and assistant fire-marshal, cap-
tain, lieutenants, engineers, stokers, pipemen, drivers, truckmen, assistant super-
intendent, operators, repairers or line men of the fire alarm telegraph, and all
1262
§ (2477—15).
FIRE DEPARTMENT.
"6
Tit. XII, Div. 8, Ch. 2.
substitutes regularly appointed by the said fire-marshal, according to the rules
of said fire department, while in the actual performance of their duties as sub-
stitute members; providing, that all members deriving benefits under the act
of March 29, 1883, entitled an act to amend section one of an act entitled 'an
act to provide for the relief of disabled firemen, in cities of the second grade of
the first class,' as amended April 16, 1881 (78 0. L., 137), and to amend sections.
two and three of said original act (77 O. L., 309)," shall be deemed beneficiaries
under this act, and shall receive benefits equal in amount, and under like condi-
tions as those who shall hereafter be made beneficiaries under this act. [86
v. 149.]
(2477-15) SEC. 1. [Cleveland board of trustees of the firemen's
pension fund.] The mayor, city solicitor, and director or person or persons
having charge or control of the fire department in any city of the first class,
second grade, and three other persons members of the fire department in such
cities elected as hereinafter provided, and the successors of each of the above,
shall constitute and be the trustees for the distribution of the pension fund
now existing or hereafter provided, and shall be called the "board of trustees
of the firemen's pension fund." [87 v. 227; 83 v. 108.]
(2477-16) SEC. 2. [Election of three trustees: place; time; ballots;
count; returns; declaring result; certificates; tie vote; formality not
required.] Six members of the fire department shall be nominated for such
office of trustee in a convention to be composed of one delegate from each fire
company, fire alarm telegraph company, and from the general office belonging
to the fire department of any such cities, and called by the chief of such fire
department, and convened at least two weeks prior to the election of such
trustees. That such election shall be held in the respective houses or head-
quarters of such fire companies, telegraph department and general office, and
be by ballot cast by the members of the said fire department between the
hours of 9 o'clock in the forenoon and 6 o'clock in the afternoon on the first
Tuesday of January in each and every year hereafter, but the present trustees.
of the fire department shall serve out the term for which they were elected.
That every such member shall be entitled to cast only one ballot, and no
ballot shall contain the names of more than three persons, and the three
persons receiving the highest number of votes shall be declared elected as such
trustees, and hold their office until their successors are duly elected. That the
officer in command of any such company, on the day of and immediately after
holding such election, shall canvass, count, and certify in writing the number
of ballots cast and the votes received by each candidate for the office of trustee.
After signing such certificate, said officer in command shall at once address and
deliver the same to the secretary of the said board of trustees. That the
president and secretary of the said board of trustees shall together, within
three days after receipt of such certificates by said secretary, open the same
and ascertain, and determine the total number of votes so cast at said election
for the different persons for the office of trustee, as returned by the said officer
in command, and under the respective hands of such president and secretary,
issue certificates of their election to the three persons elected as such trustees.
In case of a tie vote being received by any two persons for the office of said
trustee, such tie vote shall be decided by casting lots or in any other way
which may be agreed upon, by and between the persons for whom such tie
vote was cast. No election shall be set aside for want of formality in balloting
by such members, or certifying or remitting the returns of any such election
by said officer in charge. [87 v. 228; 83 v. 108.]
(2477-17) SEC. 3. [President and secretary of board; record of
proceedings; to make all rules; to pass on applications.] The mayor,
and secretary of the fire department in such cities shall also be repectively the
1263
Tit. XII, Div. 8, Ch. 2.
FIRE DEPARTMENT.
§ (2477-18).
president and secretary of the said board of trustees of the firemen's pension
fund. It is hereby made the duty of the secretary to keep a full record of all
the proceedings of the said board of trustees, and the board shall make all
needful rules and regulations for its government in the discharge of its duties,
and shall hear and determine all applications for relief or pensions under this
act. [87 v. 228; 83 v. 108.]
(2477-18) SEC. 4. [Foreign insurance companies; tax on; applied
to such fund.] That the county treasurers of the counties containing a city
of the second grade of the first class shall semi-annually, at the time of their
semi-annual settlement with the auditors of their respective counties, pay over
to the treasurer of such cities one-half of the amount under his annual levy of
all the taxes paid into the treasury of such county by insurance companies in-
corporated by the authority of any other state or government and doing busi-
ness in any such cities, on the gross receipts of every such insurance company
under and by virtue of the provisions of section 2745 of the Revised Statutes
during the half-year preceding such semi-annual settlement, and the money so
paid over to such city treasurer shall, together with the amount heretofore so
paid, constitute a pension fund for the purposes and objects hereinafter set
forth. [87 v. 229; 83 v. 108.]
This section is of course subordinate to the later act now at ? (1945-1).
(2477-19) SEC. 5. [Failure of such companies to make return of
gross receipts; penalty; duty of county auditor; penalty for neglect.] In
case any such insurance company shall fail to make return to the office of the
auditor of the county in which the office or agency of such insurance company
may be kept, in the month of May, annually, the amount of gross receipts of
such agency for entry upon the tax list of the proper county, such auditor shall
forthwith give notice of such failure to the superintendent of insurance, and
said superintendent shall upon the receipt of such notice from said auditor,
forthwith revoke and recall the license and authority to such insurance com-
pany to do or transact business within this state. And no renewal of authority
shall be granted to such insurance company for three years after such revoca-
tion, and it shall be prohibited from transacting any business in this state until
again duly licensed and authorized so to do, and the said return shall have been
duly made. In each and every case of the failure of the said auditor to give
such notice to said superintendent of insurance, such auditor shall forfeit and
pay to said city, for the use and benefit of the said pension fund, the sum of
one thousand dollars, such forfeiture to be recovered of said auditor in an ac-
tion at law therefor, brought against him by any person, in the name of any
such city, and before any court of competent jurisdiction. [87 v. 229; 83 v.
108.]
(2477-20) SEC. 6. [Auditor to deliver statement of such gross re-
ceipts, etc., to board; penalty for neglect.] That it shall be the duty of
the said auditor to make out and deliver to the said board of trustees, annually,
on the first of July, in each and every year hereafter a correct statement of the
name and the agent's name of every such insurance company so doing business
in said city, together with the amount of the gross receipts of every such insur-
ance company as returned by said agent or company to said auditor for the
year previous to such first day of July. In case of the failure of said auditor
to so make out and deliver to the said board of trustees any such annual state-
ment at the time named in each and every year hereafter, such auditor shall
forfeit and pay to said board of trustees for the use and benefit of the said pen-
sion fund, the sum of five hundred dollars. Said forfeiture to be sued for and
recovered of such auditor in an action at law brought against him by any per-
son, in the name of any such city, and before any court of competent jurisdic-
tion. [87 v. 229; 83 v. 108.]
1264
§ (2477-21).
FIRE DEPARTMENT.
Tit. XII, Div. 8, Ch. 2.
(2477-21) SEC. 7. [Duty of treasurer respecting statement of
taxes, etc.; penalty for neglect.] That it shall be the duty of the treasurer
of the said county to make out and deliver to the said board of trustees on the
first days of January and July in each and every year hereafter, a statement of
the name of every such insurance company doing business in the said city, to-
gether with the amount of the taxes paid into the treasury of such county by
such insurance company for the year, or part thereof, prior to the making and
delivery of such semi-annual statement of such treasurer to such board of
trustees. And in case of the failure of said treasurer to so make out and de-
liver such semi-annual statement to the said board of trustees at the times
named in each and every year hereafter, such treasurer shall forfeit and pay to
said board of trustees for the use and benefit of said pension fund, the sum of
five hundred dollars. Such forfeiture to be sued for and recovered against him
in an action therefor, brought by any person, in the name of such city, before
any court of competent jurisdiction. [87 v. 230; 83 v. 108.]
(2477-22) SEC. 8. [Other revenues of fund; fines, gifts, etc.; pen-
alties; fees; devises.] That the director, person or persons having control
and charge of the fire service in said cities, may impose fines upon any member
of the fire department in any such cities by way of discipline or punishment;
detain and collect the same from the pay or salary of such member, and such
fines, together with all rewards in money, fees, gifts and emoluments that may
be paid or given specially to said pension fund on account of extraordinary
services by said fire department, or any member thereof (except when allowed
to be retained by such member, or given to endow a medal, or other perma-
nent or competitive reward), and all proceeds of suits for penalties for the vio-
lation of any provision of any statute of this state or ordinances of said cities
with the execution of which the said fire department or any of its officers or
members is now or hereafter may be charged, and any license or other fees
payable under the same, also all witness fees of every nature whatsoever,
when the salary of any member of said fire department is not effected [af-
fected] by his absence while serving as such witness, shall be paid to and re-
ceived by the said city treasurer and applied by him to the said pension fund.
And the said board of trustees may take by gift, grant, devise, or bequest, any
money, real estate or personal property, right of property or other valuable
thing and such money, real estate or personal property, right of property or
other valuable thing so obtained, shall in like manner be paid to and applied
by such city treasurer to the said pension fund, and also to the use of such
fund by deposit, investment or profit as hereinafter provided, or as such board
of trustees shall direct. [87 v. 230; 83 v. 108.]
(2477-23) SEC. 9. [Members of fire department to be assessed
within a certain limit; assessments in general.] That every member or
cadet employe of said fire department shall be assessed a portion of his salary,
and such assessment shall not be less than one-half of one per centum or more
than one per centum of his compensation, and all such assessments shall be
applied to the pension fund, provided however that in no case shall the assess-
ment of any one person exceed fifteen dollars per annum. The board of pen-
sion trustees shall have discretionary power to fix the rate of assessment within
the limits herein prescribed. The secretary of the fire department shall place
opposite the name of every member of the fire department and cadet employe
on the pay-roll the amount of the assessment on each individual's salary, and
the city treasurer shall, monthly, deduct from the salary of every member of
the said fire department and cadet employe the sum set opposite his name, and
shall deposit the same to the credit of the pension fund. [87 v. 230.]
(2477-24) SEC. 10. [City treasurer's bond.] That the treasurer of
every such city shall be the custodian of such pension fund, and for the faith-
1265
Tit. XII, Div. 8, Ch. 2.
FIRE DEPARTMENT.
§ (2477-25).
ful performance of his duties as herein provided, he shall be held under his
official bond given to such city as now provided for by law. [87 v. 231; 83
v. 108.]
(2477-25) SEC. 11. [Power to invest said fund in bonds; registering
said bonds; annual report.] That the said board of trustees shall draw such
portion of said pension fund from the treasury of such city as it shall deem'
advisable, and invest the same in the name of the "board of trustees of the
firemen's pension fund" in interest bearing bonds of the United States, the
state of Ohio, or any county in this state, or of said cities, or of any township,
incorporated village or other municipal corporation in the said state of Ohio, or
without the state when the power to issue such bonds is derived from either
general or special legislative authority. The president and secretary of such
board, shall collect the interest on all bonds and place the same to the credit
of the said fund. That the said bonds shall, before the same are issued to the
said board of trustees, be registered in the office of the treasurer of the United
States or state of Ohio, county, city, township, incorporated village or other
municipal corporation in this state or other state issuing the same, and bear
upon their face the printed or legibly written fact of such registry, together
with the book and page and date and place of such registry. The said board
of trustees shall make report to the council of the condition of said pension
fund on the first day of January in each and every year. [87 v. 231; 83 v.
108.1
(2477-26) SEC. 12. [Beneficiaries of such fund; members and
cadet employes disabled in performance of duty; parents, widows and
minor children of members killed when on duty, or dying from disease,
etc.; same killed after less than 10 years' service; same if permanently
disabled after less than 10 years' service.] If any member or cadet em-
ploye of the said fire department of any such city, shall, while in the perform-
ance of his duty, become or be found upon examination by a medical officer
ordered by the director, person or persons having charge and control of the
fire department in such city, to be physically or mentally permanently dis-
abled so as to render necessary his retirement from all service in the said fire
department, such director, person or persons having charge of said fire service
shall retire such permanently disabled person from all service in said fire
department, and the board of trustees of the pension fund shall authorize the
payment to such permanently disabled person, monthly, from the pension
fund, the sum provided in section 14 [S(2477-28)] of this act, according to
compensation and term of service in said fire department. When any mem-
ber of said fire department, or retired member on the pension fund thereof dies
from any cause whatever and leaves a widow, child or children under 16 years
of age, the board of trustees shall authorize the payment to such widow, while
unmarried, and child or children under 16 years of age, monthly from the pen-
sion fund, the sum or sums provided in section 14 [S(2477-28)] of this act, ac-
cording to compensation and term of service of such deceased member in said
fire department; or if any deceased member shall leave a dependent mother or
father, upon satisfactory proof that such mother or father was dependent upon
said deceased member of the fire department, the board of trustees shall author-
ize the payment to such dependent mother or father, monthly, from the pension
fund, the sum provided in section 14 [$(2477-28)] of this act according to
compensation and term of service of such deceased member in said fire depart-
ment; provided, however, that no pension shall be paid to the mother or
father of a deceased member who leaves a dependent widow; and if the
widow of any deceased member shall re-marry, her pension shall cease.
any member or cadet employe of such fire department who has been in the
service of the department less than ten years, shall, while in the performance
If
81
1266
§ (2477—27).
FIRE DEPARTMENT.
Tit. XII, Div. 8, Ch. 2.
of his duty in said fire department, be killed or receive an injury that results
in his death, if such killing or such fatal injury is clearly and conclusively
proven, the board of trustees shall authorize the payment to the dependent
widow, child or children under sixteen years of age, mother or father, monthly,
from the pension fund the sum or sums as provided for dependents of de-
ceased members between ten and twenty-five years in the service, in section
14 [§(2477—28)] of this act. If any member or cadet employe of such fire de-
partment who has been in the service of the department less than ten years,
shall, while in the performance of his duty in said fire department, become so
crippled by an accident as to constitute a permanent total disability the director
or person or persons in charge of the fire service, shall, upon clear and conclu-
sive proof that said disability was caused by an accident received while in the
actual performance of his duty, retire such permanently disabled member, and
the board of pension trustees shall authorize the payment to such disabled
member the sum as provided for permanently disabled members of the fire
department in the service between ten and twenty-five years, in section 14
[S(2477-28)] of this act. [87 v. 231; 83 v. 108.]
(2477-27) SEC. 13. [Partial payments when bonds and cash in
fund not sufficient to meet all demands.] That if at any time there should
not be sufficient money or bonds to the credit of said pension fund to pay to
each person entitled to the benefit thereof the full amount per month as here-
inbefore stated, then, and in that event an equal percentage of said monthly
payments shall be made to each beneficiary thereof, until said fund is so
replenished as to warrant payment in full to each of said beneficiaries. [87 v.
232.]
(2477-28) SEC. 14. [Payments, how rated; limitation of pensions;
pension of dependent parent.] The sums to be paid to permanently disabled
members and cadet employes and the widows and orphans, or dependent
mothers or fathers of deceased members, shall be as follows: Those in the
service of said fire department under five years, upon retirement, shall receive,
monthly, an amount equal to one-eighth of the salary received by them at the
time of their retirement, and in the event of their death while in the service
of the department or after retirement, their widows, while unmarried, shall
receive five dollars per month, and their children under sixteen years of age,
three dollars per month each; those in the service of the paid fire department
over five and under ten consecutive years shall, upon retirement, receive
three-sixteenths of their salary, per month, and in the event of their decease
while in the service of the department or after retirement their widows shall
receive ten dollars per month and their children under sixteen years of age
four dollars per month each; those in the service of the paid fire department
over ten and under twenty-five consecutive years shall, upon retirement,
receive ten-sixteenths of their salary, per month, and in the event of their
decease while in the service of the fire department or after retirement their
widows shall receive twenty dollars per month and their children under six-
teen years of age six dollars per month each; those in the service of the paid
fire department twenty-five consecutive years or over, shall, upon retirement
receive eleven-sixteenths of their salary per month, and in the event of their
decease while in the service of the department or after retirement their widows
shall receive twenty-five dollars per month, and their children under sixteen.
years of age seven dollars per month. Any member of such paid fire depart-
ment who has been in the service of said paid fire department twenty-five
years, the last twelve years consecutively, upon making written application to
the director, person or persons having charge of the fire service, at his own
option, may without medical examination be retired from all service in said.
fire department, and upon such retirement the board of pension trustees shall
1267
Tit. XII, Div. 8, Ch. 2.
FIRE DEPARTMENT.
§ (2477-29).
authorize the payment to such retired member, monthly, from the pension fund,
an amount equal to ten sixteenths of his salary at the time of retirement. Any
member of such fire department who has been in the service of said paid fire
department thirty years, the last twelve years consecutively, may, upon mak-
ing written application to the director, person or persons in charge of the fire
service in such city, retire at his own option without medical examination,
and the board of pension trustees shall authorize the payment to such member
so retired, monthly, from the pension fund a sum equal to eleven-sixteenths
of his salary at the time of retirement. The pension of the dependents of
such retired member shall be the same in case of death after retirement as pro-
vided for dependents who die in the service or after retirement, but the mem-
ber so retired without special disability shall always receive the same amount
of pension as when he retired. In no case shall the amount of any pension
exceed seventy-five dollars per month, except the pensioner shall have been in
the service of said fire department thirty years, the last twelve consecutively,
and in that event they shall receive eighty dollars per month, when eleven-
sixteenths of their salary equals that sum, but no more. The pension of the
dependent mother or father of a deceased member who dies in the service of
the fire department shall be the same, as that provided for his widow. That
any member who may be discharged from the fire department after having
served not less than twenty-two consecutive years, shall be placed on the pen-
sion roll at six-sixteenths of his salary at the time of his discharge, provided
such discharge is for any other offense than dishonesty, intoxication, or a crim-
inal act, and in the event of the death of such member after retirement if he
leaves a widow or dependents they shall receive the amounts provided for the
dependents of those as in sections twelve and fourteen [$$(2477—26), (−28)] of
this act. In no case shall the board of trustees depart from the provisions of
this section in authorizing the payment of pensions. [87 v. 232.j
(2477-29) SEC. 15. [Act to apply to present pensioners, except
widows and children of deceased members.] This act shall apply to all
persons receiving pensions from the firemen's pension fund of such cities,
who have been placed on such pension fund under any former law or laws, ex-
cept widows or children of deceased members of such fire department, who
shall receive the same as they were receiving at the time of the passage of this
act. And in any application for pension. now pending before the board of
trustees, the board herein created may in its discretion place such dependents
in the class of pensioners as provided in sections 12 and 14 [§§(2477—26), (−28)]
of this act. [87 v. 234.]
(2477-30) SEC. 16. [Pension: how paid; may be reduced, etc.]
That the payment of the said pension shall be made by drafts drawn by the
order of said board of trustees, signed by the president and countersigned
by the said secretary; but nothing in this act contained shall render any pay-
ment of such pension obligatory upon the said board of trustees or any mem-
ber thereof or chargeable as a matter of legal right and the said board of
trustees may at any time order such pension to be reduced or cease, and the
decision of the board on all applications for relief or pensions shall be final
and conclusive, and not subject to review or reversal except by such board.
[87 v. 234; 83 v. 108.]
(2477-31) SEC. 17. [Pensions not liable to attachment, execution,
etc.] That no portion of the said pension fund shall, either before or after its
order of distribution by the said board of trustees to such disabled member
of said fire department or to the widow or guardian of child or children or to
the dependent mother or father of a deceased or retired member of such de-
partment, be held, seized, taken, subjugated to, detained or levied on by virtue
of any attachment. execution, injunction, writ, interlocutory or other order or
1268
§ (2477-32).
FIRE DEPARTMENT.
Tit. XII, Div. 8, c'h 2
decree, or any process or proceeding whatever issued out of or by any court in
this state for the payment or satisfaction, in whole or in part, of any debt,
damages, claim, demand, judgment, fine or amercement of such inember, or
his said widow, or the guardian of child or children, or of the dependent
mother or father of any deceased member; but the said fund shall be sacredly
held, kept, secured, promoted and distributed for the purpose of pensioning
the persons named in this act and for no other purpose whatever. Provided
the said board may expend annually not to exceed fifty dollars from such fund,
for the necessary expenses connected therewith. [87 v. 234; 83 v. 108.]
(2477-32) SEC. 1. [Board of trustees of the fireman's pension fund
in Columbus.] That the person who from time to time is the mayor of any
city of the first grade of the second class, and two other persons to be appointed
by the mayor of any such city as hereinafter provided, together with three other
persons, members of the fire department therein, elected as hereinafter pro-
vided, shall constitute and be the trustees for the distribution of the firemen's
pension fund. [89 v. 259.]
(2477-33) SEC. 2. [Appointment.] Within thirty days after and by
virtue of the passage of this act, the mayor of any such city shall appoint two
persons to be members of such board, one to serve for the term of six years
from the first Tuesday in January last preceding his appointment, and one to
serve for five years from the first Tuesday in January last preceding his ap-
pointment, and each until his successor is duly appointed and qualified as
hereinafter provided. [89 v. 259.]
(2477-34) SEC. 3. [Expiration of term of appointed member.
Upon the expiration of the term of office of any such member of the board of
trustees of the firemen's pension fund who shall have been appointed by the
mayor, the mayor of any such city shall appoint a successor in office for the
term of six years. [89 v. 259.]
(2477-35) SEC. 4. [Vacancy.] If any member of such board so ap-
pointed by the mayor shall die or resign before the expiration of his term of
office, the mayor of any such city shall, within thirty days after such death or
resignation, appoint a successor to such person to fill the unexpired term of
any such member who shall have died or resigned as aforesaid." [89 v. 259.]
(2477-36) SEC. 5. [Election of members.] The three persons, mem-
bers of the fire department to be elected as such trustees shall, together with
three other persons also members of the fire department in any such city, be
nominated for such office of trustee in a convention to be composed of one dele-
gate from each engine, chemical engine, fire boat, hook and ladder or hose com-
pany, fire alarm telegraph company, and from the general office belonging to the
fire department of any such city, and convene at least two weeks prior to the
election of such three persons. That such election shall be held in the respective
houses or headquarters of such engine, chemical engine, fire boat, hook and
ladder or hose company, telegraph department or general office, and to be by
ballot cast by the members of said fire department between the hours of 9
o'clock in the forenoon and 6 o'clock in the afternoon, on the first Tuesday of
January, in each and every year hereafter, except the first election, which shall
be held within thirty days after and by virtue of the passage of this act. That
every such member shall be entitled to cast only one ballot; that no ballot
shall contain the names of more than three persons, and the three persons re-
ceiving the highest number of votes shall be declared elected as such trustees,
and hold their offices until their successors are duly elected. That the captain
or officer in command of any such company, on the day of and immediately
after holding such election, shall convass, count and certify in writing the
number of ballots cast, and the vote received by each candidate for the office
1269
Tit. XII, Div. 8, Ch. 2.
FIRE DEPARTMENT.
§ (2477-37).
of trustee. After signing such certificate, said captain or officer in command
shall at once address and deliver, or mail the same to the secretary of the
board of trustees. That the president and secretary of the board of trustees
shall, together, within three days after the receipt of such certificates by said.
secretary, open the same, and ascertain and determine the total number of
votes so cast at said election for the different persons for the office of trustee,
as returned by said captain or officer in command, and under the respective
hands of such president and secretary issue certificates of their election to the
three persons elected as such trustees. In case a tie vote is received by any
two persons for the office of said trustee, such tie vote shall be decided by cast-
ing lots, or in any other way which may be agreed upon by and between the
persons for whom such tie vote was cast. No election shall be set aside for
want of formality in balloting by such members, or certifying or remitting the
returns of any such election by said captain or officer in charge. [89 v. 259.]
(2477-37) SEC. 6. [Term.] That at all elections of the persons from
the fire department to be members of such board as herein provided, after
the first election there shall be but one person elected annually, and each
person elected shall serve for the term of three years and until his successor
is duly elected, except in the event of the death or resignation of any mem-
ber of such board that shall have been elected as herein provided before the
expiration of his term of office, in which event the said members of the fire
department shall, within thirty days after the death or resignation of any such
member, and after two weeks' notice of the same shall have been posted by the
secretary of the board in each engine, chemical engine, fire boat, hook and
ladder or hose company and fire alarm telegraph company house, and at the
general office of such fire department of the time of such election, the members.
of the said fire department shall proceed to the nomination and election of
such successor in the manner herein before provided, except that there shall be
but two persons nominated for each vacancy that is to be filled; and, provided
further, that members on said board elected from the fire department who may
be in office at the time of the passage of this act shall remain in office until
their terms of office shall expire, and upon such expiration their successors
shall be elected for the term hereinabove provided. [91 v. 586; 89 v. 259.]
(2477-38) SEC. 7. [Organization.] The mayor in such cities shall
also be the president of said board of trustees of the firemen's pension fund.
At the first regular meeting of the said board after each annual election as afore-
said, the said board shall elect one of their number secretary to serve until
his successor is elected and qualified. It is hereby made the duty of the said
secretary to keep a full record of all the proceedings of the said board of trustees,
and all proceedings taken by it in regard to the said firemen's pension fund,
and he shall receive the sum of $100.00 per annum for all services performed
by him as such secretary, which sum shall be made payable as such board of
trustees shall provide. [89 v. 259.]
(2477-39) SEC. 8. [Meetings.] Meetings of the said board of trustees
shall be held regularly on the first Tuesday of each and every month, and at
such other times as may be provided by the by-laws of such board. Four
members of such board shall be a quorum for the transaction of any and all
business that may come before it, and a less number at any meeting may
adjourn to any date, and special meetings may be called by the president in
such manner as may be provided by by-laws of the board. All regular meet-
ings shall be held at the general office of the fire department of any such city.
[89 v. 259.]
(2477–40) SEC. 9. [Tax on foreign insurance companies applied
to said fund.] That the county treasurers of counties containing a city of the
1270
§ (2477-41).
FIRE DEPARTMENT.
Tit. XII, Div. 8, Ch. 2.
first grade of the second class shall, annually, at the time of their annual settle-
ment with the auditors of their respective counties, place to the credit of such
city one-half of the amount to which such city is entitled under its annual
levy of all the taxes paid into the treasury of such county by insurance com-
panies incorporated by the authority of any other state or government, and
doing business in any such city, on the gross receipts of every such insurance.
company, under and by virtue of the provisions of section 2745 of the Revised
Statutes, during the half year preceding such annual settlement, and the
money so paid over to such treasurer shall, together with the amount heretofore
so paid, constitute a pension fund for the purposes and objects hereinafter set
forth. [89 v. 259.]
(2477-41) SEC. 10. [Failure of such companies to make return of
gross receipts; penalty; penalty for neglect of duty by auditor of Frank-
lin county.] In case any such insurance company shall fail to make return to
the office of the auditor of the county in which the office or agency of such in-
surance company may be kept, in the month of February, annually, the
amount of the gross receipts of such agency for entry upon the tax list of the
proper county, such auditor shall forthwith give notice of such failure to the
superintendent of insurance, and said superintendent shall, upon the receipt of
such notice from said auditor, forthwith revoke and recall the license and au-
thority to such insurance company to do or transact business within this state,
and no renewal of authority shall be granted to such insurance company for
three years after such revocation, and it shall be prohibited from transacting
any business in this state until again duly licensed and authorized so to do, and
the said returns shall have been duly made. In each and every case of failure
of the said auditor to give such notice to said superintendent of insurance, said
auditor being cognizant of the existence of such company and of the transac-
tion of business by the same, such auditor shall forfeit and pay to said city, for
the use and benefit of said pension fund, the sum of one hundred dollars, such
forfeiture to be recovered of said auditor in an action at law therefor, brought
against him by any person in the name of any such city, and before any court
of competent jurisdition. [89 v. 259.]
(2477-42) SEC. 11. [Annual statement by such auditor; penalty
for neglect.] That it shall be the duty of the said auditor to make out and
deliver to said board of trustees annually, on the first of May in each and every
year hereafter, a correct statement of the name and agent's name of every such
insurance company so doing business. in said city, together with the amount of
the gross receipts of every such insurance company, as returned by said agent
or company to said auditor for the year previous to the first day of May. In
case of the failure of said auditor to make out and deliver to said board of
trustees any such annual statement at the time named, in each and every year
hereafter, such auditor shall forfeit and pay to said board of trustees, for the use
and benefit of said pension fund, the sum of five hundred dollars, said forfeit
ure to be used [sued] for and recovered of such auditor in an action at law,
brought against him by any person in the name of any such city, and before
any court of competent jurisdiction. [89 v. 259.]
(3477-43) SEC. 12. [Annual statement by treasurer of Franklin
county.] That it shall be the duty of the treasurer of said county to make out
and deliver to the said board of trustees, on the first day of January in each
and every year hereafter, a statement of the name of every such insurance com-
pany doing business in said city, together with the amount of taxes paid into
the treasury of such county by such insurance company, for the year or part
thereof, prior to the making and delivery of such semi-annual statements of
such treasurer to such board of trustees. [89 v.
[89 v. 259.]
1271
Tit. XII, Div. 8, Ch. 2.
FIRE DEPARTMENT.
§ (2477-44).
(2477-44) SEC. 13. [Other revenues of pension fund; permanent
fund.] That the person or persons who from time to time is or are the official
head of the fire department in any such city may impose fines upon any mem-
ber of the fire department in any such city, by way of discipline or punishment,
detain and collect the same from the pay and salary of such member; and such
fines together with all the rewards in money, fees, gifts and emoluments that
may be paid or given especially to such pension fund, on account of extraordi-
nary service by said fire department or any member thereof (except when al-
lowed to be retained by such member, or given to endow a medal or other per-
manent or competitive reward), and all proceeds of suits for penalties for the
violation of any provision of any statute of this state, or ordinances of said city,
with the execution of which the said fire department or any of its officers or
members is now or may be hereafter charged, and any license or other fees pay-
able under the same, shall be paid to and received by the said city treasurer,
and applied by him to the said pension fund. And the said board of trustees
may take by gift, grant, devise or bequest, any money, real estate or personal
property, right of property or other valuable thing, the annual income of which
shall not exceed fifty thousand dollars in the whole, and such money, real
estate or personal property, right of property or other valuable thing so ob-
tained, shall in like manner be paid to and applied by such city treasurer to
the said pension fund by deposit, investment or profit, as hereinafter provided,
or as such board of trustees shall direct; provided that the sum of one hundred
thousand dollars, which may be received and accumulated under the provisions
of this act, shall be, when so received and accumulated, retained as a permanent
fund, the annual income of which may alone be available for uses and purposes
of the said pension fund. [89 v. 259.]
(2477-45) SEC. 14. [Bond of city treasurer.] That the treasurer
of every such city shall execute a bond, with sufficient sureties to the city, for
the faithful performance of his duties as the custodian of such pension fund,
in like manner as his present official bond as such treasurer is drawn, exe-
cuted and filed, and in such penal sum as the said board of trustees shall
direct. [89 v. 259.]
(2477-46) SEC. 15. [Investment of pension fund in bonds; regis-
try of bonds; custodian of bonds; annual report of board.] That the
said board of trustees shall have power to draw such pension fund from the
treasury of such city and may invest the said fund in the name of the board
of trustees of the firemen's pension fund, in interest bearing bonds of the
United States, the state of Ohio or any county in this state or of said cities, or
of any township, incorporated village, or other municipal corporation in the
said state of Ohio, when the power to issue said bonds is derived from either
general or special legislative authority; that the said bonds shall, before the
same are issued to the said board of trustees, be registered in the office of the
treasurer of the United States, or said state of Ohio, or county, city, township,
incorporated village or municipal corporation in this state issuing the same,
and bear upon their face the printed or legible written fact of such registry;
together with the book and page, and the date and place of such registry.
And in such cities it shall be the duty of the trustees of the sinking fund of
said cities, upon the application being made to them for that purpose by the
trustees of the firemen's pension fund, to receive such bonds, and safely keep
the same and deliver the same to said board of trustees of the firemen's pension
fund, only on the order of said board, signed by the president and two mem-
bers thereof, and countersigned by the secretary. The said board of trustees
shall make reports to the common council of the condition of said pension
fund on the first day of January of each and every year. [89 v. 259.]
1272
§ (2477—47).
FIRE DEPARTMENT.
Tit. XII, Div. 8, Ch. 2.
(2477-47) SEC. 16. [Beneficiaries of fund: member of fire depart-
ment permanently disabled in performance of duty, or those killed, etc.]
If any member of the fire department of any such city shall, while in the
performance of his duty, become, or be found upon examination by a medical
officer ordered by said board of trustees, to be physically or mentally perma-
nently disabled, so as to render necessary his retirement from all services in
the said fire department, the chief engineer, chief fire marshal or fire chief of
such fire department shall have power to retire such permanently disabled
member from all service in the said fire department, and upon such retire-
ment, the said board of trustees shall authorize the payment to such perma-
nently disabled member, monthly, from the said pension fund, the sum of
fifty ($50) dollars. If any member of said fire department shall, while in the
performance of his duty, be killed, or die from the effects of any injury thus
received, or of any disease thus contracted, or if any member of said fire de-
partment shall, after ten years' service therein, or while retired, die from any
cause, such member so killed or dying from said injuries or disease, or after
said term of service or retirement, shall leave a widow or minor child or chil
dren under sixteen years of age, or a mother who depended upon him for
support, said board of trustees shall authorize and direct the payment from
the said pension fund the following sums monthly, to-wit: To such widow
while unmarried, the sum of twenty dollars; to the guardian of such minor
child or children, six dollars for each of said children until each child shall
respectively arrive at the age of sixteen years, and twenty dollars to such
dependent mother until she remarries, and in case there is no dependent
mother but a father who is dependent upon such member for support, such
dependent father shall be paid the same sum monthly, as provided herein to
be paid to a dependent mother; provided, however, that if at any time there
should not be sufficient money or bonds to pay each person entitled to the
benefit thereof the full amount as herein before stated, then, and in that event,
an equal percentage of said monthly payments shall be made to each bene-
ficiary thereof, until said fund is so replenished as to warrant payment in full
to each of said beneficiaries. [89 v. 259.]
(2477-48) SEC. 17. [Member partially permanently disabled in
performance of duty or before the end of ten years' service.] In case
of the partial permanent disability of any member of said fire department,
caused in or induced by the actual performance of the duties of his position
as such member, or which shall have occurred before the expiration of ten
years' service in the said fire department, the chief engineer, fire marshal or
fire chief of such fire department, upon an examination of such partially
permanently disabled member by the medical officer ordered by the said board
of trustees, shall have power to relieve such partially permanently disabled
member from actual service at fires, and the said board of trustees, upon such
member being so relieved, shall authorize the payment to such partially
permanently disabled member, monthly from the said pension fund, a sum
not less than thirty dollars or more than forty dollars, or in proportion to the
number of beneficiaries of said fund (as the condition of said pension fund)
may warrant. The member so partially permanently disabled and relieved
from active service at fires, shall remain a member of said fire department,
subject to the rules governing the same, and may be ordered by the said official
head of said fire department to the performance of such light duties as the
medical officer ordered by said official head of said fire department may
certify him qualified to perform, and the said official head of said fire depart-
ment shall, out of the general fund of said fire department, fix and pay such
additional compensation for the performance of said light duties, as the cir
cumstances and merit of each case (in its discretion) may warrant. Such
1273
Tit. XII, Div. 8, Ch. 2.
FIRE DEPARTMENT.
§ (2477-49).
pension and additional compensation so paid to such partially permanently
disabled member mentioned in this and the preceding sections of this act, shall
be in lieu of any salary received by such member at the date of his being so
relieved from active service at fires, and the said city shall not be liable for the
payment of any other claim or demand for services hereafter rendered by such
partially permanently disabled member. [89 v. 259.]
This section is construed end the procedure explained in Karb v. State, 54 O. S. 383, (35 Bull. 266).
(2477-49) SEC. 18. [Member retired.] Any member of the said fire
department, after twenty-five years' service in said fire department, shall, upon
his written application to the said board of fire commissioners, be retired from
ail service in said fire department, and the said board of trustees, upon such
member being so retired, shall authorize the payment to such retired member,
monthly, from the said pension fund, the sum of forty dollars, or in proportion
to the number of beneficiaries of said fund as the condition of said pension
fund will warrant. That the payment of such pension shall be made by drafts
drawn by the order of said board of trustees, signed by the president and
countersigned by the said secretary. [89 v. 259.]
(2477-50) SEC. 19. [Pension fund not liable to attachment, execu-
tion, etc.; "member of fire department" defined.] That no portion of the
said pension fund shall, either before or after its order of distribution by the
said board of trustees to such disabled member of said fire department, or to the
widow, or guardian of the minor child or children, or to the dependent mother
or father of a deceased or retired member of such department, be held, seized,
taken, subjugated, detained or levied on by virtue of any attachment, execution,
injunction, writ, interlocutory or other order or decree, or any process or pro-
ceeding whatever, issued out of or by any court in this state, for the payment or
satisfaction, in whole or in part, of any debt, damages claimed, and judgment,
fine or amercement of such member or his said widow, or the guardian of his
minor child or children, or of the dependent mother or father of any deceased
member; but the said fund shall be sacredly held, kept, secured, promoted and
distributed, for the purpose of pensioning the persons named in this act, and for
no other purposes whatever; provided, however, that no person shall be consid-
ered a member of the fire department within the meaning of this act, or
entitled to its benefits, except the fire chief and assistant fire chiefs, fire
marshal and assistant fire marshals, captains, lieutenants, engineers, stokers,
pipemen, drivers, stablemen, truckmen, assistant superintendents, operators, re-
pairers or linemen of the fire alarm telegraph, and all substitutes regularly ap-
pointed by the said fire marshal or fire chief, according to the rules of said fire
department, while in the actual performance of their duties as substitute mem-
bers. [89 v. 259.]
IN CITIES OF THIRD GRADE FIRST CLASS, AND THIRD GRADE SECOND CLASS.
(2477-51) SEC. 1. [Board of trustees of firemen's pension fund in
certain cities.] The persons who, from time to time, compose the board of
fire commissioners, the board of police and fire commissioners, or such other
board or commission of the city council of any city, having control or manage-
ment of the fire department of such city, and three other persons, members
of the fire department therein, elected as hereafter provided, or such other per-
son or persons as are by law authorized to take charge of and manage such
fund, shall be called the board of trustees of the firemen's pension fund. Pro-
vided, however, that in any city coming within the operation of the provisions
of this act, which has no board of fire commissioners, board of police and fire
commissioners, or other board or commission controlling or managing the fire
1274
§ (2477-52).
FIRE DEPARTMENT.
Tit. XII, Div. 8, Ch. 2.
department of such city, or other person or persons authorized by law to take
charge of and manage such fund, the council of such city shall appoint three
persons electors within such city, who, together with said three members of the
fire department elected as hereinafter provided, as aforesaid, shall constitute
the said board of trustees of the firemen's pension fund of such city. [90 v.
156; 86 v. 114; 84 v. 102.]
But as to cities of the third grade, see ?(2477-67) et seq.
(2477-52) SEC. 2. [Election of three trustees; place of election;
time; bollots; count and canvass; return; declaring result; certificates;
tie vote; formality not required.] The three persons to be elected as such
trustees shall, together with three other persons also members of the said fire
department, be nominated for such office of trustee in a convention called by
the chief of such fire department, such convention to be composed of one dele-
gate from each engine, chemical engine, fire boat, hook and ladder or hose
company, fire alarm telegraph company, and from the general office belonging
to the fire department of any such city, and convened at least two weeks prior
to the election of such three trustees. And in cities where the fire department
does not consist of separate companies, the nominating convention shall con-
sist of not less than five nor more than ten delegates, members of the fire
department, to be selected at a caucus of such members called by the chief not
less than five days prior to such convention. That such election shall be
held in the respective houses or headquarters of such engine, chemical engine,
fire boat, hook and ladder or hose company, telegraph department or general
offices, and be by ballot cast by the members of the said fire department
between the hours of 9 o'clock in the forenoon and 6 o'clock in the afternoon
on the third Tuesday of January in each and every year hereafter, except the
first election, which shall be held within thirty days after, and by virtue of
the passage of this act, and provided, that if in any such city such first elec-
tion shall not have been held on the third Tuesday of January, 1894, the
same shall be held on such day thereafter as the council shall fix for the same;
that every such member shall be entitled to cast only one ballot, that no ballot
shall contain the names of more than three persons, and the three persons
receiving the highest number of votes shall be declared elected as such trustees,
and hold their office until their successors are duly elected. That the captain
or officer in command of any such company, or the chief of the fire depart-
ment, in cities where there are no separate companies on the day of and
immediately after holding such election, shall canvass, count and certify in
writing the number of ballots cast and the votes received by each candidate
for the office of trustee. After signing such certificate, said officer or captain
in command shall at once address and deliver or mail the same to the city
clerk of such city; that the mayor, city clerk and chief of the fire department
shall together, within three days after receipt of such certificates by said clerk,
open the same and ascertain and determine the total number of votes so cast
at said election for the different persons for the office of trustee, as returned
by said captain or officer or chief in command, and under the respective hands
of such mayor and city clerk issue certificates of their election to the three
persons elected as such trustees. In case of a tie vote being received by any
two persons for the office of said trustee, such tie vote shall be decided by cast-
ing lots or in any other way which may be agreed upon by and between the
persons for whom such tie vote was cast. No election shall be set aside for
want of formality in balloting by such members, or certifying or remitting the
returns of any such election by said captain or officer in charge. [91 v. 104;
84 v. 102.]
(2477-53) SEC. 3. [President and secretary of board; record of
proceedings; report.] Said board shall be organized by the election of a
1275
Tit. XII, Div. 8, Ch. 2.
FIRE DEPARTMENT.
§ (2477-54).
president and secretary. The secretary shall keep a full record of all the pro-
ceedings of said board of trustees and all action taken by it in regard to the
said pension fund, and shall annually make a report to the city council of such
city, giving in detail a statement of the transactions of the board for the
current year ending December 31st, in each year, said report to be made to the
council on or before the second Monday in January of each year. [84 v. 102.]
(2477-54) SEC. 4. [Tax on foreign insurance companies to be paid
to fund; proviso.] That the county treasurers of counties containing a city
shall, semi-annually, at the time of making their semi-annual settlement with
the auditors of their respective counties, pay over to the treasurers of any city.
in any such county, on the warrant of the county auditor, one-half of the
taxes paid into the treasury of such county by insurance companies incorpo-
rated by the authority of any other state or government, and doing business.
under
in any such city, on the gross receipts of every such insurance company
and by virtue of the provisions of section 2745 of the Revised Statutes, and
during the half year preceding such semi-annual settlement, and the money
so paid over to such city-treasurer shall, together with the amount heretofore
so paid, constitute a pension fund for the purposes and objects hereinafter set
forth. Provided nothing herein contained shall be construed to alter, amend,
supplement or repeal any provision of the statutes relating to or affecting the
creation, control, management or maintenance of a firemen's pension fund for
cities of the first or second grade of the first class or of the first or second
grade of the second class. [90 v. 156; 86 v. 114, 84 v. 102.]
As to Cleveland, see ?? (1945-1), (1945—2).
As to Cincinnati, see ? (2477—4).
As to Columbus, see ? (2477-40).
As to certain other cities, see ?? (2477-63), (2477—70).
As to Springfield, see ? (2477—84).
(2477-55) SEC. 5. [Failure of such companies to make return of
gross receipts; penalty; duty of county auditor; penalty for neglect.]
In case any such insurance company shall fail to make return to the office of
the auditor of the county in which the office or agency of such insurance com-
pany may be kept, in the month of May, annually, the amount of the gross
receipts of such agency for entry upon the tax list of the proper county, such
auditor shall forthwith give notice of such failure to the superintendent of
insurance and said superintendent shall, upon the receipt of such notice from
said auditor, forthwith revoke and recall the license and authority to such
insurance company to do or transact business within this state. And no
renewal of authority shall be granted to such insurance company for three
years after such revocation, and it shall be prohibited from transacting any
business in this state until again duly licensed and authorized so to do, and the
said return shall have been duly made. In each and every case of the failure
of the said auditors to give such notice to said superintendent of insurance,
such auditor shall forfeit and pay to said city, for the use and benefit of said
pension fund the sum of one hundred dollars, such forfeiture to be recovered
of said auditor in an action at law therefor, brought against him by any person,
in the name of any such city, and before any court of competent jurisdiction.
[84 v. 102.]
(2477-56) SEC. 6. [Duty of auditor to deliver statement of such
gross receipts, etc., to board; penalty for neglect.] That it shall be the
duty of said auditor to make out and deliver to the said board of trustees,
annually, on the first of July, in each and every year hereafter, a correct state-
ment of the name and agent's name of every such insurance company so doing
business in said city, together with the amount of the gross receipts of every
such insurance company as returned by said agent or company to said auditor
for the year previous to such first day of July. In case of the failure of said
1276
§ (2477-57).
FIRE DEPARTMENT.
Tit. XII, Div. 8, Ch. 2.
auditor to so make out and deliver to said board of trustees any such annual
statement at the time named in each and every year hereafter, such auditor
shall forfeit and pay to said board of trustees for the use and benefit of the said
pension fund, the sum of twenty-five dollars. Such forfeiture to be sued for
and recovered of such auditor in an action at law brought against him by any
person in the name of any such city, and before any court of competent juris-
.ction. [84 v. 102.]
(2477-57) SEC. 7.
SEC. 7. [Duty of auditor to deliver semi-annual state-
ment of taxes paid, etc.; penalty for neglect.] That it shall be the duty of
the auditor of the said county to make out and deliver to the said board of
trustees, semi-annually, each and every year hereafter, a statement showing
the amount of the taxes paid into the treasury of such county by such insur-
ance companies for the year, or part thereof, prior to the making and delivery
of such semi-annual statement of said auditor to such board of trustees, and
in case of the failure of said auditor to so make out and deliver such semi-
annual statement to said board of trustees, as herein provided, in each and
every year hereafter, such auditor shall forfeit and pay to said board of trustees,
for the use and benefit of said pension fund, the sum of twenty-five dollars.
Such forfeiture to be sued for and recovered against him in an action therefor,
brought by any person, in the name of such city, before any court of com-
petent jurisdiction. [84 v. 102.]
(2477-58) SEC. 8. [Other revenues of such fund; fines, gifts, etc.;
permanent fund.] All fines imposed upon members of the fire department in
any such cities by way of discipline or punishment, together with all rewards
in money, fees, gifts and emoluments that may be paid or given specially to
said pension fund on account of extraordinary services by said fire department,
or any member thereof (except when allowed to be retained by such member,
or given to endow a medal, or other permanent or competitive reward) shall
be paid to and received by the said city treasurer, and applied by him to the
said pension fund, and the said board of trustees may take by gift, grant,
devise or bequest any money, real estate or personal property, right of property
or other valuable thing, the annual income of which shall not exceed fifty
thousand dollars in the whole, and such money real estate or personal prop-
erty, right of property or other valuable thing so obtained, shall in like man-
ner be paid to and applied by such city treasurer to the said pension fund, and
also to the use of such fund by deposit, investment or profit as hereinafter pro-
vided, or as such board of trustees shall direct; provided that the sum of one
hundred thousand dollars, which may be received and accumulated under the
provisions of this act, shall be, when so received and accumulated, retained as
a permanent fund, the annual income of which may alone be made available
for the uses and purposes of said pension fund. [84 v. 102.]
(2477-59) SEC. 9. [City treasurer's bond.] That the treasurer of
every such city shall execute a bond with sufficient sureties to such city for
the faithful performance of his duties as the custodian of such pension fund,
in like manner as his present official bond as such treasurer is drawn, exe-
cuted and filed, and in such penal sum as the said board of trustees shall
direct. [84 v. 102.]
(2477-60) SEC. 10. [Power to invest said fund in registered bonds;
annual report of trustees.] That the said board of trustees shall have power
to draw such pension fund from the treasury of such city, and may invest the
said fund in the name of "the board of trustees of the firemen's pension
fund," in interest bearing bonds of the United States, the state of Ohio, or any
county in this state, or of said cities or of any township, incorporated village,
or other municipal corporation in the state of Ohio where the power to issue
such bonds is derived from either general or special legislative authority.
1277
Tit. XII, Div. 8. Ch. 2.
FIRE DEPARTMENT.
§ (2477-61).
That the said bonds shall, before the same are issued to the said board of
trustees, be registered in the office of [the] treasurer of the United States, or
said state of Ohio, or county, city, township, incorporated village or other
municipal corporation in this state issuing the same, and bear upon their face the
printed or legibly written fact of such registry together with the book and page,
and the date and place of such registry. The said board of trustees shall make
report to the common council of the condition of said pension fund on the
second day of January in each and every year. [84 v. 102.]
(2477-61) SEC. 11. [Beneficiaries of such fund; payments to.] If
any member of the fire department of any such city shall, while in the per-
formance of his duty, become or be found upon an examination of a medical
officer ordered by said board or committee having control of the fire depart-
ment, to be physically or mentally permanently disabled, and such disability
shall have been caused in or induced by the actual performance of the duties
of his position as such member, so as to render necessary his retirement from
all service in the said fire department, such board or committee shall have
power to retire such permanently disabled member from all service in the said
fire department, and upon such retirement the said board of trustees shall au-
thorize the payment to such permanently disabled member, monthly, from
the said pension fund, upon the order of the city clerk, such sum as the said
board of trustees may allow, but not exceeding twenty dollars per month, in
cities of the fourth grade of the second class; the sum of twenty-five dollars in
cities of the third grade of the second class, and forty dollars in cities of the
third grade of the first class. If any member of the said fire department shall,
while in the performance of his duty, be killed, or in said cities of the second
class, third grade, was thus killed after the passage of said original act and be-
fore the organization of the firemen's pension (fund), or die of the effects of an
injury thus received, or of any disease thus contracted, or while retired, die
from any such cause, and such members so killed, or dying from said injuries
or disease, [and] shall leave a widow, or minor child or children under sixteen
years of age, or a mother who depended upon him for support, said board of
trustees shall authorize and direct the payment from the said pension fund of
the following sums monthly, to wit: To such widow, while unmarried, twenty
dollars; to the guardian of such minor child or children, six dollars for each
of said children until each child shall respectively arrive at the age of sixteen
years, and twenty dollars to such dependent mother until she remarries; and
in case there is no dependent mother, but a father who is dependent upon such
member for support, such dependent father shall be paid the same sum
monthly provided herein to be paid to a dependent mother; provided, how-
ever, that if at any time there should not be sufficient money or bonds to the
credit of the said pension fund to pay to each person entitled to the benefit
thereof the full amount per month as herein before stated, then and in that event
an equal percentage of said monthly payments shall be made to each bene-
ficiary thereof until said fund is so replenished as to warrant payment in full
to each of said beneficiaries. Provided that in cities of the fourth grade of
the second class if any member of a volunteer fire department of such city shall
while in the performance of his duties as such fireman through accident, ex-
posure or otherwise become temporarily disabled to such an extent and as to
prevent such member from following his usual avocation, said board may pay
such disabled member weekly during such disability such sum not exceeding
five dollars per week as said board of trustees may deem proper, which weekly
allowance shall be paid out of said pension fund upon the order of the city
clerk as herein before provided. [91 v. 105; 90 v. 31; 88 v. 441; 84 v. 102.]
See note to 2 (2477-48).
(2477-62) SEC. 12. [Payments not subject to attachment, execu-
tion, etc.] That no portion of the said pension fund shall either before or
1278
•
§ (2477-63).
FIRE DEPARTMENT.
Tit. XII, Div. 8, Ch. 2.
after its order of distribution by the said board of trustees to such disabled
member of said fire department, or to the widow or guardian of the minor
child or children, or to the dependent mother or father of a deceased or retired
member of such department, [to] be held, seized, taken, subjugated to, detained or
levied on by virtue of any attachment, execution, injunction, writ, interlocu-
tory or other order or decree, or any process or proceeding whatever, issued
out of or by any court in this state, for the payment or satisfaction, in whole
or in part, of any debt, damages, claim, demand, judgment, fine or amercement
of such member, or his said widow, or the guardian of the minor child or
children, or of the dependent mother or father of any deceased member; but
the said fund shall be sacredly kept, held, secured, promoted and distributed
for the purpose of pensioning the persons named in this act, and for no other
purpose whatever. [84 v. 102.]
(2477-63) SEC. 1. [In certain cities, one-half of tax from foreign in-
surance companies for support of disabled firemen.] The county treasurers
of counties containing a city of the first or second grade of the first class or of the
second grade of the second class shall, semi-annually, at the time of their semi-
annual settlement with the auditors of their respective counties, pay over to the
treasurer of such city one-half of the amount to which such city is entitled,
under his annual levy, to receive of all the taxes paid into the treasuries of
their respective counties by foreign insurance companies on their gross receipts,
under the provisions of section twenty-seven hundred and forty-five of the revised
statutes, during the half year preceding such semi-annual settlement, and the
money so paid over to the city treasurers shall; together with the amount here-
tofore so paid, constitute a fund for the purposes and objects hereinafter set forth.
[1883, March 29: 80 v. 86; 78 v. 137; 77 v. 309.]
Modified as to Cleveland by ? (1945-1).
Part of tax on foreign insurance companies to go to fund in Cleveland, see ? (1945–2).
As to Cincinnati, see also ? (2477-4).
As to Columbus, see also (2477-40).
As to cities generally, see ? (2477-54).
As to certain other cities, see ? (2477-70).
As to Springfield, see ? (2477—84).
(2477-64) SEC. 2. [Board of trustees of the firemen's relief fund;
president and secretary; investment of the fund; custody of securities in
Cincinnati.] The persons who, from time to time, comprise the board of fire
commissioners of the city, and two members of the fire department, to be
elected by the members of said department, on the first Tuesday of January
of each year, except the first election, which shall take place within thirty days.
from the passage of this act, shall constitute and be a board for the distribution
of said fund, to be called the board of trustees of the firemen's relief fund, and
the president and secretary of said board of fire commissioners shall be the
president and secretary of said board of trustees. It is hereby made the duty
of the secretary to keep a full record of all the proceedings of said board of
trustees, and all action taken by it in regard to said fund, and said board shall
have power to draw such fund from the treasury of said city on the warrant of
the president, countersigned by the secretary, and may invest the same in
interest bearing bonds of the United States, state of Ohio, and in those of said
cities, and shall make report to the city council of the condition of said fund
on the first day of January of each year. And in cities of the first grade of the
first class, it shall be the duty of the trustees of the sinking fund of said cities,
upon application being made to them for that purpose by the trustees of the
firemen's relief fund, to receive such bonds and safely keep the same, and deliver
the same to said board of trustees of the firemen's relief fund only on the order
of said board, signed by the president and two members thereof, and counter-
signed by the secretary. [1888, April 10: 85 v. 169; 80 v. 86; 77 v. 309.]
t
1279
Tit. XII, Div. 8, Ch. 2.
FIRE DEPARTMENT.
$(2478-65).
If any
(2477-65) SEC. 3. [Beneficiaries of firemen's relief fund.]
member of the fire department of such city shall, while in the actual perform-
ance of his duty as such member, become permanently disabled, so as to render
necessary his retirement from the department, such board shall authorize the
payment to such disabled member, monthly, the sum of forty dollars. Or if
any member of the department shall, while in the actual performance of his
duty as such member, be killed or die from the effects of injuries received while
so performing said duty, or if any member of said department in good stand-
ing after ten years of consecutive service therein die from any cause, and such
member so killed or dying either from said injuries or after said service shall
leave a widow, minor child, or children under sixteen years of age, or a widowed
mother who depended on him for support, said board shall authorize the
pay-
ment of the following sums, monthly, to wit: To such widow while unmarried,
fifteen dollars; to the guardian of such child or children, five dollars for each
of said children, and twenty dollars to such widowed mother while she remains
unmarried; provided, however, that if at any time there should not be suffi-
cient money to the credit of the said fund to pay to each person entitled to
the benefit thereof the full amount per month as above, then, and in that event,
an equal percentage of said monthly payments shall be paid each beneficiary
until said fund is so replenished as to warrant payment to each of said bene-
ficiaries in full. And it is further provided that no person shall be considered
a member of the fire department within the meaning of this act, or entitled
to its benefits except the fire marshal, or chief of fire department and assistant
fire marshals or assistant chiefs, captains, lieutenants, engineers, stokers, drivers,
pipemen, truckmen, and assistant superintendent, repairers, or linemen of the
fire alarm telegraph. [1886, March 24: 83 v. 37; 80 v. 86; 77 v. 309.]
(2477-66) SEC. 4. [Board to hear and decide application.] It shall
be the duty of said board to hear and decide upon the application for the bene-
fit of such fund; and in all cases in which said board shall decide to grant relief
from said fund, the same shall be approved by a majority of said board; and
the secretary shall be and is hereby authorized to draw a warrant upon the city
treasurer, to be countersigned by at least two members of the board, for any
amount so ordered to be paid; but before any warrant therefor is paid by the
city treasurer, there shall be filed with him by the secretary of said board a
certified copy of the order of said board directing such payment. [77 v. 309.]
IN CITIES THIRD GRADE SECOND CLASS.
(2477-67) SEC. 1. [Board of trustees of firemen's pension fund in
cities third grade second class.] The persons who, from time to time, com-
pose the board of fire commissioners, or such other board or committee of the
city council of any city of the third grade of the second class, having control
or management of the fire department of such city, and three other persons,
members of the fire department therein, elected as hereinafter provided, shall
constitute and be the trustees for the distribution of the pension fund now
existing or hereafter provided, and shall be called "the board of trustees of the
firemen's pension fund." [92 v. 346.]
(2477–68) SEC. 2. [Election of trustees; time, etc.] The three
persons to be elected as such trustees shall, together with three other persons,
also members of the said fire department, be nominated for such office of
trustee in a convention to be composed of one delegate from each engine,
chemical engine, fire boat, hook and ladder or hose company, fire alarm tele-
graph company and the general office belonging to the fire department of any
such city and called by chief of such fire department or three members of such
fire department, and convened at least two weeks prior to the election of such
three trustees. That such election shall be held in the respective houses or
1280
§ (2477-69).
FIRE DEPARTMENT.
Tit. XII, Div. 8, Ch. 2.
headquarters of such engine, chemical engine, fire boat, hook and ladder or
hose company, telegraph department or general offices, and be by ballot, cast
by the members of the said fire department between the hours of nine o'clock
in the forenoon and six o'clock in the afternoon on the third Tuesday in
January, in each and every year hereafter, except the first election, which shall
be held within thirty days after, and by virtue of the passage of this act.
That every such member shall be entitled to cast only one ballot. That no
ballot shall contain the names of more than three persons, and the persons
receiving the highest number of votes shall be declared elected as such trustees,
and hold their office until their successors are duly elected. That the captain
or officer in command of any such company, on the day of and immediately
after holding such election, shall canvass, count, and certify in writing the
number of ballots cast and the vote received by each candidate for the office
of trustee. After signing such certificate said officer or captain in command
shall at once address and deliver, or mail the same to the city clerk, of such
city that the mayor, city clerk and chief of the fire department shall together,
within three days after the receipt of such certificates by said secretary, open
the same, and ascertain and determine the total number of votes so cast at said
election for the different persons for the office of trustee as returned by said
captain or officer in command, and under the respective hands of such mayor
and city clerk, issue certificates of their election to the three persons elected as
such trustees. In case of a tie vote being received by any two persons for the
office of said trustee, such tie vote shall be decided by casting lots or in any
other way which may be agreed upon by and between the persons for whom
such tie vote was cast. No election shall be set aside for want of formality in
balloting by such members, or certifying or remitting the returns of any such
election by said captain or officer in charge. [92 v. 346.]
(2477-69) SEC. 3. [Organization; record; report.] Said board shall
be organized by the election of a president and secretary. The secretary shall
keep a full record of the proceedings of said board of trustees, and all action
taken by it in regard to the said pension fund, and shall annually make a re-
port to the city council of such city, giving in detail a statement of the trans-
actions of the board for the current year ending December 31, in each year,
said report to be made to the council on or before the second Monday in Jan-
uary of each year. [92 v. 346.]
(2477-70) SEC. 4. Tax on foreign insurance companies applied to
pension fund.] That the county treasurers of counties containing a city or
cities of the third grade of the second class, semi-annually at the time of their
semi-annual settlement with the auditors of their respective counties, pay over
to the treasurer of such cities, on the warrant of the county auditor, one-half
of the taxes paid into the treasury of such county by insurance companies in-
corporated by the authority of any other state or government and doing busi-
ness in any such city, on the gross receipts of every such insurance company
under and by virtue of the provisions of section 2745 of the Revised Statutes,
during the half-year preceding such semi-annual settlement, and the money so
paid over to such city treasury shall, together with the amount heretofore so
paid, constitute a pension fund for the purposes and objects hereinafter set
forth. [92 v. 346.]
(2477-71) SEC. 5. [Notice of failure of insurance company to make
return and penalty for such delinquency.] In case any such insurance
company shall fail to make return to the office of the auditor of the county
in which the office or agency of such insurance company may be kept, in the
month of May, annually, the amount of the gross receipts of such agency for
entry upon the tax list of the proper county, the auditor shall forthwith give
notice of such failure to the superintendent of insurance, and said superin-
1281
Tit. XII, Div. 8, Ch. 2.
FIRE DEPARTMENT.
§ (2477-72).
tendent shall, upon the receipt of such notice from said auditor, forthwith re-
voke and recall the license and authority to such insurance company to do or
transact business within the state. And no renewal of authority shall be
granted to such insurance company for three years after such revocation, and
it shall be prohibited from transacting any business in this state until again
duly licensed and authorized so to do, and the said return shall have been duly
made. In each and every case of the failure of the said auditors to give such
notice to said superintendent of insurance, such auditor shall forfeit and pay
to said city, for the use and benefit of said pension fund the sum of one hun-
dred dollars, such forfeiture to be recovered of said auditor by an action at law
therefor, brought against him by any person, in the name of any such city,
and before any court of competent jurisdiction. [92 v. 346.]
(2477-72) SEC. 6. [Auditor's annual statement of names and gross
receipts; penalty for failure.] That it shall be the duty of said auditor to
make out and deliver to the said board of trustees annually, on the first of July,
in each and every year hereafter, a correct statement of the name and agent's
name of every such insurance company so doing business in said city, together
with the amount of the gross receipts of every such insurance company as re-
turned by said agent or company to said auditor for the year previous to such
first day of July. In case of failure of said auditor to so make out and deliver
to said board of trustees any such annual statement at the time named in each
and every year hereafter, such auditor shall forfeit and pay to said board of
trustees for the use and benefit of the said pension fund, the sum of twenty-five
dollars. Such forfeiture to be sued for and recovered of such auditor in an
action at law brought against him by any person, in the name of any such city,
and before any court of competent jurisdiction. [92 v. 346.]
(2477-73) SEC. 7. [Auditor's semi-annual statement of taxes paid;
penalty for failure.] That it shall be the duty of the auditor of the said
county to make out and deliver to the said board of trustees, semi-annually,
each and every year hereafter, a statement showing the amount of taxes paid
into the treasury of such county by such insurance companies for the year,
or part thereof, prior to the making and delivery of such semi-annual state-
ment of said auditor to such board of trustees, and in case of the failure of
said auditor to so make out and deliver such semi-annual statement to said
board of trustees, as herein provided, in each and every year hereafter, such
auditor shall forfeit and pay to said board of trustees, for the use and benefit
of said pension fund, the sum of twenty-five dollars. Such forfeiture to be
sued for and recovered against him in an action therefor, brought by any per-
son in the name of such city, before any court of competent jurisdiction. [92
v. 346.]
(2477-74) SEC. 8. [Other revenue of such fund; permanent fund.]
All fines imposed upon members of the fire department in any such cities by
way of discipline or punishment, together with all rewards in money, fees,
gifts and emoluments that may be paid or given especially to said pension
fund on account of extraordinary services by said fire department, or any
member thereof (except when allowed to be retained by such member, or given
to endow a medal, or other permanent or competitive reward) shall be paid to
and received by the said city treasurer, and applied by him to the said pension.
fund, and the said board of trustees may take by gift, grant, devise or bequest
any money, real estate or personal property, right of property or other valu-
able thing, the annual income of which shall not exceed fifty thousand dollars
in the whole, and such money, real estate or personal property, right of prop-
erty or other valuable thing so obtained, shall in like manner be paid to and
applied by such city treasurer to the said pension fund, and also to the use
of such fund by deposit, investment or profit as hereinafter provided, or as
82
1282
§ (2477—75).
FIRE DEPARTMENT.
Tit. XII, Div. 8, Ch. 2.
such board of trustees shall direct; provided, that the sum of one hundred
thousand dollars, which may be received and accumulated under the provisions
of this act, shall be, when so received and accumulated, retained as a perma-
nent fund, the annual income of which may alone be made available for the
uses and purposes of said pension fund. [92 v. 346.]
(2477-75) SEC. 9. [City treasurer's bond.] That the treasurer of
every such city shall execute a bond with sufficient sureties to such city for
the faithful performance of his duties as the custodian of such pension fund,
in like manner as his present official bond as such treasurer is drawn, executed
and filed, and in such penal sum as the said board of trustees shall direct.
[92 v. 346.]
(2477—76) SEC. 10. [Power to invest fund in registered bonds;
annual report.] That the said board of trustees shall have power to draw
such pension fund from the treasury of such city, and invest the said fund
in the name of "the board of trustees of the firenien's pension fund" in in-
terest bearing bonds of the United States, the state of Ohio, or any county in
this state, or of said cities or of any township, incorporated village, or other
municipal corporation in the state of Ohio, where the power to issue bonds is
derived from either general or special legislative authority. That the said bonds
shall, before the same are issued to the said board of trustees, be registered in
the office of treasurer of United States, or said state of Ohio, or county, city,
township, incorporated village or other municipal incorporation in this state
issuing the same, and bear upon their face the printed or legibly written fact
of such registry, together with the book, and page, and the date and place of
such registry. The said board of trustees shall make report to the common
council of the condition of said pension fund on the second day of January
of each and every year. [92 v, 346.]
(2477-77) SEC. 11. [Beneficiaries of fund; member of department
permanently disabled; dependents of deceased members.] If any mem-
ber of the fire department of any such city shall, while in the performance of
his duty, become or be found upon an examination of a medical officer or-
dered by said board or committee having control of the fire department, to be
physically or mentally permanently disabled, and such disability shall have
been caused in, or induced by the actual performance of the duties of his
position as such member, so as to render necessary his retirement from all serv-
ices in the said fire department, such board or committee shall have power to
retire such permanently disabled member from all service in the said fire de-
partment, and upon such retirement said board of trustees shall authorize the
payment to such permanently disabled member, monthly from the said pen-
sion fund upon the order of the city clerk, the sum of forty dollars. If any
member of the said fire department shall, while in the performance of his
duty, be killed, or die from the effects of an injury received, or of any disease
thus contracted, or while retired, die from such cause, [and] such member so
killed or dying from said injuries or disease, shall leave a widow, or minor
child or children under sixteen years of age, or a mother who depended upon
him for support, said board of trustees shall authorize and direct the payment
from the said pension fund of the following sums monthly, to wit: To such
widow, while unmarried, twenty dollars; to the guardian of such minor
child or children, six dollars for each of said children until each child shall
respectively arrive at the age of sixteen years, and twenty dollars to such
dependent mother, until she remarries; and in case that there is no de-
pendent mother, but a father who is dependent upon such member for sup-
port, said dependent father shall be paid the same sum monthly provided
herein to be paid to a dependent mother; provided, however, that if at any
time there should not be sufficient money or bonds to the credit of the said
1283
Tit. XII, Div. 8, Ch. 2.
FIRE DEPARTMENT.
§ (2477-78).
pension fund to pay to each person entitled to the benefit thereof, the full
amount per month as herein before stated, then and in that event, an equal
percentage of said monthly payments shall be made to each beneficiary there-
of, until said fund is so replenished as to warrant payment in full to each of
said beneficiaries. [92 v. 346.]
(2477-78) SEC. 12. [Member partially permanently disabled.] In
case of partial permanent disability of any member of said fire department
caused in or induced by the actual performance of the duties of his position as
such member, or which shall have occurred before the expiration of ten years'
service in the said fire department, the chief engineer, fire marshal, or fire chief
of such fire department, upon an examination of such partially permanently
disabled member, by the medical officer ordered by the said board of trustees,
shall have power to relieve such partially, permanently disabled member from
actual service at fires, and the said board of trustees upon such member being
so relieved shall authorize the payment to such partially, permanently disabled
member, monthly from the said pension fund, a sum not less than twenty dol-
lars or more than thirty dollars or in proportion to the number of beneficiaries
of said fund (as the condition of said pension fund) may warrant. The mem-
ber so partially permanently disabled and relieved from active service at fires,
shall remain a member of said fire department, subject to the rules governing
the same, and may be ordered by the said official head of said fire department
to the performance of such light duties as the medical officer ordered by such
official head of said fire department may certify him qualified to perform, and
the said official head of said fire department shall, out of the general fund of
said fire department, fix and pay such additional compensation for the perform-
ance of said light duties, as the circumstances and merit of each case (in its dis-
cretion) may warrant. Such pension and additional compensation so paid to
such partially permanently disabled member mentioned in this and the preced-
ing sections of this act, shall be in lieu of any salary received by such member
at the date of his being so relieved from active service at fires, and said city
shall not be liable for the payment of any other claim or demand for services
hereafter rendered by such partially permanently disabled member. [92 v. 346.]
See Karb v. State, 54 O. S. 383, noted under 2 (2477-48).
(2477-79) SEC. 13. [Member retired.] Any member of the said fire
department after twenty-five years' service in said fire department, shall upon
his written application to the said board of fire commissioners or other official
head of said fire department be retired from all service in said fire department
and the said board of trustees upon such member being so retired shall author-
ize the payment to such retired member monthly from the said pension fund
the sum of thirty dollars, or in proportion to the number of beneficiaries of said
fund as the condition of said pension fund will warrant. That any member of
the said fire department after thirty years' service in said fire department shall
upon his written application to the said board of fire commissioners or the
official head of said fire department, be retired from all service in said fire de-
partment and the said board of trustees upon such member being so retired
shall authorize the payment to such retired member monthly from the said
pension fund the sum of thirty-five dollars or in proportion to the number of
beneficiaries of said fund as the condition of said pension fund will warrant.
That the payment of such pension shall be made as provided in section 2 of
this bill, or section 2 of senate bill No. 380, 67th general assembly. [92 v. 346.]
The act referred to in last line of this section is in 84 v. 102, and appears in an amended form in (2477–52).
(2477-80) SEC. 14. [Exemption from attachment, execution, etc.]
That no portion of said pension fund shall, either before or after its order of
distribution by the said board of trustees to such disabled member of said fire
department, or to the widow or guardian of the minor child or children, or to
the dependent mother or father of the deceased or retired member of said de-
1284
§ (2477-81).
FIRE DEPARTMENT.
Tit. XII, Div. 8, Ch. 2.
partment, be held, seized, taken, subjugated to, detained or levied on by virtue
of any attachment, execution, injunction, writ, interlocutory, or other order or
decree, or any process or proceeding whatever, issued out of or by any court in
this state, for the payment or satisfaction, in whole or in part, or any debt,
damages, claim, demand, judgment, fine or amercement of such member, or his
said widow, or the guardian of the minor child or children or of the dependent
mother or father of any deceased member; but the said fund shall be sacredly
kept, held, secured, promoted and distributed for the purpose of pensioning the
persons named in this act, and for no other purpose whatever. [92 v. 346.]
SPRINGFIELD.
(2477-81) SEC. 1. [Board of trustees of pension fund.] The per-
sons who, from time to time, compose the board of police and fire commis-
sioners, or such other board or committee of the city council of any city of the
second class, third grade a, having control or management of the fire depart-
ment of such city, and three other persons, members of the fire department
therein, elected as hereinafter provided, shall constitute and be the trustees for
the distribution of the firemen's pension fund now existing or hereafter pro-
vided, and shall be called "the board of trustees of the firemen's pension fund."
[93 v. 642.]
(2477-82) SEC. 2. [Election of trustees; time, etc] The three
persons to be elected as such trustees shall, together with three other persons,
also members of the said fire department, be nominated for such office of trus-
tee in a convention to be composed of one delegate from each engine, chemical
engine, hook and ladder or hose company, fire alarm telegraph company and
the general office belonging to the fire department of any such city and called
by the chief of such fire department or three members of such fire department,
and convened at least two weeks prior to the election of such three trustees.
That such election shall be held in the respective houses or headquarters of
such engine, chemical engine, hook and ladder or hose company, telegraph de-
partment or general offices, and be by ballot, cast by the members of the said
fire department between the hours of nine o'clock in the forenoon and six
o'clock in the afternoon on the third Tuesday in January, in each and every
year hereafter, except the first election, which shall be held within thirty days
after, and by virtue of the passage of this act. That every such member shall
be entitled to cast only one ballot. That no ballot shall contain the names
of more than three persons, and the persons receiving the highest number of
votes shall be declared elected as such trustees, and hold their office until their
successors are duly elected. That the captain or officer in command of any
such company, on the day of and immediately after holding such election,
shall canvass, count and certify in writing the number of ballots cast and the
vote received by each candidate for the office of the trustee. After signing such
certificate said officer or captain in command shall at once address and deliver,
or mail the same to the city clerk of such city, that the mayor, city clerk and
chief of the fire department shall together, within three days after the receipt
of such certificates by said secretary, open the same, and ascertain and deter-
mine the total number of votes so cast at said election for the different persons
for the office of trustee as returned by said captain or officer in command, and
under the respective hands of such mayor and city clerk, issue certificates of
their election to the three persons elected as such trustees. In case of a tie
vote being received by any two persons for the office of said trustee, such tię
vote shall be decided by casting lots or in any other way which may be agreed
upon by and between the persons for whom such tie vote was cast. No election
shall be set aside for want of formality in balloting by such members, or certi-
1285
Tit. XII, Div. 8, Ch. 2.
FIRE DEPARTMENT.
§ (2477-83).
fying or remitting the returns of any such election by said captain or officer in
charge. [93 v. 642.]
(2477–83) SEC. 3. [Organization; record; report; duties of treas-
urer; bond of treasurer; same person may hold office of secretary and
treasurer.] Said board shall be organized by the election of a president, vice-
president, secretary and treasurer. The secretary shall keep a full record of
the proceedings of said board of trustees, and of all action taken by it in regard
to the said pension fund, and shall annually make a report to the city council
of such city, giving in detail a statement of the transactions of the board for
the current year ending December 31, in each year. Said report to be made
to the council on or before the second Monday in January of each year. Said
treasurer shall safely keep all bonds, securities or other property belonging to
said board of trustees, and shall annually, at the time above specified, make a
report to said council of the amount and condition of same. He shall give
bond, conditioned according to law, in such amount as said board of trustees
may direct, and with sureties to the approval of said board of trustees; and said
offices of secretary and treasurer may be held by the same person. [93 v. 643.]
(2477-84) SEc. 4. [Tax on foreign insurance companies applied
to pension fund.] That the county treasurers of counties containing a city
or cities of the second class, third grade a, shall semi-annually at the time of
their semi-annual settlement with the auditors of their respective counties, pay
over to the treasurer of such cities, on the warrant of the county auditor, one-
half of the taxes paid into the treasury of such county, by insurance companies
incorporated by the authority of any other state or government, and doing
business in any such city, on the gross receipts of every such insurance com-
pany under and by virtue of the provisions of section 2745 of the Revised
Statutes, during the half year preceding such semi-annual settlement, and the
money so paid over to such city treasurer shall, together with the amount
heretofore so paid, constitute a pension fund for the purposes and objects here-
inafter set forth. [93 v. 643.]
(2477-85) SEC. 5. [Notice of failure of insurance company to make
return and penalty for such delinquency.] In case any such insurance com-
pany shall fail to make return to the office of the auditor of the county in which
the office or agency of such insurance company may be kept, in the month of
May, annually, the amount of the gross receipts of such agency for entry upon
the tax list of the proper county, the auditor shall forthwith give notice of such
failure to the superintendent of insurance, and said superintendent shall, upon
the receipt of such notice from said auditor, forth with revoke and recall the
license and authority to such insurance company to do or transact business
within the state. And no renewal of authority shall be granted to such in-
surance company for three years after such revocation, and it shall be pro-
hibited from transacting any business in this state until again duly licensed
and authorized so to do, and the said return shall have been duly made. In
each and every case of the failure of the said auditors to give such notice to
said superintendent of insurance, such auditor shall forfeit and pay to said
city, for the use and benefit of said pension fund, the sum of one hundred dol-
lars, such forfeiture to be recovered of said auditor by an action at law therefor,
brought against him by any person, in the name of any such city, and before
any court of competent jurisdiction. [93 v. 644.]
(2477-86) SEC. 6. [Auditor's annual statement of names and gross
receipts; penalty for failure.] That it shall be the duty of said auditor to
make out and deliver to the said board of trustees annually, on the first of July,
in each and every year hereafter, a correct statement of the name and agent's
name of every such insurance company so doing business in said city, together
with the amount of the gross receipts of every such insurance company as returned
1286
§ (2477—87).
FIRE DEPARTMENT.
Tit. XII, Div. 8, Ch. 2.
by said agent or company to said auditor for the year previous to such first day
of July.
In case of failure of said auditor to so make out and deliver to said
board of trustees any such annual statement at the time named in each and
every year hereafter, such auditor shall forfeit and pay to said board of trustees
for the use and benefit of the said pension fund, the sum of twenty-five dollars.
Such forfeiture to be sued for and recovered of such auditor in an action at
law brought against him by any person, in the name of any such city, and
'before any court of competent jurisdiction. [93 v. 644.]
(2477-87) SEC. 7. [Auditor's semi-annual statement of taxes paid;
penalty for failure.] That it shall be the duty of the auditor of the said
county to make out and deliver to the said board of trustees, semi-annually,
each and every year hereafter, a statement showing the amount of taxes paid
into the treasury of such county by such insurance company for the year, or
part thereof, prior to the making and delivery of such semi-annual statement
of said auditor to such board of trustees, and in case of the failure of said audi-
tor to so make out and deliver such semi-annual statement to said board of
trustees, as herein provided, in each and every year hereafter, such auditor
shall forfeit and pay to said board of trustees, for the use and benefit of said
pension fund, the sum of twenty-five dollars. Such forfeiture to be sued for
and recovered against him in an action therefor, brought by any person, in the
name of such city, before any court of competent jurisdiction. [93 v. 644.]
(2477-88) SEC. 8. [Other revenues of such fund; permanent fund.]
All fines imposed upon members of the fire department in any such cities by
way of discipline or punishment, together with all rewards in money, fees,
gifts and emoluments that may be paid or given especially to said pension
fund on account of extraordinary services by said fire department, or any mem-
ber thereof (except when allowed to be retained by such member, or given to
endow a medal, or other permanent or competitive reward) shall be paid to and
received by the said city treasurer, and applied by him to the said pension
fund, and the said board of trustees may take by gift, grant, devise or bequest
any money, real estate or personal property, right of property or other valuable
thing, the annual income of which shall not exceed fifty thousand dollars in
the whole, and such money, real estate or personal property, right of property
or other valuable thing so obtained, shall in like manner be paid to and applied
by such city treasurer to the said pension fund, and also to the use of such
fund by deposit, investment or profit as hereinafter provided, or as such board
of trustees shall direct; provided, that the sum of one hundred thousand dol-
lars, which may be received and accumulated under the provisions of this act,
shall be, when so received and accumulated, retained as a permanent fund, the
annual income of which may alone be made available for the uses and purposes
of said pension fund. [93 v. 644.]
(2477-89) SEC. 9. [City treasurer's bond.] That the treasurer of
every such city shall execute a bond with sufficient sureties to such city for
the faithful performance of his duties as the custodian of such pension fund,
in like manner as his present official bond as such treasurer is drawn, executed
and filed, and in such penal sum as the said board of trustees shall direct. [93
v. 645.]
(2477-90) SEC. 10. [Power to invest fund; annual report.] That
the said board of trustees shall have power to draw such pension fund from
the treasury of such city and invest the said fund in the name of the board of
trustees of the firemen's pension fund in interest bearing bonds of the United
States, the state of Ohio, or any county in this state or of said cities, or of any
township, incorporated village, or other municipal corporation in the state of
Ohio, where the power to issue bonds is derived from either general or special
ג'
1287
Tit. XII, Div. 8, Ch. 2.
FIRE DEPARTMENT.
§ (2477-91).
legislative authority. All of which bonds or other property of said board of
trustees shall be placed in the care of the treasurer of said board of trustees for
safe-keeping. The said board of trustees shall make report to the common
council of the condition of said pension fund on the second day of January of
each and every year. [93 v. 645.]
(2477-91) SEC. 11. [Beneficiaries of fund.] If any member of the
fire department of any such city shall, while in the performance of his duty
become, or be found upon examination of a medical officer ordered by said
board or committee having control of the fire department to be physically or
mentally permanently disabled and such disability shall have been caused in
or induced by the actual performance of the duties of his position as such
member so as to render necessary his retirement from all services in said fire
department, such board or committee shall have power to retire such perma-
nently disabled member from all service in said fire department, and upon
such retirement said board of trustees shall authorize the payment to such per-
manently disabled member, monthly from the said pension fund, upon the
order of the city clerk, of the sum of not less than twenty-five dollars nor more
than forty dollars. If any member of the said fire department shall, while in
the performance of his duty, be killed, or die from the effects of an injury re-
ceived, or of any disease thus contracted, or while retired, die from such cause,
and such member so killed or dying from said injuries or disease, shall leave a
widow, or minor child or children under sixteen years of age, or a mother who
depended upon him for support, said board of trustees shall authorize and
direct the payment from the said pension fund of the following sums monthly,
to wit: To such widow, while unmarried, twenty dollars; to the guardian of
such minor child or children, six dollars for each of said children until each
child shall respectively arrive at the age of sixteen years, and twenty dollars
to such dependent mother, until she remarries; and in case that there is no
dependent mother, but a father who is dependent upon such member for sup-
port, said dependent father shall be paid the same sum monthly provided
herein to be paid to a dependent mother; provided, however, that if at any
time there should not be sufficient money for [or] bonds to the credit of the
said pension fund to pay to each person entitled to the benefit thereof, the full
amount per month as herein before stated, then and in that event, an equal
percentage of said monthly payments shall be made to each beneficiary thereof,
until said fund is so replenished as to warrant payment in full to each of said
beneficiaries. [93 v. 645.]
(2477-92) SEC. 12. [Member partially permanently disabled.] In
case of partial permanent disability of any member of said fire department,
caused in or induced by the actual performance of the duties of his position as
such member, the chief of such fire department, upon an examination of such
partially permanently disabled member by the medical officer ordered by the
said board of trustees, shall have power to relieve such partially permanently
disabled member from actual service at fires, and the said board of trustees,
upon such member being so relieved, shall authorize the payment to such
partially permanently disabled member monthly from the said pension fund,
of a sum not less than twenty dollars nor more than thirty dollars, or in pro-
portion to the number of beneficiaries of said fund (as the condition of said
pension fund) may warrant. The member so partially permanently disabled
and relieved from active service at fires shall remain a member of said fire de-
partment, subject to the rules governing the same, and may be ordered by the
said chief of said fire department to the performance of such light duties as the
medical officer ordered by said board of trustees may certify him qualified to per-
form, and the board of police and fire commissioners, or such other board or com-
mittee of the city council having control or management of the fire department
1288
§ (2477-93).
FIRE DEPARTMENT.
Tit. XII, Div. 8, Ch. 2.
of any such city, in the manner provided by law, may out of the general fund
of the said fire department, fix and pay such additional compensation for the
performance of said light duties, as the circumstances and merit of each case
may warrant. Such pension and additional compensation so paid to such par-
tially and also to such permanently disabled member mentioned in this and
the preceding section of this act, shall be in lieu of any salary received by such
member at the date of his being so relieved from active service at fires, and said
city shall not be liable for the payment of any other claim or demand for
services hereafter rendered by such partially or permanently disabled member.
[93 v. 646.]
(2477-93) SEC. 13. [Member retired.] Any person who has served
in the fire department of any such city for twenty-five years, and who has at-
tained the age of fifty-five years or over, and who is then a regular employe in
said fire department may at the option of a majority of the members of the
said board of trustees of the firemen's pension fund, be entitled to receive and
may be so paid by said board of trustees, monthly, from the said pension fund,
not to exceed twenty-five dollars, or in proportion to the number of beneficia-
ries of said fund, as the condition of said pension fund will warrant; pro-
vided, however, that no member of said board of trustees having any interest,
either directly or indirectly, in such claim, shall be entitled to a vote thereon;
and, provided further, that said board of trustees may, for good cause at any
time, suspend the payment of any of the claims or amounts provided for in
this act. [93 v. 646.]
(2477-94) SEC. 14. [Exemption from attachment; execution, etc.]
No portion of said pension fund shall, either before or after its order of distri-
bution by the said board of trustees to such disabled member of said fire de-
partment, or [to] the widow or guardian of the minor child or children, or to
the dependent mother or father of the deceased or retired member of said de-
partment, be held, seized, taken, subjugated to, detained or levied on by virtue
of any attachment, execution, injunction, writ, interlocutory, or other order or
decree, or any process or proceeding whatever, issued out of or by any court in
this state, for the payment or satisfaction, in whole or in part, or any debt,
damages, claim, demand, judgment, fine or amercement of such member, or his
said widow, or the guardian of the minor child or children, or of the depend-
ent mother or father of any deceased member; but the said fund shall be sa-
credly kept, held, secured, promoted and distributed for the purpose of pen-
sioning the persons named in this act, and for no other purpose whatever.
[93 v. 646.]
1289
Tit. XII, Div. 8, Ch. 3.
GAS COMPANIES.
§ 2478.
SECTION
CHAPTER 3.
GAS COMPANIES.
2478. Regulating price of electric light, artificial and
natural gas.
2479. Minimum not to be reduced during term
agreed upon.
2480. When council may occupy streets for gas pur-
poses, etc.
2481. Gas companies may be permitted to occupy
streets.
2482. Forfeiture of charter for neglect to furnish gas,
etc.
2483. Temporary failure shall not work forfeiture.
2484. Council may appoint gas inspector; his duties
and compensation.
2485. Exclusive monopoly shall not be allowed to
gas companies.
[works.
2486. Council may erect or purchase gas or electric
2487. Trustees of gas-works.
2488. Election of trustees; terms; compensation;
oath.
2488a. Bond of trustees of gas-works in Fostoria.
2489. Powers and duties of trustees.
2489-1. Trustees of natural gas plants; may sell to
village, etc.; delivery of gas in village.
2489-2. Delivery of gas outside of village; how
allowed.
2489-3. Municipalities authorized to lay pipes for
natural gas, etc., outside of corporate limits.
SECTION
2489-4. Control of electric light plant.
2489-5. Control of electric light plant in Hamilton.
2489-6. Control of electric light plant by water-
works trustees; authority to sell light.
2490. Laying of gas-pipe, and expense thereof.
2491. Contract to supply municipality with electric
light or gas.
2491-1. Cities of fourth grade second class may con-
tract for electric light.
2491-2. Cincinnati authorized to contract for gaso-
line lighting.
2491a. Municipalities: certain provisions of Revised
Statutes made applicable thereto.
24916. Cost of natural gas pipe extension in Toledo
to be assessed on adjoining property; limit
of assessment.
2491c. Board of natural gas trustees in Toledo.
2491c(2). Additional bonds for completing natural
gas plant in Toledo.
2491d(1). Bond and compensation of members.
2491d(2). Operation or sale of oil-wells, lands or
leases.
2491d (3). Bonds for payment of indebtedness.
2491e. Purchase of manufactured gas, meters and
plant for manufacturing gas, etc.
2491f. Creation of gas-works sinking fund by munici-
palities for redemption of gas or water-works
bonds; control aŭd investment of fund.
As to recording of leases of natural gas lands, see 2 4112a.
For further legislation on the subject of gas companies, see ?? 3550-3561.
For an act authorizing certain cities to contract for electric light" (82 v. 262), see
? (2491—1).
For "an act to authorize the construction of lines for conducting electricity for light,"
etc. (83 v. 143), see ? (3471-3) et seq.
For "
an act to prevent the wasting of natural gas and to provide for the plugging
of all abandoned wells" (86 v. 48), see? (4379-1) et seq.
For "an act authorizing municipalities to lay pipes for natural gas, etc., outside of cor-
porate limits" (86 v. 203), see ? (2489—3).
To authorize councils of villages to levy a tax and to pay water works and electric light
trustees of such villages for street lighting and fire protection, ? (2830—1).
Street railway company may lease or purchase franchises and property of electric light
and power company, see 2505e.
SEC. 2478. [Regulating price of electric light, artificial and natural
gas.] The council of any city or village in which electric lighting companies,
natural or artificial gas companies, or gas light or coke companies may be
established, or into which their wires, mains or pipes may be conducted, are
hereby empowered to regulate, from time to time, the price which said electric
lighting, natural or artificial gas, or gas and coke companies may charge for
electric light or for gas for lighting or fuel purposes, furnished by such companies
to the citizens, public grounds and buildings, streets, lanes, alleys, avenues,
wharves and landing places; and such electric lighting, natural or artificial
gas, or gas-light and coke companies shall, in no event, charge more for anv
electric light, or natural or artificial gas furnished to such corporation or indi-
viduals than the price specified by ordinance of such council; and such council
shall also have power to regulate and fix the price which such companies shall
charge for rent of their meters. [1889, March 1; 86 v. 62; 84 v. 39; Rev. Stat.
1880; 66 v. 218, § 415; (S. & C. 1534).]
In absence of the village fixing the rates to be charged, the electric light company must furnish its light
at a reasonable price: Railway Co. v. Bowling Green, 57 O. S. 336.
See notes to same case under 2 2494 and 2495.
1290
S$ 2479-2482.
GAS COMPANIES.
Tit. XII, Div. 8, Ch. 3.
This section applies to a gas company chartered before the present constitution, unless it has an express
right to fix its own prices: Zanesville v. Gas Light Co., 47 O. S. 1; and mandatory injunction will lie: Gas
Light Co. v. Zanesville, 47 O. S. 35.
The act of April 6, 1866, which levied a tax upon the capital of gas companies to pay the salary of and the
expenses incident to the duties of a gas inspector, is not in conflict with the second section of the twelfth
article of the Constitution of this state: Cincinnati Gas Light and Coke Co. v. State, 18 O. S. 238.
In the absence of facts showing fraud or bad faith on the part of council, the inadequacy of the price
is not subject to inquiry: State ex rel. v. Gas Co., 37 O. S. 49.
The presumption is in favor of the good faith and validity of the action of the city council in passing an
ordinance fixing the price of gas, and this presumption can only be overcome by the averment of issuable
facts showing the contrary: Ib.
In making a contract with a gas company for supplying gas to a municipal corporation and its inhabit-
ants, 2478 and 2485 do not authorize a contract that, for an indefinite period, leaves to other parties the
regulation of the price that shall be paid, or the quality or quantity of gas that shall be furnished: Cincinnati
Gas Co. v. Avondale, 43 O. S. 257.
An ordinance fraudulently passed by council imposes no obligation upon gas company: State ex rel. v.
Cincinnati Gas Light and Coke Co., 18 O. S. 262. See Ïb. under ¿ 2485.
Cited in Findlay Gas Light Co. v. Findlay, 2 C. C. 237.
The city council of the city of Cleveland has the right, under the statute, to regulate the price at which
gas shall be furnished by the Cleveland Gas Light and Coke Company to the citizens of Cleveland: State ex
rel. v. Gas Co., 3 C. C. 251.
The charter of the gas company, the ordinance allowing the company to lay its pipes in the streets, and
the acceptance of the ordinance by the company, do not constitute a contract which limits the power of the
city council to regulate the price of gas: Ib.
SEC. 2479. [Minimum not to be reduced during term agreed upon.]
In case the council fixes the minimum price at which it requires any com-
pany to furnish gas to the citizens, or public buildings, or for the purpose of
lighting the streets, alleys, avenues, wharves, landing places, and public
grounds, for a period not exceeding ten years, and the company assents thereto,
by written acceptance, filed in the office of the clerk of the corporation, it shall
not be lawful for the council to require such company to furnish gas at a less
price during the period of time agreed on, not exceeding ten years, as afore-
said. [66 v. 218, § 416; (S. & C. 1537).]
An agreement was entered into between the city of Ironton and a gas company in said city, whereby it
was stipulated that the latter should furnish gas to the former for a period of twenty years at certain speci-
fied rates. At the date of the agreement the city was not authorized to stipulate for the price of gas for a
period exeeeding ten years. The city performed its agreement for ten years: Held. that for the period
beyond the ten years the agreement was clearly inoperative: State ex rel. v. Gas Co., 37 O. S. 46, 47.
If an agreement is made under this section between council and a gas company for a period allowed by
law, council is precluded from lowering it, but if no such agreement is made, council has the power to regu-
late the price from time to time: Ib. 48.
This section applies to natural gas, and an agreement as to the price of gas unlimited as to time is valid
for ten years and no longer: Toledo v. Ñ. W. Nat. Gas Co., 5 C. C. 557.
SEC. 2480. [When council may occupy streets for gas purposes, etc.]
If such companies are, at any time, required by the council to lay pipes, and
light any street, alley, avenue, wharf, landing place, public ground or building,
and refuse or neglect for six months after being notified, by authority of the
council, to comply with such requirement, the council may lay pipes and erect
gas-works, for lighting such streets, alleys, or public grounds, and all other
streets, alleys, and public grounds, not already lighted; and such gas compa-
nies or gas-light and coke companies, shall thereafter be precluded from using
or occupying any of the streets, alleys, public grounds or buildings, not already
furnished with gas pipes of such companies; and the council may open any
street for the purpose of conveying gas as aforesaid. [66 v. 218, § 417; (S. & Č.
417;˜(S.
1534).]
SEC. 2481. [Gas companies may be permitted to occupy streets.]
The council may, at any time after the default mentioned in the preceding
section, permit such gas companies to use and occupy the streets, alleys, and
public grounds of such corporation, for the purpose of lighting the same, and
furnishing gas to the citizens and public buildings. [66 v. 218, § 418; (S. & C.
1538).]
SEC. 2482. [Forfeiture of charter for neglect to furnish gas, etc.] A
neglect to furnish gas to the citizens, and other consumers of gas, or to the
corporation, by any company, in accordance with the prices fixed and estab-
lished by the council, from time to time, shall forfeit all rights of such com-
pany under the charter by which it has been established; and the council may
proceed to erect, or, by ordinance, empower any person to erect gas-works, for
1291
Tit. XII, Div. 8, Ch. 3.
GAS COMPANIES.
§§ 2483-2486.
the supply of gas to such corporation and its citizens; provided, that nothing
in this section or in sections twenty-four hundred and seventy-nine and twenty-
four hundred and eighty, shall operate to impair or affect any contract heretofore
made between any municipal corporation and any gas-light and coke com-
pany. [66 v. 219, § 419; (S & C. 1535).]
Cited Toledo v. N. W. Ohio Nat. Gas Co., 5 C. C. 557, 570.
SEC. 2483. [A temporary failure shall work no forfeiture.] A tempo-
rary failure to furnish gas shall not operate as a forfeiture, unless such failure
is through the neglect or misconduct of such gas-light, or gas-light and coke
company. [66 v. 219, § 420; (S. & C. 1538).]
SEC. 2484. [Council may appoint gas inspector; his duties and com-
pensation.] The council of any corporation in which gas-works may be con-
structed may provide, by ordinance, for the appointment of an officer, to be
known as inspector of gas, whose duty it shall be to inspect all gas and gas-
meters, and certify the correctness of all bills against consumers of gas, make
photometric tests, and perform such other duties as may be prescribed by ordi-
nance; and the council shall fix his compensation. The council may also
provide for the inspection and testing of meters used for measuring electric
current for electric light, power or other purposes, furnished by any individual
or company within the corporation, and may prescribe a suitable charge for
such inspection and testing, and the manner of collecting the same. [91 v.
299; 66 v. 219, § 421; 73 v. 227, § 4.1
SEC. 2485. [Exclusive monopoly shall not be allowed to gas com-
panies.] It shall not be lawful for any council to agree by ordinance, contract,
or otherwise, with any person or persons, for the construction or extension of
gas-works for manufacturing or supplying the corporation or its inhabitants
with gas, which shall give or continue to any person or persons making such
agreements with the council the exclusive privilege of using the streets, lanes,
commons, or alleys, for the purpose of conveying gas to the corporation, or the
citizens thereof, or which shall deprive the council of the right to designate the
kind of meter to be used for the correct measurement of the gas furnished
under such agreement, and to provide for inspecting or regulating the same, or
which shall not specify the exact quality of the gas to be furnished, and reserve
to the council the right to enforce an exact compliance with such specification,
under such rules as the council may prescribe; nor shall the council make any
such agreement which shall not secure to the council the right to purchase such
works, and all the appurtenances belonging thereto, at any time within the
existence of such contract or agreement. [66 v. 219, § 422; (S. & S. 902).]
A municipal corporation can not, without clear legislative authority, grant an exclusive right to the
use of the streets for certain purposes to an individual or corporation. To enable it to grant such an exclu-
sive right by ordinance in the nature of a contract, the power must be expressly granted, or so far necessary
to the proper execution of the powers already granted as to be free from doubt. No such powers were given
to the city of Cincinnati by the charters of 1834 (32 v. 244) or of 1839 (37 v. 297): State v. Cincinnati Gas Light
and Coke Co., 18 O. S. 262.
The right to use the streets of a city for the purpose of laying pipes to convey gas, whether in the hands
of a private corporation or a natural person, is a franchise, and must emanate, directly or indirectly, from the
legislature: Ib. 291.
Sections 30, 31, and 32, of the act of 1853 (51 v. 360), regulating the price to be charged for gas, apply to all
gas companies in the state in whose charter the right to alter, modify, or repeal, was reserved. It is com-
petent for the legislature to submit the regulation of the price to the city council; but where such power is so
vested, it must be exercised in good faith, and if fraudulently exercised, would be void. In a proceeding in
quo warranto for disobedience of an ordinance, the good faith of the members who passed it may be inquired
into: Ib.
The words "person or persons," as used in 2485, Revised Statutes, include a gas company or other pri-
vate corporation: Cincinnati Gas Co. v. Avondale, 43 O. S. 257. See note to Cincinnati Gas Co. v. Avondale, Ïb..
under 2478, Revised Statutes.
A contract duly entered into between a gas-light company and a city, is legal, although it fails to secure
to the city council the right to purchase the gas plant: Gas Co. v. Lima, 4 C. C. 22.
SEC. 2486. [Council may erect or purchase gas or electric works.]
The council of any city or village shall have power, whenever it may be
deemed expedient and for the public good, to erect gas works or electric works
at the expense of the corporation, or to purchase any gas or electric works
1292
SS 2487-2489.
GAS COMPANIES.
Tit. XII, Div. 8, Ch. 3.
already erected therein. [93 v. 59; 66 v. 219, § 423; (S. & S. 902; S. & C.
1535).]
The city may procure its own gas works, although a gas company incorporated before this section
was enacted is in operation and is not In default for any duty imposed by 32 2480 to 2486: State ex rel. v.
Hamilton, 47 O. S. 52.
This section does not infringe contract clause of constitution as against a company operating in the
city: Hamilton Gas Light Co. v. Hamilton, 146 U. S. 258.
This section includes natural gas plants: Bellaire Goblet Co. v. Findlay, 5 C. C. 418. 425.
Proceedings under this section are subject to 2702: Kerr v. Bellefontaine, 13 C. C. 28; 7 O. D. 93; re-
versed 59 O. 8. —.
SEC. 2487. [Trustees of gas works.] When such purchase shall have
been made, or gas or electric works erected, or authorized to be erected, at the
expense of the corporation, the council shall create and appoint a board of
trustees, of not more than five or less than three members, which shall con-
struct said gas works or said electric works according to plans and specifica-
tions to be furnished by the city or village council, and shall manage said gas
or electric works, when they shall have been constructed or purchased, and
supply the corporation and citizens thereof with gas or electricity; and the
trustees aforesaid, shall serve until their successors are elected and qualified as
hereinafter provided. [93 v. 59; 86 v. 108; Rev. Stat. 1880; 66 v. 219, § 424 ;
(S. & S. 903).]
Board of control in Hamilton successor of; exercises powers of, see ? (1545-290).
The board of trustees under this section, cannot create obligations binding upon the city or village, ex-
cept under such rules and regulations as by ordinance the council may prescribe. 2489: Kerr v. Bellefontaine,
13 C. C. 26; 7 O. D. 93.
They are also subject to the provisions of 2 2702: Id.
SEC. 2488. [Election of trustees; terms; compensation; oath.] At
the annual spring election occurring next after such purchase or the comple-
tion of gas or electric works erected at the expense of the corporation, the
qualified voters of the corporation shall elect said trustees, to be known as "the
trustees of the gas works," or "the trustees of the electric works," who shall
hold their office for a term of years corresponding to the number of members
constituting said "trustees of gas or electric works;" except that at the first
election, when said board of trustees is composed of three members, one trus-
tee shall be chosen for one year, one for two years, and one for three years, and
thereafter one trustee shall be elected annually; when said board is composed.
of four members, then at said first election one trustee shall be chosen for one
year, one for two years, one for three years, and one for four years, and there-
after one trustee shall be elected annually; when said board is composed of
five members then at said first election one trustee shall be chosen for one year,
one for two years, one for three years, one for four years and one for five years,
and thereafter one trustee shall be elected annually; and said trustees shall
receive such compensation for their services as the council by ordinance shall
fix; said trustees shall qualify by taking the official oath and each give a bond
acceptable to the city council, said bond shall be in a sum not less than five
thousand dollars nor more than fifty thousand dollars, as shall be determined
by the council in the ordinance creating the said board of trustees of gas or
electric works. [93 v. 59; 1889, March 18: 86 v. 108; Rev. Stat. 1880; 66 v.
219, § 425; (S. & S. 903).]
SEC. 2488a. [Bond of trustees of gas-works in Fostoria.] That not-
withstanding the provisions of said section 2488, the trustees of gas-works of
any city having by the federal census of 1890, or that may by any subsequent
federal census have a population of not less than 7,065 nor more than 7,075,
shall be required to give bond as provided in said section 2488, in such amount.
as the city council may fix by resolution or otherwise, but such bond shall
not be less than one thousand, nor more than ten thousand dollars, if such
gas-works be a natural gas works. [88 v. 415.]
SEC. 2489. [Powers and duties of trustees.] The board may construct
gas works, extend gas pipes, manufacture and sell gas and coke, collect gas
bills and other moneys due from gas, coke or other material sold by it, manage,
1293
Tit. XII, Div. 8, Ch. 3.
GAS COMPANIES.
§ 2489.
conduct and control the gas works, or may construct electric works, erect and
extend lines, manufacture and sell electricity, collect lighting and electric bills
and other money due to the city arising from said works, manage, conduct
and control the same; prescribe by-laws, the price of gas and coke or electric-
ity under such rules and regulations as by ordinance the city council may
prescribe, and the manner of using the product of such works; and to carry
into effect the provisions of this section said trustees of such gas or electric
works may also purchase material, employ laborers, appoint officers, purchase
or lease the necessary real estate and erect buildings thereon; and said board
shall keep a complete record of their proceedings and of all moneys received
or disbursed by them, shall make monthly reports to the council of the receipts
and disbursements of money belonging to the said gas or electric works, and
an annual report of the condition of the same; and all money collected for
gas works or electric works purposes shall be deposited weekly by the collectors
thereof with the treasurer or [of] the corporation, taking duplicate receipts there-
for, and one of the receipts therefor shall be deposited with the clerk of said
board, and the other with the city clerk, or auditor, as the case may be, and
all money so deposited shall be kept as a separate and distinct fund, subject
to the order of the board; and all moneys levied or assessed by the corporation
for the purpose of paying for public lighting shall be by the council of such
corporation paid and turned over to such board of trustees, and be by them
disposed of the same as though it had been received from private individuals;
and all orders drawn by the trustees or board on the treasurer of the corpora-
tion shall be drawn out of such fund and shall be signed by the president of
said board and countersigned by the clerk thereof; and no contract involving
the expenditure of money shall be entered into by said board of trustees un-
less there is money in said fund sufficient to meet the same, unappropriated
for any other purpose. [93 v. 59; 83 v. 165; Rev. Stat. 1880; 66 v. 220, § 426;
(S. & S. 903).]
Municipalities may levy tax to cover deficiencies in expense of water-works and elec-
tric light plants, see ? (2683-1).
Applied Foster v. Findlay, 5 C. C. 455.
This section must be construed with 2 2486 and can not supersede it, and the trustees are simply agents
of council: Dalzell Co. v. Findlay, 5 C. C., 435, 439, 440.
This section only confers power over prices under by-laws of council, which, however, must be uniform:
Bellaire Goblet Co. v. Findlay, 5 C. C. 418, 428.
See note to Kerr v. Bellefontaine, 13 C. C. 26; 7O. D. 93, under ? 2487.
(2489-1) [Trustees of natural gas plants; may sell to village,
etc.; delivery of gas in village.] In all cases where any municipal corpora-
tion in this state is the owner of a natural gas plant by which the citizens of
said municipal corporation are supplied with natural gas, and such natural gas
is so supplied through pipes from a point beyond the limits of such corporation,
which pipes pass through the limits of an incorporated village, the trustees
of any such natural gas plant are hereby authorized to sell natural gas to
such village, or to a company, for the use of such village, and the citizens
thereof, such gas to be delivered at a reducing station to be located within one
hundred feet of the main pipe line. [87 v. 249.]
(2489-2) [Delivery of gas outside of village: how allowed.] That
whenever a municipal corporation is the owner of a natural gas plant to
supply the citizens thereof with natural gas for fuel, the council of such mu-
nicipal corporation, together with the natural gas trustees, may provide for
supplying natural gas at rates to be determined by said board of trustees, to
persons living outside of and in the vicinity of such municipal corporation,
and to county infirmaries, children's homes and other public institutions
within or without such municipal corporations; and to encourage the location
or establishment of manufacturing industries within such municipal corpora-
tion may reduce the price of gas to be used to operate such manufacturing,
or donate the same for a term of years for said purpose; provided, that this
1294
§ (2489-3).
GAS COMPANIES.
Tit. XII, Div. 8, Ch. 3.
section shall be inoperative if such gas so to be furnished for such purpose
shall deprive the municipal corporation or the citizens thereof of the full sup-
ply of such gas. [87 v. 249.]
(2489-3) [Municipalities authorized to lay pipes for natural gas,
etc., outside of corporate limits.] That any city or village authorized
and empowered by any general or special law to purchase or lease lands, pur-
chase, lease or sink natural gas wells, procure right of way, purchase and lay
down pipes, etc., for the purpose of supplying such city or village, or the citizens
thereof, with natural gas, is hereby authorized and empowered to exercise any
or all of said powers outside of its corporate limits. And all the rights and
powers conferred upon companies by sections thirty-eight hundred and seventy-
eight and thirty-eight hundred and eighty (3878 and 3880), as amended March 24,
1888, and subject to all the restrictions therein, are hereby conferred upon the
cities and villages above referred to. [86 v. 203.]
(2489-4) [Control of electric light plant in Greenfield.] The council
of any village owning and operating water-works and electric light plants may,
by ordinance, place the care and control of such electric light plants into the
hands of the water-works trustees, or into the hands of a board of manage-
ment consisting of the water-works trustees and three members of the village
council of such village. And the acts of such water-works trustees, or board
of management, within the limits of the ordinance giving them such control
shall be binding upon all parties concerned. [91 v. 511; 89 v. 184.]
(2489-5) [Control of electric light plant in Hamilton.] In cities of
the second class, third grade b, in which there is a board of gas trustees con-
trolling, managing and operating a gas plant and said gas plant is owned by
the city, and also an electric light plant constructed and owned by the city,
such gas trustees shall, and they are hereby empowered to take control of and
manage such electric light plant. All laws conferring the control and manage-
ment of such electric light plant are hereby vested in said board of gas trustees,
and shall receive such compensation for said services as council of said city
may by ordinance allow, to be paid from the electric light fund. [92 v. 731.]
(2489-6) [Control of village electric light plant by water works
trustees; authority to sell light.] The council of any city of the second
class and fourth grade and any incorporated village in the state of Ohio own-
ing and operating an electric light plant for commercial or street lighting in
connection with water-works may, by ordinance, place the care and control
of such electric light plant in the hands of the water-works trustees of such
village; and the acts of such water-works trustees within the limits of the
ordinance giving them such control shall be binding upon all parties con-
cerned. And such water-works trustees of such city or village shall have the
power, by ordinance of the council, to sell electric light from such plant to
any person or persons, company or companies, and corporation or corporations
doing business in or situated within the corporate limits of such cities or vil-
lages. [93 v. 102; 92 v. 382.]
See ? 2409.
SEC. 2490. [Laying of gas-pipes, and expense thereof.] The council.
may prescribe, by ordinance, for the laying down of gas-pipes in all highways
about to be paved, macadamized, or otherwise permanently improved, and for
the assessment of the cost and expense thereof upon the lots or parcels of land
adjoining or abutting upon the highways in which the same are laid; but in
no case, excepting as a sanitary measure, shall the council require any house
connections to be built further from the main pipe than the outer line of the
curb-stone. [66 v. 220, § 427.]
SEC. 2491. [Contract to supply municipality with electric light or
gas.] A municipal corporation may contract with such company for supply-
1295
Tit. XII, Div. 8, Ch. 3.
GAS COMPANIES.
§ (2491-1).
ing, with electric light, natural or artificial gas for the purpose of lighting [or
heating] the streets, squares and other public places and buildings in the cor-
poration limits; but this section shall be subject to the restrictions in the last
clause of section thirty-five hundred and fifty-one. [1889, March 1: 86 v. 62; 84 v.
39; Rev. Stat. 1880.]
Cited in Findlay Gas Light Co. v. Findlay, 2 C. C. 237; Toledo v. N. W. Ohio Nat. Gas Co., 5 C. C. 557, 571;
Bellaire Goblet Co. v. Findlay, 5 C. C. 418, 424.
The power of a city council to contract with a gas light company, under this section, is limited to a
period not exceeding ten years by 2479: Gas Co. v. Lima, 4 C. C. 22.
(2491-1) [Cities of the fourth grade, second class, may contract
for electric light.] All cities of the fourth grade of the second class in which
any electric light works are now or may hereafter be constructed for lighting
purposes, whether such works are owned by an incorporated company or by an
individual or individuals, shall have power to contract with such company,
individual or individuals for supplying the streets, squares and other public
places within the corporate limits and for supplying the citizens of such munic-
ipal corporation with light or all, any, or either of them for any term not exceed
ing ten years; and such municipal corporation shall have the same power to pro-
tect any such electric light works and prevent injury to any property of such
company, person, or persons as though such works or property were owned by
such municipal corporation. [82 v. 262.]
(2491-2) [Cincinnati may contract for gasoline lighting.] Cities of
the first grade of the first class be and they are hereby authorized to make
contracts for the period of five (5) years, to light outlying streets, alleys, lanes,
bridges, highways, etc., by gasoline, and the city council and board of public
affairs of said cities of the first grade of the first class be and they are hereby
authorized to make such contracts, after advertising for thirty days for bids for
such lighting, provided, that the foregoing provision as to advertising for bids
for such lighting shall not apply to such cities where advertising for such bids
has already been had. [87 v. 17.]
SEC. 2491a. [Municipalities: certain provisions of Revised Statutes
made applicable thereto.] That where any municipality has been or shall be
authorized to purchase, construct or establish any natural gas works for supply-
ing fuel, for public and private use and consumption, the provisions of chap-
ter one, of division eight, of title twelve, of the Revised Statutes of the state
of Ohio, respecting the general powers of such city or village as to taking
lands, rights and easements for such purposes as to election of trustees, as to
the compensation and duties of such trustees; their powers to make by-laws
and regulations; their duties to make reports to the council, and to deposit
moneys collected and the disposition of vouchers therefor; the mode of keep-
ing and disbursing funds arising from rents; their authority to make contracts,
and have general supervision and control of such works; the authority of the
council of any such city or village to investigate all matters pertaining to the
management of such works, and the removal of any officer thereof; the fur-
nishing of free fuel to public and charitable institutions within such munici
pality; the protection of pipes [and] attachments, the rules as to letting con-
tracts and requiring bonds as to the performance thereof; the mode of laying
pipes in streets and highways, so far as the provisions of such statute are
applicable, shall govern all such municipalities, their officers and agents in all
cases not otherwise provided for by statute. [1889, February 27: 86 v.58.]
Held not to apply to the natural gas plant of Findlay: Bellaire Goblet Co. v. Findlay, 5 C. C. 418, 425.
SEC. 2491b. [Cost of natural gas pipe extension in Toledo to be as-
sessed on adjoining property; limit of assessment, etc.] That in cities of
the third grade of the first class, the council shall, upon recommendation of the
board of natural gas trustees, provide for assessing the cost and expense of lay-
1296
§§ 2491c-2491d(2).
GAS COMPANIES.
Tit. XII, Div. 8, Ch. 3.
ing or extending pipes with necessary fittings for the distribution of natural
gas for heating and illuminating purposes upon the lots and lands bounding
and abutting upon the streets, alleys, lands, highways, market-spaces, public
landings and commons, in or along which said gas-pipe may be laid or ex-
tended, by the foot front, or according to the valuation on the tax-list, or ac-
cording to the benefits, as they shall determine in each instance. Provided,
however, that such assessments shall not exceed the sum of fifty (50) cents per
front foot on each side of any such street, alley, lands, highways, market-spaces,
public landings or commons. One-half () of said assessment shall be payable
within ten (10) days from date of confirmation thereof and the remainder
within one year thereafter. A certified copy of said assessment shall be at once
furnished by the city clerk to the board of natural gas trustees. Provided
further, that the owner of such assessment or assessments may collect the same
in the same manner in which other assessments are collected, and any person
who pays said assessment, or any part thereof, shall be entitled to receive a
voucher therefor upon a form to be approved by the natural gas trustees of said
city. Such voucher shall be received by the board of natural gas trustees at all
times in payment at regular rates for gas furnished from the pipe or pipes for
which such assessment was levied. Provided that when the board of natural
gas trustees shall determine to lay or extend any pipe or pipes with necessary
fittings for the purpose of distributing natural gas for heating or illuminating
purposes within the corporate limits of such city, or to have the same laid and
constructed, the provisions of section 2702 of the Revised Statutes shall not ap-
ply to any contract which said board may enter into for such purpose or pur-
poses. [88 v. 258.]
SEC. 2491c. [Board of natural gas trustees in Toledo.] All boards
of natural gas trustees in cities of the third grade of the first class shall here-
after consist of three members each. In any such city which now has a board
of natural gas trustees, the board provided for by this act shall consist of the
two members of said former board whose terms of office have the longest time
to run and they shall hold their offices until the expiration of the respective
terms to which they were elected. The mayor of such city shall appoint the
third member of said board for the term of two years. Upon the expiration
of their respective terms, their successors shall be elected for the term of three
years. [90 v. 102.]
SEC. 2491d(1). [Bond and compensation of members.] The members
of said boards shall give bonds as provided by law, in the sum of not less than
five thousand dollars ($5,000) each and shall each receive a compensation for
services of three dollars ($3) for each day that he is employed in his official
duties, and five cents per mile when traveling on official business, with an
allowance of two dollars ($2) per day for hotel expenses in connection there-
with when his official duties take him out of such city, provided, that not
more than one day's compensation shall be received for any calendar day;
payable out of the natural gas fund of such city within forty (40) days. [93
v, 197; 90 v. 102.]
SEC. 2491d(2). [Operation or sale of oil-wells, lands or leases.]
That when any city of the third grade of the first class in this state is, or here-
after may be lawfully engaged in the production and sale of natural gas, and
whilst so engaged produces or procures any petroleum or rock oil, or lands or"
leases containing such oil, the natural gas trustees of such city are hereby au-
thorized to operate or sell such wells, lands or leases as they may deem best,
and to receive, receipt for, and collect in the name of such city, the proceeds of
any and all such operations and sales, said moneys so received from said pro-
ceeds may be expended by the trustees of such city in producing gas, in pur-
chasing additional wells, lands and leases, drilling additional wells, or other-
1297
Tit. XII, Div. 8, Ch. 3.
GAS COMPANIES.
§§ 2491c(2)–2491d(3).
wise improving the natural gas plant of such city as they shall deem best.
[91 v. 337.]
For gas or electric plants owned by municipalities, see (2489—1) et seq.
Cities of first class, third grade, may levy tax to pay one-half cost of street lighting,
¿ 2292a.
Board of water and light trustees in Oxford, see (2435-56) et seq.
SEC. 2491c(2). [Additional bonds for completing natural gas plant
in Toledo.] That any city of the third grade of the first class, authorized
to construct a natural gas plant or to borrow money and issue bonds therefor
for the purpose of procuring territory and right of way, sinking wells for natu-
ral gas, purchasing wells and natural gas works, purchasing and laying pipes
and supplying such city with natural gas for public and private use and con-
sumption, shall be and is hereby authorized to borrow money and issue bonds
in any sum not exceeding one hundred thousand dollars ($100,000.00) in ad-
dition to any bonds now authorized to be issued, for the purpose of construct-
ing, extending and completing such natural gas plant and making the same
efficient for the purposes intended. The common council of any such city shall,
upon the written request, made from time to time, of its board of natural gas
trustees, issue bonds of such city in any sum not exceeding in the aggregate
said above mentioned one hundred thousand dollars ($100,000.00), which bonds
shall be issued according to the provisions of an ordinance to be by the common
council passed for that purpose, in denominations not less than five hundred
dollars ($500.00) and not more than one thousand dollars ($1,000.00) payable
at such time or times not less than ten years and not exceeding thirty-five
years from the date of the issue thereof, with interest not exceeding four and
one-half per cent. per annum, payable semi-annually, principal and interest
payable at such place as may be by said ordinance provided, and such bonds
shall have attached thereto coupons, representing the interest to acrue thereon,
and said bonds shall in all cases express upon their face the purposes for which,
and the act under which issued, and shall be signed by the mayor
and coun-
tersigned and registered by the auditor of such city, with, the seal thereof im-
pressed thereon, and shall be sold according to law, and for not less than their
face value; the proceeds of such bonds shall be used for the purposes aforesaid
and not otherwise. [89 v. 236.]
!
SEC. 2491d(3). [Bonds for payment of indebtedness.] That in any
city of the third grade of the first class, which, by its board of natural gas
trustees has constructed or caused to be constructed a natural gas plant or any
portion thereof, and has accepted and approved the labor performed and the
material furnished in such construction, at a price or prices agreed upon be-
tween such board and the person or persons furnishing such labor and materi-
als and the claim or claims therefor have neither been paid nor any funds
provided for the payment thereof, and such city still remains in the use and
enjoyment of the labor and materials so furnished, the prices so agreed to be
paid shall be deemed and held to be binding and conclusive as to all of said
contracting parties, although such city or board contracting in behalf thereof
exceeded the power and authority heretofore granted to such city or board, and
although such city or board may not have complied with the laws then in force.
Such indebtedness shall be deemed and held to be indebtedness within the
purview of section No. 2701 of the Revised Statutes of the state of Ohio and
shall be provided for by issuing bonds according to law. Such bonds, however,
shall not exceed in amount the sum of three hundred thousand dollars ($300,-
000.00) and in addition thereto such amount as may be necessary to pay for
interest on such sum accruing after the passage of this act, and shall not bear
a rate for [of] interest to exceed four and one-half per cent. per annum, payable
semi-annually. [89 v. 236.]
83
1298
§§ 2491e-2491ƒ.
GAS COMPANIES.
Tit. XII, Div. 8, Ch. 3.
SEC. 2491e. [Purchase of manufactured gas, meters and plant for
manufacturing gas, etc.] That when any city of the third grade of the first
class in this state is, or hereafter may be, lawfully engaged in the production.
and sale of gas, the board of natural gas trustees of such city, may use any
money on hand, or that may be received by it in conducting the business of
such board or department, in the purchase of manufactured gas, and in the
purchase of meters, so as to furnish or sell same to consumers, and may use, if
in the judgment of any such board, public interests so require, twenty-five
thousand dollars of any such money, in the purchase and [or] building of a
plant or plants for manufacturing gas, and may thereafter maintain the same
from such moneys, and all for the purpose of making any such gas plant more
efficient and profitable. [92 v. 308.]
SEC. 2491f. [Creation of gas-works sinking fund by municipalities
for redemption of gas or water-works bonds.] The trustees of the gas-works
of any municipal corporation not having a board of sinking fund trustees, may
at any time set aside the surplus of all revenues required for the proper con-
duct and management of the gas-works of such corporation and the payment
of the bonds issued for gas-works purposes, the same thereafter to be considered
a separate fund, to be known as the "gas-works sinking fund," to be held for
the purpose of meeting and paying off when due, or buying in before due, any
bonds issued by such corporation for either gas-works or water-works purposes;
provided, that said trustees shall not be required to pay any such water-works
bonds before such gas-works bonds shall have been paid or provided for by the
sinking fund hereby created;
[Control and investment of fund.] And the said trustees shall have the
control of said fund, and shall invest all moneys placed therein not required to
meet maturing gas bonds of such corporation, and when the same are paid off
or provided for, all moneys therein not required to meet maturing water-works
bonds of such corporation, in bonds of the United States, the state of Ohio,
the city of Findlay, or any other city or village in the state of Ohio, or of any
board of education or county in said state, preference to be given to the bonds
of the city or village of its respective class and grade when they can be pur-
chased at a price equal to or less than the bonds of the United States, or the
state of Ohio, taking into consideration the rate of interest on each; and all
interest received on said bonds shall be invested in like manner, and at no
time shall there be over ten thousand ($10,000) kept upon deposit in said fund
if investment can be made; and it shall not be necessary to advertise the
bonds of any such corporation for sale when the same can be sold to the
trustees of the gas-works thereof, at not less than par and accrued interest.
[93 v. 354; 91 v. 485; 90 L. L. 276; 89 v. 375.]
1299
Tit. XII, Div. 8, Ch. 4.
LIGHTING CORPORATION.
§ 2492.
SECTION
CHAPTER 4.
LIGHTING CORPORATION.
2492. Provision for lighting streets, etc.
2493. Board of improvements, etc., to have charge
of, etc.
2493-1. City of fourth grade, second class; power to
lease or sell its natnral gas property.
2493-2. Council of such city may order sale, etc., but
such sale only binding if approved by vote
of electors.
2493-3. May take mortgage.
| SECTION
2493-4. Council shall have power to grant right to
maintain, etc., gas works.
2493-5. Payment of bonds.
2494. Council to pass ordinance to light bridge or
railway.
2495.
Character of the ordinance.
2496.
Notice of requirement to be given.
2497.
2498.
Procedure on failure to light bridge or railway.
Assessment for expense of such lighting, etc.
2499. How lien to be enforced.
SEC. 2492. [Provision for lighting streets, etc.] The council of any
city or village may provide for lighting the streets, alleys, public grounds and
buildings, wharves, landing places, bridges, railways, and market-spaces, within
the corporation, including any portion of any turnpike or plankroad therein,
surrendered to or condemned by the corporation. [67 (69) v. 47, § 428; 72 v.
107, § 199.]
This section gives no power to grant a right to an electric company to erect poles in streets: Brush Elec.
Light Co. v. Jones Bros. Elec. Co., 5 C. C. 340, 341.
Erection or purchase of gas works or electric works by municipal corporations, see
? 2486 et seq.
For an act to authorize cities of the fourth grade of the second class to contract for
lighting purposes" (82 v. 262), see ? (2491-1).
Cincinnati authorized to make five year gasoline contracts, see ? (2492-1).
For "an act to authorize the construction of lines for conducting electricity for light
and power purposes, and the contracting by municipalities for lighting streets and other
public places with electricity" (83 v. 143), see (3471-3).
Control of electric light plant in city of the second class fourth grade and villages may
be vested in water works trustees by council, see ? (2489—6).
SEC. 2493. [Board of improvements, etc., to have charge of, etc.] In
cities where there is a board of improvements or board of public works, such
board shall supervise the lighting of the corporation, under the direction of the
council. [67 v. 78, § 497.]
See acts referred to under ? 2492.
(2493-1) SEC. 1. [City of fourth grade, second class; power to
lease or sell its natural gas property.] Any city of the fourth grade of the
second class, in the state of Ohio, which under and by the provisions of an act
of the general assembly, passed March 14, 1889 (volume 86, laws of Ohio, page
103), has procured territory, rights of way, sunk wells for natural gas, pur-
chased wells and natural gas works, purchased and laid pipes, with all neces-
sary fixtures, attachments and machinery, and has erected necessary buildings
to supply such city and the citizens thereof with natural gas or gas manu-
factured from petroleum, for public and private use and consumption, shall
have full power and authority to sell or lease all or any part of any property
or rights it has acquired, whether situate in said city or elsewhere, and în ac-
cordance with the succeeding sections of this act. [92 v. 560.]
(2493-2) SEC. 2. [Council of such city may order sale, etc., but such
sale only binding if approved by vote of the electors.] The council of any
such city upon receipt of a proposition to buy or lease such property or rights
or any part thereof to any person, firm or corporation, which in the judgment
of said council is a fair and reasonable price therefor may by ordinance duly
passed accept the terms of any such proposition, or may make terms for such
sale or lease as may be for the interest of said city, and authorize and direct
1300
§ (2493—3).
LIGHTING CORPORATION.
Tit.XII,Div.8,Ch.4.
the trustees provided for in the act of February 19, 1892 (volume 89, laws of
Ohio, page 42), to make conveyance or lease of any property and rights so
sold or leased, and said trustees shall have full power to convey or lease any
of said property and rights, including real estate, used in connection with said
gas plant and works, and whether situate in said city or elsewhere, by proper
conveyance executed by said trustees according to law. Provided that no such
contract shall be binding upon any such municipal corporation until the same
shall have been ratified by a vote of the electors thereof, at a special election,
held therefor, and upon ten days' notice of such election published in a news-
paper of general circulation in said corporation. [92 v. 560.]
(2493-3) SEC. 3. [May take mortgage.] That said trustees may
take in the name of said city mortgage upon said property and rights so sold,
to secure any unpaid balance of the purchase money and may provide for the
payment of any such balance in installments as may be agreed upon between
said council and any purchaser thereof. [92 v. 561.J
(2493-4) SEC. 4. [Council shall have power to grant right to main-
tain, etc., gas works.] Said council shall have power to grant to any pur-
chaser or lessee of all or any part of said property and rights, their successors
and assigns, the right to maintain, operate or remove said gas plant and works,
and to furnish natural gas or other fuel gas at such price and upon such terms
and conditions as may be agreed upon between said council and such pur-
chaser or lessee, their successors or assigns. [92 v. 561.]
(2493-5) SEC. 5. [Payment of bonds.] All proceeds of any such
sale, including interest, and all rentals from any lease shall be used for the
payment of bonds and interest issued in accordance with the said act of March
14, 1889, and such proceeds shall be applied to that purpose in accordance with
the provisions of said act. [92 v. 561.]
SEC. 2494. [Council to pass ordinance to light bridge or railway.]
When it is deemed necessary by the council of any city or village to have any
bridge or railway, located in whole or in part in such corporation owned, pos-
sessed, or operated by any individual, company, association, or corporation, or
any portion of the same, lighted, the council shall pass an ordinance for that
purpose, requiring the individual, company, association, or corporation owning,
possessing, or operating the same, to light such bridge or railway within a speci-
fied time. [67 (69) v. 47, § 429.]
Railway companies may constitutionally be required to light such portions of their railways as are
within a city or village; and this chapter is not in conflict with the Constitution: C. H. & D. R. Co. v. Sulli-
van, 32 O. S. 152.
Cited in Ravenna v. Railroad Co, 45 O S 118.
Sectious 2494 to 2498 are constitutional. Ry Co. v. St. Bernard, 15 C C 588.
While municipality may prescribe the kind of light to be used and where they are to be placed, the ex-
ercise thereof must be reasonable and not to interfere with the rights and duties of the Railroad Co: Id.
Whether such exercise of power is reasonable may be passed upon by the courts' Id.
An ordinance under this section requiring a railroad company to light its bridges and crossings, must
state a time within which the same shall be done, and this omission is not cured by the sending of the
notice by the clerk of the city or village under 2 2496: Ry. Co. v. St. Marys, 14 C. C. 202; 7°O. D. 661.
Applies to railroad company, although the company is neither the owner nor lessee of the railroad
track: Railway Co v Bowling Green, 57 O. S. 336.
The ordinance stating that the lamps shall be lighted during the same hours that the village lamps are
lighted, is sufficiently definite to notify the railroad what is required of it in this respect: Id.
See notes to same case under 2 2495
SEC. 2495. [Character of the ordinance.] The ordinance shall specify
the manner in which such bridge or railway shall be lighted, the number and
style of lamp-posts, gas-posts, electric lights or other lights and fixtures and
the time such lights shall be kept burning in each twenty-four hours. [91 v.
147; 66 v. 220, § 430.]
Cited in Ravenna v. Railroad Co., 45 O. S. 118.
Municipality may prescribe the kind of light to be used: Ry. Co. v Bowling Green, 57 O. S. 336.
It cannot, however, compel the use of electricity when the municipality contains no electrical plant;
for this is an unreasonable burden: Id.
It may compel the use of a certain kind of lamps and attachment of which the exclusive right to use
belongs to the electric company within the municipality, as the electric company's plant is so far a public
institution, that it must serve all at a reasonable price, and therefore the requirement is reasonable: id.
See notes to same case under ? 2494.
Cited: Ry. Co. v. St. Marys, 14 C. C. 205, 7 O. D. 661.
1301
Tit. XII,Div.8,Ch.4.
LIGHTING CORPORATION.
§§ 2496-2499.
SEC. 2496. [Notice of requirement to be given.] Notice of such
requirement to light any bridge or railway shall be given at least twenty days
before any penalty or charge shall be imposed for default; and such notice may
be given by delivering to any owner or part owner, or any person having pos-
session, charge or management of such bridge or railway, a written or printed
copy of the ordinance. [66 v. 221, § 431.]
See note to Horn v. Columbus, 1 C. C. 337, under ? 2303.
Cited: Ry. Co. v. St. Marys, 14 C. C 206; 7 O. D. 661.
SEC. 2497. [Procedure on failure to light bridge or railway.] If the
person, company, or corporation, owning, possessing, or operating such railway
or bridge, neglect or fail to do such lighting in conformity with the provisions
of the ordinance for twenty days after notice as aforesaid, the council may
immediately proceed to cause the lighting to be done at the expense of such
person or persons, company, or corporations. [67 (69) v. 47, § 432.]
Council need not furnish the light but may employ others to do so, and as the kind of light is not pre-
scribed it may require electric light: C. H. & D. R. R. v. Bowling Green, 9 C. C. 524; 3 O. D. 292; (aff'd 57 0.
S. 336).
SEC. 2498. [Assessment for expense of such lighting, etc.] The coun-
cil may direct the manner in which the expense of lighting such bridge or
railway shall be assessed and collected, and when assessed, the amount shall
be a debt due against and payable by such person, company, or corporation,
and shall be a lien to be enforced as any other lien on such bridge and the land
on which the same is built, or upon the real estate of the railway company or
leasehold interest situate or being within the county wherein such city or
village is located. [67 (69) v. 47, § 433.]
When, on default of the railway, such lighting is procured to be done by council, the expense thereof
may be assessed or declared a lien upon any of the real estate of the railway company within the municipal-
ity: C. H. & D. R. R. Co. v. Sullivan, 32 O. S. 152.
The liability to pay such expense can only be enforced by suit or action, or, in the language of the Con-
stitution, “by due course of law." It is not a tax or assessment in the nature of a tax for local improve-
ments, and can not therefore be summarily placed upon the county duplicate and collected as a tax or assess-
ment proper: Id.
This expense may be collected in any court having jurisdiction: Bowling Green v. C. H. & D. R. R.,
10 C. C. 63 (affrd. 57 0. S. 336.
SEC. 2499. [How lien may be enforced.] The charge may be collected
or the lien enforced in the manner pointed out in the chapter providing for the
assessment of damages and expenses for making public improvements. [66 v.
221, § 434.]
The mode of collecting the charge or enforcing the lien, prescribed by this section, is by suit, in the
name of the municipal corporation, as pointed out in the Code of 1869, in 33 545-553: C. H. & D. R. R. Co. v.
Sullivan, 32 O. S. 152.
For "
an act authorizing corporations or individuals in certain cities to construct and
operate electric light plants in connection with electric street railroads," see ? 3443-14.
Ashtabula―cities of 4th grade 2d class authorized to issue $15,000 bonds to complete
electric lighting plant, 87 v. 61, 373; 90 L. L. 14.
Bairdstown-sale of natural gas plant authorized, 89 v. 420.
Belleville-may issue electric light plant bonds; question submitted to electors, 93
v. 482.
Cambridge-bonds for electric light plant, 88 v. 138.
Findlay-sinking fund for gas bonds, 93 v. 354; 91 v. 485; 89 v. 375; 90 L. L. 276.
Forest-bonds for boring for gas and oil and apparatus for its use. 84 v. 114.
Fostoria-natural gas plant, authority to acquire, 90 L. L. 445.
To authorize trustees of gas works of municipal corporations not having sinking fund
trustees to provide a sinking fund and to buy in gas bonds, 92 v. 543, 89 v. 375.
Freeport-may make additional levy for electric light purposes, 93 v. 533.
Germantown-bonds for electric light plant, 89 v. 360.
Georgetown-village of, in Brown Co., electric light plant authorized, 91 v. 603.
Granville-may erect or purchase electric light plant-bonds therefor, 88 v. 306.
Greenfield-may erect electric light plant or purchase and issue bonds therefor, 89
v. 360.
Greenville-bonds for natural gas plant, 86 v. 9; 86 v. 65.
Lancaster-bonds to bore for gas or purchase gas wells and laying pipes, 85 v. 175;
86 v. 126.
London-electric light trustees, 92 v. 750.
Medina-bonds for electric light plant, 89 v. 139.
1302
Tit. XII.
RAILWAYS IN CORPORATE LIMITS.
Div. 8, Ch. 5.
Martin's Ferry-bonds for electric light plant, 92 v. 628.
Martin's Ferry-bonds to construct electric light plant and for trustees to govern, 89
v. 127.
Mt. Gilead-bonds for natural gas or oil wells, or for producing manufactured gas;
trustees; tax; submission to vote, 86 v. 358.
Mt. Vernon-bonds to develop natural gas and oil, 86 v. 276.
Napoleon-bonds for electric lighting and water-works, 89 v. 185, 315.
Newark--trustees of electric light plant created, 91 v. 719.
New Richmond-electric light plant, can purchase or erect, 87 v. 467.
Niles-bonds for water-works and electric light plant, 89 v. 184, 255.
Shelby-bonds for electric light works, rates to private consumers, officers, earnings,
87 v. 271.
Somerset-bonds to develop gas petroleum and coal, 86 v. 215.
Saint Mary's-bonds for electric light plant, 89 v. 61.
Tiffin-bonds for natural gas plant, 86 v. 169.
Toledo-bonds to sink or purchase gas wells and lay pipe, submission to vote; sinking
fund; trustees, appointment and duties of, 86 v. 7; held constitutional, State ex rel v.
Toledo, 48 O. S. 112.
Urbana-bonds for natural gas plant, 86 v. 103 and 89 v. 42; power to sell or lease
same, 92 v. 560.
Wapakoneta-bonds for electric light plant, 89 v. 332.
Waverly-village, electric light plant authorized, 91 v. 569.
West Milton-bonds for lighting and for town hall, 89 v. 288.
Wilmington-bonds for electric light plant, 88 v. 405.
Youngstown-lighting contract for 10 years authorized, 91 v. 748.
Bonds to purchase natural gas plant and sink wells and erect machinery; appropriat-
ing lands; tax; trustees, 86 v. 81.
CHAPTER 5.
SECTION
RAILWAYS IN CORPORATE LIMITS.
SUBDIVISION I. Steam cars.
SUBDIVISION II. Horse cars.
SUBDIVISION I.
2500. Regulation of rate of speed.
2500a. Additional powers of Cincinnati, Cleveland,
and Springfield: council or board of ligisla-
tion may prevent obstruction of streets, etc.,
by railroad companies; bars or gates and
SECTION
watchmen at crossings in Cincinnati and
Cleveland; penalties; schedule of trains.
25006. When council may erect gates or employ watch-
2500c.
SUBDIVISION II.
2501. Terms and conditions of construction and
operation to be fixed by council; renewal of
grant.
2502. Proceedings to establish a street railroad route:
grant not valid for more than twenty-five
years.
2502a. Repealed.
2503. Grade of streets when street railroad is con-
structed.
2504. Pavement of streets where railroads are con-
structed; proviso.
2505. Council of city or village may grant extension
of street railway.
2505a. Power to lease or purchase, to enter into bene-
ficial arrangement, to purchase stocks, etc.;
men.
Duty of mayor.
perfection of lease or purchase; increase of
fare prohibited.
25056. Consolidation.
2505c. Use of street railway tracks for operation of
passanger cars of other railway company, etc.
2505d. [Repealed.]
2505e. Street railway company may lease or purchase
property, etc.. of electric light and power
company; stockholders' meeting to perfect
lease or purchase dissenting stockholder;
powers of purchasing company; lease or sale
not to affect liability cf light and power
company.
2505f. Regulating running of street cars in Cincin-
nati.
No steam or street railroad to be operated, etc., in parks in Cincinnati, except,
see (2515-17).
1303
Tit. XII,Div.8,Ch.5. RAILWAYS IN CORPORATE LIMITS. §§ 2500-2500a.
SUBDIVISION I. STEAM CARS.
SEC. 2500. [Regulation of rate of speed.] When a railroad track is
laid in a municipal corporation, the council may by ordinance regulate the
speed of all locomotives and railroad cars within the corporate limits: pro-
vided, such ordinance shall not require a less rate of speed than four miles an
hour, and in villages having a population of two thousand or less it shall not
be fixed at a less rate than eight miles an hour; and the corporate authorities
may by civil action, recover against any engineer, conductor, or company
violating such ordinance a sum not less than five dollars nor more than fifty
dollars for each offense. [74 v. 132, §1; (S. & C. 321).]
As to the construction of former laws with respect to railways in streets, see Cincinnati, etc., Ry. Co. v.
Cumminsville, 14 O. S. 523; Roberts v. Easton, 19 O. S. 78; Little Miami R. R. Co. v. Dayton, 23 O. S. 510; State v.
Bell, 34 O. S. 194.
As to injuries to persons by street railways, see Pendleton, etc., Ry. Co. v. Stallman, 22 O. S. 1; Healey v.
City Passenger Ry. Co., 28 O. S. 23.
When a city council, by ordinance, has prohibited the running of railroad trains through its limits at a
rate of speed greater than that named in the ordinance, a traveler upon a street in such city, crossing the track,
has a right to presume that the company will conform to such regulation: Hart v. Devereux, 41 O.S. 565.
Cited in Ravenna v. Railroad Co., 45 O. S. 118.
SEC. 2500a. [Additional powers of Cincinnati, Cleveland and Spring-
field; council or board of legislation may prevent obstruction of streets,
etc., by railroad companies; bars or gates and watchmen at crossings in
Cincinnati and Cleveland; penalties; schedule of trains.] In addition to
the powers specifically granted in said section 2500, and in sections 2492 to
2499, inclusive, and in section 1692, and the acts amendatory of and supple-
mentary thereto, of the Revised Statutes of Ohio, cities of the first and second
grades of the first class and cities of the third grade a of the second class shall
have the following general powers, and the board of legislation or council may
provide by ordinance for the exercise and enforcement of the same: To pro-
vide against and prevent the obstruction, use or occupancy of any street or
other public highway with any locomotive, car, cars or train, by any railroad
company, companies, superintendent, agent or other employe thereof, either
directly or indirectly, permitting or suffering such locomotive, car, cars or train
to remain upon the crossing by any railroad of such street or other public
highway, or any part thereof, or by coupling, switching or shifting of locomo-
tives, cars or trains, or the making up of such trains upon such crossing of
such street or other public highway, or any part thereof, or by the moving or
stopping of trains upon such crossing of or across the same for a period longer
than four minutes at one time; to prevent such obstruction, use or occupancy
of any such street or other public highway by any railroad company, com-
panies, superintendent, agent or other employe thereof, either directly or indi-
rectly, for a period of five minutes after the same has been once so obstructed,
used or occupied for said period of four minutes, so as to give and guarantee
to the public the exclusive use of such street or other public highway for five
minutes thereafter; and in cities of the first and second grades of the first
class to require any railroad company or companies so using such street or
other public highway for said period of four minutes, to provide and maintain
suitable bars or gates and watchmen at such street or other crossing to secure
It is further pro-
and warn the public against the dangers attending such use.
vided, that the board of legislation or council of such cities, to carry into force
and effect the provisions of any ordinance or ordinances under this section,
shall have power to prescribe penalties for any violation thereof, by fine not to
exceed fifty dollars for each offense, or by imprisonment not to exceed thirty
days, or both fine and imprisonment for each and every repeated violation
thereof after the first offense. It is provided further, that nothing herein shall
be so construed as to effect or interfere with the arrival and departure of regu-
lar railroad trains moving across such street or public highway, without stop-
ping, at a rate of speed not exceeding six miles per hour. [90 v. 187; 89 v. 90;
86 v. 212.]
1304
S$ 25006-2502. RAILWAYS IN CORPORATE LIMITS. Tit.XII,Div.8,Ch.5.
SEC. 2500b. [When council may erect gates or employ watchmen.]
Should any railroad company or companies neglect or fail to protect the public
by putting up gates or bars, or to maintain watchmen, as provided in section
two thousand five hundred (a), the city council may cause such suitable gates or
bars to be put up, and employ such necessary watchmen, at the expense of
said railroad company or companies, and by civil action recover against such
company or companies the expense so incurred. [1889, April 5: 86 v. 212, 213.]
SEC. 2500c. [Duty of mayor.] The mayor of such cities shall cause the
enforcement of any ordinance or ordinances enacted by such council under said
section two thousand five hundred (a); and the mayor shall appoint and commis-
sion a sufficient force of officers and special detectives to secure the public
safety and convenience, and to make arrests, and prosecute any violation of
any such ordinance or ordinances. [1889, April 5: 86 v. 212, 213.]
SUBDIVISION II. HORSE CARS.
Grant of street to, in Portsmouth, see? (1707ƒ—23).
SEC. 2501. [Terms and conditions of construction and operation to
be fixed by council; renewal of grant.] No corporation, individual or
individuals shall perform any work in the construction of a street railroad,
until application for leave is made to the council in writing, and the council by
ordinance shall have granted permission, and prescribed the terms and condi-
tions upon, and the manner in which the road shall be constructed and oper-
ated, and the streets and alleys which shall be used and occupied therefor, but
the council may renew any such grant at its expiration upon such conditions
as may be considered conducive to the public interest. [92 v. 206; 84 v. 40;
Rev. Stat. 1880; 66 v. 217, § 411; 76 v. 156, § 4; (S. & S. 137; S. & C. 1560).
This section, taken in connection with 2 2640, shows that the state, in its sovereign character, has reserved
no property interest in the streets: Cincinnati Street R. R. Co. v. Smith, 29 O. S. 306.
The statute vests in the city council the power to grant the use of the streets to any street railroad com-
pany, if beneficial to the public. A court of equity will not interfere with the exercise of this discretionary
power in the absence of facts showing fraud: Sims v. Street Railroad Co., 37 O. S. 567.
As to duty of street railroad company to repair street under an ordinance, and as to the rights of the
city in that behalf, see Columbus v. Street Railroad Co., 45 O. S. 99.
See notes to ? 2500.
A competing street railroad can not object to non-compliance with 222501, 2502; Toledo Consol. Street
Ry. v. Toledo Elec. Street Ry., 6 C. C. 362, 387.
This gives the city no power to punish driving a street car without a conductor: Thornhill v. Cincin-
nati, 4 C. C. 354.
See, with reference to change from horse-car railway to electric railway, and the right of electric railway
company to erect poles on sidewalk without the consent of party owning property abutting on the street:
Railway Co. v. Winslow, 3 C. C. 425.
Trustees of a hamlet are included in the word council: Annexation to Newburgh, 8 O. D. 84; 15 C.
C. 78, 81.
Consents contrasted with 22 3437 to 3442: Neare v. Mt. Auburn Cable Ry., 4 O. D. 475; 29 Bull. 171.
Leave to change power to electricity is not an implied renewal: Cincinnati v. Cincinnati Street Railway,
4 O. D. 507, 515: 30 Bull. 321, aff'd, no report, 52 O. S. 609.
If the street railroad accepts the conditions of the ordinance, it constitutes a contract, and a law suit and
not mandamus lies to enforce it: State v. Railway, 15 C. C. 200.
SEC. 2502. [Proceedings to establish a street railway route; grant not
valid for more than twenty-five years.] Nothing mentioned in the next preced-
ing section shall be done; no ordinance or resolution to establish or define a street
railroad route shall be passed, and no action inviting proposals to construct
and operate such railroad shall be taken by the council, except upon the recom-
mendation of the board of public works in cities having such a board; and of
the board of improvements in other municipalities having such a board: and
no ordinance for the purpose specified in said preceding section shall be passed
until public notice of the application therefor has been given by the clerk of
the corporation in one or more of the daily papers, if there be such, and if not
then in one or more weekly papers published in the corporation, for the period of
at least three consecutive weeks; and no such grant as mentioned in said preced-
ing section shall be made, except to the corporation, individual or individuals,
that will agree to carry passengers upon such proposed railroad at the lowest rates
1305
Tit. XII,Div.8,Ch.5. RAILWAYS IN CORPORATE LIMITS. §§ 2502a-2504.
of fare, and shall have previously obtained the written consent of a majority
of the property-holders upon each street or part thereof, on the line of the pro-
posed street railroad, represented by the feet front of the property abutting on
the several streets along which such road is proposed to be constructed; pro-
vided, that no grant nor renewal of any grant for the construction or operation
of any street railroad, shall be valid for a greater period than twenty-five years
from the date of such grant or renewal, except in cities of the second grade of
the second class, in which no grant nor renewal of any grant for the construc-
tion or operation of any street railroad, shall be valid for a greater period than
fifty years from the date of such grant or renewal; and after such grant or re-
newal of a grant is made, whether by special or general ordinance, the mu-
nicipal corporation shall not, during the term of such grant or renewal, release
the grantee from any obligation or liability imposed by the terms of such grant
or renewal of a grant. [88 v. 389; 81 v. 66; 80 v. 173; Rev. Stat. 1880; 67 v.
77, § 412; 76 v. 156, § 5; (S. & C. 1560).]
See notes under 23439.
Does not apply to a renewal of a grant nor are consents necessary thereto : State v. East Cleveland R. R.,
6 C. C. 318.
This and the preceding section only forbid the final grant being made before public notice, and do not
prevent the terms and conditions being made: Aydelott v. Cincinnati, 11 C. C 11; 10. D. 523.
The contract is not valid unless it is with the lowest bidder: Knorr v. Miller, 5 C. C. 609 (affr'd by Supr.
Ct. 27 Bull. 604); Compton v. Johnson, 9 C. C. 532.
Publication in one paper is sufficient under this section, although a general ordinance requires such
ordinances to be in two papers: Simmons v. Toledo, 5 C. C. 124 (affr'd by Supr. Ct. 31 Bull. 367).
City may grant a right of way through a park to a street railroad and reserve a rent therefor: Mathers v.
Cincinnati (Ham. Dist. Court), 3 W. L. B. 551.
Modification of contract between city and owner of street railroad route, made in good faith for better
accommodation of public, is not void by virtue of this section as a release of grantee from an obligation,
although in consideration of more rapid transportation, involving greater expense, higher fare is permitted:
Clement v. City of Cincinnati (Cin. Sup. Court, Gen. Term), 16 W. L. B. 355.
Consents of a majority on each street is required also in case of extension of a route: Mt. Auburn Cable
Ry. v. Neare, 51 O. S. 153, 154.
SEC. 2502a. [Release from conditions of grant. 90 v. 228. Repealed
in 91 v. 229.]
SEC. 2503. [Grade of streets when street railroad is constructed.]
Before any street railroad shall be constructed, on any street less than sixty
feet in width, with a roadway of thirty-five feet, or under, the council shall
provide, that the crown of the street shall be made a nearly flat uniform curve,
from curb to curb, without ditch gutters, and in such manner as to give all
wheeled vehicles the full use of the roadway up to the face of the curb, after
the plan of the streets in the cities of Philadelphia and New York. And on
any street, whenever the tracks of two street railroads, or of a street railroad
and a steam railroad, cross each other at a convenient grade, the crossings shall
be made with crossing-frogs of the most approved pattern and materials and
kept up and in repair at the joint expense of the companies owning said tracks.
[1881, April 20: 78 v.296; Rev. Stat. 1880; 66 v. 217, §413; (S. & S. 139).]
See note to 4 O. D. 475, under ? 2501.
SEC. 2504. [Pavement of streets where railroads are constructed;
proviso.] The council may require any part or all of the track, between the
rails of any street railroad constructed within the corporate limits, to be paved
with stone, gravel, boulders, or the Nicholson or other wooden or asphaltic
pavement, as may be deemed proper, but without the corporate limits, paving
between the rails with stone, boulders, or the Nicholson or other wooden or
asphaltic pavement shall not be required; provided, that in cities of the sec-
ond grade of the first class, the council may require of any street railroad com-
pany to pave and keep in constant repair, sixteen feet for a double track or
seven feet for a single track, all of which pavement shall be of the same ma-
terial as the balance of the street is paved with. [87 v. 246; 66 v. 217, §414;
(S. & S. 139).]
See note to 4 O. D. 475, under ? 2501.
1306
§§ 2505-2505a. RAILWAYS IN CORPORATE LIMITS. Tit. XII,Div.8,Ch.5.
SEC. 2505. [Council of city or village may grant extension of street.
railroad.] The council of any city or village may grant permission, by ordi-
nance, to any corporation, individual, or company owning, or having the right
to construct, any street railroad, to extend their track, subject to the pro-
visions of sections three thousand four hundred and thirty-seven, three thousand four
hundred and thirty-eight, three thousand four hundred and thirty-nine, three thousand
four hundred and forty, three thousand four hundred and forty-one, three thousand four
hundred and forty-two, and three thousand four hundred and forty-three, on any street
or streets where council may deem such extension beneficial to the public; and
when any such extension is made, the charge for carrying passengers on any
street railroad so extended, and its connections made with any other road or
roads, by consolidation under existing laws, shall not be increased by reason of
such extension or consolidation. (66 v. 140, § 1.) [1880, March 9: 77 v. 42, 43;
Rev. Stat. 1880.]
The exercise, in good faith, by the council of a city or village of the discretion vested in it by 2 2505,
Revised Statutes, as corrected (77 v. 42), to grant permission to any corporation, company, or individual own-
ing or having the right to construct a street railroad, to extend its track, where the council may deem such
extension beneficial to the public, will not be interfered with by the court: Sims v. Street Railroad Co., 37
Q. S. 556.
The extension may be beyond the termini named in the certificate of incorporation: Ib.
The ordinance granting such extension is not an act conferring corporate power: Ib.
See note to 4 O. D. 475, under ? 2501.
SEC. 2505a. [Power to lease or purchase, to enter into beneficial ar-
rangement, to purchase stock, etc.; perfection of lease or purchase; rights
of dissenting stockholder; increase of fare prohibited.] Any corporation
or company organized for street railway purposes, may lease or purchase any
street railroad, or street railroads, or railroad operated as a street railroad and
by electric power or inclined plane railroad or railroads, together with all the
property, real, personal or mixed, and all the franchises, rights and privileges
respecting the use and operation of such railroad or railroads, situate or exist-
ing in whole or in part within this state, constructed and held by any other
corporation or company, corporations or companies, the latter being hereby in-
vested with corresponding power to let or sell upon such terms and conditions
as may be agreed upon between the corporations or companies; and any two
or more of such corporations or companies may enter into any agreement for
their common benefit consistent with and calculated to promote the objects for
which they were created. No such lease or purchase shall be perfected until a
meeting of the stockholders of each of the companies has been called for that
purpose by the directors thereof, on thirty days' notice to each stockholder, at
such place, and in such manner, as is provided for annual meetings of the
companies, and the holders of at least two-thirds of the stock of each company,
in person or by proxy, at such meeting, or at any properly adjourned meeting,
assent thereto. Provided that any stockholder who refuses to assent to such
lease or sale and signifies the same by notice in writing to the lessee or pur-
chaser within ninety days thereafter, shall be entitled to demand and receive
compensation in the manner provided for the compensation of stockholders in
sections 3302, 3303 and 3304 of the Revised Statutes, and the said sections are
adopted and made to be a part of this section. Provided, that, whenever any
such lease or purchase is made as herein provided, there shall be no increase of
the existing rates of fare by reason of such lease or purchase nor shall any fare
be charged upon any of the separate routes so leased or purchased in excess of
the fare charged over such separate routes prior to the lease or purchase thereof,
and provided that when any such lease or purchase is made as herein provided,
the fare charged for one continuous route or ride in the same general direction
over all such leased or purchased lines within any municipal corporation shall
not exceed the maximum fare charged over any one of said lines prior to such
lease or purchase. [93 v. 214; 92 v. 277; 88 v. 493.]
1307
Tit. XII,Div.8,Ch.5. RAILWAYS IN CORPORATE LIMITS. §§ 25056-2505c.
SEC. 2505b. [Consolidation.] Whenever the lines or authorized lines of
road of any street railroad corporations or companies meet or intersect, or
whenever any such line of any street railroad corporation or company, and
that of any inclined plane railway or railroad company or corporation or any
railroad operated by electricity or other means of rapid transit may be con-
veniently connected, to be operated to mutual advantage, such corporations or
companies, or any two or more of them, are hereby authorized to consolidate
themselves into a single corporation; or whenever a line of road of any street
railroad company or corporation organized in this state is made, or is in proc-
ess of construction to the boundary line of the state, or to any point either
within or without the state, such corporation or company may consolidate its
capital stock with the capital stock of any corporation or company, or corpora-
tions or companies in an adjoining state, the line or lines of whose road or roads
have been made or are in process of construction to the same point or points, in
the same manner and with the same effect as provided for the consolidation of
railroad companies in sections 3381, 3382, 3383, 3384, 3385, 3386, 3387, 3388, 3389,
3390, 3391 and 3392 of the Revised Statutes, and any and all acts amendatory
and supplementary to said sections and each of them; and the said sections,
including these so amended and supplemented, are adopted and made a part
of this section. [92 v. 277; 89 v. 406; 88 v. 493.]
SEC. 2505c. [Use of street railway tracks for operation of passenger
cars of other railway company, etc.] Whenever any railway company is
incorporated and organized under the laws of this state for the purpose of
building, acquiring, owning, leasing, operating and maintaining a railroad or
railroads to be operated by electricity or other motive power from one muni-
cipal corporation or point in this state, to any other municipal corporation,
municipal corporations, or point in this state, it shall have an authority to
make an arrangement or agreement with any street railway company or com-
panies owning or operating any street railway or railways in any such muni-
pal corporation or corporations, and said street railway company or companies
shall have authority to make and enter into such arrangement or agreement
with said railway company, whereby the passenger cars of such railway com-
pany may be run and propelled over and along the track or tracks of such
street railway company or companies, for such compensation and upon such
terms as may be agreed upon in the same manner, upon the same conditions
and for the same length of time as the cars owned or operated by said street
railway company or companies are operated in such municipal corporation or
corporations. The said cars of said railway company shall, while they are
running and being operated over and along the track or tracks of such street
railway company or companies in any such municipal corporation, be entitled
to all the privileges and subject to all the obligations enjoyed and imposed by
and upon the cars of such street railway company or companies owning or
operating its cars in any such municipal corporation, and shall be operated
only by the same motive power with which the cars of such street railway
company or companies are or may be operated. Such arrangement and agree-
ment, when authorized by not less than two-thirds in amount of the stock-
holders of each company proposing to enter into such arrangement and agree-
ment, ratified by a majority of the directors and executed by the proper officers
thereof, shall give to such railway company full authority to operate its said
cars on the tracks of said street railway company or companies in such muni-
cipal corporation or municipal corporations. Provided that it shall not be
necessary for such railway company, in case it uses in any such municipal
corporation or municipal corporations, only the tracks of a street railway
company or companies owning or operating a street railway or railways with-
in such municpal corporation or municipal corporations to obtain any addi-
tional grant, franchise or right, except by said arrangement or agreement with
1308
$$ 2505d-2505f. RAILWAYS IN CORPORATE LIMITS. Tit.XII,Div.8,Ch.5.
said street railway company or companies. Provided further, that the fare
charged by said railway company for transporting passengers within the muni-
cipal corporation or municipal corporations, shall not be greater than that
fixed in the franchise or franchises held or owned by such street railway com-
pany or companies; and where there is a public park or cemetery on the line
of such railway and within one mile of, and owned by, such municipal cor-
poration, such company shall for such fare so transport passengers to and from
said park or cemetery the same as though either was within the limits of such
corporation. [91 v. 379.]
Cited: Toledo Elec. Street Ry. v. T. & M. V. Ry., 10 C. C. 168, 169; 3 O. D. 376.
SEC. 2505d. [Agreement as to terms and conditions of grants in case
of lease, etc.] [Repealed, 93 v. 3; 92 v. 278.]
SEC. 2505e. [Street railway company may lease or purchase property,
etc., of electric light and power company; stockholders' meeting to per-
fect lease or purchase; dissenting stockholder; powers of purchasing
company; lease or sale not to affect liability of light and power company.
Any corporation or company maintaining and operating a street railroad may
lease or purchase all the property, real, personal and mixed, and all the fran-
chises, rights and privileges of any company organized prior to the date of the
enactment of this supplementary act, for the purpose of supplying electricity
for power and light purposes, or which has been engaged in such business in
whole or in part in any city within this state, the latter being hereby vested
with corresponding power to let or sell, upon such terms and conditions as may
be agreed upon between the corporation and company. No such lease or pur-
chase shall be perfected until a meeting of the stockholders of each of the com-
panies has been called for that purpose by the directors thereof, on thirty (30)
days' notice to each stockholder at such time and place and in such manner as
is provided for the annual meetings of the companies and the holders of at least
two-thirds of the stock of each company in person or by proxy, at such meet-
ing, or at any properly adjourned meeting assent thereto. Provided, that any
stockholder who refuses to assent to such lease or sale and so signifies by notice
in writing to the lessee or purchaser within ninety (90) days thereafter, shall
be entitled to demand and receive compensation in the manner provided for the
compensation of stockholders in sections 3302, 3303 and 3304 of the Revised
Statutes and the said sections are adopted and made a part of this section. Any
such company so leasing or purchasing the property, rights and franchises of
an electric light and power company shall have all the rights, power and
authority that electric light and power companies now have, or may hereafter
have, by the statutes of this state, but the liability of any electric light and
power company shall in no manner be affected by its lease or sale as herein
provided. [93 v. 139.]
SEC. 2505f. [Regulating running of street cars in Cincinnati.] All
street-railway companies owning and operating a street-railway, in whole or in
part, in cities of the first grade of the first class, whether operated by electricity,
cable, compressed air, or any motive power other than horses or mules, shall
run and operate street-cars, which shall be open for passenger traffic, over and
upon that part of said street-railway lying and situated in said cities of the
first grade of the first class, at no greater intervals than one hour, both night
and day, on each day of the week; and any street railway company violating
the provisions of this act, shall, upon conviction, be fined in any sum not less
than twenty-five ($25) dollars, nor more than one hundred ($100) dollars per
day that such street-railway company shall fail to run its cars over and upon
said railway at the intervals required in this act; and it is hereby made the
duty of the prosecuting attorney of each county of this state containing a city
of the first grade of the first class to institute the necessary proceedings to en-
force the provisions of this act. [93 v. 585.]
1309
Tit. XII.
PARKS AND PUBLIC GROUNDS
Div. 8, Ch. 6.
CHAPTER 6.
PARKS AND PUBLIC GROUNDS.
SUBDIVISION I. In cities of the first grade of the first class.
SUBDIVISION II. In villages and cities other than cities of the first grade of the first class.
SUBDIVISION I.
SECTION
2506. Board of administration to have control of
parks and public fountains in Cincinnati.
2507. Powers of board.
2508. Liabilities, purchases of leases.
2509. Park fund.
2509a. Bonds.
25096. Proceeds of bonds.
2509c. Additional tax.
2510. Report of board.
2510-1. Lincoln park.
2510-2. Sale of part of Cincinnati park property.
2510-3.
Notice of sale.
2510-4. Application of proceeds; conveyances.
2510-5. Income upon gifts, etc., for music in public
parks in Cincinnati.
2510-6. Park commissioners; number, appoint-
ment, qualificatious; bond; term; com-
pensation and expenses; vacancy; re-
moval.
2510-7. Chairman; secretary; appointees; office;
record of proceedings; report to mayor.
SECTION
2510-8. Jurisdiction and powers.
2510-9. Gifts, donations and devises of land, etc.
2510-10. Purchase or condemnation of property.
2510-11. Park improvement bonds.
2510-12. Submission of question.
2510–13. Park improvement fund.
2510–14. Member or employe's power to create liabil-
ity.
2510-15. How contracts to be made.
2510-16. Member or employe to have no interest in
contract or expenditure.
2510-17. No railroad to be operated through parks,
etc., without consent of board; crossing
park driveways.
2510-18. Commissioners to retain charge until com-
pletion of improvement; to be turned
over to proper officials.
2510-19. No part of fund to be used for present
parks, exception.
SUBDIVISION II.
2511. Appointment of park commissioners.
2512. To serve without compensation.
2513. Officers of public grounds and parks.
2514. Police jurisdiction over parks.
2515. Power of commissioners in Cleveland to lease,
etc., contiguous territory.
CLEVELAND.
2515-1. Board of park commissioners in Cleveland;
how constituted, etc.
2515-2. Powers and duties.
2515-3. Same.
2515-4. Penalty for injuring trees, etc., or violating
ordinances, etc., of council.
2515-5. Penalty for violating rules of park board.
2515-6. Employes.
2515-7. Power to appropriate property.
2515-8.
Powers.
2515-9. Same.
2515-10. Fund for payment.
2515-11. Bonds.
2515--12. Levying of tax.
2515-13. Revenues to be placed to credit of “park
expense fund."
2515-14. Limitations as to creating debts, etc.
2515-15. Park property free from taxes.
2515-16. Power of board not to be exercised by one
member.
2515-17. Procedure if contract exceeds $500.
2515-18. No member or employe shall be interested
in contracts.
2515-19. Report.
2515-20. When power to vest in director of public
works.
2515-21. Bonds for park purposes in Cleveland.
2515-22. Bids for bonds.
2515-22a. Bouds for park purposes in Cleveland.
2515–226. Bids for bonds.
TOLEDO.
2515-23. Toledo board of park commissioners.
2515-24. Oath and bond.
2515-25. Conduct of business.
2515-26. Powers of board; park fund.
2515-27. System of public parks; rules.
2515-28. Purchase of lands; appropriation of land.
2515-29. Issue of park bonds.
2515-30. Additional bonds.
2515-31. Tax.
2515-32. Superintendents, etc.
2515-33. Boards already existing shall have same
powers.
2515-33a. Lease of city park or grounds in Toledo to
centennial exposition company.
2515-336. Bond issue for improvement of park; com-
mission to have charge of expenditure of
proceeds of bonds; how appointed;
bond; organization; secretary; compen-
sation; powers and duties of commission;
disposition of receipts of sale of bonds
and for rents; compensation of commis-
sion; term; vacancy.
2515-33c. Levy to pay interest and principal of
bonds; denomination of bonds.
VILLAGES.
2515-34. Authority to convert cemetery grounds
into parks in certain cases; removal of
bodies.
2515-35. Clifton and other villages in Hamilton
county empowered to purchase land for
public park; procedure.
2515-36. Park employes; places for park, location
of same, etc.
SPRINGFIELD.
2515-37. Board of park commissioners; qualifica-
tions.
2515-38. Appointment; terms; vacancy.
2515-39. Compensation; oath; bond.
2515 40. Writings; rules; record; passage of resolu-
tion or order; quorum; clerk.
2515-41. Control of board.
2515–42. Powers of board.
2515-43. Power to incur liability.
2515-44. Employment of superintendents, etc.
2515-15. Report to council; "detailed estimate.
1310
§§ 2506-2509a.
PARKS AND PUBLIC GROUNDS. Tit. XII,Div.8,Ch.6.
SECTION
2515-46. Park fund.
DAYTON.
2515-47. Funds to be used for; may invest in bonds
until.
2515-48. Appropriation by council of lands for park
purposes; city solicitor to institute pro-
ceedings.
SECTION
2515-49. Park fund to be applied to pay costs of pro-
ceeding and value of land taken.
2515-50. 2702 inapplicable to this act.
2515-51. In case fund insufficient, city may issue
bouds.
2515-52. "Park bonds;" denominations, etc.
exempt from tax, see ? (2732—1).
Fort Ancient, preservation of, see 87 v. 345;
Rules governing access thereto, ? (2732-2).
Care of vested in Ohio archæological and historical society, see 88 v. 935.
SUBDIVISION I. IN CITIES OF THE FIRST GRADE OF THE FIRST CLASS.
SEC. 2506. [Board of administration to have control of parks and
public fountains in Cincinnati.] The improvement, care and control of all
parks and public fountains in cities of the first grade of the first class, shall be
vested in the board of administration of such cities. [91 v. 7; 76 v. 89; § 6.]
As to park commissioners in Cincinnati, see ? (2510—6).
A tract of land designated in the plat of a town laid out in 1796 as the "public square," was thereby
dedicated to the use of the town, and no subsequent disposition made of it by the original proprietor can
affect such use: Huber v. Gazley, 18 O. 18.
The dedication of "La Place," in the village of Gallipolis, subject to the single restriction that it should
not be obstructed, on the bank of the Ohio river, by any kind of public buildings, was for the usual and
ordinary purposes of a public square, and, as such, subject to the control of the public authorities: Langley v.
Gallipolis, 2 O. S. 108.
SEC. 2507. [Powers of board.] The board shall have power to make
contracts for the improvement of the grounds, the erection of the necessary
structures thereon, and to adopt rules for the protection, care and government
of the parks and public fountains under its charge, and for the care and pro-
tection of trees and shrubbery in the streets or other public highways of such
cities, and such rules shall have the same effect and may be enforced by the
same penalties as ordinances of the city. [92 v. 295; 92 v. 60; 91 v. 7; 68 v.
98, §§ 3, 4.]
SEC. 2508. [Liabilities; purchases or leases.] The board shall have
no power in any way to incur any liability for park purposes beyond the amount
of the funds which may have been levied therefor or appropriated to their
order by the board of legislation for such purposes; and all purchases or leases
of land for park purposes shall be made by the board of legislation only upon
the recommendation of the board. [91 v. 7; 68 v. 99, § 8.]
SEC. 2509. [Park fund.] All moneys derived from levies for park
purposes, revenues arising from the public park property, together with all
fines, penalties and damages for the violations of any of the rules, regulations
and ordinances, established by said board with reference to said parks, and all
moneys from the general fund appropriated by the board of legislation for
such purposes, shall be placed in a special fund called the park fund, and shall
be disbursed by the treasurer of such city, upon a warrant by the auditor,
which shall be drawn in accordance with the order of the board. [91 v. 7; 68
v. 99, § 9.]
SEC. 2509a. [Bonds.] The board of administration is hereby authorized
to issue the bonds of such city of the first grade of the first class in such
amounts and at such times, as it may determine to be necessary, the amount
of said bonds not to exceed in all the sum of twenty-five thousand dollars
($25,000) and same to bear interest not to exceed four per cent. per annum.
Said bonds shall be signed by the president of said board of administration,
and the mayor, and attested by the city auditor of said city, and shall be se-
cured by the pledge of the faith and credit of said city and shall be payable
at such times as said [board] may determine and shall be sold according to
law. [91 v. 256.]
1311
Tit. XII,Div.8,Ch.6. PARKS AND PUBLIC GROUNDS.
§ 25096.
SEC. 2509b. [Proceeds of bonds.] The proceeds of any such bonds
shall be paid into the park fund and shall be used for the purpose of con-
structing any bridge which said board shall deem it necessary to build over
any avenue in any of the parks under its control, and the remainder of such
proceeds shall be used by said board in payment of all or part of the con-
tract debts of such city, if any, remaining unpaid, incurred by any former
board of park commissioners of said city, and for any other improvements in
any of the parks of said city. [91 v. 256.]
SEC. 2509c. [Additional tax.] Said board of administration shall esti
mate and report annually, the amount of money sufficient to pay the interest
and to provide a sinking fund for the final redemption of all bonds so issued
and shall certify same to the proper municipal officers, who shall, in addition
to the amount now authorized by law to be levied for municipal purposes, levy
a sufficient tax therefor on the real and personal property on the grand tax
duplicate of such city and certify such levy for collection with other taxes.
to the auditor of the county, and same shall be collected according to law.
[91 v. 257.]
SEC. 2510. [Report of board.] The board shall annually make a full
report to the board of legislation of their proceedings in respect to parks, with
a detailed account of the receipts and expenditures on such account, at such
time as the board of legislation may direct; and they shall also make out and
forward to the board of legislation and board of review, at any time that may
be required, an estimate of the amount of money necessary to carry on the
maintenance and improvements of such parks and forward the same to the
city auditor, board of legislation and board of review for their information in
making the annual levy. [91 v. 7; 68 v. 101, § 10.]
(2510-1) [Lincoln park.] In cities of the first class, having a popu-
lation of over two hundred thousand inhabitants in which there is public
property or real estate located in the western portion of such cities, which has
been or shall be devoted to park purposes under the name of Lincoln park, by
ordinance of the city council or other municipal body having power to act,
such public property or real estate shall not be in any way diverted from its
use for park purposes. [81 v. 181.]
(2510-2) SEC. 1. [Sale of part of Cincinnati park property.] If
any part of the park property of any city of the first grade [of the first class]
shall be separated from the main body of such property by a public street or
avenue, the board of public works of such city may decide that such part so
cut off from the main body of said park property is no longer needed for park
or municipal purposes. [83 v. 85.]
(2510-3) SEC. 2. [Notice of sale.] Whenever the board of public
works of such city shall so decide, the trustees of the sinking fund of such city
may, on giving not less than fifteen days' notice by publication in two or more
daily newspapers of general circulation in such city, receive bids at public
auction or in writing for the sale of such property, or any part thereof, on such
terms and for such time as they may deem for the best interest of such city,
with power to reject any and all bids, and they may, within twenty days after
the end of such publication, sell any part of such property at a rate not less
than the maximum offered for it, without a readvertisement. [83 v. 85.]
(2510-4) SEC. 3. [Application of proceeds; conveyances.] All funds
arising from the sale of such property, or any part thereof, by said trustees, shall
be applied to the payment of interest and principal of the bonded debt of the
city to which such property belongs; conveyances shall be executed by the
mayor of such city in the usual form, and mortgages shall be made to the presi-
dent of the trustees of the sinking fund to secure unpaid purchase money. [83
v. 85.1
1312
§ (2510-5).
PARKS AND PUBLIC GROUNDS. Tit. XII,Div.8,Ch.6.
(2510-5) [Income upon gifts, etc., for music in public parks in
Cincinnati.] Cities of the first grade of the first class be and they are hereby
authorized by ordinance duly passed, to guarantee a perpetual income equal
to the interest at the legal rate upon any sum of money given to any such
city as a gift, bequest or endowment for the purpose of providing music in any
of the public parks of such city; and such city is further authorized to pro-
vide out of its general revenues such sums as may be necessary to meet any
deficiency in the income from the investments of said fund in order to make
said income equal to the interest on said fund at the legal rate of interest. [89
v. 216.]
(2510-6) SEC 1. [Park commissioners; number, appointment, qual-
ifications; bond; term; compensation and expenses; vacancy; removal.]
In cities of the first grade of the first class the power to acquire property for
public park purposes, and for the extension of the public parks and the im-
provement of such acquisitions and extensions, shall be vested in a board of
park commissioners, which shall consist of five persons appointed by the mayor
of such city, at least ten days before the vote shall be had as provided for in
section seven of this act. Each person so appointed shall be an elector of such
city and shall give a bond to the satisfaction of the mayor and corporation
counsel thereof in the sum of twenty-five thousand dollars for the faithful per-
formance of his duties as such commissioner. Each of said commissioners
shall be appointed for the term of five years, and at the expiration of the term
of each his successor shall be appointed for a term of five years, or the sooner
completion of the work authorized by this act. He shall serve without com-
pensation and until his successor is appointed and qualified. The traveling
and other necessary expenses of the commissioners shall be allowed and paid
by the board. All vacancies in said board for unexpired terms shall be filled
by said mayor. The mayor may remove any commissioner for cause upon
notice and hearing. [93 v. 648.]
(2510-7) SEC. 2. [Chairman; secretary; appointees; office; rec-
ord of proceedings; report to mayor.] Said board shall annually choose one
of its members chairman, and may from time to time appoint a secretary, and
employ such other persons as it deems necessary to carry out the purposes of
this act; it may determine the duties and compensation of such appointees, re-
move the same at pleasure, and make all reasonable rules and regulations.
Said board shall have a suitable office, which shall be at the city hall, if there
be one, where its maps, plans, documents, records and accounts shall be kept,
subject to public inspection. The board shall cause a complete record of all its
proceedings to be kept, and transcripts of any part thereof certified by the sec-
retary shall be competent evidence in all courts. On or before the first day of
January in each year said board shall make a report of its proceedings to the
mayor, together with a full statement of its receipts and disbursements. [93
v. 648.]
(2510-8) SEC. 3. [Jurisdiction and powers.] The jurisdiction and
powers of said board shall be exclusive and shall extend to and may be exer-
cised throughout the county within which the city wherein the board shall be
appointed is situated. [93 v. 648.]
(2510-9) SEC. 4. [Gifts, donations and devises of land, etc.] Said
board of park commissioners shall also have the power to receive, manage and
control, in the name of such city, any and all gifts, donations and devises of
land or other property suitable to the carrying out of the purposes of this act,
upon such terms and conditions as may be agreed upon between the donors
thereof and said board. [93 v. 648.]
(2510—10) SEC. 5. [Power of board to purchase or condemn prop-
erty.] Said board is further authorized to acquire by purchase or by con-
1313
Tit. XII,Div.8,Ch.6. PARKS AND PUBLIC GROUNDS.
§ (2510-11).
demnation proceedings, on behalf of such city, all real and personal property
necessary to carry out the purposes of this act, whether said real property be
within or without the limits of such city. And wherever it shall be deemed.
necessary in the opinion of said board to appropriate land, it is hereby author-
ized to commence and conduct, in the name of such city, proceedings therefor,
under and according to chapter three, division seven, title twelve of the Re-
vised Statutes of Ohio and the acts amendatory and supplementary thereto,
and no concurrent action of any board or officer shall be necessary, and all the
powers with respect to such proceedings that are now vested in any other board.
or officer shall be vested also in and may be exercised by said board of park
commissioners. [93 v. 648.]
(2510-11) SEC. 6. [Park improvement bonds.] To provide a fund
with which to pay the cost and expense of so acquiring real property by pur-
chase or condemnation and of constructing and improving park entrances and
roadways connecting public parks, and of acquiring and constructing public
play grounds, public baths and gymnasiums, and of planting trees upon the
streets of such city; the said board of park commissioners is hereby authorized
to borrow, at such times and in such amounts as said board may determine, in
behalf of such city, an amount not to exceed two million dollars, in the aggre-
gate, and to issue bonds therefor in the name of such city under its corporate
seal. Such bonds shall be designated "park improvement bonds," shall be
signed by the president of said board and by the mayor of such city and at-
tested by the auditor of such city, or other auditing officer, if there be no audi-
tor, they shall bear such interest, not exceeding four per cent. per annum, and
be payable at such times and places, and in such amounts as said commission-
ers may determine. Said bonds shall be sold as provided by law, and be se-
cured by the pledge of the faith of such city and by a tax which it shall be
the duty of the board of legislation or council of such city to levy annually
upon all the taxable property of such city and to certify the same to the county
auditor of the county in which such city is situated upon a certificate from
the trustees of the sinking fund of such city as to the amount necessary to pay
the interest upon said bonds and to provide a sinking fund for the final re-
demption thereof. Said taxes shall be in addition to the amount authorized
by law to be levied for municipal purposes. Provided, however, that no bonds
shall be issued by said board until the assent of the electors of such city shall ·
have been first obtained in the manner provided for in section seven of this
act. [93 v. 649.]
(2510-12) SEC. 7. [Submission of question.] The board of elections
of such city shall at the next regular election to be held in such city, whether
for county or municipal purposes, print separate ballots for the use of electors,
upon each of which ballot shall be printed the words: "Park improvements
and issue of two million dollars of bonds-Yes." "Park improvements and
issue of two million dollars of bonds-No." And the electors shall express
their assent to said issue of bonds in the sum and for the purpsses above set
out by placing a X opposite the word "yes," and their dissent thereto by plac-
ing a X opposite the word "no," or by otherwise clearly indicating on said
ballot their will in the premises. If a majority of the votes cast upon the
measure shall be in the affirmative, the power in said board of park commis-
sioners to borrow said amount of money and to issue said bonds, as above pro-
vided for, shall be complete. [93 v. 649.]
(2510–13) SEC. 8. [Park improvement fund.] The money arising
from the sale of said bonds shall be placed in a fund to be called the "park
improvement fund," and a careful account of said fund shall be kept by the
auditor of such city. Said fund shall be applied exclusively to the acquisition
of land by purchase or condemnation for park purposes, the extension and im-
:
84
1314
§ (2510-14).
PARKS AND PUBLIC GROUNDS. Tit.XII,Div.8,Ch.6.
provement of parks and the construction of park entrances, park driveways
and roadways connecting parks, and of planting trees upon the streets of such
city, and no payment shall be made out of said fund except upon a resolution
duly adopted by said board specially appropriating the same and upon vouch-
ers properly approved by said board. [93 v. 649.]
(2510-14) SEC. 9. [Member or employe's power to create liability.]
: No member of said board of park commissioners and no person employed by
it, shall have power to create any debt, obligation, claim or liability for or on
account of said board or of such city, except upon the express authority of
said board conferred at a meeting thereof duly convened and held. [93 v. 650.]
(2510-15) SEC. 10. [How contracts to be made.] All contracts
entered into by said board of park commissioners shall be in the name of such
city and be signed by the president and secretary of said board and by the
contractor. In making contracts said board shall be governed by the provisions
of an act entitled "An act to regulate the award of contracts and for other pur-
poses in cities of the first grade of the first class," passed March 21, 1887 (84
O. L. 233), [(2702—1) et seq.] [93 v. 650.]
(2510-16) SEC. 11. [Member or employe to have no interest in
contract or expenditure.] No member or employe of said board shall have
any pecuniary interest in any contract entered into or expenditure made by
said board. [93 v. 650.]
(2510—17) SEC. 12. [No railroad to be operated through parks, etc.,
without consent of board; crossing park driveways.] No steam or street-
railroad shall be operated or laid out, through, or over any park, driveway or
road connecting parks under the control of said board of park commissioners,
without the consent of said board. But the proper authorities of such city, or
of the county in which such city is situated, may grant the right to steam or
street-railroad companies to cross said park driveways and roadways with their
tracks, but said crossing shall not be on grade if in the judgment of the board
in control of said driveway or railway [roadway], said crossing can be other-
wise made. [93 v. 650.]
(2510-18) SEC. 13. [Commissioners to retain charge as long as
improvement incomplete; upon completion to turn over to proper officials.]
All lands and interest in lands, and all improvements acquired and made by
virtue hereof, shall be under the control of said board, so long as it deems the
same respectively to be incomplete, but when each is in its judgment com-
pleted, such completed portion shall be turned over to the board or officials
having charge of the parks of such city, and when the amount of the author-
ized loan has been expended under the directions of the board created here-
under, said improvements shall be regarded as completed. [93 v. 650.]
((
(2510-19) SEC. 14. [No part of fund to be used for pleasure parks;
exception.] No part of the park improvement fund" authorized by this act
shall be expended in any of the present parks, if there be any in said cities,
except for constructing public play grounds, public baths and gymnasiums,
and then only by and with [the] consent of the board or officials having charge
of such parks. [93 v. 650.1
SUBDIVISION II. IN VILLAGES AND CITIES OTHER THAN CITIES OF THE FIRST
GRADE OF THE FIRST CLASS.
SEC. 2511. [Appointment of park commissioners.] When the coun-
cil of any city or village, other than the cities provided for in the first subdi-
vision of this chapter determines by resolution, to lay out and improve any
public grounds or park, it shall be the duty of the mayor to appoint, with the
1315
Tit. XII,Div.8,Ch.6. PARKS AND PUBLIC GROUNDS.
§ 2512.
consent of the council, three resident freehold electors of the corporation as
commissioners for that purpose, one of whom shall be appointed to serve for
one year, one for two years, and one for three years, and thereafter one commis-
sioner annually to serve for three years. [66 v. 215, § 397.]
Columbus board of public works have powers of park commissioners, see? (1545-174).
Springfield board of public affairs has these powers, see? (1545—247); for Springfield
park bonds, see 92 v. 459.
Board of public affairs in Portsmouth to exercise duties of park commissioners, see
? (1707ƒ—8).
Marietta" stone quarry lot” in the Ohio company's purchase, city appointed trustee
to take charge of, 91 v. 616.
Bucyrus and Galion, free joint park, see 90 L. L. 75.
Kenton, bond and tax for park, see 88 v. 50.
For rules governing access to parks containing prehistoric earth-works, see? (2732-2).
For "an act to provide for securing title to land for park purposes in cities of the second
grade, first class" (76 v. 161).
See ? 2 of "an act to authorize the city council of any city of the second grade of the
first class to issue bonds for the improvement of its public parks" (81 v. 42).
For "
an act to provide for the reversion and use of abondoned fair grounds in certain
cases," see ? (3705-1) et seq.; see, also, the amendment thereto (86 v. 252), ? (3705—3)
et seq.
SEC. 2512. [To serve without compensation.] Such commissioners
shall constitute a board to be called the "Park Commissioners," and they shall
serve without compensation; and in villages, whenever the council may deem
expedient so to declare by resolution, one or more of the commissioners may
be appointed from the members of the council. [66 v. 215, § 398.]
SEC. 2513. [Officers of public grounds and parks.] The commission-
ers may appoint a superintendent and all other necessary employes, and fix
their compensation, such compensation to be subject to the approval of the
council, and prescribe their duties, and, generally, they shall have the same
powers and perform the same duties, with respect to improving, laying out,
embellishing, and protecting public grounds and parks, so far as applicable, as
are vested in and required to be performed by the trustees of cemeteries, as
provided in chapter seven of this division. [67 v. 76, § 399.]
SEC. 2514. [Police jurisdiction over parks, etc.] When the park or
public grounds are situated without the limits of the city or village, the coun-
cil may by ordinance extend the police jurisdiction of the corporation owning
such park or grounds, over the same, in the same manner and to the same
extent as if situated within the limits of the corporation. [66 v. 215, § 400.]
SEC. 2515. [Power of commissioners in Cleveland to lease, etc., con-
tiguous territory.] The council of cities of the second grade of the first class
may lease, rent, or otherwise hold any lots or lands abutting upon, or contig-
uous or adjacent to any park or public grounds; and the park commissioners
of such city shall have the same power and authority with respect to the lands
so leased, rented, or held, as they may have over other parks or lands within
their control. [74 v. 9, §1.]
CLEVELAND.
For former act see ? (1545-38).
(2515-1) SEC. 1. [Board of park commissioners in Cleveland; how
constituted, etc.] In cities of the second grade of the first class there shall
be a board of park commissioners consisting of five members, who shall be
electors of the city for which they are appointed; two of whom shall be the
mayor and president of the city council for the time being, and three of whom
shall be appointed by the trustees of the sinking fund of such city, if there be
such trustees; and if there be none, then by the court of common pleas of
the county in which such city is situated. One member of said board shall
1316
§ (2515-2).
PARKS AND PUBLIC GROUNDS. Tit.XII,Div.8,Ch.6.
be appointed for the term of three years; one member for the term of four
years, and one member for the term of five years from the date of their
appointment; and at the expiration of each of said terms the appointment
of their successors shall be for the term of five years. All the members of said
board so appointed shall serve until their successors are appointed and quali-
fied, and all vacancies on said board shall be filled for the unexpired time only.
Members of said board of park commissioners, before entering upon their
duties, shall take and subscribe an oath of office to honestly and faithfully
perform their duties. Said three members so appointed shall serve without
compensation, and shall each give bond in the sum of twenty-five thou-
sand ($25,000.00) dollars, to the approval of the mayor for the faithful per-
formance of their duties. The office of any member of said board so ap-
pointed who shall not attend the regular meetings of said board, fixed by their
rules and regulations, for a period of three successive months, without reason
therefor satisfactory to the said board, shall be declared vacant by said board.
and the appointing power notified to fill such vacancy. [90 L. L. 100.]
(2515-2) SEC. 2. [Powers and duties.] Said board of commissioners
shall have exclusive charge, supervision and control of the parks, park
entrances and park driveways now belonging to such city, or in its control,
and of all such property as may hereafter be acquired for parks and for park
entrances and park driveways, connecting or leading to and from such parks.
Said board of park commissioners shall have power to acquire and hold prop-
erty in the name of the city by purchase or condemnation for public parks
and for park entrances and park driveways connecting and leading to or from
such parks; to receive gifts, donations and devises of lands or other property
for public parks, park entrances or park driveways on behalf of the city in
the name of the city; to lay out, construct and improve with walks, drives,
roads and bridges, shelter houses and other improvements, the public parks,
park entrances and park driveways held by it or under its control; to enter
into contracts for the construction and improvement of said parks, park
entrances and park driveways; to adopt rules and regulations regulating the
use of the same and the travel and traffic thereon and to prevent disorder and
improper conduct within the precinct of any park, park entrance or park drive-
way. All rules and regulations which the said board shall at any time pass,
shall, immediately after passage, and before taking effect be published at least
ten days in two daily newspapers of opposite politics and of general circula-
tion printed in city. Said board of park commissioners shall also have power
to agree with the owner or owners of any street railway occupying any part
of any park entrance or park driveway, or any public road or street
which may be placed under the charge of said board of park commissioners, as
provided in section eight [§(2515-8)] of this act, for the removal of any such
street railway therefrom, which, in the opinion of said board of park commission-
ners may interfere with the use of such park, park entrance or park driveway, road
may interfere with the use of such park, park entrance or park driveway, road
or street for park purposes; and upon the terms of such removal and the
amount of compensation agreed upon to be paid such owner or owners, shall
be paid out of the park funds hereinafter provided to be raised by special
assessment. Provided however, that no such agreement for removal shall be
made until there shall be filed with the board of park commissioners written
applications therefor signed by the persons owning a majority of the frontage
upon any street or part of street from which such street railway is to be
removed. [90 L. L. 100.]
(2515-3) SEC. 3. [Same.] Said board of park commissioners shall
also have power to receive in the name of the city, gifts, donations and devises
of lands or property for the establishment or maintenance within the limits
of any park or museum, zoological or botanical gardens, collections of natural
1317
Tit. XII,Div.8,Ch.6. PARKS AND PUBLIC GROUNDS
§ (2515-4).
history, observatories or works of art, upon such terms and conditions as may
be agreed upon by and between the grantors or donors thereof and the said
board of park commissioners, subject, however, to the approval of the city
council and mayor of such city. But all property so to be granted, conveyed,
demised or bequeathed, and the rents, issues and profits thereof, must be sub-
ject to the management and control of the said board of park commissioners,
and may be improved or added to in its discretion, and shall be protected,
preserved and arranged by the said board of park commissioners for public
use and enjoyment, under such rules and regulations as the said board shall
from time to time prescribe. Admission to said gardens and museums shall
be free to the public. Said board of park commissioners shall also have power
to agree, subject to the approval of the city council and mayor of such city,
for the management and maintenance of any of the said gardens or other in-
stitutions, with any society incorporated or to be incorporated under any law
of this state; but such gardens or other institutions shall remain subject to
the control of said board of park commissioners until the expiration of their
terms. [90 L. L. 100.]
(2515-4) SEC. 4. [Penalty for injuring trees, etc., or violating ordi-
nances, etc., of council.] It shall be unlawful for any person to cut, injure or
deface any tree, building, fence or other erection in the parks; to turn domestic
animals or poultry of any description upon the parks or to permit them to
wander therein; to carry fire-arms within or to frighten or hurt animals or
birds belonging to the parks; to hinder or interfere with men employed upon
the parks. All persons found violating the provisions of this section or any
of the rules, regulations or ordinances adopted by said board or the city
council shall be guilty of a misdemeanor and shall be punished on conviction.
before the police court of said city, upon complaint and proceedings as now
had and provided by law in cases of misdemeanors and violation of city ordi-
nances, by a fine not exceeding $50.00, and in default of payment be impris
oned not exceeding thirty days. And the jurisdiction of the police court of
said city is hereby expressly extended to include all parks, park entrances and
park driveways belonging to said city, and under the control of said board,
whether within or without the corporate limits of said city. Said board of
park commissioners and their officers and employes shall have power to make
arrests for misdemeanors committed within the precincts of any park, park
entrance or park driveway under their management and control, whether
within or without the limits of the city, or for the violation of any rules,
regulations or ordinances established by said board or city council for the
government of said parks. Said board of park commissioners shall have
power to seize and impound any cattle, horses, mules, donkeys, goats, swine,
sheep or other animals, or any poultry of any description found running at
large upon any of said parks, park driveways or park entrances to impose a
penalty not to exceed $5.00 with reasonable expenses, upon each animal or
the poultry so seized, and to enforce payment thereof in such manner as they
shall by the rules and regulations provide. [90 L. L. 100.]
(2515-5) SEC. 5. [Penalty for violating rules of park board.] Any
person violating any of the rules, regulations or ordinances of any such board
of park commissioners, or city council or violating any statutes of Ohio relat-
ing to parks or ordinances of any municipal corporation relating to parks, in
which any such board of park commissioners shall have been appointed, shall
be liable to a civil action for damages to be brought by said board of park
commissioners in the name of said city; and the amount recovered shall be
paid into the park expense fund of such corporation herein provided for. [90
L. L. 100.]
(2515-6) SEC. 6. [Employes.] Said board of park commissioners
may employ such superintendents, engineers, landscape gardeners, laborers and
1318
§ (2515—7).
PARKS AND PUBLIC GROUNDS. Tit. XII,Div.8,Ch.6.
other employes as it may deem necessary to perform and accomplish the pur-
poses of this act. They shall fix the salaries and compensations of such em-
ployes. Said board shall establish a park police force consisting of such num-
ber of persons as the board may deem necessary, except that the captain of
such park police force shall be appointed by the superintendent of parks, and
such captain of police shall be discharged or suspended only for good and
sufficient cause and upon the approval of such superintendent. The salary
Said
of such captain of police shall not exceed the sum of $1,800 per annum.
board shall have power to uniform such police force in the manner as they
may direct, and empower such force to preserve the peace and enforce such
rules and regulations and ordinances as the board or city council may enact,
and is hereby authorized to adopt for the government of said parks. [92 v.
587; 90 L. L. 100.]
(2515-7) SEC. 7. [Power to appropriate property.] Said board of
park commissioners shall have power to appropriate, enter upon and condemn
for public use, and hold and possess on behalf of and in the name of such city
any property for enlarging any park or parks now owned by such city, and for
establishing such public park or parks, park entrances and park driveways, as
in the opinion of such board of park commissioners it may be necessary from
time to time to establish, either within or without the limits of such city; and
when said board shall determine to appropriate property for such use, a resolu-
tion to that effect shall be passed by said board and entered upon its minutes,
declaring the intention to appropriate such property and the necessity therefor,
with a pertinent description of the property to be appropriated, which resolu-
tion shall be certified to the corporate counsel of such city, whose duty it shall
then be to apply in writing, in the name of such city, to the court of common
pleas of the county, or judge thereof, in vacation, or to the probate court of the
county, for the impaneling of a jury to assess the compensation to be allowed
the owners of the property appropriated in the manner provided in chapter 3,
division 7, title 12 of the Revised Statutes for appropriating private property
by municipal corporations; and all the proceedings hereunder, except as herein
authorized, shall be governed by the provisions of said chapter 3, division 7.
title 12; provided, that if such proceedings are commenced in the probate court
of the county, neither party shall have the right to appeal, but either party
may institute proceedings in error, as provided by law; and the amount of
compensation adjudged to any owner or owners, together with the costs and ex-
penses of such proceedings, shall be paid out of the park funds herein provided.
[90 L. L. 100.]
(2515-8) SEC. 8. [Powers.] Said board of park commissioners shall
also have power by a four-fifths () vote to take charge of, control and improve
any public road, street, alleyway or grounds of any kind, or any part thereof,
for the purpose of a park entrance or park driveway, with the consent of the
proper municipal authorities or of the other corporation, or public officers or
authorities owning or having charge thereof, upon payment of the damages, if
any, caused thereby to the owners of private property injured thereby, to be
ascertained in the manner now provided by law for ascertaining the damages
caused by the vacation of streets; and such damages, if any, shall be paid out
of park funds raised by special assessment as hereinafter provided. The appro-
priation of any street or road for the purpose of a park entrance or park drive-
way shall not relieve the owners of land abutting thereon from liability to pay
for sewerage, pavements, water or other street improvements, but such improve-
ments shall be made by or under the direction of said board of park commis-
sioners, and such board shall have the same power to assess the cost thereof, as
well as the cost of street improvements, in or upon any park driveway which
may be acquired by purchase or condemnation, or otherwise, upon the lots and
1319
Tit. XII,Div.8,Ch.6. PARKS AND PUBLIC GROUNDS.
§ (2515-9).
lands abutting upon the driveway so improved, which are now or may be here-
after possessed by the city council in the case of the other streets of said city.
The proceeds of such assessment shall be paid to the city treasurer to the credit
of said board of park commissioners, and subject to their order by warrants
drawn on the treasurer of said city. [90 L. L. 100.]
(2515-9) SEC. 9. [Same.] Said board of park commissioners shal
also have power to vacate or close up within the limits of any park or parks,
any and all public roads and highways, excepting railroads, which may pass
through, divide or separate any lands selected or appropriated by it for parks
upon payment of damages, if any, caused by such vacation to the owners of
private property injured thereby, to be ascertained in the manner now pro-
vided by law, and such damages, if any, shall be paid out of the park funds;
and no such road or highway, and no railroad, whether street or steam, shall be
laid out through any park or parks, except with the consent of said board of
park commissioners and city council; but the proper municipal authorities of
said city may grant the right to cross the park driveways with steam or street
railroads. [90 L. L. 100.]
(2515-10) SEC. 10. [Fund for payment.] To provide a fund to pay
the cost and expense of enlarging the present parks of such city, and for the
establishment of such park or parks, park entrances and park driveways, as in
the opinion of said board of park commissioners from time to time it may be
necessary to establish, and for the improvement of the present parks of such
city, and the improvement of such park or parks, park entrances and park
driveways, either within or without the limits of such city as may be estab-
lished and put under the control of said board, and for the improvement of the
present parks, and all parks, park entrances or park driveways, which said
board of park commissioners may from time to time establish, it shall be law-
ful for said board of park commissioners, by a four-fifths vote of said board and
they are hereby authorized to borrow a fund not exceeding the sum of $1,000,-
000, and to issue therefor bonds of such city in the name and under the cor-
porate seal of such city. Said bonds shall be made payable at such time not
less than thirty years from the date of their issue, and shall bear interest at
such rate, not to exceed four per cent. per annum, as said board of park com-
missioners shall determine; said bonds shall be signed by the president of the
board of park commissioners, and the mayor of such city, and be attested by
the city auditor of such city, and shall be secured by the pledge of the faith of
such city and tax, which it shall be the duty of said board of park commission-
ers or its successors, annually, to levy on the real and personal property returned
on the grand duplicate, sufficient to pay the interest of said bonds and certify
the same to the county auditor. Before the maturity of said bonds the city
council of said cities shall also levy a tax upon all of said real estate and per-
sonal property sufficient to pay the principal of said bonds and certify the same
to the county auditor. Said tax, to pay the interest on said bonds and the
principal thereof shall be in addition to the amount now authorized by law to
be levied for municipal purposes, and when so certified shall be placed upon
the grand duplicate of said city by said county auditor and collected according
to law. But said board of park commissioners may decline to pay the cost and
expense aforesaid or any part thereof from the issue of bonds aforesaid and
shall not pay the cost and expense or any part thereof of appropriating or pur-
chasing any street railway property or franchise from the issue of bonds afore-
said, in which event such cost and expense or any part thereof, not paid from
the issue of bonds, shall be assessed by said board of park commissioners on the
lots and lands abutting on such park, park entrances or park driveways, and
such adjacent and contiguous or other benefited lots and lands in the corpora-
tion, either in proportion to the benefits which may result from the improve-
1320
§ (2515-11).
PARKS AND PUBLIC GROUNDS. Tit. XII,Div.8,Ch.6.
ment, enlargement or establishment aforesaid, or according to the value of the
property assessed, or by the foot front of the property bounded or abutting
upon the park, park entrances or park driveways, as said board of park com-
missioners before the improvement, enlargement or establishment aforesaid,
may determine, in the manner and subject to the restrictions provided in sub-
division 1, chapter 4, division 7, title 12, of the Revised Statutes of Ohio as to
assessments in cities of the second grade of the first class, in the cases men-
tioned in section 2263 of said Revised Statutes, except that said board of park
commissioners shall have all the authority in reference to parks, park entrances
and park driveways therein conferred upon the city council in reference to the
improvements therein named. [90 L. L. 100.]
(2515-11) SEC. 11. [Bonds.] Said board of park commissioners shall
`receive bids for said bonds from time to time, as they may desire to dispose of
them or any part of them, after advertising them for sale once a week for four
consecutive weeks on the same day of the week in two newspapers of opposite
politics and general circulation in such city, and shall sell the same for not
less than par value to the highest bidder. The money arising from the sale of
said bonds shall be placed in the city treasury to the credit of said board of
park commissioners in a fund to be called the "park fund." Warrants drawn
upon the city treasurer for payment out of said funds shall be designated on
their face "for purchase of parks, park entrances and park driveways," or "for
improvement of parks, park entrances and park driveways," according as they
are drawn for the one purpose or the other, and a careful account of the con-
dition of said fund shall be kept by the city auditor of said city. No part of
the funds realized from the sale of said bonds shall be applied to any other
purpose than the acquisition of park lands, park entrances and park driveways
and the improvement of such parks, park entrances and park driveways as are
now or hereafter may be acquired. And no part of said funds shall be applied
to the expense of management of any such parks, park entrances and park
driveways, but the expense of management and control of all parks, park en-
trances and driveways now or hereafter established shall be paid from the
annual levy which may be authorized for park purposes or from other sources.
[90 L. L. 100.]
(2515-12) SEC. 12. [Levying of tax.] In addition to the powers al-
ready conferred upon said board of park commissioners to make an annual tax
levy to meet the interest for said bonds, said board of park commissioners shall
also annually certify to the city council the estimated amount needed for
defraying the expense of managing and controlling the parks, park entrances
and park driveways, and said council shall thereupon annually levy a tax not
exceeding one hundred thousand dollars ($100,000.00), and not exceeding the
amount of such estimate on all the taxable property in said city, for the pur-
pose of defraying such expense; and the same shall be certified to the county
auditor, and collected according to law, as other taxes. But such levy shall be
subject to the approval of the board of equalization and assessment, and the
proceeds of such levy shall be placed in the city treasury to the credit of said
board of park commissioners in a fund to be known as the "park expense
fund," and applied exclusively to the expense of managing, maintaining and
controlling the parks, park entrances and park driveways. Warrants drawn
on the city treasurer by said board of park commissioners for payment out
of said funds shall be designated on their face "park expense fund." [90 L.
L. 100.]
(2515-13) SEC. 13. [Revenues to be placed to credit of "park ex-
pense fund."] All revenues arising from the public property under the man-
agement and control of said board of park commissioners, together with all
fines, penalties and damages for the violation of any of the rules, regulations
1321
Tit.XII,Div.8,Ch.6. PARKS AND PUBLIC GROUNDS.
(2515-14).
and ordinances established by said board under the provision of this act, shall
be placed in the city treasury to the credit of said board in the fund known as
the "park expense fund." [90 L. L. 100.]
(2515-14) SEC. 14. [Limitations as to creating debts, etc.] None
of said board of park commissioners, nor any person in the employ of said
commissioners, shall have the power to create any debt, obligation, claim or
liability for or on account of said board, or the moneys or property under his
control, except with the express authority of said board, conferred at a meet-
ing thereof duly convened and held. [90 L. L. 100.]
(2515-15) SEC. 15. [Park property free of taxes.] The title of all
property now or hereafter acquired for park purposes, park entrances and park
driveways, with all improvement and equipments shall be held free from all
taxes and assessments by state, county or municipality, and subject only to a
lien to secure such park bonds as may be hereafter issued. [90 L. L. 100.]
(2515-16) SEC. 16. [Power of board not to be exercised by one
member.] No power possessed by said board of park commissioners shall be
delegated to or performed by any one member of said board, or any of the
committees of said board, but all power possessed by said board shall be exer-
cised by said board as a board. [90 L. L. 100.]
(2515-17) SEC. 17. [Procedure if contract exceeds $500.] Said
board shall not enter into any contract for work and material or supplies to
be furnished under this act, where the cost will exceed five hundred dollars
without first causing at least ten days' notice to be given in two newspapers
of opposite politics and general circulation in such city, that sealed proposals
will be received for doing the work, or furnishing the materials or supplies.
All bids shall be enclosed in a sealed envelope and deposited with the clerk of
said board; and such sealed envelopes shall have endorsed thereon the nature
of the same, and the name of the bidder; and all bids shall be opened at a
regular meeting of the board, and at an hour to be indicated in said notice.
Each bid shall be accompanied by a bond, signed by sufficient sureties, for the
acceptance of the contract, if awarded by the board; or the bidder may deposit
with the board, in lieu of such bond, a certified check or cash, in such sum as
the board shall indicate; and in case of refusal by the bidder to enter into a
contract according to his bid, within such reasonable time as the board may
determine, said bonds shall be put in suit, and the amount collected paid to
the park fund, or if check or cash is deposited the amount shall be immedi-
ately paid into such fund. Said board shall enter into contracts with the
lowest and best bidder, upon his giving bond to such city with such sureties
as the board shall approve, that he will perform the work and furnish ma-
terials in accordance with his contract, and that the sureties agree in advance
to such modifications and alterations as may be made by the board and the
contractor, and upon failure of such bidder, within a reasonable time to be fixed
by the board, to enter into bond with the sureties before provided, a contract
may be made with the next lowest bidder, and so on until à contract is effected
with a contractor giving bond as aforesaid; provided, that the board may let
the work in part or in whole, and may receive bids for labor and materials
separately as they may deem best, and may reject any and all bids. [90 L. L.
100.]
(2515-18) SEC. 18. [No member or employe shall be interested in
contract.] No member of the board or any employe shall be interested in any
contracts entered into or expenditures made by said board. [90 L. L. 100.]
(2515-19) SEC. 19. [Report.] Said board of park commissioners.
shall annually make a report of its proceedings, together with the total amount
of its expenditure to the legislative body of such city. [90 L. L. 100.]
Sec. 20 repeals all inconsistent acts.
1322
§ (2515—20).
PARKS AND PUBLIC GROUNDS. Tit. XII, Div.8,Ch.6.
(2515-20) SEC. 21. [When power to vest in director of public
works.] After the lapse of seven years from the passage of the original act,
during which time this act shall be in full force and effect, all the powers
heretofore conferred upon the board of park commissioners shall cease and the
same shall thereupon vest in the director of public works of said cities; pro-
vided that the person named by the director of public works as superintend-
ent of parks under section 38 of "An act to provide a more efficient govern-
ment for cities of the second grade of the first class," passed March 16, 1891 [see
§(1545-39)], shall remain in office and perform the duties thereof only during
the life of said board of commissioners. [92 v. 587.]
(2515-21) SEC. 1. [Bonds for park purposes in Cleveland.] To
provide a further fund to pay the cost and expense of enlarging the present
parks of any city of the second grade of the first class, and for the establish-
ment of such park or parks, park entrances and park driveways as in the
opinion of the board of park commissioners of such city from time to time it
may be necessary to establish, and for the improvement of the present parks
of such city, and the improvement of such park or parks, park entrances and
park driveways, either within or without the limits of such city, as may be
established and put under the control of said board, and for the improvement
of the present parks and all parks, park entrances or park driveways, which
said board of park commissioners may from time to time establish, it shall be
lawful for said board of park commissioners, by a four-fifths vote of said board,
and they are hereby authorized to borrow a fund not exceeding the sum of
$1,000,000 in addition to the fund mentioned and authorized in and by section
10 of an act to provide a board of park commissioners, and to provide for the
acquisition of grounds for parks, park entrances and park driveways, and for
the improvement, management, and control of parks, park entrances, and park
driveways in cities of the second grade of the first class, passed April 5th, 1893
[§(2515—10)], and to issue therefor bonds of such city in the name and under the
corporate seal of such city. Said bonds shall be made payable at such time not
less than 30 years from the date of their issue, and shall bear interest at such
rate, not to exceed four per cent. per annum, as said board of park commission-
ers shall determine; said bonds shall be signed by the president of the board of
park commissioners and the mayor of such city, and be attested by the city
auditor of such city, and shall be secured by the pledge of the faith of such
city and tax, which it shall be the duty of said board of park commissioners
or its successors, annually, to levy on the real and personal property returned
on the grand duplicate, sufficient to pay the interest of said bonds and certify
the same to the county auditor. Before the maturity of said bonds, the city
council of said cities shall also levy a tax upon all of said real estate and per-
sonal property sufficient to pay the principal of said bond, and certify the same
to the county auditor. Said tax to pay the interest on said bonds and the
principal thereof, shall be in addition to the amount now authorized by law
to be levied for municipal purposes, and when so certified shall be placed upon
the grand duplicate of said city by said county auditor and collected according
to law. But said board of park commissioners may decline to pay the cost
and expenses aforesaid, or any part thereof, from the issue of bonds aforesaid,
and shall not pay the cost and expense, or any part thereof, of appropriating
or purchasing any street railway property or franchise from the issue of bonds
aforesaid, in which event, such cost and expense or any part thereof not paid
from the issue of bonds shall be assessed by said board of park commissioners
on the lots and lands abutting on such park, park entrances or park drive-
ways, and such adjacent and contiguous or other benefited lots and lands in
the corporation, either in proportion to the benefits which may result from the
improvement, enlargement or establishment aforesaid, or according to the value
of the property assessed, or by the foot front of the property bounded or abut-
1323
Tit. XII,Div.8,Ch.6. PARKS AND PUBLIC GROUNDS.
§ (2515-22).
ting upon the park, park entrance or park driveways, as said board of park
commissioners, before the improvement, enlargement or establishment afore-
said, may determine, in the manner and subject to the restriction provided in
subdivision 1, chapter 4, division 7, title 12 of the Revised Statutes of Ohio as
to assessments in cities of the second grade of the first class, in the cases men-
tioned in section 2263 of said Revised Statutes, except that said board of park,
commissioners shall have all the authority in reference to parks, park entrances
and park driveways therein conferred upon the city council in reference to the
improvements therein named. [92 v. 639.]
(2515-22) SEC. 2. [Bids for bonds.] Said board of park commis-
sioners shall receive bids for said bonds, from time to time, as they may desire
to dispose of them, or any part of them, after advertising them for sale once
a week for four consecutive weeks, on the same day of the week, in two news-
papers of opposite politics and general circulation in such city, and shall sell
the same for not less than par value, to the highest bidder. The money aris-
ing from the sale of said bonds shall be placed in the city treasury to the
credit of said board of park commissioners, in a fund to be called the "park
fund." Warrants drawn upon the city treasurer for payment out of said fund
shall be designated on their face, "For purchase of parks, park entrances and
park driveways," or "For improvement of parks, park entrances and park
driveways," according as they are drawn for the one purpose or the other-
and a careful account of the condition of said fund shall be kept by the city
auditor of said city. No part of the funds realized from the sale of said bonds
shall be applied to any other purpose than the acquisition of park lands, park
entrances and park driveways, and the improvement of such parks, park en-
trances and park driveways as are now, or hereafter may be, acquired. And
no part of said funds shall be applied to the expense of management of any of
such parks, park entrances and park driveways, but the expense of manage-
ment and control of all parks, park entrances and driveways, now or hereafter
established, shall be paid from the annual levy which may be authorized for
park purposes or from other sources. [92 v. 639.]
Cleveland-act empowering purchase of land for park, 76 v. 161.
Cleveland-bonds for improvement of parks, 81 v. 42.
(2515–22a) SEC. 1. [Bonds for park purposes in Cleveland.] To
provide a further fund to pay the cost and expense of enlarging the parks of
any city of the second grade of the first class, and for the establishment of
such park or parks, park entrances and park driveways as in the opinion of
the board of park commissioners of such city from time to time it may be neces-
sary to establish, and for the improvement of the parks of such city, and the
improvement of such park, or parks, park entrances of park driveways, which
said board of park commissioners [of] such city, as may be established and pu
under the control of said board, and for the improvement of any parks now
existing and all parks, park entrances or park driveways, which said board of
park commissioners may from time to time establish, it shall be lawful for said
board of park commissioners, by a four-fifths vote of said board, and they are
hereby authorized, after the passage of a resolution or ordinance by the city
council of any such city recommending the same to borrow a fund not exceed-
ing the sum of $1,000,000 in addition to the fund mentioned and authorized
in and by section 10 of an act to provide a board of park commissioners, and
to provide for the acquisition of grounds for parks, park entrances and park
driveways, and for the improvement, management, and control of parks, park
entrances, and park driveways in cities of the second grade of the first class,
passed April 5, 1893, and also in addition to the fund mentioned and author-
ized in section one of an act passed April 27, 1896, which was supplementary
to the aforesaid act of April 5, 1893, and to issue therefor bonds of such city
----
1324
§ (2515-226).
PARKS AND PUBLIC GROUNDS. Tit.XII,Div.8,Ch.6.
in the name and under the corporate seal of such city. Said bonds shall be
made payable at such time not less than 30 years from the date of their issue,
and shall bear interest at such rate, not to exceed four per cent. per annum, as
said board of park commissioners shall determine; said bonds shall be signed
by the president of the board of park commissioners and the mayor of such
city, and be attested by the city auditor of such city, and shall be secured by
the pledge of the faith of such city and tax, which it shall be the duty of said
board of park commissioners or its successors to levy annually on the real and
personal property returned on the grand duplicate, sufficient to pay the inter-
est of said bonds, and certify the same to the county auditor. Before the ma-
turity of said bonds the city council of said cities shall also levy a tax upon
all of said real estate and personal property sufficient to pay the principal of
said bonds, and certify the same to the county auditor. Said tax to pay the
interest on said bonds and the principal thereof, shall be in addition to the
amount now authorized by law to be levied for municipal purposes, and when
so certified shall be placed upon the grand duplicate of said city by said county
auditor and collected according to law. But said board of park commissioners
may decline to pay the cost and expenses aforesaid, or any part thereof, from
the issue of bonds aforesaid, and shall not pay the cost and expense, or any
part thereof, of appropriating or purchasing any street-railway property or
franchise from the issue of bonds aforesaid, in which event, such cost and ex-
pense or any part thereof not paid from the issue of bonds shall be assessed
by said board of park commisssoners on the lots and lands abutting on such
park, park entrances or park driveways, and such adjacent and contiguous or
other benefited lots and lands in the corporation, either in proportion to the
benefits which may result from the improvement, enlargement or establishment
aforesaid, or according to the value of the property assessed, or by the foot front
of the property bounding or abutting upon the park, park entrance or park
driveways, as said board of park commissioners, before the improvement, en-
largement or establishment aforesaid, may deetrmine, in the manner and sub-
ject to the restriction provided in subdivision 1, chapter 4, division 7, title 12,
of the Revised Statutes of Ohio, as to assessments in cities of the second grade
of the first class, in the cases mentioned in section 2263 of said Revised Stat-
utes, except that said board of park commissioners shall have all the authority
in reference to parks, park entrances and park driveways therein conferred
upon the city council in reference to the improvements therein named. [93
v. 695.]
(2515-22b) SEC. 2. [Bids for bonds.] Said board of park commis-
sioners shall after the passage of an ordinance by the city council of any such
city authorizing the sale of bonds herein mentioned receive bids for said bonds,
from time to time, as they may desire to dispose of them, or any part of them,
after advertising them for sale once a week for four consecutive weeks, on the
same day of the week, in two newspapers of opposite politics and general cir-
culation in such city, and shall sell the same for not less than par value, to the
highest bidder. The money arising from the sale of said bonds shall be placed
in the city treasury to the credit of said board of park commissioners, in a fund
to be called the "park fund." Warrants drawn upon the city treasurer for pay-
ment out of said fund shall be designated on their face, "For purchase of
parks, park entrances and park driveways," or "For improvement of parks,
park entrances and park driveways," according as they are drawn for (the one
purpose or the other) and a careful account of the condition of said fund shall
be kept by the city auditor of said city. No part of the funds realized from
the sale of said bonds shall be applied to any other purpose than the acquisi-
tion of park lands, park entrances and park driveways, and the improvement
of such parks, park entrances and park driveways as are now, or hereafter
may be acquired; and no part of said funds shall be applied to the expense
1325
Tit. XII,Div.8,Ch.6. PARKS AND PUBLIC GROUNDS.
§ (2515-23).
of management of any of such parks, park entrances and park driveways, but
the expense of management and control of all parks, park entrances and drive-
ways, now or hereafter established, shall be paid from the annual levy which
may be authorized for park purposes or from other sources. [93 v. 696.]
TOLEDO.
(2515-23) SEC. 1. [Toledo board of park commissioners.] In
cities of the third grade of the first class there shall be a board of park com-
missioners, consisting of five members, one of whom shall be the mayor of the
city, who shall, ex-officio, be a member of said board; and four members thereof
who shall be appointed by the mayor of the city; one member to serve for
the term of one year, one for the term of two years, one for the term of three
years, and one for the term of four years; and the successors of the four mem-
bers thus appointed to be appointed from year to year for the full term of four
years, except that in case of vacancy arising from any cause before the expira-
tion of the term of any appointed member, such vacancy shall be filled by
appointment for the unexpired part of such term; provided, that the said
board shall serve without compensation. [90 L. L. 319; 83 v. 175.]
(2515-24) SEC. 2. [Their oath and bond.] Each member of such
board shall, before entering upon the discharge of the duties of said office, take
and subscribe an oath before some officer authorized by law to administer oaths,
that he will honestly and faithfully discharge the duties of said office; and
each member of said board shall give a bond with at least two sureties, in the
sum of twenty thousand dollars, to be approved by the city auditor and city
solicitor of said city, conditioned for the faithful performance of his duties as
a member of such board. [90 L. L. 320; 83 v. 175.]
(2515-25) SEC. 3. [Conduct of business.] Said board shall hold
meetings as often as once a month, and adopt all necessary rules for the regu-
lation of its business; it may elect a secretary or clerk, and make allowances
for his compensation, which shall not exceed five hundred dollars per annum;
it shall keep a complete record of all its proceedings, which record or a copy
thereof duly certified by the secretary or clerk, shall be competent evidence of
the transactions of said board in all the courts of this State; the ayes and
nays shall be called upon the passage of every resolution or order, and entered
upon the journals; three members of the board shall constitute a quorum for
the transaction of all business, but no resolution or order shall be adopted
unless three members shall vote in its favor, and said board shall be governed
by the provisions of section 2510 of the Revised Statutes of the State of Ohio.
[90 L. L. 320; 83 v. 175.]
(2515–26) SEC. 4. [Powers of board; park fund.] Such board shall
have control of all parks and public grounds belonging to such cities, or which
may be acquired for such purpose, and of all streams within and flowing
through any park controlled by such board, and of the improvement of the same;
and of all moneys derived from levies made for park purposes, and all moneys.
from the general fund appropriated by the council for such purposes, and the
proceeds of all bonds issued or sold for park purposes, which moneys shall be
placed in a special fund called the "park fund," and shall be disbursed by the
treasurer of such city upon warrant by the auditor, which shall be drawn in
accordance with the order of the board. [90 L. L. 320; 83 v. 175.]
(2515-27) SEC. 5. [System of public parks; rules.] The said board
shall have power by resolution, to adopt a plan or system of public parks for such
city, designating by accurate description the lands necessary or required therefor,
together with such public avenues, boulevards, driveways or highways connect-
ing or leading to or from the same as a part of said plan or system, together
with as accurate an estimate of the cost thereof, as may be, and the issue of
1326
§ (2515-28).
PARKS AND PUBLIC GROUNDS. Tit.XII,Div.8,Ch.6.
bonds required to meet the same, the rate of interest and the time of payment.
Said board shall make or cause to be made accurate plats showing said plan
or system of parks, and keep the same on file at its office for public inspection,
which said plan or system may, from time to time be changed or amended, as
may be deemed necessary or advisable. Said board shall adopt rules for the
care, protection and government of the said parks, grounds, streams and prem-
ises under its charge, and such rules, when approved by the common council,
shall have the same effect and may be enforced by the same penalties as ordi-
nances of the city. [90 L. L. 320; 83 v. 175.]
(2515-28) SEC. 6. [Purchase of lands; appropriation of land.]
After such plan or system has been adopted as provided in the last section pre-
ceding, the board shall proceed by purchase, whenever the same can be done
on terms satisfactory to the board, to acquire the title to the lands aforesaid,
in the name of the city, and whenever the board can not obtain the title to
such lands by purchase as aforesaid, the said board shall report to the common
council of said city, a description of the lands purchased by said board, if any,
and also an accurate description of the the land required or necessary to the plan
or system aforesaid, which it has been unable to require by purchase, and the
said council may, by resolution, declare that it is the intent and purpose of the
city to appropriate the said lands for the purposes aforesaid, as provided in
section 2235 of the Revised Statutes; whereupon it shall be the duty of the
city solicitor to institute proceedings in the name of the city to acquire the
said land, which proceedings shall be conducted and governed by and in
accordance with the provisions of Title 12, Div. 7, Chapter 3, of the Revised
Statutes of the State of Ohio. [90 L. L. 321; 83 v. 175.]
(2515-29) SEC. 7. [Issue of park bonds.] For the purpose of pro-
viding means for paying for the lands aforesaid, and the improvement thereof
in carrying out the plan or system aforesaid, the bonds of the city shall be
issued, payable at such time as shall have been determined as herein before pro-
vided, not exceeding fifty years, with interest not exceeding four per cent. per
annum, payable semi-annually, which bonds shall be signed by the president
of said board, the mayor and the clerk of said city, and shall be sold at not less
than par, in the manner provided by law, except that the said board in the
purchase of the lands which may have been designated as aforesaid, may con-
tract or pay for the same at the agreed price in so much of said bonds at par as
equals the purchase price, or any part thereof, if the owners are willing to
accept the same as such payment in whole or in part, for such lands; but the
aggregate amount of bonds to be issued and indebtedness incurred under this
act, and for the purpose of acquiring the property and making the improve-
ments herein contemplated, shall not exceed the sum of five hundred thousand
dollars, of which at least one hundred thousand dollars shall be used for said
improvements; and all bonds heretofore or hereafter issued by any such city
for park purposes, which conform to the requirements and restrictions herein
set forth, shall be valid and binding obligations of the city issuing the same to
an amount not exceeding in the total the said sum of five hundred thousand
dollars and the interest thereon. [90 L. L. 321; 83 v. 321.]
(2515-30) SEC. 7a. [Additional bonds.] That authority is hereby
granted to such city of the third grade, first class, to issue and sell an additional
one hundred thousand dollars in amount of said bonds, or any part thereof—
that is, the intention hereof is to so provide, and to grant to such city such au-
thority, that the authority and result will be the same as though said section
7 [$(2515-29)] had named as the maximum amount of bonds to be issued one
hundred thousand dollars more than was, and is, named therein. [91 v. 782.]
(2515-31) SEC. 8. [Tax.] For the purpose of paying the interest and
principal of the bonds aforesaid, as the same shall become due, whether heretofore
or hereafter issued, the common council of said city shall levy annually upon all
1327
Tit. XII,Div.8,Ch.6. PARKS AND PUBLIC GROUNDS.
§ (2515-32).
the taxable property, real and personal, in said city, a sum sufficient to pay the
same in addition to all other taxes authorized by law. [90 L. L. 321; 83 v. 175.]
(2515-32) SEC. 9. [Superintendents; salaries, etc.] The board may
appoint or employ such superintendents and such employes as it may deem
necessary for the execution of its duties, and fix their salaries or compensa-
tion; and any of such persons may be removed by the board at any time.
[90 L. L. 321; 83 v. 175.]
(2515–33) SEC. 10. [Board already existing shall have same powers.]
Where any such city at the time of the passage of this act has a board of park
commissioners the same shall have all the authority herein conferred upon
boards of park commissioners for such cities, and the mayor thereof shall
make no appointment under the provision hereof except as vacancies occur in
such board by reason of the expiration of the term, resignation, death, or re-
moval of the members of such board. [90 L. L. 321; 83 v. 175.]
SEC. 2515-33a. [Lease of city park or grounds in Toledo to cen-
tennial exposition company.] The common council of any city of the third
grade of the first class shall have authority, for the term and upon the condi-
tions hereinafter contained, to lease and deliver possession of any park or
grounds belonging to such city, or as much thereof as said common council
may deem necessary or proper, to any corporation duly incorporated under the
laws of the state of Ohio for the purpose only of conducting and holding
thereon a public exposition designed for the education, edification and enter-
tainment of the public, and more especially for the purpose of commemorat-
ing the important historic deeds performed in the settlement of the state of
Ohio, and showing the great progress made by this state along financial, in-
dustrial, commercial and educational lines since the admission of said state
into the union. Any lease or leases, however, shall not be for a term extend-
ing beyond December 31, 1903. Said common council shall not lease more
than one park or tract of ground for said purpose in said city, and not more
than nine hundred and fifty acres thereof. Said lease shall contain such pro-
visions as to rental, terms, conditions, and as to the improvement and beautify-
ing of said park or tract of land as the common council may deem best. Said
lease shall provide as to the condition in which said park or tract of land shall
be left at the expiration of said term, and shall further provide that any and
all improvements of every name, nature and description made or placed upon
said park or tract of land by the lessee or any subtenant thereof, and remain-
ing upon the said grounds for six months after the expiration of said term,
shall thereby at once become and be the property of the said city, and said
lessee, or any subtenant thereof, shall in no way, manner or form have any
estate, interest or title in or to said park or tract of land six months after the
term of said lease. Said lease, after having been approved by the common
council, shall be executed in the name of said city by the mayor and clerk
thereof. [93 v. 397.]
Providing for centennial commissioners, see 93 v. 369.
SEC. 2515-33b. [Bond issue for improvement of park and grounds.
Whenever the authorities of any city of the third grade of the first class shall
lease any park or grounds belonging to such city, as provided in supplemental
section 2515-33a, the common council of any such city shall have and is
hereby given authority to issue bonds not exceeding in amount the sum of one
hundred and fifty thousand dollars, which may be sold, or so much thereof as
may be deemed necessary, the proceeds of which shall be devoted to no other
purpose than to the improvement of such park or grounds so leased, including
the erection and construction thereon of any building or buildings, or other
structure. Said bonds may be made payable at such time or times as the com-
mon council may direct, but not exceeding a term of fifty years, and bear such
1328
§ (2515-33c).
PARKS AND PUBLIC GROUNDS. Tit. XII,Div.8,Ch.6.
rate of interest as the common council may determine, not exceeding four per
cent., payable annually or semi-annually.
[Commission to have charge of expenditure of proceeds of bonds; how
appointed.] Whenever a petition signed by at least fifty citizens of any such
city shall be filed with the city clerk asking that a commission be appointed,
a commission consisting of nine members shall be appointed as follows, viz.:
One member shall be elected by the board of park commissioners of such city;
three members shall be elected by the common council of such city, and three
members thereof shall upon motion of the city solicitor of any such city, be
appointed by the judges of the court of common pleas resident of the county
in which any such city is located, and upon like motion of said city solicitor
two members thereof shall be appointed by the probate judge of such county,
the members of which commission shall all be citizens of such city, and who
shall have charge of the expenditure of the proceeds of such bonds.
[Bond.] Said commissioners shall each be required to give bond in the
sum of ten thousand dollars for the faithful performance of their duties, con-
ditioned according to law.
[Organization; secretary; compensation.] Said commission shall meet
immediately after their appointment and shall elect one of their members as
president, and shall also elect a secretary who shall not be a member of such
commission, and whose compensation shall be fixed by said commission.
[Powers and duties of commission.] Said commission shall have full au-
thority to employ such other and additional clerical or other assistance as they
may deem necessary. Said commission shall have full authority to take pos-
session of said park and grounds and to plan and superintend the construction
and erection of any and all buildings or other structures upon said park or
grounds, and the making of all improvements thereon, and to fully perform on
behalf of said city each and all of the obligations imposed upon said city, in
accordance with the terms and provisions of the lease executed by such city.
[Disposition of receipts of sale of bonds and for rents.] The fund re-
alized from the sale of said bonds, or any part thereof, and also any and all
moneys received from the rent of said park or grounds, or otherwise by said
commission, shall be deposited in the city treasury of any such city and shall
be drawn and disbursed by said commission in the same manner as the park
fund is drawn and disbursed by the park board of any such city.
[Compensation of commissioners.] Said commissioners shall each receive
the sum of twenty-five dollars per month from said fund in full compensation
for their services; said salary to continue only until such time as such improve-
ment and construction shall have been completed.
[Term.] The term of office of said commissioners shall be two years from
the date of their appointment, and in the event that such work is not com
pleted the successors to said commissioners may be reappointed for a like
term in the same manner as herein before provided.
[Vacancy.] In the event of a vacancy for any cause in said commission
such vacancy shall be filled by the same appointing power as made the original
appointment. [93 v. 398.]
SEC. 2515-33c. [Levy to pay interest and principal of bonds; de-
nomination of bonds.] For the purpose of paying the interest and principal
of the bonds specified in section 2515—33b as the same shall become due, the
common councll of said city shall levy annually upon all of the taxable prop-
erty, real and personal, in said city a sum sufficient to pay the same, in addi-
tion to all other taxes authorized by law. Said bonds shall be signed by the
mayor and auditor of such city and may be in denominations of $500 or $1,000,
as the council may order. [93 v. 681.]
1329
Tit. XII,Div.8,Ch.6. PARKS AND PUBLIC GROUNDS.
VILLAGES.
§ (2515—34).
(2515–34) [Authority to convert cemetery grounds into parks
removal of bodies.] Any incorporated village not having a population of
over three thousand, having within its corporate limits a cemetery belonging
to any church or religious society, and the trustees or other proper authorities
of such church or religious society, and their grantors, or the heirs of such
grantors, shall unite in conveying the full title of the land on which such ceme-
tery is situate to such village may, by resolution of its council, accept such
conveyance and convert said land into a public park for such village; and it
shall thereupon be the right and duty of said village to remove the bodies
buried in said cemetery, and to take charge of said land and improve and
manage the same as a public park, under and in pursuance of the act entitled
an act to provide for the organization and government of municipal cor-
porations, passed May 7, 1869, and the acts amendatory thereof and supple-
mentary thereto, with all the powers of taxation and other powers in that
behalf conferred by said acts: provided, however, that after the title of said.
land shall be so vested in said village, and before the removal of any of said
bodies by said village, sixty days shall be allowed to the friends of those whose
bodies are buried in the said cemetery to remove the same, and after the
expiration of the said sixty days, said village shall cause all bodies still remaining
in said cemetery to be carefully removed and buried, each in a separate grave,
in some public cemetery, and place over the grave of each the monument that
marked the original grave of such body. [70 v. 163.]
(2515-35) [Clifton and other villages in Hamilton county empow-
ered to purchase land for public park; procedure.] Whenever it is de-
clared necessary by the council of any village which contained at the last
federal census or which shall hereafter contain a population of not less than
eighteen hundred and not more than eighteen hundred and thirty-nine, or
any village which is or may be contiguous to any city which is now or may
be a city of the first grade of the first class, to purchase ground to be used as a
public park, every such village is hereby authorized and empowered to pur-
chase such land either within, or partly within and partly adjacent to the cor-
porate limits of said village; and in such cases the procedure for the purchase
of such land shall be as follows:
1st. The council of such village may, by a vote of a majority of all the
members elected thereto,pass an ordinance describing the ground which in its
judgment is suitable and desirable for use as a public park, and declaring its
intention to purchase said land for park purposes at a price therein specified,
but not exceeding the amount of the bonds hereinafter authorized to be issued;
and to issue bonds in the name of such village to provide the means for pay-
ing for the lands aforesaid; and said ordinance shall provide for submitting
the question of purchasing the said land for park purposes, with the amount
to be paid for the same and the issue of bonds necessary for such purpose, to
a vote of the qualified electors of such village at a special election to be held
for that purpose, of which not less than twenty (20) days' notice shall be given
by proclamation of the mayor, by publication in at least two (2) newspapers
of general circulation in said village. At said election all voters desiring to
vote in favor of purchasing said land and issuing bonds therefor, shall have
written or printed on their ballots the words "Purchase of land and issue of
bonds for park purposes-Yes;" and all voters desiring to vote against said
purchase of land and issuing of bonds shall have written or printed on their
said ballots the words "Purchase of land and issue of bonds for park pur-
poses-No." And returns of said election shall be made to the clerk of said
village, and by him laid before the village council, who shall declare the result
by resolution. And no purchase of land shall be made for park purposes, and
85
1330
§ (2515-36).
PARKS AND PUBLIC GROUNDS. Tit.XII,Div.8,Ch.6.
no bonds issued under the authority of this act, unless the majority of the
votes cast at said election shall be in favor of such purchase of land and of
such issuing of bonds.
2d. In case such election shall result in favor of the purchase of said
land and the issue of bonds therefor, it shall be lawful for the council of said
village, and it is hereby authorized, to proceed by purchase to acquire the title
to the land aforesaid in the name of such village; and for the purpose of pro-
viding means for paying for the land aforesaid, and the improvement thereof,
the council of such village may issue bonds in the name of the village and
under its corporate seal; said bonds shall be signed by the mayor and attested
by the clerk of said village, who shall keep a register of the same; and they
shall be secured by a mortgage upon the land purchased as herein provided,
and by the pledge of the faith and credit of such village; provided, that the
total amount of said bonds shall at no time exceed the sum of two hundred
thousand dollars ($200,000); that said bonds shall be made payable in thirty
(30) years after the date of their issue, and bear interest at a rate not exceeding
four (4) per centum per annum; and a tax shall be levied by the council of
such village annually upon the taxable property of the village, and certified
to the county auditor, in an amount sufficient to pay the interest thereon;
said tax shall be in addition to the amount now and otherwise authorized to
be levied in such village for municipal purposes; and said bonds shall be sold
in the manner provided by law, at not less than their par value; and the
proceeds therefrom applied and used only for the purposes mentioned in this
act. [90 v. 337.]
(2515–36) [Park employes; plans for park, location of same, etc.]
Such council shall have power to appoint a landscape architect and engineer, a
superintendent and other necessary employes, and to fix their compensation.
Such council shall also have the power to adopt plans for and locate such
park, and the necessary appurtenances thereto, including the avenues or park-
ways necessary to connect such park with existing streets or roads. [90 v.
337.]
SPRINGFIELD.
Springfield may issue park bonds, 93 v. 624.
(2515-37) SEC. 1. [Board of park commissioners; qualifications.]
In cities of the second class, third grade a, there shall be a board of park com-
missioners, consisting of five (5) members, at least four (4) of whom shall be
electors of the city for which they are appointed, and one of whom may be
an elector of the township in which such city is situated, although not an
elector of such city. [93 v. 463.]
(2515-38) SEC. 2. [Appointment; terms; vacancy.] The mem-
bers of such board of park commissioners shall be appointed by the board of
tax commissioners of such city, within thirty (30) days after the passage of
this act, respectively, for terms of one, two, three, four and five years, and
thereafter one member shall annually be so appointed for the term of five
years, and in case of a vacancy arising from any cause, such vacancy shall be
filled by appointment for the unexpired part of such term. [93 v. 463.]
(2515-39) SEC. 3. [Compensation; oath; bond.] The members of
said board of park commissioners shall serve without compensation, and be-
fore entering upon the discharge of their duties shall each take the oath of
office prescribed by law, and shall give bond in the sum of twenty-five hun-
dred ($2,500) dollars, conditioned according to law, and to the approval of the
mayor and council of such city. [93 v. 463.]
(2515-40) SEC. 4. [Meetings; rules and regulations; record;
passage of resolution or order; quorum; clerk.] Such board of park com-
1331
Tit. XII,Div.8,Ch.6. PARKS AND PUBLIC GROUNDS.
§ (2515-41).
missioners shall hold meetings at least once a month, and shall adopt all nec-
essary rules for the regulation of its business; it shall keep a complete record
of all its proceedings, which record, or a copy thereof, duly certified by the
clerk of said board, shall be competent evidence of the transactions of said
board in all the courts of this state; the ayes and nays shall be called upon
the passage of every resolution or order; three members of the board shall
constitute a quorum for the transaction of all business, but no resolution or -
order shall be adopted unless three members shall vote in its favor. The city
clerk shall act as the clerk of such board of park commissioners, and shall re-
ceive no additional salary or compensation for such service. [93 v. 463.]
(2515-41) SEC. 5. [Board's control.] Such board of park commis-
sioners shall have the entire management and control of all parks now be-
longing to any such city, or which may hereafter be acquired and of all the
streams within and flowing through any park controlled by such board. Such
board of park commissioners shall also have the entire management and con-
trol of all improvements of every nature within the park or parks of any such
city; and of all moneys derived from levies made for park purposes, and of
all moneys from the general fund appropriated by the council for such pur-
poses, and of the proceeds of all bonds issued or sold for park purposes, and
of all moneys or other property donated to any such city for park purposes;
all of which moneys shall be placed in a special fund called the "park fund,'
and shall be disbursed by the treasurer of any such city, only upon a warrant
of the city clerk, drawn in accordance with the order of such board of park
commissioners. [93 v. 463.]
(2515-42) SEC. 6. [Board's powers.] Such board of park commis-
sioners shall have power to make contracts for the improvements of the grounds,
the erection of the necessary bridges and structures therein, and to adopt rules
for the protection, care and government of the parks under its charge, and
such rules, when approved by the council of any such city, shall have the
same effect and may be enforced by the same penalties as ordinances of the
city. [93 v. 464.]
(2515-43) SEC. 7. [Power to incur liability.] Such board of park
commissioners shall have no power to incur any liability for park purposes
beyond the amount of the funds levied therefor or appropriated to their order
by the eouncil for such purposes. [93 v. 464.]
(2515-44) SEC. 8. [Employment of superintendents, etc.] Such
board of park commissioners may employ such superintendents, landscape
gardeners and other employes as it may deem necessary for the execution of
its duties, and fix their salaries or compensation; and any such persons may
be removed by such board at any time. [93 v. 464.]
(2515-45) SEC. 9. [Report to council; detailed estimates.] Such
board of park commissioners shall annually, on the first Monday in April,
make a report to the council of their proceedings in respect to parks, with a
detailed statement of their receipts and expenditures during the year; and
they shall also at the same time submit to the council a detailed estimate of
the amount of money necessary to maintain and improve such park or parks
for the ensuing year. [93 v. 464.]
DAYTON.
(2515-46) SEC. 1. [Park fund.] The city council of any city of the
second grade of the second class shall, in the annual tax levy for such city,
levy a tax upon the general tax duplicate thereof, of two-tenths of one mill,
in addition to all other taxes now or hereafter authorized by law, to create a
fund for the purchase or acquisition of lands for parks for such city, and for
•
1332
§ (2515—47).
PARKS AND PUBLIC GROUNDS. Tit.XII, Div.8,Ch.6.
the improvement of same, and the maintenance of the parks thereafter, and to
create a sinking fund for the redemption of any bonds issued hereunder.
After lands have been purchased or acquired for said purpose, and any bonds
that may have been issued hereunder have been paid, only such amount shall
be levied under this act, as is sufficient to pay the cost of said improvement
and maintenance. [93 v. 558.]
(2515-47) SEC. 2. [Fund to be used for; may invest in bonds until
when.] That the money arising from taxes to be levied, or bonds issued here-
under, shall be placed in the treasury of such city, in a fund to be known as
the park fund, and shall be used only for the purposes aforesaid; provided,
however, that until the purchase or acquisition of lands as aforesaid, any
money in said fund and thereafter the sinking fund herein provided for, may
be invested in the bonds of said city in the same manner and by the same
officers as is provided by law for the investment of money in the sinking fund
of said city in its bonds. Any bonds so purchased shall be sold in the man-
ner provided by law for the sale of other bonds of such city, whenever the
money is needed to carry out the purposes of this act. [93 v. 558.]
(2515-48) SEC. 3. [Appropriation by council of lands for park
purposes; city solicitor to institute proceedings.] That such city council
may at any time provide, by ordinance, for the appropriation of lands for park
purpose, either within or without, but not more than two miles distant from
such city, and it shall not be necessary in any event either to give notice by
publication or to submit the proposition to so appropriate lands to a vote of
the electors of such city. Upon the passage and taking effect of the ordinance
above mentioned, the city solicitor of such city shall institute and conduct to
a close, the same proceedings as are provided by law to be had in other cases
of appropriation of private property by cities and villages, and the provisions
of law in regard to the appropriation of private property by cities and villages,
shall in all respects apply to and govern any appropriation of lands had here-
under. [93 v. 558.]
(2515-49) SEC. 4. [Park fund to be applied to pay costs and pro-
ceedings; value of land taken.] That the money in the park fund at the
time of such appropriation shall be applied to pay the costs of the proceed-
ing, and to pay the value of the lands as therein found and determined, but
such city may decline to take such lands, in which event it shall pay only
the costs. [93 v. 559.]
(2515-50) SEC. 5. [§ 2702 not applicable to this act.] That the
provisions of section 2702 of the Revised Statutes shall not apply in the event
of the appropriation of lands hereunder, and of the improvement of same.
[93 v. 559.]
(2515-51) SEC. 6. [In case fund insufficient, city may issue bonds.]
That if, upon the appropriation of lands hereunder, there is not sufficient
money in the park fund to pay the value thereof, as found and determined,
the city council of such city may, by ordinance, provide for the issue of bonds,
in an amount, which added to the money in the park fund, will be sufficient
to pay the value aforesaid of such lands and the cost of the proceeding. [93
v. 559.]
(2515-52) SEC. 7. ["Park bonds;" denomination, etc.] That such
bonds shall be entitled "park bonds;" shall be of the denominations to be
fixed by such council; shall bear interest at a rate not exceeding five per cent.
per annum, payable semi-annually; shall run for a period not exceeding
twenty years; shall be executed on behalf of such city by the mayor and city
clerk thereof, and shall be sold in the same manner as is provided by law for
the sale of other bonds of such city. [93 v. 559.]
1333
Tit. XII, Div. 8, Ch. 7.
CEMETERIES.
§§ 2516-2517.
SECTION
CHAPTER 7.
CEMETERIES.
SECTION
2516. Council to provide cemeteries.
2517. Title to be vested in corporation.
2518. Board of trustees to be elected.
2518a. Board of public affairs in Portsmouth; to act
as cemetery trustees.
2519. Their term of office.
2520.
Vacancies, how filled.
2521. Duties of trustees.
2522. Their powers, etc.
2523. May institute suits, etc.
2524. To make by-laws, etc.
2525. Shall fix price of lots and terms of payment.
2526. Charge for cemetery lots limited.
2527. Sale of lots, laying off and embellishing of grounds;
donations; appointment of managing trustee;
notice of appointment.
2528. Clerk, and quarterly report.
2529. Annual report to council.
2530. Statement as to funds, etc.
2531. Enlargement of grounds.
2532. Union of cities, etc., and townships for ceme-
tery purposes.
2533. Election of trustees in case of union.
2533a. Organization of board of trustees.
2534. How appropriation shall be made.
2535. Titles, how vested.
2536. Expenses, etc., to be pro rata.
2537. Control and management.
2538. Power to enforce ordinance, etc.
2539.
Discrimination forbidden.
2540. Joint meeting of council and trustees.
2541. Joint meeting to make rules, etc.
2542. Vote, and record thereof.
2543. Adjoining township may be admitted to par
2544.
2545.
ticipation, etc.; any municipal corporation
or township may withdraw.
Public burial ground, etc., may be appro-
priated.
Purchase of lands, improvements, etc.
2546. Rights and titles inviolate.
2547. Clerk shall record plat of ground, etc.
2548. Powers of councils as to cemeteries.
2549. Power to sell portions of cemetery.
2550. Burials may be prohibited within corporate
limits.
2550-1. Certain villages authorized to prohibit
burial of the dead in certain cases.
2550-2. Regulating the burial of the dead in villages.
2550-3. Villages in Hamilton Co. shall have power
to provide for removal of dead.
2550-4. Notice.
2550-5. Penalty.
2551. [Repealed.]
2552. Bond of managing trustee.
2553. Applicability to existing cemeteries.
2554. Property in villages supporting cemetery exempt
from tax for purchase of hearse for township.
Conveyance of lands abandoned for cemetery
purposes.
2555.
2556.
Council of village may levy tax for hearse or
vault on vote of electors.
2557. Form of ballot.
2558.
Council may borrow money in anticipation of
collection of tax..
2558a. Sale by villages of first class of cemetery lands;
conveyances; approval of sale, by whom, and in
what manner; disposition of proceeds of sale.
For ?? 2516-2558, see (S. & C. 1562-1564; S. & S. 873-881).
Cleveland: director of charities and correction has the powers of cemetery trustees,
see ? (1545-67).
Springfield board of public works has the powers of trustees of cemeteries, see ? (1545
-247).
Board of public affairs in Portsmouth to perform duties of cemetery trustees; board
of cemetery trustees abolished in Portsmouth, see (1707f-9).
Bonds to improve cemeteries in Springfield, see 92 v. 537.
SEC. 2516. [Council to provide cemeteries.] The council may provide.
places for the interment of the dead outside of the corporate limits, and the
police powers of the corporation shall extend to those places. [66 v. 210, § 361.]
For further legislation regarding cemeteries, see ? 1464 and 22 3571 to 3586, inclusive.
For "an act authorizing certain villages to convert cemetery grounds into parks" (70
v. 163), see ? (2515—34).
Abandonment of cemetery within city or village, see ? 1473a.
For "an act relating to the removal of the dead and the sale of discontinued burial
grounds in townships in certain cases," see ? (1470-1) et seq.
For "
an act to authorize cemetery associations to create a sinking fund and to invest
the same (80 v. 91), see ? (3586-4) et seq.
For "
an act to provide for the enclosure of abandoned burial grounds" (86 v. 52), see
? (3586-1).
For "an act to authorize the sale of certain cemeteries and the removal of the remains
of the dead interred therein " (82 v. 164), see? (3586—2) et seq.
SEC. 2517. [Title to be vested in corporation.] The title to, and right
of possession of all public graveyards and burial-grounds, located within any
city or village, which have been set apart and dedicated as public graveyards
or burial-grounds, and grounds which have been used as such by the public.
1334
་
:
§§ 2518-2523.
CEMETERIES.
Tit. XII, Div. 8, Ch. 7.
but not dedicated, except such as may be owned or under the care of any relig-
ious or benevolent society, or any incorporated company or association, shall
be and the same are hereby vested in the corporation where such public grave-
yard or burial-ground is located. [66 v. 210, 362.]
SEC. 2518. [Board of trustees to be elected.] The electors of a city
or village, in which there are such grounds, or which may now or hereafter, by
purchase or otherwise, own a public cemetery or burial-ground, shall elect, at
the annual election for corporation officers, a board of three trustees, each of
whom shall be a freehold elector of the corporation, which board shall be known
as the "Trustees of Cemeteries." [66 v. 210, § 363.]
SEC. 2518a. [Board of public affairs in Portsmouth to act as cemetery
trustees.] In cities of the second class, third grade c, the board of public
affairs shall have the power, and perform the duties conferred and imposed
upon cemetery trustees by chapter seven, division eight, title twelve of the
Revised Statutes of Ohio. [93 v. 616.]
Part of new charter for Portsmouth to be submitted to electors.
SEC. 2519. [Their term of office.] The trustees shall serve without
compensation, and hold their offices for three years, except that at the first
election one of the trustees shall be elected for one year, one for two years, and
one for three years, and thereafter one shall be elected annually, and a majority
shall constitute a quorum: provided, that in cities and villages wherein there
is such board, the members shall serve until the expiration of their terms, and
one member shall be elected annually thereafter to serve for three years. [66 v.
210, § 364.]
SEC. 2520. [Vacancies, how filled.] All vacancies which may occur in
the board shall be filled by appointment of the council, and the person so
appointed shall hold his office until the next regular municipal election; and
the council by a concurrent vote of two-thirds of all the members elected
thereto, may remove any trustee for inattention to his duties, want of proper
judgment, skill, or taste for the due discharge of the duties required of him, or
for other good cause. [66 v. 210, § 365.]
SEC. 2521. [Duties of trustees.] The trustees shall take possession and
charge, and have the entire management, control, and regulation of all public
graveyards, burial-grounds, and cemeteries located in or belonging to the cor-
poration, subject to its ordinances, and they shall direct, whenever they may
deem it necessary, the laying out of such grounds and cemeteries into lots,
avenues, walks, and paths, or other subdivisions, which lots shall be num-
bered, the avenues named, and a plat thereof made so as to exhibit a fair
and distinct outline of the grounds; and the same shall be kept in the office of
· the clerk of the corporation for the use of the public. [66 v. 211, § 366.]
See Walsh v. City of Columbus, 36 O. S. 169.
SEC. 2522. [Their power, etc.] The trustees shall direct all the improve-
ments and embellishments of the grounds and lots, protect and preserve the
same, and appoint, subject to the approval of the council, all necessary super-
intendents, employes, and agents, and determine their term of office and the
amount of their compensation. [66 v. 211, § 367.]
See Walsh v. City of Columbus, 36 O. S. 169.
The city of Toledo was held liable for injuries resulting to an employe while engaged in the cemetery in
improving a vault owned by the city, such injury occurring through the carelessness and want of skill of the
superintendent of the cemetery and the negligence of the trustees: City of Toledo v. Cone, 41 O. S. 149.
SEC. 2523. [May institute suits, etc.] The trustees shall, when neces-
sary, institute suits in the name of the corporation to recover the possession of
such grounds, remove trespassers therefrom, and recover damages for injuries.
thereto, or to any tombstone or monument therein, and they shall see that all
laws and ordinances passed for the protection of public burial-grounds and
cemeteries, and the burial of the dead, are enforced. [66 v. 211, § 368.]
1335
Tit. XII, Div. 8, Ch. 7.
CEMETERIES.
§§ 2524-2531.
SEC. 2524. [To make by-laws, etc.] The trustees shall make such
by-laws and regulations, not inconsistent with the ordinances of the corpora-
tion and the constitution and laws of the state, as they deem useful and neces-
sary for the management and protection of such burial-grounds and cemeteries
as may be under their control, and the burial of the dead therein, which by-laws
and regulations shall have the same validity as the ordinances of the corpora-
tion; and they shall perform all such other duties pertaining to their office as
the council may, by ordinance, prescribe. [66 v. 211, § 369.]
SEC. 2525. [Shall fix price of lots and term of payment.] The trust-
ees shall determine the size and price of lots, and terms of payment therefor,
and shall give to each purchaser a receipt, showing the amount paid and a per-
tinent description of the lot or lots sold; and upon producing such receipt to
the proper officer, the purchaser shall be entitled to a deed for the lot or lots
described therein. [66 v. 211, § 370.]
SEC. 2526. [Charge for cemetery lots limited.] No more shall be
charged for lots than shall be necessary to reimburse the corporation for the
costs of lands purchased or appropriated for cemetery purposes, and to keep in
order and embellish the grounds; and provision shall be made for the inter-
ment in such cemetery of all persons buried at the expense of the corporation.
[68 v. 130, § 371.]
SEC. 2527. [Sale of lots, laying off and embellishing of grounds; dona-
tions; appointment of managing trustee; notice of appointment.] The
trustees shall have the entire charge and control of the receipts arising from
the sale of lots, and of the laying off and embellishing the grounds. They may
receive donations by bequest, devise, or deed of gift, or otherwise, or money, or
other property; the principal or interest of which [is] to be used for the enlarge-
ment, improvement, embellishment, or care of the cemetery grounds generally,
or for the embellishment, care or improvement of any particular part or parts,
lot or lots therein, as the donor may direct, or as the trustees may from time
to time determine if no direction is given. And they shall appoint one of their
number to sell lots, receive payment therefor, direct the improvements, and
make the expenditures, under such rules and orders as they shall prescribe,
and to invest, manage, and control all property received by donations and all
surplus funds in their hands from any source whatever. Notice of such
appointment shall, upon being made, be communicated to the council. [1887,
March 16: 84 v. 84; Rev. Stat. 1880; 66 v. 211, § 372.]
SEC. 2528. [Clerk, and quarterly report.] The trustees shall appoint
a clerk, and keep accurate minutes of all their proceedings, and report quar-
terly to the council all the moneys received and disbursed by them as such
trustees. [66 v. 211, §373.]
SEC. 2529. [Annual report to council.] The trustees shall, annually,
on the first Monday of April, or as soon thereafter as may be practicable, report
in writing to the council, the number of lots sold, to whom sold, and the
amount received therefor, during the year preceding, and a detailed statement
of the expenditures during the same period, showing the time and purpose of
each payment, and to whom made. [66 v. 212, § 374.]
SEC. 2530. [Statement as to funds, etc.] Such report shall also con-
tain a pertinent statement whether the funds, if any on hand, are invested,
and the character of the securities therefor, and such other matters as the trust-
ees may deem expedient or the council may require. [66 v. 212, § 375.]
SEC. 2531. [Enlargement of grounds.] When, in their judgment, an
enlargement of any burial or cemetery grounds has become necessary, or
grounds for additional cemeteries should be provided, the trustees shall report
the fact to the council, and recommend such action as they may deem most
expedient. [66 v. 212. § 376.]
1336
§§ 2532-2536.
CEMETERIES.
Tit. XII, Div. 8, Ch. 7.
SEC. 2532. [Union of cities, etc., and townships for cemetery pur-
poses.] It shall be lawful for the councils of two or more municipal corpora-
tions, or of such corporation or corporations, and the trustees of any township
or townships, when conveniently located for that purpose, to unite in the estab-
lishment and management of a cemetery, by the purchase or appropriation of
land therefor, not exceeding in extent one hundred acres, to be paid for as
hereinafter provided. [66 v. 212, § 377; 68 v. 73, § 1.]
SEC. 2533. [Election of trustees in case of union.] When two such
bodies unite for cemetery purposes, as provided in the preceding section, the
municipal corporation or township having the larger number of voters at the last
preceding annual election for corporation or township officers, shall elect two
trustees, and the other corporation or township shall elect one trustee, and
thereafter each corporation or township shall be entitled to two trustees every
alternative [alternate] year; when three such bodies unite for such purposes,
each of such corporations or townships shall be entitled to one trustee; and
when four or more such bodies unite for such purposes, the three corporations
or townships having the largest number of voters respectively shall each elect
one trustee, and at the next annual election, the corporation or township
having the largest number of voters at the last election shall not be entitled to
a trustee, but the corporation or township standing fourth in the number of
voters shall be entitled to a trustee, and so on in rotation, so that each corpora-
tion and township shall be without a trustee at regular intervals corresponding
with the number of corporations that may be united under the provisions of
this chapter. And all vacancies in said board shall be filled by the council of
such corporation or corporations and the trustees of such township in joint
session convened for that purpose. [68 v. 73, §2.]
SEC. 2533a. [Organization of board of trustees.] The board of trus-
tees, when appointed in pursuance with the provisions of section No. 2533
shall organize by electing a president, a secretary and a managing trustee, the
latter of whom shall receive and hold all moneys coming into the hands of
such board. Before entering upon the discharge of his duties, the managing
trustee shall give bond, with sureties to be approved by the president and sec-
retary of such board of trustees, payable to them as such officers in such sum
as they determine, and conditioned for the faithful discharge of his duties, and
the paying over according to law upon the order of the board, of all moneys
that may come into his hands by virtue of his office. [89 v. 177.]
SEC. 2534. [How appropriations shall be made.] When an appro-
priation of land for such purpose becomes necessary, it shall be made by the
municipal corporation, or if there be more than one such corporation, then by
the one having the largest number of inhabitants at the last federal census,
which corporation, in making the appropriation, shall act for itself and any
other corporation or township uniting with it, and the proceedings therefor
shall be the same as required in this title where the appropriation is to be
made for the use of the corporation alone. [66 v. 212, §378.]
SEC. 2535. [Titles, how vested.] The title to such cemetery grounds,
whether by purchase or otherwise, shall vest in and be held by the corporation
making the appropriation, in trust for the use of its inhabitants and the
inhabitants of the other corporations or townships in common; and provision
shall be made for the interment in such cemetery of all persons buried at the
expense of the corporations or townships. [66 v. 212, § 379.]
SEC. 2536. [Expenses, etc., to be pro rata.] The expense of such pur-
chase, or of the proceedings in case of appropriation, and the damages awarded,
or both, shall be borne by the corporations and townships in proportion to the
property of each on the duplicate for taxation, and the amount of bonds.
1337
Tit. XII, Div. 8, Ch. 7.
CEMETERIES.
§§ 2537-2542.
issued by each in any case, for such cemetery purposes, shall be in the same
proportion, and the percentage of taxation for all such cemetery purposes shall
be the same in the corporations and townships. [66 v. 212, § 380.]
SEC. 2537. [Control and management.] The cemetery so owned in
common, shall be under the control and management of the trustees, and their
authority over the same and their duties in relation thereto, shall be the same
as where the cemetery is the exclusive property of a single corporation. [66 v.
212, § 381.]
SEC. 2538. [Power to enforce ordinances, etc.] The council of any
city or village owning a cemetery in common with any other city, village, or
township as aforesaid, shall have full power and authority to pass and enforce
all ordinances necessary to carry into effect the provisions herein contained,
and such as may be deemed necessary for the preservation and regulation of
such cemetery and the protection thereof, and for the punishment of any
person violating the ordinances, rules, and regulations, relating to such ceme-
tery; and the mayor and police officers of such corporation shall have full
and complete jurisdiction and authority to enforce all such ordinances, rules,
and regulations, as if such cemetery grounds were located within or owned
exclusively by the corporation. [66 v. 212, § 382.]
SEC. 2539. [Discrimination forbidden.] No distinction or discrimina-
tion of any kind shall be made by the trustees of such cemetery owned in com-
mon, in favor of one corporation against another, or in favor of a corporation
against a township, or in favor of a township against a corporation, but the
affairs of the cemetery shall in all respects be managed as though the same were
owned and governed in the interests of the corporation or township alone.
[66 v. 213, § 383.]
SEC. 2540. [Joint meeting of council and trustees.] In case of a union
for cemetery purposes between a municipal corporation and a township, the
council of the corporation and the trustees of the township shall have a joint
meeting at the council-chamber of the corporation, on the day of the first reg-
ular meeting of the council in the month of May of each year, for the purpose
of determining the rate [of tax] to be levied upon the taxable property of the
corporation and the township for the purposes herein required; and upon the
passage of a joint resolution by a majority of the members of the council and
the trustees, fixing the rate of taxation, it shall be the duty of the clerk of the
corporation to certify such rate to the auditor of the county for assessment and
collection; and in case there is more than one municipal corporation or town-
ship united for such purposes, the councils and trustees of the townships shall
become such joint body with the same powers as if there had been one such
corporation and township, and the clerk of the corporation containing the great-
est number of inhabitants shall certify to the auditor as above provided, the
rate of taxation. [66 v. 213, § 384.]
SEC. 2541. [Joint meetings to make rules, etc.] The trustees of such
township or townships, or the council or councils of such municipal corporation
or corporations, may at any time call a joint meeting of the council or councils
and the trustees of the township or townships, on a reasonable notice given by
either, for the purpose of making joint rules and regulations for the government
of such cemetery, or changing the same, and making such orders as may be
found necessary for the application of moneys arising from the sale of lots, taxes,
or otherwise. [66 v. 213, § 385.]
SEC. 2542. [Vote, and record thereof.] In all joint meetings, each
member of the councils and each of the trustees shall have one vote in deter-
mining all questions; and the proceedings of all joint meetings shall be recorded
by the clerk of the corporation having the greatest number of inhabitants.
[66 v. 213, § 386.]
1338
§§ 2543-2549.
CEMETERIES.
Tit. XII, Div. 8, Ch. 7.
SEC. 2543. [Adjoining townships may be admitted to participation,
etc.; any municipal corporation or township may withdraw.j Any town-
ship adjoining one in which a cemetery is established by the union of any of
the bodies as herein before provided, may, by consent of the trustees of such
township and of the council or councils of the corporation, be admitted to an equal
participation with the inhabitants thereof in the rights and privileges in such
cemetery, upon such terms as may be mutually agreed upon, but the title and
control of the cemetery shall continue vested in the corporation as above pro-
vided; and any municipal corporation or township which has heretofore united,
or which may hereafter unite with any other municipal corporation or town-
ship, or both, in the establishment or control of a cemetery under the provisions
of this chapter, may by a resolution of the council of such corporation or of
the trustees of such township and with the consent of the council of the remain-
ing corporation and trustees of the remaining township or townships, withdraw
from the management and control of such cemetery, and relinquish the interest
of such corporation or township therein, and thereupon such cemetery shall be
under the management and control of such remaining corporation and town-
ship, or corporations and townships. [1883, January 25: 80 v. 6; Rev. Stat.
1880; 66 v. 214, § 390; (S. & C. 1564).]
SEC. 2544. [Public burial ground, etc., may be appropriated.] In the
establishment of cemeteries as herein provided, any city or village and any
township may make use of any public burial ground or cemetery ground which
may be held by such city, village, or township, and may make use of any land
which such city, village, or township, may have acquired by dedication, gift,
or devise for burial purposes. [66 v. 213, §387.]
SEC. 2545. [Purchase of lands; improvements, etc.] The council of
any city or village, and the trustees of any township, may purchase of any
cemetery association incorporated under existing laws, the lands, lots, and
improvements of such cemetery association remaining unsold, for cemetery
purposes, and take a conveyance thereof; but the purchase money in such
cases shall be applied to the payment of the legal debts of such association,
and to the embellishment and preservation of the land purchased, and such
other purposes as the trustees of the cemetery may direct. [66 v. 213, § 388.]
SEC. 2546. [Rights and titles inviolate.] The rights and titles of lot
owners, purchased prior to such sale and conveyance, shall not be questioned;
and such lot owners shall continue to hold and occupy their lots, under such
rules and regulations as shall be adopted for the government and regulation of
such cemetery by the authorities making such purchase. [66 v. 214, § 389.]
SEC. 2547. [Clerk shall record plat of ground, etc.] It shall be the
duty of the clerk of the corporation to record, in a book to be provided for that
purpose, a plat of all grounds for cemetery purposes laid out into avenues, walks,
paths, and lots, and he shall execute to the purchasers of lots such conveyance
as may be necessary to carry into effect the contracts of sale; and such convey-
ance shall, at the expense of the person receiving it, be recorded in a book to be
kept for that purpose, by the clerk of the corporation. [66 v. 214, § 391.]
SEC. 2548. [Powers of council as to cemeteries.] The council of any
city or village owning a public burial-ground or cemetery, whether within or
without the corporation, may pass and provide for the enforcement of ordinances
necessary to carry into effect the provisions of this chapter, and regulate
such public burial-grounds and cemeteries, the improvement of the same, and
the burial of the dead therein; define the tenure and conditions on which lots
therein shall be held; and protect such burial-grounds and cemeteries and all
fixtures thereon. [70 v. 274, § 392; (S. & C. 1563).]
SEC. 2549. [Power to sell portions of cemetery.] The council may
sell any portion of such cemetery grounds not already used for the burial of
1339
Tit. XII, Div. 8, Ch. 7.
CEMETERIES.
§ 2550.
the dead, which are unsuitable for burial purposes, and purchase with the pro-
ceeds thereof other suitable lands lying contiguous thereto; but no such sale
shall be made until the council shall have contracted for an equal or greater
quantity of land suitable for burial purposes: provided, that the trustees of
any cemetery, elected under this chapter, for the purpose of paying any indebt-
edness, arising out of the purchase or improvement of such cemetery, shall,
with the consent of the council of the corporation, where there is no union
with any other corporation or township, and where there is such union, with
consent of the bodies acting jointly as provided in section twenty-five hundred and
forty-one have power to sell or mortgage such portion of the real estate, belong-
ing to such cemetery, as has not been used for burial purposes, or as may not
be, in the opinion of the trustees, needed for such purposes, and the money
arising from such sale or mortgage, shall be applied by the trustees to the pay-
ment of such indebtedness, and to no other purpose, except upon such sale
where there may be a surplus after the payment of such indebtedness, in which
case such surplus money shall be used by the trustees in the improvement of
such cemetery grounds, and for no other purpose. [70 v. 274, § 392; 64 v. 110;
S. & S. 877.]
SEC. 2550. [Burials may be prohibited within corporate limits.] The
council may prohibit the interment of the dead within the corporation limits,
and, for the purpose of making such prohibition effective, may not only impose
proper fines and penalties, but shall also have power to cause any body, interred
contrary thereto, to be taken up and buried without the limits of the corpo-
ration. [66 v. 214, § 393.]
(2550-1) [Certain villages authorized to prohibit burial of the dead
in certain cases.] Villages which, at the last federal census had a population
of not less than two thousand five hundred and forty, nor more than three
thousand, shall have the power to prohibit the interment of the dead in any
cemetery in use at the incorporation of such villages, and provide for the
removal of the remains interred therein, whenever the board of health of such
villages, by resolution duly passed, certifies to the village council thereof that
the same is necessary and essential to the sanitary welfare of such villages. [79
v. 75.]
(2550-2) [Regulating the burial of the dead in villages.] Villages
shall not have the power to prohibit the interment of the dead in any cemetery
within such village, unless it shall be satisfactorily shown that such interring
is detrimental to the health of its inhabitants and general prosperity of such
villages. [86 v. 179.]
(2550-3) SEC. 1. [Villages in Hamilton county shall have power
to provide for removal of dead.] The council of any village which is now,
or may become, contiguous to any city which is now, or may become, a city
of the first grade of the first class, and containing within its corporate limits a
cemetery wherein the interment of the dead has heretofore been, or may here-
after be, prohibited, shall have power to provide for the removal of the re-
mains interred in such cemetery, whenever it is made to appear satisfactorily
to the council of such village that such removal is essential to the general
prosperity and advancement of such village. [91 v. 714.]
(2550-4) SEC. 2. [Notice.] Whenever the council of such village
shall, by resolution, declare it necessary that the remains interred in such
cemetery shall be removed without the limits of such village, it shall be the
duty of the clerk of said village to notify, in writing, the trustees or officers.
of the association or corporation owning or controlling such cemetery, of the
passage of such resolution, and thereupon said officers or trustees shall cause.
the said remains to be removed from said cemetery and without the limits of
1340
§ (2550-5).
CEMETERIES.
Tit. XII, Div. 8, Ch. 7.
said village within six months after the date of the passage of said resolution.
[91 v. 714.]
(2550-5) SEC. 3. [Penalty.] If the trustees or officers of such cemetery
shall fail or refuse for six months after the passage of said resolution, to remove
the remains interred in said cemetery without the limits of said village, the
council of said village shall have, and is hereby given, the power to declare,
by ordinance or resolution, the said cemetery to be a nuisance and to institute
proper legal proceedings for the abatement thereof. [91 v. 714.]
SEC. 2551. [Repealed 1888, April 16: 85 v. 282.
Stat. 1880; 66 v. 214, § 304.]
See references under ? 2550.
Former statutes: Rev.
SEC. 2552. [Bond of managing trustee.] The council may require the
trustee who may be authorized to receive and disburse the moneys arising
from the sale of lots, or otherwise, and to invest, manage, and control the prop-
erty and funds in the hands of said trustees, to enter into a bond to the cor-
poration with sufficient sureties, conditioned for the faithful performance of
his duty, as such trustee, and account for all moneys by him received, and pay
over to his successor all moneys or other property unexpended. And such
bond shall be filed in the office of the corporation clerk. [1887, March 16:
84 v. 84; Rev. Stat. 1880; 66 v. 214, §395.]
SEC. 2553. [Applicability to existing cemeteries.] The provisions of
this chapter relating to the establishment of cemeteries by municipal corpora-
tions and township trustees, shall govern cemeteries already so established, so
far as the same may be applicable. [66 v. 214, § 396.]
SEC. 2554. [Property in village supporting cemetery exempt from
tax for purchase of hearse for township:] All property within any village,
in which there is a cemetery established and maintained by such village, shall
be exempt from taxes for the purchase or maintenance of cemeteries, or for the
purchase of a hearse, or for the construction of a vault, under the superintend-
ence of the township trustees, and for the use of the township exclusive of the
village. [1880, April 2: 77 v. 117; Rev. Stat. 1880; 66 v. 74, §1.]
SEC. 2555. [Conveyance of lands abandoned for cemetery purposes.
When a city or village holds any land or lands within its limits which shall
have been used as a cemetery or burial-ground, and in which interments have
been prohibited by such municipal corporations, and it shall have been decided
to remove the bodies interred therein, it shall be lawful for the council to sell
or otherwise dispose of any such land or lands to the purchaser of the same,
provided that such sale or other transfer of such land shall not operate to give
such purchaser possession of the same until the bodies therein interred shall
have been removed from such cemetery, and all monuments and tombstones
be removed and re-erected at the place of re-interment of the remains of each
person, respectively. [68 v. 124, §1.]
Abandonment of cemetery in certain cases, see ? 1473a.
SEC. 2556. [Council of villages may tax for hearse or vault on vote
of electors.] The council of a village may levy a tax in such amount as it may
determine, either to purchase a hearse or to construct a vault for the dead, for
the use of the village, to be under the control of the trustees of cemeteries of
the village, where there is such board, otherwise under the control of the coun-
cil, or a person appointed by it; but the question of levying such tax, for either
or both of such purposes, and the amount asked therefor, shall be separately
submitted to the electors of the corporation, at a general election, twenty days'
notice thereof having been previously given, by posting in at least three public
places in the village; the notice shall state specifically the amount to be raised,
and for what purpose; and if a majority of all the votes cast at such election is
1341
Tit. XII, Div. 8, Ch. 7.
CEMETERIES.
$$ 2557-2558a.
in favor of either or both of such propositions, the same shall be considered
adopted, and the tax herein provided for authorized. [75 v. 46, § 1.]
See 1485 et seq.
SEC. 2557. [Form of ballot.] The electors voting at such election shall
have placed on their ballots the words, "Tax for Hearse-Yes," or "Tax for
Hearse-No," and upon the same ballot, "Tax for Vault-Yes," or "Tax for
Vault-No," and may vote for one proposition and against the other, or for or
against both. [(75 v. 46, § 2).]
SEC. 2558. [Council may borrow money in anticipation of collection
of tax.] When a tax for erecting a vault has been voted in any village, the
council thereof may, in anticipation of such tax issue the bonds of such vil-
lage in an aggregate amount not exceeding the tax voted, of denominations.
not less than fifty dollars, bearing interest at a rate not exceeding six per centum,
payable not later than two years from the date thereof, and signed by the mayor
and clerk of the village; and such bonds shall be paid from the tax so voted,
and the proceeds of the sale thereof shall be used solely for the construction of
such vault. [(76 v. 43, § 1).]
SEC. 2558a. [Sale by villages of first class of cemetery lands; convey-
ances; approval of sale, by whom, and in what manner; disposition of pro-
ceeds of sale.] That in cases where villages of the first class are invested with
title to real estate acquired in any other manner than by appropriation, and
which said real estate is held in trust for the use of the inhabitants of such
village and the inhabitants of a township in common for cemetery purposes, it
shall be lawful for such village to sell any part thereof in excess of the amount
required for cemetery purposes, and on which no lots have been sold nor inter-
ments made, and for the mayor and clerk of such village to convey the same
by deed in fee simple; provided, that before any such sale shall be made it
shall receive the approval of the village council, of the board of trustees of
such township, and of the cemetery trustees, at a regular meeting of such
bodies, or at a meeting of which all the members shall have notice that such
matter would be acted upon; which approval shall be entered upon the min-
utes and recited in such deed of conveyance; and provided further, that the
proceeds arising from such sale shall be applied only to the purpose of improv-
ing such cemetery or the avenues leading thereto. [1885, January 16: 82 v. 3;
Rev. Stat. 1880.]
v.3;
=
1342
Tit. XII.
PUBLIC HALLS, ETC.
Div. 8, Ch. 8.
CHAPTER 8.
PUBLIC HALLS, AND OTHER PLACES FOR PUBLIC ASSEMBLAGES.
SECTION
2559-13. Fund to pay interest on bonds and bonds
SECTION
2559. Power to erect halls.
2559a(1)(2). Resolution of board of public affairs declar-
ing necessity for city hall; same to be certified to
court, etc.; same to be certified to sinking fund
trustees; appointment of board of trustees; their
general powers; provisions governing.
themselves at maturity.
2560.
Enlarging same, etc.
2561.
Superintendent, etc., for hall.
2562.
Hall under control of council.
2563.
1. Title of board; compensation; their expenses;
vacancies.
Building or improving public halls may be
submitted to electors; notice of such elec-
tion, how given.
2.
Chairman; meetings; record of proceedings.
3. Employes of board; compensation; plans and con-
tracts for hall; advertising for plans; reward
for best plans; architect.
2564.
Union of city, etc., and township, to build
hall.
2565.
Where hall erected; purchase of ground.
2566.
Leasing hall, or part thereof.
4. Moneys, how paid out; employes not to be interested
in contracts.
2367.
Rule when occupied partly for purposes other
than official.
5. Lithographing of plans; printing of forms of bids,
etc.
2568.
Examination of public building as to safety
in case of fire.
2569.
2570.
6. Contracts and contractors; arbitration of disputed
accounts.
7.
Void contracts.
8. Advertising for proposals.
9.
10.
11.
12.
Contracts for furnishing; patented materials, etc.
Making and opening of bids: bond; non-compli-
ance with bids.
With whom board shall contract; letting of work
in whole or in parts.
Issue of bonds by board of public affairs; levy of
tax.
13. Sale of bonds; city hall fund.
14. Removal of present buildings; temporary quarters
for city officers.
15. Appropriation of private property.
16. Issue of additional bonds; condemnation of private
property: payment of compensation; disposi-
tion of unexpended balance of three hundre l
thousand dollars.
17. Bonds shall be issued for additional funds.
25596. Expense of dedication of city hall in Cin-
cinnati.
2559-1. Cleveland may erect new city hall; com-
missioners; number; appointment; du-
ties and powers.
2559-2. Board known as board of city hall commis-
sioners; expenses; term; removal; va-
cancy.
2559-3. President; regular and special meetings;
record.
2559-4. Clerk, architect and other necessary em-
ployes; compensation of same; to adopt
suitable plans, etc.; contracts; advertising
for plans, etc.
2559-5. Power to condemn property; resolution
therefor; duty of corporation counsel;
appropriation proceedings governed by
what laws.
2559-6. How money may be expended; neither com-
missioners nor city employes to be inter-
ested in contracts.
2559-7. Plans and specifications, etc., to be prepared;
distribution of same.
2559-8. How contracts to be made; alterations and
modifications in contracts.
Certificate in such case.
Change of building; re-examination in case
of.
2571. Appeal of owner or person having control of.
2572. Penalties against owner or person having con-
trol.
2572a. Inspections and certificates dispensed with in
certain cases; notice of refusal; require-
ments for the issuing of certificates, etc.
When inspections to be made; inspector to
have access to buildings.
25726.
2573.
Duties of factory-men, hotel-keepers, etc., as
to fire-escapes.
2573a. State divided into districts for the inspection
of workshops and factories.
SEC. 2. Appointment of inspectors.
SEC. 3. Duties of inspectors.
2573a-2. Additional district inspectors; appoint-
ment, etc.; assignment for service.
25736. Inspector to have free access to all shops and
factories; proof of failure to comply with
order; proprietor's liability.
2573c. Notice of necessary alterations or additions;
penalty for not making same; record of ex-
amination; instruction, etc., for govern-
ment of district inspectors; salaries and ex-
penses of inspectors.
SEC. 4.
SEC. 5.
Record of examinations.
Rules and regulations governing district in-
spectors.
SEC. 6. Salaries, expenses, etc.
2573c-1. Inspector of manufacture, etc., of ex-
plosives; appointment, etc.
2573c-2. Enforcement of act, etc.
2573c-3 Additional salary of inspector of manufac-
ture, etc., of explosives.
2573d. "Shops and factories" defined; who to make
permanent improvements ordered by state
inspector.
2573-1. Manufacturers to report certain accidents to
chief inspector of workshops.
2573-2. Report of accidental death or injury; pen-
alty for failure; the term "manufacturer"
defined.
2573-3. Blanks for reports to be furnished by chief
inspector of workshops; proviso.
2559-9. Advertising for bids.
2559-10. Bids.
2574.
2559-11. Awarding of contract; bond of successful
bidder.
Duty of mayor to require such escapes; pen-
alty for failure to comply.
2575.
2559-12. Fund to defray cost of hall; bonds to con-
form to certain sections of Revised Stat-
utes.
Mayor, etc., to examine building once a year ;
compensation.
As to building permits in Toledo, see (2575-126a) et seq.
In Springfield board of public affairs has the power of council under this chapter,
see ? (1545-247).
Municipal corporation hall clocks to be run by standard time, ? (4446-4).
National flag on school buildings, see? (3986—1).
Cleveland-bonds for market buildings, 81 v. 185; repealed 87 v. 16.
1343
Tit. XII, Div. 8, Ch. 8.
PUBLIC HALLS, ETC.
$$ 2559-2559a(1).
Toledo-bonds for market house, 88 v. 94.
Dayton-bonds for city building, 86 v. 328.
Springfield-bonds for market houses and city offices, 84 v. 30.
Findlay-acquire real estate, erect buildings, and lease and sell same, 89 v. 168.
Steubenville-bonds for market house or city hall, 78 v. 75.
Steubenville-bonds for market house and city hall, 79 v. 46.
Bucyrus-bonds to buy lands and erect buildings, 87 v. 347.
Wellsville-bonds for city building, 89 v. 87.
West Salem may issue town hall bonds, 93 v. 512.
Wilmington-bonds for town hall, 89 v. 196.
West Milton-bonds for water-works, lighting, and town hall, 89 v. 288.
Caledonia-bonds for town hall, 88 v. 287.
Cities of second class third grade-bonds to complete and furnish building for market
and offices and improve market spaces, 86 v. 29.
Grand Rapids township and Grand Rapids village may jointly erect, etc., town hall,
93 v. 472.
SEC. 2559. [Power to erect halls.] The council of any city or village
may erect, enlarge, improve, and complete any public hall which shall be used
for the public offices of the corporation, and such public and other purposes as
the council may authorize. [66 v. 215, § 401.]
For" an act to provide for the better protection of human life against fire, and to regu-
late the management of steam boiler furnaces, in cities of the first and second grades of
the first class" (86 v. 135), see ? (2575—131) et seq.
For laws regulating the construction of buildings in municipalities, see ?(2575-1) et seq.
Board of public affairs in Portsmouth exercises powers of council, see ? (1707ƒ—10).
The acceptance of a bid legally made only gives to the bidder a right to a contract embracing the stipula-
tions expressed or implied in the records or files relating to the improvement, including among them the
notice, the plans and specifications, the bid, and the resolution of acceptance: Hughes v. Village of Clyde, 41
O. S. 339.
SEC. 2559a(1). [Resolution of board of public affairs declaring neces-
sity for city hall; same to be certified to court, etc.; appointment of board
of trustees; their general powers; provisions governing.] In cities of the
first grade of the first class, the board of public affairs of such cities may, by
resolution, declare the necessity for the erection, completion and furnishing of
a new city hall for any such city, to be used for the public offices of the corpo-
ration, and such public and other purposes as the council may authorize; and
upon the passage of such resolution, the same shall be certified by said board
to the superior court of such city, and if there be no superior court in such
city, to the court of common pleas of the county in which such city is situ-
ated; and thereupon it shall be the duty of such superior court or court of
common pleas, as the case may be, to appoint a board of trustees, composed of
four citizens of such city, not more than two of whom shall be from the same
political party, to erect, complete and furnish a new city hall in such city; and
upon the appointment, as aforesaid, of said trustees, all power to erect, com-
plete and furnish a city hall for such city, shall devolve upon and be exercise
by said board, and in exercising such power, and carrying out the object of
their appointment, said board shall be governed by the following provisions:
See note and additional paragraphs 16 and 17, to the other 2559a, which follows this,
? 2559a, and differs from it.
Cited as to appointing power vested in courts: State ex rel. v. Cincinnati, 52 O. S. 419, 452.
1. [Title of board; their compensation; vacancies.] Said board shall
be known as the "board of city hall trustees." They shall receive as compensa-
tion for their services, twelve hundred dollars ($1,200) per annum, each, which,
together with their necessary expenses in attending to their duties, shall be
paid out of the fund hereinafter created for erecting and completing such city
hall. All vacancies in the office of trustee shall be filled in the same manner,
from the same political party as the original appointment.
2. [Chairman; meetings; record of proceedings.] Said trustees shall
appoint from their number a chairman, and shall hold regular meetings at such
1344
毚
​$2559a(1).
PUBLIC HALLS, ETC.
Tit. XII, Div. 8, Ch. 8.
time[s] and places as they may agree upon, and special meetings under such reg-
ulations as they may prescribe, and shall cause to be kept a full record of their
proceedings.
3. [Employes of board; compensation; plans and contracts for hall;
advertising for plans; reward for best plans; architect.] Said trustees
shall have power to appoint a clerk, an architect, a superintendent and other
necessary employes; fix their compensation, and adopt à suitable plan for such
city hall, and make all contracts for erecting, completing and furnishing the
same; and no contract which they enter into, or alteration or modification
thereof shall be valid, until assented to at a regular or special meeting, and
concurred in by a majority of all the members, and such assent entered on the
minutes of their proceedings. And it shall be the duty of such trustees, in
securing the most suitable plan for such city hall, to advertise for not less than
four consecutive weeks, in such newspapers as they shall deem proper, both in
and outside of such city, for plans of such city hall, and shall allow full and
fair competition among all architects who shall desire to submit plans for such
city hall; and in order to secure competition in the submission of plans, they
may offer as a reward for each of the five best plans submitted, a sum not to
exceed five hundred dollars ($500), and may, in their discretion, pay to the
party submitting the plan which is by them accepted, a sum not to exceed
fifteen hundred [dollars] ($1,500), or employ such person as architect in the erec-
tion of such building.
4. [Moneys, how paid out; employes not to be interested in contracts.]
No money shall be expended on account of any city hall unless first author-
ized by said trustees, and upon warrants signed by their chairman and clerk,
and upon the comptroller of such city, to be paid by the treasurer of such city
upon the warrant of such comptroller, out of the fund hereinafter provided;
and no trustee or person holding an appointment from said board, nor any
officer or employe of the corporation, shall be interested, directly or indirectly,
in any contract concerning such city hall.
5. [Lithographing of plans; printing of forms of bids, etc.] Said
trustees shall, before entering into any contract in respect to such city hall,
cause plans and specifications, detailed drawings and forms of bids to be pre-
pared; and when adopted by them they may, in their discretion, cause the
plans and drawings to be lithographed, and the specifications and forms of
bids, contracts and bonds to be prepared, and have the same printed for distri-
bution among the bidders.
6. [Contracts and contractors; arbitration of disputed accounts.] All
contracts shall be made in writing, in the name of such city, and signed by
the chairman and clerk of said board, and by the contractor. When it becomes
necessary, in the opinion of said board, in the prosecution of the work, to
make alterations or modifications in the contract, such alterations or modifica-
tions shall only be made by order of the board, and such order shall be of no
effect until the price to be paid for the work or materials under such altered
or modified contract has been agreed upon in writing, and signed by the con-
tractor and all members of said board; and no contractor shall be allowed
or recover anything for work or materials caused by any alteration or modifi-
cation, unless an order is made or agreement signed, as aforesaid; nor shall he
in any case be allowed to recover more for such work or materials than said
agreed price; and if when the board has ordered an alteration or modification
of a contract, the contractor and the board can not agree upon the price to be
paid for work or materials under such altered or modified contract, they shall
submit the matter to arbitration; the board choosing one arbitrator and the
contractor one, and these two a third; and the award of such arbitrators, or a
majority of them, as to the price to be paid, shall be made in writing, and
1345
Tit. XII, Div. 8, Ch. 8.
PUBLIC HALLS, ETC.
§ 2559a(1).
entered on the minutes of the board, and when so entered shall be binding on
both parties.
7. [Void contracts.] If a contract, agreement or order, made or author-
ized by said board, be found to violate any of the provisions of this act, it shall
at once become void and of no effect; and no money shall be paid or recovered
for services rendered or materials furnished thereunder.
8. [Advertising for proposals.] Said board shall not enter into any con-
tract for work in the erection and completion of such city hall, without first
causing fifteen days' notice to be given in one or more newspapers of general
circulation in such city, that sealed proposals will be received for doing the
work or furnishing the materials; provided, that said board may procure plans
thereafter in the manner above indicated, and shall not be required to adver-
tise for bids for making or printing the drawings, specifications and form of
bids, contracts and bonds, nor for removing or disposing of any old building
that it may be necessary to remove or dispose of.
9. [Contracts for furnishing; patented materials, etc.] Said board, in
furnishing such city hall, may make contracts without competitive bidding if
the board shall deem it expedient; and in case bids are called for for articles
necessary for furnishing the whole or any part of such city hall, such adver-
tisement shall be had as the board may think proper. And in all cases of com-
petitive bidding, whether in the erection and completion, or furnishing of such
city hall, no bid shall be received or considered by the board, which covers a
patented material, process or device, until the person who owns or controls or
has a contract for the exclusive use of such patented material, process or device,
has entered into an agreement with the board, for the benefit of all bidders, as
to the lowest price for which he himself will furnish, or which he will furnish
to all bidders, such patented material, process or device.
10. [Making and opening of bids; bond; non-compliance with bids.]
All bids shall be enclosed in a sealed envelope, and deposited with the clerk of
said board; and such sealed envelope shall have endorsed thereon the nature of
the same, and the name of the bidder; and all bids shall be opened at a regu-
lar meeting of the board, and at an hour to be indicated in said notice. Each
bid shall be accompanied with a bond, signed by sufficient sureties, for the
acceptance of the contract, if awarded by the board; or the bidder may deposit
with the board in lieu of such bond, a certified check, or cash, in such sum as
the board shall indicate; and in case of refusal by the bidder to enter into a
contract according to his bid, within such reasonable time as the board may
determine, said bond shall be put in suit, and the amount collected paid into
the fund hereinafter provided; or if [a] check or cash is deposited, the amount
shall be immediately paid into such fund.
11. [With whom board shall contract; letting of work in whole or in
parts.] Said board shall enter into contracts with the lowest and best bidder,
upon his giving bond to such city, with sureties as the board shall approve,
that he will perform the work and furnish materials in accordance with his
contract, and that the sureties agree in advance to such modifications and alter-
ations as may be made by the board and the contractor, within the limits of
the penal sum mentioned in the bond; and on failure of such bidder within a
reasonable time, to be fixed by the board, to enter into bond with the sureties
before provided, a contract may be made with the next lowest and best bidder,
and so on, until a contract is effected with a contractor giving bond as afore-
said; provided, that the board may let the work in whole or in parts, and may
receive bids for labor and material separately, as they may deem best, and may
reject any and all bids.
12. [Issue of bonds by board of public affairs; levy of tax.] To provide
a fund to pay the cost and expense of the erection, completion and furnishing
86
1346
§ 2559a (1).
PUBLIC HALLS, ETC.
Tit. XII, Div. 8, Ch. 8.
of any city hall, under the provisions of this act, the board of public affairs of
any such city shall, forthwith, upon receiving orders from said board of trustees,
certified by its chairman and clerk, and from time to time and as often as said
board of trustees think necessary, issue the bonds of such city, to an amount
not to exceed in the aggregate seven hundred thousand dollars ($700,000) for
the erection and completion of such city hall. Said bonds shall be made pay-
able at such time, and shall bear interest at such rate, not to exceed four per
centum per annum, as said board of public affairs shall determine; said bonds
shall be signed by the president of said board of public affairs, and the mayor
of such city, and be attested by the comptroller of such city, and shall be
secured by the pledge of the faith of such city, and a tax, which it shall be the
duty of the council of such city annually to levy upon the taxable property of
such city, and certify the same to the county auditor, upon a certificate to that
effect from the trustees of the sinking fund of such city, as to the amount neces-
sary to pay the interest thereon, and to provide a sinking fund for the final
redemption of said bonds. Said tax shall be in addition to the amount now
authorized to be levied for municipal purposes.
13. [Sale of bonds; city hall fund.] Said board of public affairs shall
receive bids for said bonds from time to time, as they may receive orders from
said board of trustees to issue the same, after advertising the same for sale once
per week for four consecutive weeks, on the same day of the week, in some
newspaper of general circulation in such city, and shall sell the same for not
less than their par value, with accrued interest, to the highest bidder. The
money arising from the sale of said bonds shall be placed in the city treasury, in
a fund to be called the "city hall fund," and all warrants drawn upon the
comptroller for payment out of said fund, shall designate on their face "for erec-
tion and completion," or "for furnishing," according as they are drawn for the
one purpose or the other, and a careful account of the condition of said fund shall
be separately kept by the comptroller of said city. And if upon the completion
of any work under the provisions of this act, an unexpended balance of the
fund shall remain in the city treasury, such balance shall be immediately
turned over to the trustees of the sinking fund of such city, and applied by
them to the sinking fund for the final redemption of the bonds issued under
the provisions of this act.
14. [Removal of present buildings; temporary quarters for city offi-
cers.] Said board of trustees, in carrying out the object and purposes of this
act, shall have full power to take possession and control of any property now
used for a like purpose or in connection therewith, by any such city, and
remove therefrom any old building standing thereon; and it shall be the duty
of the board of public affairs of any such city, immediately on receiving notice
from said board of its intention to commence work, to provide temporary
quarters for the city officers, and they are hereby empowered to make leases for
that purpose; and until the next semi-annual appropriation is made, the city
council shall provide for the payment of rent for such temporary quarters, by
appropriations from the general fund of such city.
15. [Appropriation of private property.] Said board of trustees shall
have power to appropriate, enter upon and condemn for public use, for enlarging
any grounds already used by any such city for city hall purposes, and in con-
nection therewith, any private property which shall lie adjoining to and sepa-
rated by a street or alley more than thirty feet in width from any property
already used as aforesaid, or in connection therewith; and when said board
shall determine to appropriate property, for such use, a resolution to that effect
shall be passed by the board, and entered upon its minutes, declaring the
intention to appropriate such property and the necessity therefor, with a per-
tinent description of the property to be appropriated, which resolution shall be
1347
Tit. XII, Div. 8, Ch. 8.
PUBLIC HALLS, ETC.
§ 2559a(2).
certified to the solicitor of such city, whose duty it shall then be to apply in
writing in the name of such city, to the court of common pleas of the county,
or a judge thereof in vacation, or to the probate court of the county, for the
impaneling of a jury to assess the compensation to be allowed the owners of
property appropriated, in the manner provided in chapter 3, title XII, division
7 of the Revised Statutes, for appropriating private property to the use of
municipal corporations; and all the proceedings hereunder, except as herein
otherwise provided, shall be governed by the provisions of said chapter 3, title
XII, division 7; provided, that if such proceedings are commenced in the pro-
bate court of the county, neither party shall have the right of appeal, but either
party may institute proceedings in error, as provided by law. And the amount
of compensation adjudged to any owner or owners, together with the cost and
expense of such proceedings, shall be paid out of the fund herein before provided
for the erection and completion of such city hall. [1887, March 16: 84 v. 95.]
SEC. 2559a(2). [Resolution of board of public affairs declaring neces-
sity for city hall; same to be certified to sinking fund trustees; appoint-
ment of board of trustees; their general powers; provisions governing.]
In cities of the first grade of the first class, the board of public affairs of such
cities may, by resolution, declare the necessity for the erection, completion and
furnishing of a new city hall for any such city, to be used for the public offices
of the corporation, and such public and other purposes as the council may
authorize; and upon the passage of such resolution, the same shall be certified
by said board to the trustees of the sinking fund of such city; and thereupon
it shall be the duty of such trustees of the sinking fund to appoint a board of
trustees, composed of four citizens of such city, not more than two of whom
shall be from the same political party, to erect, complete and furnish a new city
hall in such city; and upon the appointment, as aforesaid, of said trustees, all
power to erect, complete and furnish a city hall for such city, shall devolve upon
and be exercised by said board, and in exercising such power, and carrying out
the object of their appointment, said board shall be governed by the following
provisions:
1. [Title of board; their expenses; vacancies.] Said board shall be
known as the "board of city hall trustees." They shall receive no compensation.
for their services but their necessary expenses in attending to their duties, shall
be paid out of the fund hereinafter created for erecting and completing such
city hall. All vacancies in the office of trustee shall be filled in the same man-
ner, from the same political party as the original appointment.
2. [Chairman; meetings; record of proceedings.] Said trustees shall
appoint from their number a chairman, and shall hold regular meetings at such
time and places as they may agree upon, and special meetings under such regu-
lations as they may prescribe, and shall cause to be kept a full record of their
proceedings.
3. [Employes of board; compensation; plans and contracts for hall;
advertising for plans; reward for best plans; architect.] Said trustees shall
have power to appoint a clerk, an architect, a superintendent and other neces-
sary employes; fix their compensation, and adopt a suitable plan for such city
hall, and make all contracts for erecting, completing and furnishing the same;
and no contract which they enter into, or alteration or modification thereof
shall be valid, until assented to at a regular or special meeting and concurred
in by a majority of all the members, and such assent entered on the minutes
of their proceedings. And it shall be the duty of such trustees, in securing the
most suitable plan for such city hall, to advertise for not less than four con-
secutive weeks, in such newspapers as they shall deem proper, both in and out-
side of such city,. for plans of such city hall, and shall allow full and fair com-
petition among all architects who shall desire to submit plans for such city
hall; and in order to secure competition in the submission of plans, they may
1348
§ 2559a(2).
PUBLIC HALLS, ETC.
Tit. XII, Div. 8, Ch. 8.
offer as a reward for each of the five best plans submitted, a sum not to exceed
five hundred dollars ($500), and may, in their discretion, pay to the party sub-
mitting the plan which is by them accepted, a sum not to exceed fifteen hun-
dred dollars ($1,500), or employ such person as architect in the erection of such
building.
4. [Moneys, how paid out; employes not to be interested in contracts.]
No money shall be expended on account of any city hall unless first authorized
by said trustees, and upon warrants signed by their chairman and clerk, and
upon the comptroller of such city, to be paid by the treasurer of such city upon
the warrant of such comptroller, out of the fund hereinafter provided; and no
trustee or person holding an appointment from said board, nor any officer or
employe of the corporation, shall be interested, directly or indirectly, in any
contract concerning such city hall.
5. [Lithographing of plans; printing of forms of bids, etc.] Said
trustees shall, before entering into any contract in respect to such city hall,
cause plans and specifications, detailed drawings and forms of bids to be pre-
pared; and when adopted by them they may, in their discretion, cause the
plans and drawings to be lithographed, and the specifications and forms of bids,
contracts and bonds to be prepared, and have the same printed for distribution,
amon[g] the bidders.
6. [Contracts and contractors; arbitration of disputed accounts.] All
contracts shall be made in writing, in the name of such city, and signed by
the chairman and clerk of said board, and by the contractor. When it becomes.
necessary, in the opinion of said board, in the prosecution of the work, to
make alterations or modifications in the contract, such alterations or modifica-
tions shall only be made by order of the board, and such order shall be of no
effect until the price to be paid for the work or materials under such altered or
modified contract has been agreed upon in writing, and signed by the con-
tractor and all members of said board; and no contractor shall be allowed or
recover anything for work or materials caused by any alteration or modification,
unless an order is made or agreement signed, as aforesaid; nor shall he in any
case be allowed to recover more for such work or materials than said agreed
price; and if when the board has ordered an alteration or modification of a
contract, the contractor and the board can not agree upon the price to be paid
for work or materials under such altered or modified contract, they shall sub-
mit the matter to arbitration; the board choosing one arbitrator and the con-
tractor one, and these two a third; and the award of such arbitrators, or a
majority of them, as to the price to be paid, shall be made in writing, and
entered on the minutes of the board, and when so entered shall be binding on
both parties.
7. [Void contracts.] If a contract, agreement or order, made or author-
ized by said board, be found to violate any of the provisions of this act, it shall
at once become void and of no effect; and no money shall be paid or recovered
for services rendered or material furnished thereunder.
8. [Advertising for proposals.] Said board shall not enter into any con-
tract for work in the erection and completion of such city hall, without first
causing fifteen days' notice to be given in one or more newspapers of general
circulation in such city, that sealed proposals will be received for doing the
work or furnishing the materials; provided, that said board may procure plans
thereafter in the manner above indicated, and shall not be required to adver-
tise for bids for making or printing the drawings, specifications and form of
bids, contracts and bonds, nor for removing or disposing of any old building
that it may be necessary to remove or dispose of.
9. [Contracts for furnishing; patented materials, etc.] Said board, in
furnishing such city hall, may make contracts without competitive bidding if
the board shall deem it expedient; and in case bids are called for for articles
1349
Tit. XII, Div. 8, Ch. 8.
PUBLIC HALLS, ETC.
§ 2559a (2).
necessary for furnishing the whole or any part of such city hall, such advertise-
ment shall be had as the board may think proper. And in all cases of com-
petitive bidding, whether in the erection and completion, or furnishing of such
city hall, no bid shall be received or considered by the board, which covers a
patented material, process or device, until the person who owns or controls or
has a contract for the exclusive use of such patented material, process or device,
has entered into an agreement with the board, for the benefit of all bidders, as
to the lowest price for which he himself will furnish, or which he will furnish
to all bidders, such patented material, process or device.
10. [Making and opening of bids; bonds; non-compliance with bids.]
All bids shall be enclosed in a sealed envelope, and deposited with the clerk of
said board; and such sealed envelope shall have endorsed thereon the nature of
the same, and the name of the bidder; and all bids shall be opened at a regu-
lar meeting of the board, and at an hour to be indicated in said notice. Each
bid shall be accompanied with a bond, signed by sufficient sureties, for the
acceptance of the contract, if awarded by the board; or the bidder may deposit
with the board, in lieu of such bond, a certified check, or cash, in such sum as
the board shall indicate; and in case of refusal by the bidder to enter into a
contract according to his bid, within such reasonable time as the board may
determine, said bond shall be put in suit, and the amount collected paid into
the fund hereinafter provided; or if check or cash is deposited, the amount
shall be immediately paid into such fund.
11. [With whom board shall contract; letting of work in whole or in
parts.] Said board shall enter into contracts with the lowest and best bidder,
upon his giving bond to such city, with sureties as the board shall approve,
that he will perform the work and furnish materials in accordance with his
contract, and that the sureties agree in advance to such modifications and
alterations as may be made by the board and the contractor, within the limit
of the penal sum mentioned in the bond; and on failure of such bidder within
a reasonable time, to be fixed by the board, to enter into bond with the sureties
before provided, a contract may be made with the next lowest and best bidder,
and so on, until a contract is effected with a contractor giving bond as afore-
said; provided, that the board may let the work in whole or in parts, and may
receive bids for labor and material separately, as they may deem best, and may
reject any and all bids.
12. [Issue of bonds by board of public affairs; levy of tax.] To pro-
vide a fund to pay the cost and expense of the erection, completion and fur-
nishing of any city hall, under the provisions of this act, the board of public
affairs of any such city shall, forthwith, upon receiving orders from said board
of trustees, certified by its chairman and clerk, and from time to time and as
often as said board of trustees think necessary, issue the bonds of such city, to
an amount not to exceed in the aggregate seven hundred thousand dollars
($700,000) for the erection and completion of such city hall. Said bonds shall
be made payable at such time, and shall bear interest at such rate, not to
exceed four per centum per annum, as said board of public affairs shall deter-
mine; said bonds shall be signed by the president of said board of public
affairs, and the mayor of such city, and be attested by the comptroller of such
city, and shall be secured by the pledge of the faith of such city, and a tax,
which it shall be the duty of the council of such city annually to levy upon
the taxable property of such city, and certify the same to the county auditor,
upon a certificate to that effect from the trustees of the sinking fund of such
city, as to the amount necessary to pay the interest thereon, and to provide a
sinking fund for the final redemption of said bonds. Said tax shall be in
addition to the amount now authorized to be levied for municipal purposes.
1350
§ 2559a (2).
PUBLIC HALLS, ETC.
Tit. XII, Div. 8, Ch. 8.
13. [Sale of bonds; city hall fund.] Said board of public affairs shall
receive bids for said bonds from time to time, as they may receive orders from
said board of trustees to issue the same, after advertising the same for sale once
per week for four consecutive weeks, on the same day of the week, in some
newspaper of general circulation in such city, and shall sell the same for not
less than their par value with accrued interest, to the highest bidder. The
¡money arising from the sale of said bonds shall be placed in the city treasury,
in a fund to be called the "city hall fund,” and all warrants drawn upon the
comptroller for payment out of said fund, shall designate on their face, "for
erection and completion" or "for furnishing," according as they are drawn for
the one purpose or the other, and a careful account of the condition of said
fund shall be separately kept by the comptroller of said city. And if upon
the completion of any work under the provisions of this act, an unexpended
balance of the fund shall remain in the city treasury, such balance shall be
immediately turned over to the trustees of the sinking fund of such city, and
applied by them to the sinking fund for the final redemption of the bonds.
issued under the provisions of this act.
14. [Removal of present buildings; temporary quarters for city offi-
cers.] Said board of trustees, in carrying out the object and purposes of this
act, shall have full power to take possession and control of any property now
used for a like purpose or in connection therewith, by any such city, and
remove therefrom any old building standing thereon; and it shall be the duty
of the board of public affairs of any such city, immediately on receiving notice
from said board of its intention to commence work, to provide temporary quar-
ters for the city officers, and they are hereby empowered to make leases for that
purpose; and until the next semi-annual appropriation is made, the city coun-
cil shall provide for the payment of rent for such temporary quarters, by
appropriations from the general fund of such city.
15. [Appropriation of private property.] Said board of trustees shall
have power to appropriate, enter upon and condemn for public use, for enlarg-
ing any grounds already used by any such city for city hall purposes, and in
connection therewith, any private property which shall lie adjoining to and
not separated by a street or alley more than thirty feet in width from any
property already used as aforesaid, or in connection therewith; and when
said board shall determine to appropriate property for such use, a resolution to
that effect shall be passed by the board, and entered upon its minutes, declar-
ing the intention to appropriate such property and the necessity therefor, with
a pertinent description of the property to be appropriated, which resolution
shall be certified to the solicitor of such city, whose duty it shall then be to
apply in writing in the name of such city, to the court of common pleas of
the county, or a judge thereof in vacation, or to the probate court of the
county, for the impannelling of a jury to assess the compensation to be allowed
the owners of property appropriated, in the manner provided in chapter 3, title
XII, division 7 of the Revised Statutes, for appropriating private property to
the use of municipal corporations; and all the proceedings hereunder, except
as herein otherwise provided, shall be governed by the provisions of said chap-
ter 3, title XII, division 7; provided, that if such proceedings are commenced
in the probate court of the county, neither party shall have the right of appeal,
but either party may institute proceedings in error, as provided by law. And
the amount of compensation adjudged to any owner or owners, together with
the cost and expense of such proceedings, shall be paid out of the fund herein-
before provided for the erection and completion of such city hall. [1887,
March 21: 84 v. 243.]
16. [Issue of additional bonds; condemnation of private property; pay-
ment of compensation; disposition of unexpended balance of $300,000.]
To provide additional funds for the purposes of appropriating property for the
1351
Tit. XII, Div. 8, Ch. 8. PUBLIC HALLS, ETC.
§ 2559a(2).
purpose of such city hall, and for completing the same, the board of public
affairs of such city shall issue the bonds of such city in an amount not to exceed
the sum of three hundred thousand dollars ($300,000), in the manner, on the
terms, and under the conditions provided in paragraph twelve hereof; pro-
vided, that it shall be the duty of the board of trustees appointed under the
provisions of this act immediately upon passage hereof, at once to proceed
to condemn and appropriate for the use of such city hall such amount of
private property lying adjoining to and not separated by a street or alley more
than thirty (30) feet, in width from any property already used by such city for
city hall purposes, or in connection therewith as shall be necessary in order
that the lot or ground for such city hall shall be bounded by four principal
streets of such city; and immediately upon such condemnation having been
made and the value of the property condemned, legally ascertained, it shall be
the duty of such board of trustees at once to certify the amount necessary to
pay the compensation for such property to the board of public affairs of such
city whose duty it shall be to proceed under the provisions of this act to issue
the necessary bonds to provide a fund to pay the same, and the balance of
said $300,000, if any, shall be used by such board of trustees for completing
said city hall, and making necessary changes in the plans thereof. [1888,
April 13: 85 v. 215; 85 v. 97.].
17. [Bonds shall be issued for additional funds.] To provide additional
funds for the purpose of extending, making alterations in the plans of such
city hall, or making alterations in the contracts for the erection of such city
hall, and for completing the same, the board of public affairs of any such city
shall issue the bonds of said city in any amount not to exceed the sum of two
hundred and fifty thousand dollars ($250,000), in the manner, on the terms and
under the conditions provided in paragraph twelve hereof; provided, that it
shall be the duty of the board of trustees appointed under the provisions of
this act, immediately upon the passage hereof, to at once proceed to remove
any old buildings that may be necessary to remove, or dispose of, for the pur-
pose of extending such city hall, and making any additions, alterations or
changes in the plans hereof, and said board of trustees may make such addi-
tions, alterations or changes, upon the same terms and for the same prices
agreed to be paid in existing contracts, but nothing herein shall prevent said
city hall trustees from letting said additional work to the lowest and best
bidder, after due advertisement, if, in their judgment, it would be to the inter-
est of said city to so let said additional work. [1889, March 27: 86 v. 148.]
18. [Cincinnati authorized to issue additional bonds for city hall.] To
provide additional funds for the purpose of the erection of such city hall and
for completing and furnishing the same, the board of city affairs of any such
city shall issue the bonds of said city in any amount not to exceed the sum
of three hundred and twenty-five thousand ($325,000) dollars, in the manner,
on the terms, and under the conditions provided in paragraph twelve (12)
hereof. [88 v. 105.]
19. [Additional bonds.] To provide additional funds for the purpose of
the erection of such city hall, and for completing and furnishing the same the
board of administration of any such city shall issue the bonds of said city in
any amount not to exceed the sum of twenty-five thousand ($25,000.00) dollars
in the manner, on the terms, and under the conditions provided in paragraph
twelve (12) hereof. [90 v. 170.]
Two copies of the act marked "Senate Bill No. 282" were filed by the general assembly in the office of
the secretary of state; one, printed on pages 95-99, on March 16, and the other, which is here printed, on
March 21. The explanation of this fact is found in the following certificate made by the clerk of the senate
in which the bill originated :
COLUMBUS, March 30, 1887.
This is to certify. That Senate Bill No. 282 passed the senate on the ninth day of February, 1887. The sen-
ate was informed, by message. on the ninth day of March, that the house of representatives had concurred in
the passage of the bill. After the bill had been enrolled, signed and deposited in the office of the secretary of
1352
§ 25596.
PUBLIC HALLS, ETC.
Tit. XII, Div. 8, Ch. 8.
state, on the sixteenth day of March, it was discovered that the bill had been erroneously engrossed in the
senate. The bill was then properly engrossed and returned to the house of representatives. The senate was
notified, by message, on the seventeenth day of March, that the house had concurred a second time in the
passage of the bill, said error in the engrossment thereof having been corrected.
(6
The bill was then properly enrolled, and again signed and deposited, on the twenty-first day of March..
in the office of the secretary of state.
"Said bill, as enrolled, signed and deposited on the sixteenth day of March, was not re-called, from the
secretary of state's office.
“C. N. VALLANDIGHAM.
" 'Clerk Ohio Senate.'
Attest:
SEC. 2559b. [Expense of dedication of city hall in Cincinnati.]
Wherever in cities of the first grade of the first class a new city hall has been
or may hereafter be erected and completed under the provisions of section.
2559a of the Revised Statutes, the board of legislation of such city may appro-
priate and set aside from the contingent fund or any other fund in which there
may be money available, a sum not exceeding $5,000 for the purpose of defray-
ing the expense of the celebration of the opening or dedication of such new
city hall. Such money shall be expended by and under the direction and
supervision of a committee of the board of legislation appointed for the pur-
pose, acting with the board of administration of such city. And the vouchers
for such expenditures must be regularly passed through and approved by the
board of administration of such city. [90 v. 135.]
SEC. 2559c and 2559d, enacted May 16th, 1894, (91 v. 257) were repealed
April 21st, 1896. [92 v. 272.]
(2559-1) SEC. 1. [Cleveland may erect new city hall; commission-
ers; number; appointment; duties and powers.] In any city of the second
grade of the first class, the council of such city may, by ordinance, declare the
necessity for the erection, completion and furnishing of a new city hall for any
such city, to be used for the public offices of the corporation, and such other
public purposes as the council may authorize; thereupon there shall be a board.
of five commissioners, composed of five (5) citizens of such city, to be ap-
pointed by the mayor, and approved by the council, not more than three of
whom shall be from the same political party, whose duty it shall be to secure
the necessary land, by purchase or appropriation, as a location and site for the
erection of such city hall, and to erect, build, complete and furnish such new
city hall in such city; and upon the appointment as aforesaid of said commis-
sioners, all power to procure such site or location, either by appropriation or
purchase, as said commissioners shall deem best, and to erect, build, complete
and furnish a city hall for such city, shall devolve upon, vest in, and be exer-
cised by said board, and in exercising such power and carrying out the object
of their appointment, said board shall be governed by the following provisions.
[93 v. 549.]
(2559-2) SEC. 2. [Board known as board of city hall commission-
ers; expenses; term; removal; vacancy.] Said board shall be known as
the board of city hall commissioners, and they shall receive their necessary ex-
penses in attending to their duties, which shall be paid out of the fund herein-
after created, for the purpose of carrying out the provisions of this act. Said
board shall serve until the building and furnishing of such city hall is com-
pleted, but not to exceed five (5) years from the date of their appointment;
provided, the mayor, with the approval of the council, may remove any of said
commissioners for misconduct in office, and the vacancy thereby created shall
be filled in the same manner and from the same political party as the original
appointment, and all vacancies in the office of commissioner shall be filled in
the same manner from the same political party as the original appointment.
[93 v. 550.]
(2559-3) SEC. 3. [President; regular and special meetings; record.]
Said commissioners shall select from their number a president, and shall hold
regular meetings at such time and places as they may agree upon, and special
1353
Tit. XII, Div. 8, Ch. 8.
PUBLIC HALLS, ETC.
§ (2559—4).
meetings under such regulations as they may determine, and shall cause to be
kept a full record of their proceedings. [93 v. 550.]
(2559-4) SEC. 4. [Power to appoint clerk, architect and other neces-
sary employes; compensation of same; to adopt suitable plan for hall;
contracts; advertising for plans, etc.] Said commissioners shall have power
to appoint a clerk, architect, superintendent and other necessary employes, fix
their compensation and adopt a suitable plan and design for such city hall,
and make all contracts for the procuring of the necessary site, and for erecting,
completing and furnishing such city hall; and no contract which they enter
into, or alteration or modification thereof shall be valid until assented to at a
regular or special meeting and concurred in by a majority of all the members
thereof, and such assent entered on the minutes of the proceedings. And it
shall be the duty of such commissioners in securing the most suitable plans
together with the specifications and estimates for such city hall, to advertise for
not less than three (3) consecutive weeks in such newspapers as they may deem
proper, in and of general circulation in such city, for plans, specifications and
estimates of such city hall; said plans, specifications and estimates to be pre-
sented within such time after such advertisement as the board may direct; and
shall allow full and fair competition among all architects who shall desire to
submit plans, specifications and estimates for such city hall. [93 v. 550.]
(2559-5) SEC. 5. [Power to condemn property; resolution therefor;
duty of corporation counsel; appropriation proceedings governed by what
laws.] Said board of commissioners shall have power to appropriate, enter
upon and condemn for public use, by any such city, for city hall purposes, any
private property within such city, and when such board shall determine to ap-
propriate property for such use a resolution to that effect shall be passed by the
board and entered upon its minutes, declaring the intention to appropriate
such property and the necessity therefor, with a pertinent description of the
property to be appropriated, which resolution shall be certified to the corpora-
tion counsel of such city, whose duty it shall then be to apply, in writing, in
the name of such city, to any court of competent jurisdiction for the impanel-
ing of a jury to assess the compensation to be allowed the owner or owners of
property sought to be appropriated, in the manner now provided by law for the
impaneling of juries to assess the compensation to be allowed the owners of
property appropriated by municipal corporations for other purposes; and such
appropriation proceedings shall in all other respects be governed by the laws
now in force governing the appropriation of private property by municipal cor-
porations for public purposes. [93 v. 550.]
(2559-6) SEC. 6. [How money may be expended; commissioners
or city employes not to be interested in contracts. No money shall be ex-
pended on account of such city hall unless first authorized by such commis-
sioners, and upon warrants signed by their president and clerk, drawn upon
the director of accounts of such city, to be paid by the treasurer of such city
upon the warrant of such director, out of the fund hereinafter provided; and
no commissioner or person holding appointment from said board, nor any
officer or employe of the city, shall be interested, either directly or indirectly,
in any contract concerning such city hall or the material or site therefor. [93
v. 551.]
(2559-7) SEC. 7. [Plans and specifications, etc., to be prepared;
distribution of same.] Such commissioners before entering into any contract
for such city hall shall cause plans and specifications, details, drawings, and
forms of bids to be prepared, and when adopted by them, they may, in their
discretion, cause the plans and drawings to be lithographed, and the specifica-
tions and forms of bids, contracts and bonds to be prepared, and have the same
printed for distribution among the bidders. [93 v. 551.]
1354
$ (2559-8).
PUBLIC HALLS, ETC.
Tit. XII, Div. 8, Ch. 8.
(2559-8) SEC. 8. [How contracts to be made; alterations or mod-
ifications in contract.] All contracts shall be made in writing, in the name of
such city, and signed by the president and clerk of said board, and by the con-
tractor, and be approved by the corporation counsel. When it becomes neces-
sary, in the opinion of said board, in the prosecution of the work, to make
alterations or modifications in the contract, such alrerations or modifications
shall only be made by order of the board, and such order shall be of no effect
until the price to be paid for the work, or materials, under such altered or mod-
ified contract has been agreed upon in writing, and signed by the contractor
and the president of said board.* [93 v. 551.]
(2559-9) SEC. 9. [Advertising for bids.] Said board shall not enter
into any contract for work in the erection and completion of such city hall
without first causing fifteen (15) days' notice to be given in one or more news-
papers, of general circulation, in such city, for sealed proposals for doing the
work and furnishing the materials therefor; provided, that said board shall
not be required to advertise for bids for making and printing the drawings,
specifications and forms of bids, contracts and bonds. [93 v. 551.]
(1559—10) SEC. 10. [Bids.] All bids shall be enclosed in a sealed
envelope and deposited with the clerk of said board; and such sealed en vel-
ope shall have endorsed thereon the nature of the same, and the name of the
bidder; and all bids shall be opened at a regular meeting of the board, and at
an hour to be indicated in said notice. Each bid shall be accompanied with a
bond, signed with sufficient sureties, for the acceptance and execution of the
contract, and the securing of the same if awarded by the board; or the bidder
may deposit with the board, in lieu of such bond, a certified check, or cash, in
such sum as the board shall indicate; and in case of refusal of the bidder to
enter into a contract in accordance with his bid, and furnish the security
therein required, within such reasonable time as the board may determine, said
bond shall be put in suit and the amount collected, paid into the fund herein-
after provided for; if a check, or cash, is deposited the amount shall imme-
diately be paid into such fund. [93 v. 551.]
(2559-11) SEC. 11. [Awarding of contract; bond of successful
bidder.] Said board shall enter into contract with the lowest and best bidder,
upon his giving bond to such city with such sureties as the board shall approve
that he will perform the work and furnish the materials in accordance with his
contract, and that the sureties agree in advance to such modifications and alter-
ations as may be made by the board and the contractor, within the limits of
the penal sum mentioned in the bond; and on failure of such bidder, within
a reasonable time to be fixed by the board, to enter into bond with the sureties
before provided, a contract may be made with the next lowest and best bidder,
and so on, until a contract is effected with a contractor giving bond as afore-
said; provided, that the board may let the work in whole or in parts, and may
receive bids for labor and material separately, as they may deem best, and may
reject any and all bids. [93 v. 551.]
(2559-12) SEC. 12. [Fund to defray cost of city hall; bonds to
conform to requirements of certain sections R. S.] To provide a fund to
pay the cost and expense of procuring the necessary land as a location for, and
the erection, completion and furnishing of such city hall, under the provisions.
of this act, the council of any such city may and it is hereby authorized to
issue and sell the bonds of such city to an amount not to exceed in the aggre-
gate one million five hundred thousand dollars ($1,500,000) for procuring such
land and erecting, completing and furnishing such city hall. Said bonds shall
be issued and made payable at such time or times and shall bear interest at
such rate not to exceed four per cent. per annum, payable semi-annually, as the
council of such city shall determine; said bonds, except as provided in the
1355
Tit. XII, Div. 8, Ch. 8.
PUBLIC HALLS, ETC.
§ (2559—13).
foregoing, shall in all respects conform to the requirements of chapter 2, divi-
sion 9, title 12 of the Revised Statutes of Ohio, and section 2702 of the Revised
Statutes of Ohio, and section 73 of an act passed March 16, 1891, [S(1545-74)]
entitled "An act to provide a more efficient government for cities of the second
grade of the first class," and any other laws now in force relating to the cer-
tificate of the city auditor, or to the fact that money is in the treasury, shall
not apply to contracts made under this act, and the provisions of section 2704
of the Revised Statutes of the state of Ohio, as amended April 22, 1896 (92
O. L., 286), relating to the limit of the aggregate debt of cities of the second
grade of the first class shall not apply to this act. [93 v. 552.]
(2559-13) SEC. 13. [Fund to pay interest on bonds and bonds
themselves at maturity.] For the purpose of paying the interest on said
bonds, and for the further purpose of providing a fund for the payment of
such bonds at maturity, the council of such city may use and apply any
money received by such city from any gas company or electric light company
under any agreement heretofore or hereafter made; and for the purpose of pro-
viding such further sum as may be necessary to pay the interest on such bonds
and the principal of the same at maturity, the council shall, in addition to the
other levies authorized by law, levy annually a sufficient tax therefor on all
property of such city subject to taxation, and such taxes shall be levied and
collected as other taxes. [93 v. 552.]
SEC. 2560. [Enlargement, etc., of public hails.] All the power herein
conferred on the council in relation to the erection, enlargement, improvement,
and completion of any public hall, shall apply to and be conferred on council
in the erection, enlarging, improving, and completing any addition to any
public hall now owned by the corporation, or which may be hereafter erected.
66 v. 215, § 402.]
See note to Lillard v. Ampt, 4 N. P. 272, under 2 2561.
See note to Lillard v. Ampt, 4 N. P. 305, under 1755.
SEC. 2561. [Superintendent, etc., for hall.] For the complete execu-
tion of the powers in this chapter granted, the council may appoint a superin-
tendent or architect, or both, and such other persons as may be deemed neces-
sary, and provide for the making of all necessary contracts, and prescribe rules.
and regulations for the government of all such employes. [66 v. 216, § 403.]
If the board of legislation has the power to appoint a superintendent and janitors of city hall, it must
exercise the power itself and cannot delegate it: Lillard v. Ampt, 4 N. P. 272.
The power, however, given by 2 2560, 2561 and 2562, only applies to when the hall is building or being
added to and not when it is completed: Id.
See note to Lillard v. Ampt, 4 N. P. 305, under ¿ 1755.
SEC. 2562. [Council to have control of halls.] Such hall, when com-
pleted, shall be under the control of the council, and the council shall have
the same power in relation to the preservation and repair thereof as in its orig
inal construction or improvement. [66 v. 216, § 404; (S. & S. 784).]
See note to Lillard v: Ampt, 4 N. P. 272, under ? 2561.
See note to Lillard v. Ampt, 1 N. P. 305, under 1755.
SEC. 2563. [Building or improving public halls may be submitted to
electors; notice of such election, how given.] The electors of a village, or
of a city of the third and fourth grades of the second class, may at an annual
municipal election, decide by ballot for or against levying a tax upon all the
property subject to taxation in such municipal corporation, for the purpose of
erecting a public hall, or for the purpose of improving, enlarging, or making
additions to a hall already erected, ten days' notice of such election being
given by the order of the mayor, at the request of twenty-five freeholders of
the corporation, by notice in a newspaper published in, or of general circula-
tion in such municipal corporation; but, this section shall not be construed as
a limitation of the power conferred in the preceding sections of this chapter;
and if two-thirds of the ballots cast at such election be in favor of such
1356
§§ 2564-2568.
PUBLIC HALLS, ETC.
Tit. XII, Div. 8, Ch. 8.
improvement, the provisions of [sections] twenty-five hundred and sixty-one, and
twenty-five hundred and sixty-two, shall be applicable thereto. [1884, March 11:
81 v. 40; Rev. Stat. 1880; 63 v. 84, §1; (S. & S. 783; S. & C. 1481).]
SEC. 2564. [Union of municipal corporation and township to build
hall.] The electors of a village, or of a city of the third and fourth grades of
the second class, and the electors of the township in which the municipal cor-
poration is situated holding separate elections, on such notice as is provided
for in the preceding section, may, if both so determine by such vote, unite in
the erection of such public hall, the notice of the election by the electors of
the township to be given by the township clerk, on the order of the township
trustees, on the application of ten freeholders of the township not residing in
the municipal corporation. [64 v. 140, § 1; S. & S. 784.]
Township trustees, when authorized to provide a town hall for the people of a township, may, in their
discretion, with the money raised for that purpose, purchase and cause to be erected a town hall in the
second story of a building without purchasing or owning the entire building or the ground on which it
stands: Township Trustees v. Miner, 26 O. S. 452.
SEC. 2565. [Where hall erected; purchase of ground.] The hall shall
be erected on a public square of the municipal corporation, or elsewhere, as the
council and trustees may determine, and for this purpose they may purchase
ground; and such purchase may be made and such hall erected, enlarged,
improved, or repaired, and occupied, on such terms and conditions as the coun-
cil and trustees may agree upon. [64 v. 140, §1; S. & S. 784.]
SEC. 2566. [Leasing hall, or part thereof.] When there is a public
hall, erected by taxation, in any city of the second class or village, and the
building or any part thereof may not be needed for public business the coun-
cil shall lease the building or part thereof, as the case may be, for private offices,
lectures, or like purposes, and for such length of time, and upon such terms
as shall seem to it proper, and the money received for rents shall be forth-
with paid into the treasury of the municipal corporation; and when a munici-
pal corporation and a township have united in erecting such hall as aforesaid,
they shall jointly have the same power to lease as above provided, and the
amount received shall be divided equitably by the council and the township
trustees, and the amount belonging to the municipal corporation shall be paid
by the party receiving it, into the corporation treasury, and the amount belong-
ing to the township shall be paid by such trustees into the township treasury.
[70 v. 55, § 1.]
Such leasing takes away the exemption from taxation; Scott v. Athens, 1 N. P. 94.
SEC. 2567. [Collection of rent, when used for certain purposes.]
Whenever any such hall building, in whole or in part thereof, or any room or
rooms, or parts of rooms therein shall be used or occupied by any city, village,
or township officer, or by a justice of the peace, or by any mayor of the city or
village, for the transaction of any other business than that required in the
administration of public affairs, either by himself, or partner in business, it
shall be the duty of the trustees of such township or council of such city or
village, or of the council and trustees, acting together, as the case may be, to col-
lect from such public officer or parties in business, such sum for rent as may
be just and equitable. [70 v. 55, §2.]
SEC. 2568. [Examination of public hall, etc., as to safety in case of
fire.] On application of the owner or person having control of an opera-
house, hall, theater, church, school-house, hospital, medical institute, asylum,
or other buildings used for public assemblages, in any municipal corporation,
the mayor, civil engineer, and chief engineer of the fire department, or if such
corporation has no such engineer, the mayor and two members of council,
shall carefully make a joint examination of such opera-house, hall, theater,
church, school-house, hospital, medical institute, asylum, or other building to
ascertain the means provided thereat and therein for the speedy and safe egress
of the persons that may at any time be there assembled, and the means pro-
1357
Tit. XII, Div. 8, Ch. 8.
PUBLIC HALLS, ETC.
S$ 2569-2572.
vided for extinguishing a fire, at or in such place; provided, that when the
assembly rooms of such church are situated upon the ground floor, with a
sufficient number of low windows, in the opinion of the commission above
provided for, to secure safe and yeas [easy] means of escape in case of alarm,
they shall grant the certificate mentioned in the next following section. [90
v. 3; 62 v. 139, § 3; 74 v. 61, § 1: S. & S. 636.]
State inspector of workshops must examine buildings under this and next section, see
? 2572b.
As to high hats in theatres, see ? (6983—1).
As to handrails for stairways, see ? (4238-15).
SEC. 2569. [Certificate in such case.] If, upon such examination, it
is found that such opera-house, hall, theater, church, school-house, or other
building is abundantly provided with means for speedy and safe egress of the
persons who may at any time be there assembled, and, if above the first floor,
that it is provided therein with water or other equally efficient agency, and
proper means to apply it, so that any fire which may occur at such place can
be immediately extinguished, the mayor and persons so acting with him, or a
majority of the three, shall issue to such owner or person having control as
aforesaid, a certificate of the fact, which shall continue in force one year, unless
sooner revoked by council. [62 v. 139, § 3; S. & S. 636.]
SEC. 2570. [Re-examination in case of change in building.] If any
change or alteration is made in such building, the owner or person having
charge of it shall notify the mayor of the fact, who shall cause to be made a
re-examination in all respects like that provided for in the last section, and if
upon such examination such owner, or person having control, is entitled to
such certificate as is mentioned in the last section, it shall be issued to him,
with like effect. [62 v. 139, §3; S. & S. 636.]
SEC. 2571. Appeal of owner or person in control from refusal to
issue certificate.] If any owner or person having control of such place, as
aforesaid, shall feel himself aggrieved by the refusal of such officers to issue
any such certificate, he may appeal from the decision to the council, which
shall appoint three disinterested persons to examine the premises, any two of
whom may issue the certificate provided for in sections two thousand five hun-
dred and sixty-nine and two thousand five hundred and seventy. [62 v. 139, §3;
S. & S. 636.]
SEC. 2572. [Penalties against owner or person having control.] Who-
ever, being the owner or having control as an officer, agent, or otherwise, of any
opera house, hall, theater, church, school house, college, academy, seminary,
infirmary, sanitarium, children's home, hospital, medical institute, asylum, or
other building used for the assemblage or betterment of people, in a municipal
corporation, county or township in the state of Ohio, permits it to be used
when any door affording exit therefrom is locked or barred, or opens inwardly;
when the place is not provided with ample means for the safe and speedy egress
of the persons who may be there assembled; when sufficient water and proper
means to apply it, or other efficient means are not provided on each floor to
extinguish any fire which may occur therein; or when the certificate provided
for in section twenty-five hundred and sixty-nine or section twenty-five hun-
dred and seventy, which certificate shall also apply to buildings mentioned in
section twenty-five hundred and seventy-two, as the case may be, has not been
issued, or is not in full force, shall be deemed guilty of a misdemeanor, and on
conviction thereof before any court of competent jurisdiction shall be fined
not more than five hundred (500) dollars, nor less than fifty (50) dollars, and
ten (10) dollars additional for each day or night such building is permitted to
be used after such conviction is had and until such changes, alterations or ad-
ditions have been made sufficient to warrant the issuing of certificate by the
chief inspector of workshops and factories;
1
1358
S$ 2572a-2573.
PUBLIC HALLS, ETC.
Tit. XII, Div. 8. Ch. 8.
[Fines for benefit of city or county.] And such fines and costs shall be
recovered in the name and for the use of the municipal corporation, if such
building is located within the corporate limits, if not then for the use of the
county in which located and suit is brought;
[Duty of mayor or prosecuting attorney.] And it shall be the duty of
the mayor, with the aid of the police, or the prosecuting attorney, with the aid
of the sheriff, if such building is not located within a municipal corporation,
to see that the provisions of this act are strictly enforced. [93 v. 34; 92 v. 408;
90 v. 4; 62 v. 139, §3 (§4); S. & S. 636.]
SEC. 2572a. [Inspections and certificates dispensed with in certain
cases; notice of refusal; requirements for the issuing of certificates, etc.]
That whenever any structure referred to in section 2572 shall have been in-
spected by the state inspector of workshops and factories, and such inspector
shall have issued to the owner thereof or to his agent, a certificate that such
structure is properly arranged for the safe and speedy egress of persons who
may be assembled therein, and also properly provided with the means for the
extinguishment of fire at or in such structures, as now required by law, then
such certificate shall dispense with all other inspections and certificates re-
quired by law in regard to the safety of such structures as are mentioned in
section twenty-five hundred and seventy-two; and in case such inspector shall
find on inspection that such structure is not properly arranged for the safe and
speedy egress of persons who may be there assembled, or not properly provided
with means for the extinguishment of fire at or in such structure, as now re-
quired by law, or that such structure is such as to endanger the lives of the
persons who may be there assembled, from fire or other cause, he shall notify
the owner, officer or agent in charge of such structure and the mayor of the
municipal corporation, if such structure is located therein, if not then the
prosecuting attorney of the county wherein the same is located, in writing,
of the fact that he refuses such certificate, specifying his reasons and the
alterations, additions and appliances necessary to be made and furnished be-
fore a certificate will be issued; and no certificate required by law, in regard
to the safety of such structure, shall be issued by the mayor or any officer or
person under any provision of the law till the requirements of the foregoing
notice are complied with to the satisfaction of the state inspector, and it shall
be the duty of the mayor of any municipality, with the aid of the police, or
the prosecuting attorney, with the aid of the sheriff, upon receiving such noti-
fication, to prohibit the use of such buildings for the assemblage of people
until the necessary changes, alterations and additions have been made and the
inspector's certificate has been issued. [92 v. 409; 90 v. 4; 88 v. 85; 86 v. 46.]
Duty as to buildings or rooms where employes work, see ?? (4364—69), (—89).
SEC. 2572b. [When inspections to be made.] It shall be the duty of
the chief inspector of workshops and factories, or his district inspectors, to
make such inspections of such buildings as are provided for in sections 2568,
2569 and 2572 of the Revised Statutes of Ohio, as often as he may deem neces-
sary, or upon the written demand of the agent or owner of such structure, or
upon the written request of five or more citizens of the municipal corporation,
county or township wherein such structure is located,
[Inspector to have access to buildings.] And the chief inspector or dis-
trict inspectors shall have access to all such buildings at any time it may be
deemed necessary to inspect same. [93 v. 35; 92 v. 409; 87 v. 279; 86 v. 46, 47.]
It is not the duty of the inspector to see that the county records and funds are kept in what he deems a
safe and proper place: State ex rel. v. Commissioners, 5 N. P. 260.
The purpose of these sections is to provide safe buildings for the assembling of the public: Id.
SEC. 2573. [Duties of factory-men, hotel-keepers, etc., as to fire-
escapes.] It shall be the duty of any owner or agent for owner of any factory,
workshop, tenement house, inn, or public house, if such factory, workshop, tene-
1359
F
Tit. XII, Div. 8, Ch. 8.
PUBLIC HALLS, ETC.
§ 4573a.
any
ment house, inn, or public house be more than two stories high, to provide [a]
onvenient exits from the different upper stories of said building, which shall be
Pasily accessible in case of fire, and any owner or person having control of
such inn or public house where travelers or boarders are lodged in any story
above the second story of the building, shall also provide a good rope or other
life line for each sleeping-room for guests in such stories. [1883, April 19: 80 v.
187; Rev. Stat. 1880; 74 v. 176, § 1.]
As to fire escapes in boarding schools, see ? (4238—14).
This act applies to occupants of the second story as well as higher stories. The act is not confined to
cities and villages; tenement house defined; want of notice under 2574: Rose v. King, 49 O. S. 213.
Where the owner of the factory is one person, and the owner of the building in which the factory is
located is another, the former is the person on whom the duty named in the statute is enjoined: Lee v. Smith,
42 O. S. 458. Owen, J. dissented.
SEC. 2573a. [State divided into districts for the inspection of work-
shops and factories.] For the purpose of facilitating an efficient and thor-
ough inspection of workshops and factories throughout the state of Ohio, and
to provide an adequate inspecting force, therefor, the state is hereby divided
into three inspection districts, as follows: The counties of Cuyahoga, Lake,
Geauga, Ashtabula, Trumbull,_ Portage,_Summit, Medina, Lorain, Wayne,
Stark, Mahoning, Columbiana, Holmes, Tuscarawas, Carroll, Jefferson, Harri-
son, Coshocton, Belmont, Ashland, Richland, Huron, Erie, Crawford, Seneca,
Sandusky, Ottawa, Lucas, Wood, Henry, Fulton, Defiance, Williams, Wyandot,
Hancock, Putnam, and Paulding, shall compose the first district. The counties
of Franklin, Delaware, Morrow, Marion, Knox, Union, Madison, Fayette, Pick-
away, Ross, Pike, Scioto, Licking, Muskingum, Guernsey, Noble, Monroe, Wash-
ington, Morgan, Perry, Fairfield, Hocking, Athens, Vinton, Meigs, Jackson,
Gallia, and Lawrence, shall compose the second district. The counties of Hamil-
ton, Clermont, Brown, Adams, Highland, Clinton, Warren, Butler, Greene,
Clarke, Montgomery, Preble, Miami, Champaign, Darke, Logan, Shelby, Mercer,
Hardin, Allen, Auglaize and Van Wert, shall compose the third district.
SEC. 2. [Appointment of inspectors.] The governor shall appoint one
chief inspector, by and with the advice and consent of the senate, who, with
the approval of the governor, shall appoint three district inspectors. The chief
inspector and district inspectors shall be competent and practical mechanics.
The chief inspector shall hold his office for the term of four years, and shall
have his office in the state house, where shall be kept the records of his office,
and the district inspectors shall hold their office for the term of three years,
from the first day of May after their respective appointments, and until their
successors are appointed and qualified; the first appointments hereunder shall
be made within thirty days from the passage of this act; in case of the resigna-
tion, removal or death of the chief inspector, the vacancy shall be filled in the
manner above provided for original appointments for the unexpired term only,
of the position so made vacant.
SEC. 3. [Duties of inspectors.] The chief inspector, and district inspect-
ors shall give their whole time and attention to the duties of their offices
respectively; it shall be their duty to visit all shops and factories in their
respective districts as often as possible, to see that all the provisions and require-
ments of this act are strictly observed and carried out; they shall carefully
inspect the sanitary condition of the same, [and it shall be their duty] to
examine the system of sewerage in connection with said shops and factories,
the situations and conditions of water-closets or urinals in and about such
shops and factories, and also the system of heating, lighting and ventilating
all rooms in such shops and factories where persons are employed at daily labor;
also as to the means of exit from all such places in case of fire or other disaster,
and also all belting, shafting, gearing, elevators, drums and machinery of every
kind and description in and about such shops and factories, and see that the
same are not located so as to be dangerous to employes when engaged in their
·
1360
$ 2573a-2.
PUBLIC HALLS, ETC.
Tit. XII, Div. 8, Ch. 8.
ordinary duties, and that the same so far as practicable are securely guarded,
and that every vat, pan or structure filled with molten metal or hot liquid shall
be surrounded with proper safe-guards for preventing accident or injury to
those employed at or near them; and that all such are in a proper sanitary con-
dition, and are adequately provided with means of escape in case of fire or other
disaster. [1885, April 29: 82 v. 178; 81 v. 106.]
Duties as to requiring seats for female employes, see ? (4364 −69).
Duties as to bakeries etc., see ? 4364–71).
Duties where wearing apparel or tobacco goods are made, see ? (4364—80).
Duties where dust creating machinery used, see ? (4364--86).
Duties as to employment of minors in dangerous occupations, see ? (6986—3).
Chief inspector of workshops and factories or district inspectors to enforce act requir-
ing hand rails for stairways in certain buildings, see? (4238—16).
Duty under act as to employment of minors, see ? (6986—8), (—10).
SEC. 4. [Record of examinations.] The district inspectors shall make a
record of all examinations of shops and factories in their respective districts,
showing the date when made, the condition in which such shops and factories
are found, and what changes were ordered, the number of shops and factories
in their respective districts, the number of men, women and children employed
in each shop or factory, together with all such other facts and information of
public interest concerning the condition of such shops and factories as they may
think useful and proper, which record shall be filed in the office of the chief
inspector every week, to be by him recorded, and so much thereof as may be of
public interest, to be included in his annual report.
SEC. 5. [Rules and regulations governing district inspectors.] The
chief inspector shall issue such instructions, make such rules and regulations
for the government of the district inspectors, not inconsistent with the powers
and duties vested in them by law, as shall secure uniformity of action and pro-
ceedings throughout the different districts.
SEC. 6. [Salaries, expenses, etc.] The salary of the chief inspector shall
be fifteen hundred dollars ($1,500) per annum, and the district inspectors one
thousand dollars ($1,000) each per annum, which salaries and all necessary
traveling expenses incurred by said inspectors in the discharge of their official
duties, shall be paid out of the treasury of the state from any fund therein not
otherwise appropriated, on the warrant of the auditor, on the presentation to
him of the proper vouchers; but for said traveling expenses the sum paid shall
not exceed five hundred (500) dollars per annum for each inspector; provided
that the chief inspector is hereby authorized to draw his order on such district
fund as may not be needed for such district, in favor of the district inspector
of such district as may require more than said fund of five hundred dollars
($500). That a contingent fund of six hundred (600) dollars be created out of
the funds of the treasury for office expenses. [82 v. 178; 81 v. 106, 107.]
SEC. 2573a-2. [Additional district inspectors; appointment, etc.;
assignment for service.] That authority be and is hereby given to appoint
eight additional district inspectors; and they shall be appointed in the same
manner and possess the same qualifications, and whose term of office shall be
the same and on the same conditions, and receive the same compensation as
the three district inspectors authorized by said section 2573a, including sections.
two and three thereof. The chief inspector may assign said additional inspec-
tors for service in the present districts, or change and make new and smaller
districts, and make such assignments of all the district inspectors as the good
of the service may require. [89 v. 133.]
For "
an act to provide for the collection of information relative to accidents occurring
in the workshops and factories of the state" (85 v. 99), see ? (2573--1) et seq.
SEC. 2573b. [Inspector to have free access to all shops and factories.]
The said inspector shall have entry into all such shops and factories, including
all public institutions of the state which have shops and factories, or either,
1361
Tit. XII, Div. 8, Ch. 8.
PUBLIC HALLS, ETC.
§ 2573c.
at any reasonable time, and it shall be unlawful for the proprietors, agents or
servants in such factories or shops to prevent, at reasonable hours, his entry
into such shops and factories for the purpose of such inspection.
[Proof of failure to comply with order; liability of proprietor.] And
proof of the failure of the proprietor of any shop or factory to make the
alterations or furnish the safeguards ordered by the inspector, within the time
required by law, shall be deemed prima facie evidence of negligence and shall
render such proprietor liable for any injury sustained by reason of such failure
to make such alterations or furnish such safeguards. [93 v. 113; 86 v. 116; 82
v. 178, 179; 81 v. 106, 107.]
The act of 1889, March 19 (86 v. 116), in place of repealing 25736 as passed 1885, April 29 (82 v. 178), repealed
25736 as passed 1884, April 4 (81 v. 106), which latter enactment had been repealed by the act of 1885, April 29.
Section 25736 as enacted 1885, April 29, is therefore still in force, so far as any express repeal of it is concerned.
It is as follows:
"SEC. 25736. [Right to enter shops and factories.] That said inspectors shall have entry into all such shops.
or factories at all reasonable times, and it shall be unlawful for the owner, proprietors, agents or servants in
such factories or shops to prevent, at all reasonable hours, their entry into such shops or factories, for the
purpose of such inspections.
SEC. 2573c. [Notice of necessary alterations or additions; penalty
for not making same.] That said inspectors, if they find upon such inspec-
tion that the heating, lighting, ventilation or sanitary arrangement of any
shop or factory is such as to be injurious to the health of persons employed or
residing therein, or that the means of egress in case of fire or other disaster is
not sufficient, or that efficient means for extinguishing fire is not provided on
each floor, or that the belting, shafting, gearing, elevators, drums and machinery
in such shops and factories are located so as to be dangerous to employes, and
not sufficiently guarded, or that the vats, pans or structures filled with molten
metal or hot liquid are not surrounded with proper safeguards for preventing
accident or injury to those employed at or near them, shall notify the owners,
proprietors or agents of such shops or factories, or report the same to the chief
inspector, who shall notify, in writing, the owners, proprietors or agents of such
shops or factories by mailing such notification to the last known address of
such owners, proprietors or agents to make the alterations or additions neces-
sary without delay; provided, however, that for such of the alterations and
additions ordered as may be of such nature as to make it impossible to com-
ply with immediately, the chief inspector may grant from fifteen (15) to thirty
(30) days' time from date of first notification to such owners, proprietors or
agents, in which to make such alterations and additions, and if such altera-
tions are not made within the limit of time granted, such owners, proprietors
or agents so notified, shall be deemed guilty of a misdemeanor, and upon con-
viction thereof, shall be fined not more than five hundred (500) dollars, and
not less than fifty (50) dollars, and ten (10) dollars additional for each day after
such conviction, until such alterations and additions necessary have been made,
which fine shall be paid into the treasury of the county in which conviction
is had.
[Record of examination.] The district inspectors shall make a record of
all examinations of shops and factories in their respective districts, showing
the date when made, the condition in which such shops and factories are found,
and what changes were ordered, the number of shops and factories in their re-
spective districts, the number of men, women and children employed in each
shop or factory, together with all such other facts and information of public in-
terest, concerning the condition of such shops and factories, as they may think
useful and proper, which record shall be filed in the office of the chief inspector
every week, and so much thereof as may be of public interest to be included
in his annual report.
[Instructions, rules and regulations for government of district inspect-
ors.] The chief inspector shall issue such instructions, make such rules and
regulations for the government of the district inspectors not inconsistent with
87
1362
§ (2573c-1).
PUBLIC HALLS, ETC.
Tit. XII, Div. 8, Ch. 8.
the powers and duties vested in them by law, as shall secure uniformity of
action and proceedings throughout the different districts.
[Salaries and expenses of inspectors.] The salary of the chief inspector
shall be two thousand dollars ($2,000) per annum, and the district inspectors,
one thousand dollars ($1,000) each per annum, which salaries and all necessary
traveling expenses incurred by said inspectors in the discharge of their official
duties, shall be paid out of the treasury of the state, from any fund therein.
not otherwise appropriated, on the warrant of the auditor, on the presentation
to him of the proper vouchers. [93 v. 30; 90 v. 308; 89 v. 113.]
See (2573d).
(2573c-1) [Inspector of manufacture etc., of explosives; appoint-
ment, etc.] That the chief state inspector of workshops and factories shall
appoint, from among the district inspectors of workshops and factories whose
appointments are now authorized by law, at least one inspector who shall be
a skilled and experienced person, thoroughly conversant with the manufacture
and use of powder, dynamite, nitro-glycerine, fuses or other explosives and
their compounds, whose duty it shall be to inspect all the manufacturing estab-
lishments in the state of Ohio wherein the manufacture of powder, dynamite,
nitro-glycerine, compounds, fuses or other explosives are manufactured, and all
magazines or store-houses wherein such explosives are stored, and he shall per-
sonally inspect the process of manufacture, the handling and storage of such
explosives, and may direct and order any changes or additions that he may
deem necessary in or about such manufactories, magazines or store-houses for
the safety of the employes and the public; and when on inspection it is found
that any manufactory, magazine or store-house mentioned herein is in such close
proximity with any residence or dwelling as to cause accident in case of an
explosion, the said inspector may cause the said explosives to be removed to a
place of safety, the distance to be calculated by the quantity and quality of
the explosives so stored or manufactured; and the said inspector may, with
the advice of the chief inspector, advise such rules and regulations as he may
deem necessary, in addition to the provisions of the statutes now giving au-
thority to the inspector of workshops and factories and his assistants, all of
which shall be applicable to the places of manufacturing, sale and storage of
explosives as named in this statute. [90 v. 164; 89 v. 307.]
Manufacture, use and sale of dynamite, see ?? (2438-21) et seq. and 6953.
For indictment hereunder: Corthell v. State, 11 C. C. 570; 5 O. D. 123.
(2573c-2) [Enforcement of act, etc.] The said inspector of work-
shops and factories shall enforce the provisions of this act under the same con-
ditions and penalty as applied in section 2573c of the Revised Statutes, as
passed March 17, 1892; and this act shall take effect and be in force from and
after its passage. [89 v. 307.]
(2573c—3). [Additional salary of inspector of manufacture, etc.,
of explosives.] Provided, however, that one district inspector, skilled, experi-
enced, and thoroughly con versant with the manufacture of powder, dynamite,
nitro-glycerine, fuses, and other explosives, and their compounds, and whose
duty it is to personally inspect their manufacture, handling and storage, as pro-
vided in section 1 of an act, entitled "An act to regulate the manufacture, sale
and use of dynamite within the state of Ohio, so as to provide for the inspection
of such and to protect the public from the dangers of explosion," as amended
April 12, 1893 [§ 2573c—1], shall be entitled to, and be paid, a salary of eight
hundred dollars per annum in addition to that named and provided for in
said supplementary section 2573c. [92 v. 353.]
SEC. 2573d. ["Shops and factories" defined; who to make perma-
nent improvements ordered by state inspector.] The term "shops and
factories," as used in section 25736 and 2573c of the Revised Statutes, shall be
3
1363
§ (2573—1).
held to include the following: Manufacturing, mechanical, electrical, mercan-
tile, art and laundering establishments, printing, telegraph and telephone offices,
railroad depots, hotels, memorial buildings, tenement and apartment houses;
and in case it is found on inspection under section 2573c that the means of
egress in case of fire or other disaster is not sufficient in any shop or factory,
as defined herein, or when found necessary for cutting through walls or floors
for additional exit, or providing additional stairways as exit on the inside or
outside of such shops and factories, or where it is necessary for changes or ad-
ditions for ventilation, sewerage or water-closets, or plumbing in connection
with closets, or for additional means of lighting by windows or by skylights, or
for providing efficient safety-gates at elevator openings, or guarding hatchways,
for any hoisting apparatus in floors or outside of any such shops and factories,
or for the repair of elevators or gearing, or for the repair of walls, roofs, ceilings,
stairways or doors, or any other improvements necessary for the health or
safety of employes or persons occupying such shops and factories, such changes or
additions being of a permanent and fixed character, and which, after provided,
become a permanent fixture and the property of the owner or owners of the
building or buildings of such shops and factories, the owner or agent for the
owner of such building shall be required by the state inspector, upon the notice
and under the penalties of the said section 2573c, to provide the necessary fire-
escapes or other changes and additions as are mentioned in this section. [90
v. 190; 89 v. 113; 88 v. 64.]
Tit. XII, Div. 8, Ch. 8. PUBLIC HALLS, ETC.
(2573-1) SEC. 1. [Manufacturers to report accidents to chief inspec-
tor of workshops.] It shall be the duty of all manufacturers of the state, to for-
ward by mail to the chief inspector of workshops and factories, at Columbus,
a report of each and every serious accident, resulting in bodily injury to any
person, which may occur in their establishment, giving particulars of the
same as fully as can be ascertained, upon blanks which shall be furnished by
the chief inspector of workshops and factories. If death shall result to any
employe from any such accident, said report shall contain the age, name, sex
and employment of the deceased, whether married, the number of persons, if
any, deprived of support in consequence thereof, and the cause of the acci-
dent, if known. If the accident has caused bodily injury of such a nature as
to prevent the person injured from returning to his or her employment within
six or more days after the occurrence of the accident, then the report shall
contain the age, name, sex and employment of the disabled, the nature and
extent of the injury received, how caused, if known, how long continuously
disabled, loss of time and wages therefrom, and if possible the expenses
thereby incurred in full. [85 v. 99.]
(2573-2) SEC. 2. [Report of accidental death or injury; penalty
for failure.] Any manufacturer who shall fail to comply with the re-
quirements of this act in each case of death by accident within seven days
thereafter, and in each case of injury by accident within thirty days there-
after, shall be deemed guilty of a misdemeanor, and on conviction thereof
before any court of competent jurisdiction, shall be fined in any sum not less
than ten dollars nor more than fifty dollars.
[Manufacturer defined.] The term manufacturer, as applied in section
one and in section two of this act, shall be held to mean any person who, as
owner, manager, lessee, assignee, receiver, contractor, or who, as agent of any
incorporated company makes or causes to be made or who deals in any kind
of goods or merchandise, or who owns, controls or operates any street railway
or laundrying establishment, or is engaged in the construction of buildings,
bridges or structures, or in loading or unloading vessels, or cars, or moving
heavy materials, or operating dangerous machinery, or in the manufacture or
use of explosives. [93 v. 43; 85 v. 99.]
1364
§ (2573-3).
PUBLIC HALLS, ETC.
Tit. XII, Div. 8, Ch. 8.
(2573-3) SEC. 3. [Blanks for reports to be furnished by chief in-
spector of workshops; proviso.] It shall be the duty of the chief inspector
of workshops and factories to supply all blanks necessary to make said re-
ports as required in this act, and to prosecute all violations of this act when
the same shall come to his knowledge; provided, that the furnishing of said
blanks shall be a condition precedent to prosecution in any case. [85 v. 99.]
SEC. 2574. [Duty of mayor to require such escapes; penalty for fail-
ure to comply.] It shall be the duty of the mayor of each city or village to
require the owner or agent for owner of any factory, workshop, tenement
house, or inn or public house, within the meaning of the next preceding sec-
tion,*to comply with the requirements of said section within sixty days from
the serving of a notice by the mayor so to do, unless such owner or agent for
owner shall have previously complied with the requirements of said preceding
section, and if any such owner or agent of owner neglects or refuses to comply
with the requirements of the next preceding section within the time specified
in said notice, he shall forfeit not less than fifty nor more than three hundred
dollars for each and every month he so fails to comply therewith, the amounts
so forfeited to be recovered in the name of and for the use of such city or vil-
lage in an action in the police court or other competent tribunal; such owner
or agent for owner may also be held for civil damages to the party injured.
[1883, April 19: 80 v. 187, 188; Rev. Stat. 1880; 74 v. 176, §2; 76 v. 33, §1.]
*The "next preceding section" referred to is 22573.
The civil liability is not dependent on the mayor having given this notice: Rose v. King, 49 O. S. 213.
SEC. 2575. [Mayor, etc., to examine building once a year; compensa-
tion.] It shall be the duty of the mayor of such city or village, personally, or
by the marshal or head of police of such city or village, or other proper per-
son whom the mayor may appoint acting under the direction of the mayor, as
inspectors of fire-escapes to carefully examine such factories, workshops, tene-
ment houses, inns or public houses once in each year, and report all violations
of the provisions of sections twenty-five hundred and seventy-three and twenty-
five hundred and seventy-four to the council of such city or village, when pro-
ceedings shall be commenced, without unnecessary delay, against the person so
offending, and said mayor, marshal, or head of police, or person so appointed
by the mayor to act as inspector of fire-escapes shall be entitled to receive for
said notices and said examination such fees as the council may by ordinance
provide. [1883, April 19: 80 v. 187, 188; Rev. Stat. 1880; 74 v. 176, §3.]
1365
Tit. XII.
BUILDING LAWS.
Div. 8, Ch. 8a.
CHAPTER 8a.
BUILDING LAWS.
SECTION
CLEVELAND.
2575-1. Cleveland; appointment of inspector of
buildings; term; removal; salary; assis-
tant and deputy; their appointment, sal-
aries, terms.
2575-2. Oath and bond.
2575-3. Office; records to be kept; annual report
to county auditor; annual and monthly
reports to mayor.
2575-4. Inspection of buildings.
2575-5. Application for permit to build, repair,
alter, etc.; statement, plans, and specifi-
cations to be submitted; granting of cer-
tificate; issue of permit; cost of permits;
appeal from refusal to grant certificate;
inspector's answer; powers of board of
improvements to determine such appeal;
record of papers and testimony.
2575-6. Blank forms: building agreements; unlaw-
ful to proceed without permít; revoca-
tions of permits; penalty for work on
building after revocation.
2575-7. Penalty for violations of this act.
2575-8. Meaning of terms.
2575-9. Fire limits.
2575-10. Building within fire limits.
2575-11. Exemptions from fire limits; sheds: eleva-
tors; green houses; privies, quays, etc.
2575-12. Alterations, additions, and repairs.
2575-13. Rebuilding regarded as new building;
when.
2575-14. Thicknesses of external and party walls;
minimum thickness; height of topmost
story: height of wall: length of walls
division walls; return wall; recesses and
openings; recesses and chases; when
length of wall shall not be considered;
when stories exceed a certain height;
height of story; construction of walls.
2575-15. Erection or alteration of external walls
near traveled street.
2575-16. Liability for damages to adjoining property
for excavations below standard depth.
2575-17. Foundation walls, and their footings.
2575-18. Excavations under sidewalk to be walled
and covered; how.
2575-19. Backing of exterior walls over three stories
high faced with stone; walls not carried
up together; cut stone work; pressed
brick work.
2575-20. Wall anchors; joist anchors.
2575-21. Chimney walls and linings; fire-places;
hearths; chimney tops and anchors;
corbelling out of chimneys; foundations,
walls, and tops of large flues.
2575-22. Placing of timbers in walls and masonry.
2575-23. Scuttle frames in roofs; iron stairs to bulk-
heads; skylights.
2575-24. Roofing in fire limits; appendages.
2575-25. Walls between wooden buildings.
2575-26. Fall pipes, and their connections.
2575-27. Stairways; scantling partitions.
2575-28. Fire-proof shutters, etc., necessary; when.
2575-29. Provisions relating to construction of heat-
ing apparatus; inspectors's approval.
2575-30. Protection against molten metal and hot
liquids.
2575-81. Elevators.
2575-32. Fire-escapes; notice to erect fire escapes ;
penalty for failure to erect same.
2575-33. Fire-proof vaults for wood-working fac-
tories.
2575-34. Fire-proof doors and stairways required in
certain buildings.
SECTION
2575-35. Moving of buildings.
2575-36. Licensing of house-movers; bond.
2575-37. Certificate to move or raise building; per-
mit.
2575-38. Theaters and public buildings.
2575-39. Theatrical scenery; gas mains; stage lights;
exits.
2575-40. Means of exit, and entrance to churches.
2575-41. Stand pipes and water plugs required in
certain buildings.
2575-42. Cellars used for dwellings.
2575-43. Height of habitable rooms.
2575-44. Light and air areas in tenements, hotels,
etc.
2575-45. Ventilation of sleeping rooms.
2575-46. Light and air shafts for habitable rooms.
2575-47. Substitutes for water-closets.
2575-48. Removal or repair of insecure buildings,
etc.
2575-49. Public buildings for exhibitions, shows,
etc.
2575-50. Unlawful to proceed without permit.
2575-51. Officers' right of entry into buildings, etc.
2575-52. Enforcement of foregoing provisions by in-
junction, etc.
CINCINNATI.
2575-53. Cincinnati; appointment of inspector of
buildings; term; removal; salary and
fees; assistant inspector; deputies and
clerk.
2575-54. Oath and bond.
2575–55. Office; record of permits; annual and
monthly reports to mayor; annual re-
port to county auditor.
2575-56. Duties of inspector; notice to inspect; pen-
alty for neglect to inspect when notified.
2575-57. Applications for building permits; fees for
granting building permits.
2575-58. Inspector to furnish blank forms; building
agreements; revocation of permits; pen-
alty for work on building after revocation.
2575-59. Penalty for violation of provisions of this
act.
2575-60. Meaning of certain terms in this act defined.
2575-61. Establishment or extension of fire limits.
2575-62. Buildings within fire limits.
2575-63. Buildings exempt from provisions of Sec. 10.
2575-64. Alterations in, or additions to, buildings;
repairs.
2575-65. Rebuilding regarded as new building;
when.
2575-66. Rules governing thickness of external and
party walls: dwelling house class; ware-
house class.
2575-67. Erection or alteration of external walls
near traveled street.
2575-68. Liability for damages to adjoining property
for excavation below standard depth;
what constitutes such depth.
2575-69. Foundation walls and their footings.
2575-70. Excavations under sidewalk to be walled
and covered; how.
2575-71. Backing of exterior walls over three stories
high faced with stone; walls not carried
up together; cut stone work; pressed
brick work.
2575-72. External and party walls above ground
floor to be anchored; how.
2575-73. Chimney walls and linings; fire places;
hearths: chimney tops; chimney an-
chors; chimneys forming, and not form-
ing part of wall; walls and tops of large
flues.
1366
§ (2575—1).
BUILDING LAWS.
Tit. XII, Div. 8, Ch. 8a.
SECTION
2575-74. Placing of timbers in walls and masonry.
2575-75. Scuttles and bulkheads; iron stairs to bulk-
heads; skylights.
2575-76. Roofing; appendages.
2575–77. Division walls between wooden buildings.
2575-78. Metallic fall pipes and their connections.
2575-79. Stairway partitions; scantling partitions.
2575-80. Fire-proof doors, shutters, etc., required
on certain buildings.
2575-81. Heating apparatus.
2575-82. Vats of hot liquid, etc.
2575-83. Elevators.
2575-84. Inspection of elevators.
2575-85. Elevator provided with sliding door, etc.
2575-86. Who to run same in emergency.
2575-87. Mechanical device.
2575-88. Inspector of elevators to inspect.
2575-89. Penalty.
2575-90. Report to chief of police.
2575-91. Who to run same.
2575-92. Penalty.
2575-93. Fire escapes; power and duties of fire es-
cape and smoke inspector; notice to erect
fire escapes; penalty for failure to erect
same (held unconstitutional).
2575-94. Fire-proof vaults for wood working factories.
2575-95. Penalty for using, etc., certain buildings
lacking fire-proof doors and stairways.
2575-96. Removal of wooden buildings.
2575-97. Licensing of house-movers; bond.
2525-98. Removal permits; inspector's fee.
2575-99. Theaters, etc.
2575-100. Theatrical scenery; gas mains; stage lights;
exits.
2575-101. Means of exit and entrance to churches.
2575-102. Stand pipes and water plugs required in
certain buildings.
2575-103. Cellars used for dwelling purposes.
2575-104. Height of habitable rooms.
2575-105. Space required between front and rear of
tenement houses, lodging houses and
hotels, and other buildings,
2575-106. Communication between sleeping rooms
in such houses and the external air.
2575-107. Light and air shaft for habitable rooms.
2575-108. Substitutes for water-closets.
2575-109. Licensing of plumbers and sewer tappers;
bond required; suspension of license;
revocation thereof.
2575-110. Plans of certain pipes to be furnished and
approved; certificate of acceptance of
plans, etc.; repairs.
2575-111. Drainage; sewer connections; water clos-
ets; catch basin water-closets.
2575-112. House drainage; waste and soil pipes;
fall; traps: clean-outs; air inlets; trap-
ping of rain-water leaders.
2575-113. Ventilation of such pipes.
2575-114. Requirements in iron pipes; certain pipes
to be tested by water pressure.
| SECTON
2575—115. Traps, pipes, and vents for bath tubs,
water-closets, etc.
2575-116. Overflow pipes and waste pipes from re-
frigerators.
2575-117. Water supply for water-closets; flushing
pipes.
2575-118. Inspection of pipes, etc.; test of plumbing
work.
2575-119. Removal or repair of insecure buildings,
etc.
2575-120. Buildings authorized by board of public
affairs.
2575-121. Building contrary to provisions of this act
declared unlawful.
2575-122. Officers' right of entry into buildings, etc.
2575-123. Enforcement of foregoing provisions by
injunction, etc. (held unconstitutional).
TOLEDO.
2575-124. Building inspector for Toledo.
2575-125. Ordinance to regulate building.
2575-126. Unlawful to build contrary to same.
2575-126a. Application of building permits; issuing
of same; cost of permit.
2575—1266. Furnishing of blank forms; revocation
of permit.
2575-126c. Penalty for violations of act.
VILLAGES CUYAHOGA CO.
2575–127. Authorizing councils of certain villages to
grant building permits.
2575-128. Record to be kept.
2575-129. Statement upon which permits issued to
be furnished to assessors.
2575-130. Penalty for violation.
FIRE ESCAPES, SMOKE CONSUMERS, ETC.
2575-131. Fire escapes in cities of the first and sec-
ond grades of the first class; penalty for
obstructing the same.
2575-132. Fire-proof vault to be provided in mills
and factories in cities of the first grade,
first class.
2575-133. Permits to use certain portion of building
to be issued; when.
2575-134. Provisions as to steam boiler furnaces.
2575-135. Smoke prevention.
2575-136. Provision concerning supervising engi-
neer in cities of the first grade of the
first class.
2575-137. Supervising engineer to take an oath and
give bond.
2575-138. His office and duties; how provisions of
this act applied in cities of the second
grade of first class.
2575-139. Penalty for violations not herein provided
for.
CLEVELAND.
(2575-1) SEC. 1. [Cleveland: appointment of inspector of build-
ings; term; removal; salary; assistant and deputy; their appointment,
salaries and term. 87 v. 174; 85 v. 289. Repealed by Cleveland govern-
mental act, § (1545-85), for present inspector in Cleveland, see § (1545—53).]
(2575-2) SEC. 2. [Oath and bond.] The inspector of buildings
shall, before he enters upon the duties of his office, take and subscribe an oath
to faithfully and impartially execute the duties of his office, and shall give
bond in the sum of $15,000.00, with two or more sufficient securities, to be
approved by the city solicitor, conditional for the faithful performance of his
duties, and shall devote his entire time to the same. [85 v. 289.]
(2575-3) SEC. 3. [Office; records to be kept; annual report to
county auditor; annual and monthly reports to mayor.] The said
inspector shall be furnished an office in the city hall, or such other place
as shall be provided by the common council, where it shall be his duty
to keep a record of all the certificates issued, which shall be regularly
1367
Tit. XII, Div. 8, Ch. 8a.
BUILDING LAWS.
§ (2575-4).
numbered in the order of their issue, and also a record of the statement upon
which the certificates are issued, and shall report the same annually upon
the second Monday of April to the county auditor. He shall also keep a
record of the number, description, class, size and cost of every building or
structure erected in the city during his term of office, for which certificates
were issued, and shall report the same to the mayor annually; he shall also
file a monthly report. made under oath to the mayor on or before the tenth of
each month for the month preceding, of the number of certificates issued,
money received, and cost of structures erected in such city. [85 v. 289.]
(2575-4) SEC. 4. [Inspection of buildings.] It shall be the duty
of the inspector appointed under the provisions of this act to inspect any
building or structure which may be in the course of construction or alteration
within the limits of such city, and to see that each building or structure is
being constructed or altered according to the provisions of this act, and all acts.
and ordinances in force in such city, if the said inspector is served with a
written notice by the owner, contractor or contractors of any building or struct-
ure to inspect said building in progress of construction or alteration, he or his
deputies shall do so. [85 v. 289.]
(2575-5) SEC. 5. [Application for permit to build, repair, alter,
etc.; statement, plans, and specifications to be submitted; granting of cer-
tificate; issue of permit; cost of permits; appeal from refusal to grant
certificate; inspector's answer; powers of board of improvements to de-
termine such appeal; record of papers and testimony.] When any person
or persons shall be desirous of erecting, repairing, changing or altering any
building or structure within the limits of such city, he or they shall make
application at the office of the inspector for a certificate for that purpose, and
shall furnish said inspector with a written statement of the location, with a
pertinent description of the land or number of sub-lot, allotment, name of
owner, and street, which description shall accompany the report to the county
auditor as provided in section 3 of the act of which this act is amendatory,
and intended use of the proposed building or structure, the estimated cost,
together with the plans and specifications of the same, which shall be delivered
to the said inspector and remain in his custody a sufficient length of time to
allow the necessary examination to be made of the same, and shall have access
to the same at any time; after which, if it shall appear to the said inspector
that the laws and ordinances of such city are complied with, he shall give the
certificate asked for. The said inspector may, however, issue permits for repairs,
alterations or additions, or for similar structures without plans or specifica-
tions. The applicant shall present the certificate to the city clerk, who shall
issue a permit in accordance therewith upon the payment of the following.
prescribed fees: The sum of fifty cents for the permit, when the cost of the
building or structure does not exceed two thousand dollars, and one dollar
when the cost is more than two thousand dollars, and an additional sum of one
cent for each and every one hundred cubic feet of contents of said buildings
or structures, except for barns, ice-houses, coal and lumber and other sheds, for
which one-quarter of one cent per one hundred cubic feet of contents shall be
charged. And fifty cents for alterations or additions to old structures or build-
ings where the cost is five hundred dollars ($500.00) or less, and fifty cents for
every additional five hundred dollars or part thereof added to the cost of the
same. Provided, that when the cost is $2,000.00 or over, an additional charge
of $1.00 shall be made for the permit. And provided, also, that when the cost
is less than fifty dollars, no charge shall be made for a permit; and for each
and every inspection of hot air flues or steam pipes under, in or over wood
floors or inclosed in wood or frame partitions, the sum of $1.00 shall be charged.
1368
$ (2575-6).
BUILDING LAWS.
Tit. XII, Div. 8, Ch. 8a.
In case the inspector shall refuse to give an applicant the certificate applied for,
such applicant may appeal to the board of control of such city. The afore-
said appeal shall state the reasons for such appeal and for what further reasons
the certificate should be granted, all of which shall be in writing and accom-
panied by a certified check, payable to the city treasurer, covering the cost of
aforesaid fees. Such appeal shall be submitted to the inspector for answer
thereto, which answer shall also be in writing. The said board shall have the
power to call in such other testimony bearing upon the case, and upon being
satisfied may instruct the inspector in writing to issue the certificates applied
for. Should said board refuse to authorize the inspector to issue such certifi-
cate, the aforesaid certified check shall be forfeited to the city. All papers
and testimony relating to cases of appeal shall be recorded in books kept for
such purpose in the inspector's office. In case the owner or his agent shall
fail to give the correct estimated cost for the work for which a permit is issued,
the inspector of buildings or his assistants may add the cost of such work, to
the best of their knowledge and belief. [88 v. 90; 87 v. 174; 85 v. 289.]
(2575-6) SEC. 6. [Blank forms; building agreements; unlawful to
proceed without permit; revocation of permits; penalty for work on building
after revocation.] Blank forms for the detailed statement as herein required
may be obtained at the office of the inspector, which the applicants shall fill
out and the owner or owners, his or their agents, shall sign the agreement
contained in said statement, that he or they will in all respects construct the
work in compliance with the provisions of this act, and the ordinances of such
city, and it shall not be lawful to proceed to construct, alter or repair any
building or structure within the limits of such city without such permit.
Every permit issued shall be subject to revocation should the inspector become
convinced that the work done under said permit is proceeding in violation of
law. Revocation of a permit shall be in writing, and shall be served on the
owner, superintendent or contractor in charge of the work, or posted on the
property, and from and after such revocation of permit, all parties doing any
work or furnishing any material in or about said structure, buildings or prem-
ises shall be guilty of a misdemeanor within the terms of this act, and subject
to fine or imprisonment as herein provided. [85 v. 289.]
(2575-7) SEC. 7. [Penalty for violations of this act.] That any
person, firm or corporation, either as owner, contractor or architect, or any
agent, trustee, director, officer or employe of any person, firm or corporation
who violates or authorizes a violation of any provision of this act, shall be
guilty of a misdemeanor, and be subject to a fine not exceeding the sum of one
thousand dollars, or an imprisonment not exceeding three months, or both, in
the discretion of the court or judge imposing same. [85 v. 289.]
(2575-8) SEC. 8. [Meaning of terms: public building, warehouse
class, dwelling-house class, inspector, external wall, party wall, division
wall, base of brick wall, footing course.] In this act the following terms
shall have the meanings respectively assigned to them:
(a) "Public buildings" means every building used as a church or other
place of public worship; also every building used as a college, school, public
hall, hospital, theater, public concert-room, public ball-room, public lecture-
room, or for any public assemblage.
(b) Buildings of the "warehouse class" shall comprise buildings used for
the storage of merchandise, manufactories in which machinery is operated,
breweries and distilleries.
(c) Buildings of the "dwelling-house class" shall comprise all buildings,
except public buildings, and buildings of the "warehouse" class.
1369
Tit. XII, Div. 8, Ch. 8a.
BUILDING LAWS.
§ (2575-9).
(d) Inspector means the "inspector of buildings" appointed under provis-
ions of this act.
(e) "External wall" means every outer wall or vertical enclosure of any
building, not being a party wall.
(f) "Party wall" means a wall that separates two or more buildings, and
used or to be used jointly by said separate buildings.
(g) "Division wall" means a wall that separates one part of any building
from another part of the same building.
(h) The base of a brick wall means the course immediately above the
foundation wall.
(i) Footing course means a projecting course, or courses under the base of a
foundation wall. [85 v. 289.]
(2575-9) SEC. 9. [Fire limits.] Any such city may, by ordinance,
establish or extend fire limits; and if such city shall have squares blocked for
fire protection, the same shall be considered to mean "fire limits" under this
act. [85 v. 289.]
(2575-10) SEC. 10. [Buildings within fire limits.] All buildings
hereinafter erected within the "fire limits" of such city shall be enclosed with
walls constructed of brick, stone, or any other hard incombustible substances,
and the foundation shall rest upon solid ground, concrete, or other solid and
sufficient substructure. [85 v. 289.]
See ? 2473.
(2575-11) SEC. 11. [Exemptions in fire limits; sheds; elevators;
green-houses; privies, quays, etc.] The following buildings and erections
are exempt from the provisions of the preceding section: sheds, the extreme
height of which do not exceed twelve feet, built on wharves, to be used for any
lawful purpose. Temporary sheds of the same height to facilitate the building
of authorized buildings; elevators of any height for the storage of coal or grain.
All external parts of said elevators shall be covered with incombustible material,
and materials used and the mode of construction shall be approved by the in-
spector. Green-houses, so far as regards the necessary wood-work of doors,
frames and such; all privies not more than ten feet square and ten feet high,
bridges, quays and wharves. [87 v. 175; 85 v. 289.]
(2575-12) SEC. 12. [Alterations, additions, and repairs.] Any
work of alteration or addition made for any purpose, into or upon any build-
ing, shall, to the extent of such work or alteration, be subject to the regulations.
of this act. The said inspector may, however, issue a permit without charge
for the repairs necessary for the maintenance of the building. [85 v. 289.]
(2575—13) SEC. 13. [Re-building regarded as new building, when.]
Whenever any old building shall be torn down, or burned to the extent exceed-
ing one-half of such building (such half to be measured in cubic feet) the
rebuilding thereof shall be termed the erection of a new building, and every
portion of such old building that is not in conformity with the regulations and
provisions of this act, shall be forthwith taken down. [85 v. 289.]
(2575-14) SEC. 14. [Thicknesses of external and party walls; min-
imum thickness; height of topmost story; height of wall; length of walls;
division walls; return wall; recesses and openings; recesses and chases;
when length of wall shall not be considered; when stories exceed a certain
height; height of story; construction of walls.] The external and party
walls shall be made throughout the different stories of the thicknesses shown in
the following tables, arranged according to the heights and length of the walls
up to one hundred feet in height:
1370
$ (2575-14).
BUILDING LAWS.
Tit. XII, Div. 8, Ch. 8a.
(a) The thickness of every wall as herein determined shall be the minimum
thickness.
(b) The height of every topmost story shall be measured from the level of
its floor up to the underside of the tie of the roof, or up to the vertical height
of the rafters, when the roof has no tie, and the height of every story shall be
the clear height of such story exclusive of the thickness of the floor.
(c) The height of every external and party wall shall be measured from the
base of the wall to the level of the top of the topmost story.
(d) Walls are deemed to be divided into distinct lengths by return walls,
and the length of every wall is measured from the center of one return wall to
the center of another; provided, that such return walls are external, or party
cross walls of the thickness herein required, and bonded into the walls so deemed
to be divided.
(e) Division walls shall not be less than two-thirds the thickness of the
party or external walls of the same heights and lengths, but never less than 9
inches thick, except when used as partition walls and are not bearing walls,
and not more than 12 feet high.
(f) No wall sub-dividing any building shall be deemed a return wall as
before mentioned in this act, unless it is two-thirds the height of the external
or party walls.
(g) If the recesses or openings in party, external or division walls, the same
being bearing walls, exceed one-half the entire area of the wall in the story in
which they are made, the thickness of said walls shall be 4 inches greater than
set forth in the tables.
(h) Recesses and chases may be made in walls, provided that in party and
external walls, backs of recesses and chases shall not be less than 9 inches thick,
and in division walls not less than 4 inches thick; chases shall be so spaced
as not to unduly weaken the wall.
(i) If the center of any external or party wall is not more than twenty-five
feet distant from the center of any other external or party wall to which it is
tied by the beams of any floor or floors other than the ground floor, or the floor
of any story formed in the roof, the length of such wall is not to be taken into
consideration, and the thickness of the wall will be found in the column marked
"A," in the following tables.
(k) If any story exceeds in height sixteen times the thickness prescribed for
the walls of such story in the following tables, the thickness of each external
and party wall throughout such story shall be increased to one-sixteenth part
of the height of the story; but any such additional thickness may be confined
to piers properly distributed, of which the collective widths shall amount to
one-fourth part of the length of the wall.
(1) No story enclosed with wall less than thirteen inches in thickness shall
be more than eleven feet in height.
(m) Every wall constructed of brick, stone or other incombustible substances
shall be solidly put together with lime or cement mortar and properly bonded
1371
Length up to-
One story.
Two stories....
Three stories..
Four stories..
Topmost story…….
Wall below.
Topmost story
Remainder...
50 feet.
Length up to-
From base to top of wall,
9 inches.
Tit. XII, Div. 8, Ch. Sa.
Height up to--
24 feet.
36 feet. 48 feet.
60 feet.
37 feet.
Unlimited.
Unlimited.
A
A
A
TABLE No. 2-0.-PUBLIC BUILDING AND WAREHOUSE CLASS.
Unlimited.
BUILDING LAWS.
TABLE NO. 1-N.-DWELLING-HOUSE CLASS.
50 feet.
Unlimited.
A
17 in. 17 in.
50 feet.
Unlimited.
50 feet.
Unlimited.
9 in.
9 in. 9 in. 9 in. 9 in.
13.in.
9 in.
13 in. 13 in. 13 in. 13 in.
9 in. 9 in. 9 in. 9 in. 13 in. 13 in. 13 in. 13 in. 13 in. 13 in. 13 in.
72 feet.
84 feet.
100 feet.
50 feet.
Unlimited.
50 feet.
A
A
A
21 in. 21 in.
17 in. 17 in.
21 in.
•
17 in. 17 in. 17 in.
17 in. 17 in.
Height up to—
36 feet.
48 feet.
60 feet.
72 feet.
84 feet.
100 feet.
50 feet.
Unlimited.
50 feet.
Unlimited.
50 feet.
Unlimited.
50 feet.
A
Topmost story...
9 in.
Two topmost stories..
Three topmost stories....
First story
Two stories..
Four stories.
Remainder
[85 v. 289.]
13 in.
From base to top of
wall, 9 inches.
A
A
A
A
9 in.
13 in.
13 in.
13 in. 13 in.
13 in.
13 in.
13 in.
17 in.
13 in.
21 in.
17 in. 17 in. 17 in. 17 in.
13 in.13 in. 17 in. 17 in. 17 in. 17 in. 21 in 21 in. 21 in. 26 in
(2575-15) SEC. 15. [Erection or alteration of external walls near
traveled street.] Whenever any person or persons or corporation shall be
about to erect or alter the external walls of a building, within five feet of the
line of a traveled street, said person, persons or corporations shall cause the por-
tion of said site of said building bordering on said street to be enclosed by a
fence not less than six feet high and at least seven feet from the line of such
building, and, if such fence shall prevent passage on the sidewalk, shall lay and
maintain a plank sidewalk around the same not less than thirty-six inches
wide, and said fence shall be made as much higher, and the walk as much
wider, and they both shall be constructed in such manner as the inspector
shall direct; said person, persons or corporation shall take such precautionary
measures in lieu of the above as the inspector may direct. [85 v. 289.]
Unlimited.
50 feet.
Unlimited.
Unlimited.
§ (2575-15).





1372
§ (2575-16).
BUILDING LAWS.
Tit. XII, Div. 8, Ch. 8a.
(2575-16) SEC. 16. [Liability for damages to adjoining property
for excavations below standard depth.] If the owner or possessor of any lot.
or land, digs or causes to be dug, any cellar, pit, vault or excavation to a greater
depth than twelve feet below [of] the curb of the street on which such land or
lot abuts, or, if there be no curb, below the surface of such adjoining lots, and
by such excavation causes any danger to any wall, house or any other build-
ing upon the lots adjoining thereto, such owners or possessors shall be liable, in
a civil action to the party injured, to the full amount of the damage aforesaid.
Such owner or possessor may dig, or cause to be dug, any such cellar, pit or
excavation to the full depth, or [of] any foundation wall of any building upon
the adjoining lots, or to the full depth of twelve feet below the established
grade of the street whereon such lot abuts, without reference to the adjoining foun-
dation walls, without incurring the liability prescribed in this chapter. [85 v. 289.]
But see nine-foot limit in ?? 2676, 2677.
(2575-17) SEC. 17. [Foundation walls and their footings.] Proper
foundation walls or piers and their footings of masonry or other suitable
material, shall be provided for the support of buildings. All foundation walls
shall be at least four inches thicker than the base of the wall of the story next
above them. The bottom of foundation or footings of external walls or piers
shall be at least four feet below the ground surface exposed to frost. [85 v. 289.]
(2575-18) SEC. 18. [Excavations under sidewalk to be walled and
covered: how.] Any person desirous of utilizing the space under the side-
walk in front of any building owned by him shall construct a sufficient wall
of masonry to retain the roadway of the street, and shall extend the side,
division and party walls of such building under the sidewalk to such curb
wall. No plain surface of glass or iron greater than 3 inches in diameter shall
be placed in any sidewalk. [85 v. 289.]
(2575-19) SEC. 19. [Backing of exterior walls over three stories
high faced with stone; walls not carried up together; cut stone work;
pressed brick work.] In all buildings over three stories high, walls faced
with stone shall have backing of the thickness specified for walls where no fac-
ing is used, unless the stone facing is laid in alternate courses of different
thicknesses, so as to bond on to the backing at least 4 inches every two feet in
height, when the backing may be 4 inches less in thickness. Walls not carried
out together must be anchored every 6 feet in their height by good and suffi-
cient wrought iron anchors 36 inches long, ends to be turned up 2 inches.
Cut stone work must be properly cramped and anchored together and to back-
ing. Pressed brick work to be properly bonded to backing. [85 v. 289.]
(2575-20) SEC. 20. [Wall anchors; joist anchors.] External and
party walls above the ground floor shall be securely anchored, at least every 8
feet to each tier of joists with wrought-iron hooked end anchors, provided with
proper "T" or other iron heads. Where joists are supported by girders, the
anchorage must be made continuous by "dog-anchors" of proper proportions,
or other approved system. Anchors parallel with joists, to be not less than 2
feet long; anchors at right angles to joists not less than five feet long. [85 v. 289.]
(2575-21) SEC. 21. [Chimney walls and linings; fire-places;
hearths; chimney tops and anchors; corbelling out of chimneys; foun-
dations; walls and tops of large flues.] (a) No chimney or smoke flue
shall be built with less than 4 inches inclosing and division walls, and shall
be lined with terra cotta fire-clay linings or plaster on the inside, and on the
outside where passing between timbers. Chimneys where there are not flues
shall be built solid.
(b) In the construction of fireplaces, no jamb or back shall be less than 9
inches thick, and a brick arch or a sufficient bar of iron shall be provided over
the opening to support the breast.
(c) Hearths of open fireplaces shall be of stone or other incombustible sub-
stance, and shall rest on brick trimmer-arches or other fire-proof material
1373
Tit. XII, Div. 8, Ch. 8a.
BUILDING LAWS.
§§ (2575-22).
which arches or other material shall be not less than 18 inches wide in front of
the breast.
(d) Chimney-tops shall be at least 4 feet above the roof, and any chimney
carried to a height above the roof more than six times its thickness, shall be
properly anchored or otherwise made secure.
(e) Chimneys forming part of a wall shall not be corbelled out beyond the
face of the wall more than two-thirds of the thickness of the wall (without the
permission of the inspector as to method and extent of such corbelling).
Every chimney not forming part of a wall shall rest upon the ground or other
sufficient fire-proof foundation.
(f) Flues larger than 250 square inches and less than 500 square inches, shall
be surrounded with walls not less than 8 inches thick; and the walls of such
flues above the inlet funnel shall be 12 inches thick for the first 15 feet around
and above such inlet; tops of such chimneys to be at least eight feet above the
roof, or five feet above the highest part of the roof within fifty feet of such chim-
ney. Flues with more than 500 and less than 800 inches area shall have not
less than sixteen-inch walls opposite the inlet and ten feet above the same, and
not less than twelve-inch walls for the next thirty-six feet; top of chimney
ten feet above the roof, or seven feet above the highest part of the roof within
fifty feet of such chimney. [85 v. 289.]
(2575-22) SEC. 22. [Placing of timbers in walls and masonry.] In
no building shall any timber or woodwork be placed within six inches of any
smoke-flue, or within two inches of the face of the wall enclosing a flue (unless
the face of the wall is plastered). Timbers in "party walls" shall be sepa-
rated from each other by solid masonry not less than 4 inches thick. Joists
built into walls of masonry shall be beveled at an angle of 45 degrees from the
junction of the wall and the upper edge of the joists. Every trimmer over six
feet long in floors constructed to carry more than 70 pounds per square foot of
surface shall be hung in suitable stirrup iron of wrought-iron. All timbers
shall have sufficient bearing on their supports to insure stability. In all build-
ings where the joists are carried on girders, a cut off partition or row of solid
bridging not less than 1 inches thick shall be set in and solidly nailed over
the girder so as to fill spaces between joists and prevent the passage of fire and
smoke. [85 v. 289.]
(2575-23) SEC. 23. [Scuttle frames in roofs; iron stairs to bulk-
heads; skylights.] Buildings of the "warehouse" class over one story high,
and in other buildings where required by the inspector, shall have in the roof
scuttle frames and covers,or bulkheads and doors not less than 2 feet by 3 feet
6 inches, made of or covered with fire-proof material, and such scuttles and
bulkheads shall have iron ladders or iron stairs securely bolted to floors and
frames; such scuttles, bulkheads and stairs shall be ready for use at all times.
The doors in such scuttles or bulkheads shall not be locked, but must be fast-
ened by movable bolts or hooks. Skylights on roofs shall be protected with a
sufficient guard railing when so required by the inspector. [85 v. 289.]
(2575–24) SEC. 24. [Roofing in fire limits; appendages.] Weather
coverings of roofs within the fire limits shall be made of incombustible mate-
rial. Appendages such as skylights, dormer windows, cornices, gutters, mold-
ings, eaves, parapets, balconies, bay windows, towers, spires, ventilators, erec-
tions over elevators, turret, lantern-light or other erections on roofs, if not
wholly fire-proof, shall be enveloped with incombustible material. [85 v. 289.]
(2575-25) SEC. 25. [Walls between wooden buildings.] In the
erection of wooden buildings in blocks of two or more, the said buildings shall
have division or party walls of incombustible material, said walls to extend up
to the under side of roof boards. [85 v. 289.]
(2575-26) SEC. 26. [Fall pipes and their connections.] Buildings
shall be provided with proper metallic "fall pipes," which shall be connected
1374
§ (2575-27).
BUILDING LAWS.
Tit. XII, Div. 8, Ch. 8a.
with a sewer, when such building abuts upon an alley or street in which a
public sewer is located, otherwise the water shall be carried to the street gutter
in a manner approved by the inspector. [85 v. 289.]
(2575-27) SEC. 27. [Stairways; scantling partitions.] Stairways
shall not be enclosed with partitions made of planks, boards, flooring, or scant-
ling, unless plastered on both sides or covered with metal (except in private.
residences). Scantling partitions shall not be employed as supporters of any
floor or roof (except in private residences). [85 v. 289.]
Handrails required for stairways in buildings, see? (4238—15).
(2575-28) SEC. 28. [Fire-proof shutters, etc., necessary, when.]
Openings in walls of buildings over two stories high, in the warehouse class, and
located opposite any other building having openings and not more than thirty
feet distant, shall be provided with doors, blinds or shutters made of, or covered
with, fire proof material. The doors or shutters shall be hung on cast iron
eyes or frames. Prismatic lights in iron frames shall be equivalent for fire-
proof shutters. Every opening in "party walls" shall be closed by two such
fire-proof doors as above described, hung to cast iron eyes or frames on the
opposite sides of the jambs of the opening. [85 v. 289.]
(2575-29 SEC. 29. [Provisions relating to construction of heating
apparatus; inspector's approval.] (a) Stationary boilers, heating furnaces
of all kinds, also every oven or stove used for heating or manufacturing pur-
poses, shall be placed on fire-proof foundations and provided with proper
hearths, and the floor space around the same shall be covered with incombusti-
ble and non-conducting substances.
(b) No unprotected structural wood-work or other combustible material
shall be located within four feet of any part of a stationary boiler, or within
20 inches of any stove, oven or heating furnace before mentioned.
(c) No pipes conveying heated air or steam shall be placed nearer than 6
inches to any unprotected combustible material.
(d) Hot air conductors built in between timbers or other combustible
material within 10 inches of the same, shall be made double, with at least 4-inch
space between the two envelopes.
(e) Hot air registers shall be set in incombustible borders, and openings in
floors for registers shall be lined with metal.
(f) All the foregoing provisions of this section shall be subject to the
approval of the inspector. [85 v. 289.]
(2575-30) SEC. 30. [Protection against molten metal and hot
liquids.] In every factory or workshop, all machinery and appliances con-
nected therewith, also every vat, pan or other structure with molten metal or
hot liquids, shall be constructed in such a manner and so guarded as to protect
those employed in their operation and use, or about them. [85 v. 289.]
(2575-31) SEC. 31. [Elevators.] Elevators located and operated in
the well-holes of stairways shall, together with the stairs and the landing
thereof, be constructed of fire-proof material. All elevators so required in the
judgment of the inspector shall be inclosed with walls of incombustible
material, or with substantial stud partitions covered with metal lathing and
three coats of plastering on each side, and said walls or partitions shall be car-
ried through the roof. All elevator openings through floors shall be protected
by proper rails or gates, or the openings in floors through which the elevator
passes shall be closed with trap doors covered on the under side with metal.
The roof over every elevator within a shaft, as above provided, shall be formed
with a sky-light of sheet glass, of at least one-half the area of the shaft. [85 v. 289.]
(2575-32) SEC. 32. [Fire escapes; notice to erect fire escapes;
penalty for failure to erect same.] All buildings, except such as are used for
private residences exclusively, in such city of the first class, second grade, of
three or more stories in height, shall be provided with one or more suitable
fire-escapes, extending from the first story to the upper stories of such build-
1375
Tit. XII, Div. 8, Ch. 8a.
BUILDING LAWS.
§ (2575-33).
ing, and above the roof, and on the outer walls thereof, in such location and
numbers, and of such material and construction as the inspector may deter-
mine. After such determination by the said inspector, he may, at any time,
by a notice served upon the owner, lessee or occupant of any such building,
by leaving with such owner, lessee or occupant, or at his or their residence or
place of business, a copy of such notice, require such owner, lessee or occupant,
or either of them, to cause such metallic fire-escape to be placed upon such
building within thirty days after the service of such notice; provided, how-
ever, that all buildings more than two stories high, used for manufacturing
purposes, shall have one suitable fire-escape for every twenty-five persons or
less employed above the second story, or a fire-proof stairway. In case the
lessee, owner or occupant, or either of them, so served with notice as aforesaid,
shall not, within thirty days after the service of such notice upon him or
them, place or cause to be placed such suitable fire-escape upon such building
as required by this article and the terms of such notice, he or they shall be
subject to a fine of not less than $10.00 nor more than $100.00, and to a further
fine of $50.00 for each week of such neglect to comply with such notice after
the service of the same. [85 v. 289.]
As to fire escapes, see also ?? 2574, (2575-131) et seq.
As to fire escapes in boarding schools, see? (1238—14).
(2575-33) SEC. 33. [Fire-proof vaults for wood-working factories.]
No buildings within the limits of such city of the first class shall be used or
occupied, in whole or in part, for any of the trades or occupations hereinafter
mentioned, to-wit: planing-mill, sash, door, and blind factories, wagon or car-
riage factories, cabinet and furniture manufactories, wood-turning and veneer-
ing works, agricultural implement manufactories, box or shingle factories, or
any other wood-working factory, two or more stories in height, unless such
building so occupied shall have in connection with it a brick or fire-proof vault.
of sufficient capacity to contain all shavings, saw-dust, chips, or other light
combustible refuse connected therewith; all such shavings and other light com-
bustible refuse or material shall be removed daily from such premises to such
vault, and all such shavings or light combustible refuse shall be removed daily
from any and every carpenter, cooper, or wood-working shop not herein speci-
fied. [85 v. 289.]
See ? (2575-132).
(2575-34) SEC. 34. [Fire-proof doors and stairways required in
certain buildings.] No person shall hereafter, either as owner, lessee or agent,
use or occupy, or permit the use and occupation of any store, factory, work-
shop, or other structure, where any person or persons shall be employed as
workmen or workwomen, for wages in any trade or occupation, unless every
such store, factory, workshop or other structure shall be provided with sufficient
fire-proof doors and stairways for the escape of employes in the event of fire or
other accident happening, under the penalty of not less than $25.00 for each
and every offense, and a further penalty of $50.00 for each and every day each
owner, lessee or agent shall, after the first conviction, neglect or refuse to com-
ply with any provisions in this section. [85 v. 289.]
(2575-35) SEC. 35. [Moving of buildings.] Any person desiring to
move a building, shall first obtain a written consent to such removal from per-
sons owning a majority of feet front of lots within two hundred feet in the
same block,on same street in which it is proposed to locate such removed build-
ing, and also a majority of persons owning front feet opposite the proposed
location and within one hundred and fifty feet of the same; no wooden build-
ing within or without the fire limits shall be moved to any lot within said
limits where it would be in violation of law to build such wooden building.
[85 v. 289.]
(2575-36) SEC. 36. [Licensing of house-movers; bond.] No per-
son, except a licensed house mover shall remove or raise any building within
1376
§ (2575—37).
BUILDING LAWS.
Tit. XII, Div. 8, Ch. 8a.
the limits of such city of the first class, first [second] grade; and every such
person shall annually, before engaging in such occupation, obtain a license
therefor from the city clerk, and no such license shall be granted until the
party applying therefor shall have given a bond in the sum of one thousand
dollars, with good and sufficient sureties, to be approved by the city solicitor,
conditional among other things, that said party will pay any and all damages
which may happen to any tree, pavement, street or sidewalk, or to any tele-
graph pole or wire belonging to said city, whether said damage or injury shall
be inflicted by said party or his agents, employes or workmen; and conditioned,
also, that said party shall, will save and indemnify, and keep harmless, said
city against all liabilities, judgments, damages, costs and expenses which may
in anywise accrue against said city in consequence of the granting of such per-
mit or license, and will in all things strictly comply with the conditions of his
permit. [85 v. 289.]
(2575-37) SEC. 37. [Certificate to move or raise building; permit.]
Upon execution of said bond and its acceptance by the city solicitor, a license
shall be issued, and the said licensed person shall, in each and every instance,
before removing or raising any building, obtain a certificate so to do from the
inspector, and shall pay to the city clerk, a fee of two dollars, whereupon the
city clerk shall issue a permit stating specifically all the conditions, prescribing
the route to be taken, and limiting the time of removal. [85 v. 289.]
(2575-38) SEC. 38. [Theaters and public buildings.] Every thea-
ter, opera house, concert hall, or building to be used for public entertainments
(except churches), hereafter erected, altered or changed, shall have at least one
front on the highway or public street, and in front there shall be suitable means
of entrance and exit for the audience; an open space shall be reserved for the
use of the audience in leaving the building, and for service in the event of fire,
to be on two or three sides of the portion of the structure in which the audi-
torium and stage are placed. No portion of any building hereafter erected,
altered, changed, or used, or to be used for any of the above purposes, shall be
occupied or used for offices, a hotel, boarding or lodging house, factory, or for
storage purposes, unless the same is completely isolated by brick walls, which
shall pass through and above the roof at least two (2) feet; and no workshop or
storage room for theatrical purposes shall be allowed above the auditorium.* If
the carpenter shops and property rooms for the storage of furniture and other
accessories be provided for on the premises, they shall be separated from the
other portions of the theater by means of fire-proof partitions and ceilings,
and the painted scenery and other decorations, when not in use, shall be stored
in a contiguous store room, but they shall be enclosed with fire-proof partitions,
ceilings and floors, and no place in the building shall be used for the storage
or sale of any article, classified by insurance companies as hazardous or extra
hazardous material. All ventilating shafts from the ceiling line shall be of
fire-proof material, and shall pass at least four (4) feet above the roof. The
roof over the stage shall have skylights or lanterns equal in area to at least
one-tenth of said roof, and the whole shall be so arranged as to open instantly
on the cutting or burning of a hempen cord, which shall be so arranged to hold
said skylight closed, or some other device in the judgment of the inspector
may be used if equally as simple.
All seats in the auditorium, except those contained in the boxes, shall be
firmly secured to the floors, and no seat in the auditorium shall have more
than six (6) seats intervening between it and the aisle, and no obstruction
shall be placed in any aisle or passage way. All aisles and passage ways in the
auditorium shall be in proportion to the seating capacity. All doorways, passages,
corridors, [and] stairways shall be in proper proportion to the capacity of
the house and the several parts of the same to which they lead and with which
they communicate. Every auditorium accommodating three hundred persons,
shall have not less than two exits; when accomodating five hundred persons,
1377
Tit. XII, Div. 8, Ch. 8a.
BUILDING LAWS.
§ (2575-39).
not less than three exits shall be provided, and no doorway of exit or entrance
for the use of the public shall be less than six feet in width; and for every one
hundred persons additional or portions thereof, to be accommodated in excess
of five hundred persons, twenty inches additional exit capacity shall be allowed;
all doors of exit or entrance shall open outwardly, and no such doors of exit
or entrance shall be locked during any representation, or when the building is
open to the public. Distinct and separate places of exit and entrance shall be
provided for each gallery above the first floor. A common place of exit may
serve for the main floor of the auditorium and the first gallery, the latter to be
provided with two independent staircases. Not less than two independent
staircases with direct exterior outlets shall be provided for galleries above the
first gallery, and shall be located on the opposite sides of the same, and the
latter staircases shall be inclosed up to the floor to which they lead. When
straight stairs return directly upon themselves, a landing of the full width of
both flights and of the depth of not less than once and a half the length of
the steps, shall be provided; stairs turning at an angle must have a proper
landing without risers or winders at the turn. In stairs where two side flights
connect with one main flight, the width of the main flight must be equal to
the aggregate width of the side flights. The ceilings of the auditorium and of
the corridors, passages, lobbies and staircases shall be lathed with iron or wire
laths, or fire-proof tiling, and finished with three good coats of mortar, or other
incombustible material.
All inclosed staircases, shall have on both sides a strong handrail, firmly
secured to walls. No passage leading to any stairs or exit shall be less than the
width of the stairs with which they communicate. The wall separating the
stage from the auditorium, also the several division walls separating the audi-
torium from the vestibule or other apartments devoted to the use of the public,
shall be constructed of brick or other fire-proof material. The wall between
the stage and the auditorium shall be carried through and above the roof at
least 24 inches, and doorways in said wall shall not exceed 21 superficial feet
each, and shall have doors covered on the stage side with sheet metal; said
doors shall be self-closing. Partitions enclosing and separating dressing-rooms,
and the ceilings of same, shall be covered with three coats of plaster, or metal
lathing, or shall be constructed with corrugated sheet iron or other fire-proof
material. The proscenium, or curtain opening of every theater shall have a
curtain of fire-resisting material. Such curtain shall be lowered at the begin-
ning and end of each performance. [85 v. 289.]
There are two sections in this act, each designated as ? 38.
(2575-39) SEC. 38. [Theatrical scenery; gas mains; stage lights;
exits.] All scenery shall be constructed of fire resisting material; said cur-
tain and scenery shall, in their material, construction, and mechanism be
approved by the inspector. Gas-mains supplying any of the above named
places shall have connections independent of the stage and auditorium, and
proper provisions shall be made for cutting or shutting off the gas from the out-
side, contiguous to the premises. All stage lights shall have strong metal wire
guards or screens of sufficient fineness, that materials coming in contact there-
with shall not be in danger of the flames. Every exit shall have over the
same, on the inside, the word "exit" painted in large letters not less than eight
inches in length. [85 v. 289.]
See note to preceding section.
(2575-40) SEC. 39. [Means of exit and entrance to churches.]
Any building, hall, or room hereafter erected and used for church purposes,
seating 300 persons or over, shall have not less than two means of exit and
entrance, with direct outdoor connections to same.
All exit doors shall open
outward. Stairways, lobbies, and doors shall be in proper proportion to the
capacity of the church. [85 v. 289.]
88
1378
§ (2575-41).
BUILDING LAWS.
Tit. XII, Div. 8, Ch. S
(2575-41) SEC. 40. [Stand pipes and water plugs required in
certain buildings.] Every building used for purposes of public entertain-
ment, mentioned in the preceding section, shall have at least one stand-pipe
and water-plug connected with the water pipes of the city, placed on the stage
or platform in its immediate vicinity. The same shall be put in, under the
direction and to the satisfaction of the fire marshal of said city, and hose with
nozzle and stopcock shall be attached to such stand-pipe, and said hose shall
be of sufficient length to extend to the farthest limit of such building, and
shall be kept in good order and ready for use at all times. Every such build-
ing with accommodation for one thousand or more persons, also every build-
ing more than 80 feet high, covering an area of more than five thousand super-
ficial feet shall have a proper 24-inch metallic stand-pipe on the outside of the
building accessible from street or alley, extending above the roof and so
arranged that a fire engine hose can be attached. All hose and coupling shall
conform to the size and pattern adopted by the fire department. [85 v. 289.]
(2575-42) SEC. 41. [Cellars used for dwellings.] Every cellar or
any portion thereof occupied for dwelling purposes, shall be at least 8 feet in
height from floor to ceiling in every part thereof, and not less than 4 feet of the
height shall be above the surface of the ground adjoining or nearest thereto;
there shall also be an area provided across the entire frontage of same, not less
than 3 feet wide in every part, and said area shall begin six inches below
the level of the floor of said cellar, and extend up to the surface of the ground.
Every such cellar shall be properly drained, and be provided with a flue or open
fireplace with flue; and each apartment of such cellar shall have a window
not less than nine square feet, clear opening of frame provided with movable
sash. Steps required as access to such cellar shall not cover said window,
in whole or in part. [85 v. 289.]
either
(2575-43) SEC. 42. [Height of habitable rooms.] Every habitable
room hereafter constructed, except in the roof, shall be at least 7 feet high in
the clear in every part of the same; and habitable rooms constructed in the
roof of any building, shall be at least 7 feet high in clear for a space of one-half
of the area of such room. [85 v. 289.]
66
(2575-44) SEC. 43. [Light and air areas in tenements, hotels, etc.]
Every house designated to be used in whole or in part as a "tenement-house,
lodging" house or hotel, shall have a clear open space between the front and
rear of such building and any other building proportioned to the height of
such building as follows: Between buildings one-story high, a space 10 feet
wide; two stories high, a space 15 feet wide; three-stories high, a space 20 feet
wide; buildings more than three stories high, a space 25 feet wide; and in every
case the length of this space shall not be less than three-quarters the distance
of the width of the buildings. [85 v. 289.]
4
(2575-45) SEC. 44. [Ventilation of sleeping-rooms.] Every room
in such building used as a sleeping-room, which does not communicate directly
with the external air, shall have a movable window or transom-sash not less
than three feet square, which shall open into an adjoining apartment which
has direct communication with the external air. [85 v. 289.]
(2575-46) SEC. 45. [Light and air shafts for habitable rooms.]
Light and air shafts for habitable rooms shall be at least twelve square feet in
area for three-story houses and less; sixteen square feet in area for a four-story
house, and twenty square feet in area for a five-story house, and never less than
three feet wide in the clear. Shafts common to two houses shall be double the
above areas. [85 v. 289.]
(2575-47) SEC. 46. [Substitutes for water-closets.] The construc-
tion and use of an earth-closet, desiccating-closet, or any contrivance for the
reception and deodorization of focal matter as a substitute for a water-closet is
1379
Tit. XII, Div. 8, Ch. 8a.
BUILDING LAWS.
(2575-48).
permitted, subject to the approval of the inspector as to location and construc-
tion of same. [85 v. 289.]
(2575-48) SEC. 47. [Removal or repair of insecure buildings, etc.]
The owner or other party having an interest in any building, staging or other
structure, or anything attached to or connected with a building or other struct-
ure which shall be unsafe so as to endanger life, shall immediately upon
notice received from the inspector, cause the same to be made safe and secure,
or taken down, and where the public safety requires immediate action, the
inspector may enter upon the premises with such assistants as may be neces-
sary, and cause the said structure to be secured or taken down without delay,
and the passers-by to be protected at the expense of such owner or party inter-
ested. [85 v. 289.]
(2575-49) SEC. 48. [Public buildings for exhibitions, shows, etc.]
That whenever any person, firm, corporation, exposition commission, or the
officers of such city, shall wish to erect public buildings for exhibitions, shows
or for other purposes, and desire to use in the same plans and materials which
do not conform to the requirements of this act, the same may be authorized by
the "board of improvements of such city," provided the plans and specifica-
tions for the same meet with the approval of the said inspector. [85 v. 289.]
(2575-50) SEC. 49. [Unlawful to proceed without permit.] That
it shall be unlawful for any one, either as owner, agent, architect, contractor,
superintendent or employe to proceed in the work of placing materials upon,
or furnishing any labor in the construction of a new building or structure, or
the alteration of an old building in any city of the first class of the second
grade, without first obtaining a permit therefor, and without conforming to all
the requirements of this act. [85 v. 289.]
(2575-51) SEC. 50. [Officers' rights of entry into buildings, etc.]
All the officers appointed under this act, or any future amendments to the
same, shall, so far as may be necessary for the performance of their respective
duties, have the right to enter any building or premises in such cities of the
first class, second grade. [85 v. 289.]
(2575-52) SEC. 51. [Enforcement of foregoing provisions by in-
junction, etc.] Any court having equity jurisdiction, in term time or vacation,
may, on the application of the inspector, by any suitable process or decree in
equity suit brought in the name of such city, enforce the provisions of this act,
and may, on such application, issue an injunction to restrain the use or occu-
pation of any building or structure in such city, erected, altered, maintained or
used in violation of this act. [85 v. 289.]
As to the constitutionality of this section, see note to
(2575-93).
For"
an act to provide for the better protection of human life, etc. in cities of the first
and second grade of the first class" (86 v. 135), ? (2575-131).
See 3 of an act to prevent the erection of dangerous buildings for public use (86 v.
381), (4238-1)
CINCINNATI AND COLUMBUS.
This act is made applicable to Columbus, see ? (1545-207), except that the inspector
is appointed by the board of public works, see ? (1545-206).
(2575-53) SEC. 1. [Cincinnati: appointment of inspector of build-
ings; term; removal; salary and fees; assistant inspector; deputies and
clerk.] The mayor of the city shall appoint in every city of the first class of the
first grade one person who shall be an architect or builder, as "inspector of build-
ings" in said city of the first class, who shall hold such office for the term of two
years from and after the date of his appointment, subject to the provisions and
stipulations of this act hereinafter provided, and until his successor is duly ap-
pointed and qualified, but may be removed by said mayor for malfeasance,
1380
འ
§ (2575—54).
BUILDING LAWS.
Tit. XII, Div. 8, Ch. 8a.
misfeasance or nonfeasance in office; the said inspector shall receive an an-
nual salary of $3,000, which shall be in full for all services to be performed
by him, and all fees received by him shaft be paid to the city treasurer on or
before the tenth day of each month for the month preceding; and the said in-
spector shall devote his entire time to the inspection of buildings, and shall
not be interested in any other branch of the building business. Said in-
spector shall have an "assistant inspector of buildings," at a salary not to ex-
ceed $1,500 per annum, and an assistant who shall act as an "inspector of
plumbing" at a salary not to exceed $1,200 per annum, two deputy inspec-
tors, who shall act as assistants to the inspector of buildings at a salary not to
exceed one thousand dollars per annum each, and one assistant inspector, who
shall act as inspector of elevators, at a salary not to exceed $1,500 per annum,
one deputy inspector who shall act as assistant to the inspector of plumbing at
a salary not to exceed $1,000 per annum, one assistant who shall act as book-
keeper and examiner of plans at a salary not to exceed $1,000 per annum;
said salaries shall be payable as the salaries of other officers, and all such as-
sistants appointed by the inspector of buildings shall be competent and ex-
perienced mechanics, and of such trade or profession as shall, in the opinion
of the inspector of buildings, be of greatest service to the department. [90 L.
L. 254; 85 v. 34.]
But in Columbus the board of public works appoints the inspector, see ? (1545—206). ·
(2575-54) SEC. 2. [Oath and bond.] The inspector of buildings
shall, before he enters upon the duties of his office, take and subscribe an oath
to faithfully and impartially execute the duties of his office, and shall give
bond in the sum of $15,000.00, with two or more sufficient securities, to be
approved by the city solicitor, conditional for the faithful performance of
his duties. [85 v. 34.]
(2575-55) SEC. 3. [Office; record of permits; annual and monthly
reports to mayor; annual report to county auditor.] The said inspector shall
keep an office in the city hall or such other place as shall be provided by the
common council, where it shall be his duty to keep a record of all the permits
issued, which shall be regularly numbered in the order of their issue, and also
a record of the statement upon which the permits are issued. He shall also
keep a record of the number, description, class, size and cost of every building
or structure erected in the city during his term of office, for which permits were
issued, and shall report the same to the mayor annually; he shall also file a
monthly report made under oath to the mayor on or before the tenth of each
month for the month preceding, of the number of permits issue[d], money
received, and cost of structures erected in said city of the first class of the first
grade. He shall also report annually on [the] 1st day of May to the county
auditor every new building erected, with a pertinent description thereof, name
and number of street, where located, and all improvements made upon old
buildings in every such city. [85 v. 34.]
(2575-56) SEC. 4. [Duties of inspector; notice to inspect; penalty
for neglect to inspect when notified.] It shall be the duty of the inspector
of buildings appointed under the provisions of this act to inspect any building
or structure which may be in the course of construction or alteration within the
limits of said city, and to see that each building or structure is being constructed
or altered according to the provisions of this act and all acts and ordinances in
force in said city; if the said inspector is served with a written notice by the
owner, contractor or contractors of any building or structure to inspect said
building in progress of construction or alteration, he or his deputies shall do
so.
And if said inspector or his deputies shall fail or neglect to attend within
twenty-four hours after such written notice has been served upon him for that
1381
fit. XII, Div. 8, Ch. 8a.
BUILDING LAWS.
§ (2575—57).
purpose, he shall forfeit and pay the sum of twenty ($20) dollars for each
and every day he shall so fail or neglect to attend beyond 24 hours, which
penalty shall be recoverable by an action at law in the name of said city for the
use of the owners or contractors of said building. He shall also have authority
to require the owners, or agents for owners, or lessees of all buildings more than
two stories in height, not occupied or used exclusively as private residences, to
provide any such building with fire-escapes, of such numbers, construction and
material, and in such location as he may determine necessary to the protection
of human life in case of fire; and after such determination by the inspector of
buildings he may, at any time, by a notice served upon the owner, agent for
the owner, or lessee of any such building, by leaving with such owner, agent for
owner or lessee, or at his or their residence or place of business a copy of such
notice, require such owner, or agent for owner, or lessee, or either of them, to
cause such fire-escape to be placed upon such building within thirty days after
the service of such notice; provided, however, that all buildings more than
two stories high, used for manufacturing purposes, shall have one fire-escape
for every twenty-five persons or less, employed above the second story, or a
fire-proof stairway. In case the lessee, owner, or agent for owner, or either of
them, so served with notice as aforesaid, shall not within thirty (30) days after
the service of such notice upon him or them, place or cause to be placed, such
fire-escape upon such building, as required by this article and the terms of
such notice, he or they shall be subject to a fine of not less than [ten] ($10) dol-
lars nor more than $100, and to a further fine of fifty ($50) dollars for each week
of such neglect to comply with such notice after the service of the same; and
the said inspector of buildings shall also have power to enforce the provisions
of this article by resort to any court having equity jurisdiction as provided in
section 51 (§ 2575–52) of the original act as passed April 16, 1888. [89 v. 415;
85 v. 34.]
Building inspector has no right to refuse permit because oriel window over sidewalk intended, if no
ordinance forbids this: State v. Tooker, 9 C. C. 558: 3 O. D. 171.
(2575-57) SEC. 5. [Applications for building permits; fees for
granting building permits.] When any person or persons or corporation shall
be desirous of erecting, repairing, changing or altering any building or struct-
ure within the limits of said city, he or they shall make application at the
office of the inspector for a permit for that purpose, and shall furnish said
inspector with a written statement of the location and the intended use of the
proposed building or structure, together with the plans and specifications of
the same, which shall be delivered to the said inspector, and remain in his
custody a sufficient length of time to allow the necessary examination to be
made of the same, and shall have access to the same at any time, after which,
if it shall appear to the said inspector, that the laws and ordinances of said city
are complied with, he shall give the permit asked for, upon the payment of the
following prescribed fees: The sum of one dollar for the permit, and an addi-
tional sum of one cent for each and every 100 cubic feet of contents of said
buildings or structures, and for additions to buildings or structures, and for
alterations to old buildings or structures the cost of which is $1,000.00 or over,
the sum of $2.00 per $1,000.00, or fractional part thereof to be charged in addi-
tion to the sum of $1.00 for the permit. For alterations to old buildings or
structures, the cost of which is less than $1,000.00, the sum of $1.00 for the
permit only will be charged. And [for] all buildings of the nature of sheds.
[there shall] be charged one dollar for the permit and an additional sum of
one-half cent for each and every hundred cubic feet of contents of said shed.
[85 v. 34.]
(2575-58) SEc. 6. [Inspector to furnish blank forms; building
agreements; revocation of permits; penalty for work on building after
revocation.] Blank forms for the detailed statement as herein required may
be obtained at the office of the inspector, which the applicants shall fill out,
and the owner or owners, his or their agents, shall sign the agreement con-
1382
$ (2575-59).
BUILDING LAWS.
Tit. XII, Div. 8, Ch. 8a.
tained in said statement, that he or they will in all respects construct the work
in compliance with the provisions of this act, and the ordinances of said city,
and it shall not be lawful to proceed to construct, alter or repair any building
or structure within the limits of said city, without such permit. Every permit
issued by the inspector shall be subject to revocation should the inspector
become convinced that the work done under said permit is proceeding in vio-
lation of law. Revocation of a permit shall be in writing, and shall be served
on the owner, superintendent or contractor in charge of the work, or posted on
the property, and from and after such revocation of permit, all contractors
performing any work in or about said structure, buildings or premises shall be
guilty of a misdemeanor within the terms of this act, and subject to fine or
imprisonment as herein provided. [85 v. 34.]
(2575-59) SEC. 7. [Penalty for violation of provisions of this act.]
That any person, firm or corporation, either as owner, contractor or architect,
or any agent, trustee, director, officer, or employe of any person, firm or corpo-
ration who violates or authorizes a violation of any provision of this act, shall
be guilty of a misdemeanor, and be subject to a fine not exceeding the sum of
one thousand dollars, or an imprisonment not exceeding three months, or both,
in the discretion of the court or judge imposing same. [85 v. 34.]
(2575-60) SEC. 8. [Meaning of certain terms in this act defined.]
In this act the following terms shall have the meanings respectively assigned to
them:
(a) "Public buildings" means every building used as a church or other
place of public worship; also every building used as a college, school, public
hall, hospital, theater, public concert-room, public ball-room, public lecture-
room, or for any public assemblage.
(b) Buildings of the "warehouse class" shall comprise buildings used for
the storage of merchandise, manufactories in which machinery is operated,
breweries and distilleries.
(c) Buildings of the "dwelling-house class" shall comprise all buildings,
except public buildings, and buildings of "warehouse class."
(d) Inspector means the "inspector of buildings" appointed under provis-
ions of this act.
66
(e) External wall" means every outer wall or vertical enclosure of any
building, not being a party wall.
(f) "Party wall" means a wall that separates two or more buildings, and
used or to be used jointly by said separate buildings.
(g) “Division wall” means a wall that separates one part of any building
from another part of the same building.
(h) The base of a brick wall means the course immediately above the foun-
dation wall.
(i) Footing course means a projecting course or courses under the base of a
foundation wall. [85 v. 34.]
(2575-61) SEC. 9. [Establishment or extension of fire limits.] The
said city may, by ordinance, establish or extend fire limits; and if said city
shall have squares blocked for fire protection, the same shall be considered to
mean fire limits" under this act. [85 v. 34.]
66
(2575-62) SEC. 10. [Buildings within fire limits.] All buildings
hereafter erected within the "fire limits" of said city shall be enclosed with
walls constructed of brick, stone, or any other hard incombustible substances,
and the foundation shall rest upon solid ground, concrete, or other solid and
sufficient substructure. [85 v. 34.]
See 2473.
(2575-63) SEC. 11. [Buildings exempt from provisions of section
10.] The following buildings and erections are exempt from the provisions
1383
Tit. XII, Div. 8, Ch. 8a.
BUILDING LAWS.
§ (2575-64).
of the preceding section: buildings used for domestic purposes not exceeding
twelve feet in height, sheds the extreme height of which do[es] not exceed
15 feet, built on wharves, to be used for any lawful purpose. Temporary
sheds of the same height to facilitate the building of authorized buildings,
elevators of any height for the storage of coal or grain. All external parts of
said elevators shall be covered with incombustible material, and materials used.
and the mode of construction shall be approved by the inspector. Green-
houses, so far as regards the necessary wood-work of doors, frames and sash, all
privies not more than ten feet square and ten feet high, bridges, quays and
wharves. [85 v. 34.]
(2575–64) SEC. 12. [Alterations in or additions to buildings;
repairs.] Any work of alteration or addition made for any purpose into or
upon any building shall, to the extent of such work or alteration be subject to
the regulations of this act. The said inspector may, however, issue a permit
without charge for the repairs necessary for the maintenance of the building.
[85 v. 34.]
(2575-65) SEC. 13. [Re-building regarded as new building, when.]
Whenever any old building shall be torn down, or burned to the extent exceed-
ing one-half of such building (such half to be measured in cubic feet) the
rebuilding thereof shall be termed the erection of a new building, and every
portion of such old building that is not in conformity with the regulations and
provisions of this act shall be forthwith taken down. [85 v. 34.]
(2575—66) SEC. 14. [Rules governing thickness of external and
party walls.] The external and party walls shall be made throughout the
different stories of the thicknesses shown in the following tables, arranged
according to the heights and length of the walls up to one hundred feet in
height.
(a) The thickness of every wall as herein determined shall be the minimum
thickness.
(b) The height of every topmost story shall be measured from the level of
its floor up to the underside of the tie of the roof, or up to the vertical height
of the rafters when the roof has no tie, and the height of every story shall be
the clear height of such story exclusive of the thickness of the floor.
(c) The height of every external and party wall shall be measured from the
base of the wall to the level of the top of the topmost story.
(d) Walls are deemed to be divided into distinct lengths by return walls,
and the length of every wall is measured from the center of one return wall to
the center of another; provided, that such return walls are external, or party
cross walls of the thickness herein required, and bonded into the walls so
deemed to be divided.
(e) Division walls shall not be less than two-thirds the thickness of the
party or external walls of the same heights and lengths, but never less than 9
inches thick, except when used as partition walls and are not bearing walls,
and not more than 12 feet high.
(f) No wall subdividing any building shall be deemed a return wall as
before mentioned in this act, unless it is two-thirds the height of the external
or party walls.
(g) If the recesses or openings in party, external or division walls, the same
being bearing walls, exceed one-half the entire area of the wall in the story
in which they are made, the thickness of said walls shall be 4 inches greater
than set forth in the tables.
(h) Recesses and chases may be made in walls, provided that in party and
external walls, backs of recesses and chases shall not be less than 9 inches
thick, and in division walls not less than 4 inches thick; chases shall be so
spaced as not to unduly weaken the wall.
(i) If the center of any external or party wall is not more than twenty-five
feet distant from the center of any other external or party wall to which it is
1384
§ (2575-66).
BUILDING LAWS.
Tit. XII, Div. 8, Ch. 8a.
tied by the beams of any floor or floors other than the ground floor, or the
floor of any story formed in the roof, the length of such wall is not to be taken
into consideration, and the thickness of the wall will be found in the column
marked "A," in the following tables.
(k) If any story exceeds in height sixteen times the thickness prescribed for
the walls of such story in the following tables, the thickness of each external
and party wall throughout such story shall be increased to one-sixteenth part
of the height of the story; but any such additional thickness may be confined
to piers properly distributed, of which the collective widths shall amount to
one-fourth part of the length of the wall.
(1) No story enclosed with wall less than thirteen inches in thickness shall
be more than eleven feet in height.
(m) Every wall constructed of brick, stone or other incombustible sub-
stances shall be solidly put together with lime or cement mortar and properly
bounded [bonded].
TABLE No. 1.-N.-DWELLING-House Class.
Length up to-
One story..
Two stories...
Three stories.
Four stories..
Topmost story.
Wall below…...
•
Topmost story
Remainder
...
Length up to-
Height up to-
26 feet.
36 feet.
48 feet.
60 feet.
72 feet.
From base to top of wall,
9 inches.
Height up to-
36 feet.
48 feet.
Topmost story......
9 in.
Two topmost stories..
Three topmost stories.
First story
Two stories.
Four stories..
Remainder...
[85 v. 34.]
13 in.
A
50 feet.
From base to top of
wall, 13 inches.
Unlimited.
37 feet.
Unlimited.
Unlimited.
50 feet.
Unlimited.
A
A
A
A
17 in. 17 in.
50 feet.
Unlimited.
17 in. 17 in.
50 feet.
Unlimited.
A
A
50 feet.
84 feet.
100 feet.

Unlimited.
A
21 in. 21 in.
9 in.
9 in. 9 in. 9 in. 9 in.
13 in.
9 in.
13 in. 13 in. 13 in. 13 in.
9 in. 9 in. 9 in. 9 in. 13 in. 13 in. 13 in. 13 in. 13 in. 13 in. 13 in.
TABLE NO. 2.—Q-Warehouse CLASS.
50 feet.
60 feet.
Unlimited.
50 feet.
Unlimited.
50 feet.
72 feet.
· •
17 in. 17 in. 17 in.
17 in. 17 in.
84 feet.
100 feet.
Unlimited.
50 feet.
Unlimited.
A
A
A
A
9 in.
13 in.
•
•
13 in.
•
•
13 in. 13 in.
13 in.
13 in.
13 in.
17 in.
13 in. 13 in. 17 in. 17 in. 17 in. 17 in. 21 in. 21 in. 21 in. 26 in.
21 in.
•
17 in. 17 in. 17 in. 17 in.
50 feet.
13 in.
Unlimited.
50 feet.
21 in.
Unlimited.


1385
Tit. XII, Div. 8, Ch. 8a.
BUILDING LAWS.
§ (2575—67).
(2575-67) SEC. 15. [Erection or alteration of external walls near
traveled street.] Whenever any person or persons or corporation shall be
about to erect or alter the external walls of a building, within five feet of the
line of a traveled street, said person, persons or corporations shall cause the por-
tion of said site of said building bordering on said street to be enclosed by a
fence not less than six feet high and at least seven feet from the line of such
building, and if such fence shall prevent passage on the sidewalk, shall lay and
maintain a plank sidewalk around the same not less than thirty-six inches
wide, and said fence shall be made as much higher, and the walk as much wider,
and they both shall be constructed in such manner as the inspector shall direct;
said person, persons or corporation shall take such precautionary measures in
lieu of the above as the inspector may direct. [85 v. 34.]
(2575-68) SEC. 16. [Liability for damages to adjoining property
for excavations below standard depth; what constitutes such depth.] If
the owner or possessor of any lot or land, digs or cause to be dug, any cellar,
pit, vault, or excavation to a greater depth than twelve feet below the curb of
the street on which such land or lot abuts, or if there be no curb, below the
surface of such adjoining lots and by such excavation causes any danger
[damage] to any wall, house or any other building upon the lots adjoining
thereto, such owners or possessors shall be liable, in a civil action to the party
injured, to the full amount to [of] the damage aforesaid. Such owner or pos
sessor may dig, or cause to be dug, any such cellar, pit or excavation to the full
depth or [of] any foundation wall of any building upon the adjoining lots or
to the full depth of twelve feet below the established grade of the street whereon
such lot abuts, without reference to the adjoining foundation walls, without
incurring the liability prescribed in this chapter. [85 v. 34.]
But see nine foot limit in ?? 2676, 2677.
Is unconstitutional as being a local law on a general subject: Hall v. Kleeman, 4 N. P. 201; 6 O. D. 323.
Emery et al. v. Coles, 5 N. P. 199.
(2575-69) SEC. 17. [Foundation walls and their footings.] Proper
foundation walls or piers and their footings of masonry or other suitable mate-
rial, shall be provided for the support of buildings. All foundation walls shall
be at least four inches thicker than the base of the wall of the story next above
them. The bottom of foundation or footings of external walls or piers shall
be at least four feet below the ground surface exposed to frost. [85 v. 34.]
(2575-70) SEC. 18. [Excavations under sidewalk to be walled and
covered, how.] Any person desirous of utilizing the space under the sidewalk
in front of any building owned by him, shall construct a sufficient wall of
masonry to retain the roadway of the street, and shall extend the side, division
and party walls of such building under the sidewalk to such curb wall. No
plain surface of glass or iron greater than 3 inches in diameter shall be placed
in any sidewalk. [85 v. 34.]
(2575-71) SEC. 19. [Backing of exterior walls over three stories
high faced with stone; walls not carried up together; cut stone work;
pressed brick work.] In all buildings over three stories high, walls faced with
stone shall have backing of the thickness specified for walls where no facing is
used, unless the stone facing is laid in alternate courses of different thicknesses,
so as to bond on to the backing at least 4 inches every two feet in height, when
the backing may be 4 inches less in thickness. Walls not carried out [up]
together must be anchored every 6 feet in their height by good and sufficient
wrought iron anchors 36 inches long, ends to be turned up 2 inches. Cut stone
work must be properly cramped and anchored together and to backing. Pressed
brick-work to be properly bounded [bonded] to backing. [85 v. 34.]
(2575-72) SEC. 20. [External and party walls above ground floor
to be anchored, how.] External and party walls above the ground floor shall
1386
§ (2575-73).
BUILDING LAWS.
Tit. XII, Div. 8, Ch. 8a.
be securely anchored, at least every 8 feet to each tier of joists with wrought-
iron hooked end anchors, provided with proper T, or other iron heads. Where
joists are supported by girders, the anchorage must be made continuous by
dog-anchors" of proper proportions, or other approved system. Anchors
parallel with joist[s] to be not less than 2 feet long; anchors at right angles to
joists not less than 5 feet long. [85 v. 34.]
((
(2575—73) SEC. 21. [Chimney walls and linings; fire-places;
hearths; chimney-tops; chimney anchors; chimneys forming and not form-
ing part of wall; walls and tops of large flues.] (a) No chimney or smoke
flue shall be built with less than 4 inches inclosing and division walls, and
shall be lined with terra cotta fire-clay linings or plaster on the inside, and
on the outside, where passing between timbers. Chimneys where there are
not flues shall be built solid.
(b) In the construction of fire places, no jamb or back shall be less than 9
inches thick, and a brick arch of [or] sufficient bar of iron shall be provided
over the opening to support the breast.
(c) Hearths of open fire places shall be of stone or other incombustible
substance, and shall rest on brick trimmer arches or other fire-proof material,
which arches or other material shall be not less than 18 inches wide in front
of the breast.
(d) Chimney-tops shall be at least 4 feet above the roof, and any chimney
carried to a height above the roof more than six times its thickness, shall be
properly anchored or otherwise made secure.
(e) Chimneys forming part of a wall shall not be corbelled out beyond the
face of the wall more than two-thirds of the thickness of the wall (without the
permission of the inspector as to method and extent of such corbelling). Every
chimney not forming part of a wall shall rest upon the ground, or other suf-
ficient fire-proof foundation.
(ƒ) Flues larger than 250 square inches and less than 500 square inches,
shall be surrounded with walls not less than 8 inches thick; and the walls of
such flues, above the inlet funnel shall be 12 inches thick for the first 15 feet
around and above such inlet; tops of such chimneys to be at least eight feet
above the roof, or five feet above the highest part of the roof within fifty feet
of such chimney. Flues with more than 500 and less than 800 inches area,
shall have not less than sixteen inch walls opposite the inlet, and ten feet
above the same, and not less than twelve-inch walls for the next thirty-six
feet; top of chimney ten feet above the roof, or seven feet above the highest
part of the roof within fifty feet of such chimney. [85 v. 34.]
(2575—74) SEC. 22. [Placing of timbers in walls and masonry.]
In no building shall any timber or wood-work be placed within six inches of
any smoke flue, or within two inches of the face of the wall enclosing a flue
(unless the face of the wall is plastered). Timbers in "party-walls" shall be
separated from each other by solid masonry not less than 4 inches thick.
Joists built into walls of masonry shall be beveled at an angle of 45 degrees
from the junction of the wall and the upper edge of the joists. Every trimmer
over six feet long in floors constructed to carry more than 70 pounds per square
foot of surface shall be hung in suitable stirrup iron of wrought iron. All
timbers shall have sufficient bearing on their supports to insure stability. In
all buildings where the joists are carried on girders, a cut off partition or row
of solid bridging not less than 1½ inches thick shall be set in and solidly nailed
over the girder so as to fill spaces between joists and prevent the passage of fire
and smoke. [85 v. 34.]
(2575-75) SEC. 23. [Scuttles and bulkheads; iron stairs to bulk-
heads; skylights.] Buildings of the "warehouse" class over one story high,
and in other buildings where required by the inspector, shall have in the roof
scuttle frames and covers, or bulk heads and doors not less than 2 feet by 3 feet
1387
Tit. XII, Div. 8, Ch. 8a.
BUILDING LAWS.
§ (2575-76).
6 inches, made of or covered with fire-proof material, and such scuttles and
bulkheads shall have iron ladders or iron stairs securely bolted to floors and
frames; such scuttles, bulkheads and stairs shall be ready for use at all times.
The doors in such scuttles or bulkheads shall not be locked but must be fast-
ened by movable bolts or hooks. Skylights on roofs shall be protected with a
sufficient guard railing when so required by the inspector. [85 v. 34.]
(2575-76) SEC. 24. [Roofing; appendages.] Weather coverings of
roofs within the fire-limits shall be made of incombustible material. Append-
ages such as skylights, dormer windows, cornices, gutters, moldings, eaves,
parapets, balconies, bay windows, towers, spires, ventilators, erections over ele-
vators, turret, lantern-light or other erections on roofs, if not wholly fire-proof
shall be enveloped with incombustible material. [85 v. 34.]
(2575—77) SEC. 25. [Division walls between wooden buildings.]
In the erection of wooden buildings in blocks of two or more, the said build-
ings shall have division or party walls of incombustible material, said walls to
extend up to the under side of roof boards. [85 v. 34.]
(2575-78) SEC. 26. [Metallic fall pipes and their connections.]
Buildings shall be provided with proper metallic "fall-pipes" which shall be
connected with a sewer or catch basin connected with a sewer when such build-
ing abuts upon an alley or street in which a public sewer is located, otherwise
the water shall be carried to the street gutter in a manner approved by the
inspector. [85 v. 34.]
(2575-79) SEC. 27. [Stairway partitions; scantling partitions.]
Stairways shall not be enclosed with partitions made of planks, boards, flooring,
or scantling, unless plastered on both sides or covered with metal (except in
private residences). Scantling partitions shall not be employed as supporters
of any floor or roof (except in private residences). [85 v. 34.]
Handrails required for stairways of certain buildings, see ? (4238—15).
(2575-80) SEC. 28. [Fire-proof doors, shutters, etc., required on
certain buildings.] Openings in walls of buildings over two stories high, in
the warehouse class, and located opposite any other building having openings
and not more than thirty feet distant shall be provided with doors, blinds or
shutters made of or covered with fire-proof material. The doors or shutters
shall be hung on cast iron eyes or frames. Prismatic lights in iron frames shall
be equivalent for fire-proof shutters. Every opening in "party wall" shall
be closed by two such fire-proof doors as above described, hung to cast iron
eyes or frames on the opposite sides of the jambs of the opening. [85 v. 34.]
(2575-81) SEc. 29. [Heating apparatus.] (a) Stationary boilers,
heating furnaces of a kinds, also every oven or stove used for heating or
manufacturing purposes shall be placed on fire-proof foundations and pro-
vided with proper hearths, and the floor space around the same shall be covered
with incombustible and non-conducting substances.
(b) No unprotected structural wood-work, or other combustible material
shall be located within four feet of any part of a stationary boiler, or within
20 inches of any stove, oven or heating furnace below [before] mentioned.
(c) No pipes conveying heated air or steam shall be placed nearer than six
inches to any unprotected combustible material.
(d) Hot air conductors built in between timbers or other combustible mate-
rial within ten inches of the same, shall be made double with at least inch
space between the two envelopes.
(e) Hot air registers shall be set in incombustible borders, and openings in
floors for registers shall be lined with metal.
(f) All the foregoing provisions of this section shall be subject to the
approval of the inspector. [85 v. 34.]
1388
§ (2575-82).
BUILDING LAWS.
Tit. XII, Div. 8, Ch. 8a.
(2575-82) SEC. 30. [Vats of hot liquids, etc.] In every factory or
workshop all machinery and appliances connected therewith, also every vat,
pan or other structure with molten metal or hot liquids shall be constructed
in such manner and so guarded as to protect those employed in their operation
and use, or about them. [85 v. 34.]
(2575-83) SEC. 31. [Elevators.] Elevators located and operated in
the well-holes of stairways, shall, together with the stairs and the landing
thereof, be constructed of fire-proof material. All elevators so required in the
judgment of the inspector shall be enclosed with walls of incombustible mate-
rial, or with substantial stud partitions covered with metal lathing and three
coats of plastering on each side, and said walls or partitions shall be carried
through the roof. All elevator openings through floors shall be protected by
proper rails or gates, or the openings in floors through which the elevator passes
shall be closed with trap-doors, covered on the under side with metal. The
roof over every elevator within a shaft as above provided, shall be formed with
a sky-light of sheet glass, of at least one-half the area of the shaft. [85 v. 34.]
(2575-84) SEC. 31a. [Inspection of elevators.] The inspector of
buildings shall make regulations for the inspection of electric, steam and
hydraulic passenger and freight elevators, with a view to the safety of passen-
gers and of those operating or using passanger or freight elevators, and shall
also prescribe suitable qualifications for persons who are placed in charge of
running such passenger or freight elevators. The regulations so made shall re-
quire any repairs found necessary upon inspection to be made without delay ;
and in case defects are found to exist which would endanger life by continual
use of such elevator, then in either of said cases, upon notice of the inspector
of buildings, the use of such elevator shall cease and it shall not again be used
until a certificate shall be first obtained from said inspector of buildings that
such elevator has been put in safe order and [is] fit for use. [90 L. L. 254.]
(2575-85) SEC. 316. [Elevator provided with sliding door, etc.]
Every entrance to a passenger elevator shall be provided with a sliding door
with automatic or self-latching lock, said lock to be accessible only to the person
in charge of and operating said elevator, and in no case shall said person in
charge of and running or operating said elevator allow, permit or cause the cal,
or car of such elevator to be raised or lowered until the door guarding such cat,
or car entrance has been completely closed and securely latched. [90 v. L. I I,,
255.]
(2575-86) SEC. 31c. [Who to run same in emergency.] No passen
ger, employe or person other than the operator or person duly qualified and
in charge of the operation of said elevator, cab or car shall be permitted to
handle, operate or manipulate any rope, shifting-rod, lever or other thing at-
tached to or used to start or stop any elevator, cab or car, unless called upon by
the person in charge of and operating said elevator, who finds it impossible to
control and manage said elevator, cab or car by reason of the machinery used
in operating said elevator refusing to act. [90 L. L. 255.]
(2575-87) SEC. 31d. [Mechanical device.] All elevator cabs or cars,
whether used for freight or passangers, shall be provided with some suitable
mechanical device to be approved by the inspector of buildings, whereby the
cabs or cars will be securely held in the event of accidents to the ropes or hoist-
ing apparatus, or from any similar cause. [90 L. L. 255.]
(2575-88) SEC. 31e. [Inspector of elevators to inspect.] It shall
be the duty of the assistant inspector of buildings who is known as the "in-
spector of elevators," to inspect all electric, steam and hydraulic elevators in
cities provided for in this act at least every six months, and he shall charge
and receive for the same the sum of two dollars in each case, which amount
1389
Tit. XII, Div. 8, Ch. 8a.
BUILDING LAWS.
§ (2575—89).
shall be paid to the inspector of buildings by the person, firm or corporation
owning and operating said elevators before granting to them the certificates or
permits which shall certifiy that inspection has been made and the condition
of elevator approved. [90 L. L. 255.]
(2575-89) SEC. 31f. [Penalty.] If, upon said examination, any such
elevator and the machinery and apparatus connected therewith is, by said in-
spector, found to be defective and unfit for use and operation of the same, he
shall refuse to grant his certificate for the use and operation of the same until
it shall be put in proper order and condition to his satisfaction; and any person
guilty of operating any elevator so condemned without the certificate, permit
or consent of said inspector, shall be deemed guilty of a misdemeanor and fined
in any sum not to exceed $250, or imprisonment for a period not to exceed six
months, or both, at the discretion of the court. [90 L. L. 255.]
(2575-90) SEC. 31g. [Report to chief of police.] For the purpose of
facilitating the discharge of the duty hereby made incumbent on said inspector
of buildings and his assistants, it shall be the duty of the chief of police of
said city to require the patrolmen on their several beats to make an enumera-
tion of all electric, steam and hydraulic elevators in said city within thirty
days after the passage of this act, and report the same to said chief of police,
who shall in turn report the same to said inspector of buildings; and any
owner or operator who willfully conceals it from such patrolman or refuses to
give information as to the location of the same shall be deemed guilty of a
misdemeanor, and on conviction thereof shall be fined in any sum not to ex-
ceed twenty-five dollars ($25). [90 L. L. 255.]
(2575-91) SEC. 31h. [Who to run same.] No person under twenty-
one years of age shall be employed in running or operating any electric, steam
or hydraulic passenger or freight elevators, and it shall be unlawful for any
firm, company or person in the state of Ohio, owning, operating or having in
charge any such passenger or freight elevator or elevators to employ a person un-
der twenty-one years of age to run or operate any such elevator. [90 L. L. 255.]
(2575-92) SEC. 31. [Penalty.] Any person, firm or corporation, or
any agent, trustee, director, officer or employe of any person, firm or corpora-
tion, who shall employ any person contrary to the provisions of the foregoing
section, or who shall violate any of its provisions, shall, upon conviction there-
of, be fined in any sum not less than twenty-five nor more than one hundred
dollars, or imprisonment not less than thirty nor more than sixty days. [90
L. L. 255.]
(2575-93) SEC. 32. [Fire escapes; power and duties of fire escape
and smoke inspector; notice to erect fire escapes; penalty for failure to
erect same. (85 v. 34) declared void as per note.]
Sections 32 and 61, authorizing an injunction against the use of the building in a city of the first class,
after neglect to put on a fire escape is not invalid, as depriving the owner of the use of his property without
the intervention of a jury or without due process of law, but is void as being a law of a general nature opera-
tive in one city only: Cincinnati v. Steinkamp, 54 O. S. 284.
As to fire-escapes, see also ?? 2574, (2575-131) et seq.
(2575-94) SEC. 33. [Fire-proof vaults for wood-working facto-
ries.] No buildings within the limits of said city of the first-class shall be
used or occupied, in whole or in part, for any of the trades or occupations here-
inafter mentioned, to-wit: planing-mill, sash, door and blind factories, wagon
or carriage manufactories, cabinet and furniture manufactories, wood-turning
and veneering works, agricultural implement manufactories, box or shingle fac-
tories, or any other wood-working factory, two or more stories in height, unless
such building so occupied shall have in connection with it a brick or fire-proof
vault of sufficient capacity to contain all shavings, saw-dust, chips, or other
light combustible refuse connected therewith; all such shavings and other light
1390
§ (2575—95).
BUILDING LAWS.
Tit. XII, Div. 8, Ch. 8a.
combustible refuse or material shall be removed daily from such premises to
such vault. [85 v. 34.]
See ? (2575-132).
(2575-95) SEC. 34. [Penalty for using, etc., certain buildings
lacking fire-proof doors and stairways.] No person shall hereafter, either as
owner, lessee or agent, use or occupy or permit the use and occupation of any
store, factory, work-shop or other structure, where any person or persons shall
be employed as workmen or workwomen, for wages, in any trade or occupation,
unless every such store, factory, workshop or other structure shall be provided
with sufficient fire-proof doors and stairways for the escape of employes in the
event of fire or other accident happening, under the penalty of not less than
$25.00 for each and every offense, and a further penalty of $50.00 for each and
every day each owner, lessee or agent shall, after the first conviction, neglect or
refuse to comply with any provisions in this section. [85 v. 34.]
(2575-96) SEC. 35. [Removal of wooden buildings.] No wooden
building within or without the fire-limits shall be moved to any lot within said
limits where it would be in violation of law to build such wooden building.
[85 v. 34.]
(2575-97) SEC. 36. [Licensing of house-movers; bond.] No per-
son, except a licensed house-mover, shall remove or raise any building within
the limits of said city of the first class, first grade; and every such person shall
annually, before engaging in such occupation, obtain a license therefor from
the mayor, and no such license shall be granted until the party applying
therefor shall have given a bond in the sum of one thousand dollars, with
good and sufficient sureties, to be approved by the city solicitor, conditional
among other things, that said party will pay any and all damages which may
happen to any tree, pavement, street or sidewalk, or to any telegraph pole or
wire belonging to said city, whether said damage or injury shall be inflicted
by said party or his agents, employes or workmen; and conditioned, also, that
said party shall, will save and indemnify, and keep harmless said city against
all liabilities, judgments, damages, costs and expenses which may in anywise
accrue, against said city in consequence of the granting of such permit or
license, and will, in all things strictly comply with the conditions of his permit.
[85 v. 34.]
(2575-98) SEC. 37. [Removal permits; inspector's fee.] Upon
execution of said bond and its acceptance by the city solicitor, a license shall
be issued, and the said licensed person shall, in each and every instance, before
removing or raising any building, obtain a permit so to do from the inspector,
and shall pay to said inspector a fee of two dollars, whereupon said inspector
shall issue a permit stating specifically all the conditions, prescribing the route
to be taken, and limiting the time of removal. [85 v. 34.]
(2575-99) SEC. 38. [Theaters, etc.] Every theater, opera house,
concert hall, or building to be used for public entertainments (except churches),
hereafter erected, altered or changed, shall have at least one front on the high-
way or public street, and in front there shall be suitable means of entrance and
exit for the audience; an open space shall be reserved for the use of the audi-
ence in leaving the building, and for service in the event of fire, to be on two
or three sides of the portion of the structure in which the auditorium and stage
are placed. No portion of any building hereafter erected, altered, changed, or
used, or to be used for any of the above purposes, shall be occupied or used for
offices, a hotel, boarding or lodging house, factory, or for storage purposes, unless
the same is completely isolated by brick walls, which shall pass through_and
above the roof at least two (2) feet; and no workshop or storage room for theat-
rical purposes shall be allowed above the auditorium. If the carpenter shops
and property rooms for the storage of furniture and other accessories be pro-
vided for on the premises, they shall be separated from the other portions of
1391
Tit. XII, Div. 8, Ch. 8a.
BUILDING LAWS.
§ (2575-99).
the theater by means of fire-proof partitions and ceilings, and the painted
scenery and other decorations, when not in use shall be stored in a contiguous
store room, but they shall be enclosed with fire-proof partitions, ceilings and
floors, and no place in the building shall be used for the storage or sale of any
article classified by insurance companies as hazardous or extra hazardous mate-
rial. All ventilating shafts from the ceiling line shall be of fire-proof material,
and shall pass at least four (4) feet above the roof. The roof over the stage shall
have skylights or lanterns equal in area to at least one-tenth of said roof, and
the whole shall be so arranged as to open instantly on the cutting or burning
of a hempen cord, which shall be so arranged to hold said skylight closed, or
some other device in the judgment of the inspector may be used if equally as
simple.
All seats in the auditorium except those contained in the boxes shall be
firmly secured to the floors, and no seat in the auditorium shall have more than
six (6) seats intervening between it and the aisle, and no obstruction shall be
placed in any aisle or passage way. All aisles and passage ways in the audi-
torium shall be in proportion to the seating capacity. All door ways, passages,
corridors, stairways shall be in proper proportion to the capacity of the house
and the several parts of the same to which they lead and with which they com-
municate. Every auditorium accommodating three hundred persons, shall
have not less than two exits; when accommodating five hundred persons, not
less than three exits shall be provided; and no doorway of exit or entrance for
the use of the public shall be less than six feet in width; and for every one
hundred persons additional or portions thereof, to be accommodated in excess
of five hundred persons, twenty inches additional exit capacity shall be allowed;
all doors of exit or entrance shall open outwardly and no such doors of exit or
entrance shall be locked during any representation, or when the building is
open to the public. Distinct and separate places of exit and entrance shall be
provided for each gallery above the first floor. A common place of exit may
serve for the main floor of the auditorium and the first gallery, the latter to be
provided with two independent staircases. Not less than two independent
staircases with direct exterior outlets shall be provided for galleries above the
first gallery, and shall be located on the opposite sides of the same, and the
latter staircases shall be enclosed up to the floor to which they lead. When
straight stairs return directly upon themselves a landing of the full width of
both flights and of the depth of not less than once and a half the length of
the steps shall be provided; stairs turning at an angle must have a proper land-
ing without risers at the turn. In stairs where two side flights connect with
one main flight, the width of the main flight must be equal to the aggregate
width of the side flights. The ceilings of the auditorium and of the corridors,
passages, lobbies and staircases shall be lathed with iron or wire laths, or fire-
proof tiling, and finished with three good coats of mortar, or other incombust-
ible material.
All inclosed staircases, shall have on both sides a strong handrail, firmly
secured to walls. No passage leading to any stairs or exit shall be less than
the width of the stairs with which they communicate. The wall separating
the stage from the auditorium, also the several division walls separating the
auditorium from the vestibule or other apartments devoted to the use of the
public, shall be constructed of brick or other fire-proof material. The wall
between the stage and the auditorium shall be carried through and above the
roof at least 24 inches, and door-ways in said wall shall not exceed 21 super-
ficial feet each, and shall have doors covered on the stage side with sheet metal;
said doors shall be self-closing. Partitions enclosing and separating dressing
rooms, and the ceilings of same, shall be covered with three coats of plaster or
metal lathing, or shall be constructed with corrugated sheet iron or other fire-
proof material. The proscenium, or curtain opening of every theatre shall
1392
§ (2575-100).
BUILDING LAWS.
Tit. XII, Div. 8, Ch. 8a.
have a curtain of fire resisting material. Such curtain shall be lowered at the
beginning and end of each performance. [85 v. 34.]
There are two sections in this act, each designated as ? 38.
(2575-100) SEC. 38. [Theatrical scenery; gas mains; stage lights;
exits.] All scenery shall be constructed of fire resisting material; said curtain
and scenery shall, in their material, construction, and mechanism be approved
by the inspector. Gas-mains supplying any of the above named places shall
have connections independent of the stage and auditorium, and proper provis-
ions shall be made for cutting or shutting off the gas from the outside, con-
tiguous to the premises. All stage lights shall have strong metal wire guards
or screens of sufficient fineness, that materials coming in contact therewith
shall not be in danger of the flames. Every exit shall have over the same, on
the inside, the word "exit" painted in large letters not less than eight inches
in length. [85 v. 34.]
See note to preceding section.
(2575-101) SEC. 39. [Means of exit and entrance to churches.]
Any building, hall, or room hereafter erected and used for church purposes,
seating 300 persons or over, shall have not less than two means of exit and
All exit doors shall open
entrance, with direct outdoor connections to same.
outward. Stairways, lobbies, and doors shall be in proper proportion to the
capacity of the church. [85 v. 34.]
(2575-102) SEC. 40. [Stand pipes and water plugs required in cer-
tain buildings.] Every building used for purposes of public entertainment,
mentioned in the preceding section, shall have at least one stand-pipe and
water-plug connected with the water pipes of the city, placed on the stage or
platform in its immediate vicinity. The same shall be put in, under the direc-
tion and to the satisfaction of the fire marshal of said city, and hose with noz-
zle and stopcock shall be attached to such stand-pipe, and said hose shall be
of sufficient length to extend to the farthest limit of such building, and shall
be kept in good order and ready for use at all times. Every such building with
accommodations for one thousand or more persons, also every building more
than 80 feet high, covering an area of more than five thousand superficial feet
shall have a proper 24-inch metallic stand-pipe on the outside of the building
accessible from street or alley, extending above the roof and so arranged that
a fire engine hose can be attached. All hose an[d] coupling[s] shall conform
to the size and pattern adopted by the fire department. [85 v. 34.]
(2575-103) SEC. 41. [Cellars used for dwelling purposes.] Every
cellar or any portion thereof occupied for dwelling purposes, shall be at least 8
feet in height from floor to ceiling in every part thereof, and not less than 4
feet of the height shall be above the surface of the ground adjoining or nearest
thereto; there shall also be an area provided across the entire frontage of same
not less than 3 feet wide in every part, and said area shall begin six inches
below the level of the floor of said cellar, and extend up to the surface of the
ground. Every such cellar shall be properly drained, and be provided with a
flue or open fireplace with flue; and each apartment of such cellar shall have a
window not less than nine square feet, clear opening of frame provided with
movable sash. Steps required as access to such cellar shall not cover said
window, either in whole or in part. [85 v. 34.]
(2575—104) SEC. 42. [Height of habitable rooms.] Every habitable
room hereafter constructed, except in the roof, shall be at least 7 feet high in
the clear in every part of the same; and habitable rooms constructed in the
roof of any building, shall be at least 7 feet high in clear for a space of one-half
of the area of such room. [85 v. 34.]
1393
Tit. XII, Div. 8, Ch. 8a.
BUILDING LAWS.
§ (2575-105).
(2575—105) SEC. 43. [Space required between front and rear of
tenement houses, lodging houses and hotels, and other buildings.] Every
house designated to be used in whole or in part as a "tenement-house," "lodg-
ing" house or hotel, shall have a clear open space between the front and rear
of such building, and any other building proportioned to the height of such
building as follows: Betweening [between] buildings one story high, a space 10
feet wide; two stories high, a space 15 feet wide; three stories high, a space 20
feet wide; buildings more than three stories high, a space 25 feet wide; and
in every case the length of this space shall not be less than three quarters
the distance of the width of the buildings. [85 v. 34.]
(2575-106) SEC. 44. [Communication between sleeping rooms in
such houses, and the external air.] Every room in such building used as a
sleeping-room which does not communicate directly with the external air shall
have a movable window or transom-sash not less than three feet square, which
shall open into an adjoining apartment which has direct communication with
the external air. [85 v. 34.]
(2575-107) SEC. 45. [Light and air shafts for habitable rooms.]
Light and air shafts for habitable rooms shall be at least twelve square feet in
area for three story houses and less; sixteen square feet in area for a four story
house, and twenty square feet in area for a five story house, and never less than
3 feet wide in the clear. Shafts common to two houses shall be double the
above areas. [85 v. 34.]
(2575-108) SEC. 46. [Subtitutes for water-closets.] The construc-
tion and use of an earth-closet, desiccating-closet, or any contrivance for the
reception and deodorization of focal matter, as a substitute for a water-closet
is permitted, subject to the approval of the inspector as to location and con-
struction of same. [85 v. 34.]
(2575-109) SEC. 47. [Licensing of plumbers and sewer-tappers;
bond required; suspension of license; revocation thereof.] No person or
persons shall carry on the business of plumbing, sewer tapper or engage in con-
ducting plumbing or house-drainage until he or they shall obtain a license
either as such plumber or sewer tapper from the "board of public affairs," and
no person shall receive such license who shall not have an established place of
business within the limits of said city of the first class, first grade, and who shall
not furnish the "board of public affairs" satisfactory evidence of his responsi-
bility and skill to apply his trade in accordance with the provisions of this act,
rules and regulations of the "board of public affairs," the "board of health,'
and ordinances of said city. And it shall be the further duty of every person
or persons making an application for a license to carry on the business of
plumbing or sewer tapping to accompany his or their application with a bond,
signed by two or more sureties, to be approved by the "board of public affairs,
in the sum of five hundred dollars ($500), conditioned that he or they will
indemnify and save harmless said city of the first class from all accident and
damage caused by negligence either in the execution or protection of his work,
or for any unfaithfulness or inadequate work done under and by virtue of his
license; and that said licensee as such, will also conform to all the conditions
and requirements of the city for his or their government, or in default thereof,
will submit to such penalties as are or may be prescribed by the "board of
public affairs," the "board of health," or the ordinances of said city. The
inspector of buildings" shall have authority and power, whenever in his
opinion any plumber or sewer tapper in doing any plumbing, or house drainage,
or sewer tapping, violates any provisions of this act, rule or regulation of the
"board of public affairs," the "board of health," or the ordinances of said city,
to suspend said license, and it shall be the duty of said officer making such
order or [of] suspension to report the same to the "board of public affairs,
<<
>>
89
1394
§ (2575-110).
BUILDING LAWS.
Tit. XII, Div. 8, Ch. 8a.
and if the said board shall be of the opinion that the charges are well-founded,
they shall revoke said license. [85 v. 34.]
(2575-110) SEC. 48. [Plans of certain pipes to be furnished and
approved; certificate of acceptance of plans, etc.; repairs.] It shall be the
duty of the owner, architect or other duly authorized person, to furnish a plan
which shall show the whole course of said pipe from its connection with the
house-drain to its termination above the roof of the house, and all branches,
traps and fixtures to be connected therewith, which plan must be approved by
the inspector before any portion of the work shall be executed; and every
plumber, or sewer tapper before doing any of the work in a building, shall,
except in case of repair, receive a certificate from the inspector that the plans
and specification prepared by the architect or owner for such work has [have]
been accepted by the inspector. Plumbing work which does not add additional
fixtures or cause the entire renewing or remodeling of any soil or waste-pipes,
or changing of the system of using such pipes shall be considered a repair.
[85 v. 34.]
(2575-111) SEC. 49. [Drainage; sewer connections; water-closets;
catch basin water-closets.] Every building shall be separately connected
with the public sewer, when such sewer is provided, and if such sewer is not
provided, all water-closets are to drain into a ventilated cesspool built of hard
brick or stone, to be approved by the inspector. Catch basin water-closets
complying with the following conditions may be used: They must be con-
structed water-tight and have a proper supply of water to allow them to be
flushed out clean to the bottom; they must also be constructed so that the con-
tents shall not pass into the sewer without a sufficient supply of water passing
into the sewer at the same time. The roof, surface and waste-water from the
house may be used for flushing these closets. These catch basin water-closets
may be constructed and the connections to sewer and house drainage may be
laid by any sewer tapper licensed by the "board of public affairs." [85 v. 34.]
An ordinance forbidding sewer-tappers to make house connections and allowing licensed plumbers only
to do so. conflicts with the above and is void: State v. Tooker, 5 N. P. 122; 7 O. D. 464.
(2575-112) SEC. 50. [House drainage; waste and soil pipes; fall;
traps; clean-outs; air inlets; trapping of rain-water leaders.] Main
waste-pipe and soil-pipes through which the water and sewerage are conducted
shall be of cast or wrought-iron when within a building, and shall be securely
ironed to walls or suspended to floor timbers by strong iron hangers as inspector
may direct. Waste and soil-pipes shall be ventilated through the roof, open
and undiminished in size, to such a height as may be directed by the inspector;
but no soil or waste-pipe vent, shall be carried to a height less than two feet
above the roof; changes in directions shall be made with curved pipes, and
connections with horizontal pipes shall be made with "Y" branches. Where
the soil consists of a natural bed of loam, sand or rock, the drain inside of
house may be of hard, glazed, cylindrical stoneware pipes laid on a smoothi
bottom with well cemented joints. Where the ground is made or filled in, the
house-drain inside of house must be of extra heavy cast-iron, free from defects,
with the joints properly caulked with lead. Drains shall have a fall of not less
than one-eighth of an inch per foot, and shall be supplied with a suitable trap,
placed, with an accessible clean-out, either outside or inside the foundation wall
of the building. Each house-drain shall be provided with a fresh air inlet, not
less than 4-inch diameter on the house side of the trap, extending to the
external air in such locality as will not be detrimental to the inmates of the
house in the judgment of the inspector. Rain-water leaders, when connected
with sewer or drain-pipes, shall be suitably trapped. [85 v. 34.]
(2575-113) SEC. 51. [Ventilation of such pipes.] Smoke-flues shall
not be used to ventilate sewer, soil or waste-pipes. Ventilating pipes shall be
constructed of the same material as the main waste and soil pipes. [85 v. 34.]
1395
Tit. XII, Div. 8, Ch. 8a.
BUILDING LAWS.
$ (2575-114).
(2575-114) SEC. 52. [Requirements in iron pipes; certain pipes to
be tested by water pressure.] Iron pipes, before being put in place, shall be
coated inside and outside with coal tar or pitch, applied hot, or other suitable
materials; joints shall be run with molten lead, and thoroughly caulked and
made tight; connection of lead with iron pipes shall be made with brass
ferrules, properly soldered and caulked to the iron; soil, waste and air-pipes
shall be subjected to the water pressure test. [85 v. 34.]
(2575-115) SEC. 53. [Traps, pipes, and vents for bath-tubs, water-
closets, etc.] Every sink, basin, bath-tub, water-closet, slop-hopper, and each
set of trays, and every fixture having a waste-pipe, shall be furnished with a
trap, which shall be placed as near as practicable to the fixture that it serves;
traps shall be protected from syphonage or air pressure by special air pipes of a
size not less than the trap; but air pipes connected with water-closet traps shall
not be less than 2-inch bore, and in every case of proper proportion for their
purposes, as may be approved by the inspector. They may be branched into
the soil or waste-pipe vent, not less than three feet above the inlet from the
highest fixture. No trap vent shall be used as a waste or soil-pipe. Where a
single fixture is put in, and discharges, by means of waste-pipes, into an open
drain, a trap will be necessary, but no vent; but said waste-pipe shall not exceed
fifteen feet in length unless approved by the inspector. [85 v. 34.]
(2575-116) SEC. 54. [Overflow pipes and waste-pipes from refrig-
erators.] Drip or overflow pipes from safes under water-closets, and other
fixtures, or from tanks or cisterns, shall be run to some place in open sight, and
in no case shall any such pipe be connected directly with a drain, waste-pipe,
or soil-pipe. Waste-pipes from refrigerators or other receptacles in which
pro-
visions are stored shall not be connected with a drain, soil-pipe, or waste-pipe.
[85 v. 34.]
(2575—117) SEC. 55. [Water supply for water-closets; flushing
pipes.] Every water-closet shall be supplied with water from a tank or cistern,
and the flushing pipe shall not be less than one and one-eighth inch bore.
Water-closets under special circumstances may be arranged so as to receive their
supply directly from the main, with such fixtures as shall be approved by the
inspector. [85 v. 34.]
(2575-118) SEC. 56. [Inspection of pipes, etc.; test of plumbing
work; steam exhausts.] Pipes and other fixtures shall not be covered from
view or concealed until after the work has been examined by said inspector, and
he shall be notified by the plumber or sewer tapper when the work is sufficiently
advanced for inspection. Plumbing work shall not be used unless the same has
first been tested in the presence of the inspector and by him found satisfactory.
No steam exhaust shall be connected directly with any soil or waste-pipe, or
drain which communicates with a public sewer. A grease trap shall be con-
structed under the sink of every hotel, eating-house, restaurant, or other cook-
ing establishment. [85 v. 34.]
(2575-119) SEC. 57. [Removal or repair of insecure buildings,
etc.] The owner or other party having an interest in any building, staging or
other structure, or anything attached to or connected with a building or other
structure, which shall be unsafe so as to endanger life, shall immediately upon.
notice received from the inspector, cause the same to be made safe and secure,
or taken down; and where the public safety requires immediate action, the
inspector may enter upon the premises with such assistants as may be neces-
sary, and cause the said structure to be secured or taken down without delay, and
the passers-by to be protected at the expense of such owner or party interested.
[85 v. 34.]*
(2575-120) SEC. 58. [Buildings authorized by board of public
affairs. That whenever any person, firm, corporation, exposition commission,
1396
§ (2575-121).
BUILDING LAWS.
Tit. XII, Div. 8, Ch. 8a.
or the officers of the said city shall wish to erect public building or buildings
for exhibitions, shows or for other purposes, and desire to use in the same plans
and materials which do not conform to the requirements of this act, the same
may be authorized by the "board of public affairs of said city," provided the
plans and specifications for the same meet with the approval of the said
inspector. [85 v. 34.]
(2575-121) SEC. 59. [Building contrary to provisions of this act
declared unlawful.] That it shall be unlawful for any one either as owner,
agent, architect, contractor, superintendent or employe to proceed in the work
of placing materials upon, or furnishing any labor in the construction of a new
building or structure, or the alteration of an old building in any city of the
first class of the first grade, without first obtaining a permit therefor, and with-
out conforming to all the requirements of this act. [85 v. 34.]
(2575-122) SEC. 60. [Officers' right of entry into buildings, etc.]
All the officers appointed under this act, or any future amendments to the
same, shall, so far as may be necessary for the performance of their respective
duties, have the right to enter any building or premises in said city of the first
class, first grade. [85 v. 34.]
(2575-123) SEC. 61. [Enforcement of foregoing provisions by in-
junction, etc. Void.]
This section held void, see note to ? (2575-93), Cincinnati v. Steinkamp 54 O. S. 284.
See 23 of an act to prevent the erection of dangerous buildings for public use (86 v.
381), (4238-1).
For an act to provide for the better protection of human life, etc., in cities of the first
and second grade of the first class" (86 v. 135), see ? (2575-131) et seq.
TOLEDO.
(2575-124) SEC. 1. [Building inspector for Toledo.] The common
council of any city of the third grade of the first class of the state of Ohio
may by ordinance regulate the erection and construction of buildings within
the limits of such city, and no [on] nominations of the mayor of such city,
elect an inspector of buildings and if necessary one or more assistants, to see
that the terms of such ordinance are complied with and to enforce the same,
and fix the duties and compensation of such officer, and any assistants pro-
vided for in such ordinance. [91 v. 790.]
(2575—125) SEC. 2. [Ordinance to regulate building.] Any ordi
nance passed under authority of this act may regulate the erection and con-
struction of all buildings built in such municipality after its passage and may
require a permit therefor to be issued by the inspector of buildings, if one has
been appointed, otherwise by the city clerk, before the same shall be com-
menced and shall provide for punishment of all violations thereof. [91 v. 790.]
2575—126) SEC. 3. [Unlawful to build contrary to same.] When-
ever any such ordinance shall have been duly passed it shall be unlawful for
any person, firm, company or corporation to commence, erect or construct any
building contrary to the terms thereof; and any building commenced, erected
or constructed contrary thereto shall be deemed a nuisance, and its completion,
maintenance or occupation may be enjoined until the terms of such ordinance,
each and every, have been fully complied with, in addition to the punishment
of the violators of such ordinance as herein provided. [91 v. 790.]
(2575-126a) SEC. 1. [Application for building permits; issuing
same; cost of permits.] When any person or persons, partnership or corpo-
ration shall be desirous of erecting, repairing, changing or altering any build-
ing or structure within the limits of any city of the first class, third grade,
which has adopted an ordinance regulating the erection and construction of
1397
Tit. XII, Div. 8, Ch. 8a.
BUILDING LAWS.
§ (2575-1266).
buildings within the limits thereof and has elected an inspector of buildings,
he, or they, shall make application at the office of the inspector of buildings
for a certificate for that purpose, and shall furnish said inspector with a written
statement of the location, with a pertinent description of the land or number
of lot, name of owner and street and intended use of the proposed building
or structure, the estimated cost, together with the plans and specifications of
the same, which shall be delivered to said inspector and remain in his custody
a sufficient length of time to allow the necessary examination to be made
thereof, which shall, in no case, exceed fourteen days after the receipt of the
same, and if it shall appear to the said inspector that the laws and ordinances
of said city have been complied with he shall give the certificate asked for.
The said inspector may, however, issue permits for repairs, alterations or ad-
ditions without requiring plans or specifications therefor. The applicant shall
present the certificate to the city clerk, who shall issue a permit in accordance
therewith upon the payment of the following prescribed sums: The sum of
two dollars shall be charged for the permits when the cost of the construction,
alteration or addition to such building or structure does not exceed one thou-
sand dollars, and when the cost thereof shall exceed one thousand dollars, an
additional sum of two dollars shall be charged for each and every thousand
dollars or fraction thereof, if exceeding five hundred dollars. The cost of any
single permit shall not exceed one thousand dollars. [93 v. 632.]
(2575—126b) SEC. 2. [Furnishing of blank forms; revocation of
permit.] Blank forms for a detailed statement, as herein required, shall be
furnished by the said inspector at his office, and the applicant or applicants
shall fill out, and the owner or owners, his or their agents, shall sign the agree-
ment contained in said statement that he or they will in all respects construct
the work in compliance with the laws and ordinances of said city, and it shall
not be lawful to proceed to construct, alter or repair any building or structure
within the limits of said city without such permit. Every permit shall be
subject to revocation should the inspector become convinced that the work
done under said permit is proceeding in violation of law. Revocation of a
permit shall be in writing, and shall be served on the owner, superintendent
or contractors in charge of the work, or posted on the property, and from and
after such revocation of the permit, all parties doing any work or furnishing
any material in or about such structure, buildings or premises, shall be guilty
of a misdemeanor within the terms of this act and be subject to fine or im-
prisonment as herein provided for. [93 v. 633.]
(2575-126c.) SEC. 3. [Penalty for violations of act.] Any person,
partnership or corporation, either as owner, contractor, or architect, or any agent,
trustee, director, officer or employe or any person, firm or corporation who
violates or authorizes a violation of any provision of this act, shall be guilty
of a misdemeanor and be subject to a fine not exceeding the sum of one thou-
sand dollars, or imprisonment not exceeding three months, or both, in the
discretion of the court or judge imposing the same. [93 v. 633.]
VILLAGES IN CUYAHOGA COUNTY.
(2575—127) SEC. 1. [Authorizing councils of villages to grant build-
ing permits.] That the council of any incorporated village in any county con-
taining a city of the second grade of the first class, may adopt regulations requir-
ing that when any person, persons or corporation shall be desirous of erecting.
repairing, changing or altering any building, buildings or structures within the
limits of any such village, he or they shall make application to the clerk of
said incorporated village for a permit for that purpose, and shall furnish said
clerk with a written statement of the land or lot, and the name of the street
upon which it is proposed to make the improvement, name of the owner,
number of ward, and the estimated cost of improvement. Said clerk shall
E
1398
§ (2575—128).
BUILDING LAWS.
Tit. XII, Div. 8, Ch. 8a.
issue the permit required by this act when the written statement required has
been furnished, and may charge therefor such sum, not exceeding three dollars,
as may be fixed by the council. [86 v. 90.]
(2575-128) SEC. 2. [Record to be kept.] It shall be the duty of
said clerk to keep a record of all permits issued, which shall be regularly
numbered in the order of their issue, and also a record of the statement upon
which the permits are issued, and shall report the same annually, upon the
second Monday of April, to the county auditor. [86 v. 90.]
(2575-129) SEC. 3. [Statement upon which permits issued to be
furnished to assessors.] It shall be the duty of the county auditor, upon
receipt of a copy of said statement, upon the second Monday of April, annu-
ally, to furnish each of the assessors in such village with a copy of the state-
ment upon which permits have been issued for the year preceding, within the
ward or wards such assessor is to assess, for the purpose of assessing such build-
ing or buildings for taxation. [86 v. 90.]
(2575-130) SEC. 4. [Penalty for violation.] Any person who shall
violate any of the provisions of any ordinance of such villages passed in pur-
suance of this act, shall be subject to a fine of not less than ten dollars nor
more than one hundred dollars for each and every offense; provided, that
nothing in this act shall be so construed as to in any manner interfere with
the authority of the council to control and regulate the construction and
repair of buildings. [86 v. 90.]
FIRE-ESCAPES, SMOKE CONSUMERS, ETC.
(2575-131) SEC. 1. [Fire-escapes in cities of first and second grades,
first class; penalty for obstructing same.] All buildings, except such as are
used exclusively for private residences, in every city of the first and second
grades of the first class, of three or more stories in height, shall each be pro-
vided with one or more good and suitable fire-escapes, extending from the first
story to the upper stories of such building, and above the roof and on the outer
walls thereof, in such location and numbers, and of such material and construc-
tion as will insure safe and convenient exit for all occupants of any such build-
ing in case of fire, and all passage ways leading to such fire-escapes shall at all
times be kept open and free from obstruction, and any person in any manner
obstructing the same, or causing the same to be obstructed, shall be fined not
less than twenty-five dollars nor more than one hundred dollars for the first
offense, and for any subsequent offense he shall be fined not less than one hun-
dred dollars nor more than two hundred dollars, and be imprisoned in the
work-house for a period of not less than ten nor more than sixty days. [86 v.
135.]
As to fire-escapes, see ?? 2573, 2574; fire-escapes in boarding houses, see ? (4238-14).
As to constitutionality of this act see note to % (2575-93).
(2575-132) SEC. 2. [Fire-proof vault to be provided in mills and
factories in cities of first grade, first class.] No building within the limits
of any city of the first grade of the first class shall be used or occupied in whole
or in part as a planing mill, sash, door and blind manufactory, wagon or carriage.
manufactory, cabinet or furniture manufactory, wood-turning or veneering
works, agricultural implement manufactory, box or shingle manufactory, or
any other wood-working manufactory, two or more stories in height, unless
such building so occupied shall have in connection with it a brick or fire-proof
vault of sufficient capacity to contain all shavings, saw-dust, chips or other light
combustible refuse connected therewith; and all such shavings, saw-dust, chips
and other light combustible refuse shall be removed daily from such premises
to such vault. [86 v. 135.]
See ?? (2575-33), (2575—94).
1399
Tit. XII, Div. 8, Ch. Sa.
BUILDING LAWS.
§ (2575-133).
(2575-133) SEC. 3. [Permits to use certain portion of buildings
to be issued: when.] No person shall hereafter, either as owner, lessee or
agent, use or occupy, or permit the occupation and use above the second story
of any store, factory, workshop or other structure where any person or persons
shall be employed as workmen or workwomen, for wages, in any trade or occu-
pation, or permit the occupation or use of any building more than two stories
in height as an inn, or public house where travelers are lodged, or as a tenement
house, without first having obtained a permit in writing from the officer here-
inafter designated, under the penalty of not less than $25.00 for each and every
offense, and a further penalty of $50.00 for each and every day such owner,
lessee or agent shall, after the first conviction, neglect or refuse to comply with
any of the provisions of this section. [86 v. 135.]
(2575-134) SEC. 4. [Provisions as to steam boiler furnaces.] Every
steam boiler furnace used within the corporate limits of any city of the first grade
of the first class, shall be so constructed or altered, or have attached thereto such
sufficient smoke preventives, as to produce the most perfect combustion of fuel
or other material from which smoke results, and so as to prevent the production
and emission of smoke therefrom, so far as the same is possible. And any per-
son or persons, association or corporation, being the owner or lessee, or having
control of any such steam boiler furnace, shall use or allow the use of any such
steam boiler furnace which shall not be so constructed, or if already constructed
at the time of the passage of this act, shall not be so altered, or shall not have
attached thereto such sufficient smoke preventives so as to produce the most
perfect combustion of fuel or other material from which smoke results, and so
as to prevent the production and emission of all smoke therefrom, so far as the
same is possible, or shall fail to keep such steam boiler furnace for the preven-
tion of smoke, and such smoke preventives in good and efficient order and
operation, shall be subject to a fine of not less than twenty dollars nor more
than fifty dollars for the first offense, and for each subsequent offense shall be
fined not less than fifty nor more than one hundred dollars. And no steam
boiler furnace shall hereafter be constructed in any such city of the first grade
of the first class, except in accordance with the requirements of this section,
under the penalty of fifty dollars for each offense. [86 v. 135.]
(2575-135) SEC. 5. [Smoke prevention.] Every person having
charge of the igniting, making, stoking, feeding or attending any such furnace
and any smoke preventives attached thereto in good and efficient order and
use, that the least possible smoke shall be produced and emitted therefrom, and
any such person who shall fail, or neglect to so ignite, make, stoke, feed, or
attend such furnace fire, that the least possible smoke shall be produced or
emitted therefrom, or shall fail or neglect to keep such furnace or smoke pre-
ventives attached thereto in good and efficient order and use, or shall hinder or
disarrange any such furnace or smoke preventives attached thereto, shall be
subject to the payment of a penalty of not less than twenty dollars nor more
than fifty dollars for the first offense, and not less than fifty dollars nor more
than one hundred dollars for each subsequent offense. [86 v. 135.]
(2575-136) SEC. 6. [Provision concerning supervising engineer
in cities of the first grade of the first class.] The mayor of the city in every
city of the first grade of the first class shall appoint a person of suitable quali-
fications as supervising engineer, who shall hold his office for the term of two
years from and after the date of his appointment, and until his successor is
appointed and qualified, and he shall have authority to supervise and require
all steam boiler furnaces in such city of the first grade of the first class to be
constructed, or if already constructed, to be so altered or have attached thereto
such efficient smoke preventives so as to produce the most perfect combustion
of the fuel or other material from which smoke results, and so as to prevent the
1400
-
$(2575-137).
BUILDING LAWS.
Tit. XII, Div. 8, Ch. 8a.
production and emission of all smoke therefrom, and he shall further have
authority to supervise the igniting, making, stoking, feeding and attending
such steam boiler furnace fires, and he shall also have authority, in the per-
formance of the duties of his office, to enter any steam boiler or engine room,
or any building not occupied exclusively as a private residence, and any per-
son or persons hindering or obstructing him in the performance of such duties,
shall be subject to a fine of not less than twenty (20) dollars nor more than
fifty (50) dollars or imprisoned in the work-house for a period not exceeding
thirty days. [89 v. 414; 86 v. 135.]
Noticed as to constitutionality: Cincinnati v. Steinkamp, 54 O. S. 284, 296.
(2575-137) SEC. 7. [Supervising engineer to take an oath and
give bond.] The supervising engineer, before entering upon the duties of his
office, shall take and subscribe an oath to faithfully and impartially execute
the duties of his office; he shall give bond in the sum of $10,000, with two or
more good and sufficient sureties, which bond shall be approved by the city
solicitor and deposited with the mayor, and he shall receive an annual salary
of $2,500, which salary shall be paid out of the city treasury the same as the
salaries of other city officers are paid, and all fines assessed and collected under
any of the provisions of this act shall be paid into the city treasury to and for
the benefit of the street repairing fund. [86 v. 135.]
(2575-138) SEC. 8. [His office and duties; how provision of this
act applied in cities of second grade of first class.] The supervising engi-
neer shall keep an office in the city hall or other suitable place, as shall be pro-
vided by the city council, where he shall keep a record in detail of the busi-
ness and transaction of his office, and all books, stationery, postage and other
necessary expenses to be paid from the city treasury, and it shall be the duty
of such supervising engineer to commence and aid in prosecuting information
or legal proceedings against persons for a violation of any of the provisions of
this act; and to enable the said supervising engineer to carry out in the most
prompt and effective manner all of the provisions of this act, the city council
shall have the power to provide for the appointment, by the mayor, of an assist-
ant supervising engineer, who shall be subject to the orders and control of the
supervising engineer, and who, during the disability or absence of the said
supervising engineer, shall have the power and perform all of the duties con-
ferred by this act upon the said supervising engineer, and he shall receive for his
services such salary as the city council shall prescribe. In cities of the second
grade of the first class, the duties herein required to be performed by the super-
vising engineer, shall be performed by the inspector of buildings, appointed
under an act, passed April 16, 1888, except in so far as relates to the duties of
the inspection of smoke, and inspection of boiler and engine. [86 v. 135.]
(2575-139) SEC. 9. [Penalty for violations not herein provided
for.] The penalty for any violation of any provisions of this act, not other-
wise especially provided for, shall be not less than twenty dollars; not more
than fifty dollars for the first offense and not less than fifty nor more than one
hundred dollars for each subsequent offense. [86 v. 135.]
1401
Tit. XII, Div.8, Ch.9.
MARKETS.
CHAPTER 9.
MARKETS.
§§ 2576-2578.
Power to establish markets.
SECTION
2576.
2577. Power to regulate markets.
SECTION
2578. No charge to be made for occupancy of mar-
ket-spaces, etc.
2581-1.
2579. Farmers, etc., not to be prohibited selling their
productions.
2581-2.
Oath; compensation; bond.
2581-3.
2581-4.
Bonds.
2580. Superintendent of markets: appointment of in
Toledo; election of in Cleveland; term; duties,
etc.; section 1726, Revised Statutes, made par-
tially inapplicable to foregoing election.
2581-5.
CLEVELAND.
Market house commission; number; ap-
pointment; term.
Power of commission.
Signing and attesting bonds; rent from
market houses to be placed in sinking
fund; levy.
2581-6.
2581. Market-masters.
2581-8.
Bouds to conform to ? 2700 to 2711 R. S.
2581-7. Power of member to create liability.
Record of proceedings.
SEC. 2576. [Power to establish markets, etc.] The council of any city
or village may appropriate, enter upon, and hold real estate within the cor-
porate limits for market-spaces, erect market-houses, establish and regulate
markets and market-places, for the sale of meats, fish, provisions, vegetables,
and other articles necessary for the sustenance, convenience, and comfort of the
inhabitants, prescribe the times for opening and closing the same, make pro-
vision for lighting, watching, and cleaning the same, and detecting false weights
and measures, and prescribe the kind and description of articles which may be
sold therein, and the stands or places to be occupied by the venders. [66 v.
225, § 455.]
The general power to regulate markets and market-places is a continuing power, and embraces authority
to change location: Gall v. Cincinnati, 18 O. S. 563.
If the corporation acquire the fee, the fact that it was purchased for and used as a market-space will not
make it trust property, nor will the use of such property for forty years constitute a dedication for that pur-
pose: Ib.
Under a power to regulate markets, an ordinance providing for the collection each market-day of twenty-
five cents from each person occupying a stand in the markets, is valid, and may be enforced by a fine and
judgment therefor, to be rendered in a summary process before the mayor: Cincinnati v. Buckingham, 10
O. 257.
A municipal market consists: 1. In a place for the sale of provisions and articles of daily consumption.
2. Convenient fixtures. 3. A system of police regulations, fixing market hours, making provision for lighting,
watching, cleaning, detecting false weights and unwholesome food, and other arrangements calculated to
facilitate the intercourse and insure the honesty of buyer and seller. 4. Proper officers to preserve order and
enforce obedience to rules: Ib.
Forbidding retail of meat on sidewalk or on the street outside,the market-house on market days, is a
reasonable and valid ordinance. Having issued a license to defendant to sell meat does not surrender the
right to regulate: Keck v. Cin., 6 O. D. 97; 37 W. L. B. 57, edit.
A license having been given to sell meat from a stand, the licensee, if refused a stand in the market-house,
may sell in the open air regardless of a prohibition in the market regulations against such selling: Kraft v.
Cincinnati, 3 N. P. 195; 6 Ở. D. 8. Ordinances must be reasonable and not tending to foster a monopoly.
SEC. 2577. [Power to regulate markets.] The council may also pre-
vent forestalling the markets, prohibit or regulate huckstering in the markets,
and adopt such rules and regulations as are necessary to prevent fraud, and
preserve order in the markets; and they may authorize the immediate seizure,
arrest, and removal from any market of any person violating its regulations,
together with any article in his possession, and the immediate seizure and
destruction of tainted or unsound meat or other provisions; provided, that in
cities of the third grade of the first class, the common council may by ordi
nance designate any particular market or markets as a "hay-market or "hay-
markets" and prohibit the selling of any hay, straw, fodder, grain or wood
at any other markets than those so designated. [92 v. 22; 66 v. 226, § 456.]
Power conferred upon council to prevent huckstering, did not authorize it to include, in an ordinance,
persons as hucksters who did not fall within the ordinary meaning of that term: Mays v. Cincinnati, 1 O. S.
268.
A license having been given to sell meat from a stand, the licensee, if refused a stand in the market-house,
may sell in the open air regardless of a prohibition in the market regulations against such selling: Kraft v.
Cincinnati, 3 N. P. 195; 6 O. D. 8. Ordinances must be reasonable and not tending to foster a monopoly.
SEC. 2578. [No charge to be made for occupancy of market-spaces,
etc.] No charge or assessment of any kind shall be levied upon any farmer
or producer of vegetables or provisions bringing the same to market, for occu-
1402
§§ 2579-2581.
MARKETS.
Tit. XII, Div. 8, Ch. 9.
pying a place, with or without horses and wagons used in bringing such pro-
duce to the market, in any of the market-spaces, or in the streets contiguous
thereto, on market-days, and evenings previous thereto; provided, however,
that nothing in this section shall prohibit cities of the third grade of the first
class by ordinance requiring any person, not occupying a regular rented space
in a market, to pay a reasonable compensation not to exceed twenty-five cents,
for each day or portion of a day such person may occupy space upon a market
for the purpose of selling any article specified in section 2576 of the Revised
Statutes of Ohio, and to provide for the collection thereof. [92 v. 22; 66 v.
226, § 457.]
SEC. 2579. [Farmers, etc., not to be prohibited selling their produc-
tions.] Nothing in this chapter contained shall be so construed as to authorize
the council to pass an ordinance for the purpose of assessing or imposing any
fine or punishment upon any farmer or producer for selling at any time, within
the corporation, during market hours, any article of provision or vegetables
grown or produced by him. [67 v. 77, § 458.]
SEC. 2580. [Superintendent of markets: appointment of in Toledo;
election of in Cleveland; term; duties, etc.; section 1726, R. S., made
partially inapplicable to foregoing election.] In cities of the first class,
except the first and second grades, the superintendent of markets shall be
appointed by the mayor, with the assent of the council, which shall prescribe
the duties and fix the compensation of such officer; and in cities of the first
class, second grade, a superintendent of markets shall be elected at the next
municipal election after the passage of this act, and every four years thereafter.
The term of office of such superintendent shall be four years; and the council
shall by ordinance prescribe his duties and fix his compensation; and said last
named superintendent shall appoint all market officers, market janitors and
other market employes. As to said office section one thousand seven hundred and
twenty-six of the Revised Statutes of Ohio shall at the first election after the
passage of this act apply only so far as to require the publication of the proc-
lamation therein named at least five days previous to the election. [1888,
March 24: 85 v. 116; 81 v. 157; 80 v. 91; 78 v. 44; Rev. Stat. 1880; 67 v. 88, § 60;
69 v. 64, § 61.]
Repealed as to Cleveland, ?? (1545-41), (—85.)
SEC. 2581. [Market-masters.] The board of health provided for in di-
vision six of this title, may appoint such number of market-masters as it may
deem necessary, define their duties and fix their compensation. [71 v. 160,
$318.]
As to the appointment of market-masters in cities of the first grade of the first class, see
22231.
The former act of March 21, 1887, was repealed by the one above declared void.
The act of 1880, February 27 (77 v. 23, 33), which was entitled "an act to amend certain sections of sub-
division one, chapter five, division five, title twelve, and also to amend ? 2141 of chapter one, division six, title
twelve," contained the following section:
"SEC. 3. [Council to provide by ordinance for appointment of market-masters, market police, laborers, etc.] That
(the council of cities of the first grade of the first class shall provide by ordinance for the appointment of
such market-masters and market police, and the employment of such force of laborers as may be necessary
for the proper control and care of all markets and market-houses, and shall also provide for raising, by taxa-
tion, the necessary funds for defraying the expenses of carrying the provisions hereof into execution, and for
properly conducting and regulating the markets and constructing and maintaining the market-houses: pro-
vided, that the market-masters, market police, and laborers, now holding appointments and in the employ
of the board of police commissioners of such cities, shall continue to perform the duties of their several posi-
tions and receive their present rate of compensation, for a period of not exceeding sixty days from the pas-
sage hereof; provided, further, that all funds now in the city treasury, or due or to become due to the city
for market purposes, shall be subject to the control of the council, or of such board or officers as the council
shall designate." [1880, February 27: 77 v. 23, 33.]
The act of 1885, April 3 (82 v. 111), further amended thesc sections and repealed all the sections of the
Revised Statutes as amended in 77 v. 23. Quære: Is ? 3, as above, now in force?
The act of April 27, 1803 (90 L. L. 173), for an armory and market building in Columbus, was held void
as taking the city's property without compensation and as taxing a locality for a state object: Daniel v.
Cleveland, 8 C. C. 642; 1 O. D. 214.
*
1403
Tit. XII, Div. 8, Ch. 9.
MARKETS.
CLEVELAND.
§ (2581—1).
(2581-1) SEC. 1. [Market house commission; number; appoint-
ment; term.] In cities of the second grade of the first class there shall be a
market-house commission consisting of three members, all of whom shall be
appointed by the mayor of any such city and approved by the council and who
shall serve for the period of five years, and until their successors are appointed
and qualified. [93 v. 668.]
2581-2) SEC. 2. [Oath; compensation; bond.] The members so ap-
pointed shall take and subscribe an oath of office to honestly and faithfully
perform their duties; they shall serve without compensation, and shall give a
bond in the sum of five thousand dollars to the approval of the mayor of any
such city. [93 v. 668.]
(2581-3) SEC. 3. [Power of commission.] Such commission shall
have power to contract for the building of a new market-house and auditorium
for any such city, and to acquire any additional lands that may be necessary
for that purpose either by purchase or appropriation in the name of any such
city in the manner now provided by law. [93 v. 668.]
(2581-4) SEC. 4. [Bonds.] The council of any such city may and is
authorized and empowered for the purpose of this act to borrow money and
issue the bonds of any such city in the name and under the corporate seal of
any such city in a sum not exceeding three hundred and twenty-five thousand
dollars, which bonds shall be made payable not more than thirty years, as the
city council shall determine, from the date of their issue, and shall bear interest
at a rate not exceeding five per cent. per annum, payable semi-annually, as
such city council shall determine. [93 v. 668.]
(2581-5) SEC. 5. [Signing and attesting of bonds; rent from market
houses to be placed in sinking fund; levy.] Such bonds shall be signed by
the president of such commission, the mayor of any such city, and attested by
the city auditor. All rent obtained by such city from any market-house or
houses in such cities, or any addition thereto, shall be placed in the sinking
fund of such city until a sufficient amount has been received to fully pay the
principal and interest of such bonds; and in case such rents shall not be suffi-
cient to pay the interest and principal of such bonds as the same may become
due, any such city council shall, in addition to the other levies authorized by
law, levy annually a sufficient tax therefor on the property subject to taxation
in any such city, and such taxes shall be collected in the same manner as other
taxes. [93 v. 668.]
(2511-6) SEC. 6. [Bonds to conform to sections 2700 to 2711
R. S.] Such bonds, except as otherwise herein provided, shall in all respects
conform to the requirements of sections 2700 to 2711 of the Revised Statutes of
Ohio. [93 v. 669.
(2581-7) SEC. 7. [Power of member to create liability.] No mem-
ber of such commission shall have power to create any debt or obligation, claim
or liability, for or on account of such commission, except with the express
authority of such commission, conferred at a meeting thereof, duly convened
and held. [93 v. 669.]
(2581-8) SEC. 8. [Record of proceedings.] Such commission shall
keep a record of all its proceedings under the authority of this act, which shall
be open at all reasonable times to the inspection of any resident of such city.
[93 v. 669.]
1404
§§ 2582-2587.
INSPECTORS.
Tit. XII, Div. 8, Ch. 10.
CHAPTER 10.
INSPECTORS.
SECTION
2582. Licensing of gaugers, inspectors, etc.
2583. Amount of license, how fixed.
2584. License to be for one year; vacancy.
2585. Extent of license.
2586. Power, penalties, etc., of inspectors.
2587. Inspectors may appoint deputies.
2588. Oath, bond, etc., of inspectors.
2589. Injury from neglect or incapacity.
2590. Removal of Inspector for cause.
2591. Council to be governed by certain provisions.
2592. Fees of the inspectors.
2593. Inspectors of cattle, etc.
2594. Rules for inspection to be prescribed.
2595. Compensation.
SECTION
2596. Inspectors for other purposes.
2596-1. Inspector of boilers in Cleveland: how ap,
pointed, etc.
2596-2. Salaries: qualifications, etc.
2596-3. Record of certificates issued and boilers in.
spected, etc.; clerk.
2596-4. Duties of inspector and assistants; fees.
2596-5. Granting of certificate.
2596-6. Refusal of certificate; penalty.
2596-7. Police force to enumerate steam boilers;
penalty.
2596-8.
Who exempt.
2596-9.
Certificate to be displayed.
Inspector of plumbing and examiners of plumbers, ? (4238-8) et seq.
Inspectors of grain, standard half bushel measure to be used, ? (4439—1).
SEC. 2582. [Licensing of gaugers, inspectors, etc.] The council of
any city may, whenever deemed necessary, appoint and license one of the resi-
dent freehold electors of the corporation, possessing the necessary qualifications,
to act within and for the corporation, as gauger and inspector of domestic and
foreign spirits, linseed oil, lard oil, and carbon or mineral oils; one inspector
of flour, meal, bread, and biscuit; one inspector of beef, pork, lard, and butter;
one inspector of pot and pearl ashes; and one inspector of fish, when exposed
for sale in barrels or half barrels. [67 v. 77, § 459; (S. & C. 731).]
SEC. 2583. [Amount of license, how fixed.] The amount of the license
shall be fixed by ordinance, and shall be limited as follows: to inspect beef,
pork, butter, and lard, not less than fifty nor more than one hundred dollars;
to inspect fish, not less than two hundred and fifty nor more than five hundred
dollars; and to inspect foreign and domestic spirits, linseed oil, lard and car-
bon or mineral oils, not less than seventy-five nor more than one hundred dol-
lars. [66 v. 226, § 460; (S. & C. 732).]
SEC. 2584. [License to be for one year; vacancy.] Upon the license
fee, as required in the preceding section, being paid, the person named therein
shall be authorized to act as such inspector for the period of one year from the
date thereof; and in case of vacancy occurring by death or otherwise, during
the term for which any inspector may have been licensed, the council may fill
jeuch
such vacancy by granting a license for such sum as may be deemed proper.
[66 v. 227, § 461.]
SEC. 2585. [Extent of license.] The license may authorize the in-
spector or inspectors, or any one or more of them, to inspect any one or more
of the articles named in section twenty-five hundred and eighty-two. [66 v. 227,
§ 462.]
SEC 2586. [Powers, duties, etc., of inspectors.] The inspectors shall,
within and for the corporation, have the same powers, perform the same duties,
be governed by the same rules, and liable to the same penalties as are prescribed
with respect to other inspectors. [66 v. 227, § 463.]
SEC. 2587. [Inspectors may appoint deputies.] The inspectors shall
have the power of appointing as many deputies to act under them as their
respective duties in office may require, and for the conduct of the deputy, the
principal shall be accountable and held liable. [66 v. 227, § 464.]
1405
Tit. XII, Div. 8, Ch. 10.
INSPECTORS.
§§ 2588-2595.
SEC. 2588. [Oaths, bonds, etc., of inspectors.] Every person licensed
as an inspector, shall, before entering upon the duties of his office, take an
oath or affirmation, that he will faithfully and impartially execute the duties
required of him by law; and shall enter into bond conditioned for the faithful
performance of his duties as such officer, with sufficient security, to be approved
by the council, as follows: for inspectors of beef, pork, butter, and lard, the
bond shall be three thousand dollars; and for inspectors of fish, foreign and
domestic spirits, linseed, lard, and carbon or mineral oils, one thousand dollars;
and in other cases in such sum, not less than one thousand dollars, as council
may prescribe; which bonds shall be filed in the office of the city clerk and
made payable to the city treasurer, and shall be renewed, from year to year, as
the council may require. [66 v. 227, §§ 465, 472; (S. & C. 731).]
SEC. 2589. [Injury from neglect, etc.; action therefor.] Any person
injured by the misconduct, neglect or incapacity of any inspector, may, within
one year after the cause of action shall have accrued, institute suit on such
official bond, but the corporation shall not be liable for the costs of such suit;
the bond shall continue in force until the full amount of the penalty has been
recovered; and any party obtaining judgment shall have execution as in other
cases. [66 v. 227, § 466; (S. & C. 732).]
SEC. 2590. [Removal of inspector for cause.] The council may, on
complaint and sufficient cause shown, remove from office any inspector; but no
inspector shall be removed unless upon the vote of two-thirds of all the mem-
bers elected. [66 v. 227, § 467; (S. & C. 732).]
SEC. 2591. [Council to be governed by certain provisions.] The
council in the licensing of inspectors of carbon or mineral oils, and the inspect-
ors of those oils, shall be governed by the provisions of the law with respect to
other inspectors. [66 v. 227, § 468.]
SEC. 2592. [Fees for inspection.] The inspectors shall be entitled to
the following fees for their services, to be paid, on demand, by the party calling
upon them, viz.: for packing and inspecting every barrel of pork or beef,
eighteen cents, and for every half barrel, thirteen cents; for every package or
keg of butter or lard, ten cents; for packing and inspecting every barrel of
fish, twenty cents, and for every half barrel fifteen cents; and for inspecting
and gauging foreign and domestic spirits, linseed, lard, carbon, or mineral oils,
where there are less than twenty packages, ten cents each, and more than
twenty, five cents each. [66 v. 228, § 469.]
SEC. 2593. [Inspectors of cattle, etc.] The council of any city or vil-
lage, except as provided in division six, chapter one, of this title, whenever it
may be deemed necessary, shall have the further power to appoint one inspector,
and, if required, one or more assistant inspectors, of beef-cattle, sheep, hogs,
poultry, game, milk, milk-cows, fresh meat, and fresh fish. [66 v. 228, § 470.]
SEC. 2594. [Rules for inspectors to be prescribed.] The council shall
prescribe, by ordinance, the duties of such inspectors, define their powers and
fix their term of office; and they are hereby authorized to prescribe penalties
for the violation of ordinances passed in pursuance of this chapter, and
determine the disposition of the articles named in section twenty-five hundred
and ninety-three when upon inspection they, or either of them, are found to be
foul, tainted, or otherwise unfit for food. [66 v. 228, § 471.]
SEC. 2595. [Compensation.] The inspectors mentioned in section
twenty-five hundred and ninety-three shall be paid such compensation, not exceed-
ing the sum of fifteen hundred dollars each, per annum, in such manner and
at such times as the council may determine. [66 v. 228, § 473.]
1
1406
§ 2596.
INSPECTORS.
Tit. XII, Div. 8, Ch. 10.
SEC. 2596. [Inspectors for other purposes may be appointed.] The
council of any city or village may provide by ordinance for the appointment
of a suitable number of inspectors, for all purposes not otherwise provided for,
who shall hold their office for the term of three years, and for issuing licenses
to such inspectors, and regulate the fees to be paid them for their services.
[66 v. 228, § 474.]
(2596-1) SEC. 1. [Inspector of boilers in Cleveland: how appointed,
etc.] The director of fire service of any city of the second grade of the first
class is authorized to appoint, subject to the confirmation of the common
council of such city, one person who shall be known as inspector of boilers,
who shall hold such office for the term of two years from and after the date
of his appointment, subject to the provisions and stipulations of this act here-
inafter set forth and until his successor is duly appointed and qualified; but
may be removed by said director of fire service for malfeasance, misfeasance or
non-feasance in office. [88 v. 379.]
(2596-2) SEC. 2. [Salaries, qualifications, etc.] Said inspector shall
receive an annual salary not to exceed $1,800.00, which shall be in full for all
services to be performed by him; the common council may provide, by ordi-
nance, that said inspector shall have two or more assistant inspectors, as may
be required, at a salary not to exceed $1,200.00 per annum, each; said salaries
payable as the salaries of other city officers; said assistant inspectors each to
hold his office during the pleasure of said inspector of boilers. It is further
provided that said inspector of boilers and each of his assistants must be prac-
ticable boiler-makers. Said inspector of boilers shall, before he enters upon
the duties of his office, take and subscribe an oath to faithfully and impartially
execute the duties of his office, and shall give bond in the sum of $5,000.00,
with two or more sufficient sureties, to be approved by the city solicitor, con-
ditional for the faithful performance of his duties; and shall devote his entire
time to the same. [88 v. 379.]
(2596-3) SEC. 3. [Record of certificates issued and boilers in-
spected, etc.] The said inspector shall be furnished an office in the city hall
or such other place as shall be provided by the said council, where it shall be
his duty to keep a record of all the certificates issued; which shall be regularly
numbered in the order of their issue, and also a record of the statement upon
which the certificates are issued, and shall report the same annually, upon the
second Monday of April, to said director of fire service; he shall also keep a
record of the number, description, class and size of every boiler inspected for
which certificates were issued, and shall report the same to the director of fire
service annually. He shall also file a monthly report, made under oath to the
director of fire service, on or before the 10th day of each month, for the month
preceding, of the number of certificates issued and money received; and for
the purpose of keeping said records he shall be allowed one clerk, at a salary
not to exceed $1,200.00 per annum, which said amount shall be paid to him
as in the case of said inspector and his assistants. [88 v. 379.]
(2596-4) SEC. 4. [Duties of inspector and assistants; fees.] It
shall be the duty of said inspector and his assistants to inspect all station-
ary boilers in said city, giving to each both internal and external examination,
when practicable, at least once a year; and he shall charge and receive for the
same, an amount, in each case, to be fixed by ordinance by said council; which
amount shall be collected by said inspector and his assistants from the persons
owning and operating said boilers before granting to them the certificate here-
inafter provided for, which said amounts shall be paid into the treasury of
said city at stated intervals, to be provided by ordinance by said council.
[88 v. 379.]
1407
Tit. XI. Dhv. 8 ch. 10.
INSPECTORS.
$ (2596-5).
(2596-5) SEC. 5. [Granting of certificate.] If upon such examina-
tion, said inspector shall find a boiler worthy and in good working order, and
that the laws and ordinances of said city, in respect thereto, have been com-
plied with, he shall grant to the owner or operator of said boiler, a certificate;
and he shall thereupon, use and operate the same. And if, on said examina-
tion, said inspector should be of opinion that the owner or operator of said
boiler is putting too much pressure on the same, he shall have power to fix
the maximum pressure to be carried by said boiler and shall adopt such de-
vice as he shall deem expedient to prevent them from carrying any greater
amount; the same to consist of a seal or lock, to be approved of by said coun-
cil and for tampering or interfering in any way with the same, there shall be
affixed a penalty not to exceed $500.00, or imprisonment for a period not to
exceed six months, or both, at the discretion of the court. [88 v. 379.]
(2596-6) SEC. 6. [Refusal of certificate; penalty.] If, upon said
inspection, any boiler is found to be defective and unfit for use, said inspector
shall refuse to grant his certificate for the use and operation of the same, until
it shall be put in proper order, to his satisfaction; and any person guilty of
operating any boiler so condemned without the certificate or consent of said
inspector, shall be deemed guilty of a misdemeanor, and fined in any sum not
to exceed $500.00, or imprisoned for a period not to exceed six months, or
both, as aforesaid. [88 v. 379.]
(2596-7) SEC. 7. [Police force to enumerate steam boilers; penalty.]
For the purpose of facilitating the discharge of the duties hereby made in-
cumbent on said inspector and his assistants, it shall be the duty of the chief
of police of said city, to require the patrolmen on their several beats, to make
an enumeration of all stationary boilers within 30 days after the appointment
and qualification of said inspector, and report the same to said chief of police,
who shall, in turn, report the same to said inspector of boilers. And any
owner or operator of any such boiler who willfully conceals it from such patrol-
man, or refuses to give information as to the location of the same, shall be
deemed guilty of a misdemeanor, and on conviction thereof shall be fined in
any sum not exceeding $25.00. [88 v. 379.]
or
(2596-8) SEC. 1. [Who exempt.] Provided, that any owner
operator of a steam boiler or boilers holding a certificate of inspection in force,
of any company organized for the purpose of making guaranteed steam boiler
inspections, which has filed a statement of its financial condition and paid
license fees and taxes as required by the insurance laws of this state, shall be
exempt from any further inspection. [90 L. L. 114.]
(2596-9) SEC. 2. [Certificate to be displayed.] The owner or operator
shall continuously maintain in a conspicuous place near the boilers, a certificate
showing the date of last inspection and by whom made, such certificate to be
made by the party inspecting the boiler or boilers. [90 L. L. 114.]
1408
$ 2597.
PLATS.
Tti. XII, Div. 8, Ch. 11.
CHAPTER 11.
PLATS.
SUBDIVISION I. Original Plats.
SUBDIVISION II.
Vacating Plats.
SUBDIVISION III.
Revision of Plats.
SECTION
2597. How hamlet or village laid out.
2598. What the plat thereof to contain.
2601.
2599. Corner-stone to be planted.
2600. Acknowledgment and record of plat.
Plat of subdivisions.
SUBDIVISION IV. Lost or destroyed records.
SUBDIVISION I.
SECTION
2602. Penalty against making record contrary to this
chapter.
2603. Penalty for selling lots contrary to this chapter.
2604. Fee in county, except as in section twenty-six
hundred and one.
2601-1. Special assessments in Toledo.
2605.
2601-2. Apportionment.
2606.
2601-3. Apportionment when land or lot is sub-
divided, etc.
2607.
Penalty for neglect to plant corner-stone, etc.
Penalty for disposing of lots before provisions
of this chapter complied with.
Where county seat located, directors to lay out
village.
SUBDIVISION II.
2608. Vacation of town plat.
2609. Application for vacating or altering plat; notice.
2610. When courts may alter or vacate plats; inter-
ested persons may be made parties defendant.
2611. Commons changed into streets; when and
how.
2612. Clerk's fees.
2613. Assessment of damages.
2614.
Changing plat of unincorporated town or ad-
dition.
2614a. Proceedings to vacate lots not within a municipal
corporation; duty of county auditor and re-
corder.
SUBDIVISION III.
2616.
2615. Who shall revise and re-number lots.
Mode of re-numbering, etc.
2618.
2619.
2617. To be assessed and legally known by their new
numbers.
2620.
How expenses of re-numbering paid.
How additions or subdivisions are to be num-
bered after such revision.
Compensation.
SUBDIVISION IV.
2621. Application to restore lost or destroyed
records.
2622. Publication of notice of such application.
2623.
County commissioners to appoint surveyor:
his duties.
2624.
Record of plat and certificate.
2625.
Record of proceedings by county auditor.
SUBDIVISION I.
ORIGINAL PLATS.
SEC. 2597. [Proprietor to cause plat of proposed village, etc., to be
made.] When any person wishes to lay out a hamlet or village, or subdivision
or addition to any municipal corporation, he shall cause it to be surveyed, and
a plat or map of it made by a competent surveyor; in which plat or map shall
be particularly described and set forth the streets, alleys, commons, or public
grounds, and all in-lots and out-lots and fractional lots within or adjacent to
such hamlet or village, the description to include the courses, boundaries and
extent. [29 v. 350, §1; 47 v. 52, §1; S. & C. 1482; S. & C. 1489.]
For "an act defining boundary line between villages adjoining each other on opposite
sides of a railroad, and their separate jurisdiction" (78 v. 93), see (1830-1) et seq.
A dedication at common law generally acts by way of estoppel: Wisby v. Bonte, 19 O. S. 238.
A dedication bars dower: Gwynne v. Cincinnati, 3 O. 24.
Bank between street and river is not carried by dedication: McLaughlin v. Stevens, 18 O. 94.
Land dedicated as a public square can not be affected as to its use by deed from proprietor: Gazley v.
Huber, 3 O. S. 399; Brown v. Manning, 6 O. 298.
Lot designated on plat "Depot of the Ohio and Pennsylvania R. R.," does not dedicate the lot to the rail-
road or to public uses: Todd v. P. Ft. W. & C. R. R., 19 O. S. 514.
A dedication may be made according to the statute or common law: Fulton v. Mehrenfeldt, 8 O. S. 440.
Equitable owner may dedicate for public uses, and trustee must respect dedication: Williams v. Presby-
terian Society, 1 O. S. 478.
The lapse of time for a less period than twenty-one years, is not conclusive proof of dedication, but
may go to the jury as evidence of dedication: Penquite v. Lawrence, 11 O. S. 274.
1409
Tit. XII, Div. 8, Ch. 11.
PLATS.
§§ 2598-2601.
Making a plat with a design to record it, will not itself constitute a dedication: Bailey v. Copeland, W. 15€.
Where commissioners in partition lay out streets and lots, and city takes possession and improves,
owners are estopped: Wisby . Bonte, 19 O. S. 238.
Use by corporation of its own property for a certain purpose, will not dedicate it for that purpose:
Gall v. Cincinnati, 18 O. S. 563.
Where a town has been legally
Stephenson v. Leesburgh, 33 O. S. 480.
established," it will be presumed that the plat of it is correct:"
See notes to decisions under 222601 and 2650.
This does not authorize an entry on lands against the tenant's will in order to plat: Nigh v. Keifer,5 C.C.1.6
The dedicator was not required to have his village incorporated. The fee of his streets vested in the
county: Wallworth v. Collinwood, 8 C. C. 477.
SEC. 2598. [What such plat shall contain.] All the in-lots intended
for sale shall be numbered in progressive numbers, or by the squares in which
they are situated, and their precise length and width shall be stated on such
plat or map; and all out-lots which do not exceed ten acres in size, shall in like
manner be surveyed and numbered, and their precise length and width stated
on the plat or map, together with any streets, alleys, or roads which divide or
border on the same. [29 v. 350, § 2; S. & C. 1483.]
SEC. 2599. [Corner-stone to be planted.] The proprietor of the ham-
let or village, at the time of surveying and laying it out, shall plant and fix, at
the corner of the public ground, or a public lot, if any there be, and if there
be none, then at the corner of one of the in-lots, and at the corner of each out-
lot, a good and sufficient stone, of such size and dimensions, and in such
manner, as the surveyor shall direct, for a corner from which to make future
surveys; and the point or points where the same may be found shall be desig-
nated on the plat or map. [29 v. 350, § 3; S. & C. 1483.]
SEC. 2600. [Plat to be acknowledged and recorded.] After the plat
or map is completed, it shall be certified by the surveyor, and acknowledged
by the owner or owners before some officer authorized to take the acknowledg-
ment of deeds, who shall certify his official act on the plat or map; and if any
owner is a non-resident of the state, his agent, authorized by writing, may
make such acknowledgment; and such plat or map, and if the execution is by
agent, his written authority, shall thereupon be recorded in the office of the
county recorder. [29 v. 350, § 4; S. & C. 1483.]
SEC. 2601. [Plat of subdivisions; its acknowledgment and record;
fee in corporation, except, etc.; plat to correspond with maps of platting
commission; when to be approved by council. A proprietor of lots or
grounds in a municipal corporation, who subdivides or lays the same out for
sale, shall cause to be made an accurate map or plat of such subdivision,
describing with certainty all grounds laid out or granted for streets, alleys,
ways, commons, or other public uses; also, all lots sold, or intended for sale,
by progressive numbers, or by the squares in which they are situated, and the
precise length and width of each lot sold, or intended for sale; which map or
plat shall be subscribed by such proprietor, or his agent, duly authorized by
writing, acknowledged before an officer authorized to take the acknowledgment
of deeds, who shall certify the acknowledgment of the instrument, and
recorded in the office of the recorder of the county; and thereupon the map
or plat so recorded shall be deemed a sufficient conveyance to vest in the
municipal corporation the fee of the parcel or parcels of land designated or
intended for streets, alleys, ways, commons, or other public uses, to be held in
the corporate name in trust to and for the uses and purposes in the instrument
set forth and expressed, designated, or intended: provided, that no such map
or plat of any addition within the limits of any municipal corporation, when
there are no* record plats adopted by a platting commission or board of public
works, shall be recorded until the engineer of the municipal corporation certi-
fies that the streets, as laid down on the plats of such addition, correspond
with those laid down on the recorded plats of the platting commission or board
of public works, and when there are streets laid down in addition to those
adopted by a platting commission or board of public works, or in any munici-
pal corporation where no platting commission is or has been in existence, no
*This word "no" was "on" in the original act of 1876; 73 v. 60.
90
1410
§ (2601-1).
PLATS.
Tit. XII, Div. 8, Ch. 11.
such plat shall be recorded until the same shall have been approved by the
council of such municipal corporation. [73 v. 60, § 6; (S. & C. 1483).]
For the construction of former statutes with respect to the execution, acknowledgment, and recording
plats, see Brown v. Manning, 6 O. 298; Le Clercq v. Gallipolis, 7 O. (1 pt.) 217; Lebanon v. Warren Co., 9 O. 80;
Crippen v. Ohio University, 12 O. 96; Huber v. Gazley, 18 O. 19; McLaughlin v. Stevens, 18 O. 94; Langley v.
Gallipolis, 2 O. S. 107; Satchell v. Doram, 4 O. S. 542; Board of Education v. Edson, 18 O. S. 221; Seegar v. Har-
rison, 25 O. S. 14.
Dedication made before plat required by act to be dedicated, is valid without such record: Williams v.
Presbyterian Society, 1 0. S. 478.
Where husband and wife executed, acknowledged, and put upon record a plat of a town, laid out on
lands of the wife, exhibiting thereon a railroad track, and having inscribed upon a lot adjoining such track
the words "Depot of Ohio and Penna. R. R.," this did not constitute a dedication of said lot to the railroad
company, nor to a public use: Todd v. Railroad Co., 19 O. S. 514.
The dedication of a street as laid out on a town plat which is not executed in accordance with the
statute, may, as against the corporation within which the land is situate, be revoked at any time before its
acceptance by the corporation or by the public, notwithstanding lots laid out on the plat may have been
sold; and a conveyance of the land in fee simple, by a deed of general warranty, operates, in law, as a revoca-
tion: Village of Lockland v. Smiley, 26 O. S. 94.
See note to Railway Co. v. Lawrence, 38 O. S. 41, under 2 6414.
This section, read in connection with 22% 2640 and 2501, show that the state, in its sovereign character, has
reserved no property interest in the streets; the revenues and profits that are to accrue from the use of the
streets for street railroad purposes will be the private property of the city, in which the state has no interest
whatever: Cincinnati Street R. R. Co. v. Smith, 29 O. S. 306.
Record of deed is constructive notice, although improperly indexed: Pattison v. Jordan, 3 C. C. 233.
As to what constitutes a common law dedication of a street, see Daiber v. Scott, 3 C. C. 313.
The fee of the street is in the municipality by this dedication in trust for street purposes: Elster v.
Springfield, 49 O. S. 82, 96.
(2601-1) SEC. 1. [Special assessments in Toledo.] In cities of the
third grade of the first class, before the common council shall accept the plat
of any property upon which, or any portion of which, there is any special as-
sessment either due or to become due, the city civil engineer shall make an
appointment [apportionment] of such special assessment among the different
lots of such plat effected [affected] by such assessment, and that before such
plat shall be accepted by the common council the owner or owners of any
property so platted shall accept such apportionment, and such apportionment
shall be certified to the county auditor for collection against the several lots in
such plat the same as other special assessments. [88 v. 52.]
(2601-2) SEC. 2. [Apportionment.] That in said cities of the third
grade of the first class where any property has been platted upon which at the
time of platting there was a special assessment due or to become due, the city
civil engineer shall divide and apportion to the different lots in any such plat
any such special assessment, and shall report such division and assessment to
the common council for its approval, and such apportionment as approved by
the common council shall be certified to the county auditor for collection
against the several lots in such plat the same as other special assessments. [88
v. 52.]
(2601-3) SEC. 3. [Apportionment when land or lot is subdivided,
etc.] That in said cities of the third grade of the first class, in case the owner
or owners of any lot or parcel of land against which any taxes or special as-
sessments have been, or shall hereafter be levied, shall desire to divide any
such lot or parcel of land, such owner or owners may file with the auditor of
the county a statement of the apportionment of any such taxes or special as-
sessments on any piece or parcel so divided, and such apportionment shall be
binding on such owner or owners; and in case of a division or sale of any
portion of any such lot or parcel of land, if the owner or owners shall not
agree upon an apportionment of such taxes or special assessments thereon,
then the county auditor shall have full power to make such apportionment;
provided, however, that no division in this section authorized shall effect
[affect] any lien for taxes or special assessments upon property so divided. [88
v. 52.]
SEC. 2602. [Penalty against making record contrary to this chapter.]
Any county recorder who records such map or plat contrary to the provisions
of this chapter, shall forfeit and pay any sum not more than five hundred dol-
1411
Tit. XII, Div. 8, Ch. 11.
PLATS.
§§ 2603-2609.
lars nor less than one hundred dollars, to be recovered with costs in a civil
action, in the name and for the use of the county, by the prosecuting attorney.
[73 v. 61, § 3.]
N. B.-2602 of course does not refer to the act we have added in before it.
SEC. 2603. [Penalty for selling lots contrary to this chapter.] If a
proprietor, or his agent or attorney, sells any lot or lots in any plan of subdi-
vision of, or addition to the lots originally laid out in a municipal corporation,
before a map or plat of such subdivision or addition shall have been recorded,
as herein required, such proprietor, agent, or attorney shall forfeit and pay for
each lot sold the sum of fifty dollars, to be recovered with costs, in a civil
action, in the name and for the use of the municipal corporation, before any
court of competent jurisdiction, at the suit of the solicitor or any citizen of the
corporation. [29 v. 350, §7; S. & C. 1483.]
SEC. 2604. [Fee in county, except, etc.] The plats or maps, other
than those mentioned in section two thousand six hundred and one, shall be
deemed in law a sufficient conveyance to vest the fee simple of all such parcels
of land as are therein expressed, named, or intended for public use, in the
county in which the hamlet or village is situated, for the uses and purposes
therein named, expressed or intended, and for no other use or purpose what-
ever. [29 v. 350, § 8; S. & C. 1484.]
The fee of the streets vested in the county: Wallworth v. Collinwood, 8 C. C. 477.
SEC. 2605. [Penalty for neglect to plant corner-stone, etc.] If any
person lays out a hamlet or village, or addition to a municipal corporation,
and neglects to plant the corner-stones therein, or causes the same to be sur-
veyed or platted in any other manner than that which is prescribed in this
chapter, he shall forfeit and pay the sum of one hundred dollars and costs of
suit, to be recovered in a civil action, in the name of the county treasurer, for
the use of the county. [29 v. 350, §9; S. & C. 1485.]
SEC. 2606. [Penalty for disposing of lot before provisions of chapter
complied with.] If any person disposes of, or offers for sale, or leases for a
time exceeding five years, any in-lot or out-lot, or any part of either, in any
hamlet or village, whether incorporated or not, or in any addition to any
municipal corporation, before the requisitions of this title are complied with,
he shall forfeit and pay the sum of twenty-five dollars for each lot or part of
lot so sold, or offered for sale, or leased, to be recovered, with costs, in a civil
action, in the name of the county treasurer, for the use of the county. [29 v.
350, $10; S. & C. 1486.]
Notwithstanding the penalty, the contract for the sale of a lot is, it seems, valid: Strong v. Darling,
9 O. 201.
SEC. 2607. [Directors to lay out village where county seat located:
how governed; penalties.] The directors appointed by the court of common
pleas, to lay out a village, where a seat of justice has been located on lands
upon which no municipal corporation is situated, shall be governed by the
provisions of this chapter, and liable to the same penalties prescribed in section
two thousand six hundred and two. [29 v. 350, § 11; S. & C. 1486.]
SUBDIVISION II.
VACATING PLATS.
SEC. 2608. [Vacation of town plat.] The court of common pleas, upon
the application of two-thirds of the proprietors thereof, shall have power to
alter or vacate the plat of any municipal corporation, addition thereto, or parts
thereof, within the county, as hereinafter specified. [38 v. 32, § 1; S. & C. 1488.]
SEC. 2609. [Application for vacating or altering plat; notice.] All
applications for vacating or altering any plat, addition, or part thereof, shall be
by petition in writing, filed with the clerk of the court of common pleas, and
the applicant or applicants shall give thirty days' notice thereof by publication
1412
§§ 2610-2614.
PLATS.
Tit. XII, Div. 8, Ch. 11.
in some newspaper printed in the county and of general circulation therein;
which notice shall set forth briefly the part or parts of the plat or addition to
be vacated. [1886, February 25: 83 v. 24; Rev. Stat. 1880; 38 v. 32, § 4;
(S. & C. 1488).]
SEC. 2610. [When court may alter or vacate plat; any person feeling
interested may be made party defendant.] If the petitioners produce to the
court satisfactory evidence that the notice required by the preceding section
has been given, and that two-thirds of all the persons owning lots or parts
thereof in the corporation or the addition, as the case may be, or their author-
ized agents or attorneys, have made application to have the whole or a part of
such corporation or addition, altered or vacated, the court shall, in its discre-
tion, proceed to alter or vacate such corporation or addition, or any part of
either, as the case may be; and the proceedings shall be recorded by the clerk,
in the records of the court, a copy of which record shall be made and certified
under the seal of the court, by the clerk thereof, and shall, by the parties apply-
ing for such vacation or alteration, within thirty days from the rising of the
court, be deposited with the recorder of the county, who shall record the same;
provided, that the vacation of any municipal corporation or addition, or part
thereof, shall not vacate any part of a state or county road. At the term at
which the notice shall be given, as is provided for in section twenty-six hundred
and nine, or at any subsequent term during the pendency of the application,
any person feeling interested in the proceedings, may, upon motion, be made a
party defendant to the application; in which case, upon final hearing, the
party succeeding shall have judgment against the other, for the costs of the
proceedings, and execution may issue therefor as in other cases. [29 v. 352,
§§ 3, 4; S. & C. 1487.]
SEC. 2611. [Commons may be changed into streets: when and how.]
On application made, and notice given according to the provisions of this sub-
division, the court of common pleas shall have power to change any commons
that may be included in the plat of any municipal corporation into streets,
and to cause such change to be recorded as is provided by section two thousand
six hundred and ten. [29 v. 352, § 6; S. & C. 1487.]
SEC. 2612. [Clerk's fees.] The clerk of the court shall be entitled, for
recording a plat required to be recorded under the provisions of this chapter
and for other services required of him, the same fees as are allowed to him for
similar services by the provisions regulating his fees. [29 v. 352, §5; 26 v. 18,
§ 5; S. & C. 1487.]
SEC. 2613. [Application for vacation and assessment of damages.]
If the court is of opinion that any person owning any lot in such plat, addi-
tion, or parts thereof proposed to be vacated or altered, not assenting thereto,
will sustain damage thereby, it may proceed to hear proof in reference thereto,
and may render judgment against the petitioners for such damages as it may
think proper and just, and the same shall be assessed by the court against the
petitioners ratably, according to the value of the property owned by the peti-
tioners, as the same stands taxed on the tax-list of said county; and when
necessary, the court shall appoint a guardian ad litem for all minors or persons
of insane mind, who may be interested in the premises; and the judgment of
the court vacating such plat, addition, or parts thereof, shall be conditional
upon the payment of the damages thus assessed. [38 v. 32, §§ 2, 3; S. & C.
1488.]
SEC. 2614. [Changing of incorporate town or addition.] Any person
or persons owning, either jointly or severally, and either in their own right or
in trust, and having the legal title to, any land laid out in town lots, not within
the limits or subject to the control of any municipal corporation, may change such
lots and the streets and alleys bounding the same, by making, acknowledging and
1413
Tit. XII, Div. 8, Ch. 11.
PLATS.
§§ 2614a-2616.
having recorded, as in this chapter provided, a new plat of such land, and having
the proper transfers made in the office of the county auditor: provided, that no
such change shall be made if it affects injuriously any lots on the streets or
alleys, or within the plat so changed, unless all the owners of the lots so affected
are parties joining in making the change, or they give their consent in writing
on the new plat, and the same be recorded therewith; and any change of a
town plat made as in this section provided shall have the same force and effect
as if made by the judgment of a court having jurisdiction thereof. [76 v. 88,
§§ 1, 2.]
SEC. 2614a. [Proceedings to vacate lots not within a municipal cor-
poration; duty of county auditor and recorder.] Any person or persons
owning, either jointly or severally, and either in their own right or in trust,
and having the legal title to any land laid out in town lots, or to any whole
block or blocks of lots in any land laid out in town lots, and not within the
limits or under the control of any municipal corporation, may vacate said lots
or block or blocks of lots upon giving notice of his, her or their intention so to
do, for two weeks in some newspaper published, and of general circulation, in
the county where said land lies, and if any of said lots have been sold, personal
written notice to the owner or owners of said lots so sold, and if no notice of an
injunction granted against such vacation is served upon the auditor of the county
where said lands lie, or any notice of dissent from said vacation, by the owners
of any of said lots, within ten days after the completion of said notice, the said
auditor shall and he is hereby authorized and required to make all necessary
changes and transfers in and upon his duplicate after said ten days from the
time of the completion of said notice; the proof of which shall be furnished
said auditor, and he shall give to the party or parties at whose instance such
vacation is made, a certificate stating that such lots or block or blocks of lots
have been vacated, upon the presentation of which to the recorder of said
county, he shall write upon such plat of lots, block or blocks as they appear
on the plat of such lots the word "vacated," and said vacation shall have the
same effect as if made by the judgment of a court having jurisdiction thereof.
The said auditor and recorder shall be entitled to such fees for their services
under this section as they are entitled by law in like cases, which shall be paid
by the party or parties making such vacation. [1883, April 18: 80 v. 180.]
SUBDIVISION III. REVISION OF PLATS.
SEC. 2615. [Who shall revise and re-number lots.] Where the lots of
any municipal corporation are not numbered consecutively upon the original plat
thereof, and the plats of additions thereto, or subdivisions thereof, it shall be
lawful for the auditor and recorder of the county in which such municipal cor-
poration may be situate, in conjunction with some person to be appointed by
the mayor of such municipal corporation, to make a revision of the numbers of
all the in-lots and out-lots of such municipal corporation, as the same stand
upon record, and to number anew all the lots, so that the in-lots shall have but
one consecutive series of numbers, beginning with number one; and the out-
lots shall have but one similar series of numbers, also beginning with number
one. [46 v. 34, § 1; S. & C. 1489.]
SEC. 2616. [Mode of re-numbering, etc.] Such auditor and recorder,
with their associate, to be appointed as aforesaid, shall make a schedule of all
the in-lots of any such municipal corporation, beginning with the original plat
thereof, setting down the lots in the same order of their numbers, and placing
opposite thereto the new numbers which shall be assigned to the respective
lots, following in the same manner with the plats of addition and subdivision,
according to their priority in date of record, so that the first column shall con-
tain the old numbers of the in-lots in their consecutive order and the second
1414
§§ 2617-2622.
PLATS.
Tit. XII, Div. 8, Ch. 11.
column shall exhibit opposite to such numbers respectively, the new numbers
assigned to each of said lots; and in the same manner, they shall make a
schedule of the out-lots; such schedule shall accurately and distinctly indicate
the plat in which such in-lot or out-lot originally stands upon record; and it
shall be the duty of the auditor and recorder to place such schedule on record
in their respective offices. [46 v. 34, §2; S. & C. 1489.]
SEC. 2617. [Shall be assessed and legally known by their new num-
bers.] When the revision and re-numbering of the lots in any such munici-
pal corporation have been made, and the schedule thereof recorded, as provided
in the preceding section, the lots shall be assessed and entered upon the tax-
list for taxation, according to their new numbers; and in all the operations of
the assessment and collection of taxes they shall be lawfully known and desig-
nated by the new numbers given to them under the authority of this subdi-
vision; and all conveyances of the same made by the new numbers shall be
sufficient to pass the title. [46 v. 34, §3; S. & C. 1490.]
SEC. 2618. [How expenses of re-numbering paid.] When such re-
vision and re-numbering are done at the request of the corporate authority, of
any such municipal corporation, the expenses shall be paid by such corpora-
tion; but the county commissioners of any county in which any unincorpo-
rated hamlet or village may be situated, shall have authority to direct the
auditor and recorder to make such revision and re-numbering of such unincor-
porated hamlet or village, and cause the expenses thereof to be paid out of the
county treasury; and they may direct the auditor and recorder to make such
revision and re-numbering of an incorporated hamlet or village, if the commis-
sioners are of opinion that such revision and re-numbering are necessary for
convenience and efficiency in taxation. [46 v. 34, §4; S. & C. 1490.]
SEC. 2619. [How additions or subdivisions are to be numbered after
such revision.] After the revision is made and recorded, as herein before pro-
vided, every person who lays off lots as an addition to such municipal corpora-
tion, or who makes a subdivision of lots therein, shall number the lots so divided
upon his plat in regular consecutive numbers, commencing with the next
number after the highest number of such in-lots or out-lots, as the same shall
be ascertained by the recorder from a careful examination of the original rec-
ords and revisions. [46 v. 34, §5; S. & C. 1490.]
SEC. 2620. [Compensation.] The auditor, recorder, and their associate,
shall each receive the sum of two dollars per day for their services under this
subdivision. [46 v. 34, § 6; S. & C. 1490.]
SUBDIVISION IV. LOST OR DESTROYED RECORDS.
SEC. 2621. [Application to supply lost or destroyed records.] It shall
be lawful for any ten persons, their agents or attorneys, owning or being inter-
ested in any lots of land in any municipal corporation, where the original plat,
or any addition thereto, has been recorded in the records of the county in
which such municipal corporation is situated, and the records and original plat
thereof have been lost or destroyed, to make application in writing to the
county commissioners of such county to have the records of the plat or plats.
so lost or destroyed supplied, which application shall be filed with the auditor
of such county. [70 v. 65, §1.]
SEC. 2622. [Publication of notice of such application.] Upon the filing
of the application, it shall be the duty of the auditor of such county to give
notice, by publication for two consecutive weeks in some newspaper published
and of general circulation in the county, or if there be no newspaper published
in such county, then in some newspaper of general circulation therein, of the
filing of the application as aforesaid, and also to notify the county commission-
ers thereof. [70 v. 65, § 2.]
1415
Tit. XII, Div. 8, Ch. 12. PLATTING COMMISSION.
$$ 2623-2626.
SEC. 2623. [County commissioners to appoint surveyor, etc.; duties
of surveyor.] It shall be the duty of the commissioners of such county, upon
the filing of the application, and the giving of the notice thereof, as aforesaid,
forthwith to employ a competent surveyor, who, after being duly sworn to well
and faithfully discharge the duties assigned him, shall proceed to re-plat such
municipal corporation according to the original plan or plat of the same; and
for the purpose of enabling him more easily to find the lines and corners of
streets, lanes, alleys, and lots, such surveyor may call and examine witnesses,
under oath or otherwise, and when he shall have fully performed all the duties
assigned him, and made a plat of such municipal corporation, he shall make
and attach his certificate to such plat that the same is a correct copy of the
original plat of such municipal corporation, as he verily believes, together with
the costs and expenses of making the same, and forthwith file it with the
auditor of the county. [70 v. 65, §3.]
SEC. 2624. [Record of plat and certificate.] Upon the filing of the
plat and certificate by the surveyor, the commissioners of the county shall cause
the same to be recorded in the office of the recorder of the county; and when
the plat and certificate shall have been recorded, the record, or a copy thereof,
certified to by the recorder, shall be prima facie evidence of the plat of the
municipal corporation, in all the courts of this state. [70 v. 66, § 4.]
SEC. 2625. [Record of proceedings by county auditor.] It shall be
the duty of the auditor of such county to keep a full and complete record of
the proceedings, as aforesaid, in the commissioners' journal, and for which he
shall receive such, compensation as is allowed by law for similar services; and
the surveyor and recorder aforesaid shall receive and be paid out of the county
fund of such county, on the order of the county auditor, for their services, such
fees as are allowed by law for similar work. [70 v. 65, §5.]
CHAPTER 12.
PLATTING COMMISSION.
SECTION
2626. Council to appoint commissions to plat lands,
etc.
2627. Board: how constituted; compensation; term;
vacancy.
2634.
SECTION
2633. Copies of plans to be deposited in county re-
corder's and city engineer's offices.
Acceptance of plan by owner; dedication of
street.
2628. Board, how constituted in Cleveland and
Toledo; compensation; term; vacancy.
2635.
Joint commission by adjoining municipal cor-
porations.
2636.
Amendment of plans.
2630.
Powers and duties of board.
2637.
Division of territory to be platted.
2638. Members of commissions in office to remain.
2639. Exception as to Cincinnati.
2629. To employ engineers, assistants, etc.
2631. Notice of completion of plans to be published,
and plans exhibited.
2632.
Commission to hear objections to plans and
make alterations.
SEC. 2626. [Council to appoint commissions to plat lands, etc.] Coun-
cil shall have power in any municipal corporation, except in cities of the first
grade of the first class, whenever it shall be, in its opinion, expedient, and
whenever the corporate limits shall be enlarged, to appoint a commission to
plat such portions of the territory within its limits, in which the necessary or
convenient streets or alleys have not already been accepted by the corporation
so as to become public streets, as it may, by resolution, declare, or the whole of
such territory, if it is deemed proper. [68 v. 36, § 1.]
In Columbus the board of public works acts as a platting commission, see? (1545—174).
In Springfield the board of public affairs acts as a platting commission, see (1545—247).
Board of public affairs in Portsmouth to perform duties of, see ? (1707f-11).
1416
§§ 2627-2633.
PLATTING COMMISSION. Tit. XII, Div. 8, Ch. 12.
SEC. 2627. [Board, how constituted; compensation; term; vacancy.]
Such commission shall consist of five members, except in cities of the second
and third grades of the first class, where it shall be organized as is provided in
the next following section, to be appointed by the council, who shall serve
without compensation and shall hold their offices until the completion of
their work, unless removed by council; and council shall have power to fill all
vacancies caused by removal or otherwise. [68 v. 36, §1.]
But in Cleveland the director of public works has these powers of a platting commis-
sion, see ? (1545-38).
SEC. 2628. [Board: how constituted in Cleveland and Toledo; com-
pensation; term; vacancy.] In cities of the second and third grades of the
first class, such commission shall consist of three members, to be appointed by
the mayor and confirmed by the council, who shall receive such compensation
as the council shall provide, and shall hold their office until the completion of
their work, unless removed by council; and council, upon the recommenda-
tion of the mayor, shall have power to fill all vacancies.~ [71 v. 116, §1.]
SEC. 2629. [To employ engineers, assistants, etc.] The commission
shall have power to employ an engineer, and such assistants as they may find
necessary, and fix their salaries within limits to be prescribed by council.
[68 v. 36, §1; 71 v. 116, §1.]
SEC. 2630. [Powers and duties of board.] It shall be the duty of such
commission to cause to be made a plat of the territory which they are ordered
to lay out, as soon as the same can be conveniently done, showing the location
of the streets and alleys already dedicated, and those proposed; and for the pur-
pose of making the necessary surveys, they shall have power to enter upon all
property within the limits of the corporation. [68 v. 36, §1; 71 v.116, §1.]
SEC. 2631. [Notice of completion of plans to be published and plans
exhibited.] When the whole plan, or any portion thereof, is completed, or
when the location of any avenue, street, roadway, or alley has been finally
determined upon by the commission, a plat of the plan, avenue, street, road-
way, or alley shall be placed in the office of the city civil engineer, for the
inspection of persons interested, and notice that it is ready for inspection shall
be published in one or more newspapers of general circulation within such
municipal corporation, for six consecutive weeks. [68 v. 36, §1; 71 v. 116, § 1.]
SEC. 2632. [Commission to hear objections to plans and make altera-
tions.] During such six weeks the commission shall hold sessions at least once
each week, at the time and place stated in the advertisement, and at such other
times and places as it may deem proper, to hear any objections that may be
urged against any portion of the plat, or the location of any avenue, street,
roadway, or alley; and such alterations may be made as the commission shalĺ
deem proper. [68 v. 36, § 1; 71 v. 116, § 1.]
SEC. 2633. [Copies of plans to be deposited in county recorder's and
city engineer's offices.] At the end of the time aforesaid, the commission shall
cause copies of the plat, as finally adopted, to be prepared, and such monuments
or marks as it may think proper to be placed on the grounds, and shall deposit
one copy, certified to by it, in the office of the county recorder, and another in
the office of the city engineer, and such plan shall be deemed and taken to be the
regularly adopted plan for streets and alleys in such territory; and no streets
or alleys, except those laid down on such plan, shall subsequently be in any
way accepted as public streets or alleys by the municipal corporation, nor shall
any of the public funds be expended in the improvement or repair of streets or
alleys subsequently laid out, and not on such plat: provided, however, that
nothing herein shall be construed to prevent any municipal corporation from
exercising the power of condemnation, in any of the cases where it is now or
1417
Tit. XII, Div. 8, Ch. 12. PLATTING COMMISSION.
§§ 2634-2639.
may be hereafter by law authorized to condemn and appropriate property to
public use, although it be not shown as a street on such plat. [68 v. 36, § 1;
71 v. 116, § 1.]
SEC. 2634. [Acceptance of plan by owner; dedication of streets, etc.]
The owners of any portion of the ground so platted may at any time, by a
declaration of their intention so to do, properly acknowledged and recorded in
the county recorder's office, accept such plan so far as it concerns their prop-
erty; and such acceptance, or the selling of lots referring to the plan, or the
streets and alleys therein laid out, shall be a statutory dedication of the streets
and alleys in the property described in the acceptance, or of the streets or alleys
called for in the description of the lots so sold, so far as the grantor has a right
to dedicate the same. [68 v. 37, § 2.]
As to what constitutes a common law dedication, see case of Daiber v. Scott, 3 C. C. 313.
SEC. 2635. [Joint commission by adjoining municipal corporations.]
When municipal corporations adjoin each other, it shall be lawful for the coun-
cils of such municipal corporations to agree, in any manner they may deter-
mine, upon the appointment of a joint commission for the purposes of this
chapter; and such commission, when appointed, shall have all the power over
the territory of the municipal corporations described in the resolutions of the
councils, that is hereby given to a commission appointed by a single council.
[68 v. 37, §3.]
SEC. 2636. [Amendment of plans.] Plans can be amended after adop-
tion, by like proceedings by which they were originally adopted. [68 v. 37, §5.]
SEC. 2637. [Division of territory to be platted.] Any commission
appointed under the provisions of this chapter, or of the acts of March 13, 1871,
68 v. 36, or April 20, 1874, 71 v. 116, is hereby authorized, when in its opinion
expedient, to divide the territory to be platted into districts and subdistricts,
having due regard to the natural configuration thereof, and to adopt plans for
such districts and subdistricts separately, in such order as they may think just,
by pursuing the formalities prescribed for the adoption of a plat; and the plats
for any district or subdistricts so adopted, shall, when filed, form the plan of
such district or subdistrict as provided for in this chapter; provided, that the
plan in such districts or subdistricts shall always be adopted with reference to
the general plan of improvement of the whole territory. [68 v. 37, §6.]
SEC. 2638. [Members of commissions in office to remain.] The mem-
bers of any such commission appointed under the acts of March 13, 1871, 68 v.
36, or April 20, 1874, 71 v. 116, shall hold their office until the completion of
their work, unless sooner removed by council.
SEC. 2639. [Exception as to Cincinnati.] The provisions of this chap-
ter, in regard to the appointment of commissioners, shall not apply to cities of
the first grade of the first class, but the duties herein devolved upon such com-
missioners shall be performed in such cities by the board of city commission-
ers. [76 v. 89, § 14.]
1418
Tit. XII.
STREETS.
CHAPTER 13.
STREETS.
SUBDIVISION I. Control; dedication.
Div. 8, Ch. 13.
SUBDIVISION II.
Vacation of streets by council.
SUBDIVISION III.
SUBDIVISION IV.
Vacation of streets by courts.
Labor upon streets; tax.
SUBDIVISION I.
SECTION
2640. Council to have control of streets, etc.
2641. Marking names of streets and numbers of
buildings in certain cities.
2642. Provisions by ordinance for opening streets,
etc.
2643. When turnpike or plank-roads become street.
2644. Cost of improving such turnpike or plank-road.
2645. Remedy for neglect to keep same in repair.
2646. How turnpike or plank-road condemned for
street purposes.
2647. Adaptation of turnpike or plank road to cor-
poration uses, etc.
2648. Right of toll not to be impaired.
2649. Use of national road by city or village as street.
2649-1. Control of city councils over portions of
national road.
2649-2. Transfer of certain portion of national road
to certain villages and cities; conditions.
2649-3. Agreement to keep in repair to be filed with
board of public works.
2650. Dedication of streets; acceptance by council
necessary.
2651. Power of villages to procure material for im-
provements.
2651-1. Board of administration of Cincinnati may
contract for keeping streets in repair for
certain period.
2651-2. Cities having board of public works to be
divided into twenty-five districts.
2651-3. Board to advertise for sealed proposals; term
of contract not to exceed five years.
2651-4. Bids for different streets, etc.
SECTION
2651-5. Amount and conditions of bond; board may
demand additional security; board may
reject bids and readvertise.
2651-6. Contracts performed subject to approval of
board.
2651-7. On failure to perform contracts, board may
cancel same; board may re-let or employ
workmen; council, discretion in corporate
limits.
2651-8. How contractors are to be paid.
2651-9. Board to make separate estimates; council
to levy sufficient tax for repairs; fund not
transferable,
2651-10. Board of public works of city to purchase
material, etc., for repairing streets, etc.;
compensation of employes.
2651-11. Board shall cancel part of contract upon
passage of an ordinance to improve; board
may award unexpired contract; rights and
liabilities under existing contracts.
2651-12. No increase of tax authorized.
2651-13. Repealing clause as to certain classes.
2651-14. Repairs in certain districts.
2651-15. Board of public works in certain cities to
supervise cleaning of streets; may adver-
tise for proposals for cleaning same.
2651-16. [Repeals.]
2651-17. Municipal corporations may grant the use
of streets, alleys. etc., to lay pipe for sup-
plying heat aud power.
2651-18. Where granted before passage of this act,
valid.
SUBDIVISION II.
2652. Vacation of streets, change of name, etc.
2653. Notice of application to be published, etc.
2654. Effect of order of vacation, etc.
SUBDIVISION III.
2655. Vacation or establishment of street or alley by 2656.
court.
Petition for vacation or establishment, and
notice thereof.
2658. [Repealed.]
2659. [Repealed.]
2657.
SUBDIVISION IV.
2660. Road districts and street commissioners.
2661. Road taxes, how collected and applied.
2662. Attachment of contiguous territory for road
purposes.
2663. [Repealed.]
2664. Exemption from provisions of this subdi-
vision.
2664-1. Labor upon streets, etc., of muncipality;
who liable; exemptions.
2664-2. Fines, etc., to which delinquent liable.
2664-3. Collections of fines, etc.
2664-4. Labor upon highways within road districts;
who iiable: exemptions,
2664-5. Commutation.
2664-6. Ordering out of persons liable; penalty; ap-
plication and account of money collected.
Street not to be closed until damages paid.
2661-7. Non-exemption against execution; costs in
certain case.
2664-8. Non-release by neglect to order out; direc-
tions governing time of performance.
2664-9. Production or non-production of certificate
in case ef removal.
2664-10. Appearance with required implement, etc.
2664-11. Residence.
2664-12. Collection of fines, etc.
2664-13. Expenditure and accounts; list of those
ordered out and those delinquent; dis-
position of recovered fines, etc.; money or
land; unpaid judgments; order as to pros-
ecutions.
2664-14. Transfer of money; receipt; executions on
unpaid judgments; expenditure of pro-
ceeds.
Board of public affairs in Portsmouth to have exclusive care, etc., of corporation prop-
erty, see ? (1707ƒ—7).
Alleys-board of affairs in cities of the first grade first class to improve same, see
? (2231-1) et seq.
1419
Tit. XII, Div. 8, Ch. 13.
STREETS.
§ 2640.
Streets-council of certain villages may pave streets with granite, brick, asphalt, etc.,
see ? 2293d.
Streets-cities of the first grade of the first class may pave streets with granite, brick,
asphalt, etc., see § 2293d.
STREETS.
In Cincinnati, may be paved with boulders, see? 2293e.
Improvement in Columbus, see ? (2293--13) et seq.
Improvements in Dayton, see ? (2293—31) et seq.
Hamilton and Piqua to improve, see ? (2293—57).
Care of, in Columbus, see ? (2314-11) et seq.
Cleaning and sprinkling in Columbus, see? (2314-15) et seq.
Planting and caring for trees in Columbus, see ? (2314-15) et seq.
Cleaning and sprinkling of public ways in Columbus, see ? (2314-20) et seq.
Cleaning and sprinkling of public ways in Columbus, see ? (2314-23) et seq.
Hamilton to improve, see ? (2365—1) et seq.
Hamilton to improve, see ? (2365—16) et seq.
Streets for benefit village artesian wells, see ? (2406—111).
Dry strips to be left in sprinkled streets in cities of 1st class, see ? 2310a.
When council upon petition of property owners may provide for sprinkling highways
in cities of 1st class, see 2310.
Cleaning and care of streets upon petition of property owners, see ?? 2307 et seq.
SUBDIVISION I. CONTROL; DEDICATION.
SEC. 2640. [Council to have control of streets, etc.] The council
shall have the care, supervision and control of all public highways, streets,
avenues, alleys, sidewalks, public grounds, and bridges within the corporation,
and shall cause the same to be kept open and in repair, and free from nuisance.
[66 v. 222, § 439.]
School property in Columbus added to park, see ? (3903—1).
As to railroad occupying street, see ? 3283; as to crossings of railroads, see ? (3337—8).
Care of streets in Cleveland, see ? (1545-37).
Dry strip to be left in sprinkled streets; bicyclists to have right of way of dry strip,
see ? 2310a.
Duty to keep streets in order and liability for failure to do so: Cleveland v. King, 32 U. S, 295, 302.
Where territory, including a public road connecting with the streets of a city, is annexed to the city,
and the road continues to be used as a street or thoroughfare, it thereby becomes a "public highway" of the
city within the meaning of this section, although it has never been "accepted and confirmed by an ordi-
nance specifically passed for such purpose," as provided in 2 2650: Steubenville v. King, 23 O. S 610.
Roads brought within a city by annexation are within 2640: Wabash R. R. v. Defiance, 10 C. C. 27, 32,
(affir'd 52 O. S. 262).
A pike improved by county commissioners under a special law in so far as it goes through a village is a
street and within ¿ 2640: Commissioners v. State, 50 O. S. 653, 658.
But under the two mile pike act the county may improve that part within a city: Lewis v. Laylin,
46 O. S. 663.
The council of a municipal corporation has authority to pass an ordinance prohibiting sales at auction
upon the streets, alleys, sidewalks, and public grounds. Such ordinance is neither clearly unreasonable nor
in restraint of trade: White v. Kent, 11 O. S. 550.
The use or beneficial purpose of a public common or square in a municipal corporation, where no special
limitation or use is prescribed by the dedication, is such that it may be improved and ornamented for recrea-
tion and health, or for the public buildings, or as a place for the transaction of public business of the peo-
ple, or both for the purposes of pleasure and business, at the discretion of the municipal authorities: Lang-
fey v. Gallipolis, 2 O. S. 108.
Such temporary obstructions as are occasioned in building and repairing houses, and the like, are not
prohibited by provisions conferring upon corporate authorities control over the streets: Clark v. Fry, 8
O. S. 358.
When there is a valid dedication, an action may be maintained by a municipal corporation to recover the
possession: Fulton v. Mehrenfeld, 8 Ó. S. 440.
Notorious and uninterrupted possession for more than twenty-one years by a private individual, under
a claim of right, of land dedicated to a city for streets or public squares, will bar the claim of the city to its
Cincinnati v. Presbyterian Church, S O. 298, approved and followed: Cincinnati v. Evans, 5 O. S. 594.
The state, by its canal commissioners, having appropriated property in fee for the purposes of a canal, it
was competent for the legislature to devote such property to the uses of a public highway, such as a street of
a city, without working a reversion in favor of the owner of the soil: Malone v. Toledo, 28 O. S. 613.
use.
This section, read in connection with 222601 and 2501, shows that the state in its sovereign character has
reserved no property interest in the streets. The revenues and profits that are to accrue from the use of the
streets for street railroad purposes will be the private property of the city, in which the state has no interest
whatever: Cincinnati Street R. R. Co. v. Smith, 29 O. S. 306.
Where, under the statutes in force in 1868, contiguous territory was attached to a town corporation for
road purposes, a street commissioner of the town might lawfully enter upon and take from the lands situate
near a public road needing repair in such territory material required and necessary to repair such road,
although the land from which the material was taken was in another and different road district: Burrows v.
Cosler, 33 0. S. 567.
Where a street is to be made at an elevation above the natural surface of the ground, it is clearly compe-
tent for the corporation, under these provisions, to appropriate the right to use so much of the abutting
property as may be necessary to furnish the requisite lateral support to the street. The owner may still use
it for all purposes not inconsistent with the special purpose of furnishing the necessary support to the street:
Dodson v. Cincinnati, 34 O. S. 279.
1420
$ 2640.
STREETS.
Tit. XII, Div. 8, Ch. 13.
A railroad company wrongfully laid its track in a public highway, and after it had continued the
obstruction more than six years an action was brought against it under the act of 1873: Held, that neither
the limitation of four years nor that of six years was a bar to the action: Railroad Co. v. Commissioners, 35
O. S. 9.
Directions by mayor concerning the improvement of streets, unless authorized by council, are without
authority: Railway Co. v. Village of Carthage, 36 O. S. 631.
A city can not pass an ordinance authorizing the owners and drivers of hackney coaches to occupy a
public street, on which stores front, so as to constitute an unlawful obstruction of the right of access to the
street Branahan v. Hotel Co., 39 O. S. 333.
•
The intention of the legislature was that the authorities having the streets and highways in charge
could only contract with the R. R. Co. for the use of the streets by the R. R. Co. so far as it was necessary for
the R. R. to use them: The L. S. & M. S. Ry Co. v. Elyria, 14 C. C. 52; 7 O. D. 312.
Where a R. R. Co. is given the right to use a street and the R. R. Co. makes a cut through a street crossing
and erects fences on both sides to prevent people from falling into the cut and using the street crossing, this
in the absence of any notice to the public that it claimed the exclusive use of such crossing and its failure
to restore the street will not establish the claim by limitation, although continuing for more than twenty-one
years: The L. S. & M. S. Ry. Co. v. Elyria, 14 C. C. 48; 7 O. D. 312.
The municipality cannot shift responsibility because sidewalk is constructed by the property owner:
Alliance v. Campbell, 3 O. D. 630.
The municipality is not entitled to notice where the defect arises in the original construction; but if the
defect is not of such a character, there must be actual or constructive notice: Id.
Sidewalks must conform to the grade of the street, and a city is bound to see that that is so: Toledo v.
Higgins, 12 C. C. 541; 5 O. D. 485.
The duties imposed by 2640 are modified by the provisions of 3283, so that the permission given to do
what is authorized by 2 3283 would not be a violation of 22640: Dillenbach v. Xenia, 41 O. S. 207.
Notwithstanding the fact that a city authorizes by ordinance a railroad company to lay tracks in a street,
its supervision of and responsibility for the street continues, subject only to the use by the company as
granted: City v. McGill, 41 O. S. 235.
Where the city contracts with an independent contractor to do work which is necessarily dangerous, on
a street, a duty rests upon the city to keep the subject of the work in a safe condition: Circleville v. Neuding,
41 O. S. 469.
An injury resulting from the discharge of cannon in a street does not render the municipal corporation
liable in damages. The case falls within the police power, and not within that wherein it represents prop-
erty rights. In the former class of cases there is no liability. In the latter class, the measure of liability is
the same as in the case of individuals for similar acts: Robinson v. Greenville, 42 O. S. 625.
An ordinance granting a franchise to use a street, which contains a condition that work shall be begun
under the ordinance within one year from its passage, is not forfeited if the beginning of the work within
the year is prevented by proceedings in injunction by the city solicitor: State ex rel. v. Boyce, 43 O. S. 46.
Where a bridge located in a village is destroyed, the right of action for the injury is in the county com-
missioners: Perry Co. v. Railroad, 43 Ő. S. 452.
As to the liability of a city for damages occasioned by a person falling on a slippery sidewalk: Chase v.
City of Cleveland, 41 O. S. 505.
The law exacts of municipalities only that which is practicable and reasonable in regard to keeping
streets open, in repair, and free from nuisance: Ib. 515, 516.
By a special act, work was done under the direction of the board of public affairs of the city of Cincin-
nati, in improving an avenue wholly within the city limits and already under the control of the city. By the
neglect of the board the premises of an abutting owner were injured: Held, the board was acting as an
agent of the city, and the latter is liable for damages resulting from such injury: Johns v. Cincinnati, 45
O. S. 278.
As to control of bridges in municipal corporations, see note to 3 860: County Commissioners v. Railway
Co,, 45 O. S. 401; State v. Commissioners, 49 O. S. 301, 304.
A municipal corporation, by allowing a street to become dangerous, maintains a nuisance, and is liable
for damages for a personal injury resulting therefrom: Village of Cardington v. Administrator of Fredricks,
46 O. S. 442.
This section necessarily implies the right and duty to grade and this right is a continuing one and can-
not be bargained away or abridged by the city: Gas Light and Coke Co. v. Columbus, 50 O. S. 65.
The city is liable for omission of duty to keep streets in repair, although the person who caused the
nuisance may also be liable over: Zanesville v. Faunan, 53 O. S. 605.
A petition in an action against a municipal corporation for the recovery of damages for personal injuries
caused by the obstruction of a street, is bad où demurrer where it fails to aver that the corporation negligently
caused such obstruction; or that, not having caused the same, it had actual retice of its existence and
failed to remove it within a reasonable time; or that, in the absence of actual netice, such obstruction con-
tinued for such length of time prior to the injury that notice was fairly to be inferred: Village of Grove-
port v. Bradfield, 2 C. C. 145.
In an action against a municipal corporation for injuries sustained by reason of a defective sidewalk,
the better practice is to set out in the petition the dangerous character of the sidewalk: Village of Middle-
port v. Taylor, 2 C. C. 366.
The mere allegation that it was the duty of the corporation to keep the sidewalk in repair, and that it
negligently omitted to do so, without alleging that it had notice of the defect before the injury, or some facts
from which notice would be implied, or that the defect was caused by some positive misfeasance of the corpo-
ration, its officers or employes, is not sufficient to sustain an action: Ib.
In such an action, where it appears that the city or village had no notice, express or implied, of such
obstruction or defect, or did not cause the same, it is not liable, although there be no contributory negligence
on the part of the plaintiff: Ib.
Where a pedestrian, without necessity, or for his own pleasure or convenience, leaves the sidewalk, it
being in good condition, and resorts to the street, and in doing so meets with an accident outside the side-
walk, he is guilty of such contributory negligence as will bar his right to recover against the corporation: Ib.
As to power of county commissioners in the improvement of streets, see Laylin v. County Commis-
sioners, 3 C. C. 338.
As to questions of evidence in suits against municipal corporations on the ground of negligence, see
Ashtabula v. Bartram, 3 C. C. 640.
Whether the city council can be sued under 3 2640: Herrick v. Cleveland, 7 C. C. 470, 479.
03
This section gives no power to grant to a light company the right to erect poles in the streets: Brush Co.
v. Jones Bros. Co., 5 C. C. 340, 341.
A grant to a R. R. Co. to use a street is a grant to the Co. to use the street in common with the public:
The L. S. & M. S. Ry Co. v. Elyria, 14 C. C. 48; 7 O. D. 312.
Streets and highways are held in trust, the officers having them in charge being trustees for the public,
and as such, because they are trustees, are exempt from liability. The road system is really a part of the
state itself: The L. S. & M. S. Ry. Co. v. Elyria, 14 C. C. 48; 70. D. 312.
A municipality is liable for an injury caused by a hole in a bridge within its corporate limits, notwith-
standing the duty of the county commissioners to construct and keep such bridge in repair: Mooney, adm'r
v. St. Marys, 15 C. C. 446.
1421
Tit. XII, Div. 8, Ch. 13.
STREETS.
SS 2641-2644.
A municipality can not recover indemnity from a property owner on account of a judgment against it
for injuries caused by the negligent construction of sidewalk by the owner in pursuance to a notice to con-
struct by the municipality and accepted by it: Wilhelm v. Defiance, 58 O. S. 56.
The city can impose, upon whom the privilege is conferred of temporarily obstructing a street for con-
structing a building, duties of not only saving the city from loss but travelers from injury: Reuben v. Swigart,
15 C. C. 565.
An abutting owner who creates a nuisance in a sidewalk is liable for injury to pedestrian: Morris v.
Woodburn, 57 O. S. 330.
Duty to keep streets in condition is primarily for traveling purposes: Hamilton, etc., Co. v. Hamilton,
4 O. D. 10; 1 N. P. 366.
The city must take care of bridges within its limits: State ex rel. v. Cin., 4 N. P. 313; 4 O. D. 313.
Where the county commissioners are compelled to build a viaduct in a city, on the completion thereof the
city must take charge of it and keep it open and in repair, but if it neglects or refuses to do so the county
commissioners are not the proper parties to compel the city to accept it by proceedings in mandamus: State
ex rel. v. Cin. et al.. 4 N. P. 312; 4 0. D. 313.
A city has the right to demand and receive a portion of the bridge fund levied on property within the
corporation: Ið.
Bridge built by county passing to city's control is governed hereby: State v. Cin., 4 O. D. 368; 4 N. P. 313.
City not liable for safe keeping of a bridge over a state or county road unless city has demanded and
received its share of the county bridge fund: Brink v. Col., 37 W. L. B. 22,
SEC. 2641. [Marking names of streets and numbers of buildings in
cities of the second class.] In any city of the second class, the council
may, by ordinance, require the names of streets to be marked at the corners
thereof, and numbers to be legibly placed on buildings by the owners of
property abutting on any street, prescribing the style and manner of so
marking the names of streets and placing the numbers on buildings and
specifying the time within which the same shall be done, which shall not
be less than thirty days after the taking effect of the ordinance, and notice of
such requirement shall be published in one or more newspapers printed and
of general circulation in the city for at least ten days; and in case the owner
of any property within the limits specified in the ordinance and notice, fails so
to mark the names of the streets or to place the number on any building
according to the requirement, the city may have the work done and assess the
cost thereof on the lots or lands on which the same are placed and collect the
same in the same manner as other assessments; and any such city may pro-
vide, by ordinance, a fine and imprisonment, or both, to be imposed on any
person who willfully obstructs or interferes with any person employed by the
city to place such names or numbers as aforesaid or who tears down, removes
or defaces the same. [89 v. 85; 76 v. -, §§ 1, 2, 3.]
76 v. -, ?? 1, 2, 3, is the reference appearing in enrolled copy.
SEC. 2642. [Provision to be made by ordinance for opening streets,
etc.] When it is deemed necessary by the council of any municipal incorpo-
ration to open, extend, straighten, narrow, or widen any street, alley, or public
highway within the limits of such corporation, the council shall provide by
ordinance for the same; such ordinance shall briefly, and in general terms,
describe the property, if any, to be appropriated for such purposes; and the
proceeding for such appropriation shall be as provided in chapter three,
division seven, of this title. [70 v. 126, § 583.]
No preliminary resolution declaring the necessity is necessary in condemning for street purposes: Tyler
". Columbus, 6 C. C. 244, and see cases cited under ? 2235.
SEC. 2643. [When turnpike or plank-road becomes street.] When
any turnpike or plank-road terminates within the corporate limits, any portion
of it so included therein shall become a public street of the corporation and
shall be maintained and kept in repair as other streets; and the council may
cause the same to be condemned and appropriated for use as such, according to
the provisions of chapter three, division seren, of this title. [66 v. 236, §510.]
Board of Administration of Cincinnati may improve turnpikes or avenues which have
become city streets, 90 L. L. 267.
SEC. 2644. [Cost of improving turnpikes, etc.] When any portion of
a turnpike or plank-road, or the control thereof, is required by a municipal
corporation, or when any arrangement is made with the company owning the
same for the improvement or repair thereof, provision for the cost, and for
improving and keeping such turnpike or road in repair, shall be made, as is
provided with respect to the streets and other highways of the corporation.
[66 v. 250, $597.]
The cost of condemning a toll-road in a city, paid to the turnpike company, may be assessed on abut-
ting property: Winslow v. Cincinnati, 10 C. C. 191.
1422
S$ 2645-2649.
STREETS.
Tit. XII, Div. 8, Ch. 13.
SEC. 2645. [Remedy for neglect of corporation to keep turnpike, etc.,
in repair.] If a municipal corporation condemn any portion of a turnpike or
plank-road, and fail to keep the portion so condemned in as good condition
and repair as is required by the charter of the company, the directors of the
company may, by writ of mandamus, compel the corporation to perform that
duty. [72 v. 164, §598.]
SEC. 2646. [How turnpike or plank-road condemned for street pur-
poses.] If any city has extended or hereafter extends its limits so as to include
therein a portion of any turnpike or plank-road, without purchasing or condem-
ning the same, the council shall, within six months after the mayor is notified in
writing that such company demands compensation therefor, proceed in the man-
ner prescribed in chapter three, division seven, of this title, to cause such por-
tion of such turnpike or plank-road to be condemned for street purposes; on
failure of such council so to proceed, the president of such turnpike or plank-
road company, if authorized by the directors thereof, may file an application
in the court of common pleas of the proper county, setting forth the facts
aforesaid, and asking that the value of such portion of the turnpike or plank-
road may be assessed by a jury; the cause shall be conducted to final judgment
in the manner provided in said last mentioned chapter, so far as the same is
applicable, and such city shall pay the compensation awarded by the jury, with
interest, and cost, in such proceeding, within one year after date of the rendi-
tion of the verdict, and when the compensation awarded has been paid, the
title to such portion of such turnpike or plank-road shall vest in the city; and
for the purpose of providing means to pay for the same, the city council of any
city of the first or second grade of the second class, may levy a tax in addition
to the amount now limited by law. [72 v. 164, § 598.]
A corporation organized under the act of May 7, 1869, to provide for the keeping in repair of gravel and
macadamized roads, etc., although the road of such corporation be a plank-road, must proceed under 2598 of
the Municipal Code, and is not entitled to a civil action as a plank-road company under the act of March 23,
1869 Plank-road Co. v. Toledo, 31 O. S. 588.
SEC. 2647. [Adaptation of turnpike or plank-road to corporation
uses, etc.] When the road of any turnpike or plank-road company passes
through or terminates in any municipal corporation, the council or trustees
shall have power, with the consent of the company, to make any improvement
or repair of such road, additional to the improvement or repair required by
law of the company, that, in the opinion of the council or trustees, will better
adapt such road to use as a street of the corporation. [66 v. 251, §599.]
SEC. 2648. [Right of toll not to be impaired.] The right of any com-
pany to take toll at any toll-gate established in the corporation, shall not be
impaired by anything in this title contained, except where the road of the com-
pany has been duly appropriated, and compensation made therefor, or the
rights of the company in the road have been surrendered by agreement. [66 v.
251, § 600; 66 v. 36.]
A contract between a turnpike company and a city, allowing the former to make a portion of its road
within the limits of the latter and collect tolls thereon, is to be construed with reference to the laws provid-
ing for the location of toll-gates. And the company having a toll-gate properly located, may collect tolls
thereat for the portion of the road within the city, if the contract be not otherwise objectionable: Springfield
Turnpike Co. v. Springfield, 27 O. S. 584.
Section 34 of the act of May 1, 1852 (S. & C. 295), made it unlawful "to keep up" the toll-gate or collect
tolls thereat after a city line included it. Section 600 of the act of May 7, 1869 (66 v. 251), did not repeal or
modify said 2 34: Turnpike Co. v. Kelley et al., 41 O. S. 144.
SEC. 2649. [Use of national road by city or village as street; agree-
ment with county commissioners to keep same in repair.] The council of
any city or village through which the National Road passes may, after filing
with the county commissioners an agreement, in writing, authorized by the
council, and signed by the president thereof, binding itself to keep such road
in such repair as is contemplated by the act or acts of congress ceding to the
state of Ohio the jurisdiction and control of such portion of said road as lies
within this state, take under their care and control so much of the road as
passes through the corporate limits of such city or village, and use and occupy
the same as a street or streets for such city or village; and when such road is
1423
Tit. XII, Div. 8, Ch. 13.
STREETS.
§ (2649—1).
so taken, the same shall be kept in the repair aforesaid, at the proper cost and
expense of the city or village. [70 v. 194]
(2649-1) SEC. 1. [Control of city councils over portions of national
road.] The city council of any municipal corporation in this state, through
which the national road passes, shall have power to improve, repair, widen,
and grade the road-bed, gutters, and sidewalks of said road within the corporate
limits of such city, in the same manner and upon the same terms and con-
ditions that such city council are now authorized to make such improvements,
repairs, and grades, by virtue of "an act to provide for the organization and
government of municipal corporations," passed May 7th, 1869, and all acts
amendatory thereof. [70 v. 153.]
(2649-2) SEC. 1. [Transfer of national road to certain cities and
villages; conditions.] The council of any city or incorporated village within
this state, through which the national road passes may, and they are hereby au-
thorized to take under their care and control so much of the said road as passes
through the corporate limits of such city or village, and use and occupy the
same as a street or streets for such city or village. That where said road shall
be so taken by such city or village, the same shall be kept in such repair at the
proper costs and expenses of the city or village so taking possession thereof, as
is contemplated by the act or acts of congress ceding to the state of Ohio the
jurisdiction and control of such portion of said road as lies within this state:
provided, that if at any time, in the opinion of the board of public works, any
portion of said road so taken possession of by any city or village, is not kept in
such repair, said board may, in its discretion, resume the control and manage-
ment of said portion, and from that date the power given in this act to such
city or village shall cease. [70 v. 194.]
(2649-3) SEC. 2. [Agreement to keep in repair to be filed with board
of public works.] Before exercising any such control over any such portion
of said road as lies within its corporate limits, such city or village shall file
with said board of public works an agreement in writing, binding itself to keep
such road in such repair; which agreement shall be authorized by the council
thereof, and signed by the president of such council. [70 v. 194.]
SEC. 2650. [Dedication of streets; acceptance by council necessary.]
No street or alley which has been or may be dedicated to public use by the pro-
prietor of ground in any corporation, shall be deemed a public street or alley.
or under the care or control of the council, unless the dedication is accepted
and confirmed by an ordinance specially passed for such purpose. [66 v. 222,
§ 440.]
This section is not intended as a limitation upon the general powers of the corporation for opening and
improving streets, but as a restriction to prevent the vesting in the corporation the title to streets and alleys,
and thus charging it, without its consent, with the duty of keeping them open and in repair: Wisby v. Bonte,
19 O. S. 238.
The passage of an ordinance recognizing the street by name, and ordering and making an improvement,
is an acceptance or adoption of the street by the corporation; and the right of the corporation to its care,
supervision, and control, is not impaired by this section: Ib.
Acceptance by ordinance is not necessary of a road brought into the city by annexation: Steubenville
v. King, 25 O. S. 610: Wabash R. R. v. Defiance, 10 C. C. 27, 32, affir'd 52 O. S. 262.
A dedication of ground for public uses may be made, in Ohio, either under the statute or according to
the rules of the common law: Fulton v. Mehrenfeld, 8 O. S. 440; Wisby v. Bonte, 19 O. S. 238.
In the former case the dedication is effected, under the operation of the statute, by way of grant; in the
latter, it generally operates by way of estoppel: Ib.
See Williams v. Pres. Soc., 1 O. S. 478; Brown v. Manning, 6 O. 298; Lockland v. Smiley, 26 O. S. 94.
Existence of a grantee not essential to validity of dedication: Brown v. Manning, 6 O. 298; Bryant v. Mc-
Candless, 7 O. (2 pt.) 135; Williams v. Pres. Soc., 1 O. S. 478.
What acts operate as a dedication: Bailey v. Copeland, W. 150; Brown v. Manning, 6 O. 298; Le Clercq v.
Gallipolis, 7 O. (1 pt.) 218; Lebanon v. Warren Co., 9 O. 80; McLaughlin v. Stevens, 18 O. 94; Williams v. Pres.
Soc., 1 O. S. 478, 509; Penquite v. Lawrence, 11 O. S. 274; Gall v. Cincinnati, 18 O. S. 563; Wisby v. Bonte, 19 O. S.
238.
The statute of limitations runs against a municipal corporation: Cincinnati v. First Presbyterian Church,
8 O. 310; Williams v. Pres. Soc., 1 0. S. 478, 510; Cincinnati . Evans, 5 O. S. 594; Lane v. Kennedy, 13 O. S, 42.
A condition in a deed of dedication exempting from assessment the abutting lots for the improvement
of the streets dedicated, is invalid. While the public had power to accept the dedication, it had no power to
accept the condition. The deed takes effect, but the exemption is void: Richards v. Cincinnati, 31 O. S. 506.
Widow not entitled to dower in grounds given for public use: Guynne v. Cincinnati, 3 O. 24.
1424
§ 2651.
STREETS.
Tit. XII, Div. 8, Ch. 13.
As to what constitutes a private alley for the use of adjoining property holders, as distinguished from a
public alley: Satchell v. Doram, 4 O. S. 543.
As to when a street or alley is not a public way, see Lough v. Machlin, 40 O. S. 332.
As to what constitutes a common law dedication, see Daiber v. Scott, 3 C. C. 313.
A covenant to dedicate without compensation upon demand of the grantor, his heirs or assigns, cannot
be enforced by the municipality: Cin. v. McMakin, 38 W. L. B. 261, edit.
SEC. 2651. [Power of villages to procure material to improve streets.]
The councils of villages, where material for graveling and macadamizing the
streets must be transported by rail, shall have like power with county commis-
sioners in case of turnpike roads. [67 v. 52, §2.]
(2651-1) [Board of administration of Cincinnati may contract for
keeping streets in repair for certain period.] That the board of administra-
tion of any city of the first grade of the first class, shall have full and final
authority to, and may at any time whenever and as often as in its judgment
the best interests of the city will be so subserved, contract in the manner here-
inafter stated for the keeping in repair for a period not exceeding ten (10) years,
any of the streets of such city. Whenever said board determines to contract
for such repairs as to any of said streets, it shall adopt specifications showing
the period for which such contract is to be made, the street or streets to be in-
cluded therein, and the nature of the work to be done thereunder, and shall
advertise in some newspaper of general circulation within said city for a period.
of thirty days for sealed proposals to perform such work, and shall contract
with the lowest responsible bidder to perform said contract, or shall reject all
such proposals. Said board may require the bidders to give such security as it
may think proper that they respectively will execute the contract if the same
be awarded to them, and shall require the successful bidder to give security to
the satisfaction of said board for the performance of such contract provided
that such security shall not be less in value than the cost as estimated by said
board of administration of the repairs to be made under such contract if the
same shall not exceed five years, and otherwise than said costs estimated as
aforesaid during the first five years of such contract. The certificate required
by sections 2699 and 2702 of the Revised Statutes shall not be required with
reference to such contracts; and in lieu thereof, the board of administration
shall forthwith upon the making of any such contract and annually thereafter,
during the existence thereof, certify to the auditor of every such city a careful
estimate of the amount to be expended under such contract for the ensuing
year, and also, in all of said subsequent years, a statement of any deficiency
that may have arisen as to the preceding year by reason of an under-estimate
therefor, and not have been paid to such contractor, the sums so certified shall
forthwith be charged against the fund from which repairs to streets are paid,
and shall not thereafter be considered unappropriated until the contractor shall
have been paid in full from said fund, or other funds of said city, the sums ac-
crued and accruing to him under such contract, up to the expiration of the year
for which such estimate is made. [88 v. 444.]
This section was enacted as ? 2293e, but its subject matter made it impossible to pre-
serve that numbering.
(2651-2) SEC. 1. [Cities having board of public works to be divided
into twenty-five districts.] In all cities of the first class having a population
of more than one hundred and fifty thousand inhabitants at the last federal
census, and in which shall exist a board of public works, it shall be the duty
of the said board of public works, within one month after the passage of this
act, to divide such cities into not less than twenty-five districts of as near equal
size as practicable. [73 v. 212.]
(2651-3) SEC. 2. [Board to advertise for sealed proposals; term of
contract not to exceed 5 years.] Immediately after the division of said cities
as aforesaid, the board may cause to be advertised for ten days, in some news-
paper of general circulation within said city, an invitation for sealed proposals
for maintaining, furnishing materials, and for repairing and keeping in good
1425
Tit. XII, Div. 8, Ch. 13.
STREETS.
§ (2651-4).
order each avenue, street, alley, wharf, market-space, and court within said dis-
trict, in said cities, belonging to the several districts, at a stated sum per annum,
for each and every year, for a term not exceeding five years from the date of
contract with the same or similar material with which said avenue, street, alley,
wharf, market-space, and court may have heretofore been paved or improved,
unless it shall otherwise be determined by said board as hereinafter provided.
[1879, March 31: 76 v. 46; 73 v. 212, §2.]
(2651-4) SEC. 3. [Bids for different streets, etc.] Proposals for con-
tracts shall contain a bid for each avenue, street, alley, wharf, market-space,
or court in the district proposed for, and awarded to separate and distinct per-
sons, firms, and bodies, and no person, firm, or body shall be awarded the con-
tract for more than one of said districts. [73 v. 212.]
(2651-5) SEC. 4. [Amount and conditions of bond; board may demand
additional security; board may reject bids, and re-advertise.] Each person,
firm, or body shall enclose with their bid, a bond in the sum of one thousand
dollars, to be signed by themselves and two freeholders, and to be approved by the
board of public works, to the effect that if said contract is awarded them, that they
will accept and comply with the terms thereof, and unless such bond accompany
said bid, the same shall not be entertained by said board, and said board may,
in addition thereto, require from said contractors such other bond or bonds as
they may deem best, conditioned for the faithful performance of said contract,
and said contract may be awarded to the lowest and best bidder therefor, but
said board may reject any and all bids, and so doing may re-advertise at once
for more proposals. [1879, March 31: 76 v. 46, § 2; 73 v. 213, §4.]
(2651-6) SEC. 5. [Contracts performed subject to approval of board.]
All said contracts shall be carried out and performed subject to the approval
of the board of public works in said cities, and any question as to the faithful
performance of said contracts arising upon the written complaint of said con-
tractor, or any citizen of said cities made to the board. [73 v. 212.]
(2651-7) SEC. 6. [On failure to perform contracts, board may cancel
same; board may re-let or employ workmen; council, discretion in corpo-
rate limits.] Should any of said contractors fail to keep and perform the
contracts made, or should the same be abandoned, the said board shall cancel
the same, and thereafter the said contract may be re-let, in manner and form
as hereinafter provided, for the unexpired portion of said contract: provided,
however, that such board may, if they deem it advisable, purchase such mate-
rials and employ such laborers and other employes as they may deem neces-
sary, under the provisions of this act, to make the needed repairs, and shall fix
their compensation therefor, the same to be paid upon warrant to the city audi-
tor, and a pay-roll in triplicate, one to be filed with the city auditor, one with
the city treasurer, and one in the office of the board of public works, said pay-
roll to be certified to by the president, and attested by the clerk of said board;
but in no case shall the expenditures under the provisions of this section
exceed the amount called for by the contracts now in existence, nor be so
expended as to interfere with the prompt payment of contractors, as hereinafter
provided, but council may, in its discretion, provide means from the general
fund for the maintenance and repair of such streets, lanes, alleys, etc., as may
come under the provisions of this act by reason of improvements or extension
of the corporate limits. [1879, March 31: 76 v. 46; 72 v. 213, §6.]
(2651-8) SEC. 7. [How contractors are to be paid.] At the end of each
and every week, if said contracts have been faithfully performed (and no com-
plaint shall have been made as heretofore provided), the said board of public
works shall give, upon demand of said contractors, his certificate to that effect,
and upon presentation thereof, the said board shall draw upon the city treasury
for one fifty-second part of the said annual contract price, but the said board
91
1426
§ (2651-9).
STREETS.
Tit. XII, Div. 8, Ch. 13.
may retain therefrom, as an additional guarantee for the performance of said.
contract, and in addition to the bond herein before stated, such proportion
thereof as it may deem just and equitable, which amount may be stated in said
contract. [73 v. 213.]
(2651-9) SEC. 8. [Board to make separate estimates; council to levy
sufficient tax for repairs; fund not transferable.] At the time of making
annual estimates, it shall be the duty of said board to make a separate estimate,
as approximately as may be, of the total amount required, either under this act
or under the act to which this act is supplementary, for the maintenance and
repair of the streets, avenues, alleys, wharves, market spaces, and courts within
such city, which estimate shall be separately certified to the common council
of said city; and the said council shall thereupon, at the time the same is annu-
ally made by it, provide a levy upon all the taxable property within said city
sufficient to cover said estimate, and when the same shall have been collected
it shall be placed to the credit of the fund, to be called the street repairing
fund; and shall be thereafter kept in said fund, and shall not be transferred,
paid out, or used for any other purpose whatsoever than that for which the
levy was made. [1883, January 11: 80 v. 3; 76 v. 46, 47; 73 v. 213.]
(2651-10) SEC. 1. [Board of public works of city to purchase mate-
rials, etc., for repairing streets, etc.; compensation of employes.] That the
board of public works of any such city, at any time when, in their judg-
ment, the best interests of such city will be subserved, is authorized and
empowered to purchase the necessary materials, and employ such overseers and
laborers as they may deem necessary, and fix their compensation, for the pur-
pose of repairing and maintaining, in good repair, the streets, avenues, alleys,
wharves, market spaces, and courts within any or all of the districts created in
such city under [§(2651-2)] section one of said act; the compensation of all such
employes to be paid upon warrant of the comptroller of said city, and a pay-
roll in triplicate; one to be filed with such comptroller, one with the city treas-
urer, and one in the office of the board of public works of said city; said pay-
roll to be certified to by the president, and attested by the clerk of said board.
[1883, January 11: 80 v. 3.]
(2651-11) SEC. 9. [Board shall cancel part of contract upon passage
of an ordinance to improve; board may award unexpired contract; rights
and liabilities under existing contracts.] Upon the passage of an ordinance
to improve any of said avenues, streets, alleys, market spaces, wharves, and
courts, the said board shall cancel the said contract, in so far as it may apply
to the repair of said street, avenue, alley, wharf, market spaces, and courts
ordered to be improved, but such construction shall affect no other portion of
said contract, and after the same shall have been improved, the maintenance
and repair thereof and material therefor may be awarded to the lowest and best
bidder therefor for the unexpired portion of said term of five years, and in the
manner and under the same conditions as provided herein before for the letting
of districts: provided, that the contractor for the district in which such
improvement shall be made shall be privileged first to make contract therefor
at the price fixed by the lowest bid: provided, that if the said board of public
works deem it for the public good, they may place the same back upon the con-
tract at the price fixed in the former bid, or said board may, if deemed best,
have the work done themselves: provided, however, that nothing herein con-
tained shall alter rights or liabilities under existing contracts. [1879, March
31: 76 v. 46; 73 v. 214, § 9.]
(2651-12) SEC. 10. [No increase of tax authorized.] Nothing herein
contained shall be so construed to authorize the increase of the tax which such
cities are now permitted to levy, and in so far as this act is concerned. [73 v.
213.]
1427
Tit. XII, Div. 8, Ch. 13.
STREETS.
§ (2651-13).
(2651-13) SEC. 11. [Repealing clause as to certain classes.] For the
purposes of this act only, and no further, all other acts in conflict with this
act, are and the same are hereby repealed, but the same shall remain in force
as to all other acts and purposes the same as if this said act had not been
passed. [73 v. 213.]
(2651-14) SEC. 2. [Repairs in certain districts.] That said board of
public works, if they deem the same advisable, may designate one or more of
said districts, and may contract for the repair of the streets, avenues, alleys,
wharves, market spaces, and courts within such district or districts in the man-
ner pointed out in the act to which this act is supplementary. [1883, Janu-
ary 11: 80 v. 3.]
(2651-15) SEC. 1. [Board of public works to supervise cleaning
streets; may advertise for proposals to clean same.] In all cities of the first
class having a population of more than two hundred thousand, the board of
public works shall be and they are hereby authorized and required to supervise
the cleaning of the streets, alleys, avenues, lanes, public wharves, and build-
ings, market-houses and spaces, bridges, sewers, drains, ditches, culverts, ship
channels, streams and water courses of the corporation, under the control of
the council of the city: provided, nevertheless, the board may at any time,
when in their judgment the best interests of the city will be subserved, adver-
tise for proposals for cleaning the same, and may renew any contract with any
person or persons having existing contracts for their use and occupancy.
Whenever the board determines to contract for such cleaning they shall adver-
tise for sealed proposals to perform the work in some newspaper of general cir-
culation within said city or cities for a period of ten days, and shall contract
with the lowest responsible bidder to perform said contract; and for the faith-
ful performance of the same may demand such security as in their judgment
they may deem proper, or may reject any or all such proposals or bids at their
discretion. [75 v. 104.]
(2651-16) SEC. 2. [Repeals.] That the act entitled "an act to pro-
vide for the cleaning of sewers, catch-basins, avenues, streets, alleys, market
places, wharves, etc., in cities of the first class having a population of more
than one hundred and fifty thousand at the last federal census," passed April
21, 1877, be and the same is hereby repealed. [75 v. 104.]
For street cleaning acts where the cost is assessable on abutting property, see ?(2314—1)
et seq.
(2651-17) SEC. 1. [Municipal corporations may grant the use of
streets, alleys, etc., to lay pipe for supplying heat and power.] Any
municipal corporation may, by ordinance, use or grant the use of its streets,
avenues, alleys, lanes, and public places, to lay pipes and drains under the
surface thereof, to be used for the purpose of supplying its inhabitants with
heat and power, upon such terms as such corporation may deem proper. [77
v. 83.]
This act is broad enough to apply to a new agency as natural gas: Toledo v. N. W. Ohio Nat. Gas. Co.,
5 C. C. 557, 565.
(2651-18) SEC. 2. [Where granted before passage of this act, valid.]
That in all municipal corporations which may have heretofore, by ordinance,
authorized the use, by any person or corporation, of the streets, avenues, alleys,
lanes, and public places of such municipal corporation, for the purpose of
laying pipes and drains below the surface thereof to convey and supply its
inhabitants heat and power, such ordinances shall be held as valid and binding,
as if the power in all such municipal corporations to so grant such use of its
streets, avenues, alleys and public places had been expressly enumerated in the
general municipal corporation act now in force; provided, that the councils of
such corporations are empowered to regulate, by ordinance, at intervals of
1428
§§ 2652-2655.
STREETS.
Tit. XII, Div. 8, Ch. 13.
five years, the price which such person or company may charge for such heat or
power. [77 v. 83.]
See 221653 and 1692.
This act is not in conflict with ¿ 28, Art. II, or § 1, Art. XIII of the Constitution: Kumler v. Silsbee, 38
03. 15.
SUBDIVISION II. VACATION OF STREETS BY COUNCIL.
SEC. 2652. [Vacation of streets, change of name, etc.] The council
of any city or village, on petition by any person owning a lot in the corpora-
tion praying that a street or alley in the immediate vicinity of such lot may
be vacated or narrowed, or the name thereof changed, may, upon hearing, and
upon being satisfied that there is good cause for such change of name, vaca-
tion or narrowing, that it will not be detrimental to the general interest, and
that the same should be made, declare by ordinance such street or alley vacated,
narrowed, or the name thereof changed; provided, however, that where, in
any city or village, there shall be two or more streets, avenues or alleys of the
same name, the council may, by ordinance and without petition therefor,
change the name of any such street, avenue or alley, so as to leave only one
street, avenue or alley to be designated by said original name. And council
may include in one ordinance the change of name of more than one street,
avenue or alley. [90 v. 350; 67 v. 78, 491; (S. & C. 1531).]
For vacation of streets by court, see ? 2655 et seq.
Misuser and non-user do not work a forfeiture: Williams v. Pres. Soc., 1 O. S. 478.
See note to Cincinnati v. Evans, 5 0. S. 594, under 2640.
The name cannot be changed without good cause except on petition of property holders: Miller v. Cin-
cinnati, 21 Bull. 121, edit.
The streets and highways can not be abandoned except in a manner provided by statute, and can not be
destroyed except in a way for the good of the public: The L. S. & M. S. Ry. Co. v. Elyria, 14 C. C. 52; 7 O. D. 312.
SEC. 2653. [Notice of application to be published, etc.] No street or
alley shall be vacated or narrowed as aforesaid, unless notice of the pendency
and prayer of the petition be given by publishing the same in some newspaper
published or of general circulation in such municipal corporation, for six con-
secutive weeks preceding action on such petition, or, where no newspaper is
published in the corporation, by posting the notice in three public places
therein six weeks preceding such action; and action thereon shall take place
within three months after the completion of the notice. [67 v. 78, §492;
(S. & C. 1531).]
SEC. 2654. [Effect of order of vacation, etc.] The order of the council
vacating or narrowing any street or alley which has been dedicated to public
use by the proprietor, shall, to the extent to which the same is vacated or nar-
rowed, operate as a revocation of the acceptance thereof by the council; but
the right of way and easement therein of any lot owner shall not be impaired
thereby. [66 v. 232, § 493.]
Whether the title on vacation generally goes to the abutting proprietors: Stevens v. Shannou, 6 C. C.
142 (approved by supr. ct. 31 Bull 156); but not so if the street was never accepted and there is no estoppel:
Lough v. Machlin, 40 O. S. 332.
SUBDIVISION III. VACATION OF STREETS BY COURT.
SEC. 2655. [Vacation or establishment of street or alley by court.]
On petition filed in the court of common pleas by any person owning a lot in
any city or in an incorporated or unincorporated hamlet or village, for the
establishment or vacation of a street or alley in the immediate vicinity of such
lot, the court, upon hearing, and being satisfied that it will conduce to the gen-
eral interests of such city, hamlet, or village, may declare such street or alley
established or vacated; but the remedy shall be in addition to those prescribed
in this title. [37 v. 44, §1; 76 v. 25, § 15; S. & C. 1487.]
For vacation of streets by council, see ?2652 et seq.
The statutory remedy may be resorted to where there has been a clear non-user for 21 years: Nail &
Iron Co. v. Furnace Co., 46 O. S. 544, 549.
1429
Tit. XII, Div. 8, Ch. 13.
STREETS.
§§ 2656-2661.
But this section does not apply where the city never acquired title or had forfeited it: Miller v. Cincin-
nati, 5 C. C. 583.
See note to Railway company v. Elyria, 14 C. C. 52; 7 O. D. 312, under section 2652.
SEC. 2656. [Petition for vacation or establishment, and notice
thereof.] In all cases where the application is made in the manner and for
the purpose mentioned in the last section, the petition shall be filed in the
office of the clerk of the court at least forty days previous to the next term of
the court, and the petitioners shall also give notice in some newspaper printed
in the county, and of general circulation therein, of the filing of such peti-
tion, and the substance and prayer thereof; and if any person other than a
petitioner owning a lot in the immediate vicinity of such street or alley
prayed to be established or vacated, claims that he will sustain damage thereby,
the court may proceed to hear proof in reference thereto, and may render
judgment against the petitioners for such damages as it may think just, and
the same shall be assessed by the court against the petitioners ratably according
to the value of the property owned by them as the same stands taxed on the
tax-list of the county; and a jury may be demanded as in other cases, and
when necessary, the court shall appoint a guardian ad litem for all minors, or
persons of insane mind, who may be interested in the premises. [37 v. 44, $2;
S. & C. 1488.]
The city as owner is entitled to compensation from those applying for the vacation. If the county is the
applicant and drainage is interrupted she must provide other drainage. In so far as the court is authorized
to assess compensation without a jury the statute is not constitutional: Cincinnati v. Hamilton Co., 1 Dis-
ney 4.
SEC. 2657. [Street not to be closed until damages paid.] A street or
alley so declared vacated, under the provisions of this subdivision, shall not be
closed or obstructed until the damages so assessed shall have been fully paid to
the persons entitled to the same. [37 v. 44, § 3; S. & C. 1488.]
SUBDIVISION IV. LABOR UPON STREET; TAX.
As to labor upon public highways, see 4717 et seq.
SEC. 2658. [Labor upon streets; who liable, etc. (67 v. 77, §484; 69
v. 54, §1; (S. & S. 839; S. & C. 1555).) Amended in 89 v. 69; 91 v. 71; and re-
pealed in 91 v.342.]
SEC. 2659. [Penalty, etc., for refusal to perform labor. (66 v. 231,
§ 485; S. & S. 840 ; S. & C. 1555.) Repealed, 91 v. 342.]
SEC. 2660. [Road districts and street commissioners.] The council
shall have power to form road districts within the limits of the corporation,
and when contiguous territory is attached to the corporation for road purposes,
such power shall extend to the territory so attached; and it shall be the duty
of the council to provide by ordinance for the election of a street commis-
sioner, or when more than one district is formed, one commissioner for each
district, and prescribe his duties and fix his compensation. Provided that this
act shall not apply to cities or villages which now elect street commissioners.
[87 v. 79; 66 v. 231, § 486; (S. & S. 840; S. & C. 1555).]
The street commissioner is abolished in Akron and Urbana, see ? (1707—1).
SEC. 2661. [Road taxes, how collected and applied.] No tax assessed
upon property within the territory attached to any corporation as aforesaid,
shall be applied otherwise than within the territory in which the same is
assessed; and all taxes charged for road purposes on the property within the
limits of the corporation, or the territory so attached, and collected by the
county treasurer, shall be paid over to the corporation treasurer, to be specially
appropriated by the council to street and road purposes within the corporate
limits and territory so attached; and the trustees of the township in which
such territory is located, and the council, may agree upon a different distribu-
tion or division of the funds. [66 v. 231, § 487; (S. & S. 840).]
See Lima v. McBride, 34 O. S. 338.
See note to 2 4737.
1430
§§ 2662-2664.
STREETS.
Tit. XII, Div. 8, Ch. 13.
SEC. 2662. [Attachment of contiguous territory for road purposes.]
It shall be the duty of the council, and the trustees of townships, respectively,
in which any such corporation is situated, when the same has not already been
done, where from the sparseness of population the public interest requires it,
to attach to the corporation any territory lying contiguous thereto, for the
purposes mentioned in this subdivision; and any portion of territory so
attached may be detached, and replaced under the control of the township
trustees for road purposes, by the council, with the concurrence of the town-
ship trustees. [67 v. 78, § 488; (S. & S. 840; S. & C. 1556).]
SEC. 2663. [Collections of fines, forfeitures, etc. (66 v. 231, § 489; S.
& S. 840.) Repealed, 91 v. 342.]
SEC. 2664. [Exemption from provisions of this subdivision.] Persons
who are or may be exempt from performing labor on the public highway, shall
not be subject to the provisions of this subdivision. [66 v. 231, § 490; (S. & S.
840).]
(2664-1) SEC. 1. [Labor upon streets, etc., of municipality; who
liable; exemptions.] The council of any municipal corporation may require
each able-bodied male person between the ages of twenty-one and fifty-five
years, resident of the corporation, or territory attached as in this subdivision pro-
vided, to perform by himself or substitute, in each year, two days' labor upon
the streets and alleys of such corporation, or upon the public roads or high-
ways that lie with[in] such attached territory, which labor shall be in lieu of
the two days' labor required to be performed upon roads and highways;
provided, that active members of volunteer engine companies not exceeding
sixty-four, of hook and ladder companies not exceeding thirty, and of hose.
companies not exceeding twenty, shall be exempt from the performance of such
labor during such membership, and, having served faithfully as such for five
consecutive years, shall be exempt for five years thereafter; and provided
further, that such labor may be commuted by the payment of three dollars
($3.00) to be expended where the labor should have been applied. [92 v. 162.]
Citizens of Union county exempt from provisions of. 93 v. 571.
(2664-2) SEC. 2. [Fines, etc., to which delinquent liable.] Upon the
refusal to perform such work under the proper street commissioner, or other
officer appointed by the council, the delinquent shall be liable to the same
fines, penalties, and forfeitures as are provided against persons refusing to
perform two days' labor upon the roads and highways in other cases; and the
same shall be recovered in the name of the corporation, before the mayor
thereof. [92 v. 162.]
(2664-3) SEC. 3. [Collection of fines, etc.] The street commissioners,
or other proper officers, shall have power to collect by suit, all fines, forfeitures
and penalties arising under the provisions of this subdivision, and they are
hereby authorized and required, before their annual settlement with the coun-
cil, to prosecute to final judgment all persons neglecting or refusing to comply
with the provisions of this subdivision, from whom, in the opinion of such
street commissioners or other proper officers, such fine, penalty of [or] forfeiture
can be collected. [92 v. 162.]
(2664-4) SEC. 4. [Labor upon highways within road district; who
liable; exemptions.] All male persons between the age of twenty-one and
fifty-five years, able to perform or cause to be performed the labor herein re-
quired, except every honorably discharged soldier who served in the United
States army during the actual war, pensioners of the United States government,
acting and contributing members of companies, troops and batteries of the
Ohio national guard during their membership, and any person who is a mem-
ber of any fire engine, hook and ladder, hose, or other company, for the
extinguishment of fire or the protection of property at fires, under the control
of the corporate authorities of any municipal corporation, and who receives no
1431
Tit. XII, Div. 8, Ch. 13.
STREETS.
§ (2664-5).
pay for such services during the time he may continue an acting member of
such company, shall be liable annually, to perform two days' labor on the
highways, under the direction of the road supervisor of the road district in
which he resides. [92 v. 162; R. S. of 1880, § 4717.]
This and succeeding sections are nearly word for word with ? 4717 to 4728; 4717 was held constitu-
tional in Dennis v. Simoù, 53 0. S. 233.
(2664-5) SEC. 5. [Commutation.] But if a person, being warned as
hereinafter provided, pay to the supervisor in whose district he resides the sum
of three dollars ($3.00) within three days after being notified by the supervisor,
the same shall be received in lieu of the two days' labor, and shall be applied
by the supervisor to the improvement of the roads in his district, and ac-
counted for as herein provided. [92 v. 162; R. S. of 1880, § 4718.]
(2664-6) SEC. 6. [Ordering out of persons liable; penalty.] Each
supervisor shall order out every such person resident in his district between
the fifteenth day of April and the first day of July annually, and direct him
to do and perform the work aforesaid on the public roads within the district;
the order shall be given to each person at least two days prior for the perform-
ance of the labor, either personally, or by written notice left at his usual
place of abode; and if any person so notified who is liable to perform such
labor, refuses or neglects to attend, by himself or substitute, to the acceptance
of the supervisor, or having attended, refused to obey the directions of
the supervisor, or spend the time in idleness or inattention to the duties.
assigned him, he shall forfeit and pay the sum of one dollar for every such
offense, and shall further be liable in all cases of non-attendance, to the
amount allowed for two days' work, to be recovered by action before a justice.
of the peace of the proper township, at the suit of the supervisor within whose
district he resides; and the money so collected shall be applied by the supervisor
to the improvement of roads in his district, and accounted for by him at the
annual settlement with the trustees of his township. [92 v. 162; R.S. of 1880,
§ 4721.]
(2664-7) SEC. 7. [Non-exemption against execution; costs in cer-
tain case.] The defendant shall not be entitled to any exemption under any
of the laws of this state against execution issued on any judgment and the
costs incurred by said supervisor in any suit brought under this act, when the
same can not be collected from the defendant shall be paid by the trustees out
of the township fund. [92 v. 162.]
(2664-8) SEC. 8. [Non-release by neglect to order out; directions
governing time of performance.] No person shall be released from perfor-
mance of labor on the public highway by reason of neglect of any supervisor
to order him out on or before the first day of July; but if the trustees of any
township, or any two of them, within three days after the election and quali-
fication of any supervisor within their township, direct him in writing to
defer any portion of the work to a date not later than the first of November,
then the supervisor shall be governed by the directions so given as to the time
the labor shall be performed. [92 v. 162; R. S. of 1880, § 4722.]
(2664-9) SEC. 9. [Production or non-production of certificate in
case of removal.] If a person remove[d] from one district to another between
the first day of April and the fifteenth day of November who has prior to such
removal, performed the whole or any part of the labor aforesaid, or in any
other way has paid the whole or any part of the amount aforesaid in lieu of
such labor, and produce a certificate of the same from the supervisor of the
proper district, such certificate shall be a complete discharge for the amount
therein specified; but without producing such certificate he shall be required
to perform two days' labor, or such part thereof as he has not performed under
the direction of the supervisor. [92 v. 162; R. S. of 1880, § 4723.]
1432
•
§ (2664—10).
STREETS.
Tit. XII, Div. 8, Ch. 13.
(2664—10) SEC. 10. [Appearance with required implements, etc.]
Any person called upon to perforin labor upon the public roads and highways
under any provision of this chapter shall by himself or substitute, appear at
the place appointed by the supervisor at the hour of seven o'clock in the fore-
noon with such necessary tools and implements as the supervisor may direct;
and the supervisor may, if necessary for the improvement of the road, require
any person owning the same to furnish a team of horses, mules, or oxen, and
wagon, cart, plow, or scraper, to be employed and used on the roads under the
direction of the supervisor. [92 v. 162; R. S. of 1880, § 4724.]
(2664-11) SEC. 11. [Residence.] For the purposes provided for in
the preceding sections, the residence of any person who has a family shall
be held to be where his family resides, and the residence of any (other) person
shall be held to be where he boards in any road district. [92 v. 162; R. S. of
1880, § 4725.]
(2664-12) SEC. 12. [Collection of fines, etc.] Supervisors. within.
their respective districts, shall collect, by suit or otherwise, all fines, forfeitures,
and penalties arising and accruing under the provisions of this chapter, un-
less the collection thereof is otherwise herein provided for; and they are here-
by required before their settlement with the township trustees, to prosecute a
[to] final judgment all persons neglecting or refusing to comply with the pro-
visions of this chapter, from whom such fine, forfeiture, or penalty, in the
opinion of the supervisor, can be collected by execution; and the judgments,
if not paid together with the costs thereon, shall remain and be in force
against the judgment debtor, as other judgments at law. And the costs in-
curred by any supervisor in any suit brought under this chapter, when the
same is not collected from the defendant, shall be paid by the trustees of the
township out of the township fund. [92 v. 162; R. S. of 1880, § 4726.]
(2664-13) SEC. 13. [Expenditures and accounts; list of those or-
dered out and those delinquent; disposition of recovered fines, etc.; money
on hand; unpaid judgments; order as to prosecutions.] Supervisors shall
expend all money by them collected, and all other sums that come under his
supervision as supervisor shall be applied on the public highway in their respect-
ive road districts at the rate not to exceed $1.50 per day for day labor, and
$3.00 per day for teams, unless otherwise ordered by the township trustees, for
the benefit of the roads and highways in their respective districts and every
supervisor shall account to the trustees of the township, at the annual settle-
ment, for all money expended under this chapter; and they shall also return.
a full and true list and statement of the name of all persons within their re-
spective districts who have been ordered out to perform the two days' labor as
required herein, and those who have refused or neglected to perform the same;
and all fines and forfeitures sued for and recovered under the provisions of this
chapter, shall be paid by the justice of the peace or constable collecting the
same on demand, to the supervisor of the road district wherein the fine or for-
feiture accrued, and the supervisors shall also render an account to the trus
tees at the annual settlement of all money that remains in their hands at the
time of settlement, and all judgments that remain unpaid and the name of the
judgment debtor, and the justice before whom such judgments were obtained
with the amount thereof; and the trustees shall make such order as to the
prosecution of suits by the supervisors of the proper districts, against such de-
linquents, as in the judgment of the trustees the interest of the township may
require. [92 v. 162; R. S. of 1880, § 4727.]
(2664-14) SEC. 14. [Transfer of money; receipt; executions on
unpaid judgments; expenditure of proceeds.] All money that may remain
in the hands of the supervisor at the time of the annual settlement with the
township trustees shall be paid to his successor in office as soon as such suc-
1433
STREETS.
Tit. XII, Div. 8, Ch. 13.
§ (2664-14).
cessor is elected and qualified, and a receipt taken therefor, and he shall de-
posit the receipt with the township clerk; and any supervisor may sue out ex-
ecutions on any judgments that remain unpaid within his district, at any
time when, in his opinion, the same can be collected, and the money so re-
ceived and collected, shall be expended as provided in the foregoing sections.
[92 v. 162; R. S. of 1880, § 4728.]
Cincinnati-may construct viaducts, 93 v. 634.
Cleveland-bonds to construct viaduct or elevated bridge-lower railroad tracks-
change canal, 69 v. 138.
Held valid and construed: Cohen v. Cleveland, 43 O. S. 192.
Cleveland viaduct-bonds authorized for improvement under above act-tax and
sinking fund for same-question of tolls submitted to vote; special election as to issue of
bonds, 73 v. 107.
Cleveland-bonds to construct elevated railways or bridges, 80 v. 159.
Cleveland—Main street bridge, rebuilding and bonds, 82 v. 95.
Cleveland-bonds for bridges, 88 v. 526.
Columbus-bonds for bridges and viaducts over railroads, 87 v. 11.
Columbus-bonds for bridges across railroad tracks, 87 v. 15.
Columbus-bonds for viaducts over railroad tracks, 87 v. 214.
Columbus-bonds for bridges over railroad tracks, 87 v. 244.
Columbus-bonds for bridges or viaducts over railroad tracks, 88 v. 563.
Toledo-wagon bridge and approaches across stream and in other places and bonds, 80
v. 73.
Toledo-wagon bridge and approaches and bonds--payment of part by adjoining
county-contract for building, 82 v. 174.
v. 73.
Toledo-bonds for construction of bridge, April 29, 1891; 88 v. 518; 89 v. 330.
Dayton-wrought iron wagon bridge and bonds and tax in addition to other taxes, 84
Dayton-bonds to lower grade and put bridge over canal, 88 v. 490.
Springfield-bonds for water-works and bridge purposes, 88 v. 365.
1434
S$ 2665-2668.
WHARVES, DOCKS, ETC.
Tit. XII, Div. 8, Ch. 14.
SECTION
CHAPTER 14.
WHARVES, DOCKS AND WATER COURSES.
2665. Council may establish wharves, docks, etc.
2666. Grade of wharves; penalty.
2667. City council to have control of shore; appointment
of harbor masters. etc.
2668. Copies of surveys to be prima facie evidence,
etc.
2668--1. Cities first class second grade may contract
for dredging navigable streams.
2668-2. How gontracts paid.
2668-3. Where dredging machine not to be dumped.
2668-4. Penalty.
SECTION
2668-5.
Commission for boundaries of channel of
river in Columbus.
2668-6. Oath; organization; duties; employes; tes-
timony; record of work of; abutting
land owners barred, when; rights of
state.
2668-7. Penalty for obstructing channel; bridge
piers.
2668-8. Compensation.
SEC. 2665. [Council may establish wharves, docks, etc.] The council
of any city or village may establish, construct, repair, control, and regulate
landing-places, wharves, docks, piers, and basins; establish, control, and regu-
late the grades of wharves and landing-places, and fix the rates of landing,
wharfage, and dockage, and use, for the purposes aforesaid, any public landing,
or any property belonging to or under the control of the corporation. [66 v.
222, § 442.]
For "an act to authorize the city council of any city of the third grade of the second
class to issue bonds for the purpose of constructing wharves and landings upon the navi-
gable waters of any such city" (85 v. 135),
SEC. 2666. [Grade of wharves; penalty.] All wharves or landing
places hereafter constructed shall conform to a uniform grade to be established
by the council; and it shall be unlawful for the owner or lessee or occupant of
such property to construct any wharf or landing place, or to keep and maintain
any private wharf boat or any private landing place within the corporate limits
of any city or village without first obtaining the consent and permission of the
council and conforming with the established grade, and for each violation of
the foregoing provisions the offender shall forfeit and pay any sum not exceed-
ing twenty-five dollars nor less than five dollars, to be recovered in a civil action
by the city or village before any justice of the peace in the township where the
offense may be committed, and the same, when collected, shall be paid into the
treasury of the city or village where the offense may be committed, to be
expended on the streets thereof. [1886, May 15: 83 v. 164; Rev. Stat. 1880;
66‍v. 223, § 443; (S. & S. 843).]
The defendant having been for a long time in the adverse possession of a ferry landing and receiving
rents therefor, was not liable to the city for such receipts until the right of the city to the landing was estab-
lished by a proper proceeding for that purpose: Cincinnati v. Walls, 1 O. S. 222.
SEC. 2667. [City council to have control of shore; appointment of
harbor masters, etc.] That the council shall have the use and control, for the
above purpose, of the shore or bank of any lake or river, and all navigable
waters, not the property of individuals, to the extent and in any manner that
the state can grant such use or control, and the power to appoint harbor mas-
ters, wharf masters, port wardens and other officers, usual or proper for regula-
tion of the navigation trade or commerce of the corporation, to define their
duties and powers, and to fix their compensation. [1880, April 15: 77 v. 254;
Rev. Stat. 1880; 66 v. 223, § 444.]
SEC. 2668. [Copies of surveys to be prima facie evidence, etc.] Copies
of examinations and surveys, and of the proceedings of any port-warden, in the
discharge of the duties of his office, certified under his hand and seal, shall be
prima facie evidence of the matters therein stated. [66 v. 223, § 445.]
1435
Tit. XII, Div. 8, Ch. 14. WHARVES, DOCKS, ETC.
§ (2668—1).
(2668-1) SEC. 1. [Cities first class, second grade, may contract for
dredging navigable streams.] The council of any city of the first class,
second or third grade, is hereby authorized and empowered to cause proposals
to be advertised for, for dredging any navigable stream within the limits of
such city, for a period not exceeding five years, and are authorized to enter
into a contract for such dredging for one or more years, not exceeding five;
provided, that the amount expended each year for dredging shall not exceed
the current revenue for such purposes in each year. [90 v. 34; 86 v. 109.]
(2668-2) SEC. 2. [How contracts paid.] The certificate of the city
auditor shall not be required upon such contract, as provided for in section
two thousand seven hundred and two of the Revised Statutes, if the same shall
be for five years; and whenever any levy for dredging has been made in accord-
ance with law, the money to arise therefrom shall be deemed in the treasury
for such purpose, within the meaning of section two thousand seven hundred and
two. [86 v. 109.]
See ? 1690 and § 2535.
(2668-3) SEC. 1. [Where dredging machine not to be dumped.]
In any city of the second grade of the first class it shall be unlawful for any
person owning or operating any dredging machine in any of the waters of
such city to dump or deposit the contents of such dredging machine or any
boat or scow used in connection therewith in any river in such city or in any
waters within one mile of the mouth of such river except by the authority of
the mayor and the legislative power of such city. [87 v. 191.]
(2668-4) SEC. 2. [Penalty.] That any person violating the provi-
sions of this act shall be fined in any sum not less than twenty dollars nor
more than one hundred dollars and may be imprisoned for not more than
thirty days. [87 v. 191.]
(2668-5) SEC. 1. [Commission for boundaries of channel of river
in Columbus.] The governor, upon written application of the mayor of any
city of the first grade of the second class through which flows any river or
stream, shall appoint a commission of three disinterested persons, having the
qualification of electors within the county in which such city is located, to
ascertain and fix and establish the boundaries of the channel of such river or
stream flowing through such city. [90 v. 120.]
(2668-6) SEC. 2. [Oath; organization; duties; employes; testi-
mony; record of work of; abutting land owners barred, when; rights of
state. The members of said commission, within thirty days of their
appointment, shall take an oath of office and organize by the appointment of
one of their number as chairman and another as secretary, and forthwith pro-
ceed to make a survey of the channel of such river or stream as it existed
before any encroachments had been made thereon, and mark with permanent
monuments the boundaries of such channel wherever they may be intersected
by the boundary lines of the streets and alleys of such city, and at such other
places that they may deem proper; and make an accurate plat of such river
or stream, showing the courses and distances and width of channel, and the
intersections of the boundary lines of the streets and alleys of such cities.
Said commissioners shall employ a competent surveyor and the necessary
assistants to make said survey and plat; and said commission is hereby
authorized to issue subpoenas for and compel the attendance of such witnesses
and take such testimony as they may deem necessary to ascertain the
boundaries of such river or stream; and the testimony so taken, together with
such plat, the field-notes of such survey and the report of said commissioners,
shall be filed with the city clerk of such city; and said plat shall also be
recorded in the plat record of the county in which such city is located. Any
person or persons holding or owning an estate in any of the lands bounding
1436
§ (2668—7).
WHARVES, DOCKS, ETC. Tit. XII, Div. 8, Ch. 14.
upon the river within said city limits, may at any time within two years after
said plat is filed in the recorder's office, of the county, bring an action in
the court of common pleas of said county against said city to determine and
ascertain the boundary of said land upon said river, and in any action so
brought, said recorded plat or a duly certified copy of the same, shall be prima
facie proof of said boundary lines. After two years from the filing of said plat
for record in said county recorder's office, said recorded plat, or copy thereof
duly certified by the county recorder, shall be conclusive proof of the bound-
ary lines between the river and the lands abutting thereon, in all actions and
proceedings in the courts of this state, except as against persons and parties
who were under disability during said two years, and said recorded plat or
certified copy thereof shall be conclusive proof against such persons so under
disability within one year after said disability shall have been removed. Pro-
vided, however, that the survey and plat made by the commission created
under this act, so far as the same may affect land owned or claimed by the
state of Ohio, shall be subject to be altered or modified by any action taken
or to be taken by the canal commission or any officer or board created or to be
created under any act of the general assembly, for the purpose of establishing
the boundaries and defining the ownership of the canal or other lands of the
state; and provided further, that the survey and plat made by the commission
created by this act, shall not be taken as prima facie or conclusive proof, or
proof in any wise, of the boundaries or ownership of any land, the title or any
interest in which is owned or claimed by the state of Ohio; and no action
taken by the commission created under this act, shall in any way affect or
determine any of the rights of the state of Ohio, or be used in evidence in any
suit, controversy or proceeding, as in any manner affecting or determining
the rights of the state. [90 v. 120.]
(2668-7) SEC. 3. [Penalty for obstructing channel; bridge piers.]
Any person or persons, or corporation, who shall place, erect or maintain any
embankment, structure, or other obstacle within the boundaries of such river
or stream, as thus ascertained, that may obstruct, or interfere with the free
flow of the waters of such river or stream, shall be deemed guilty of a misde-
meanor, and upon conviction thereof shall, for the first offense, be fined in any
sum not less than ten nor more than one hundred dollars, and imprisoned in
the county jail not less than five days; and for each and any additional
offense, shall pay a fine of not less than twenty nor over five hundred dollars
and be imprisoned not less than ten nor more than sixty days as the court
may determine. All prosecutions for any violation of this act shall be by in-
formation or indictment, before any court of competent jurisdiction within
the county in which such city may be located. Each and every thirty days
in which any obstruction shall be continued in said river or stream shall be
deemed a separate offense, to be prosecuted and punished as hereinbefore pro-
vided. And any person or persons, or corporation placing or maintaining
any obstruction in the channel of such river or stream, shall be liable for all
damages that may be sustained by person or property, resulting in part or
in whole from the existence of such obstruction to the free flow of the water
of such river or stream, such damage to be recovered by civil action in any
court of competent jurisdiction. And should such damage result from the
existence of a number of obstructions to the free flow of the water in such
river channel, placed or maintained by several persons or corporations, any or
all of such persons or corporations so placing or maintaining such obstructions,
shall be jointly or severally liable for all damages resulting from such obstruc-
tions. Provided, that a bridge pier may be placed in the channel of such
river or stream, provided the abutments of such bridge are placed without
the boundaries of the channel sufficiently far to afford an additional water-
way of not less than three times the space occupied by the pier. [90 v. 120.]
1437
Tit. XII, Div. 8, Ch. 15.
LICENSES, ETC.
§ (2668-8).
(2668-8) SEC. 4. [Compensation.] The commissioners appointed
as herein before provided shall each receive the sum of three dollars per
day for each day while actually employed. The surveyor shall receive five
dollars per day, and each assistant engineer not to exceed three dollars per
day for each day while actually engaged in the prosecution of the work. Such
compensation shall be paid out of the general expense fund of such city; and
the account for such expenses shall be evidenced by a detailed statement duly
verified by the chairman of said commission. [90 v. 120.]
Ashtabula may issue bonds to dredge, etc., river in city; question submitted to electors.
93 v. 684.
Chillicothe may make additional levy for levee purposes, 93 v. 530.
Cleveland-bonds to improve navigable river, and for wharves, docks, etc., 92 v. 630.
Cleveland may issue bonds for widening, etc., navigable water courses, and for estab-
lishing, etc., landing places, etc., 93 v. 546.
Columbus-bonds to construct, improve and repair levees, and additional tax for same,
80 v. 150.
Columbus-bonds for levee on west bank of river, 86 v. 102.
Dayton-bonds for levee on part of north bank of Mad river, 86 v. 246.
Dayton-authorized to issue bonds to straighten water course flowing in from west
and protect banks, 83 v. 239.
Dayton and Montgomery county authorized to improve certain levees, 93 v. 480.
Sandusky-power to lease any wharf, dock, basin or landing, see ? (2675—5.)
Sandusky-bonds to construct wharves and landings; trustees of the fund; submis-
sion to vote, 85 v. 135.
Toledo-bonds for dredging, 89 v. 201.
CHAPTER 15.
LICENSES, AND HEREIN OF SHOWS, AUCTIONEERS, PAWNBROKERS, FERRIES, ETC.
SECTION
2669. General licensing powers of council.
2669a. Council of Youngstown and Sandusky may license
bill-posters and traveling salesmen.
26696. Further licensing powers of council.
2669c. Licensing of advertising mediums and matters.
2670. Licensing of vehicles, undertakers, etc.
(2670-1) Authorizing the licensing of transient
dealers in certain cities.
(2670-2) Licensing of vehicles in East Liverpool.
2671. Council to prescribe width of tires, fix rates
of transportation, etc.
(2671-1) Authorizing municipalities to license sta-
tionary engineers.
2672. License, regulation, etc., of ferries.
CINCINNATI.
(2672— 1) License in Cincinnati.
(2672-2) Penalty.
(2672—3) License not transferable unless by permission of
comptroller: form of license.
(2672-4) License heretofore issued shall be valid.
(2672-5) Sworn statement to be rendered in certain cases.
(2672-6) Evidence of liability.
(2672-7) License to be exhibited.
(2672-8) Date and term of license.
(2672-9) When due; penalty for delinquency.
(2672-10) License may be revoked.
(2672-11) Proceedings when license depends upon re-
SECTION
(2672-22) Theaters, concert halls, etc
(2672-23) [Repealed.]
(2672-24) Venders of gunpowder.
(2672-25) Shooting galleries.
2672-26) Livery and sale-stables.
(2672-27) Dancing and riding-schools.
(2672-28) Building permits.
(2672—29) License of owners of vehicles; to whom this
act does not apply; dairymen, license of.
(2672-30) Keepers of race-courses and ball-grounds, and
persons engaged in public exhibitions therein.
(2672-31) Dogs.
(2672-32) Storage of petroleum or its product.
(2672-33) Street musicians.
(2672—34) Bill-posters, advertising sign-painters, and
street-car advertisers.
(2672-35) Second-hand articles and junk-dealers.
(2672-36) Astrologers, fortune-tellers, etc., license of.
(2672-37) Auctioneers.
(2672-38) Moneys received from license: how distributed.
(2672-39) Certain moneys to be paid to city treasurer.
(2672-40) Duties of comptroller, mayor, and police.
(2672-41) How license obtained; perquisites of comp
troller.
(2672-42) Records to be kept by comptroller.
(2672-43) Police to enforce provisions of this act.
2672-44. Tag on vehicles in Cincinnati.
2672-45. Auditor to furnish tag.
2672--47. Police to inforce.
2672-46.
Penalty.
ceipts.
(2672-12) Conviction not to exempt.
(2672-13) Dance-houses and ball-rooms.
2672-48. [Repealed.]
(2672—11) Scavengers.
2672-19. [Repealed.]
(2672-15) Intelligence offices.
2672-50. Repealed.]
(2672-16) Pawnbrokers.
2672-51. [Repealed.
(2672-17) Billiard and pool-tables.
2672-52. [Repealed.
(2672-18) Bowling-alleys,
2672-53. Repealed.]
(2672—19) License of peddlers, etc., in certain cities.
2672-51. [Repealed.]
2672-55. [Repealed.]
(2672-20) Circuses and menageries.
(2672-21) Seweragc.
2672-56. [Repealed.]
2672-57. [Repealed.]
1438
§ 2669.
LICENSES, ETC.
Tit. XII, Div. 8, Ch. 15.
SECTION
2672-58. [Repealed.]
2672-59. [Repealed.]
CLEVELAND.
2672-60. Occupation forbidden until license got.
2672-61. Penalty.
2672-62. License not transferable unless by permis-
sion of director of accounts.
2672-63. Licenses heretofore issued shall be valid.
2672-64. Sworn statement to be rendered in certain
cases.
2672-65.
2672–66.
Evidence of liability.
License to be exhibited.
2672-67. Date and term of license.
2672-68. When due; penalty for delinquency.
2672-69. Licenses may be revoked.
2672-70. Proceedings when license depends upon
2672-71.
receipts.
Conviction not to exempt.
2672-72. Dance houses and ball rooms.
2672-73. Scavengers.
2672-74. Intelligence office.
2672-75.
Pawnbrokers.
2672-76. Billiard and pool tables.
2672-77. Bowling alleys.
2672-78.
Peddlers.
2672-79. Circuses and menageries.
2672-80. Sewerage connections.
2672-81. Theatres, concert halls, etc.
2672-82. Venders or keepers of gun powder.
2672-83. Shooting galleries.
2672-84. Livery and sale stables.
2672-85. Dancing and riding academies.
2672-86. Use of streets for building material.
License-plumbers' license, ? (4238—6).
SECTION
2672-87. Hacks and vehicles.
2672-88. Storage of petroleum.
2672-89. Bicycles.
2672-90. Street car advertising.
2672-91. Money payable to director of accounts.
2672-92. Dogs.
2672-93. Street musicians.
2672-94. Bill posters.
2672-95. Second hand articles and junk dealers.
2672-96. Astrologers, fortune tellers, seers, etc.
2672-97.
Auctioneers.
2672-98. Authority to charge fees.
2672-99. Commissioner of licenses.
2672-100. Duty of commissioner of licenses.
2672-101. Trade or occupation.
2672-102. Transaction of commissioner on record.
2672-103. Duty of police to enforce this law.
2672-104. Livery, etc., stable license in Cleveland.
2672-105. How and when obtainable.
2672-106. Same.
2672-107. Revocation of.
2672-108. Donation of.
2672-109. Fee.
2672-110. Inspection.
2672-111. Penalty.
2672-112. Police to enforce.
TOLEDO.
2672--113. Licensing powers of Toledo.
2672-114. Enumeration of subjects.
2672-115. Limitations and exceptions.
2672-116. Penalty.
2672-117. Disposition of fees,
License for shanty boat and watercraft as a residence or business place, ? (4385-1)
et seq:
License-peddlers and dealers, ? 4397 et seq.
License-to sell foreign convict made goods, ? (4400—1) et seq.
License-to peddle; exemption of ex-soldier, ? (4398b).
License-itinerant venders of clothing, ? (4402-1) et seq.
License-to sell commercial fertilizer, ? 4446c.
SEC. 2669. [General licensing powers of council.] The council of any
city or village may provide by ordinance for licensing all exhibitors of shows
or performances of any kind, not prohibited by law, hawkers, peddlers, auc-
tioneers of horses and other animals on the highways or public grounds of the
corporation, venders of gun powder and other explosives, taverns and houses
of public entertainment, and hucksters in the public streets or markets, and,
in granting such license, may exact and receive such sum of money as it may
think reasonable; but nothing in this section shall be construed to authorize
any municipal corporation to require of the owner of any product of his own
raising, or the manufacturer of any article manufactured by him, license to
vend or sell in any way, by himself or agent, any such article or product; pro-
vided, that in cities and villages, the council may confer upon, vest in and dele-
gate to the mayor of such city or village, the authority to grant and issue
licenses and revoke the same. Provided further, that nothing herein contained
shall be construed to limit the power conferred upon cities and villages in sec-
tion one thousand six hundred and ninety-two of said Revised Statutes. [1889,
March 28: 86 v. 164; 82 v. 148; 77 v. 74; Rev. Stat. 1880; 66 v. 223, § 447; 76 v.
167, §1.]
For "an act to regulate the manufacture, sale, and use of dynamite within the state"
(82 v. 182), see ? (4238-21) et seq.
A sum demanded for license to pursue an employment, when used as a means of supplying the public
treasury, is a tax on such employment which the council of a municipal corporation has no power to levy:
Mays v. Cincinnati, 1 O. S. 268.
An ordinance, passed under like authority as that conferred by this section, exacted a charge, for a
license to give theatrical exhibitions for six months, of sixty-three dollars and fifty cents, and also a fee of
one dollar for the officer issuing the license: Held, that the money was not illegally exacted, and that the
exaction was not in violation of any provision of the state Constitution restricting the power of taxation
vested in the general assembly: Baker v. Cincinnati, 11 O. S. 534.
A town ordinance prohibiting the keeping of a grocery without a license, is valid, though it enumerates
articles licensed to be sold by the court of common pleas for state or county purposes: Thomas v. Mt. Vernon,
9 0.291.
1439
Tit. XII, Div.8, Ch.15.
LICENSES, ETC.
§ 2699a.
Council of Cincinnati has power to license and regulate draymen: Cincinnati v.!Bryson, 15 O. 625.
One who buys cattle and converts them into roasts, steaks, etc., is not a manufacturer under this sec-
tion: Tippecanoe v. Boercher, 5 C. C. 6.
A license having been given to sell meat from a stand, the licensee, if refused a stand in the market-house,
may sell in the open air, regardless of a prohibition in the market regulations against such selling: Kraft v.
Cincinnati, 3 N. P. 195; 60. D. 8.
Ordinance must be reasonable and not tending to foster a monopoly: Id.
Forbidding retail of meat on sidewalk or in the street outside the market house on market days is a
reasonable and valid ordinance. Having issued a license to defendant to sell meat does not surrender the
right to regulate: Keck v. Cin., 6 O. D. 97; 37 W. B. 57. edit.
SEC. 2669a. [Council of Youngstown and Sandusky may license bill-
posters and traveling salesmen.] The council of cities having a population
of not less than fifteen thousand and not more than sixteen thousand, by the
last federal census, may provide by ordinance for licensing bill posters and all
persons who shall, on the street, traveling from place to place about the city,
sell, bargain to sell or solicit orders for goods, wares and merchandise by retail.
The granting of such license shall be controlled by the provisions of section two
thousand six hundred and sixty-nine. [1885, April 29: 82 v. 171, 172.]
SEC. 2669b. [Further licensing powers of council.] The council of any
village or city may provide by ordinance for licensing bill posters, transient
dealers, persons who temporarily open stores or places for the sale of goods,
wares, or merchandise, and all persons who shall, on the street, or traveling
from place to place about such village or cities, sell, bargain to sell, or solicit
orders for goods, wares or merchandise by retail. The granting of such license
shall be controlled by the provisions of section 2669. [90 v. 311.]
SEC. 2669c. [Licensing of advertising mediums and matters.] That
the council of any city or village may provide by ordinance for licensing bill-
posters, advertising sign-painters, bill-distributers, card-tackers, and advertis-
ing matter of any article or compound which has not been manufactured or
compounded within the corporation limits of such municipality. In granting
such license said council may exact and receive such sums of money as it may
think expedient, and may delegate to the mayor of such city the authority to
grant and issue such license and revoke the same. Providing, that nothing in
this section shall be construed to authorize the council of any city or village to
exact and receive a license fee from merchants doing business in such city or
village, for advertising their own business. [91 v. 362.]
SEC. 2670. [Licensing of vehicles, undertakers, etc.] The council
may also license the owners of vehicles used for the transportation of persons
or property, for hire, and all undertakers and owners of hearses; but the owner
of any such vehicle may be made liable for the breach of any ordinance regu-
lating the conduct of the drivers thereof. [66 v. 224, § 448.]
(2670-1) [Licensing of transient dealers.] That the council of any
city or village may provide by ordinance for licensing transient dealers or
persons who open stores or places for the temporary sale of goods, wares or
merchandise, and in granting such license may exact and receive such sum
of money as it may think expedient, and may delegate to the mayor of such
city or village the authority to grant and issue such licenses and revoke the
same; provided, that this act shall not apply to persons selling by sample
only, nor to any agricultural articles or products offered or exposed for sale by
the producer. 67 v. 100: 86 v. 244.]
This act is unconstitutional: Flatau r. Mansfield, 14 C. C. 592; 7 O. D. 39.
(2670-2) [Licensing of vehicles in East Liverpool.] The council
of any city of the second class and fourth grade, having a population of not
less than 10,956 nor more than 10,960 by the last federal census, may pro-
vide by ordinance for licensing all owners of vehicles of every kind used in
the city; but no license fee shall be required of farmers marketing the product
of their farms; nor shall farmers be liable for vehicles or any licenses what-
ever for marketing, selling, hawking or peddling the product of their farms, or
for hauling any produce into or from said city to the country; nor shall any
license fee be required of gardeners. fruit-growers or florists, or persons livin
1440
$2671.
LICENSES, Etc.
Tit. XII, Div. 8, Ch. 15.
without said city and engaged in huckstering and marketing country produce
into or from said city, or of persons engaged in farming, gardening or huck-
stering, hauling goods or merchandise to or from such city; nor shall any
license fee be required of persons living without said city using a buggy, sulky
or carriage in going to and from said city. [90 v. 165.]
SEC. 2671. [Council may prescribe width of tires, fix rate of trans-
portation, etc.] The council may prescribe the width of the tires of all wag-
ons, carts, drays, and other vehicles used in the transportation of persons from
one part of the corporation to another, or in the transportation of coal, wood,
stone, lumber, iron, or other articles in the corporation; and establish[ed]
stands for hackney coaches, cabs, or omnibuses, enforce the observance and use
thereof, and fix the rates and prices for the transportation of persons and prop-
erty in such coaches or other vehicles from one part of the corporation [transporta-
tion] to another. [66 v. 222, § 441.]
(2671-1) SEC. 1. [Authorizing municipalities to license stationary
engineers.] That in all cities and villages, the city or village council may
provide by ordinance, for the examination, regulation and licensing of sta-
tionary engineers, and others having charge or control of stationary engines,
boilers, or steam generating apparatus, within the corporate limits of such cities.
[82 v. 13.]
SEC. 2672. [License, regulation, etc., of ferries.] The council of any
city or village shall have the exclusive power to establish, regulate, and license
ferries, from such corporation, or any landing therein, to the opposite shore, or
from one part of the corporation to another; and in granting such license, to
impose such reasonable terms and restrictions, in relation to the keeping of
such ferries, and the time, manner, and rates of the carriage and transportation
of persons and property, as may be proper; and to provide for the revocation
of
any such license, and for the punishment by proper fines and penalties, of
the violation of any ordinance prohibiting unlicensed ferries, or regulating
those established and licensed. [66 v. 223, § 446.]
IN CINCINNATI.
(2672-1) SEC. 1. [License in Cincinnati.] In cities of the first grade
of the first class, no person shall be engaged in any trade, business or profes-
sion hereinafter mentioned, until he or she shall have obtained a license
therefor, as hereinafter provided. [1883, April 16: 80 v. 129.]
Constitution) to reg-
The general assembly has power (except as limited by 218 of the Schedule to
ulate occupations by license, and to compel, by imposition of a fine, payment of a reasonable fee where a
special benefit is conferred by the public upon those who follow an occupation, or where the occupation
imposes special burdens on the public, or where it is injurious or dangerous to the public: Marmet v. State,
45 O. S. 63.
The provisions of 22 1, 2, 22, 26, and 35 of this act, and 29 as amended (81 v. 78), are not in conflict with
the Constitution: Ib.
The act of 1883, April 16 (80 v. 129), is entitled "an act to provide a license on trades, business, and pro-
fessions carried on in cities of the first grade of the first class, and providing for the enforcement and collec-
tion of fines and penalties for carrying on business without license, and for other purposes.
(2672-2) SEC. 2. [Penalty.] Any person who shall violate any of
the provisions of this act, shall be deemed guilty of a misdemeanor, and upon
conviction thereof, shall be punished by a fine of not more than one thousand
(1000) dollars, nor less than fifty (50) dollars, or by imprisonment for not more
than six months, or by both. [1883, April 16: 80 v. 129, 130.]
See notes to Marmet v. State, 45 O. S. 63, at head of subdivision.
(2672-3) SEC. 3. [License not transferable unless by permission of
comptroller; form of license.] No license granted or issued under any of
the provisions of this act, shall be in any manner assignable or transferable,
or shall authorize any person other than is therein mentioned or named to
do business, or shall authorize any other business than is therein mentioned
or named to be done or transacted, or the business therein named or men-
tioned to be done or transacted at any place other than is therein mentioned
1441
Tit. XII, Div. 8, Ch. 15.
LICENSES, ETC.
§ (2672-4).
or named, without permission from the comptroller of said city indorsed
thereon. The comptroller shall, at the time of granting such permission,
immediately record such change or transfer upon the proper registry.
Α
license for any business conducted at any particular or fixed locality, shall
authorize the transaction of such business by an individual, a firm, or a cor-
poration. Every such license shall specify, by name, the person, firm, or cor-
poration to whom or which it shall be issued, and shall designate the partic-
ular place at which the business shall be carried on. [1883, April 16: 80 v.
129, 130.]
(2672-4) SEC. 4. [License heretofore issued shall be valid.] All
licenses heretofore issued by the mayor or other duly authorized officer, and
now unexpired, shall be valid until the time for which they were granted shall
expire. [1883, April 16: 80 v. 129, 130.]
(2672-5) SEC. 5. [Sworn statement to be rendered in certain
cases.] In all cases where the amount of license to be paid by any person,
firm, or corporation is based upon or regulated by the amount of sales effected
or business transacted, such person, firm, or corporation shall render a sworn
statement to the comptroller, of the total amount of sales made or business
done by them respectively, during the six months preceding the application
for a license, which statement shall determine the amount for which such
license shall be issued. [1883, April 16: 80 v. 129, 130.]
(2672-6) SEC. 6. [Evidence of liability.] Upon the trial of any
criminal action brought under or arising from any provision or provisions of
this act, the fact that the party thereto represented himself or herself as
engaged in any business or occupation, for the transaction of which a license is
by this act required, or that such party exhibited a sign indicating such busi-
ness or calling, shall be conclusive evidence of the liability of such party to
pay a license. [1883, April 16: 80 v. 129, 130.]
(2672-7) SEC. 7. [License to be exhibited.] Every person having
a license under the provisions of this act, shall exhibit the same at all times
while in force, in some conspicuous part of his or her place of business, and shall
produce the same when applying for a renewal, or when requested to produce
it by any municipal officer, or by any member of the police department.
Every peddler, while engaged in peddling, shall carry his or her license, and
shall exhibit the same, if requested by any municipal officer. [1883, April 16:
80 v. 129, 130.]
(2672-8) SEC. 8. [Date and term of license.] All licenses, except-
ing to places of amusement, entertainment, performances, or exhibitions, shall
date from the first day of January or July of each year, and shall be issued for one
year from either of the aforesaid dates. All licenses for theaters, concert-halls,
places of amusement, entertainments, performances, or exhibitions, may be
issued for the period of one year, or for any shorter time. [1883, April 16:
80 v. 129, 131.]
(2672-9) SEC. 9. [When due; penalty for delinquency.] All licenses
which shall become due on the first day of January or July, shall be considered
delinquent if not paid within fifteen (15) days thereafter; or, for every month
or fraction of a month a license shall remain delinquent, after the fifteen days
allowed from the first day of January or July, as aforesaid, there shall be
added to the whole amount of such license a penalty of two per cent., which
shall be collected in the same manner as the license. But the addition [of], if any,
penalty to a license, shall not exempt the person from whom said license may
be collectible from any penalty to which he or she may be liable for violating
any of the provisions of this act. [1883, April 16: 80 v. 129, 131.]
(2672-10) SEC. 10. [License may be revoked.] If at any time it
shall be made to appear to the satisfaction of the mayor, that any licensed
92
1442
§ (2672-11).
LICENSES, ETC.
Tit. XII, Div. 8, Ch. 15..
person has violated any of the provisions of this act, then the said mayor shall
revoke his or her license, and such licensed person shall cease to have any
authority thereunder. [1883, April 16: 80 v. 129, 131.]
(2672-11) SEC. 11. [Proceedings when license depends upon re-
ceipts.] In all cases where the rates of license depend upon the receipts or
profits of the business, or upon the amount of business done, or upon the
number of vehicles used, or upon any other matter peculiarly within the
knowledge of the applicant for the license, such applicant may be examined
in regard to such matters, and may be required to subscribe to a sworn state-
ment or affidavit, that he has, to the best of his knowledge and belief, truly
answered all questions touching the amount of license for which he or she
applies or is liable. And if any person applying for license shall make any
false statement in regard to his or her business, with intent thereby to procure
a license at less rates than those provided in this act, he or she shall be deemed
guilty of misdemeanor, and upon conviction thereof, shall be punished as pro-
vided in section 2 of this act, and may be adjudged also to forfeit his license.
[1883, April 16: 80 v. 129, 131.]
(2672-12) SEC. 12. [Conviction not to exempt.] The conviction
and punishment of any person for transacting any business without a license,
shall not excuse or exempt such person from the payment of any license due
or unpaid at the time of such conviction. [1883, April 16: 80 v. 129, 131.]
(2672-13) SEC. 13. [Dance-houses and ball-rooms.] Keepers of
public dance-houses or ball-rooms shall pay a license fee of three hundred
(300) dollars per annum, or ten (10) dollars per night; provided, however, that
no license shall be issued without the consent of the mayor. [1883, April 16:
80 v. 129, 131.]
(2672-14) SEC. 14. [Scavengers.] Every person, company, or cor-
poration who shall empty, clean, or remove the contents of any privy-vault, or
in any manner engage in the business of scavenger, shall pay a license fee of
twenty-five (25) dollars per annum. [1883, April 16: 80 v. 129, 132.]
(2672-15) SEC. 15. [Intelligence offices.] Each keeper of an intel-
ligence office, or employment office, shall pay a license of fifty (50) dollars
per annum; provided, however, that no license shall be issued without the
consent of the mayor. [1883, April 16: 80 v. 129, 132.]
(2672-16) SEC. 16. [Pawnbrokers.] Each keeper of a pawnbroker's
or loan office shall pay a license fee of two hundred and fifty (250) dollars per
annum, and each keeper of a pawnbroker's or loan office, or other person or
corporation engaged in carrying on the business commonly known as a chattel
mortgage broker, or loaning money, and to secure the payment of same taking
chattel mortgage or other security of like nature on household goods, shall pay
a like license fee of two hundred and fifty (250) dollars per annum. Any person
engaged in or carrying on the business of loaning money on chattel mortgage
on household goods, shall keep a true record of all such loans, showing the
'amount loaned and amount paid as interest or other charges thereon, which
record shall at all times be open for inspection to any person interested there-
in. [92 v. 500; 80 v. 129, 132.]
(2672-17) SEC. 17. [Billiard and pool-tables.] Each proprietor of
a billiard or pool-table shall pay a license of twenty-five (25) dollars for one
such table, and fifteen (15) dollars for each additional table, per annum. [1883,
April 16: 80 v. 129, 132.]
(2672-18) SEC. 18. [Bowling-alleys.] Each proprietor of a bowling-
alley shall pay a license fee of twenty-five (25) dollars for one alley, and fifteen
(15) dollars for each additional alley, per annum. [1883, April 16: 80 v. 129,
132.1
1443
Tit. XII, Div. 8, Ch. 15.
LICENSES, ETC.
§ (2672-19).
(2672-19) SEC. 19.
SEC. 19. [License of peddlers, etc., in certain cities.]
Peddlers or hawkers of produce or goods from vehicles drawn by animal power
shall pay a license fee of twenty-five ($25.00) dollars per annum, and those
selling goods from vehicles drawn by hand or carried by one or more persons
shall pay a license fee of five ($5.00) dollars per annum. Peddlers or hawkers.
of meat, fish, game, poultry, oysters, vegetables, fruit, candies, groceries, pro-
duce or dairy products, from stands, shall pay a license fee of fifteen ($15.00)
dollars per annum. Provided, that any person selling agricultural produce of
his own raising shall not be liable for license for selling, hawking or peddling
the same in any mode or manner in the markets, public streets or alleys of
said city, and, provided further, that the city auditor shall have authority to
grant free or charity license to peddle from vehicles drawn by hand or carried
by one person, to indigent persons residents of said city, upon receiving a cer-
tificate of recommendation, signed by the members of the board of legislation
representing the ward in which said applicant resides, or from some regularly
organized charitable association, and the production of satisfactory information
of the inability of such person to pay for said license; and, provided further,
that the said city auditor, upon the application of any honorably discharged
soldier or sailor, who is a citizen of such corporation, shall grant to such soldier
or sailor, a free license to engage in the business of hawking, peddling or vend-
ing from vehicles drawn by hand, or carried by one person, any goods, wares or
merchandise, by traveling from house to house, when there is furnished to said
city auditor satisfactory evidence of an honorable discharge from the military
or naval service of the United States; and, provided further, the provisions of
this section shall not be construed as applying to residents of Ohio who are
non-residents of Hamilton county, making not more than weekly trips and
carrying or hauling produce, poultry or other farm products, the same having
been purchased directly from farmers. It shall, however, be competent for such
city auditor issuing such license, to revoke and cancel the same whenever it is
shown, to his satisfaction, that such person has been guilty of any wrongful
act in connection with any such business, or is not otherwise a fit person to be
engaged in such business. Such persons so licensed without cost, and engaged
in such business, shall, in all other respects, comply with the laws of the state
and the ordinances of such corporation, and a failure so to do shall be a suffi-
cient cause to revoke and cancel any such license. [93 v. 190; 91 v. 420; 90
L. L. 271; 89 v. 267; 81 v. 77; 80 v. 129, 132.]
(2672-20) SEC. 20. [Circuses and menageries.] For each circus or
menagerie, the owner thereof shall pay license fees as follows:
For the first day, one hundred (100) dollars; for each succeeding day, seventy-
five (75) dollars.
For each side show, concert, musical or minstrel entertainment, or exhibi-
tion of monsters or freaks of nature, twenty-five (25) dollars for the first day,
and fifteen (15) dollars for each additional day; provided, however, that no
license shall be issued without the consent of the mayor. [1883, April 16: 80 v.
129, 132.]
(2672-21) SEC. 21. [Sewerage.] No connection shall be made with
any sewer or drain without the payment of a license fee of five (5) dollars, and an
agreement, in writing, of the person applying therefor, that he will indemnify
and save harmless such cities from all loss or damage that may be occasioned in
any wise by accident or the want of care or skill on his part in the prosecution
of such work, or that may be occasioned by reason of any opening by him:
made or caused to be made in any street, lane, avenue, market-place or common,
in the making of any connection with any public or private sewer as aforesaid;
and further, that he will promptly at the proper time replace and restore the
street over such opening to as good condition as he found it previous to open-
1444
§ (2672-22).
LICENSES, Erc.
Tit. XII, Div. 8, Ch. 15.
ing the same; provided, that no license shall be issued, except by the consent
of the board of public works. [1883, April 16; 80 v. 129, 133.]
(2672-22) SEC. 22. [Theaters, concert-halls, etc.] Every proprietor
or lessee of any theater, concert-hall, or any place of amusement, entertain-
ment, or exhibition, shall pay license, according to their seating capacity-one
seat is twenty inches-as follows:
First-Those seating nine hundred and seventy-five (975) persons or more,
shall pay a license, if issued for one year, of three hundred (300) dollars; if for
three months, one hundred (100) dollars; if for one month, fifty (50) dollars; if
for one day, five (5) dollars.
Second-Those seating less than nine hundred and seventy-five (975) persons,
shall pay a license, if issued for one year, of two hundred (200) dollars; if for
three months, seventy-five (75) dollars; if for one month, forty (40) dollars; if
for one day, five (5) dollars; provided, however, that no license shall be issued
without consent of the mayor. [1883, April 16: 80 v. 129, 133.]
See notes to Marmet v. State, 45 O. S. 63, at head of subdivision.
(2672-23) SEC. 23. [Hotels, boarding-houses, lodging-houses, res-
taurants, etc. Repealed 88 v. 393.]
(2672-24) SEC. 24. [Vendors of gunpowder.] All vendors of gun-
powder shall pay a license fee of fifteen (15) dollars per annum. All keepers
or owners of gunpowder magazines shall pay a license fee of one hundred (100)
dollars per annum. [1883, April 16: 80 v. 129, 134.]
(2672-25) SEC. 25. [And shooting-galleries.] All keepers of shoot-
ing-galleries shall pay a license fee of thirty (30) dollars per annum, exclusive of
the license fee for gunpowder. [1883, April 16: 80 v. 129, 134.]
(2672-26) SEC. 26. [Livery and sale-stables.] All keepers or own-
ers of livery, sale, or boarding-stables, shall pay licenses as follows:
For those whose gross receipts for the hiring, boarding, and sales of horses
and carriages amount to more than fifteen thousand (15,000) dollars per annum,
twenty-five (25) dollars per annum.
For those whose gross receipts amount to less than fifteen thousand (15,000)
dollars per annum, fifteen (15) dollars per annum. [1883, April 16: 80 v. 129,
134.]
See notes to Marmet v. State, 45 O. S. 63, at head of subdivision.
(2672-27) SEC. 27. [Dancing and riding-schools.] Keepers of danc-
ing and riding-academies or schools, whose gross receipts are less than six thou-
sand (6,000) dollars per annum, shall pay a license fee of fifty (50) dollars per
annum; and those whose gross receipts are more than six thousand (6,000) đol-
lars per annum, shall pay a license fee of seventy-five (75) dollars per annum.
[1883, April 16: 80 v. 129, 134.]
(2672-28) SEC. 28. [Building permits.] Each applicant for the use
of streets or other spaces belonging to the city, for the purpose of depositing
building material thereon, shall pay license fees for each permit as follows:
For the use of twenty feet, or less, one (1) dollar.
For the use of more than twenty and less than forty feet, two (2) dollars.
For the use of more than forty feet, and less than seventy-five feet, four (4)
dollars.
For the use of more than seventy-five feet, and less than one hundred feet,
five (5) dollars.
For one hundred feet and over, ten (10) dollars.
Provided, that no license shall be issued except by the consent of the board
of public works. [1883, April 16: 80 v. 129, 134.j
(2672-29) SEC. 29. [Hacks and vehicles; license of owners of ve-
hicles; to whom this act does not apply; dairymen, license of.] All persons,
1445
Tit. XII, Div. 8, Ch. 15.
LICENSES, ETC.
§ (2672—30).
firms or corporations using any vehicles on the streets of the city shall pay an-
nual license fees upon all such vehicles as follows:
For each sulky, three (3) dollars.
For each cab or hack, five (5) dollars.
For each buggy or private carriage, three (3) dollars.
For each hotel coach or carriage, seven (7) dollars.
For each furniture car, ten (10) dollars.
For each two-horse omnibus, seven (7) dollars.
For each four-horse omnibus, ten (10) dollars.
For each six-horse omnibus, fifteen (15) dollars.
For each cart drawn by one horse, three (3) dollars.
For each cart drawn by two horses, ten (10) dollars.
For each wagon (with springs) drawn by one horse, two (2) dollars.
For each wagon (with springs) drawn by two horses, seven (7) dollars.
For each wagon (with springs) drawn by three horses, ten (10) dollars.
For each wagon (with springs) drawn by four horses, fourteen (14) dollars.
For each wagon (with springs) drawn by six horses, eighteen (18) dollars.
For each wagon, dray, truck or drag (without springs) drawn by one horse,
three (3) dollars.
For each wagon, dray, truck or drag (without springs) drawn by two horses,
ten (10) dollars.
For each wagon, dray, truck or drag (without springs) drawn by three
horses, twelve (12) dollars.
For each wagon, dray, truck or drag (without springs) drawn by four
horses, fifteen (15) dollars.
For each wagon, dray, truck or drag (without springs) drawn by six or
more horses, twenty (20) dollars.
Provided, that none of the provisions of this act shall be held to apply to
farmers marketing the products of their farm; nor shall farmers be liable for
vehicles or any license whatever for marketing, selling, hawking, or peddling
the products of their farms, or for hauling any produce into or from said city
to the country, in cities of the first grade of the first class, nor shall the pro-
visions of this act be held to apply to gardeners, fruit-growers or florists; and
provided further, that the city auditor shall have authority (on the surrender
and cancellation of any license issued under the provisions of this section 29)
to rebate and refund a pro rata amount of the cost of such license for the un-
expired term for which said license has been issued; and provided further, that
the city auditor shall have authority to issue license for the unexpired fraction
of any year upon receiving satisfactory evidence that the vehicle sought to be
licensed has not been in use at any time during the current year prior to the
time of making application for such license. Ďairymen living without said
city shall pay license fees upon their vehicles used upon the streets of said
city as follows:
For each one-horse wagon, three (3) dollars.
For each two-horse wagon, five (5) dollars.
For each three or four-horse wagon, ten ($10) dollars. [93 v. 656; 92 v. 724 ;
90 L. L. 253; 81 v. 77; 80 v. 129 (135).]
Last amendment in force from and after January 1, 1899.
For tin-tag law, see below, % (2672-44) et seq.
See notes to Marmet v. State, 45 O. S. 63, at head of subdivision.
If the person who drove the wagon was not the owner thereof and had no interest therein, he is not
liable to punishment: O'Rourke v. State, 6 C. C. 612.
(2672-30) SEC. 30. [Keepers of race-courses and ball-grounds,
and persons engaged in public exhibitions therein.] Keepers of race-
courses and ball grounds, and persons engaged in public exhibitions therein,
1446
$ (2672-31).
LICENSES, ETC.
Tit. XII, Div. 8, Ch. 15.
shall pay a license fee as follows. For each exhibition not continuing for more
than one day, and for each day of any exhibiton, five (5) dollars; provided,
that the keeper of any race-course or ball-grounds, by payment of one hundred
(100) dollars, may procure therefor a license for the period of six months, or
any portion thereof, which license shall exempt from further license all persons
engaged in any exhibition at or upon such race-course or ball-grounds; but no
such license shall be granted unless applied for and paid for at least six hours
previous to the opening of the exhibition intended to be included within the
license. [1883, April 16: 80 v. 129, 135.]
(2672-31) SEC. 31. [Dogs.] The license tax on every dog shall be
two (2) dollars per annum; provided, whenever a dog-check issued by the
comptroller has been lost, taken, or stolen by parties unknown to the owner of
such dog, he may, on payment of fifty (50) cents, and on making and subscrib-
ing to an affidavit, receive from the comptroller a duplicate dog-check for the
remaining portion of the then current year. [1883, April 16: 80 v. 129, 135.]
See ? (2672-48) et seq.
(2672-32) SEC. 32. [Storage of petroleum or its product.] Storage
of petroleum, or the product of petroleum, shall be subject to such rules or regu-
lations as are, or may be adopted by the city council, and shall pay a license fee
of fifty (50) dollars per annum; provided, that no license shall be issued with-
out the consent of the fire commissioners. [1883, April 16: 80 v. 129, 136.]
(2672-33) SEC. 33. [Street musicians.] Street musicians shall pay
a license of twenty-five (25) dollars per annum for each instrument used, but
no license shall be issued except by the consent of the mayor. [1883, April 16:
80 v. 129, 136.]
(2672-34) SEC. 34. [Bill-posters, advertising sign-painters, and
street-car advertisers.] Bill-posters, advertising sign-painters, and street-car
advertisers, shall pay a license of twenty-five (25) dollars per annum.
April 16: 80 v. 129, 136.]
[1883,
(2672-35) SEC. 35. [Second-hand articles and junk-dealers.] Every
dealer in second-hand articles and keepers of junk-shops, shall pay a license of
fifty (50) dollars per annum. [1883, April 16: 80 v. 129, 136.]
See notes to Marmet v. State, 45 O. S. 63, at head of subdivision.
(2672-36) SEC. 36. [Astrologers, fortune-tellers, etc.] Astrologers,
fortune-tellers, clairvoyants, palmisters and seers shall pay a license of three
hundred ($300) dollars per annum. [1884, March 24: 81 v. 71; 80 v. 129.]
(2672-37) SEC. 37. [Auctioneers.] Auctioneers shall pay a license
as follows:
First-Those whose sales amount to one million (1,000,000) dollars and over,
per annum, seven hundred and fifty (750) dollars per annum.
Second-Those whose sales amount to six hundred thousand (600,000) dol-
lars, and less than one million (1,000,000) dollars per annum, five hundred
(500) dollars per annum.
Third-Those whose sales amount to three hundred thousand (300,000) dol-
lars, and less than six hundred thousand (600,000) dollars per annum, two
hundred and fifty (250) dollars per annum.
Fourth-Those whose sales amount to one hundred and fifty thousand
(150,000) and less than three hundred thousand (300,000) dollars per annum,
one hundred (100) dollars per annum.
Fifth-Those whose sales amount to seventy-five thousand (75,000) and less.
than one hundred and fifty thousand (150,000) dollars per annum, fifty (50) dol-
lars per annum.
Sixth-Those whose sales amount to less than seventy-five thousand (75,-
000) dollars per annum, twenty-five (25) dollars per annum. [1883, April 16:
80 v. 129, 136.]
1447
Tit. XII, Div. 8, Ch. 15.
LICENSES, ETC.
§ (2672—38).
Section cited in connection with 4226: Sipe v. Murphy, 49 O. S. 536, 545.
Criers of sales, at a tobacco ware-house, where they are paid a salary, are auctioneers and must pay a
license: State v. Withers, 3 N. P. 63; 4 O). D. 62.
(2672-38) SEC. 38. [Moneys received from license: how distrib-
uted.] All moneys received for license from vehicles of all descriptions, shall
be placed to the credit of the street repairing fund. All other moneys received
for licenses issued under this act, shall be placed to the credit of the general
fund. [1883, April 16: 80 v. 129, 136.]
(2672-39) SEC. 39. [Certain moneys to be paid to city treasurer.]
All moneys due or to become due and payable to the comptroller for the
improvement of streets, and the occupation of stalls and benches, and all moneys
due or to become due and payable to the mayor for street-car licenses, or for
percentage of gross earnings, shall be paid to the city treasurer, upon the cer-
tificate of the comptroller stating the amount of money required by law to be
paid therefor; said certificate shall be delivered to the city treasurer, who shall,
upon the receipt of the money stated therein, give a certificate of payment
stating the amount of money paid, said certificate of payment shall be pre-
sented to the comptroller, who thereupon shall issue his receipt, retaining the
treasurer's certificate of payment as his voucher therefor. [1883, April 16:
80 v. 129, 137.]
(2672-40) SEC. 40. [Duties of comptroller, mayor, and police.] It
shall be the duty of the comptroller or his deputies, in connection with the
mayor and the police, to enforce the payment of licenses, to examine places of
business and persons liable to pay licenses, and to see that such licenses are
taken out, and that no other business than that described in the license is car-
ried on or transacted by the party and at the place named in the license. [1883,
April 16: 80 v. 129, 137.]
(2672-41) SEC. 41. [How license obtained; perquisites of comp-
troller.] Every person engaged in any trade, occupation, or profession for
which a license is imposed by this act, shall, at the time of procuring the same,
make application to the comptroller, and shall state under oath or affirmation
such facts as may be applicable to said license. The comptroller shall then
issue to the applicant a certificate stating the particular kind of license for
which application has been made, and the amount of money required by law
to be paid therefor. Said certificate shall be delivered to the city treasurer, who
shall, upon receipt of the sum of money stated therein, give a certificate of
payment stating the amount of money paid. Said certificate of payment shall
be presented to the comptroller, who thereupon shall issue said license; and on
all moneys paid in for licenses said comptroller shall receive a commission of
five (5) per cent. on an amount not to exceed eighty thousand (80,000) dollars.
[1883, April 16: 80 v. 129, 137.]
(2672-42) SEC. 42. [Records to be kept by comptroller.] The
comptroller shall sign, issue, and keep a record of licenses, in books to be pre-
pared for that purpose, as follows:
First-A book to be designated a "License Cash Book," in which entries
shall be made under appropriate headings, showing the receipts each day; the
names of parties receiving license; their residence or place of business; the
number and class of license issued; the amount received for each license, and
the period of time for which each license is issued, with reference to the num-
ber and page of the ledger (hereinafter provided for) wherein the same is
entered.
Second-A book to be designated as "License Ledger," in which entries of
all moneys received for licenses shall be posted from the cash-book. In said
ledger shall be entered, in alphabetical order, under appropriate headings, the
1448
$ (2672-43).
LICENSES, ETC.
Tit. XII, Div. 8, Ch. 15.
names of parties to whom licenses have been issued, their residence, or place of
business, the period for which licenses have been issued, amount received for
each license, and the date of payment.
Third-He shall also keep such other book or books, as shall, in his judgment,
be necessary, and all of the books herein before provided to be kept, shall have
such additional entries made in them, respectively, as may be required; and
he is hereby authorized to employ such assistants as shall, in his judgment, be
necessary to enforce the provisions of this act, who shall be paid, together with
all charges for books herein before provided, from the five (5) per cent. allowance
by this act to the comptroller from his license collections. [1883, April 16: 80 v.
129, 137.]
(2672-43) SEC. 43. [Police to enforce provisions of this act.] It
shall be the duty of all police or other officers clothed with police powers, to
enforce the provisions of this act. [1883, April 16: 80 v. 129, 138.]
(2672-44) SEC. 1. [Tag on vehicles in Cincinnati.] In cities of the
first grade of the first class all persons or firms using any vehicle except cabs,
hacks, sulkies, buggies and carriages upon the streets of any such city, for which
annual license fees are required by law to be paid, shall exhibit in a conspicu-
ous place upon the left side of each vehicle, or upon the left side of the harness
of an animal attached to the same, a metal plate sign furnished or to be fur-
nished by the city anditor, indicating the year for which such license has been
taken and the number and character of such license. [91 v. 651; 89 v. 303.]
This act is a legitimate exercise of the police powers and is not discriminative: Little v. State, 8 C. C. 51 ;
1 0. D. 212.
(2672-45) SEC. 2. [Auditor to furnish tag.] The city auditor in
cities of the first grade of the first class is hereby required to furnish with
every license issued for every such vehicle used upon the streets of any such
city, one metal plate sign, having printed, painted or stamped thereon, the year
for which such license has been taken out, together with the character and
number of the same. [91 v. 651; 89 v. 303.]
(2672-46) SEC. 3. [Penalty.] Any person who shall violate any of
the provisions of this act shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine of not more than fifty ($50) dol-
lars. [91 v. 651; 89 v. 303.]
(2672-47) SEC. 4. [Police to enforce.] It shall be the duty of the
police or other officers clothed with police powers, to enforce the provisions of
this act. [91 v. 651; 89 v. 303.]
CINCINNATI.
(2672-48) to (2672-59) [Dog license in Cincinnati.] [Repealed,
93 v. 129; 92 v. 760.]
Dogs are property and hence cannot be taken without process of law. Hence R. S. 2 (2672–55) authoriz
ing the Humane Society to seize and kill dogs for non-payment of license is unconstitutional. It is void also
as a local law on a general subject: Fagin v. Humane Society, 39 W. L. B. 176, edit.
IN CLEVELAND.
(2672-60) SEC. 1. [Occupation forbidden until license got.] In
cities of the second grade of the first class no person shall be engaged in any
trade, business or profession hereinafter mentioned, until he or she shall have
first have obtained a license therefor, as hereinafter provided. [92 v. 707.]
(2672-61) SEC. 2. [Penalty.] Any person who shall violate any of
the provisions of this act shall be deemed guilty of a misdemeanor, and upon
conviction thereof, shall be punished by a fine of not more than one thousand
($1,000) dollars, nor less than ten ($10) dollars, or by imprisonment for not
more than six months, or both. [92 v. 707.]
1449
Tit. XII, Div. 8, Ch. 15.
LICENSES, ETC.
$(2672-62).
(2672-62) SEC. 3. [License not transferable unless by permission
of director of accounts.] No license granted or issued under any of the pro-
visions of this act shall be in any manner assignable or transferable, or shall
authorize any person other than is therein mentioned or named to do business,
or shall authorize any other business than is therein mentioned or named to
be done or transacted, or the business therein mentioned or named to be done
or transacted at any other place than is therein mentioned or named, without
permission from the director of accounts of said city indorsed thereon. The
director of accounts shall, at the time of granting such permission, immedi-
ately record such change or transfer upon the proper registry. A license for
any business conducted at any particular or fixed locality shall authorize the
transaction of such business by an individual, a firm or a corporation. Every
such license shall specify by name the person, firm or corporation to whom it
shall be issued and shall designate the particular place at which the business
shall be carried on. [92 v. 707.]
(2672-63) SEC. 4. [Licenses heretofore issued shall be valid.] All
licenses heretofore issued by the mayor or clerk or other duly authorized offi-
cer, and now unexpired, shall be valid until the time for which they were
granted shall expire. [92 v. 707.]
(2672-64) SEC. 5. [Sworn statement to be rendered in certain
cases.] In all cases where the amount of license to be paid by any person,
firm or corporation is based upon or regulated by the amount of sales affected
or business transacted, such persons, firm or corporation shall render a sworn
statement to the director of accounts of the total number of sales made or busi-
ness done by them, respectively, which statement shall determine the amount
for which such license shall be issued. [92 v. 707.]
(2672–65) SEC. 6. [Evidence of liability.] Upon the trial of any
criminal action brought under or arising from any provision or provisions of
this act, the fact that the party thereto represented himself or herself as engaged
in any business or occupation, for the transaction cf which a license is by this act
required, or that such party exhibited a sign indicating such business or calling,
shall be conclusive evidence of the liability of such party to pay a license.
[92 v. 707.]
(2672-66) SEC. 7. [License to be exhibited.] Every person having
a license under the provisions of this act shall exhibit the same at all times
while in force in some conspicuous part of his or her place of business, and
shall produce the same when applying for renewal, or when requested to pro-
duce it by any municipal officer, or by any member of the police department.
Every peddler, while engaged in peddling, shall carry his or her license, and
shall exhibit the same if requested by any municipal officer. [92 v. 707.]
(2672-67) SEC. 8. [Date and term of license.] All licenses, except-
ing to places of amusement, entertainment, performances or exhibitions, shall
date from the first day of January or July of each year, and shall be issued for
All licenses for theatres, concert
one year from either of the aforesaid dates.
halls, places of amusement, entertainment, performances or exhibitions may
be issued for the period of one year, or for any shorter time. [92 v. 707.]
(2672–68) SEC. 9. [When due penalty for delinquency.] All licenses
which shall become due on the first day of January or July, shall be consid-
ered delinquent if not paid within fifteen (15) days thereafter; or, for every
month or fraction of a month a license shall remain delinquent, after the fif
teen days allowed from the first day of January or July, as aforesaid, there
shall be added to the whole amount of such license a penalty of two per cent.,
which shall be collected in the same manner as the license. But the addition,
1450
§ (2672-69).
LICENSES, ETC.
Tit. XII, Div. 8, Ch. 15..
if any penalty to a license shall not exempt the person from whom said
license may be collectable from any penalty to which he or she may be liable
for violating any of the provisions of this act. [92 v. 707.]
(2672—69) SEC. 10. [Licenses may be revoked.] If at any time
it shall be made to appear to the satisfaction of the mayor that any licensed
person has violated any of the provisions of this act, then the said mayor
shall revoke his or her license, and such licensed person shall cease to have
'any authority thereunder. [92 v. 707.]
(2672-70) SEC. 11. [Proceedings when license depends upon re-
ceipts.] In all cases where the rates of license depend upon the receipts or
the profits of the business, or upon the amount of business done, or upon the
number of vehicles used, or upon any other matter peculiarly within the
knowledge of the applicant for the license, such applicant may be examined
in regard to such matters, and may be required to subscribe to a sworn state-
ment or affidavit, that he has to the best of his knowledge and belief, truly
answered all questions touching the amount of license for which he or she
applies or is liable. If any person applying for a license shall make any false
statement in regard to his or her business, with intent thereby to procure a
license at less rates than those provided in this act, he or she shall be deemed
guilty of a misdemeanor, and upon conviction thereof, shall be punished as
provided in section 2 [§(2672-61)] of this act, and may be adjudged also to
forfeit his or her license. [92 v. 707.]
(2672-71) SEC. 12. [Conviction not to exempt.] The conviction
and punishment of any person for transacting a business without a license
shall not excuse or exempt such person from the payment of a license fee due
or unpaid at the time of such conviction. [92 v. 707.]
(2672-72) SEC. 13. [Dance houses and ball rooms.] Keepers of
public dance houses or ball rooms shall pay a license fee of three hundred
($300) dollars per annum, or ten ($10) dollars per night; provided, however,
that no license shall be issued without the consent of the mayor. [92 v. 707.]
(2672-73) SEC. 14. [Scavengers.] Every person, company or cor-
poration who shall empty, clean or remove the contents of any privy vault,
or in any manner engage in the business of scavenger, shall pay a license fee
of twenty-five ($25) [dollars] per annum. [92 v. 707.]
(2672-74) SEC. 15. [Intelligence office.] Each keeper of an intelli
gence office or employment office shall pay a license fee of fifty ($50) dollars
per annum; provided, however, that no license shall be issued without the
consent of the mayor. [92 v. 707.]
(2672-75) SEC. 16. [Pawnbrokers.] Each keeper of a pawnbroker
or loan office shall pay a license fee of one hundred and twenty-five ($125)
dollars per annum, and each keeper of a pawnbroker's or loan office, or other
person or corporation engaged in carrying on the business commonly known
as a chattel mortgage broker, or loaning money, and to secure the payment
of same takes chattel mortgage or other security of like nature on household
goods, shall pay a like license fee of one hundred and twenty-five ($125) dol-
lars per annum. [92 v. 707.]
(2672-76) SEC. 17. [Billiard and pool tables.] Each proprietor of
a billiard or pool table shall pay a license fee of fifteen ($15) dollars for one
such table and ten ($10) dollars for each addditional table per annum. [92
v. 707.]
(2672-77) SEC. 18. [Bowling alleys.] Each proprietor of a bowling
alley shall pay a license fee of twenty-five ($25) dollars for one alley and fifteen
($15) dollars for each additional alley per annum. [92 v. 707.]
1451
Tit. XII, Div. 8, Ch. 15.
LICENSES, ETC.
$ (2672-78).
(2672-78) SEC. 19. [Peddlers.] Peddlers or hawkers of produce or
goods from vehicles drawn by animal power shall pay a license fee of twenty-
five ($25) dollars per annum, and those selling goods from vehicles drawn by
hand or carried by one or more persons shall pay a license fee of five ($5)
dollars per annum. Peddlers or hawkers of meat, fish, game, poultry, oysters,
vegetables, fruit, candies, groceries, produce or dairy products from stands,
shall pay a license fee of fifteen ($15) dollars per annum; provided that any
person selling agricultural produce of his own raising shall not be liable for a
license for selling or peddling the same in any mode or manner in the mar-
kets, public streets or alleys of said city. [92 v. 707.]
(2672-79) SEC. 20. [Circuses and menageries.] For each circus or
menagerie the owner thereof shall pay a license fee as follows: For the first
day two hundred and fifty ($250) dollars and for each succeeding day one
hundred and fifty ($150) dollars. For each side-show, concert, musical or
minstrel entertainment, or exhibition of monsters or freaks of nature, twenty-
five ($25) dollars for the first day, and fifteen ($15) dollars for each additional
day; provided, however, that no license shall be issued without the consent of
the mayor. [92 v. 707.]
(2672-80) SEC. 21. [Sewerage connections.] No connection shall
be made with any sewer or drain without the payment of a license fee of five
($5) dollars and an agreement, in writing of the person applying therefor, that
he will immediately indemnify and save harmless such city from all loss or
damage that may be occasioned in any wise by accident by the want of care
or skill on his part in the prosecution of work, or that may be occasioned by
reason of any opening made by him or caused to be made in any street, lane,
avenue, market-place, or common in the making of any connection with any
public or private sewer, as aforesaid; and, further, that he will promptly at
the proper time replace and restore the street over such opening to as good
condition as he found it previous to opening the same; provided, that no
license shall be issued except by consent of the board of control. [92 v. 707.]
(2672-81) SEC. 22. [Theatres, concert halls, etc.] Every proprietor
or lessee of any theatre, concert hall, or any place of amusement, entertain-
ment, or exhibition, shall pay a license fee, if issued for one year, of one hun-
dred and fifty ($150) dollars; if issued for three months, of fifty ($50) dollars;
if issued for one month, of twenty-five ($25) dollars. [92 v. 707.]
(2672-82) SEC. 23. [Vendors or keepers of gun powder.] All
vendors of gunpowder shall pay a license fee of fifteen ($15) dollars per annum.
All keepers or owners of gun powder magazines shall pay a license fee of
($50) dollars per annum. [92 v. 707.]
(2672-83) SEC. 24. [Shooting galleries.] All keepers of shooting
galleries shall pay a license fee of thirty ($30) dollars per annum, exclusive of
the license fee for gunpowder. [92 v. 707.]
(2672-84) SEC. 25. [Livery and sale stables.] All keepers or own-
ers of livery, sale or boarding stables shall pay licenses as follows: For those
whose gross receipts for the hiring, boarding and sale of horses and carriages
amount to more than fifteen thousand ($15,000) dollars per annum, twenty-five
($25) dollars per annum. For those whose gross receipts amount to less than
fifteen thousand ($15,000) dollars per annum, fifteen ($15) dollars per annum.
[92 v. 707.]
(2672-85) SEC. 26. [Dancing and riding academies.] Keepers of
dancing and riding academies or schools whose gross receipts are less than six
thousand ($6,000) dollars per annum, shall pay a license fee of fifty ($50) dol-
lars per annum; and those whose gross receipts are more than six thousand
($6,000) dollars per annum, shall pay a license fee of seventy-five ($75) dollars
per annum. [92 v. 707.]
1452
§ (2672—86).
LICENSES, ETC.
Tit. XII, Div. 8, Ch. 15.
(2672-86) SEC. 27. [Use of streets for building material.] Each
applicant for the use of streets or other spaces belonging to the city, for the
purpose of depositing building material thereon or for any other purpose,
shall pay a license fee for each permit, as follows: For the use of twenty (20)
feet or less, one dollar; for the use of more than twenty (20) feet and less than
forty (40) feet, two ($2) dollars; for the use of more than forty (40) feet and
less than seventy-five (75) feet, four ($4) dollars; for the use of more than
seventy-five (75) feet and less than one hundred (100) feet five ($5) dollars; for
one hundred (100) feet and over, ten ($10) dollars; provided, that no license
shall be issued except by consent of the board of control. [92 v. 707.]
(2672-87) SEC. 28. [Hacks and vehicles.] The owners of all vehicles
of every kind used upon the streets of the city, shall pay annual license fees
as follows:
For each sulky, three ($3) dollars.
For each cab or hack, owned by private party or parties and used generally
or entirely for private use, fifteen ($15) dollars.
For each cab or hack used generally for public use, from stands, (so-called)
on the streets, ten ($10) dollars.
For each cab or hack used in other manners than above mentioned, five
($5) dollars.
For each buggy or vehicle with two seats or more, drawn by more than one
animal power, ten ($10) dollars.
For each single buggy or private carriage, drawn by one horse, three ($3)
dollars.
For each hotel coach or carriage, ten ($10) dollars.
For each furniture car, ten ($10) dollars.
For each two horse omnibus, ten ($10) dollars.
For each four horse omnibus, fifteen ($15) dollars.
For each six horse omnibus, twenty ($20) dollars.
For each cart drawn by one horse, three ($3) dollars, drawn by two horses,
six ($6) dollars.
For each wagon (with springs) drawn by one horse, three ($3) dollars.
For each wagon (with springs) drawn by two horses, six ($6) dollars.
For each wagon (with springs) drawn by three horses, nine ($9) dollars.
For each wagon (with springs) drawn by four horses, twelve ($12) dollars.
For each wagon (with springs) drawn by five horses, fifteen ($15) dollars.
For each wagon, dray, truck or drag (without springs) drawn by one horse,
three ($3) dollars.
For each wagon, dray, truck or drag (without springs) drawn by two horses,
six ($6) dollars.
For each wagon, dray, truck or drag (without springs) drawn by three horses,
nine ($9) dollars.
For each wagon, dray, truck or drag (without springs) drawn by four horses,
twelve ($12) dollars.
For each wagon, dray, truck or drag (without springs) drawn by six or more
horses, fifteen ($15) dollars.
Provided that none of the provisions of this act shall be held to apply to
farmers marketing the products of their farms; nor shall any farmer be liable
whatever to vehicles or any license whatever for marketing, selling or peddling
the products of their farms in cities of the second grade of the first class; nor
shall any of the provisions of this act be held to provide to gardeners, fruit
growers or florists who reside out of the city; nor to any person living with-
out said city and engaged in hauling goods or merchandise to and from said
city; all others, however, and dairymen living without said city, shall pay a
license upon their vehicles used upon the streets of said city, as follows:
1.
1453
Tit. XII, Div. 8, Ch. 15.
LICENSES, ETC.
§ (2672-88).
For each one-horse wagon, three ($3) dollars per annum.
For each two-horse wagon, six ($6) dollars per annum.
For each three or four-horse wagon, ten ($10) dollars per annum.
And be it further provided that all persons or firms using any vehicles ex-
cept cabs, hacks, sulkies, buggies, and carriages, upon the streets of any such
city, for which annual license fees are required by law to be paid, shall exhibit
in a conspicuous place upon the left side of the harness of an animal attached.
to same, a metal plate sign, furnished or to be furnished by the director of
accounts, indicating the year for which such license has been taken, and the
number and character of such license. And the director of accounts in cities
of the second grade of the first class is hereby required to furnish with every
license issued for every such vehicle used upon the streets of any such city,
one metal plate sign, having printed, painted or stamped thereon the year for
which the license has been taken out, together with the character and number
of the same. [92 v. 707.]
(2672-88) SEC. 29. [Storage of petroleum.] Storage of petroleum,
or the products of petroleum, shall be subject to such rules and regulations as
are or may be adopted by the city council, and shall pay a license fee of fifty
($50) dollars per annum; provided that no license shall be issued without the
consent of the director of fire service.
All persons selling goods described in this section shall not be subject to
license fee if the same is sold by them from wagons in retail way, and in that
case they shall be subject to the fees heretofore named for wagons, trucks, drays
or drags without springs. [92 v. 707.]
(2672-89) SEC. 30. [Bicycles.] The license tax on every bicycle
shall be seventy-five (8.75) cents per annum. Provided, whenever a bicycle check
issued by the director of accounts has been lost, taken or stolen unknown to
the owner of such bicycle, he may on payment of twenty-five ($.25) cents and
on making and subscribing to an affidavit, receive from the director of accounts.
a duplicate bicycle check for the remaining portion of the then current year.
[92 v. 707.]
(2672-90) SEC. 31. [Street car advertising.] Any person or persons,
firm or firms engaged in the street car advertising business or any other kind
of advertising business where space is rented, bought or sold, or in any other
manner, shall pay an annual license fee of two hundred ($200) dollars per
annum. [92 v. 707.]
(2672-91) SEC. 32. [Money payable to director of accounts.] All
moneys due or to become due and payable to the director of accounts for the
improvement of streets and the occupation of stalls and benches, market
grounds and ground for market purposes, and all moneys due or to become
due and payable for street car licenses, or for percentage of gross earnings, to
the director of accounts or to any other municipal officer, except as herein-
after provided shall from and after the passage of this act be made payable
to the director of accounts, who shall daily deposit the same with the city
treasurer to the credit of the proper funds and take his receipt therefor. [92
v. 707.]
(2672-92) SEC. 33. [Dogs.] The license tax on every dog shall be
two ($2) dollars per annum; provided whenever a dog check issued by the
director of accounts has been lost, taken or stolen by parties unknown to the
owner of such dog, he may on payment of fifty ($.50) cents and on making
and subscribing to an affidavit, receive from the director of accounts a dup-
licate dog check for the remaining portion of the then current year. [92 v.
707.]
1454
§ (2672-93).
LICENSES, Erc.
Tit. XII, Div. 8, Ch. 15.
(2672-93) SEC. 34. [Street musicians.] Street musicians shall pay
a license fee of twenty-five ($25) dollars per annum for each instrument used,
but no license shall be issued except by consent of the mayor. [92 v. 707.]
(2672-94) SEC. 35. [Bill posters.]
SEC. 35. [Bill posters.] Bill posters, advertising sign
painters and street car advertisers shall pay a license fee of twenty-five ($25)
dollars per annum. [92 v. 707.]
(2672-95) SEC. 36. [Second-hand articles and junk dealers.] Every
dealer in second-hand articles and keepers of junk shops shall pay a license fee
of twenty-five ($25) dollars per annum. [92 v. 707.]
(2672-96) SEC. 37. [Astrologers, fortune tellers, seers, etc.] As-
trologers, fortune tellers, clairvoyants, palmisters, seers, etc., shall pay a license
fee of three hundred ($300) dollars per annum. [92 v. 707.]
(2672-97) SEC. 38. [Auctioneers.] Auctioneers shall pay a license
fee as follows:
First-Those whose sales amount to one million ($1,000,000) dollars or over
per annum, seven hundred and fifty ($750) dollars per annum.
Second-Those whose sales amount to six hundred thousand ($600,000)
dollars and less than one million ($1,000,000) dollars per annum, five hundred
($500) dollars per annum.
Third-Those whose sales amount to three hundred thousand ($300,000)
dollars and less than six hundred thousand ($600,000) dollars per annum, two
hundred and fifty ($250) dollars per annum.
Fourth-Those whose sales amount to one hundred and fifty thousand
($150,000) dollars and less than three hundred thousand ($300,000) dollars per
annum, one hundred ($100) dollars per annum.
Fifth-Those whose sales amount to seventy-five thousand ($75,000) dollars
and less than one hundred and fifty thousand ($150,000) dollars per annum,
fifty ($50) dollars per annum.
Sixth-Those whose sales amount to less than seventy-five thousand ($75,000)
dollars per annum, twenty-five ($25) dollars per annum. [92 v. 707.]
(2672-98) SEC. 39. [Authority to charge fees.] In all cities of the
second grade and of the first class the board of control and the city council are
hereby empowered and authorized to charge and collect by ordinance a license
fee per annum upon any and all kinds of business, matters and things similar
to, related with, or growing out of, or distinct from, but of a general character
as these. [92 v. 707.]
(2672-99) SEC. 40. [Commissioner of licenses.] There shall be an
officer known as the commissioner of licenses who shall have general super-
vision of the enforcement of all laws and ordinances pertaining to this act, and
who shall receive a compensation of 3 per cent. on the first $60,000 collected, 2
per cent. on the next $40,000 collected, and one per cent. on sums above $100,-
000. Said commissioner of license shall give a bond with good and sufficient
sureties to such cities as herein named in the sum of twenty thousand ($20,000)
dollars, to be approved by the city council. Said commissioner of license shall
be appointed by the director of police for the period of two years. All moneys
for licenses shall be paid to the commissioner of licenses, except as herein before
provided, who shall deposit the same with the city treasurer daily and to the
credit of the proper funds and take the city treasurer's receipt therefor, and
shall issue a certificate to the city auditor showing the amount and kind of li-
cense to which the person or firm is entitled and upon the receipt of such cer-
tificate by the director of accounts he shall issue a license to such person or firm,
according to all provisions of this act or such ordinance as may be hereinafter
established by the city council. [92 v. 707.1
1455
Tit. XII, Div. 8, Ch. 15.
LICENSES, ETC.
$ (2672-100).
(2672-100) SEC. 41. [Duty of commissioner of licenses.] It shall
be the duty of the commissioner of licenses, in connection with the director of
accounts, with the mayor, director of police and the police to enforce the pay-
ment of licenses, to examine places of business and persons who are liable to
pay licenses, and to see that such licenses are taken out, and that no other busi-
ness than that described in the license is carried on or transacted by the party
and at the place named in the license. [92 v. 707.]
(2672–101) SEC. 42. [Trade or occupation.] Every person engaged
in any trade, occupation or profession for which a license is imposed by this
act, and that may be hereafter imposed by the city council in cities of the
second grade of the first class, shall at the time of procuring same make appli-
cation to the commissioner of license, and shall state under oath or affirmation
such facts as may be applicable to said business. The commissioner of license
shall then issue to the applicant a certificate stating the particular kind of li-
cense for which application has been made and the amount of money required
by law to be paid therefor to him. Said certificate shall be delivered to the
director of accounts, who shall, upon the acceptance of such certificate, which
shall show the amount of money so paid, issue a license or check in accordance
therewith. [92 v. 707.]
(2672-102) SEC. 43. [Transaction of commissioner on record.]
The commissioner of licenses shall sign, issue and keep a record of all transac-
tions in books to be prepared for that purpose, as follows:
66
First-A book to be designated a license cash book," in which entries
shall be made under appropriate headings showing the receipts each day, the
name of parties receiving licenses, their residence or place of business, the
number and class of license issued, the amount received for each license and
the period of time for which each license is issued, with references to the
number and page of the ledger (hereinafter provided for), wherein the same
is entered.
Second-A book to be designated as "a license ledger," in which entries
of all moneys received for licenses shall be posted from the cash book by the
director of accounts. In said ledger shall be entered in alphabetical order
under appropriate headings, the names of parties to whom licenses have been
issued, their residence or place of business, the period for which the licenses
have been issued, the amount received for each license and the date of pay-
ment.
Third-The director of accounts shall also keep such other book or books
as shall in his judgment be necessary, and all the books herein provided to be
kept, shall have such additional entries made in them respectively as may be
required by him; and the director of accounts is hereby authorized to employ
such assistants as shall in his judgment be necessary to enforce the provisions
of this act and to keep a correct record of all proceedings pertaining thereto,
who shall be paid, together with all charges for books herein before provided,
out of the general salary fund of the director of accounts. Said salaries for
said employes, except as named shall be fixed by the city council. [92 v. 707.]
(2672-103) SEC. 44. [Duty of police to enforce this law.] It shall
be the duty of all police or other officials clothed with police power to enforce
the provisions of this act. [92 v. 707.]
SEC. 45. [Ordinances conflicting herewith.] All acts and parts of acts,
ordinances and parts of ordinances conflicting with any of the provisions of
this act, be and the same are hereby repealed, as to cities of the second grade
and of the first class. [92 v. 707.]
1456
(2672-104).
LICENSES, ETC.
Tit. XII, Div. 8, Ch. 15..
(2672-104) SEC. 1. [Livery, etc., stable license in Cleveland.] In
cities of the second grade of the first class no person or persons, firm or corpora-
tion, shall engage in the business of keeping, maintaining, or conducting any
livery, sale or boarding stable without a license therefor, to be obtained as
hereinafter set forth. [90 L. L. 109.]
(2672-105) SEC. 2. [How and when obtainable.] Every person or
persons being engaged or desiring to engage in such business within the limits
of such city, shall make application to the health officer of such city for a cer-
tificate for that purpose, and shall furnish to said health officer a written state-
ment containing a description of the land or lot upon which the building or
buildings in which such business is now or is to be conducted is situated; also,
a description of such building or buildings and the number of horses and
animals of any kind which are now or are to be kept in such building or
buildings, and also the character of such business; and in case the health offi-
cer is satisfied that the public health will not be affected or endangered by the
carrying on of such business in the manner and under the conditions existing
or proposed, and that such applicant has complied and intends to comply with
the laws of the state and the ordinances of the city in reference to such busi-
ness, it shall be his duty to give the certificate asked for; provided, however,
that if such applicant desires to carry on such business in a part of such city
which is wholly or principally devoted to residences and buildings of the dwell-
ing-house class occupied as homes, and in a building or buildings situated
upon premises not at the time of such application used in such business, it
shall be unlawful to grant such certificate unless such applicant shall secure
the written consent thereto of any and all owners and lessees of residences or
dwelling-houses within a distance of three hundred feet from the premises upon
which said business is to be carried on, and shall satisfy the board that such
written consent has been secured. [90 L. L. 109.]
(2672-106) SEC. 3. [Same.] Such applicant shall present such cer-
tificate to the city clerk, who shall issue a license in accordance therewith upon
payment of the fee hereinafter provided. [90 L. L. 109.]
(2672–107) SEC. 4. [Revocation of.] It shall be the duty of the health
officer to revoke such license if the licensee shall at any time fail to comply
with the provisions of this act, or any other law of the state, or the ordinances
of said city, or if such business shall be so conducted as to affect or be prejudi-
cial to public health; such revocation shall be by written notice served upon
the licensee or the person in charge of the business or premises, and from the
time of such service all authority under said license shall be terminated. [90
L. L. 109.]
(2672-108) SEC. 5. [Duration of.] Such license shall be and re-
main in force for the period of one year from its date, and may be renewed
from year to year by presenting the same to said city clerk, and the payment of
the fee hereinafter provided; and such clerk, upon such presentation and pay
ment, shall indorse such renewal upon said license, but failure to secure such
renewal within one year from the date of such license or the date of any pre-
vious renewal shall operate as a revocation of said license. [30 L. L. 109.]
(2672-109) SEC. 6. [Fee.] For the granting of a license and for
each renewal of the same the fee shall be one dollar, which shall be paid to
the city clerk and shall be credited to the sanitary fund. [90 L. L. 109.]
(2672-110) SEC. 7. [Inspection.] The health officer shall be per-
mitted free entrance, at all hours of the day and night, to a buildings used
and occupied in such business. [90 L. L. 109.]
1457
Tit. XII, Div. 8, Ch. 15.
LICENSES, ETC.
(2672-111).
(2672-111) SEC. 8. [Penalty.] Any person who shall violate the
provisions of this act shall be deemed guilty of a misdemeanor, and upon con-
viction thereof shall be punished by a fine of not more than one thousand
($1,000.00) dollars, nor less than fifty ($50.00) dollars, or by imprisonment for
not more than six months, or both; and for each and every day that such per-
son shall carry on such business without a license he or she shall be fined one
thousand ($1,000.00) dollars. [90 L. L. 109.]
(2672-112) SEC. 9. [Police to enforce.] It shall be the duty of all
police and other officers clothed with police powers to enforce the provisions
of this act. [90 L. L. 109.]
TOLEDO.
Any city of
the third grade of the first class may provide by ordinance for licensing per-
sons, firms and corporations engaged in such city in any occupation, trade,
business, or profession, as hereinafter named, and the owners of horses, mules,
and vehicles of every kind used in such city, as hereinafter limited. [90 L. L.
335.]
(2672-113) SEC. 1. [Licensing powers of Toledo.]
(2672-114) SEC. 2. [Enumeration of subjects.] That such ordi-
nance or ordinances may provide and require that the occupations, trades,
business and professions as enumerated in this section, shall not be engaged in
nor practiced in such city until in each case, as may be and as provided for
therein, license therefor has been obtained in accordance therewith, viz.: For-
tune-telling, astrology and palmistry; keeping public dance-houses or ball-
rooms, except halls or rooms used by posts of the G. A. R., Union Veterans
and Sons of Veterans; keeping a pawnbroker's shop or office; owning or oper-
ating a circus or menagerie, or owning or operating a side-show, concert,
musical or minstrel entertainment, exhibiting freaks of nature or monstrosi-
ties, provided that no license shall be required for any musical or other enter-
tainment given by amateurs for the benefit of a religious or benevolent insti-
tution; owning or leasing any theater or concert hall; owning or operating a
shooting-gallery or ball-throwing game or cane-rack; rendering music, either
vocal or instrumental, in the streets or alleys of such city for hire, or taking
up a collection or receiving donations therefor; keeping a second-hand store;
owning, leasing or keeping a race course or ball grounds; keeping an intelli-
gence or employment bureau or office; selling, peddling or hawking any wares,
goods, merchandise or produce from vehicles, hand or push carts, baskets, or
by hand, in the streets or alleys, provided that any person selling the products
of his own raising or goods of his own manufacture shall not be made liable
for any license for selling, hawking or peddling the same in any manner on
the streets or alleys of such city; il-posting and distributing the same, pro-
vided that no license shall be required which will interfere with persons en-
gaged in any other business or profession from advertising and distributing
bills relating to their business exclusively; emptying or cleaning or removing
the contents of privy vaults or catch-basins for hire. [90 L. L. 335.]
(2672–115) SEC. 3. [Limitations and exceptions.] That such ordi-
nance or ordinances, providing for licensing owners of and for horses, mules
and vehicles used in such city, shall not require licenses for or on account of
horses or mules less than three years of age; nor shall farmers, gardeners, fruit
growers or florists be made liable for any license whatever for horses, mules,
vehicles or otherwise, for marketing, selling, hawking or peddling the products
of their farms, gardens or green houses, or for hauling any produce, goods or
merchandise into or out of such city; nor shall such horse, mule or vehicle,
93
1458
(2672-116).
LICENSES, ETC.
Tit. XII, Div. 8, Ch. 15.
license be required of persons living without such city and engaged in huck-
stering and marketing country produce; nor shall any such license fee be
required of any person living without such city and using any horse, mule,
cart, sulky, carriage or other vehicle in going into or out of such city. [90
L. L. 335.]
(2672-116) SEC. 4. [Penalty.] That the ordinances authorized by
this act may also provide that for the violation thereof and upon conviction
therefor, a fine shall be imposed which in any case shall not be less than five
dollars and not more than five hundred dollars, or imprisonment for not more
than three months, or both. Said ordinance may also provide that the con-
viction and punishment of any person engaged in any occupation or transact-
ing any business, or for owning or using any horse, mule or vehicle on the
streets of said city without a license, when the same has been required, shall
not excuse or exempt such person from the payment of any license fee due
or unpaid at the time of said conviction; and each member of any firm, and
each officer of any corporation required by any such ordinance to procure a
license, shall, for failure to comply with the requirements of such ordinance
be held to have violated the same and be subject to the penalties provided for
such violation. [90 L. L. 335.]
(2672-117) SEC. 5. [Disposition of fees.] That all moneys re-
ceived by such city for licenses for or on account of horses, mules and vehicles,
shall be placed to the credit of the fund for the repairing and cleaning of
streets; all other moneys received for licenses authorized by this act shall be
placed to the credit of the general expense fund or general fund. [90 L. L.
335.]
1459
Jit. XII, Div. 8, Ch. 16. LEASE OR SALE, ETC.
§§ 2673-2673a.
SECTION
CHAPTER 16.
LEASE OR SALE OF CORPORATE PROPERTY.
2673. Authority to lease or sell corporate property.
2673a. Council of certain cities or villages may lease or
sell real estate: notice of such lease or sale.
2674. Disposition of fund so raised.
2675. Chapter not to apply to certain classes of
property.
2675-1. Exchange of lots for school purposes
authorized.
2675-2. Terms of application for exchange.
2675–3. Notice thereof to be published.
SECTION
2675-4. Consummation of the exchange.
2675-5. Sandusky may lease its wharves, etc.
2675-6. Who may sell railroad stocks owned by
county, city or township.
2675-7. How proceeds of sale of stock owned by
county, city or township applied.
2675-8. Same.
2675-9. Counties, townships and municipalities
authorized to sell stocks owned in private
corporations.
SEC. 2673. [Authority to lease or sell corporate property.] The
council of any city or village may, upon the recommendation of the board of
improvements, or board of public works, lease or convey, in such manner and
for such sum as may be provided by ordinance, any real estate, or interest
therein, any wharf or public landing, or any buildings or parts thereof, and
also dispose of any material from any street, alley, avenue, sewer, bridge, ship-
channel, public ground or park, belonging to the corporation. [66 v. 264, § 676;
(S. & S. 802; S. & C. 1544).]
See ? 2368.
When there is no restraining clause in the charter of a corporation, it may dispose of any property which
it has the right to acquire: Newark v. Elliott, 5 O. S. 114; Reynolds v. Stark Co., 5 O. 204.
The council in cities of the second class having no board of improvements, have power to sell and con-
vey real estate of the city without any recommendation from such board: Newton v. Mahoning Co., 26 O. S.
618.
A deed by such corporation for the conveyance of city property, for a money consideration expressed in
the deed, passes to the purchaser a legal title, although the consideration, so expressed, is far below the real
value, or merely nominal: Ib.
As to the manner in which a deed by a municipal corporation should be executed: City of Tiffin v.
Shawhan, 43 O. S. 178.
SEC. 2673a. [Council of certain cities or villages may lease or sell
real estate: notice of such lease or sale.] That the council of any city or
village, which has not a board of improvements, or board of public works,
shall have power, three-fifths of all the members elected thereto voting therefor,
to offer for sale or lease any real estate and appurtenances belonging to such
city or village, and place the proceeds arising therefrom to the credit of such
fund or funds as to said council may seem proper; provided that invitation of
written bids for such sale or lease shall be first published for two weeks in
some newspaper of general circulation in such city or village, and the sale or
lease shall be awarded to the highest and best bidder, but all bids may be
rejected and said council may at any time within twenty days after opening
such bids award the sale or lease privately to any person at a price not less
than the highest bid received; or such lease or sale after similar notice may be
made by public auction[;] and, provided further, that said council may until
such invitation and award or auction, lease any of said property from month
to month upon such terms as they choose, without advertisement so as to pro-
duce revenue. [1882, April 15: 79 v. 119; 78 v. 185.]
By the act of 1881, April 18 (78 v. 185), the following sections were created:
"SEC. 26736. [Mayor to give notice of proposed lease or sale.] That it shall he the duty of the mayor, on the
written application of two members of the council of such city, to give notice in two newspapers published,
or of general circulation in such city, of the proposed lease or sale, for two weeks next preceding said elec-
tion.
"SEC. 2673c. If the council, by the required majority, pass an ordinance authorizing the sale or lease of
such property, it shall be the duty of the mayor to execute the necessary lease or leases, deed or deeds."
These sections were repealed by the act of 1882, April 15 (79 v. 119).
See note to City of Tiffin v. Shawhan, 43 O. S. 178, under 2 2673.
1460
$2674.
LEASE OR SALE, ETC.
Tit. XII, Div. 8, Ch. 16.
SEC. 2674. [Disposition of fund so raised.] The fund arising there-
from shall be paid into the corporation treasury, to the credit of the particular
fund by which such property was acquired, if there be any such fund, and if
no such fund exist, then to the general fund of the corporation. [66 v.264,
$677; (S. & S. 802; S. & C. 1544).]
SEC. 2675. [Chapter not to apply to certain classes of property.]
The provisions of this chapter shall not apply to the sale of school property,
except with the concurrence of the board of education, nor of property
acquired for infirmaries, houses of refuge and correction, and work-houses,
except with the concurrence of the directors of those institutions, nor of prop-
erty acquired for water-works purposes, except with the concurrence of the
trustees of water-works, or board of public works, nor of any real estate, or the
buildings thereon devoted to hospitals, or other benevolent institutions owned
or managed by the corporation. [66 v. 264, § 678; (S. & S. 802; S. & C. 1544).]
(2675-1) SEC. 1. [Exchange of lots for school purposes authorized.]
In any and all cases when any lot or lots of land lying within the limits of any
town or village shall have been dedicated, given, or granted to such town or
village, and set apart for the use and support of schools, it shall be competent
for the several courts of common pleas of this state, on application of the
mayor or council of any village, where such lot or lots are situate, to authorize
an exchange of such lot or lots for such other lot or lots within the limits of
such village as the interest of the schools therein may seem to require. And
all lots taken in exchange as aforesaid, shall be held for the same purposes
and subject to the same conditions as the original lots dedicated, given
or granted to said town or village for the use and support of schools. [70 v.
193.]
(2675-2) SEC. 2. [Terms of application for exchange.] That every
application for an exchange of lots as aforesaid, shall be by petition verified by
the mayor, and the board of education of said town or village shall be made a
party defendant, and such other persons as the court may order, and shall set
forth an accurate description of each and all lots proposed to be given or taken
in exchange, and shall set forth the specific circumstances which render such
exchange necessary, and a prayer for such order as may be required. [70 v.
193.]
(2675-3) SEC. 3. [Notice thereof to be published.] That notice of
the filing, pendency, and prayer of such petition shall be published for four
consecutive weeks, prior to the day of hearing, in some newspaper printed in
such village, if there be any printed therein, and if there be not, in some news-
paper printed in the county, and of general circulation in such village. [70 v.
193.]
(2675-4) SEC. 4. [Consummation of the exchange.] If upon the hear-
ing of such petition it shall appear to the court that notice of the filing, pend-
ency, and prayer of such petition has been given as herein before required, and
that such an exchange of lots is necessary and will promote the interests of
schools in such village, and that such an order would not be inconsistent with
the terms and conditions of the original grant or devise, then the court shall
authorize such exchange to be made, and order the mayor of such village to
execute and deliver such deed or deeds in fee simple as may be necessary to
effect such exchange. [70 v. 193.]
(2675-5) SEC. 1. [Sandusky may lease its wharves, etc.] The city
council of any city of the third grade, second class, having a population of not
less than 15,836, nor more than 15,840, at the federal census of 1880, or that
may have such population at any subsequent federal census, be and hereby is
authorized to lease any wharf, dock, basin, or landing-place upon its navigable
1461
Tit. XII, Div. 8, Ch. 16. LEASE OR SALE, ETC.
§ (2675-6).
waters, and belonging to said corporation, on such terms and for such time as
may be provided for by ordinance, without having to advertise for bids. [88 v.
260.]
(2675-6) SEC. 25. [Who may sell railroad stocks owned by county,
city, or township.] The commissioners of any county, the city or town coun-
cil of any city or town, and the trustees of any township, which county, city,
town or township has heretofore subscribed to the capital stock of any railroad
company, or turnpike or plank-road company, and has issued, or shall hereafter
issue any bonds for the payment of such subscription, are hereby authorized to
sell the said stock, or any part thereof, and on such terms as they shall deem
to be for the interest of said county, city, town or township, respectively, and
may apply the proceeds of such sale to the payment of the bonds of such
county, city, town or township, respectively subscribed; provided, that the
commissioners of any county; the city or town council of any city or town,
and the trustees of any township, which has paid in full its subscriptions to
such railroad or turnpike or plank-road company, shall be authorized to sell the
stock of the same in such railroad company, or turnpike or plank-road com-
pany, on such terms as they shall deem to be for the interest of said county,
city, town or township respectively, and place the proceeds of such sale to the
credit of the general fund of such county, city, town or township. [1867,
April 16: 64 v. 234; 50 v. 274.]
The substance of the other sections of this act has been carried into the Revised Statutes, in ? 3232-3269.
All were repealed, except 25, as above given. See 27437, paragraph 54.
(2675-7) SEC. 1. [How proceeds of sale of stocks owned by city,
county, or town applied.] Whenever the commissioners of any county, the
proper authorities of any city, or town, or the trustees of any township, shall
sell stock of any railroad, turnpike, or plank road company, under the provisions
of the act to which this act is supplementary, they shall apply the proceeds
of said sale to the payment of the bonds issued to said railroad, turnpike, or
plankroad company, for said stock so sold as aforesaid, if said bonds can be
obtained at par. [60 v. 53.]
(2675-8) SEC. 2. [Same.] If said bonds can not be redeemed at par,
said authorities so selling the stock as aforesaid, shall invest said money in the
bonds and stocks of the United States, or of this state, or upon bond and mort-
gage upon unencumbered real estate, held in fee simple in said county; and
said loan not to exceed one-half of the appraised value of the property so mort-
gaged, to be held as a fund for the payment of the bonds given for said stock,
when the same shall mature, or can be paid and discharged at their par value;
the principal and interest of all money so invested shall be held exclusively as
a fund for the payment of the principal and interest of the bonds so given for
the stock so sold, and shall be applicable to no other purpose until said indebt-
edness shall be fully paid. [60 v.53.]
(2675-9) SEC. 1. [Counties, townships, and municipalities author-
ized to sell stocks owned in private corporations.] The trustees of any
township, city councils and county commissioners are hereby authorized and
empowered to sell and dispose of any railroad stocks, plank-road stock, and
turnpike stock, owned by said township, municipal corporations or county, at
public or private sale, as they may deem best, and pay the proceeds arising
from the sale thereof into the treasury of said township, municipality or
county, to the credit of the general fund thereof. [85 v. 143.]
1462
S$ 2676-2677. INJURIES FROM EXCAVATIONS. Tit. XII, Div. 8, Ch. 17.
SECTION
CHAPTER 17.
INJURIES FROM EXCAVATIONS-DAMAGES.
SECTION
2676. Damage by excavation to be recovered by civil 2677. Depth of excavation allowable.
action.
SEC. 2676. [Damage by excavation to be recovered by civil action.]
If the owner or possessor of any lot or land, in any city or village, digs, or
causes to be dug, any cellar, pit, vault, or excavation, to a greater depth than
nine feet below the curb of the street on which [such] lot or land abuts, or, if
there be no curb, below the surface of the adjoining lots, and by such excava-
tion, causes any damage to any wall, house, or other building, upon the lots.
adjoining thereto, such owner or possessor shall be liable, in a civil action, to
the party injured, to the full amount of the damage aforesaid. [66 v. 232,
§ 494; (S. & C. 1538).]
But see twelve foot limit in ?? (2575-16) and (—68).
Where the natural surface of adjoining lots has been changed by filling or grading, the words "surface
of the adjoining lots," as used in this section, are to be understood as designating the existing or artificial,
and not the original or natural, surface of the lots: Burkhardt v. Hanley, 23 O. S. 558.
The meaning and effect of 22 2676 and 2677 is, to subject a party to the liability therein provided where
he makes an excavation on his lot deeper than the foundation walls on the adjoining lot, and more than nine
feet below such actual or existing surface, or, if the street is curbed or graded, more than nine feet below the
curb or grade: Ib.
It was held under the act of 1854 (52 v. 67), from which these provisions are derived, that when the owner
or occupant of a village or city lot erects a building thereon, it is at his own peril if he so construct its
foundation walls that the owner of the adjoining lot can not dig a cellar thereon to the depth allowed by the
statute without endangering its safety. And such adjoining lot-owner is under no obligation, after excavat-
ing his cellar to the statutory depth, to furnish a support for the walls of an adjoining building: McMillen v.
Watt, 27 O. S. 306.
The purpose of this section is not to do away with the necessity for proper care, so long as depth is not
exceeded, but rather to advise adjoining owners what depth of foundation will protect their buildings: Cin-
cinnati & Clifton I. P. R. R. Co. v. Starbuck et al. (Ham. Dist. Court), 9 W. L. B. 200.
Does not violate Act II, Sec. 26, of the constitution: Emery et al. v. Coles, 5 N. P. 199.
See note to Hall v. Kleeman, 4 N. P. 201; 6 O. D. 323, under 2677.
SEC. 2677. [Depth of excavation allowable.] Such owner or possessor
may dig, or cause to be dug, any such cellar, pit or excavation, to the full depth
of any foundation wall of any building upon the adjoining lot or lots, or to
the full depth of nine feet below the established grade of the street whereon
such lot abuts, without reference to the depth of adjoining foundation walls,
without incurring the liability prescribed in this chapter, and may, on thirty
days' notice to adjoining owners, grade and improve the surface of any lot to
correspond with the established grade of the street or alley upon which it abuts
without incurring liability. [91 v. 211; 66 v. 232, § 495; (S. & C. 1538.]
Owner of house held liable for damages for death of tenant killed by falling of house, occasioned by
excavation in adjoining lot on notice to depth less than nine feet: Kuhn v. Remmler (Cin. Sup. Court, Gen.
Term), 16 W. L. B. 366.
The common law doctrine of lateral support is abrogated in Ohio: Hall v. Kleeman, 4 N. P. 201; 6
O. D. 323.
If the notice is not given, the common law rule prevails: Id.
Section (2575-60) being unconstitutional, 22676 and 2577 also apply to cities 1st grade, 1st class: Id.
1463
Tit. XII, Div. 8, Ch. 18.
LAW LIBRARIES.
§§ 2678-2680.
༤.
SECTION
CHAPTER 18.
LAW LIBRARIES.
2678. Compensation of law librarian, how fixed; Cin-
cinnati and Cleveland.
2679. Appointment and compensation of librarian
in certain counties.
2680. Appropriation of certain fines in police court
to use of libraries.
SECTION
2680a. Certain fines to use of library in Darke county.
26806. Same in Butler county.
2680c. Same in Columbiana county.
2680d. Same in Washington county.
State library commissioners to give advice and attention to free public library officers,
see ? 348.
Further as to libraries, see ? 4002 et seq.
SEC. 2678. [Compensation of law librarian, how fixed; Cincinnati and
Cleveland.] The judges of the court of common pleas of a county containing
a city of the first class, or of the first or second grade of the second class, or of the
second class, third grade a in which there now is or may hereafter be a law
library association which furnishes to all the county officers and the judges of
the several courts in such county admission to its library, and the use of its
books free of charge, shall, upon the appointment by the trustees of such asso-
ciation of a person to act as librarian thereof, fix the compensation of such
librarian, which shall be paid out of the county treasury. [92 v. 49; 91 v. 207;
85 v. 3; Rev. Stat. 1880; 70 v. 162, § 1.]
SEC. 2679. [Appointment and compensation of librarian in certain
counties.] The judges of the court of common pleas of any county, other than
the county described in section two thousand six hundred and seventy-eight, in which
there is a law library association, which provides to all county officers and judges
of the several courts the use of its law books, free of charge, shall, upon the
recommendation of the trustees of such association, appoint a suitable person as
a special bailiff to act as librarian of such association, and fix his compensation
at a sum not to exceed five hundred dollars, to be paid out of the county treas-
ury. [1889, April 10: 86 v. 231; 84 v.34; 82 v. 216; Rev. Stat. 1880; 69 v. 165,
§1; 70 v. 141, §1; 71 v. 49, §1.]
SEC. 2680. [Appropriation of certain fines in police court to use of
libraries.] All fines and penalties which are assessed and collected by the
police court for offenses and misdemeanors prosecuted in the name of the state,
except a portion thereof equal to the compensation allowed by the county com-
missioners to the judges, clerk and prosecuting attorney of such court, in state
cases, which shall be retained by the clerk, shall be paid by the clerk quarterly
to the trustees of such law library associations mentioned in the next two pre-
ceding sections, except those in cities of the first grade of the first class, tổ be
expended in the purchase of law books and the maintenance of such associa-
tion; but the sums so paid shall not be less than five hundred dollars per an-
num, if there be such an amount. And all justices of the peace of such county,
and all officers of townships, villages and cities therein shall have the same free
use of the books of such library receiving such fines and penalties as the judges.
and county officers; and the trustees of such association shall, on the first
Monday of each year, make a detailed statement to the auditor of the county,
verified by the oath of the treasurer of the association, of the amount of the
fines and penalties so received, and of the money expended by the association.
In cities of the first grade of the first class, all fines and penalties which are or
have been assessed and collected by the police court for offenses prosecuted in
the name of the state, shall be disposed of as directed by sections 1807 and 1812.
of the Revised Statutes of Ohio, and the clerk of the police court, in cities of
1464
§§ 2680a-2680c.
LAW LIBRARIES.
Tit. XII, Div. 8, Ch. 18.
the first grade of the first class, shall be relieved of all responsibility and liabil-
ity for any such fines and penalties assessed and collected that have been or
may be paid over to the county auditor as directed by sections 1807 and 1812 of
the Revised Statutes of Ohio. [91 v. 296; 89 v. 51; 69 v. 165, § 2.]
SEC. 2680a. [Certain fines to use of library in Darke county.] That
in all counties which at the last federal census had a population of not more
than 42,965 nor less than 42,958 in which there is such library association men-
tioned in section 2680, and in which there is no such police court, that all fines
and penalties which are assessed and collected by the common pleas and probate
courts of such counties for offenses and misdemeanors prosecuted in the name
of the state, except a portion thereof equal to the compensation allowed by law
to the prosecuting attorney of the county in state cases, shall be paid quarterly
by the clerk of the court of common pleas and the probate judge respectively,
to the trustees of such law library associations, to be expended in the purchase
of law books and the maintenance of such associations; but the sum so paid
shall not exceed four hundred dollars per annum, and subject in all other re-
spects to the provisions contained in section 2680. [90 v. 312.]
SEC. 2680b. [Same in Butler county.] That in all counties in which
there is such library association mentioned in section 2680, and in which there
is a city of the third grade b of the second class, containing a free library and
in which there is no such police court, that one-half of all fines and penalties
which are assessed and collected by the mayor of said city, prosecuted in the
name of the state or city, shall be paid quarterly by said mayor to the trustees
of such library association, to be expended in the purchase of law books and
the maintenance of such association; and the other half shall be paid quarterly
by said mayor to the trustees of said free library to be expended in like man-
ner, but the sum so paid shall not exceed five hundred dollars per annum, and
should be subject in all other respects to the provisions contained in section.
2680. [91 v. 369; 91 v. 219.]
SEC. 2680c. [Same in Columbiana county.] That in all counties, which,
at the last federal census had a population of not more than fifty-nine thousand
and thirty-five and not less than fifty-nine thousand and twenty-five, in which
there is such a law library association as that mentioned in section 2680, and
in which there is no such police court, fifteen per cent. of all fines and penalties
which are assessed and collected by the common pleas and probate courts of
such counties, for offenses and misdemeanors prosecuted in the name of the
state, except that portion thereof allowed by law to the prosecuting attorney
in such cases, shall be paid quarterly by the clerk of the court of common pleas
and probate judge, of such counties, to the trustees of such law library associa-
tion, to be expended in the purchase of law books and the maintenance of such
associations and such library associations and libraries shall be subject in all
other respects, to the provisions contained in section 2680. [92 v. 430.]
SEC. 2680d. [Same in Washington county.] That in Washington
county in which such library association mentioned in said section 2680 shall
be formed, and in which there is no police court, twenty-five per cent. of all
fines and penalties which are assessed and collected by the common pleas and
probate courts of such counties for offenses and misdemeanors prosecuted in
said courts, less the compensation allowed by law to the prosecuting attorney
of the county in state cases, shall be paid, quarterly, by the clerk of the court
of common pleas and the probate judge respectively, to the trustees of such
library association, and that one-fourth of all fines and penalties which are
assessed and collected by the mayor of the city of Marietta, prosecuted in the
name of the state or said city, shall be paid quarterly by said mayor to the
trustees of such library association, all of said sums so paid shall be expended
in the purchase of law books and the maintenance of such association subject
in all other respects to the provisions of said section 2680. [93 v. 505.]
1465
Tit. XII,Div.9, Ch.1.
FINANCE AND TAXATION.
§ 2681.
NINTH DIVISION: FINANCE AND TAXATION.
CHAPTER 1.
FINANCE AND TAXATION.
CHAPTER 2. THE POWER TO BORROW MONEY AND ISSUE BONDS.
CHAPTER 3. SINKING FUND.
CHAPTER 1.
FINANCE AND TAXATION.
SECTION
2681.
2682.
2683.
Taxation in hamlets.
Rates of taxation in cities and villages for
general purposes.
Levies for special purposes.
2683-1. Municipalities may levy tax to cover defi-
ciencies in expense of water works aud
electric light plants.
SECTION
2690d. No compensation.
2690e. Oath and duties.
2690f. Statement to be furnished by comptroller in
certain cities; estimates, how to be made;
statement, how furnished in other cities.
2690g. Duties of tax commissioners and common council.
2690h. Duty of council in certain cities.
26901. Heads of departments to report estimates.
Certain liabilities not valid
2684.
Construction of limitations.
2685.
Anticipation of tax in certain cases.
2690j.
2686.
Levy after to pay bonds of municipal corpora-
tion.
2690k.
Transfer from contingent to fire fund in Cin-
cinnati.
Levy of a greater tax to be submitted to vote.
Levy of tax for public buildings.
26901.
2687.
2688.
2688-1. Appointment of tax commission in Ports-
mouth.
2688-1a. Appointment by tax commissioner of Ports-
mouth of assessors, board of equalization
and decennial board of equalization.
2688--2. Members; oath; compensation of clerk.
2688-3. Commission to adopt rules.
2688-4. Tax not valid except approved by commis-
sion; levies to be submitted to commis-
sion.
2688-5. Place of meeting.
Dayton tax commission; term; vacancies;
compensation; oath; clerk; record; salary;
duties; expenses.
2690m. Cinciunati board of supervisors.
2690n. Expenses of board and assistants.
26900. Appointments; removals; charges and in-
vestigation.
2690p. No officials to take part in politics; repeals.
2691. Percentage of tax to be certified to county
auditor.
2691-1. Annual appropriations in Cleveland; no
debt unless money set apart.
2691-2. Board of equalization to revise.
2691-3.
Amendments.
Corporation taxes; how collected.
Levy and collection of taxes within the cor-
poration.
Delinquent taxes to be certified to county au-
ditor, etc.
2688-6. Contract not valid, unless; proviso; valid.
2688-7. Duty of prosecuting attorney.
2692.
2689.
Maximum of tax in cities of the first grade,
first class.
2693.
2689a. Maximum of municipal taxes allowable in munici-
palities other than Cincinnati; distribution of
such taxes; surplus in police fund from Dow
tax.
2694.
2695.
Collection of taxes to pay bonds, etc., issued
for public improvements.
2696.
2697.
Collection to pay bonds for sewerage purposes.
Taxes on lands laid off into lots.
2698.
Debts not to exceed taxes, and other revenue.
Restriction on power to create debts.
2689a.(2). Maximum of municipal taxes allowable in
municipalities outside of Cincinnati; dis-
tribution of such taxes; surplus in police
fund from Dow tax.
26396. Additional levy for lighting purposes in Defi-
2689-1.
2690.
ance.
Aggregate of taxes in certain cities.
How claims to be paid.
2690a. Board of tax commissioners for certain cities;
how appointed; vacancy: how filled.
2699.
2699-1. No expense unless money set apart in Cleve-
land and Columbus.
2699-2. No expense beyond appropriation; salaries
to be set aside.
2690c. Approval of levies by tax commissioners of
certain cities; limitation on levy.
2699-3.
2699 -4.
2699-5.
Penalty.
As to revenue from licenses, see ? (2672-1) et seq.
Conviction forfeits office.
Duty of prosecuting attorney.
As to revenue from liquor tax, see ? (4364—9) et seq.
SEC. 2681. [Taxation in hamlets.] The trustees of hamlets shall have
power to levy, annually, upon the taxable property therein, such rate of taxes
1466
§§ 2682-2683.
FINANCE AND TAXATION.
Tit. XII,Div.9,Ch.1.
as may be necessary for the purposes mentioned in chapter one, of division
three, of this title, not exceeding ten mills on the dollar, for all purposes, in
any one year; and the taxes so levied shall be collected in the same manner as
the taxes of other municipal corporations. [66 v. 257, § 639.]
SEC. 2682. [Rates of taxation in cities and villages for general pur-
poses.] The council of a city or village shall have power to levy, annually,
for the general purposes of the corporation, such amount of taxes, on each
dollar of valuation of taxable property in the corporation on the tax list, as
may be determined upon by it, not exceeding the following rates:
In a village, one-half of one mill.
In a city of the first or second grade of the second class, one mill.
In a city of the third grade, or third grade a, or third grade c, or fourth
grade of the second class, two mills.
In a city of the first grade of the first class, four and one-half mills.
In a city of the second grade of the first class, two mills.
In a city of the third grade of the first class, two mills. [93 v. 617; 88 v.
175; 68 v. 133, § 640.]
Last amendment part of act creating new charter for Portsmouth to be submitted to
electors.
This limit still applies to Dayton, ? 1707d-14.
Riverside, village, maximum of tax in 80 v. 203 made obsolete by annexation of the
village to Cincinnati.
SEC. 2683. [Levies for special purposes.] In addition to the taxes
specified in the last section, the council in each city and village may levy taxes,
annually, for any improvement authorized by this title, and for the following
purposes:
1. For the real estate and right of way for any improvement authorized
by this title.
2. For sanitary and street-cleaning purposes, and for street improvements
and repairs. And in cities of the second grade of the first class, such part of
the funds raised for any of these purposes as the council deems necessary shall,
upon the recommendation of the board of improvements, be appropriated
monthly for keeping in repair the paved streets of such cities.
3. For improving highways leading into the corporation.
4. For wharves and landings on navigable lakes and rivers, and keeping
the same in repair.
5. For constructing levees and embankments, and keeping the same in
repair.
6. For constructing and maintaining bridges.
7. For improving any water-course passing through the corporation.
8. For the erection and maintenance of infirmaries, and support of the
out-door poor.
9. For the erection and maintenance of work-houses.
For erecting, enlarging, or improving corporation prisons.
11. For the erection of houses of refuge and correction, and for the expense
of maintaining and administering the same, above the receipts arising from
the labor of persons confined therein, such sum as may be necessary to meet the
same.
12. For the erection and repair of market-houses, and for lighting, watch-
ing, and cleaning the same.
13. For erecting, enlarging, and improving hospitals.
14. For erecting, enlarging, and improving halls and public offices.
15. For the erection of school buildings, and such rate as may be prescribed
by law for schools and school-house purposes.
16. For the erection of buildings required by the fire department, the con-
struction of reservoirs, the purchase of steam or other fire engines, and other
1467
Tit. XII,Div.9,Ch.1.
FINANCE AND TAXATION.
§ 2683.
apparatus, and for keeping the same in repair, and for the support of the fire
department.
17. For erecting, enlarging, and improving water-works, and for supplying
the corporation with water.
18. For erecting, enlarging, and improving gas-works, and for lighting the
corporation.
19. For grounds for cemeteries and park purposes, inclosing, improving,
embellishing, enlarging, and keeping the same in repair.
20. For the construction and repair of sewers, drains, and ditches; and
where the corporation is divided into sewer districts, the levy shall be by such
districts.
21. For the payment of the marshal and police authorized by this title.
22. To pay the interest on the public debt of the corporation, and to pro-
vide a sinking fund therefor, a sum sufficient to satisfy the interest as it accrues
annually, to be applied to no other purpose.
23. For the purpose of keeping up and maintaining a free public library
and reading room; but no tax shall be levied for this purpose unless a suitable
lot and building therefor, supplied with library furniture and fixtures, shall
first be donated or leased to, or rented by the corporation.
The council shall determine the amount to be levied for each of the pur-
poses herein specified, and such part thereof must be placed on the tax-list and
collected annually, as it shall by ordinance prescribe. [68 v. 133, 134, §§ 641,
644.]
This section limited as to Hamilton, see? (2711-5).
For acts authorizing levy of tax to pay bonds issued for sewerage purposes, see various
acts under Municipal Corporations, "Sewers," etc., ? (2406-109) et seq.
For the levying of tax for water-works, etc., see, under Municipal Corporations,
"Water-Works," ? (2435—19) et seq.
Cleveland-new city hall act, (2559-13).
Levy to pay interest and principal of bonds issued to improve parks in Toledo on ac-
count of centennial, ? (2575--33c).
For two acts authorizing cities of the first grade, first class, to issue bonds for the relief
of sufferers by floods therein, see 80 v. 20; 81 v. 16.
For "
an act to authorize the city council of any city of the second grade of the first class
to issue bonds for the improvement of its public parks" 81 v. 42.
For "an act to authorize cities of the first grade of the first class to levy a tax for pest-
house purposes," see 81 v. 135.
For "an act authorizing council of any incorporated village within this state which at
the last federal census had, or at any subsequent federal census may have, a population of
not less than two thousand seven hundred and eighty, nor more than two thousand seven
hundred and eighty-five, to issue bonds for the purpose of meeting and providing for a defi-
ciency in the general funds of such villages 83 v. 142,
""
For "an act to authorize the city council of cities of the second grade of the second class
to levy a tax and issue bonds for the purpose of straightening and protection from overflow
of a water-course therein named 83 v. 239.
For "
an act authorizing the council of incorporated villages in this state to issue bonds
to purchase a suitable site for normal school buildings, [and] to erect and furnish said
buildings, and to levy a tax to pay the same," see 84 v. 63.
For "
an act to authorize the council of cities of the second class, third grade, to issue
bonds for street improvement," see 85 v. 102.
For "an act to authorize cities of the second grade of the second class to pave certain
streets and to provide for the payment of the cost thereof " (85 v. 257), see ? (2293—26) et seq.
For "
an act to authorize villages having a population of four thousand seven hundred
and seventy-seven at the last preceding federal census to issue bonds to improve the streets
and avenues, see 86 v. 146.
??
Wellsville-Additional tax each year to pay street bonds. 91 v. 865.
Cleveland-may issue school building bonds; levy, 93 v. 460.
Trimble-may make street and sidewalk improvements; question submitted, 93 v. 690.
Additional levy by board of education of Archibald village special school district, see
33 v. 442.
Levy for park fund in Dayton, see ? (2515-46) et seq.
Cleveland-may levy tax for contracts to collect, etc., garbage, see ? (1545—886).
1468
§ (2683-1).
FINANCE AND TAXATION.
Massillon-may issue free public library bonds; levy, 93 v. 521.
Cincinnati-may issue bonds to improve streets, 93 v. 687.
Tit. XII,Div.9,Ch.1.
Grand Rapids-may issue town hall township bonds in conjunction with Grand Rapids,
see 93 v. 472.
Cincinnati-may issue bonds to pay for property to be condemned and appropriated
for strect purposes, 93 v. 600.
Cincinnati-may issue bonds to pay for property appropriated to open, etc., streets, 93
v. 657.
Freeport-may make additional levy for electric light purposes, 93 v. 533.
Chillicothe may make additional levy for levee purposes, 93 v. 530.
Massillon-may levy a tax for maintenance of free public libraries, 93 v. 508.
Board of education of Eaton township village school district, Washington, Preble
county, may issue school bonds, 93 v. 449.
Swanton street, pavement and graveling bonds, 93 v. 509.
Cambridge-may issue street improvement bonds, 93 v. 580.
Piqua board of education may issue school building bonds, see 93 v. 443.
Malta street improvement and repair bonds; question submitted to electors, 93 v. 461.
Dayton-may issue storm water sewer bonds; levy, 93 v. 525, ? 2, amended 93 v. 682.
Youngstown-city school district may increase levy to pay off indebtedness and con-
tinue schools, 93 v. 582.
Authorizing payment in Cincinnati of certain claims out of contingent fund, 93 v. 506.
Cambridge may issue trunk sewer, sewer and street improvement bonds; levy there-
for, 93 v. 580.
Niles-may increase levy for school purposes, 93 v. 553.
Under this section a village is authorized to make a levy for bridge purposes: Perry County v. Railroad
Co., 43 O. S. 453.
Cited in Findlay Gaslight Co. v. Findlay, 2 C. C. 237.
See note to Dunham ex rel. v. Opes, 3 C. C. 274, under ? 2686.
(2683-1) SEC. 1. [Municipalities may levy tax to cover deficiencies
in expense of water-works and electric light plants.] When water-works
and electric light plants, or either of them, are owned, run and controlled by
any village, and such village receives its street lighting and fire protection
from such plant or plants and the proceeds derived from the operation of such
plant or plants is found to be insufficient to pay the expenses of running and
conducting such water-works and electric light plants, or either of them, the
council of such village may levy a tax not to exceed five mills on each dollar
valuation of all the taxable property listed for taxation in said village, both
real and personal, to pay a reasonable amount found to be due on the running
expenses and the extensions made to such plant after applying the proceeds
of said plants thereto. And the council of said village is authorized to allow
and to pay such reasonable sum or sums, to the trustees of such plants upon
the presentation to it of a proper bill therefor by the trustees of such plant, to
be drawn, when allowed, out of the village treasury, upon the order of the village
clerk in favor of such trustees, to be by such trustees applied to the expense
of running, operating or making extensions to such plant or plants, but in no
case shall such amount so allowed exceed said five mills levy. [93 v. 223.]
SEC. 2684. [Construction of limitations.] The limitations contained
in section twenty-six hundred and eighty-two shall not be construed to prohibit
special assessments for improvements provided for by this title, nor the levy of
a tax to raise means for the payment of the principal and interest of the debts
of the corporation, nor of any tax authorized by law for special purposes.
[66 v. 258, § 642.]
SEC. 2685. [Anticipation of tax in certain cases.] The council may
anticipate the tax authorized to be levied for sanitary and street-cleaning pur-
poses, by temporary loans; but no loan shall be made in excess of the gross
amount of revenues raised by taxation for expenditures for such purposes dur-
ing the then current year, except in cases of extraordinary emergency caused
by the general prevalence of an epidemic: and money so borrowed, when paid
into the treasury, shall be applied first in payment of such loan. [73 v. 125,
§ 643.]
This section limited as to Hamilton, see ? (2711-5).
1469
Tit. XII,Div.9, Ch.1.
FINANCE AND TAXATION.
§ 2686.
For an act to anticipate levies or issue bonds in case of epidemic, which act expired
by its own limitation on January 1, 1894, see 90 v. 307.
See case of Dunham ex rel. v. Opes, 3 C. C. 274, in note to ¿ 2686.
SEC. 2686. [Levy after to pay bonds of municipal corporation.] When
the bonds of the corporation have been issued in anticipation of a tax provided
for in section twenty-six hundred and eighty-three, the same tax may be levied to
raise means for the payment thereof as is authorized for the purpose for which
they were issued. (66 v. 259, § 645.) [1880, March 9: 77 v. 42, 43; Rev. Stat.
1880.]
This section does not authorize council to issue bonds, but refers to cases where bonds have already been
issued under the provisions of some other section. The only sections under which council, of its own motion,
can issue bonds are 22 2685, 2700, 2701, 2704, and 2705. See this case for statement of facts held not to be within
the provisions of any of the above-named sections, but which were provided for under 22 2835, 2836, and 2837:
Dunham ex rel. v. Opes, 3 C. C. 274.
SEC. 2687. [Levy of a greater tax to be submitted to vote.] A greater
tax than that authorized by this chapter may be levied for either of the pur-
poses mentioned therein, if the proposition to make such levy shall have been.
first submitted to a vote of the electors of the corporation under an ordinance
prescribing the time, place, and manner of voting on the same, and approved
by a majority of those voting on the proposition. [66 v. 259, § 646.]
Cited in Findlay Gaslight Co. v. Findlay, 2 C. C. 237.
See note to Dunham ex rel. v. Opes, 3 C. C. 274, under 2 2686.
SEC. 2688. [Levy of tax for public buildings.] When it becomes neces-
sary for a city to provide grounds, and erect thereon a court-house, jail, or
public offices, for the use of the county, or to contribute to either purpose, the
council may levy a tax therefor of one mill upon the taxable property of the
corporation; but such tax shall not be levied until the same is approved by a
majority of the electors of the corporation, in the manner pointed out in the
preceding section. [66 v. 259, § 647.]
(2688-1) SEC. 1. [Appointment of tax commission for Portsmouth
and Scioto county.] That in counties containing cities of the third grade c,
second class, there shall be appointed and organized as hereinafter provided, a
tax commission for such county and city situate therein, consisting of three
members, who shall be appointed by the court of common pleas, within and
for such county, or a resident judge thereof in vacation, in the manner follow-
ing, to wit: At the April term of said court, A. D. 1885, unless sooner ap-
pointed, said court shall appoint one member of said tax commission to serve
for the term of one year, one member to serve for the term of two years, and
one member to serve for the term of three years, and their successors from
year to year shall be appointed for the full term of three years by said court
at the term thereof within said county next preceding the first Monday of
May in each year. A minute of said appointment shall be kept by the clerk
of said court, and a notice thereof shall issue to the sheriff of said county, who
shall forthwith serve the same on each person so appointed. Said sheriff shall
be allowed out of the county treasury, upon the approval of the court of com-
mon pleas, the same compensation for serving the members of said commission
as is allowed by law for the service of subpoenas. No person holding any
other public office within and for said county and city, shall be eligible to serve
as a member of said commission, and such appointment shall be so distributed
that each political party shall be represented in said commission as nearly as
may be in proportion to its average vote, but nothing herein shall prevent the
appointment of persons who act independent of political organizations, the
object of this provision being to make and continue said commission non-par-
tisan in its political character. [93 v. 621; 82 v. 224.]
Last amendment part of act creating new charter for Portsmouth to be submitted to
electors.
(2688-1a) SEC. 1a. [Appointment by tax commission of assessor.] (1)
The tax commission, as provided in section 1718c of the Revised Statutes,
1470
$(2688-2).
FINANCE AND TAXATION.
Tit. XII,Div.9,Ch.1.
shall, in the month of April of each year, appoint an assessor for each ward
in such city.
(2) [Appointment of board of equalization.] The tax commission shall
appoint the board of equalization in such city, as provided in section 2805 of
the Revised Statutes, and the present board of equalization shall be, and the
same is hereby abolished.
(3) [Appointment of decennial board of equalization.] The tax com-
mission shall appoint the decennial board of equalization in such city as pro-
vided by section 2805 of the Revised Statutes.
Last amendment part of new charter for Portsmouth, to be submitted to electors.
(2688-2) SEC. 2. [Members; oath; compensation of clerk.] Each
member, before entering upon the discharge of the duties of his said office,
shall take and subscribe an oath, that he will honestly and faithfully discharge
the duties of said office without regard to personal or political gain or advan-
tage, but with reference alone to the public service. The term of office of the
members of said commission shall commence on the third Monday of May,
upon which day, in the year 1885, said commission shall meet and organize;
the member having the shortest term to serve shall be president, and in his
absence, or on vacating the chair, the member present having the next shortest
term shall act as president pro tem. The auditor of said county shall be ex-officio
clerk of said commission, and he shall keep a journal of the proceedings of
said commission; his entries therein shall be read and approved by the com-
mission and signed by the president, or in his absence by the president pro tem.,
and countersigned by said clerk, and thereupon said journal and all transcripts
therefrom, duly certified by said clerk, shall be taken as evidence in any of the
courts of this state. Said members shall receive no compensation for their
services; a reasonable allowance shall be made to said clerk for his services, as
such, not exceeding twenty dollars in any one month. [82 v. 224.]
(2688-3) SEC. 3. [Commission to adopt rules.] Said commission
shall adopt rules and regulations for the transaction of its business in accord-
ance with general parliamentary usage, shall hold meetings as often as once in
each month, and a meeting may be called by the president or clerk whenever
matters submitted to said board require immediate action. [82 v. 224.]
(2688—4) SEC. 4. [Tax not valid except approved by commission ;
levies to be submitted to commission.] No tax shall be levied upon the prop-
erty within said county, by the county commissioners thereof, or upon the
property of any city, township or school district within said county by any
board or authority authorized by law to levy taxes, until approved by the said
tax commission. All levies so proposed to be made by the said authorities, shall
be submitted to said commission on or before the second Monday of June in
each year, and said board shall carefully examine the same, and said levies
shall be returned within ten days from this [their] receipt by said commission to
the auditor of said county, with the approval, revision or rejection of the same,
and if not returned within ten days, the levies originally made shall be valid
and in force. On or before the third Monday of May in each year, the com-
missioners of said county as commissioners and as turnpike directors, the city
council of the city within said county, and the board of education of said city,
and of said school districts, shall cause to be filed in the office of the auditor of
said county an itemized statement of the expenditures of such board or organi-
zation for the preceding year, and also a detailed estimate of the amount
necessary to be expended during the ensuing year (commencing March 1st),
stating the object and necessities of such estimated expenditures; and said
auditor shall, from such reports and from the records of his office, make out
and file with said commission a detailed statement of the expenditures of said
several boards of said county or city or other authority authorized to expend
money in said county or city as aforesaid for the preceding year. and a detailed
1471
Tit.XII,Div.9,Ch.1.
FINANCE AND TAXATION.
$(2688-5).
statement of all estimated expenditures for the ensuing year, with the objects
and necessities of such estimated expenditures reported to him, and such sug-
gestions in regard thereto as said county commissioners or said auditor may
desire to add. [82 v. 224.]
(2688-5) SEC. 5. [Place of meeting.] The members of said tax
commission shall hold their meetings in the auditor's office of said county, and
their reasonable expenses shall be paid, and stationery furnished as for other
officers of said county. When any vacancy in said tax commission shall occur
in any manner other than the expiration of a term of office, the president of
said commission shall give notice of said vacancy to the probate judge of said
county, who shall thereupon fill said vacancy for said unexpired term, by
appointment in the manner provided in section one [$(2688-1)] of this act.
It shall require a majority of the said commission to approve, revise, or reject.
any tax levy, or to approve the anticipation of taxes. [82 v. 224.]
(2688-6) SEC. 6. [Contract not valid, unless; proviso; valid
against makers.] No contract shall be entered into or any liability created
by said county commissioners, or turnpike directors, city council or other board
or organization in said city, or by any township or school board, beyond the
amount of money of [in] the treasury of said organizations or boards set apart to
meet such liability, or to pay for said contract. Provided, that for the period of
three years after the passage of this act, it shall be lawful for the county com-
missioners to anticipate, in case of emergency, by and with the consent of the
tax commission, taxes levied by said county commissioners; but said anticipa-
tion shall in no case exceed fifty per cent. of the amount raised by taxation
semi-annually. Any contract or obligation entered into contrary to the provi-
sions of this section shall be void as against the board or organization in whose
name it is made, but shall be binding on the persons making it. [82 v. 224.]
(2688-7) SEC. 7. [Duty of prosecuting attorney.] Whenever in-
formation on oath has been filed in the court of common pleas of said county
that any contract has been made in violation thereof, it shall be the duty of
the prosecuting attorney of said county, under instructions of the judge of
said court, to institute suit in the name of the state of Ohio, in the court of
common pleas of said county, for the recovery of the amount of said liabil-
ity or contract, against the person or persons belonging to the board or organi-
zation making said contract or liability. And the amount so recovered shall
be placed to the credit of the board or organization for whom the suit is brought.
[82 v. 224.]
SEC. 2689. [Maximum tax in cities of the first grade, first class.]
The aggregate of all taxes levied or ordered to be put upon the grand duplicate
above the tax for county and state purposes, including the levy for general
purposes, and the tax for schools and school house purposes, and for hospital
purposes, and other special purposes, in cities of the first grade of the first
class, shall not exceed in any one year thirteen mills on each dollar of the
value of any property as valued for taxation on the county tax list, and such
further rate as may be certified by the trustees of the sinking fund pursuant to
section two thousand seven hundred and twenty-one a [sec. 2721a]. [93 v.
258; 80 v. 124, 128; 78 v. 151; 77 v. 88; Rev. Stat. 1880; 74 v. 112, § 648.]
See ? 2293.
Taxes raised by general levy for the improvement of streets, are included in the aggregate amount of
taxes, to the levying of which corporations are restricted by this section: State v. Strader. 25 Õ. S. 527.
Taxes levied by the city of Cincinnati for payment of interest on Southern railroad bonds issued by the
city, are included in the aggregate of sixteen mills on the dollar, to which cities of her class are limited by
this section of the Code: and a levy by the city, in any one year, of an aggregate amount greater than sixteen
mills on the dollar, including such tax for interest, and excluding state, county, school, and school-house
taxes, is unauthorized by law: State v. Humphreys, 25 O. S. 520.
It is the duty of the Cincinnati board of education each year to make an estimate of the amount of taxes
which, in the opinion of the board, will be necessary for school purposes; but the estimate may be reduced
1472
→
$268 a.
FINANCE AND TAXATION. Tit. XII,
Tit. XII, Div.9, Ch. 1.
in the manner provided in 22690i; and aside from taxes for state, county, and Cincinnati Southern railway
purposes, the rate for all purposes, including schools, can not exceed sixteen mills in any year: State v. Brew
ster, 39 O. S. 657, 658.
A city levied the full amount allowed by law, then levied an additional amount by another ordinance
The additional levy, though void, does not affect the first: Cummings v. Fitch, 40 O. S. 56.
Where a village which had issued bonds for street improvements had been annexed to a city, and the
city levied a tax to pay the same on the territory formerly embraced by the village, it was held that this levy
must be considered as part of the eleven mills which the city was allowed to levy in the aggregate: City of
Cleveland v. Heisley, 41 O. S. 670.
See note to City of Cleveland v. Heisley, 41 O. S. 670, under 2 2263.
The maximum total rate includes levy by board of education for schools: State ex rel. McCarthy v. Brew-
ster (Ham. Dist. Court), 12 W. L. B. 223.
See note to Dunham ex rel. v. Opes, 3 C. C. 274, under 2 2686.
SEC. 2689a. [Maximum of municipal taxes allowable in municipalities
other than Cincinnati.] The aggregate of all taxes levied or ordered by any
other municipal corporation than cities of the first grade of the first class, in-
cluding the levy for general purposes above the tax for the county and state
purposes, and excluding the tax for school and school-house purposes, and in
villages of the first class any tax levied for the creation of a library fund as
provided in an act passed March 15, 1892, entitled "An act to provide for the
creation of library boards for certain cities and villages, and prescribing the
duties of such boards," shall not exceed in any one year, in cities of the second
grade of the first class, nine and three-tenth mills; and for paving streets, seven-
tenths of one mill; and for park purposes five-tenths of one mill; and for
sewer purposes three mills; and for garbage disposal purposes, five-tenths of one
mill; and such further rates as may be necessary to pay the interest on the
public debt, and to create a sinking fund as provided in section two thousand
seven hundred and twelve; in cities of the third grade of the first class, six-
teen mills; provided, however, that out of the proceeds of such levy the inter-
est on the indebtedness of such corporation shall first be paid; and annually
not less than two (2) mills of the remainder shall be levied for sinking fund
purposes; in cities of the first and second grades of the second class, eight mills,
and in addition thereto, such further ra te not exceeding five-eights of one mill,
as may be necessary to create a sinking fund for the payment of the principal
and interest of the bonds of such cities that may hereafter be issued for the
purpose of building and maintaining main trunk sewers in said cities; in cities
of the third [grade] of the second class ten, and in cities of the third grade a
of the second class ten mills; provided that in cities of the third grade of the
second class, which by the federal census of 1880 had a population exceeding
(15,800) fifteen thousand eight hundred, such cities, for the purpose of con-
structing wharves and landings and keeping the same in repair, are authorized
to levy such further sum, not exceeding eighteen mills in all, as may be neces-
sary to provide a fund for the construction and keeping in repair of such
wharves and landings; in cities of the fourth grade of the second class, nine
mills; in villages of the first class eight mills, and in all other villages ten mills
on each dollar of the value of any property as valued for taxation on the
county tax-list; provided, however, that in all cities of the fourth grade of the
second class, such further rate may [be] levied in addition to the foregoing
limitation as will enable the cities to comply with any contract entered into
by such cities or any of them, under the provisions of section two thousand
four hundred and thirty-four, as amended January 29, 1885 (O. L., vol. 82,
page 11);
[Distribution of such taxes.] And also provided that the councils of the
municipalities mentioned in this section shall, annually at the time the rate
of levy is fixed, provide by ordinance for the distribution of the tax among
the several departments of the corporation in such proportion to their needs as
the council may deem necessary; and at no time thereafter shall the amounts
specified as necessary for the purposes named, be changed and all transfers of
funds from one account to another are hereby expressly prohibited ;
1473
•
Tit. XII,Div.9,Ch.1.
FINANCE AND TAXATION.
§ 2689a (2).
[Surplus in police fund from Dow tax.] Provided, however, that nothing
in this section shall be construed or considered as prohibiting the council of
any incorporated village from transferring by resolution or ordinance, any sur-
plus or part of surplus now or hereafter existing in the police fund of such vil-
lage, arising from the special tax known as the Dow law tax, to any other fund
or funds of the same, for the uses for which such other fund or funds are estab-
lished. [93 v. 195; 92 v. 312; 91 v. 389; 90 v. 318; 89 v; 274; 88 v. 482; 88
v. 175; 87 v. 184; 85 v. 150; 83 v. 147; 80 v. 124, 128.]
The next section, which is part of act creating the new charter for Portsmouth, and
to be submitted to electors, was enacted on the same day as the last amendment of 2689a.
In order to avoid any doubt as to which shall take precedence, both are inserted.
SEC. 2689a(2). [Maximum of municipal taxes allowable in munici-
palities other than Cincinnati; distribution of such taxes; surplus in
police fund from Dow tax.] The aggregate of all taxes levied or ordered by
any other municipal corporation than cities of the first grade of the first class,
including the levy for general purposes above the tax for the county and state
purposes, and excluding the tax for school and school-house purposes, shall not
exceed in any one year, in cities of the second grade of the first class, nine and
three-tenths mills; for paving streets, seven-tenths of one mill; for park pur-
poses, five-tenths of one mill; for sewer purposes, three mills; and such fur-
ther rates as may be necessary to pay the interest on the public debt, and to
create a sinking fund as provided in section two thousand seven hundred and
twelve; in cities of the third grade of the first class, sixteen mills; provided,
however, that out of the proceeds of such levy the interest on the indebtedness
of such corporations shall first be paid; and annually not less than two (2)
mills of the remainder shall be levied for sinking fund purposes; in cities of
the first and second grades of the second class, eight mills, and in addition
thereto, such further rates not exceeding five-eighths of one mill, as may be nec-
essary to create a sinking fund for the payment of the principal and interest
of the bonds of such cities that may hereafter be issued for the purpose of
building and maintaining main trunk sewers in said cities; in cities of the
third grade of the second class, and third grade c of the second class, thirteen,
and in cities of the third grade a of the second class, ten mills; provided that
in cities of the third grade of the second class, which by the federal census of
1880 had a population exceeding (15,800) fifteen thousand eight hundred, such
cities for the purpose of constructing wharfs and landings, and keeping the
same in repair, are authorized to levy such further sum, not exceeding eight-
een mills in all, as may be necessary to provide a fund for the construction
and keeping in repair of such wharfs and landings; in cities of the fourth
grade of the second class, nine mills; in villages of the first class, eight mills;
and in all other villages ten mills on each dollar of the value of any property
as valued for taxation on the county tax list; provided, however, that in all
cities of the fourth grade of the second class, such further rate may be levied
in addition to the foregoing limitation as will enable the cities to comply with
any contract entered into by such cities or any of them, under the provisions;
of section two thousand four hundred and thirty-four, as amended January
29, 1885 (O. L. vol. 82, p. 11); and also provided, that the councils of the
municipalities mentioned in this section shall, annually at the time the rate
of levy is fixed, provide by ordinance for the distribution of the tax among
the several departments of the corporation in such proportion to their needs
as the council may deem necessary; and that at no time thereafter shall the
amounts specified as necessary for the purposes named, be changed, and all
transfers of funds from one account to another are hereby expressly prohib-
ited; provided however, that nothing in this section shall be construed or
94
1474
§§ 26896-2690a.
FINANCE AND TAXATION. Tit. XII,Div.9, Ch.1.
considered as prohibiting the council of any incorporated village from trans
ferring by resolution or ordinance, any surplus or part of surplus now or here-
after existing in the police fund of such village, arising from the special tax
known as the Dow law tax, to any other fund or funds of the same, for the
uses for which such other fund or funds are established. [93 v. 617.]
See note to 22689a.
Part of new charter for Portsmouth to be submitted to electors.
SEC. 2689b. [Additional levy for lighting purposes in Defiance.] That
in all cities of the fourth grade of the second class, which on the first day of
July, A. D. 1890, had, and those which on the same day in any year, when
ascertained in the way mentioned in section 1547 of said Revised Statutes,
have more than seven thousand six hundred and ninety (7,690), and less than
eight thousand two hundred (8,200), inhabitants, the council thereof, may levy
or order, in the manner provided in this chapter, in addition to the maximum
amount authorized by section 2689a of said Revised Statutes, such other and
further additional sum, not to exceed three mills, as may be necessary, for the
purpose of lighting the streets, and corporate buildings, of said cities. [91 v.
337.]
(2689-1) [Aggregate of taxes in Springfield.] In any city of the
second-class in this state, which by the federal census of 1880 had, or by
any succeeding federal census, shall have a population of twenty thousand
seven hundred and twenty-nine, the aggregate of all taxes levied by such
municipal corporation, including the levy for general purposes, above the tax
for county, state and water-works purposes, and excluding the tax for schools
and school-house purposes, shall not exceed in any one year nine and five-tenths
mills. [78 v. 128.]
The city council of Toledo, having power to levy not to exceed fifteen mills on the dollar for all munici-
pal purposes, passed an ordinance, on June 1st, levying ten and five-tenths mills. On June 8th, having no
longer power to levy exceeding four and one-half mills, it passed another ordinance levying sixteen mills
additional: Held, the second ordinance was entirely void: Cummings v. Fitch, 40 O. S. 56.
SEC. 2690. [How claims to be paid.] No claim against a municipal
corporation shall be paid by the treasurer except upon the warrant of the
auditor, and in all municipal corporations where there is no auditor, on the
warrant of the clerk; and all boards of trustees, directors, or commissioners,
having charge of the expenditure of city funds, shall certify claims against
their respective departments to the auditor for payment: provided, that in
cities of the third grade of the first class, the auditor, under such rules and
regulations as may be adopted by the council, may draw his warrant on the
treasurer in his own favor, for the aggregate amounts due employes of the city
in the various departments, and disburse the money received upon such war-
rant to pay the claims of the employes on pay-rolls, taking receipts therefor;
and it shall be the duty of the auditor, in addition to his other duties, to keep
accurate and detailed accounts of the receipts and expenditures of the city in
all its departments, and for all purposes. [74 v. 112, § 648.]
Any officer who may lawfully allow a claim against a municipal corporation, upon the authority of which
allowance the comptroller may issue his warrant upon the treasurer, is an accounting officer within the mean-
ing of 7075: Hauck v. State, 45 O. S. 439.
Section 2690 was not intended to relate to waterworks funds. State ex rel, v. Griffin, 4 C. C. 156, 159.
SEC. 2690a. [Board of tax commissioners for certain cities: how ap-
pointed; vacancy: how filled.] In each city of the first, second and third
grades of the first class, and in cities of the second class first grade, and third
grade a, and in cities having a population of twenty thousand, and not more
than thirty thousand, and in cities having a population of fifteen thousand
four hundred and thirty-five, by the last federal census, there shall be a board
of tax commissioners to consist of the mayor, the city comptroller, or city
auditor, and if they have neither city comptroller [n]or city auditor, then the
1475
Tit. XII,Div.9,Ch.1.
FINANCE AND TAXATION.
§§ 2690c-2690f.
city solicitor, and three citizens of such city to be appointed by the superior
court of such city, or, if there be no superior court in such city, the court of
common pleas of the county in which such city is situated, and which three
citizens last mentioned shall be appointed, one for three years, one for two
years, and one for one year, and their successors shall be appointed for three
years from the expiration of their respective terms. In case of any vacancy by
the death, resignation, removal from such city or otherwise of either such
citizen commissioners, the same shall be filled for the residue of his term by
appointment of said court. [88 v. 176; 80 v. 124, 125.]
But as to Cincinnati, see ? (2690m) et seq.
To appoint board of hospital trustees for Springfield, see ? (2167—8).
To appoint board of park commissioners, (2515-37) et seq.
Appointing power in court noticed: State v. Cincinnati, 52 O. S. 419, 452.
There does not appear to be any
2690b.
Section valid, in so far as applying to properly classified cities, even if void as to those not within a per-
missible classification: State v. Brewster, 39 O. S. 653; State v. Baker, 55 O. S. 1, 13.
This act is valid: State v. Brewster, 39 O. S. 653; State v. Baker, 55 O. S. 1, 13.
SEC. 2690c. [Approval of levies by tax commissioners of certain
cities; limitation on levy.] No tax shall be levied upon the property of any
such city, by the council thereof, or any other authority therein, except by the
boards of education in cities of the first grade of the first class, and in cities of
the third grade of the first class, for school and educational purposes, until ap-
proved by the board of tax commissioners aforesaid. Provided that in cities of
the third grade of the first class boards of education shall not levy in excess of
seven (7) mills upon the dollar of the taxable property thereof, in any one year.
[93 v. 409; 83 v. 47; 81 v. 177; 80 v. 124, 125.]
SEC. 2690d. [No compensation.] The members of said board of tax
commissioners shall not receive any compensation for their services. [1883,
April 16: 80 v. 124, 125.]
SEC. 2690e. [Oath and duties.] The members of said boards of tax
commissioners shall each take an oath to support the constitution of the United
States and of the state of Ohio, and to faithfully and honestly perform his duties
as such tax commissioner. Each of said boards shall organize by appointing
one of its members, president, another vice-president; a majority of the mem-
bers thereof shall constitute a quorum for the transaction of business. The
board shall keep a full record of all its proceedings, and the city clerk shall be
the clerk of said board, and enter in a book to be provided by the city for that
purpose, a full and detailed statement of all its proceedings, which shall be
signed by the president or vice-president and said clerk. [1883, April 16:
80 v. 124, 125.]
SEC. 2690f. [Statement to be furnished by comptroller in certain
cities; estimates: how to be made; statement: how furnished in other
cities. In all cities of the first grade of the first class, the city comptroller
shall furnish to the two boards of the common council and to the board of tax
commissioners, respectively, and to each member of said bodies, on or before
the first Monday of April in each year, the following statements, which he
shall have printed in such manner as said board of tax commissioners may
direct:
1. A statement showing the balance standing to the credit or debit of the
several funds on the city balance-sheet at the end of the last fiscal year imme-
diately preceding said first Monday of April.
2. A statement showing the monthly expenditure out of each fund in the
twelve months, and the monthly expenditure out of all the funds in the twelve
months of the fiscal year immediately preceding said first Monday in April.
3. A statement showing the annual expenditure from each fund for each
year for the five fiscal years preceding said day.
4. A statement showing the monthly average of such expenditure from
1476
§§ 2690g-2690h.
FINANCE AND TAXATION.
Tit. XII,Div.9,Ch.1.
each of the several funds for the preceding fiscal year, and also the total
monthly average from all of them for the five preceding fiscal years.
5. A statement containing an approximate and detailed estimate of the
money needed to pay all lawful expenses of the city and its several depart-
ments, offices and institutions for each of the twelve months following of the
current and succeeding fiscal year, and in calculating the amount of money
needed, he shall take into account the money then in the treasury, as well as
that collectible in June following, and also the probable proceeds from the tax
levy of that year as he shall estimate the same, as hereafter required, and all
other sources of revenue to the city. He shall be equally careful to avoid sur-
pluses and deficits, and shall treat as means available for current expenses the
June and December collections, as soon as under the laws and usages he has a
right to presume them to be in the treasury, without waiting for their subse-
quent distribution to the respective funds.
6. A statement estimating the total percentage he deems necessary to be
levied in that year, so as to provide sufficient means for paying city expenses
for the fiscal periods named for statement number five, and he shall also report
in said statements, to what funds and in what proportions said total levy should,
in his opinion, be apportioned as special levies. And in all other cities having
a board of tax commissioners in pursuance of this act, said board is hereby
authorized to call upon any city officer or board for such information as it may
deem necessary to the discharge of its duties, and it is hereby made the duty of
such officer or board to furnish such information so required. [1883, April 16:
80 v. 124, 125.]
Comptroller's statement of infirmary debts, see ? (2180—1).
SEC. 2690g. [Duties of tax commissioners and common council.] In
all cities of the first grade of the first class, the several members of said board
of tax commissioners and of the boards of the common council shall examine
and revise said statements carefully, and after the common council shall have
determined the percentage to be levied for the several purposes allowed by law
upon the real and personal property in the corporation returned on the grand
levy, the same shall be forthwith submitted to said board of tax commissioners,
who shall thereupon consider the same, and within ten days after such sub-
mission shall return the same to the common council with their approval or
rejection; in case of rejection, giving their reasons therefor. They may approve
or reject any part or parts thereof, and the parts rejected by said board shall
not become valid levies. If the board of tax commissioners approve said levies,
or if they neglect to return the same with their approval or rejection within ten
days, as aforesaid, the same shall be valid and legal. [1883, April 16: 80 v.
124, 126.]
SEC. 2690h. [Duty of council in Cincinnati.] In all cities of the first
grade of the first class, the board of legislation shall make, by the first week of
each fiscal half year, detailed and specific appropriations for the several objects
for which the city has to provide, apportioned to each month, of the moneys
known to be in the treasury, or estimated to come into it during the six
months next ensuing, including in their estimate the next semi-annual De-
cember collection of taxes and all other sources of revenue, and be careful to
provide in their appropriations for every legitimate city expenditure, and to
apportion the means fairly and legally among such expenditures; and their
action thereon they shall transmit to the board of supervisors for approval,
amendment or rejection as they may determine. All expenditures within the
following six months shall be made in accordance with and within said appro-
priations. Balances thereof, or credits remaining over at the end of the year,
shall then no longer be open for payment therefrom, and shall be recredited to
the funds from which they were taken; but in making the semi-annual appro-
.
1477
Tit. XII,Div.9, Ch.1. FINANCE AND TAXATION.
§§ 2690i-2690k.
priation and apportionment hereby required it shall be the duty of the board
of legislation to deduct and set apart, out of the fund for general purposes, the
sum of twenty-five thousand dollars as a contingent fund to provide for any
deficiency in either of the detailed and specific appropriations so to be made
which may lawfully and by any unforeseen emergency happen, which contin-
gent fund and any part thereof may be expended for any such emergency only
by an ordinance first recommended by the board of administration, passed by
the votes of two-thirds of all the members of the board of legislation and ap-
proved by the mayor, or in case of his disapproval, upon its passage over his
veto, in the manner provided by law. [92 v. 42; 91 v. 48; 80 v. 124, 127.]
As to Cincinnati infirmary debts, see ? (2180—1).
Section 2690h, i, j, not to apply to Cincinnati waterworks commissioners, ? (2435-18).
The tax commission's change or addition in any of the funds must be resubmitted to council, Ampt v.
Cincinnati, 4 C. C. 253. As this tatute stood prior to 1891, the approval of the mayor was essential to an
appropriation from he on.ingent fund, and a passing of it over his veto was not an equivalent, but this
was repealed by imp.ication by the act of March 26, 1891, being 2 1655a, and a passage over the veto allowed,
State v. Brown, 8 C. C. 103; 1 O. D. 360.
A contemplated improvement deferred for want of funds, is not an "unforeseen emergency ": Ampt v.
Cincinnati, 3 O. D. 62; 1 N. P. 379.
A "detailed and specific" appropriation, requires at least a division so far as to classify the expendi-
tures;
it is not sufficient to state a lump sum, thus: $875,000 for water-works department, or $63.000 for trunk-
sewer fund: Ampt v. Cincinnati, 5 N. P. 98.
SEC. 26901. [Heads of departments to report estimates.] In all cities
of the first grade of the first class, to enable the city comptroller and the boards
aforesaid, to estimate correctly the levies and appropriations aforesaid, the
authorities of all the city institutions, except boards of education, as well as
every head of a department or office in the city, for whose wants provision is
to be made, including the trustees of the commercial hospital, shall report to
the comptroller, on or before the first Monday in March in each year, the
amount of money needed for their respective wants for the ensuing year; said
estimate to be given for each month. The comptroller, as well as the boards of
tax commissioners and common councils shall revise them, and if deemed
proper, shall reduce them so as to prevent unnecessary expenditure, and to
bring them within fair limits to the other expenditures required by the city.
[1884, April 14: 81 v. 177; 80 v. 124, 127.]
Infirmary directors report for unpaid supplies, see ? (2180—1).
The act of April 16, 1883 (80 v. 124), makes it the duty of the board of education of the Cincinnati school
district to estimate, each year, the amount of taxes which, in the opinion of the board, should be assessed
for school purposes; but the estimate so made is not final, the same being subject to review and reduction, as
provided in 2690i: State v. Brewster, 39 O. S. 654.
SEC. 2690j. [Certain liabilities not valid.] No liability whatever shall
be created against any city of the first grade of the first class, and no expendi-
tures shall be made for the same, except for school and educational purposes as
provided for by the boards of education therein, unless it be previously covered
by an appropriation sanctioned both by the board of supervisors and board of
legislation and common council as above provided, except from the contingent
fund of twenty-five thousand dollars herein provided for; and any taxes levied
for any purpose whatever, except for schools and educational purposes, as pro-
vided for by the boards of education therein in such city without the concur-
rence of the board of supervisors and board of legislation, as herein provided,
shall be void; and all laws and parts of laws conflicting with the provisions of
this act are hereby repealed. Any attempt to create a liability against any
such city contrary to the provisions of this act shall be null and void. [92 v.
43; 81 v. 177; 80 v. 124, 127.]
See note to Doll v. State, 45 O. S. 445, under 2 6969.
SEC. 2690k. [Transfer from contingent to fire fund in Cincinnati.] In
all cities of the first grade of the first class the council thereof may, by ordi-
nance passed by the votes of two-thirds of all the members thereof, and ap-
proved by the mayor of any such city, appropriate from the contingent fund
1478
S$ 26901-2690m.
FINANCE AND TAXATION.
Tit.XII,Div.9,Ch.1.
provided for in section 2690h, not to exceed one-half of said fund, or $25,000,
and transfer the same to the credit of the fire commission fund of any such
city, when the levy of taxes for the fire commission fund is insufficient to
meet the requirements of the fire department of any such city. [88 v. 38.]
SEC. 26901. [Dayton tax commissioners; term; vacancies; compen-
sation; oath; clerk; record; salary; duties; expenses.] In cities of the:
second grade of the second class there shall be a board of tax commissioners,
consisting of six members, electors of such city, who shall be appointed by the
judge or judges of the circuit court of the circuit of the state in which any such
city may be situated, who may reside in such city, and if there be no such res-
ident judge or judges, then such board shall be appointed by the judges of said
circuit court of the circuit in which any such city may be situated. The mem-
bers of said board of tax commissioners shall be well known for their intelli-
gence and integrity, not more than three of whom shall be of the same politi-
cal party; two of whom of different political parties shall be designated in
their appointment to serve for one year; two others, also of different political
parties, shall be designated in their appointment to serve two years; and the
remaining two, also of different political parties, shall be designated in their
appointment to serve for three years; and thereafter, at the expiration of such
terms, the mayor of such city shall appoint two members of said board, of dif
ferent political parties, to serve for three years; and all vacancies therein by
death, resignation, removal or otherwise, shall be filled by the mayor of such
city as aforesaid, for the unexpired term, and all vacancies shall be filled so
that not more than three of the members of the said board shall be of the same
political party. The members of said board of tax commissioners shall not re-
ceive any compensation for their services, and before entering upon their du-
ties shall take and subscribe to an oath to support the constitution of the Uni-
ted States, and of the state of Ohio, to obey the laws, and in all their official
appointments and actions to aim only to secure an honest and efficient man-
agement of the business and affairs of the city, free from partisan dictation and
control. Said board shall have power to employ and fix the salary of a clerk,
who shall keep a record of their proceedings and do such other work as the
board may direct. The board of city affairs shall provide for payment of the
same and for such other reasonable expenses as the board of tax commissioners
in the discharge of its duties shall make. The said board shall have all the
powers and perform all the duties heretofore conferred by law upon boards of
tax commissioners in cities of the second class, first grade. The appointment
of said board of tax commissioners by the judge or judges of the circuit court
as herein provided shall be evidenced by an order entered upon the journal of
said court whether in term time or vacation. [89 v. 111.]
SEC. 2690m. [Cincinnati board of supervisors.] In cities of the first
grade of the first class there shall be a board of supervisors consisting of six
members, electors of such city, to be appointed by the mayor of such cities.
The mayor of any such city shall appoint as members of said board six citi-
zens, electors of said city, well known for their intelligence and integrity, not
more than three of whom shall be of the same political party; two of whom,
of different political parties, shall be designated in their appointment to serve
for one year; two others, also of different political parties, shall be designated
in their appointment to serve for two years; and the remaining two, also of
different political parties, shall be designated in their appointment to serve for
three years; and thereafter at the expiration of such terms, the mayor of such
city shall appoint two members of said board, of different political parties, to
serve for three years. For neglect of duty or misconduct in office, the mayor
of such city may remove any member of said board; and all vacancies therein
by death, resignation, removal, or otherwise, shall be filled by the mayor of
1479
Tit. XII,Div.9,Ch.1.
FINANCE AND TAXATION.
S$ 2690n-26900.
such city for the unexpired term; and all vacancies shall be so filled that no
more than three of the members of the said board shall be of the same political
party. The members of said board, before entering upon their said duties,
shall take and subscribe to an oath, to be filed and kept by the mayor of such
city making the appointments, to support the constitution of the United
States and of the state of Ohio, to obey the laws, and in all their official actions
and judgments to aim only to secure and maintain an honest and efficient
management of their department, free from partisan dictation and control.
The members of said board shall each receive an annual compensation of
twenty-five hundred dollars, and give bond conditioned for the faithful per-
formance of his duties in the sum of ten thousand dollars, with sureties to the
satisfaction of said mayor. Said board shall have power to employ a secretary,
and to appoint such other officers and employes as it may deem necessary for
the efficient execution of its duties, and to fix their salaries and their terms of
office. Said board of supervisors shall have all the powers and perform all the
duties heretofore conferred upon or required of the board of tax commissioners,
and the board of revision, and the annual board of equalization, and the decen-
nial board of equalization, and the board of review, in cities of the first grade.
of the first class, by any law now in force; and said board of supervisors shall
in all respects be considered the successor of the said board of tax commission-
ers, and said board of revision, and said annual board of equalization, and said
decennial board of equalization, and said board of review, in such cities, which
boards are, upon the appointment and qualification of said board of supervis-
ors, hereby abolished. Said board shall fix the compensation of all assessors
and assistants and other officers and agents and employes appointed by said
board, and shall frame appropriate rules governing them in the discharge of
their respective duties. [90 Local Laws, 257; 88 v. 228.]
The mayor can try the members only on a charge which in law constitutes neglect of duty. An act not
required of them by law and of no effect if done, as allowing a street railroad company to make an exces-
sively low tax return, is not such a neglect of duty: State v. Sullivan, 15 C. C. 333; 8 0. D. 294; aff'd 58 O.
S. 504.
The power to remove must be strictly pursued. It can only be exercised upon complaint and after giving
the official an opportunity to refute the charge: State ex rel. v. Sullivan, 39 W. L. B. 384; 58 O. S. 504.
The mayor can only try the members on a charge which in law constitutes neglect of duty: State ex. rel.
v. Sullivan, 58 O. S. 504; 39 W. L. B. 384.
The mayor's finding and order should on the face show the exercise of the power according to law: Id.
The law imposing upon the the board of supervisors, acting as a board of equalization, the duty to
equalize returns of personalty only, a charge against the supervisors for knowingly consenting to an under-
valuation of real and personal property, in gross, but failing to charge any undervaluation as for such per-
sonalty, is insufficient: Id.
While the charges under this section must be stated with reasonable certainty, the mayor may still pro-
ceed to hear them, and no injunction will lie to restrain him from so doing: Zumstein et al. v. Tafel, 4 N. P.
314; 6 O. D. 484.
Depending upon the circumstances, whatever action the mayor may take, there is an adequate remedy
by either mandamus or quo warranto: Id.
SEC. 2690n. [Expenses of board and assistants.] Three-fifths of the
amount of the salary of each of the members of the board of review, and of the
secretary of said board, shall be paid out of the county treasury upon the order
of the board of review, and the salaries of all assessors and assistants and other
officers, agents and employes, employed in the discharge of duties conferred
upon either the annual board of equalization or upon the annual board of
equalization when convened as a board of revision or upon the decennial board
of equalization, prior to the passage of said act of March 26, 1891 (88 v. 222), to
which this act is supplementary, and all costs and expenses of every kind aris-
ing out of the discharge of duties connected therewith and pertaining to the
valuation and equalization of property for taxation shall be paid out of the
county treasury, upon the order of said board of review, but all other salaries,
parts of salaries, costs and expenses shall be paid out of the city treasury upon
the order of the board of review, and the county commissioners shall furnish a
suitable place of meeting for said board of review. [88 v. 443.]
SEC. 26900. [Appointments, removals, charges, and investigation.]
That all appointments provided for in sections 1708a, 2205 and 2436 shall, ex-
cept in cases of vacancies, be made on the first Monday in May, or as soon
1480
§ 2690p-
FINANCE AND TAXATION. Tit.XII,Div.9,Ch.1.
thereafter as practicable, of each year in which appointments are required.
The predecessors of the boards and officers whose appointments are so pro-
vided for, and also the council and mayor, shall serve with their several pow-
ers and duties, as now prescribed by law, until such boards and officers shall
be appointed and qualified, and the board of legislation and mayor shall be
elected and qualified. The advice and consent of the board of legislation in
making such appointment shall not be necessary, except as provided in section
1708a. Any person appointed under any of said sections, except the prosecut-
ing attorney of the police court, may be removed at any time by the board or
officer appointing him; provided, however, that the members of the board of
administration appointed by the mayor, as provided in section 2205, and the
members of the board of fire trustees appointed by the mayor, as provided in
section 2436, shall be removed from office in manner and under conditions as
follows, and none other: It shall be the duty of the mayor, whenever probable
cause appears, to prefer charges against any such officer. Any twenty-five citi-
zens may, in like manner, prefer charges. All charges so made against any
such officer shall be forthwith filed with the board of review in such city,
within one week after such filing the board of review shall proceed to hear and
examine such charges. All charges shall be taken as denied, and hearing shall
be summary and without pleading, and the action of the board of review shali
be final. A record of all such charges and findings shall be made and kept.
[88 v. 229.]
and
An officer cannot make an appointment, the term of which is to begin after the expiration of the term
of the officer appointing: but when the statute requires the appointment to be made on a certain day or as
soon thereafter as practicable, he may do it: State ex rel. v. Ermston, 14 C. C. 614.
SEC. 2690p. [No officials to take part in politics.] No officer or em-
ploye of any department shall be a member of, or delegate to any political con-
vention at which municipal officers are to be nominated, and in case any such
officer or employe shall violate this provision, it shall be the duty of the mayor
(or head of the appropriate department, as the case may be), to remove such
person from office or discharge him from employment; but, provided, that
nothing herein contained shall apply to any officer or member of the police
force, who may be detailed to attend such convention in the course of his
duty. [88 v. 230.]
SEC. 2690q. [Repeals.] Sections 2205, 2206, 2207 2227 and 2231, as
amended March 13, 1890, and 2436 of title 12 of the Revised Statutes of Ohio,
and any and all other sections or portions of said Revised Statutes, in so far as
the same are inconsistent with any of the provisions of this act, are hereby re-
pealed.. [88 v. 230.]
See ? 1720c (1).
SEC. 2691. [Percentage of tax to be certified to county auditor.] The
council shall cause to be certified to the auditor of the county, on or before the
first Monday in June, annually, the percentage by it levied on the real and
personal property in the corporation returned on the grand levy, who shall
place the same on the tax-list for the county in the same manner as township
taxes are by law placed thereon; the ordinance prescribing the levy shall
specify distinctly each and every purpose for which the levy is made, and the
per cent. thereof; and when a corporation has been formed, or boundaries of a
corporation extended, subsequent to that time, the council shall determine
whether it would be right and expedient to assess a tax on the taxable property
in such territory for the current year; and if the council determine to make
such levy, it shall also determine the rate, and time of payment, and certify
the same to the county auditor, which tax shall be placed on the duplicate and
collected as other taxes. [73 v. 125, § 649; 74 v. 112, § 648; (S. & C. 1522).]
[Annual appropriations in Cleveland; no debt un-
In all cities of the second grade of the first class the
(2691-1) SEC. 1.
less money set apart.]
1481
Tit. XII,Div.9,Ch.1.
FINANCE AND TAXATION.
§ (2691-2).
council shall, on or before the third Monday in January in each year, pass an
ordinance making detailed and specific appropriations for the several objects
for which such city has to provide during the current fiscal year ending on the
31st day of December following. Said ordinance shall not be valid, unless
before its passage it shall have indorsed thereon the certificate of the city au-
ditor to the effect that there is money in the city treasury, or revenue in proc-
ess of collection, or to arise from the sale of bonds or notes theretofore duly
authorized, sufficient to meet the appropriation; and no debt shall be incurred
or contract executed except upon the written order of the officer of such city
duly authorized to incur such debt or to order the performance of such con-
tract, and every such order shall be void unless it bear the certificate of the city
auditor that there is money to the credit of the proper appropriation sufficient
to meet the liability thereby incurred. [90 L. L. 108; 87 v. 342.]
(2691-2) SEC. 2. [Board of equalization to revise.] Said ordinance
shall, before it takes effect, be transmitted by the city clerk to the board of
equalization and assessment for approval, amendment or rejection, as said
board may determine. [90 L. L. 108; 87 v. 342.]
(2691-3) SEC. 3. [Amendments.] Said ordinance shall not be amend-
ed by the council except upon the first Monday in May, the first Monday in Sep-
tember, and the first Monday in December, and every amendment shall be
made in the manner and form prescribed for the original passage of the ordi-
nance. [90 L. L. 108; 87 v. 342.]
For a similar provision for Cincinnati see ? 2090ƒ.
SEC. 2692. [Corporation taxes: how collected.] The taxes of the cor-
poration shall be collected by the county treasurer, and paid into the treasury
of the corporation in the same manner, and under the same laws, rules, and
regulations as are or may be prescribed for the collection and paying over of
state and county taxes; and the corporation treasurer, or other person or officer
having charge of the taxes paid over by the county treasurer, shall keep a sep-
arate account with each fund for which taxes are assessed, which account shall
be at all times open to inspection. [73 v. 125, § 650; (S. & C. 1522).]
SEC. 2693. [Levy and collection of taxes within corporations.] Noth-
ing in this chapter shall be construed to prevent any corporation that may elect
to do so, from levying and collecting taxes, as authorized by this title, within
the corporation; and when any corporation elects to levy and collect such taxes,
the council shall provide, by ordinance, for the appointment and control of the
necessary officers to carry the same into effect; which officers shall have the
power, and be under all the restrictions, of county auditors, county treasurers,
and township assessors, so far as the same are applicable to them, except in the
sale of delinquent lands. [67 v. 85, § 651.]
See Marshall v. Wooster, Supreme Court, without report, 38 W. L. B. 170.
SEC. 2694. [Delinquent taxes to be certified to county auditor, etc.]
The council may order the clerk, or other proper officer of the council, to certify
any delinquent tax assessed by the corporation to the auditor of the county,
which delinquent taxes the auditor shall place on the list of the county, in a
separate column, and the same shall be collected in like manner as delinquent
state and county taxes. [66 v. 260, § 652.]
SEC. 2695. [Collection of taxes to pay bonds, etc., issued for public
improvements.] If any special assessment is made, as authorized in chapter
five [four], of the seventh division of this title, and bonds, notes, or certificates
of indebtedness of the corporation are issued in anticipation of the collection
thereof, the ordinance directing the assessment shall specify the amount by the
foot front or according to valuation, or otherwise, to be paid, and where the
assessment is payable in installments, the amount to be paid annually; and it
1482
§§ 2696-2699.
FINANCE AND TAXATION.
Tit.XII,Div.9,Ch.1.
shall be the duty of the auditor or clerk of the corporation, on or before the
second Monday in September, annually, to certify such assessment to the
council, to be by it confirmed, and thereupon it shall direct the clerk to certify
the same to the county auditor, who shall place the same on the tax-list, and
the county treasurer shall collect the assessment in the same manner as other
taxes are collected, and when collected he shall pay the same to the treasurer of
the corporation, to be by him applied to the payment of such bonds, notes, or
certificates of indebtedness, and interest thereon, and for [no] other purpose;
and for the purpose of enforcing the collection of the assessment, the county
treasurer shall have the same power and authority now allowed by law for the
collection of state and county taxes. [66 v. 260, § 653.]
SEC. 2696. [Collection to pay bonds for sewerage purposes.] If a
special assessment is made for sewerage purposes, as authorized by the fifth
chapter of the seventh division of this title, and the bonds of the corporation
are issued in anticipation of the collection thereof, such assessment shall be
certified to the council, confirmed, certified to the county auditor, and collected
at the same time and in the same manner, as provided in the preceding section,
and when collected shall be applied to the payment of the bonds, and to no
other purpose. [66 v. 260, § 654.]
SEC. 2697. [Taxes on lands laid off into lots.] The council may impose
taxes upon parcels of land laid off into lots, and sold or leased by metes and
bounds, or other description, though the same may not have been platted and
recorded. [66 v. 260, § 655; (S. & C. 1523).]
Exemptions of any part of the property in a municipal corporation, otherwise subject to taxation, from
contributing to the general revenue fund, are in conflict with 32, Art. XII, of the Constitution: Zanesville v.
Richards, 5 O. S. 589.
SEC. 2698. [Debts not to exceed taxes, and other revenue.] The
council shall not make any appropriation, nor contract debts or obligations of
any description, for either of the purposes specified in the levy of the council,
as provided for in section twenty-six hundred and ninety-one exceeding the amount
of taxes, and revenue from other sources, for the current year, received for such
purposes; and the money belonging to one fund shall not be transferred to
another, nor used for any purpose except that for which it was collected or
received. [73 v. 126, § 656.]
For "an act to authorize the councils of certain cities to transfer funds therein named,”
see 81 v. 18.
For "an act to authorize cities of the second grade of the first class to transfer certain
moneys to the general sinking funds," see 81 v. 32.
Taxes raised by general levy for the improvement of streets, are included in the aggregate amount of
taxes, to the levying of which corporations are restricted: State ex rel. Columbus v. Strader, Auditor, 25 O. S.
527.
See note to Jonas v. Cincinnati, 18 O. 318, under ? 1691.
See note to Dunham ex rel. v. Opes, 3 C. C. 274, under 2 2686.
SEC. 2699. [Restriction on power to create debts.] In cities of the
first grade of the first class, no ordinance or other order for the expenditure of
money shall be passed by the city council, or a board, officer, or commissioner
having control over the moneys of the city, without stating specifically in such
ordinance or order the items of expense to be made under it, and no such ordi-
nance or order shall take effect until the auditor of the city shall certify to the
city council that there is money in the treasury specially set apart to meet such
expenditure; and all expenditures greater than the amount specified in such
ordinance or order shall be absolutely void, and no party whatever shall have
any claim or demand against the city therefor; nor shall the city council, or a
board, officer, or commissioner of the city, have any power to waive or qualify
the limits fixed by such ordinance or order, or fasten upon the city any liability
whatever for any excess of such limits, or release any party from an exact com-
pliance with his contract under such ordinance or order; nor shall any mem-
;
1483
Tit. XII,Div.9, Ch.1.
FINANCE AND TAXATION.
§ (2699-1).
ber of the city council, or board of aldermen of the city, or a board, officer, or
commissioner of the city, have or hold any interest in a contract executed on
behalf of the city, nor any interest in the expenditure of money on the part
of the city other than his fixed compensation; and a violation of any provision
of this section shall disqualify the party violating it from holding any office of
trust or profit in the city, and render him liable to the city for all sums of
money or other thing he may receive against the provisions of this section, and
if in office he shall be dismissed therefrom. [71 v. 80, §3.]
Not applicable to cost of improvement or condemnation in Cincinnati and Toledo if
to be assessed specially, see ? 2275.
For exceptions, see under ? 2702.
Does not apply to contracts with municipalities for furnishing light and water, etc.,
see ? (3471-4a).
This section was held not to be applicable, when originally enacted (71 v. 80), to ordinances providing
for the expenditure of money passed prior to the date of the act, or to ordinances passed subsequent to the
date of the act appropriating money to pay expenditures made under such prior ordinances: Ryan v. Hoff-
man, 26 O. S. 109.
A city auditor was held to have properly refused to issue his warrant on the city treasurer for the amount
of a certificate of the board of improvements for services as superintendent of street improvements, when, at
the time of the employment and service, there was no money in the treasury set apart to meet the expendi-
ture, and the auditor had not so certified to council; and such auditor will not be compelled to issue the
warrant by peremptory writ of mandamus, notwithstanding the money afterward came into the treasury
and was set apart to meet such expenditure: State v. Hoffman, 25 0. S. 328.
A contractor does work for a municipal corporation, which refuses payment on the ground that the fund
provided by legislative authority has been already expended. If this be the only defense, the corporation
must clearly show that, at the time of making the contract and entering upon its execution, it, with
others, exceeded in amount the fund provided; otherwise this defense can not prevail: Cincinnati v.
Cameron, 33 O. S. 336.
See note to 2 6969: Doll v. State, 45 O. S. 445.
22 2699, 2702 apply to contracts for lighting the city: Ampt v. Cincinnati, 2 N. P. 332; 2 O. D. 504.
City is liable to contractor for defective assessment certified to him, though money had not been set
aside; Cincinnati v. McErlane (Ham. Dist. Court), 3 W. L. B. 843.
Not applicable to new water-works law for Cincinnati: Cincinnati v. Cincinnati, 5 O. D. 372; 11 C. C. 309.
(2699-1) SEC. 1. [No expense unless money set apart in Cleveland
and Columbus.] That in all cities of the second grade of the first class, and
first grade of the second class, it shall be unlawful for any executive or other
officer of such city to enter into any contract involving the expenditures of
money by such city unless the money to meet the expense is in the public
treasury to the credit of the proper fund and unapportioned for any other pur-
pose; provided, however, that money to be derived from taxes, or other revenue,
in process of collection, or from the sale of bonds, or notes, duly authorized by
law and ordinance shall for the purpose of this act be deemed to be in the pub-
lic treasury. [88 v. 584; 87 v. 191, 96.]
N. B. The amendment (88 v. 584) misrecites the date of the original act.
(2699-2) SEC. 2. [No expense beyond appropriation; salaries to be
set aside.] That it shall be unlawful in any such city for any member of any
city council, board of fire commissioners, board of police commissioners, board
of infirmary directors, board of park commissioners, board of work-house com-
missioners, board of trustees of cemeteries, or board of trustees of water-works,
or any department or board not herein named, now existing or hereafter created
of any municipal corporation, to contract, or as member of such board vote to
contract, or to incur any expense, or liability whatsoever, on the part of such
board, or such municipal corporation, beyond the amount regularly and law-
fully set apart for the use of such department. And such boards shall at all
times make due allowances for the payment of the salaries of the men regularly
employed in their respective departments for the full fiscal year, and in no case,
use, or appropriate the same for any other purpose. [87 v. 96.]
(2699-3) SEC. 3. [Penalty.] That any executive officer or any mem-
ber of any official board as aforementioned in this act, violating any of the pro-
visions of this act, shall be fined in any sum not less than twenty dollars nor
more than two hundred dollars, and may be imprisoned in the county jail of
such county not more than thirty days, or both, at the discretion of the court.
[87 v. 96.]
1484
§ (2699-4).
POWER TO BORROW MONEY, ETC. Tit.XII,Div.9,Ch.2.
(2699-4) SEC. 4. [Conviction forfeits office.] That any person con-
victed under the provisions of this act shall forfeit the office he then holds, and
be disqualified for holding any public office for one year thereafter. [87 v. 96.]
(2699-5) SEC. 5. [Duty of prosecuting attorney.] That in any county
where there may be a violation of any of the provisions of this act, it shall be
the duty of the prosecuting attorney of such county to prosecute the offender
according to law. [87 v. 96.]
CHAPTER 2.
THE POWER TO BORROW MONEY AND ISSUE BONDS.
SECTION
SECTION
2700. Loans in anticipation of revenue.
2700a. Springfield may borrow in anticipation of
certain funds; limitations.
2700-1. Cleveland may borrow in anticipation of
paving tax.
2710.
2711.
2701.
2702.
Issue of bonds, etc., to extend time of pay-
ment.
Restrictions as to contracts, appropriations, and
expenditures.
2702a. Proceeding in which preceding inapplicable.
2702-1. Cincinnati; public contracts: how made
and awarded; security; opening of bids.
2702-2. No contracts with defaulters; duplicates;
receipts; warrants.
2702-3. Itemized accounts to accompany vouchers.
2703. Bonds to be explicit on their face.
2704.
Borrowing money in anticipation of special
assessment.
2705.
2705-1. Cincinnati deficiencies for bonds in antici-
pation of assessments.
Bonds for money borrowed in anticipation of
special assessments.
2705-2. Bonds to reimburse such payment.
2705-3. Columbus certificates of debt to postpone
improvement bonds.
2705-4. Certificates in anticipation of revenues;
amount of.
2705-5. By whom signed; interest; certificates to
be first offered to sinking fund; offered to
creditors.
2705-6. Sec. 2702 not to apply.
2706.
2707.
2708.
2709.
Form and requisites of municipal bonds, etc.
Bonds may have coupons attached.
Character of bonds in certain cases.
Municipal bonds first offered to sinking fund
trustees; not to be sold for less than par
value; sold to highest bidder after notice
by publication; when may be sold at pri-
vate sale; refunding of corporate indebt-
edness; rates of interest.
Disposition of unappropriated funds.
Exchange of coupons for registered bonds.
2711-1. City of Hamilton expense bonds; not to
anticipate taxes.
2711-2. Amount; issue; denomination; interest.
2711-3. Disposition of proceeds.
2711-4.
Taxes not to be anticipated.
2711-5.
Same.
2711-6.
2711-7.
Future bonds.
Definitions.
2711-8. Health emergencies.
2711-9. Taxes to pay off bonds and interest.
2711-10. Election as to issue of bonds.
2711-11. Village refunding bonds.
2711–12. Time, form, and amount of bonds.
2711–13. Exchange or sale of bouds.
2711-14. Tax to pay same.
2711-15. Cancellation of redeemed bonds.
2711-16. Cleveland bonds in anticipation of assess….
ments.
2711-17. Forms, etc., of.
2711-18. Bonds to be registered in certain cities.
2711-19. Exceptions.
2711-20. Registration of bonds.
2711-21. Municipalities may borrow money and issu€
bonds to pay for improvements cor-
structed or contracted for under uncon-
stitutional acts.
2711-22. Interest, etc.
2711-23. Money to be borrowed limited to amount
of outstanding bonds, etc.
2711-24. By what laws proceedings of council gov-
erned.
Power being given to issue bonds, the mere fact that statutory provisions as to the issuing not having
been complied with, will not relieve the city from repaying the money borrowed: Ampt v. Cincinnati, 33 N.
P. 184; 4 Ö. D. 237.
Cleveland city hall bonds subject to requirements of this chapter, see ? (2559-12).
SEC. 2700. [Loan in anticipation of revenue.] Loans may be made
by municipal corporations in anticipation of the general revenue fund; but
the aggregate amount of such loans in any fiscal year shall not exceed, in a
hamlet, one thousand dollars, in a village, fifteen thousand dollars, in a city of
the second class, fifty thousand dollars, in a city of the third grade of the first
class, one hundred thousand dollars, and in any other city of the first class,
two hundred thousand dollars: provided, however, that no new loans shall be
made until the loan previously made under this section has been fully paid and
canceled; and provided further, that no loan as aforesaid shall be made dur-
ing any fiscal year in anticipation of such fund exceeding the amount of taxes,
and revenue from other sources, due and payable into the fund for the fiscal
year. [74 v. 65, § 661.]
Bonds for park condemnations, ? 2232, par. 10.
For acts authorizing the issue of bonds for sewer purposes, see various acts under
Municipal Corporations," Sewers," etc., ? (2409-1) et seq.
1485
!
Tit. XII,Div.9,Ch.2. POWER TO BORROW MONEY, ETC.
$2700.
For the issuing of bonds to build waterworks, etc., see, under Municipal Corporations,
"Waterworks," ? (2435—19) et seq.
""
For an act to authorize certain cities of the second class to fund their indebtedness,
and extend the time of its payment," see 66 v. 44.
For "
an act to provide temporary relief for the poor in cities of the second class, and
in incorporated villages of not less than three thousand inhabitants,” see 66 v. 86.
เ
For an act to authorize city councils of cities of the first class, having a population
of over one hundred and fifty thousand inhabitants, to issue bonds for general sewerage
purposes," see 66 v. 129.
For "
an act to authorize cities of the first class, having a population of over one
hundred and fifty thousand inhabitants, to issue bonds for the extension and completion
of avenues established therein," see 66 v. 130.
(C
For an act to authorize city council of cities of the first class having a population of
over one hundred and fifty thousand inhabitants to issue bonds for waterworks," see
66 v. 143.
For "
an act to authorize city councils of cities of the first class having a population
of over one hundred and fifty thousand inhabitants, to issue bonds for public avenue and
sewer purposes," see 66 v. 337.
For "
an act to enable cities of, the first class that have advanced to that grade be-
tween decennial periods and prior to May, 1867, to provide means to pay off the amount
of certain assessments for the improvement and extension of streets therein, which as-
sessments have been declared by a court illegal," see 66 v. 346.
For an act to authorize cities of the first class, having a population exceeding one
hundred and fifty thousand, to issue bonds for improvements," see 68 v. 125.
For"
an act to authorize the city council of cities of the first class having a popula-
tion of over fifty thousand and less than one hundred and fifty thousand at the last
federal census, to issue bonds for waterworks," see 69 v. 13.
For "an act to authorize the common council of cities of the first class, having a pop-
ulation over two hundred thousand inhabitants, to issue bonds for waterworks," see
69 v. 64.
For "an act to authorize cities of the first class to issue bonds for university pur-
poses," see 69 v. 164.
For "
an act to authorize the issuing of bonds and to regulate the making of contracts
in certain cities," see 71 v. 80.
For "
an act to authorize the common council of cities of the first class, having a pop-
ulation over two hundred thousand inhabitants, to issue bonds for waterworks," see
72 v. 86.
For "an act to authorize cities of the first class having a population of over two hun-
dred thousand to issue bonds for alterations and improvements in hospitals, and to pay
existing debts thereof," see 73 v. 148.
For "an act to authorize the issuing of floating-debt bonds in cities of the second
class having a population of not less than thirty thousand nor more than thirty-one
thousand inhabitants at the last federal census," see 73 v. 206.
For "an act to authorize the common councils of certain cities of the first class to
issue waterworks bonds," see 73 v. 215.
For "an act supplementary to an act entitled 'an act to provide for the organization
and government of municipal corporations, authorizing certain cities therein to construct
certain improvements therein named, and to issue bonds for the payment of the same,'
see 74 v. 174.
For "an act to authorize incorporated villages and cities to purchase steam fire
engines and fire apparatus," see 75 v. 55.
For "an act supplementary to an act to amend, revise, and consolidate the statutes
relating to municipal corporations, passed May 9, 1870," see 75 v. 557.
For "
an act to fix the aggregate of taxes which may be levied for certain purposes in
cities of the second class, having by the federal census of 1880, or by any succeeding
federal census, a population of twenty thousand seven hundred and twenty-nine," see 78
v. 128. (Springfield.)
For an act providing for the levy of an additional tax for general purposes in villages
having a population of 1,268, by the last federal census," see 80 v. 203. (Riverside.)
For acts authorizing the issue of bonds by cities of the first grade of the first class for
city infirmary purposes-Cincinnati, see 78 v. 59 ; 79 v. 120.
For "an act authorizing the issue of bonds to supply certain deficiencies in cities of the
first grade of the first class, and for other purposes," see 78 v. 195.
For acts to authorize cities of the first grade of the first class to issue bonds for improve-
ment of work-houses 79 v. 99; 84 v. 113,
For two acts authorizing cities of the first grade, first class, to issue bonds for the relief
of sufferers by floods therein, see 80 v. 20; 81 v. 16.
1486
§ 2700.
POWER TO BORROW MONEY, ETC. Tit. XII, Div.9, Ch.2.
For two acts to authorize the city council of cities of the second grade of the first class
to issue bonds for street and viaduct purposes 80 v. 161; 83 v. 164.
For "an act to authorize the city council of any city of the second grade of the first
class to issue bonds for the improvement of its public parks" 81 v. 42,
For "an act to authorize cities of the first grade of the first class to issue bonds for pay-
ing arrears of debts in work-houses, and borrow money on such bonds," see 81 v. 83.
For "an act to authorize the city of Cincinnati to issue bonds to pay deficiencies in
police fund," see 82 v. 77.
For "an act authorizing cities of the first class, second grade, to issue bonds and borrow
money for the purpose of locating, erecting, and furnishing a free hospital in said city"
82 v. 93.
For "
an act to authorize the city of Cincinnati to issue bonds to pay deficiencies in
infirmary fund,” see 82 v. 94.
For "an act to authorize the city of Cincinnati to issue bonds to pay deficiencies in work-
house fund," see 82 v. 101.
For "an act to authorize the city of Cincinnati to issue bonds to pay deficiencies in
house of refuge fund," see 82 v. 113.
For "
82 v. 158.
For "
an act to authorize the city of Cincinnati to issue bonds to meet deficiencies," see
an act to enable cities of the first grade of the first class to repay money advanced
to meet deficiencies," see 83 v. 114.
For acts to provide for the paving, etc., of streets and alleys in various cities see
? 2293a, et seq.
For "an act to authorize the council of any incorporated village within this state which
at the last federal census had, or at any subsequent federal census may have, a population
of not less than two thousand seven hundred and eighty nor more than two thousand
seven hundred and eighty-five, to issue bonds for the meeting and providing for a de-
ficiency in the general funds of such villages, and also for the purpose of improving the
streets thereof" (83 v. 142).
For "
an act authorizing any city of the second grade of the first class to issue bonds
for a loan to pay cost and damages arising from the regrading aud filling of a street " (83 v.
155).
For "an act authorizing the council of incorporated villages in this state to issue
bonds to purchase a suitable site for normal school buildings, [and] to erect and furnish
said_buildings, and to levy a tax to pay the same," see 84 v. 63.
For "
an act to authorize the council of cities-of the second class, third grade, to issue
bonds for street improvement," see 85 v. 102.
For "
an act to authorize villages having a population of four thousand seven hundred
and seventy-seven at the last preceding federal census to issue bonds to improve the streets
and avenues," see 86 v. 146.
For "an act to provide for the improvement of [all] streets and alleys in all cities hav-
ing a population of twelve thousand two hundred and fifty-eight at the census of 1880,”
see 86 v. 279.
Cities of the second class, third grade, may issue bonds for constructing intercepting
sewers, see 2370a.
New Straitsville-Bonds to meet deficiency in the general fund and to improve streets,
83 v. 142.
Toledo-Bonds to meet deficiency in the sanitary fund, 87 v. 95.
Columbus-Bonds to supply deficiency in police fund, 87 v. 165 repealing 86 v. 626.
Public Library bonds may be issued by certain cities of the second class, third grade,
etc., see 92 v. 108.
Park improvement bonds in Cincinnati submitted to electors, (2510-6) et seq.
Park bonds for Dayton, see ? (2515—46).
Columbus-may issue levee and embankment bonds, 93 v. 524.
Dayton-may issue levee and storm water sewer bonds, 93 v. 525; section 2, amended
93 v. 682.
Cincinnati-may issue bonds for benefit of flood sufferers, 93 v. 527.
West Salem-may issue town hall bonds, 93 v. 512.
Germantown-may issue waterworks bonds, question snbmitted to electors, 93 v. 455.
Cleveland-new city hall bonds, ? (2559-12).
Swanton—may issue street, pavement and graveling bonds, 93 v. 509.
Bellville-may issue electric light plant bonds, question submitted to electors, 93
v. 482.
Cleveland-may issue school building bonds, 93 v. 459.
Cleveland-market-house bonds, see? (2581-1) et seq.
Cleveland-park bonds; question submitted, see ? (2515-22a).
Cleveland-may issue bridge bonds, 93 v. 699; same 93 v. 700.
Massillon-may issue free public library bonds, 93 v. 521.
1487
Tit. XII, Div.9, Ch.2. POWER TO BORROW MONEY, Erc.
§ 2700a.
Cincinnati-may issue bonds to construct, etc., market-houses, 93 v. 678.
McConnelsville-may issue water-works bonds; question submitted to electors, 93
v. 685.
Columbus-may issue poor fund deficiency bonds, 93 v. 684.
Cincinnati-may issue bonds to improve streets, 93 v. 687.
Ashtabula-may issue bonds to dredge, etc., river in city; question submitted to elec-
tors, 93 v. 684.
Cincinnati-may issue bonds to pay for property to be condemned and appropriated
for street purposes, 93 v. 600.
Springfield-may issue park bonds, 93 v. 624.
Cincinnati-may construct viaduct, 93 v. 634.
Trimble-sidewalk and street improvement bonds, question submitted, 93 v. 690.
Cincinnati-may issue bonds to pay for property appropriated to open, etc., streets,
93 v. 657.
As to modification or extension of lease of Cincinnati Southern R. R. issuing further
bonds to better road, 93 v. 637.
Authorizing board of education of city school district of second class of Galion, Craw-
ford county, to issue school building bonds and levy tax therefor, see 93 v. 435.
Malta-street improvement and repair bonds, question submitted to electors, 93 v. 461.
Cleveland-may issue bonds for changing course of brooks, etc., within city, 93 v. 530.
Springfield-may issue "police department bonds," question submitted to electors,
93 v. 545.
Cleveland-may issue bonds for widening, etc., navigable water course, and for estab-
lishing, etc., landing places, etc., 93 v. 546.
Cincinnati-may issue bonds to repair and reconstruct bridges and viaducts, 93 v. 555.
Cincinnati-may issue bonds to pay for property to be condemned and appropriated
for street purposes, 93 v. 570.
Steubenville-may construct bridge, question submitted to electors, 93 v. 568.
Cambridge-may issue trunk sewer, sewer and street improvement bonds, 93 v. 580.
Grand Rapids village may make town hall levy in connection with Grand Rapids
township, 93 v. 472.
Municipal corporations have such powers as are given in terms, and such others as are necessary to carry
into effect the expressed powers, and those powers should be strictly construed; but where the corporation is
endeavoring to set up a defense of usurpation, a different rule prevails; and a contract to borrow money,
although the power to borrow money had not been expressly granted, is obligatory on the corporation: Bank
of Chillicothe v. Chillicothe, 7 O. (2 pt.) 31.
All municipal bonds issued under authority of Chap. II, Div. IX, Title XII, of Revised Statutes, must,
according to 2 2703, express upon their face the purpose for and the ordinance under which they are issued:
Keehn v. Wooster et al., 7 O. D. 456; 13 C. C. 272.
*
Where the original bonds were invalid, the refunding bonds are also invalid, notwithstanding the bonds
recited that the indebtedness was a legal and subsisting indebtedness: Id.
See case of Dunham v. Opes, 3 C. C. 274, in note to 22686.
SEC. 2700a. [Springfield may borrow in anticipation of certain funds;
limitations.] That in cities of the second class, third grade a, loans may be
made by the corporation in anticipation of any of the special funds of the
corporation or sewer districts thereof to raise which, taxes may be levied by
the provisions of section 2683, Revised Statutes of Ohio, but no such loan shall
be made during any fiscal year in anticipation of any such funds exceeding
the amount of taxes and revenue from other sources, due and payable into the
fund for the fiscal year; and provided further, that no new loan in anticipa-
tion of any such special fund shall be made until the loan previously made in
anticipation of such fund has been fully paid and cancelled. [89 v. 20; 88 v.
177.]
(2700-1) [Cleveland may borrow in anticipation of paving tax.]
Whenever any city of the second grade of the first class shall make a levy
on the general tax list for the purpose of paving streets, such city shall
have power to borrow, at a rate of interest not exceeding six per centum per
annum, in anticipation of the collection thereof, a sum of money not exceed-
ing in the aggregate ninety-five per cent. of the amount levied; and may issue
notes therefor in manner and form as provided by section 2706 of the Revised
Statutes, which shall be offered for sale to the sinking fund commissioners in
conformity to the provisions of section 2709 of the Revised Statutes. [87 v.213.]
The
SEC. 2701. [Issue of bonds, etc., to extend time of payment.]
trustees or council of any municipal corporation, for the purpose of extending
be time of the payment of any indebtedness, which from its limits of taxa-
1488
§ 2702.
POWER TO BORROW MONEY, ETC. Tit. XII,Div.9,Ch.2.
tion such corporation is unable to pay at maturity, or when it appears to the
said trustees or council for the best interest of the said municipal corporation,
shall have power to issue bonds of such corporation or borrow money so as to
change but not to increase the indebtedness, in such amounts and for such
length of time and at such rate of interest as the council may deem proper,
not to exceed the rate of six per centum per annum, payable annually or semi-
annually; provided, however, that no indebtedness of any such municipal
corporation shall be funded, refunded, or extended, unless such indebtedness
shall first be determined to be an existing valid and binding obligation of any
such municipal corporation by a formal resolution of the trustees or council
of such municipal corporation, which_resolution shall also state the amount
of the existing indebtedness to be funded, refunded or extended, the aggregate
amount of bonds to be issued therefor, their number and denomination, the
date of maturity, the rate of interest they shall bear, and the place of pay-
ment of principal and interest. [92 v. 368, 170; 89 v. 417; 70 v. 5, § 662.]
For "an act to authorize certain municipal corporations to extend the time of payment
and to reduce the rate of interest of unmatured bonds" (79 v. 125).
For "an act to authorize any city of the third grade, first class (Toledo), to issue bonds
to extend time of certain indebtedness," see 82 v. 228.
The issuing of bonds in the name of "the town of Perrysburg," instead of "the incorporated village of
Perrysburg," when the latter would have been its proper legal designation, is merely a misnomer, which does
not affect the validity or obligation of such bonds: Fosdick v. Perrysburg, 14 O. S. 472.
This section does not authorize bonds to fund floating debts or to pay deficiencies. Herrmann v.
Cincinnati, 9 C. C. 357,359. Affirmed 52 O. S. 676.
See case of Dunham ex rel. v. Opes, 3 C. C. 274, in note to ¿ 2686.
SEC. 2702. [Restrictions as to contracts, appropriations, and expendi-
tures.] No contract, agreement or other obligation involving the expenditure
of money shall be entered into, nor shall any ordinance, resolution or order
for the appropriation or expenditure of money, be passed by the council or by
any board or officer of a municipal corporation, unless the auditor of the cor-
poration, and if there is no auditor, the clerk thereof, shall first certify that the
money required for the contract, agreement or other obligation, or to pay the
appropriation or expenditure, is in the treasury to the credit of the fund from
which it is to be drawn, and not appropriated for any other purpose, which
certificate shall be filed and immediately recorded; and the sum so certified
shall not thereafter be considered unappropriated until the corporation is dis-
charged from the contract, agreement or obligation, or so long as the ordinance,
resolution or order is in force; and all contracts, agreements or other obliga-
tions, and all ordinances, resolutions and orders entered into or passed, con-
trary to the provisions of this section shall be void; provided, that in cities of
the second grade of the first class, funds in the hands of the commissioners of
the sinking fund of 1862, so-called, shall, when set apart by ordinance for any
particular purpose, be deemed as money in the treasury for such purpose,
within the meaning of this section; and further provided, that in said cities of
the second grade of the first class, whenever any loan for the extension of water-
works or construction of main sewers or of elevated roadways, has been author-
ized by law, the money to arise therefrom shall be deemed in the treasury for
such purpose, within the meaning of this section. Provided further, that in
cities of the second grade of the first class, contracts for street improvements
extending for a period of one year upon which payments are to be made from
time to time, as the work progresses, material is furnished, or service performed,
such cities are authorized to enter into such contracts if the estimated expendi-
ture thereunder does not exceed the taxes levied for such purposes during the
term of the contract, and in such cases the certificate of the auditor as herein
provided shall not be required other than to state the amount of the levy. [1889,
April 15: 86 v. 391, 392; 80 v. 178; 79 v. 54, 55.]
Does not apply to contracts with municipalities for furnishing light and water, etc.,
see ? (3471-4a).
When municipality pays portion of cost of improvement what is sufficient compliance
with this section, see 2273.
1489
Tit. XII,Div.9, Ch.2. POWER TO BORROW MONEY, ETC.
§ 2702a.
Not applicable to cost of improvement or condemnation in Cincinnati and Toledo if
to be assessed specially, see ? 2275.
See ?? 2264, 2232a.
For some specific exceptions to this section see ?? (2180—4), 2264, (2435—18), (2805—2),
(2699—1), (2515–50).
Cleveland city hall bonds subject to, 2 (2559—12).
Does not apply to contracts for collection, etc., of
contracts for collection, etc., of garbage in Cleveland, see
¿ (1545—88a).
In a proceeding in mandamus to compel the auditor of the city of Cincinnati to issue a warrant upon
the city treasurer as required by the act of May 8, 1879 (76 v. 256), it is not material to inquire whether there
is money in the city treasury with which to pay the warrant, or not. How the warrant is to be paid is no con-
cern of the auditor in discharging the duties imposed upon him by the statute. State ex rel. v. Hoffman,
35 O. S. 436.
See note to Doll v. State, 45 O. S. 445, under 2 6969.
This provision is no defense to a liability for negligence in constructing under the authorized contract
Elster v. Springfield, 49 O. S. 82.
Where a municipality contracts to pay for a sewer put in one of its streets in order that the contract be
valid, the provisions of this section must be complied with: Supreme Court, Lancaster v. Miller, 39 W. L.
B. 409, 58 O. S. 558.
The municipality is not estopped from setting up this defense: Id.
A contract to pay a certain sum of money within a time to be thereafter ascertained, the amount not
being stated in dollars and cents, but also to be ascertained, the same being payable out of the general fund
thereafter, is within this section: McGrew v. Elmwood, 2 O. D. 224.
An ordinance to condemn property for public use is one for the expenditure of money, and must have
the certificate under 2 2702: Rhoades v. Toledo, 6 C. C. 9; contra. Tyler v. Columbus, 6 C. C. 224.
When a contract is entered into between the council of a village and an attorney-at-law, whereby the
latter agrees to render professional services to the village in prosecutions under a village ordinance, he to
receive as compensation the reasonable value of his services: and the clerk does not make the certificate
required by this section, such contract is absolutely void, and no recovery can be had for any services ren-
dered thereunder. The fact that the amount to be paid was uncertain, and could not, at the making of the
contract, be definitely ascertained, and the fact that the services were to be rendered for the preservation of
peace and good order in the village, did not take the contract out of the provisions of this section: Bond v.
Madisonville, 2 C. C. 449.
It is not necessary that the money be in the treasury prior to commencing proceedings to appropriate
property for park purposes: Put in Bay v. Webb, 7 O. D. 478.
Not applicable to an improvement, the entire cost of which is to be specially assessed: Wood. Pleasant
Ridge, 5 O. D. 516; 12 C. C. 177.
Not applicable where a later statute is incompatible, the latter is an exception to it: Cin. v. Holmes, 56
O. S. 104.
This section has not the vigor of a constitutional provision and therefore cannot apply to a statute that
not only authorizes the making of a particular kind of improvement, but also the mode and manner in
which the funds are to be raised to defray the costs and expenses of it: Cincinnati v. Holmes, administrator,
56 O. S. 104.
SEC. 2702a. [Proceedings in which preceding section inapplicable.]
Provided, however, that nothing in said section 2702 shall apply to proceedings
for the change of grade of a street or alley, or to appropriation of property for
street or alley purposes. [91 v. 194.]
(2702-1) SEC. 1. [Cincinnati: public contracts, how made and
awarded; security; opening of bids.] In cities of the first grade of the first
class, all contracts to be made or let for work to be done or supplies to be fur-
nished, or whenever any work is necessary to be done to complete or perfect a
particular job, or any supply is needful for any particular purpose, which work
and job is to be undertaken or supply furnished for the corporation, and the
several parts of the said work or supply shall together involve the expenditure
of more than five hundred dollars, the same shall be by contract, under such
regulations and forms as are required by law. All contracts shall be entered
into by the appropriate heads of departments, and shall be founded on sealed
bids or proposals, and shall be awarded to the lowest responsible bidder, who
shall give security for the faithful performance of his contract in the manner
prescribed and required by law, and the adequacy and sufficiency of this
security shall, in addition to the justification and acknowledgment, be approved
by the comptroller. But such heads of departments shall have the right to
reject any and all bids. All bids or proposals shall be publicly opened by the
officers advertising for the same, and in the presence of the comptroller, but
the opening of the bids shall not be postponed if the comptroller shall, after
due notice, fail to attend. [84 v. 293.]
Park improvements in Cincinnati subject to, see ? (2510—15).
95
1490
§ (2702—2).
POWER TO BORROW MONEY, ETC. Tit.XII,Div.9,Ch.2.
(2702-2) SEC. 2. [No contracts with defaulters; duplicates; re-
ceipts; warrants.] No bid shall be accepted from, or contract awarded to any
person who is a defaulter, as surety or otherwise, upon any obligation to the
corporation. Every contract when made and entered into, as before provided
for, shall be executed in duplicate, and shall be filed in the office of the comp-
troller; a receipt for each payment made on account of, or in satisfaction of the
same, shall be indorsed on the said contract by the party receiving the war-
rant, which shall be only given to the person interested in such contract or his
authorized representative. [84 v. 293.]
(2702-3) SEC. 3. [Itemized accounts to accompany vouchers.] All
warrants or vouchers drawn upon or certified to the comptroller for payment
by the appropriate heads of the departments or other officers duly authorized,
shall have attached thereto a detailed and itemized account for which [said]
warrant or voucher is drawn upon or certified to the comptroller for payment.
[84 v. 233.]
SEC. 2703. [Bonds to be explicit on their face.] All bonds issued under
authority of this chapter shall express upon their face the purpose for which
they were issued, and under what ordinance. [66 v. 262, § 664.]
SEC. 2704. [Borrowing money in anticipation of special assessment.]
The council of any municipal corporation shall also have power to borrow
money at a rate of interest not exceeding seven per centum per annum, in
anticipation of the collection of any special assessment, and to issue the bonds
of the corporation therefor, in the manner and form herein provided. Provi-
ded, however, that in a city of the second grade of the first class the aggregate
debt for all purposes whatsoever shall not, after deducting the amount of the
water debt and the par value of the sinking funds, exceed seven per cent. of
the assessed value of all property returned for taxation within such city as
shown by the county auditor's tax list; and any attempt or act by any board
or officer to borrow money or issue bonds or notes or other evidence of indebt-
edness for the above or any other purpose, when said issue would cause said
debt to exceed said seven per cent., shall be null and void, and of no effect;
provided further, that nothing herein, or in section 2701 contained, shall be so
construed as to prevent such temporary increase of indebtedness as may be in-
cident to extending the time of payment of maturing indebtedness. [92 v.
286; 91 v. 191; 66 v. 262, § 665.]
Cleveland city hall bonds subject to, ? (2559-12).
See case of Dunham ex rel. v. Opes, 3 C. C. 274, in note to ? 2686.
Neglect to observe the statute will not relieve the city from duty to repay the loan: Ampt v. Cincinnati,
4 O. D. 237; 3 N. P. 184.
SEC. 2705. [Bonds for money borrowed in anticipation of special
assessments.] If the council makes any special assessment payable in annual
installments as authorized in fourth chapter of the seventh division of this.
title, it shall have authority to borrow upon the credit of the corporation a sum
of money sufficient to pay the estimated cost and expense of the improvement,
and shall have authority to issue bonds, notes or certificates of indebtedness
pledging the faith and credit of the corporation for the payment of the prin-
cipal and interest of such bonds, notes or certificates of indebtedness, which
interest shall not exceed the rate of seven per cent. per annum, payable
annually; and such bonds, notes or certificates of indebtedness shall not, in
any case, be sold for less than their par value; provided, that in cities of the
second grade of the first class such loan as aforesaid may be made of the sink-
ing fund commissioners of such city out of the sinking fund of 1862, so called,
whether the special assessment is payable in annual installments or otherwise,
and such notes or certificates of indebtedness may be made payable to said
commissioners; and so much of the proceeds of such special assessments as
may be required, shall, when received by the city, be paid over to said com-
1491
Tit. XII,Div.9,Ch.2. POWER TO BORROW MONEY, ETC. § (2705-1).
missioners in liquidation of said notes or other obligations. [1882, January
19: 79 v. 54, 55; Rev. Stat. 1880; 67 v. 86, § 666.]
See ? (2711-16).
See case of Dunham ex rel. v. Opes, 3 C. C. 274, in note to 2 2686. Rhoades v. Toledo, 6 C. C. 9, 17.
(2705-1) SEC. 1. [Cincinnati deficiencies for bonds in anticipation of
assessments.] In cities of the first grade of the first class, whenever deficien-
cies exist in the funds raised for the payment of bonds issued in anticipation
of the collection of assessments to pay the cost of improvements, by reason of
final decrees of court reducing such assessments, or by reason of the unpaid and
unprovided city's portions of the cost of such improvements, or by erroneous
and insufficient calculation of the assessments made, it shall be lawful for the
city auditor of such city to draw a voucher on the board of trustees of the sink-
ing fund of such city, for such deficiencies, and it is hereby made the duty of
said board to pay such vouchers, and charge same to an account to be called
"assessment improvement deficiency fund. And the city auditor shall place
said payments to the credit of the sinking fund kept for the payment of the
bonds issued for such improvements. [91 v. 647.]
""
(2705-2) SEC. 2. [Bonds to reimburse such payment.] To provide a
fund to reimburse the said board of trustees of the sinking fund for such pay-
ment, it is hereby made the duty of the city auditor, and of the other munici-
pal authorities hereinafter named, on the receipt of a formal request from the
board of trustees of the sinking fund so to do, to issue the bonds of the said city
in such amounts as may be necessary to discharge the aforesaid "assessment
improvement deficiency fund." Said bonds shall run not more than thirty
years from their date, shall bear interest at a rate not to exceed four per centum
per annum, and shall be signed by the mayor, the president of the board of
administration and the city auditor, and shall be sold under the laws applica-
ble to the sale of other municipal bonds. Said bonds shall be secured by a
pledge of the faith of such city, and by a tax which it shall be the duty of the
board of legislation, annually, to levy upon all the taxable property on the
grand duplicate, within the limits of such city, and which shall be sufficient to
pay the interest on said bonds, and to provide a sinking fund to redeem the
same at maturity, and said tax shall be in addition to the amount now author-
ized by law. [91 v. 647.]
(2705-3) SEC. 1. [Columbus certificates of debt to postpone im-
provement bonds.] That, for the purpose of enabling cities of the first grade of
second class to postpone the issue of bonds that may be authorized by law for
any purpose, until the completion of the work for which such issue is required,
the councils of said cities, upon the recommendation of the boards of public
works of such cities, may by general ordinance authorize the auditors, comp-
trollers, or other financial officers as the case may be, of said cities to issue from
time to time as such work progresses, to raise money to pay the estimates for
the costs and expenses of such work as they may become due and payable,
certificates of indebtedness of such cities, as hereinafter set forth. [88 v. 425.]
(2705-4) SEC. 2. [Certificates in anticipation of revenues; amount
of.] That the councils of said cities, upon the recommendation of the boards
of public works thereof, may by general ordinance authorize the said auditors,
comptrollers, or other financial officers as the case may be, of said cities from
time to time to issue certificates of indebtedness of such cities, as hereinafter
set forth, in anticipation of the revenues of such cities, and not to exceed in
the aggregate the amount of such revenues, for the purpose of borrowing such
sums of money as may be necessary to meet expenditures under the appropria-
tion of each current year. [88 v. 425.]
1492
§ (2705—5).
POWER TO BORROW MONEY, ETC. Tit. XII,Div.9, Ch.2.
(2705-5) SEC. 3. [By whom signed; interest; certificates to be first
offered to sinking fund; offered to creditors.] The certificates of indebted-
ness herein authorized shall be signed by the mayors and said auditors, comp-
trollers, or other financial officers as the case may be, of said cities; shall bear
such rate of interest as said councils in said ordinances may determine, not to
exceed, however, six per centum per annum; and shall be payable upon call
out of the proceeds of the bonds or the revenues in lieu, or in anticipation, of
'which they may be issued and the moneys arising from the issue of such certifi-
cates shall be applied exclusively for the purpose for which such certificates
may be issued. Such certificates shall be first offered to the commissioners of
the sinking fund of such cities, and if not taken by them shall be sold by such
auditors, comptrollers or other financial officers, at not less than par to the
highest bidder, after the sale thereof has been advertised for a period of ten
days in a newspaper published and of general circulation in the said cities,
said sale, however shall not take effect until approved by said boards of public
works; and said ordinances may authorize said auditors, comptrollers, or other
financial officers as the case may be, of said cities, in case of failure to sell said
certificates of indebtedness as herein provided, to issue said certificates at par to
the creditors of said cities in payment of the estimates and claims held by
them in the discharge of which the moneys, that would have arisen had said
certificates sold, would have been applied. [88 v. 425.]
(2705-6) SEC. 4. [Sec. 2702 not to apply.] That the provisions of
section 2702 of the Revised Statutes of Ohio shall not apply in cases where said
cities are authorized by law to sell bonds or levy assessments in order to pay
for any improvement, and in all cases where the provisions of said section 2702
are inconsistent with the provisions of this act; and to the extent herein men-
tioned, the provisions of said section 2702 are repealed but not otherwise.
[88 v. 425.]
SEC. 2706. [Form and requisites of municipal bonds, etc.] All bonds,
notes or certificates of indebtedness issued by municipal corporations shall be
signed by the mayor and by the auditor, comptroller or the clerk thereof, and
be sealed with the seal of the corporation; and when issued for street improve-
ments shall have the name of the street or portion thereof so improved, and for
which the same were issued, legibly written or printed upon them. [1883,
March 21: 80 v. 66; Rev. Stat. 1880; 66 v. 86, § 666.]
See note to Ampt v. Cincinnati, 3 N. P. 184; 4 O. D. 237, at beginning of this chapter.
SEC. 2707. [Bonds may have coupons attached.] Bonds issued as pro-
vided in this chapter may, in the discretion of the council, have interest coupons
attached. [66 v. 262, § 667.]
SEC. 2708. [Character of bonds in certain cases.] Where the corpora-
tion is divided into districts for sewerage purposes, bonds issued for money bor-
rowed to pay the expense of constructing or repairing sewers in any such dis-
trict, shall have the name and number of the district for which they are issued
legibly written or printed upon them. [66 v. 262, § 668.]
SEC. 2709. [Municipal bonds first offered to sinking fund trustees.]
Whenever any municipal corporation issues its bonds, it shall first offer them
at par and accrued interest to the trustees or commissioners, in their official
capacity, of the sinking fund, or, in case there are no such trustees or commis-
sioners, to the officer or officers of such corporation having charge of its debts,
in their official capacity, and only after their refusal to take all or any of such
bonds at par and interest, bona fide for and to be held for the benefit of such
corporation, sinking fund or debt, shall such bonds, or as many of them as re-
main, be advertised for public sale.
[Not to be sold for less than par value.] In no case shall the bonds of
the corporation be sold for less than their par value; nor shall such bonds,
1493
Tit. XII, Div.9,Ch.2. POWER TO BORROW MONEY, ETC.
SS 2710-2711.
when so held for the benefit of such sinking fund or debt, be sold, except when
necessary to meet the requirements of such fund or debt.
[Sold to highest bidder after notice by publication.] All sales of bonds,
other than to the sinking fund, by any municipal corporation, shall be to the
highest and best bidder, after thirty days' notice in at least two newspapers
of general circulation in the county where such municipal corporation is situ-
ated, setting forth the nature, amount, rate of interest and length of time the
bonds have to run, with time and place of sale. Additional notice may be
published outside of such county by order of the corporation council.
[When may be sold at private sale.] Provided, however, when any such
bonds have been once so advertised and offered for public sale, and the same,
or any part thereof, remain unsold, then said bonds, or as many as remain un-
sold, may be sold at private sale at not less than their par value, under the
direction of the mayor and the officers and agents of the corporation by whom
said bonds have been, or shall be prepared, advertised and offered at public sale.
[Refunding of corporate indebtedness.] Provided further, that when it
shall appear to the trustees or council of any municipal corporation to be for
the best interests of such corporation to renew or refund any bonded indebted-
ness of such corporation which shall not have matured, and thereby reduce
the rate of interest thereon, such trustees or council shall have authority to issue
for that purpose new bonds, with semi-annual interest coupons attached, and
to exchange the same with the holder or holders of such outstanding bonds,
if such holder or holders shall consent to make such exchange and to such re-
duction of interest,
[Rates of interest.] But the rate per annum of interest on any such new
bonds thus issued in exchange by any city of the first class, or by any city of
the first or second grade of the second class, shall not exceed four and one-half
(43) per cent., and by any other city shall not exceed five (5) per cent., and
by other municipalities shall not exceed five and one-half (5) per cent.; such
new bonds shall not in any case be so issued in an amount in excess of such
outstanding bonded indebtedness so to be renewed or refunded, and may be
in such denominations and payable at such time or times and at such place as
may
be determined by such trustees or council. [93 v. 340; 91 v. 383; 88 v. 66;
87 v. 269; 80 v. 168; Rev. Stat. 1880; 66 v. 263, Sec. 670.]
Urbana bonds may be sold at private sale if unsold at public sale. [87 v. 298.]
Sale of bonds issued by West Salem for town hall purposes subject to, see 93 v. 512.
Where a town was restrained from selling its stock for less than its par value, this did not prevent a sale
on credit, provided the sales amounted to the par value of the stock: Newark v. Elliott, 5 O. S. 113.
SEC. 2710. [Disposition of unappropriated funds.] Any money belong-
ing to the corporation and not specifically appropriated by law, shall be used
for the purpose of reducing the funded debt of the corporation, if there be one;
and if there be none, it shall be credited to the general improvement fund,
except in cities of the first grade of the first class it shall be credited to the
sinking fund.
SEC. 2711. [Exchange of coupon for registered bonds.] Each city of
the first grade of the first class shall, on demand of the owner and holder of
any of its coupon bonds heretofore or hereafter issued, issue in lieu thereof
registered bonds of such city, which shall be of the same denomination, bear
the same rate of interest, and be payable at the same time, both as to interest
and principal, as the coupon bonds for which they are exchanged; such coupon
bonds when so exchanged, shall be canceled and destroyed in the manner pro-
vided for bonds redeemed; a book shall be kept in each of the offices of the
auditor and treasurer of such city, in which shall be entered the date, number,
series, denomination, and owner of such registered bonds, and the number and
series of the coupon bond for which it was exchanged; the interest and princi-
pal of such registered bonds shall, when due, be paid only to the order of the
1494
§ (2711-1).
POWER TO BORROW MONEY, ETC. Tit.XII,Div.9,Ch.2.
person, corporation, or firm who appears by such books to be the owner thereof;
and such registered bonds may be transferred on such books by the owner in
person, or by a person authorized so to do by power of attorney, duly executed;
and in such case the power of attorney shall be filed and carefully preserved in
the office of the treasurer of the city; that the exchange and registering of bonds
required by this act shall be transacted by the trustees of the sinking fund of
such city at their business office, where a registry shall be kept for that pur-
pose; but no bond so issued in exchange for other bonds shall be of a smaller
denomination than one thousand dollars, unless and to the extent that the
bonds offered for exchange are themselves of smaller denomination than one
thousand dollars, and in no case shall such new bonds, when of denomination
smaller than one thousand dollars, be for any other denomination than five
hundred dollars. If, in the opinion of said trustees, it shall be expedient for
the interests of the city to establish a registry in aid of the general purpose, in
one or more other cities, under such regulations as they shall from time to
time prescribe, they shall have authority to establish such registry and cause
it to be conducted under regulations prescribed by them; but no bond, in lieu
of a bond returned for cancellation, shall be issued, either at the office of the
trustees of the sinking fund or at any registry established by them, until the
same shall have been registered at the registry herein provided for, at the office.
of the trustees of the sinking fund of the city issuing the same. Should the
trustees of the sinking fund of such city determine it to be expedient, for the
safe and convenient transaction of the duties of their trust, to obtain registered
bonds, in lieu of the bonds of the city for which they act belonging to the
sinking fund, they may have such registered bonds for the sinking fund issued
in sums corresponding with the aggregate amount of the bonds exchanged,
which bear the same rate of interest and are payable, both as to principal
and interest, at the same time as the bonds exchanged. The bonds and coupons
so exchanged for registered bonds, and all other bonds and coupons issued by
such city, as to which both the bonds and coupons belonging to it have been
fully paid, shall be canceled and destroyed by the trustees of the sinking fund,
in the presence of not less than three of their number, who shall at the time
sign a certificate containing a description of the bonds and coupons so canceled
and destroyed, of the fact and method of destroying the same, the place and
time thereof, and that they were respectively witnesses of the transaction, stat-
ing who, if any others, were present; and such certificate shall be preserved in
such manner as said trustees shall provide in connection with their other pro-
ceedings. [1881, February 17: 78 v. 30; Rev. Stat. 1880;. 76 v. 86, §1.]
(2711-1) SEC. 1. [City of Hamilton expense bonds; not to antici-
pate taxes.] Cities of the third grade b of the second class be and they are
hereby authorized and empowered to issue bonds to the amount of eighty
thousand dollars, for the purpose of providing the necessary means to pay the
running expenses of the municipal government; and they are hereby prohibi-
ted from receiving advances on taxes, as provided in section 1123, and of bor-
rowing money or issuing bonds in anticipation of the collection of any regu-
lar annual levy. [91 v. 531.]
(2711-2) SEC. 2. [Amount; issue; denomination; interest.] That
for the purpose of raising funds with which to pay the necessary expenses of
the municipal government for a period of six months, to prohibit the antici-
pation of taxes in the future, and to prevent the obtaining of advances from
the county treasurer before the semi-annual settlements, the city council of said
cities are hereby authorized and empowered to issue the bonds of such cities
in an amount not exceeding eighty thousand dollars. Said bonds shall be is-
sued at such time as the council of any such city may determine. Council
shall issue said bonds in conformity with section 2706 of the Revised Statutes of
1495
Tit. XII,Div.9.Ch.2. POWER TO BORROW MONEY, ETC. § (2711-3).
Ohio, and sell said bonds under the provisions of section 2709 of the Revised
Statutes, and all other laws in such cases made and provided. Said bonds, with
interest-bearing coupons attached, shall be issued in denominations of not less
than five hundred nor more than one thousand dollars, and shall bear a rate of
interest not exceeding five per cent. per annum, interest payable semi-annually,
and the principal and interest payable at the city treasurer's office of said city,
bonds to be redeemable at any time within twenty years from the date of issue,
said bonds to be known and designated as "sinking fund bonds A." [91 v.531]
(2711—3) SEC. 3. [Disposition of proceeds.] When said bonds are sold
the proceeds thereof shall be distributed to the various funds of such city, as
follows: To the general expense fund, thirteen thousand dollars; to the fire
department fund, ten thousand dollars; to the street fund, fifteen thousand
dollars; to the light fund, ten thousand dollars; to the police fund, ten thou-
sand dollars; to the library fund, one thousand dollars; to the contingent fund,
one thousand dollars; to the water-works sinking fund, ten thousand dollars;
to the sinking fund, ten thousand dollars, together with the premium and ac-
crued interest, if any. When said amount shall have been placed to the credit
of said funds, it shall be used only for the actual and necessary expense and
salaries usually paid out of said funds, and shall not be diverted or used for
contracts or improvements beyond those usual and incidental to the particular
departments to which these funds are applicable. [91 v. 531.]
(2711-4) SEC. 4. [Taxes not to be anticipated.] On and after the
passage of this act it shall be unlawful for any city of the third grade b of the
second class to demand or receive any advance payments of taxes, as provided
for in section 1123 of the Revised Statutes of Ohio; and said section 1123, in
so far as it is in conflict with the provisions of this act, is hereby repealed.
[91 v. 531.]
(2711-5) SEC. 5. [Same.] That on and after the passage of this act it
shall be unlawful for any city of the third grade b of the second class to make
any loan in anticipation of the "general revenue fund," as provided in section
2700, or for "sanitary or street cleaning purposes," as provided in section 2685,
or to issue any bonds in anticipation of a tax, provided for in sections 2683,
2685 and 2700; and said sections 2683, 2685 and 2700, in so far as they are in
conflict with this act, are hereby repealed. But nothing in this act shall be
construed to prevent the municipalities from borrowing money in anticipation
of the collection of any special assessment for any improvement authorized in
fourth chapter of the seventh division of title twelve of the Revised Statutes,
or from issuing bonds, under section 2701 of the Revised Statutes of Ohio.
[91 v. 531.]
(2711-6) SEC. 6. [Definitions.] That the word "bond" or "bonds,"
as used in this act, includes loans and certificates of indebtedness; and the
word " loan" or "]
loans" include bonds and certificates of indebtedness. [91
v. 531.]
(2711-7) SEC. 7. [Future bonds.] That after the passage of this act it
shall be unlawful for any city of the third grade b of the second class to issue
any bonds whatsoever, except those provided for in this act, and hereinafter
provided for, without first complying with section 2837 of the Revised Statutes,
as amended April 21, 1893. [91 v. 531.]
(2711-8) SEC. 8. [Health emergencies.] That in cases of epidemic,
or when, in the opinion of the board of health of any such city, it is deemed
necessary and expedient for the public health, and for the preservation of life,
and when there are not sufficient funds available with which to put the city in
a good sanitary condition, the council of any such city is hereby authorized
1496
§ (2711-9).
POWER TO BORROW MONEY, ETC. Tit.XII,Div.9, Ch.2.
and empowered to issue the bonds of said city in any amount deemed neces-
sary, and to sell them at private sale, if the case is urgent; but in no case shall
they be sold for less than their par value; provided, however, before any bonds
are issued, as authorized in this section, the board of health shall make a writ-
ten request of the council, stating its reasons for asking the issue of bonds, and
the amount necessary, and said request, before being presented to said council,
shall receive the written indorsement of the state board of health that said
request is necessary and ought to be granted. [91 v. 531.]
(2711-9) SEC. 9. [Tax to pay off bonds and interest.] That city
councils of cities of the third grade b of the second class, when bonds are issued
under the provisions of this act, shall levy annually upon all the taxable
property in such cities, a tax sufficient in rate and amount to pay the accruing
interest on said bonds, and to provide a sinking fund to pay said bonds at ma-
turity, and such levy may be in addition to all other taxes authorized to be
levied for any and all purposes in said cities. And the officer having charge of
the public funds of said city shall, at the semi-annual settlement between the
city and county treasury, take from each fund enumerated in section 3
[§ (2711-3)] of this act, five per cent. of the taxes collected, and place to the
credit of the said "sinking fund A" to be used in paying the interest on said
bonds and the principal when it becomes due. [91 v. 531]
(2711-10) SEC. 10. [Election as to issue of bonds.] That when a
special election is held to vote upon the issue of bonds, there shall be but one
voting precinct in each ward, which precinct shall be centrally located and
designated by the board of elections of said city, which shall give not less than
ten days' notice in each of the daily newspapers in said city, notifying the
electors of the place of holding the election, and that there will be but one
voting precinct open in each ward, and that certificates of removal will not he
required, except where transfers are necessary from one ward to another ward.
That the board of elections of said city, at special elections for voting upon the
issue of bonds, shall, and is hereby authorized and empowered to issue all
"removal certificates" required to be issued by the registrars under section
2926k, except from one precinct to another in the same ward, which under this
section shall not be required at said special election; and perform all the duties
required of the registrars incident thereto, and said section 2926k, in so far as
it is inconsistent with this act, is hereby repealed. [91 v. 531.]
(2711-11) SEC. 1. [Village refunding bonds.] That any incorporated
village which has heretofore issued its bonds to borrow money to be applied to
the improvement and for the benefit of said village, may refund such indebted-
ness, if the same can be done at no higher rate of interest, but not otherwise.
[88 v. 100.]
(2711-12) SEC. 2. [Time, form, and amount of bonds.] For the pur-
pose of such refunding, the said village shall have power to issue its bonds for
such length of time, not exceeding twenty years, and at such a rate of interest
not exceeding five per cent. per annum, payable semi-annually, as the council
may determine. They shall be signed by the mayor of the village, counter-
signed and registered by the clerk, and shall be of one denomination to be
determined by council, and payable in such years and amounts and at such
place as council by ordinance may prescribe. The bonds issued shall in no
event exceed in amount the bonds already outstanding. [88 v. 100.]
(2711-13) SEC. 3. [Exchange or sale of the bonds.] Such bonds may
be exchanged at par for the bonds outstanding; or they may be sold for cash
at not less than par. But no bonds shall be sold until the holders of bonds
1497
Tit. XII,Div.9,Ch.2. POWER TO BORROW MONEY, ETC. § (2711—14).
outstanding shall have deposited their bonds for refunding under this act,
with such person or bank as the village council may designate; and no more
shall be sold than shall be necessary to take up the bonds so deposited. And
the money so raised shall be applied to no other purpose. [88 v. 100.]
(2711-14) SEC. 4. [Tax to pay same.] To provide for the payment of
the bonds herein authorized, and of the interest thereon, as the same be-
come due, the said council is hereby authorized and empowered to levy an
annual tax, on all the taxable property of such village, for such an amount as
may be necessary, not exceeding two mills above the maximum authorized by
law, which levy shall be placed on the duplicate by the auditor of the county,
collected as other taxes, and when collected paid to the treasurer of such vil-
lage. [88 v. 100.]
(2711-15) SEC. 5. [Cancellation of redeemed bonds.] The bonds re-
deemed shall not be again issued, and council shall provide for the public can-
cellation of the same immediately upon redemption. And bonds not yet due
as well as those due may be refunded under this act. [88 v. 100.]
New Philadelphia-Refunding bonds with consent of owners in order to extend the
time of payment and reduce the rate of interest. 79 v. 125.
(2711-16) SEC. 1. [Cleveland bonds in anticipation of assessments.]
Cities of the second grade of the first class shall, for the purposes specified in
sections 2263 and 2264 of the Revised Statutes of Ohio, have power to issue
the bonds of the corporation for any sum, not exceeding in the aggregate one
hundred and fifty thousand dollars ($150,000.00), agreeable to the provisions.
of section 2705 of said Revised Statutes, save that the bonds may be issued
before instead of after the special assessment therein mentioned is made. [87
v. 94.]
(2711-17) SEc. 2. [Form, etc., of.] Said bonds, except as indicated
in section 1 [§(2711—16)] of this act, shall in all other respects conform to the
requirements of chapter 2, division 9, title 12, of the Revised Statutes of Ohio.
[87 v. 94.]
Cincinnati-University bonds. 90 L. L. 269.
(2711-18) SEC. 1. [Bonds to be registered in certain cities.] In
cities of the first grade of the first class, all bonds issued by the city shall, be-
fore the said bonds become valid in the hands of any purchaser, be registered
in the office of the sinking fund trustees, and shall bear the stamp of said board
of sinking fund trustees, containing the words "registered in office of sinking
fund trustees," signed by the clerk. The register shall show, date of issue, for
what purpose issued, rate of interest, amount of issue, when due, interest where
payable. [1889, April 12; 86 v. 274.]
(2711-19) SEC. 2. [Exceptions.] The provisions of this act shall not
apply to bonds issued prior to the passage of this act. [1889, April 12: 86 v.
274.1
See ? 2729a as to sinking fund trustees in cities of the first grade, first class.
(2711-20) SEC. 1. [Registration of bonds.] Any city, village, county
or school district of this state, which has been or hereafter may be authorized
to issue bonds, shall, on demand of the owner and holder of any of its coupon
bonds heretofore or hereafter issued, issue in lieu thereof registered bonds of
such city, village, county or school district; the owner and holder asking for
exchange of bonds shall pay a reasonable compensation to cover expense of
such exchange, which shall be of the same denomination, in excess of five hun-
dred dollars, as the owner or holder may desire, bear the same rate of interest,
and be payable at the same time, both as to interest and principal, as the coupon
1498
§ (2711-21).
POWER TO BORROW MONEY, ETC. Tit. XII, Div.9,Ch.2.
bonds for which they are exchanged; such coupon bonds, when so exchanged,
shall be cancelled and filed in the manner provided for bonds redeemed; a
book shall be kept in each of the offices of the auditor and treasurer of any such
city, clerk and treasurer of any such village, auditor and treasurer of any such
county, and clerk of the board of education of any such school district, in
which shall be entered the date, number, series, denomination, and owner of
such registered bonds, and the number and series of the coupon bond for which
it was exchanged; the interest and principal of such registered bonds shall,
when due, be paid only to the order of the person, corporation or firm who ap-
pears by such books to be the owner thereof; and such registered bonds may
be transferred on such books by the owner in person, or by a person authorized
so to do by power of attorney, duly executed; and in such case the power of
attorney shall be filed and carefully preserved in the office of the treasurer of
any such city, village, county or school district, that the exchange and register-
ing of bonds required by this act shall be transacted by the mayor and clerk
of any such city or village, the auditor and treasurer of any such county, and
the president and clerk of the board of education of any such school district,
at their business offices, and they shall keep a registry for that purpore; that
the exchange and registering of bonds required by this act shall be transacted
by the trustees of the sinking fund of such city at their business office, where
a registry shall be kept for that purpose; but no bond so issued in exchange
for other bonds shall be of a smaller denomination than one thousand dollars,
unless and to the extent that the bonds offered for exchange are themselves of
smaller denomination than one thousand dollars, and in no case shall such new
bonds, when of denomination smaller than one thousand dollars, be for any
other denomination than five hundred dollars. No bond, in lieu of a bond re-
turned for cancelation, shall be issued until the same shall have been registered
as herein provided. The bonds and coupons so exchanged for registered bonds,
and all other bonds and coupons issued by such city, as to which both the
bonds and coupons belonging to it have been fully paid, shall be canceled and
destroyed by the mayor and clerk of any city or village issuing the same, the
auditor and treasurer of the county, president and clerk of the board of educa-
tion issuing the same, who shall at the time sign a certificate containing a de-
scription of the bonds and coupons so canceled and destroyed, of the fact and
method of destroying the same, the place and time thereof, and that they were
witnesses of these transactions, stating who, if any others, were present, and
such certificate shall be preserved in such manner as said officers may provide.
[91 v. 363.]
(2711-21) SEC. 1. [Municipalities may borrow money and issue
bonds to pay for improvements constructed or contracted for under un-
constitutional acts.] The council of any village of said state are [is] hereby
authorized and empowered to provide by ordinance, three-fourths of the mem-
bers elected thereto concurring therein, for borrowing money and issuing
bonds, or certificates of indebtedness therefor, for the purpose of paying for
any improvements heretofore made by said villages, acting under any law that
may have been declared unconstitutional subsequent to such improvement
having been made, or such obligation having been incurred under such uncon-
stitutional law; provided, such village has received the benefit of such im-
provement. [93 v. 297.]
(2711-22) SEC. 2. [Interest, etc.] The bonds or certificates of in-
debtedness herein provided for, whether they be bonds or certificates of indebt-
edness, to bear interest not to exceed six per cent. per annum, payable annually,
and payable at such time or times as the council may by ordinance determine.
[93 v. 297.]
(2711-23) SEC. 3. [Money to be borrowed limited to amount of
outstanding bonds, etc.] The amount so borrowed, and the interest thereon,
1499
Tit. XII, Div. 9, Ch. 3.
SINKING FUND.
§ (2711-24).
shall not exceed the amount of outstanding bonds, obligations, or claims, so
contracted under such unconstitutional act. The money so borrowed shall be
placed to the credit of the proper fund, and used only for the purpose of re-
deeming any such indebtedness or obligations so outstanding. [93 v. 297.]
(2711-24) SEC. 4. [By what laws proceedings of council governed.]
The proceedings of any such council, acting hereunder, shall be governed by
chapter two (2), division nine (9), chapter [title] twelve (12), so far as the same
may be applicable. [93 v. 297.]
CHAPTER 3.
SINKING FUND.
Levy for sinking fund shall be upon property
of districts benefited.
SECTION
2729d. Security provided for the payment of certain
bonds not to be impaired while the sinking
fund is insufficient for their payment.
Appointment of clerk by the trustees of sinking
fund in cities of first\grade, first class.
Provisions of certain sections Revised Statutes re-
lating to cities of first grade, first class, made
applicable to cities of third grade, first class,
and first grade, second class.
SECTION
2712.
Tax for creating a sinking fund.
2713.
2714.
Such levy to be certified to auditor.
2729e.
2715.
Trustees.
2716.
Bond of trustees.
2729f.
2717.
Organization of board.
2718.
Meetings: record of proceedings.
2719.
Duty of trustees with respect to bonded in-
debtedness of city.
2729g (1).
2720.
Auditor's report to trustees; Columbus: bond
of city treasurer.
2729h (1).
2721.
Report of trustees to council; duty of council.
2721a. Report of trustees to board of legislation in
27291 (1).
2729g (2).
Cincinnati.
2722.
How funds to be invested.
2723.
Payment of bonds, interest, etc.
2724.
How money to be drawn and deposited.
2725.
2726.
Duty of trustees with respect to Cincinnati
Southern Railway bonds.
cinn
2727.
2728.
2729.
2722-1. Investment of sinking fund in Youngstown.
Trustees to have charge of bonds issued for
improvement of private property.
Trustees to collect rents. etc., due the city.
Power of trustees to make investigations, etc.
Power with respect to wharf properta, etc.
2729a. Sinking fund commissioners in cities of the first
grade, first class, authorized to issue certain
bonds for certain purposes,
27296. Lettering and numbering of bonds issued for cer-
tain purposes; application of proceeds; security
for bonds.
2729d. Security provided for the payment of certain bonds
not to be impaired while the sinking fund is in-
sufficient for their payment.
2729h (2).
2729i (2).
2729-1.
•
Bonds issued by sinking fund trustees in
Columbus.
As to letting of same, etc.
Applicability of certain sections.
Cincinnati consolidated sinking fund
bonds; interest, redemption, sale, etc.
Purpose of above amount; renewal; taxes.
Registration of bonds issued under ? 27296;
transfers; interest.
Trustees in Cincinnati to be custodians of
funds held for performance of contracts.
2729-2. Redemption of street improvement bonds
in Cleveland.
2729-3. Improvement funds in villages of Cuyahoga
County.
2729-4. Bond.
2729-5. Organization
2729-6. Meetings.
2729-7. Record of bonds.
2729-8. Trustees to be custodians of funds; deposit
of money.
Investments.
2729-9.
2729-10. Payment, interest and redemption of bonds.
2729-11. How money to be drawn from bank, etc.
For "an act to acquire the registration of bonds with sinking fund trustees in cities of
the first grade, first class," (86 v. 274), see ? (2711—18) et seq.
Creation of gas works sinking fund in municipalities not having sinking fund trustees,
*see ? 2491ƒ.
SEC. 2712. [Tax for creating a sinking fund.] For the purpose of
creating a sinking fund for the gradual extinguishment of the bonds and
funded debt of a municipol corporation, the council may, annually, until pay-
ment of the bonds and funded debt be fully provided for, levy and collect, in
addition to the other taxes of the corporation, a tax which shall not be less
than one mill, nor exceeding three mills, upon the taxable property in the cor-
poration, which taxes shall be paid into the treasury, and applied, by order of
the council, or if there be a board of sinking fund trustees in such corporation,
by the order of said trustees, to the extinguishment of the bonds and funded
debt, and to no other purpose whatever. [93 v. 338; 66 v. 263, § 672; (S. & S.
796; S. & C. 1522).]
1500
§§ 2713-2718.
SINKING FUND.
Tit. XII, Div. 9, Ch. 3.
SEC. 2713. [Levy for sinking fund shall be upon property of districts
benefited.] The levy to provide a sinking fund for the redemption of bonds
issued for sewerage purposes shall, where the corporation is divided into sewer
districts, be upon the property of the district for which the bonds were issued.
[66 v. 263, § 673.]
SEC. 2714. [Such levy to be certified to auditor.] The tax so levied
shall be certified to the auditor of the county wherein the corporation is situ-
ated, to be placed on the county tax-list, and collected as other taxes; and such
taxes shall be a lien on the property whereon they are assessed, the same as
state and county taxes, and subject to the same penalties if delinquent. [66 v.
263, § 674.]
SEC. 2715. [Trustees in Cincinnati, Toledo, and Columbus.] In
cities of the first and third grades of the first class, and of the first grade of the
second class, there shall be a board designated as the trustees of the sinking
fund, composed of five citizens thereof to be appointed by the superior court of
any such city, if there be one in such city, and if there be none then by the
court of common pleas of the county in which such city is located. Said trus-
tees shall serve without compensation. In cities [in] which such board has
not been organized the first appointment shall be one for the term of one year,
one for two years, one for three years, one for four years, and one for five years;
and all trustees thereafter appointed shall serve for five years, except in case of
vacancy, which shall be filled by the court for the unexpired time. [89 v. 224;
80 v. 139; Rev. Stat. 1880; 74 v. 157, § 1.]
For "an act to reorganize and consolidate cities of the first grade of the second class
(Columbus), and to reduce the tax levy of said cities," see 82 v. 54.
As to the constitunality of said act, see State v. Pugh, 43 C. S. 98; State v. Cincinnati, 52 O. S. 419, 452.
SEC. 2716. [Bond of trustees.] Before any person, appointed as a mem-
ber of such commission, assumes the duties of his office, he shall give bond, in
cities of the first grade of the first class, in the sum of one hundred thousand
dollars, and in cities of the third grade of the first class, and in cities of the first
grade of the second class in the sum of fifty thousand dollars, with not less than
two sureties faithfully to discharge such duties. [1883, April 16: 80 v.139;
Rev. Stat. 1880; 74 v. 157, §2.]
See State v. Pugh, 43 O. S. 98.
SEC. 2717. [Organization of board.] The trustees shall, immediately
after their appointment and qualification, organize by appointing one of their
number as president, another as vice-president who shall in the absence or dis-
ability of the president perform his duties and excrcise his powers, and unless
otherwise specially provided by law the auditor of the city shall act as secre-
tary until a clerk of such board shall have been appointed who shall act as sec-
retary; and the office of the board shall be in some place to be provided by the
council, unless by a vote of the board some other place be provided by them
without expense to the city. [93 v. 338; 74 v. 157, § 2.]
See ? 2729f.
Section 2 of the act of 1883, April 16 (80 v. 139, 141), reads as follows:
*
"SEC. 2. That the provisions of 22 2717, 2718, 2719, 2720, 2723, 2725, 2727, 2828, and 2729, (a), (b), (c), (d) and
(e), chapter three (3), title twelve (12), division nine (9), of the revised statutes of Ohio, relating to cities of the
first grade of the first class, are hereby made applicable to cities of the third grade of the first class, and cities
of the first grade of the second class; and said original ¿? 2715, 2716, 2721, 2722, 2724 and 2729 are hereby
repealed."
It was repealed 1885, January 29 (82 v. 9, 11).
SEC. 2718. [Meetings: record of proceedings.] Regular meetings shall
be held in each year and at such time as the board may determine; but meet-
ings may be called by the president, or any three members of the board; the
proceedings shall be recorded in a journal kept for that purpose, which shall,
1501
Tit. XII, Div. 9, Ch. 3.
SINKING FUND.
§§ 2719-2721a.
at all times, be open to the public; and all questions relating to the purchase
or sale of securities, payment of bonds or interest or involving the payment
or appropriation of money, shall be decided by a viva voce vote, with the names
of each member voting recorded on the journal, and no question shall be de-
cided unless [approved] by a majority of the whole board. [93 v. 338; 74 v.
158, § 2.]
See ? 2729f.
See note to ? 2717.
SEC. 2719. [Duty of trustees with respect to bonded indebtedness of
city.] The city auditor shall, upon demand of the board, report to it a full and
detailed statement of the outstanding indebtedness of the city for bonds issued,
and the board shall take charge of, and keep a full record of the same, and
report to the council, at least once a year, a full and detailed statement of the
same, together with a statement of their investments, and general financial busi-
ness for the city, which shall be published in the annual report. [74 v. 158,
§3.]
See ? 2729ƒ.
See note to ? 2717.
SEC. 2720. [Auditor's report to trustees.] The city auditor shall, upon
the demand of the board, report to it balances belonging to the city, to the
credit of the sinking fund, interest account, or for any bonds issued for or by
the city; and all officers or persons having the same shall immediately pay the
same over to the trustees of the sinking fund, who shall deposit them in such
place as a majority of such board shall select;
[Columbus.] Provided, that in cities of the first grade of the second class,
all such balances shall remain in the city treasury to the credit of the sinking
fund and shall be drawn out as provided in section 2724;
[Bond of city treasurer.] And the city treasurer of such cities shall give
bond to the state of Ohio in the sum of fifty thousand dollars for the faithful
performance of his duties, as the custodian of such funds. [93 v. 338; 74 v.
158, §4.]
See ? 2729ƒ.
See note to ? 2717.
SEC. 2721. [Report of trustees to council; duty of council.] The
trustees of the sinking fund in cities other than those of the first grade of the
first class, shall in the month of May in each year, or as soon thereafter as
possible, certify to the city council the rate of tax necessary to provide a sink-
ing fund for the future payment of the bonds issued by the city, and for the
payment of judgments final against the city, except in condemnation of prop-
erty cases, which rate shall not exceed in any year the sum of one mill; also
the amount necessary to be levied to provide for the payment of the interest
on all the bonded indebtedness of the city, and the rents due on all perpetual
leaseholds of the city not payable from special funds; and the city council shall
place the several amounts so certified in the tax ordinance before and in pref-
erence to any other item, and for the full amount certified. [93 v. 258; 80 v.
139; 80 v. 13; Rev. Stat. 1880; 74 v. 158, § 5.]
See State v. Pugh, 43 O. S. 98.
SEC. 2721a. [Report of trustees to board of legislation in Cincinnati.]
The trustees of the sinking fund in cities of the first grade of the first class
shall, in the month of May in each year, or as soon thereafter as possible, cer-
tify to the board of legislation the rate of tax necessary to provide a sinking
fund for the future payment of the bonds issued by the city, and for the pay-
ment of judgments final against the city, except in condemnation of property
cases; also the rate of tax necessary to provide for the payment of the interest
on all the bonded indebtedness of the city, and the rents on all perpetual lease-
1502
S$ 2722-2724.
SINKING FUND.
Tit. XII, Div. 9, Ch. 3.
holds of the city not payable from special funds, and the several rates so certi-
fied shall be included in the tax ordinance before, and in preference to any other
item, and for the full amount certified. Said taxes shall be in addition to the
amount authorized to be levied for other municipal purposes, and shall be suffi-
cient in connection with other available means to provide the money for the
full payment of the said judgments, interests and rents as they become due,
and for the final redemption of said bonds. [93 v. 259.]
Maximum tax in Cincinnati; rate certified by virtue of this section by sinking fund
trustees is additional, see ? 2689.
SEC. 2722. [How funds to be invested.] The trustees of the sinking
fund shall invest all moneys received by them in bonds of the United States,
state of Ohio, city of Cincinnati, city of Toledo, or city of Columbus, and in
cities of the first grade of the first class they shall give preference to the bonds
of said city of Cincinnati, and in cities of the third grade of the first class they
shall give preference to the bonds of said city of Toledo, and in cities of the first
grade of the second class they shall give preference to the bonds of said city of
Columbus, when they can be purchased at a price equal to or less than the
bonds of the United States, or of the state of Ohio, taking into consideration
the rate of interest paid on each; all interest received by them shall be reinvested
in a like manner; at no time shall there be over ten thousand dollars kept
upon deposit, if investment can be made, and in cities of the first grade of the
first class all bonds of the city of Cincinnati, and in cities of the third grade.
of the first class all bonds of the city of Toledo, and in cities of the first grade
of the second class bonds of the city of Columbus, now in possession of the
trustees, or those hereafter purchased by them, excepting to the amount of
seventy-five thousand dollars, shall have written, stamped or printed conspicu-
ously across the face thereof, and on each coupon thereof the following words:
"Payable only to the order of the trustees of the sinking fund." [93 v. 339;
80 v. 139, 140; Rev. Stat. 1880; 76 v. 14, § 11.]
See State v. Pugh, 43 O. S. 98.
(2722-1) [Investment of sinking fund of Youngstown.] In addition
to the powers and authority conferred by law on the council of any city having
at the last federal census a population of eight thousand and seventy-five, such
council shall have power and they are hereby authorized to invest any portion.
of the sinking fund of said city that may have accumulated for the payment
of bonds of said city not yet due, in the bonds issued by the board of educa-
tion of said city. [75 v. 557.]
SEC. 2723. [Payment of bonds, interest, etc.] The trustees shall pro-
vide for the payment of all interest on the city bonded debt, of all judgments
final against the city, except in condemnation of property cases, of all rents on
perpetual leaseholds of the city not payable from special funds, and for bonds
falling due, and for any of these purposes only, may sell or use any of the
securities or money in their possession. [93 v. 339; 80 v. 13, 14; Rev. Stat.
880; 74 v. 159, § 6.]
See ? 2729ƒ.
For "
an act to authorize the issue of bonds to supply certain deficiencies in cities of
the first grade of the first class," see 78 v. 195.
SEC. 2724. [How money to be drawn and deposited.] Moneys shall
only be drawn by check, signed by the president of the board, and attested by
the clerk and at least two members of the board; all securities or evidences of
debt held by the trustees for the city shall be deposited in the vault of some
safety deposit company within such city, or if none exists therein, or it
shall be deemed more secure in a vault which shall be especially provided by
them in some place of safety; and when so deposited, they shall be drawn only
upon the written application of three members, and in the presence of at least
1503
Tit. XII, Div. 9, Ch. 3.
SINKING FUND.
§§ 2725-2729.
two members of the board. [1883, April 16: 80 v. 139, 140; Rev. Stat. 1880;
74 v. 159, § 7.]
In Columbus all balances belonging to city to remain in city treasury to be drawn out
as provided by this section, see 2 2720.
Death of a ward terminates the guardian's right to list, and the ward's administrator must do so. Som-
mers v. Boyd, 48 O. S. 648.
See State v. Pugh, 43 O. 8. 98.
SEC. 2725. [Trustees to have charge of bonds issued for improve-
ment of private property.] The trustees shall have charge of and receive all
moneys paid on bonds issued for the improvement of private property, or the
city's portion of the same, and shall have power in the name of the city, to
enforce the payment of any claim due the city on the same. [74 v. 159, § 8.]
See ? 2729f.
SEC. 2726. [Duty of trustees with respect to Cincinnati Southern Rail-
way bonds.] Before the trustees fix the rate of taxation for the interest on
the Cincinnati Southern Railway bonds, they may call upon the trustees of
that road for a statement of the trust, and shall have power to enforce the pro-
duction of their books and papers, and examine the same; and any securities
or property which may be in their possession, and which is not necessary to the
use of the road, shall be converted into money, and credited to the interest
account of the road; and all moneys or valuable considerations which may be
received by the trustees for the running of the road, or any part thereof, and
which are not needed for the further construction of the same, shall be received
by the trustees of the sinking fund, and credited to the interest account, as
before provided. [74 v. 159, §8 (§ 9).]
SEC. 2727. [Trustees to collect rents, etc., due city.] The trustees.
shall take charge of the collection of rents due to the city, for any property
thereof which has been leased or rented by it, and collect the rents; and in case
of failure to collect, shall, in the name of the city, prosecute the same in any
court having jurisdiction; and it is hereby made the duty of the city solicitor
to attend to such prosecutions; and all moneys so received shall be credited to
the yearly interest account of the city, and invested as other funds. [74 v. 159,
$ 10.]
See 2729f.
SEC. 2728. [Power of trustees to make investigations, etc.] The
trustees may, and upon the written application of five freeholders or taxpayers
of the city shall investigate into all transactions involving or affecting the
sinking fund in any branch or department of the city government or any
agency, depository or trusteeship thereof; and they may send for persons and
papers, issue subpoenas, and enforce the attendance of witnesses, and examine
the same under oath, and, if in the course of such investigation, the testimony
of any witness whose personal attendance can not be procured be desired, his
deposition may be taken and used in the investigation. They may employ, at
a fair compensation, competent accountants to examine any books, papers,
contracts, or other writings connected with any investigation. They shall re-
port the result of all investigations to the mayor and city solicitor, and take
such other action as they deem proper to protect the interest of the city. Wit-
nesses, constables and other officers in attendance at the investigations, con-
ducted under the provisions of this section, shall be entitled to the fees and
mileage prescribed by law for similar services; and all costs incurred under the
provisions of this section shall be paid out of the sinking fund, and be reim-
bursed to the sinking fund out of the general fund of the city not otherwise
appropriated. [93 v. 339; R. S. 1880.]
See 2729f.
SEC. 2729. [Power with respect to wharf property, etc.] The trust-
ees, on the approval of the board of public works (city commissioners), in cities
of the first grade of the first class, and on the approval of the common council.
1504
§§ 2729a-27296.
SINKING FUND.
Tit. XII, Div. 9, Ch. 3.
in cities of the third grade of the first class, and in cities of the first grade of
the second class, may on giving not less than ten days' notice by publication
in two or more daily papers of general circulation in such city, receive bids for
the lease of any wharf property, or other property not used for municipal pur-
poses belonging to the city, on such terms and for such time as they may deem
for the best interests of the city, with power to reject any or all bids; and they
may, within twenty days succeeding the expiration of such publication, lease
any part of such property, at a rate not less than the maximum offered by any
bid, without a re-advertisement. The board may also, in order to prevent loss.
of revenue during such advertisements and negotiations, rent such property,
from month to month, during such time. [1883, April 16: 80 v. 139, 140; Rev.
Stat. 1880.]
See note to ? 2717.
By the act of 1880, April 9 (77 v. 142), ? 2729c was created, reading as follows:
"SEC. 2927c. [2729c.] [No bonds to be issued until contract made.] No consolidated bonds provided for in
this act shall be made unless or until the trustees of the sinking fund shall, by unanimous vote, have first
made a contract with responsible parties, under ample security, for refunding at least a proportionate amount
of the existing debt, on terms advantageous to the city, nor shall any of them be issued for any purpose other
than the purpose herein authorized.”
It was amended 1885, January 29 (82 v. 9, 10), to read as follows:
"SEC. 2729c. [Consolidated bonds only to be issued after compliance with certain conditions.] No consolidated
bonds provided for in section twenty-seven hundred and twenty-nine (a) shall be made, unless or until the trust-
ees of the sinking fund shall, by unanimous vote, have first made a contract with responsible parties, under
ample security, for refunding at least a proportionate amount of the existing debt, ôn terms advantageous
to the city, nor shall any of them be issued for any purpose other than the purpose herein authorized.”
[April 9, 1880: 77 v. 142.]
This section was repealed 1887, March 12 (84 v. 82, 83).
See State v. Pugh, 43 O. S. 98.
SEC. 2729a. [Sinking fund commissioners in cities of the first grade,
first class, authorized to issue certain bonds for certain purposes.] The
sinking fund commissioners in cities of the first grade of the first class, for the
purpose of refunding the bonded debt, exclusive of street improvement bonds
of the city for which such trustees act, at a lower rate of interest, and for the
purpose of buying the fee simple of real estate held by the city under per-
petual leases, wherein is secured to the city the option to buy the fee simple at
a fixed price, and where the money to buy can be procured at a smaller râte
interest on the price than is represented by the stipulated rents, shall have
power to make and issue the bonds of such city, with coupons or registered,
due fifty years and redeemable thirty years from date, bearing interest at a rate
not greater than five per centum per annum, payable semi-annually, to an
aggregate amount not exceeding twenty-six millions of dollars, to be known as
the
consolidated sinking fund bonds (filling the blank with the name
of the city issuing the bonds). The bonds shall be signed by the president of the
trustees of the sinking fund, countersigned by the auditor of the city, and
have the seal of the city issuing them affixed. (77 v. 142.) [1885, January 29:
82 v. 9.]
See note to ? 2717.
For"
an act to require the registration of bonds with sinking fund trustees in cities of
the first grade of the first class" (86 v. 274), see ? (2711—18) et seq.
This section does not apply to a city's bonds not secured by assessment on particular property. Cincin-
:ati v. Anderson, 10 C. C. 265; 3 O. D. 406.
Nor does it authorize issuing bonds payable only in gold. Id.
SEC. 2729b. [Lettering and numbering of bonds issued for certain
purposes; application of proceeds; security for bonds.] Such of the bonds
provided for in the preceding section as may be intended and used for refund-
ing bonded debt which is payable out of or chargeable upon a special fund
or special source of revenue, or is secured in whole or in part by any pledge or
lien, shall be so lettered and numbered as to show the debt to which it is appli-
cable. The secretary of the trustees of the sinking fund shall keep separate
accounts of the proceeds and application thereof of bonds used to refund such
debts, and of the revenues and sinking fund applicable to each class of said
1505
•
Tit. XII, Div. 9, Ch. 3.
SINKING FUND.
§§ 2729d-2729g(1).
bonds, unless and until otherwise provided by law. Purchasers of any bonds
authorized by the preceding section shall not be held responsible for the appli-
cation of purchase money. The property, credit, and revenues of the city issu-
ing such bonds shall stand pledged alike for all the bonds issued, without pri-
ority of right of any part of the bonds so issued by reason of priority of
the date or sale of the same, or for any other reason. (1880, April 9:†77 v. 142.)
[1885, January 29: 82 v. 9, 10.]
SEC. 2729c. [Repealed, 84 v. 82; 82 v. 9, 10; 77 v. 142.]
SEC. 2729d. [Security provided for the payment of certain bonds not
to be impaired while the sinking fund is insufficient for their payment.] So
long as the sinking fund of such city shall be insufficient to pay, when due,
interest and principal of any and all outstanding bonds issued under section
twenty-seven hundred and twenty-nine (a), the security and means of payment pro-
vided for in sections two thousand seven hundred and twelve, two thousand seven hun-
dred and thirteen, two thousand seven hundred and fourteen, two thousand seven hun-
dred and twenty-one, two thousand seven hundred and twenty-six, two thousand seven
hundred and twenty-seven, two thousand four hundred and twelve, two thousand two
hundred and twenty-eight, shall not be impaired, but shall stand pledged to the
payment of interest and principal of said bonds. (1880, April 9: 77 v. 143.)
[1885, January 29: 82 v. 9, 10.]
See ? 2717.
SEC. 2729e. [Appointment of clerk by the trustees of sinking fund
in cities of first grade, first class.] The trustees of the sinking fund of any
city of the first grade of the first class are authorized to employ a clerk, who
shall give his whole time, or so much of it as they shall find necessary, to their
assistance, and for a reasonable compensation, proportioned to service rendered,
which shall be paid out of the sinking fund, and repaid to the sinking fund out
of the general fund of the city not otherwise appropriated. Necessary expenses
of the trustees of the sinking fund in issuing bonds, negotiating the refunding
of the city debt, or other duties imposed by the four preceding sections, shall be
paid from the sinking fund, and repaid from the general fund of the city not
otherwise appropriated. (77 v. 143.) [1885, January 29: 82 v. 9, 10.]
See ? 2717.
SEC. 2729f. [Provisions of certain sections Revised Statutes relating
to cities of first grade, first class, made applicable to cities of third grade,
first class, and first grade, second class.] The provisions of sections twenty-
seven hundred and seventeen, twenty-seven hundred and eighteen, twenty-seven hundred
and nineteen, twenty-seven hundred and twenty, twenty-seven hundred and twenty-three,
twenty-seven hundred and twenty-five, twenty-seven hundred and twenty-seven, twenty-
seven hundred and twenty-eight, twenty-seven hundred and twenty-nine (a), twenty-seven
hundred and twenty-nine (b), twenty-seven hundred and twenty-nine (c), twenty-seven
hundred and twenty-nine (d), twenty-seven hundred and twenty-nine (e), relating to
cities of the first grade of the first class, are hereby made applicable to cities of
the third grade of the first class, and of the first grade of the second class.
(80 v. 141, §2.) [1885, January 29: 82 v. 9, 11.]
See State v. Pugh, 43 O. S. 98.
SEC. 2729g(1). [Bonds issued by sinking fund trustees in Columbus.]
The trustees of the sinking fund in cities of the first grade of the second class,
for the purpose of refunding at a lower rate of interest such bonds of such cities
as may be callable at option, shall have the power to make and issue the bonds
of such city, with coupons attached, to run for such periods of time as may be
determined by them not exceeding twenty years, and in no case for a longer
period than the time of maturity of the bonds for which they were exchanged
and to bear interest not exceeding four and one-half per cent. per annum, pay-
able semi-annually in the city of New York. Said bonds shall be known as
:
96
1506
§§ 2729h (1)-2729g(2).
SINKING FUND.
Tit. XII, Div. 9, Ch. 3.
the consolidated street improvement bonds of the city of
Ohio [filling
the blank with the name of the city issuing the bonds], shall be signed by the
president of the trustees of the sinking fund, countersigned by the clerk of said
trustees and have the seal of the city issuing them affixed. Said bonds shall
bear such date as may be determined by said trustees, shall be numbered con-
secutively beginning at one, shall not exceed in the aggregate the sum of three
million dollars, and each coupon attached to said bonds shall have printed or
lithographed thereon a facsimile of the signature of the auditor of said city.
Said trustees shall have power to exchange at not less than par the bonds.
herein authorized, for such optional bonds as the holders thereof may desire to
surrender, and the necessary expenses of preparing said bonds and of negoti-
ating their exchange shall be paid out of the general sinking fund of the city,
provided that these expenses shall not exceed one-half of one per cent. of the
amount of the bonds refunded, unless authorized by a four-fifths vote of said
trustees. [90 v. 99.]
SEC. 2729h(1). [As to lettering of same, etc.] Such of the bonds pro-
vided for in the preceding section as may be exchanged for bonds which are
payable out of or chargeable upon a special fund or source of revenue, or are
secured in whole or in part by any lien upon abutting property, shall be so
lettered and numbered as to show the debt to which they are applicable. The
clerk of the trustees of the sinking fund shall keep separate accounts of the
proceeds and application of the revenues and sinking fund applicable to each
class of said bonds, unless and until otherwise provided by law; and in case
the funds derived from any special source of revenue or assessment should, for
any cause, be insufficient to pay the principal or interest of such bonds when
they mature, the property, credit and revenues of the city shall stand pledged
for their payment, and the trustees of the sinking fund are hereby authorized
to pay the same out of any funds under their control; but nothing in this act
shall be construed to impair the validity of, or modify the liens or assessments
made or to be made for the payment of the principal and interest of bonds now
outstanding, or to modify the right of any person to pay off in full the assess-
ments upon his property as now provided by law. [90 v. 99.]
SEC. 27291(1). [Applicability of certain sections.] The provisions of
sections twenty-seven hundred and seventeen, twenty-seven hundred and eighteen, twenty-
seven hundred and nineteen, twenty-seven hundred and twenty, twenty-seven hundred and
twenty-three, twenty-seven hundred and twenty-five, twenty-seven hundred and twenty-seven,
twenty-seven hundred and twenty-eight and twenty-seven hundred and twenty nine (e), relat-
ing to cities of the first grade of the first class, are hereby made applicable to
cities of the first grade of the second class; and all acts or parts of acts in con-
flict with the provisions of this act, are hereby repealed in so far as they may
apply to the trustees of the sinking fund of cities of the first grade of the
second class. [90 v. 99.]
SEC. 2729g(2). [Cincinnati consolidated sinking fund bonds: interest,
redemption, sale, etc.] That in any city wherein trustees of the sinking fund
have been appointed under the provisions of section 2715, Revised Statutes,
such trustees, in addition to their other powers, shall have the power to make
and issue for the purpose hereinafter specified in section 2729h the bonds of
their city, with coupons or registered, running for such length of time, not ex-
ceeding fifty years, as the trustees may determine, and bearing interest at a
rate not greater than four per centum per annum, payable semi-annually.
Such bonds shall be known as the
consolidated sinking fund
bonds (filling the blank with the name of the city issuing the bonds). The
bonds shall be signed by the mayor of the city, countersigned by the auditor
or corresponding officer, and have affixed the seal of the city issuing them.
The principal and interest may be made payable at such place and in such
1.1
1507
Tit. XII, Div. 9, Ch. 3.
SINKING FUND.
§ 2729h (2).
kind of lawful money as the trustees may determine. Such bonds shall be
sold as provided by section 2709, Revised Statutes. [92 v. 94.]
SEC. 2729h(2). [Purpose of above; amount; renewal; taxes.] The
purpose for which alone the bonds provided by section 2729g may be made,
issued, and sold shall be the renewal or extension of existing bonded debt of
the city which from any reason the trustees of the sinking fund of such city
are unable to pay at maturity. The bonds authorized by section 2729g shall
never, for any city, aggregate in outstanding amount more than what may at
any time be unpaid of the bonded debt of such city now outstanding and
hereafter lawfully authorized to be issued, it being the object of section 27296
to provide only bonds for renewal or extension of legally existent bonded debt
which at maturity is not paid and extinguished; and to that end the power
herein and by section 27296 conferred is a continuing power, and includes
renewal of bonded debt now existing, hereafter lawfully created by said cities
respectively, for which the trustees of the sinking fund act, and extends to one
or more renewals of any of the bonds issued hereunder; but nothing herein
shall be construed to excuse said trustees from levying and applying taxes for
sinking fund and the earnings from investment thereof, as now provided and
required by law. [92 v. 94.]
The
SEC. 27291(2). [Registration of bonds issued under § 2729b; transfers;
interest.] Any of the bonds provided by section 27296 at the time of issue,
or at any time subsequently and before maturity, by exchange of original
bonds may be made registered bonds, in manner as follows, viz.: A certificate
of indebtedness of the city shall be issued by the city auditor to the person or
company desiring registration in terms and conditions a copy of the coupon
bonds, except as to coupons, but with the insertion of amount, the name of the
holder, and the recital of terms upon which transfer may be made.
amount of each certificate shall be as desired by the holder, except that no cer-
tificate shall be issued for less than one thousand dollars, or for other sums.
than some multiple of a thousand. Registration certificates shall be signed
and sealed as are the coupon bonds, and shall not be issued until countersigned
by the president of the sinking fund trustees of the city issuing them and
record of transfer in their office in books kept for that purpose. Further record
by a trust company may be required if desired by the trustees of the sinking
fund of any city. Transfer of registered certificates shall be made only upon
proper indorsement and surrender of the original, but registered debt shall
never again become coupon bonds. The check of the trustees of the sinking
fund of each city, signed as provided by law for their other checks, shall be
mailed to each holder of registered debt, as the names appear on the trustees'
books, for each instalment of interest as the same becomes due. [92 v. 95.]
(2729-1) [Trustees in Cincinnati to be custodians of funds held for
performance of contracts.] In cities of the first grade, of the first class, when-
ever any municipal officer or board has control over any money or bonds held
as security for the performance of a contract, such money or bonds shall be
turned over to the trustees of the sinking fund of said city, to be kept, man-
aged and accounted for, according to the agreement in each case, provided,
however, that if in the opinion of the board of city affairs of any such city or
their successors in office the bonds or sureties may be safely returned in whole
or in part to the contractors for whom such bonds are now held in trust by
such board; such board, before the said bonds shall be returned shall exact
such terms and conditions as shall in every respect protect the interest of such
city in relation to all contracts for which such bonds are now held as security.
It shall be the duty of the trustees of the sinking fund of said city, upon reso-
lution and proper vouchers from such board or officer, to receive such money
1508
*
§ (2729-2).
SINKING FUND.
Tit. XII, Div. 9, Ch. 3.
or bonds, and they shall have power to invest all such moneys in bonds of the
city of Cincinnati, of the state of Ohio, or of the United States, to collect the
interest on said bonds, and upon order of such board or officer pay over the
same, and sell all or such part of said bonds as such board or officer, may order,
and pay out the proceeds thereof upon orders of such board, or officer, to the
parties lawfully entitled to receive the same. [88 v. 433.]
See 22314b.
(2729-2) [Redemption of street improvement bonds in Cleveland.]
The city council in cities of the second grade of the first class, shall have power
to provide for the creation of a sinking fund for the redemption of street im-
provement bonds, and to that end, moneys arising from special assessments
may be placed in the hands of the commissioners of the sinking fund for
investment, subject to such rules and regulations as the council may by or-
dinance prescribe. [88 v. 446.]
(2729—3) SEc. 1. [Trustees of improvement funds in villages of Cuy-
ahoga county.] In incorporated villages in counties containing a city of the
second grade of the first class the council may elect a board to be designated as
the trustees of the general improvement funds of said village, composed of
three citizens thereof. At the first election of trustees one shall be chosen to
serve one year, one two years, and one three years, and all trustees thereafter
elected shall serve for three years, except in case of vacancies which shall be
filled for the unexpired term. Said trustees shall serve without compensation.
[88 v. 377.]
(2729-4) SEC. 2. [Bond.] Before any person elected as a member of
said board assumes the duties of his office, he shall give bond in a sum to be
fixed by and to the council of said village, faithfully to discharge such duties.
[88 v. 377.]
(2729-5) SEC. 3. [Organization.] The trustees shall, immediately
after their election and qualification, organize by electing one of their number
as president; the clerk of the village shall act as secretary; and the office of
the board shall be in some place provided by the council of the village. [88
v. 377.]
(2729-6) SEC. 4. [Meetings.] Regular meetings of the board shall be
held on the third Monday in April in each year; but meetings may be called
by the president, or any two members of the board; the proceedings shall be
recorded in a journal kept for that purpose, which shall at all times be open
to the public; and all questions relating to the purchase or sale of securities,
or the payment of bonds or interest shall be decided by a viva voce vote, with
the name of each member voting recorded on the journal, and no question
shall be decided unless approved by a majority of the whole board. [88 v. 377.]
(2729-7) SEC. 5. [Record of bonds.] The clerk of the village shall,
upon demand of the board, report to it a full and detailed statement of the
outstanding bonds of said village, issued to pay for special improvements
therein, and the board shall take charge of and keep a full record of the same,
and report to the council at least once a year, a full and detailed statement of
the same, together with a statement of their investments, which shall be re-
ported in the annual reports. [88 v.
[88 v. 377.]
(2729-8) SEC. 6. [Trustees to be custodians of funds.] The clerk of
the village shall, upon demand of the board, report to it the balances belong-
ing to the village, to the credit of any of the special improvement funds of said
village; and all officers or persons having the same shall immediately pay the
same over to the said trustees, who shall deposit them in such place as the ma-
jority of the board may select, giving preference at all times to banks paying
interest upon money deposited therein. [88 v. 377.]
1509
Tit. XII, Div. 9, Ch. 3.
SINKING FUND.
§ (2729-9).
(2729-9) SEC. 7. [Investments.] The said trustees shall invest all
moneys received by them in bonds of the United States, the State of Ohio, or
in bonds of counties, townships, boards of education or municipal corpora-
tions within this state which have never made default in the payment of their
interest; and they shall give preference to the special improvement bonds of
their own village when they can be purchased at a price equal to or less than
the bonds of the United States or of the state of Ohio, taking into considera-
tion the rate of interest paid on each; all interest received by them shall be
re-invested in like manner; at no time shall there be over three thousand dol-
lars kept on deposit in any bank or banks if investment can be made. [88
v. 377.1
(2729-10) SEC. 8. [Payment of interest, and redemption of bonds.]
The trustees shall provide for the payment of all interest on the special im-
provement bonds of the village and for the redemption of such bonds falling
due, and for such purpose only, may sell or use any of the securities or money
in their possession; and all bonds redeemed by them shall have written con-
spicuously in red ink, across the face thereof, the following words: "This
bond is canceled." [88 v. 377.]
(2729-11) SEC. 9. [How money to be drawn from bank, etc.] Mon-
ey shall be drawn from bank by check only, signed by the president of the
board, and attested by the clerk and at least one other member of the board;
all securities or evidences of debt held by the board for the village shall be de-
posited in the vault of some safety deposit company within a city in said
county, or if none exists therein, or they shall be deemed more secure in a
vault which shall be especially provided by said board in some place of safety;
and when so deposited, they shall be drawn only upon the written application
of two members of said board, and in the presence of at least one member
thereof. [88 v. 377.]
1510
§ 2730.
DEFINITIONS AND PROPERTY.
Tit. XIII, Ch.1.
TITLE XIII. Taxation.
CHAPTER 1. DEFINITIONS, AND PROPERTY TO BE TAXED.
CHAPTER 2. LISTING PERSONAL PROPERTY.
CHAPTER 3.
ASSESSING REAL ESTATE.
CHAPTER 4.
BOARDS OF EQUALIZATION.
CHAPTER 5.
LEVYINg Taxes.
CHAPTER 6. COLLECTION OF TAXES.
CHAPTER 7.
DELINQUENT Lands.
CHAPTER 8. FORFEITED LANDS.
SECTION
CHAPTER 1.
DEFINITIONS, AND PROPERTY TO BE TAXED.
2730. Definitions of particular terms used in this
title.
2731. Property subject to taxation, and when public
lands become taxable.
COLLATERAL INHERITANCE TAX.
(2731-1) Collateral inheritance tax; amount, when
due; lien.
(2731-2) Apportionment of a remainder only is
taxable.
(2731-3) Devise to executor in excess of reasonable
compensation.
(2731-4) Payment: interest if delayed and discount
for early payment; coercive proceedings.
(2731-5) Deduction by executor from bequest.
(2731-6) If legacy charged on real estate.
(2731-7) If legacy is for limited time.
2731-8) Sale to pay tax.
(2731-9) Proceedings after inventory.
(2731-10) Information to probate judge by execu-
tor, etc.
SECTION
2731-11) Refunding of legacy.
2731-12) Valuation of property; fees of appraisers.
(2731-13) Jurisdiction of probate court; pros. atty.
represents state.
(2731-11) Statements of probate judge to auditor;
record of cases.
(2731-15) Fees; costs chargeable to state.
(2731-16) No final account to be accepted until tax
paid; voucher.
(2731-17) "Person" and "property" construed.
2732. Property exempt from taxation.
(2732-1) Public parks containing prehistoric earth-
works exempt from taxation.
(2732-2) Rules governing access to such parks; penalty
for violation thereof.
(2732-3) Funds of G. A. R. posts or veterans' unions

exempt.
(2732-4) Indiana meeting of friends exempt.
2733. Lands held by religious society, etc., under lease of
more than fourteen years, subject to taxation.
SEC. 2730. [Definitions of particular terms used in this title.] In this
title, the terms "real property" and "land" shall be held to mean and include
not only land itself, whether laid out in town lots or otherwise, with all things
contained therein, but also, unless otherwise specified, all buildings, structures,
and improvements, and fixtures of whatever kind thereon, and all rights and
privileges belonging, or in anywise appertaining thereto; the terms "invest-
ment in bonds," shall be held to mean and include all moneys in bonds, or cer-
tificates of indebtedness, or other evidences of indebtedness of whatever kind,
whether issued by incorporated or unincorporated companies, towns, cities, vil-
1511
། ་
Tit. XIII, Ch. 1.
DEFINITIONS AND PROPERTY.
§ 2730.
lages, townships, counties, states, or other incorporations, or by the United
States, held by persons residing in this state, whether for themselves or others;
the terms "investments in stocks," shall be held to mean and include all moneys
invested in the capital or stock of any association, corporation, joint stock
company, or other company, the capital or stock of which is or may be divided
into shares, which are transferable by each owner without the consent of the
other partners or stockholders, for the taxation of which no special provision
is made by law, held by persons residing in this state, either for themselves or
others; the terms "personal property," shall be held to mean and include, first,
every tangible thing being the subject of ownership, whether animate or inani-
mate, other than money, and not forming part of any parcel of real property,
as herein before defined; second, the capital stock, undivided profits, and all
other means not forming part of the capital stock of every company, whether
incorporated or unincorporated, and every share, portion, or interest in such
stock, profits, or means, by whatsoever name the same may be designated,
inclusive of every share or portion, right, or interest, either legal or equitable,
in and to every ship, vessel, or boat, of whatsoever name or description, used
or designed to be used either exclusively or partially in navigating any of the
waters within or bordering on this state, whether such ship, vessel, or boat
shall be within the jurisdiction of this state or elsewhere, and whether the
same shall have been enrolled, registered, or licensed at any collector's office, or
within any collection district in this state or not; third, the money loaned on
pledge or mortgage of real estate, although a deed or other instrument may
have been given for the same, if between the parties the same is considered as
security merely; the term "money" or "moneys," shall be held to mean and
include any surplus or undivided profits held by societies for savings or banks
having no capital stock, gold and silver coin, bank notes of solvent banks, in
actual possession, and every deposit which the person owning, holding in trust,
or having the beneficial interest therein, is entitled to withdraw in money on
demand; the term "credits," shall be held to mean the excess of the sum of all
legal claims and demands, whether for money or other valuable thing, or for
labor or service due or to become due to the person liable to pay taxes thereon,
including deposits in banks or with persons in or out of this state, other than
such as are held to be money, as herein before defined, when added together
(estimating every such claim or demand at its true value in money), over and
above the sum of legal bona fide debts owing by such person; but in making
up the sum of such debts owing, there shall be taken into account no obliga-
tion to any mutual insurance company, nor any unpaid subscription to the
capital stock of any joint stock company, nor any subscription for any religious,
scientific, literary, or charitable purpose; nor any acknowledgment of any
indebtedness, unless founded on some consideration actually received, and
believed at the time of making such acknowledgment to be a full consideration
therefor; nor any acknowledgment made for the purpose of diminishing the
amount of credits to be listed for taxation; nor any greater amount or portion
of any liability as surety, than the person required to make the statement of
such credits believes that such surety is in equity bound, and will be compelled
to pay, or to contribute, in case there be no securities: provided, that pensions
receivable from the United States shall not be held to be credits; and no person
shall be required to take into account in making up the amount of credits, a
greater portion of any credits than he believes will be received or can be col-
lected, or any greater portion of any obligation given to secure the payment of
rent than the amount that shall have accrued on any lease and remain unpaid;
words importing the masculine gender shall apply to females also, and the
word "person" or "party," or other word importing the singular number, shall
be held to include firms, companies, associations, and corporations; and all
words in the plural number shall apply to single individuals also in all cases
1512
น
§ 2731.
DEFINITIONS AND PROPERTY.
Tit. XIII, Ch.1.
in which the spirit and intent may require it. [56 v. 175, § 1 (§ 2); 71 v. 96,
$78; 75 v. 436, § 1; 76 v. 28, § 1; S. & C. 1439.]
An estate for years, renewable forever, in realty, granted for a gross sum, is realty within the meaning of
the tax laws of Ohio: Cincinnati College v. Yeatman, 30 O. S. 276.
The Constitution permits no deductions of liabilities from moneys and credits: Exchange Bank v. Hines,
3 O. S. 1; Ellis v. Linck, 3 O. S. 66; Latimer v. Morgan, 6 O. S. 279.
By the provisions of the act of May 11, 1878 (75 v. 436), now carried into the Revised Statutes, an owner,
residing in Ohio, of shares of stock in a foreign corporation, is required to list the same for taxation, not-
withstanding the capital of the corporation is taxed in the state where the corporation is located: Bradley
et al. v. Bauder, 36 O. S. 28.
The provisions of said act subjecting such shares of stock so owned to taxation in this state, are not in
conflict with the Constitution: Ib.
Double taxation, in a legal sense, does not exist unless the double tax is levied upon the same property
within the same jurisdiction: Ib. 35.
Under Title 13 of the Revised Statutes, relating to taxation, a person required to list property is not author-
ized to deduct his debts from his investments in bonds, as thereín defined, and to return the excess only for
taxation: Payne v. Watterson, Treas., 37 O. S. 121.
What is known as re-insurance, is not a legal bona fide debt of an insurance company, within the mean-
ing of this section, subject to be deducted from "claims and demands" due the company: Insurance Co. v.
Cappeller, 38 O. S. 560.
A judgment is a credit, although there are proceedings pending in error to reverse it: Cameron v. Cap-
peller, Auditor, 41 O. S. 533.
See note to Myers v. Seaberger, 45 O. S. 232, under ? 2731.
See note to Lee, Treas. v. Sturges, Insurance Co. v. Ratterman, 46 O. S. 153, under ? 2731.
(1) The owners of shares in a national bank are entitled to have a deduction of their indebtedness made
from its assessed value, as in the case of other moneyed capital; and,
(2) The right to it is not lost by not making a demand for it until the entire process of the appraisement.
and equalization of the value of the shares for taxation is completed and the tax duplicate is delivered to
the treasurer for collection; Whitbeck v. Mercantile Bank, 127 U. S. Supreme Court 193.
Cited: Chapman v. Nat. Bank of Wellington, 56 O. S. 316.
National Bank shares are not credits from which debts can be deducted: Chapman v. National Bank, 56
O. S. 310.
Cited: Collett, treasurer v. Springfield Savings Society, 13 C. C. 138; 7 O. D. 148, aff'd 37 W. L. B. 332.
Also see note to same case under ? 27596.
SEC. 2731. [Property subject to taxation; when public lands be-
come taxable.] All property whether real or personal in this state, and
whether belonging to individuals or corporations; and all moneys, credits,.
investments in bonds, stocks, or otherwise, of persons residing in this state,
shall be subject to taxation, except only such as may be expressly exempted
therefrom; and such property, moneys, credits, and investments shall be entered
on the list of taxable property as prescribed in this title; all tracts of land set
apart for school or ministerial purposes, and sold by and under authority of
law, and all lands which shall be hereafter sold by the United States, shall be
subject to taxation as other lands in this state immediately after such sale; but
school or ministerial lands shall not be sold for taxes until the purchase money
therefor shall be fully paid, but shall be returned as delinquent, and continue
on the duplicate, with the taxes of each year charged thereon, and added to the
tax and penalty due when the same became delinquent, until payment be
made, by the purchaser or his assigns, of such purchase money, with the tax
and penalty, or the lands resold by the county auditor, pursuant to the laws
now or hereafter in force for the sale of such lands. [56 v. 175, §1; 71 v. 96,
§78; S. & C. 1438; (S. & S. 757).]
All property must bear an equal and just proportion of the burden of taxation : Toledo Bank v. City of
Toledo, 10. S. 622; Debolt v. Ohio Life Ins. and Trust Co., 1 O. S. 563; Western Union Telegraph Co. v..
Mayer, 28 O. S. 521.
The power of taxation is included in the legislative power, and can not be surrendered or abandoned:
Baker v. Cincinnati, 11 O. S. 534; Bank of Toledo v. City of Toledo, 1 O. S. 623; Debolt v. Ohio Life Ins. and.
'rust Co., 1 0. S. 563; Mechanics' and Traders' Bank v. Debolt, 1 O. S. 591.
No tax can be levied except by express authority of law: Zanesville v. Richards, 5 O. S. 589.
A uniform rate per cent. must be levied on all property according to its true value in money, within
the limits of the local subdivision for which the revenue is collected. See case last cited.
Steamboats navigating Mississippi and Ohio rivers, owned by citizens of Ohio, taxable: Perry v. Tor
rence, 8 0. 521.
Shares in national banks located in Ohio are taxable: Frazer v. Siebern, 16 O. S. 614. See, also, note to
? 2762.
Ohio state stocks or bonds are subject to taxation: Champaign Co. Bank v. Smith, 7 O. S. 42.
Investments in bonds or stocks of foreign corporations by residents of Ohio may be lawfully taxed in
Ohio: Worthington v. Sebastian, 25 O. S. 1.
Taxation of stock in Covington and Cincinnati Bridge Co.: Bridge Co. v. Mayer, 31 O. S. 317.
Taxation of school lands immediately after sale, is not in contravention of 21, Art. VI, of the Consti
tution: State v. Purcel, 31 O. S. 352.
Tangible personal property situate in the state, does not become exempt from taxation because it has
been purchased by a non-resident, with the intention of transporting it beyond the state, and is merely wait
ing for the opening of navigation for its removal: Carrier v. Gordon, 21 O. S. 605.
The fact that property subject to taxation has not been listed, although it increases the burden of tax
1513
Tit. XIII, Ch. 1.
DEFINITIONS AND PROPERTY.
§ (2731—1).
ation on property that is listed, does not render the tax void, or authorize the interference of a court of
equity: Exchange Bank v. Hines, 3 O. S. 1.
See note to Jones v. Davis, 35 O. S. 477, under 22744.
Under Title 13 of the Revised Statutes, relating to taxation, a person required to list property is not
authorized to deduct his debts from his investments in bonds, as therein defined, and to return the excess only
for taxation: Payne v. Watterson, 37 O. S. 121.
See note to Bradley et al. v. Bauder, 36 O. S. 28, under ? 2730.
Credits owned by a non-resident of this state are not taxable here, unless they are held by a guar ....
trustee, or agent of the owner by whom they must be returned for taxation. The fact that such credits are
secured by mortgage on real estate within this state, does not change the rule that credits are to be taxed at
the residence of the creditor and not of the debtor: Grant v. Jones, 39 O. S. 507.
A loan of money secured by mortgage, is a credit; and where the creditor resides in another state, is not
subject to taxation in this state, although the securities are in the hands of an agent residing here, intrusted
by the terms of his agency with the collection of the interest and principal when due, and its transmission
to the creditor when collected: Myers v. Seaberger, 45 O. S. 232; and see Lee v. Dawson, 8 C. C. 365; 10. D. 483.
Shares of a foreigu corporation and of a corporation formed by the consolidation of an Ohio company
with companies of other states (which corporations pay taxes here on the portion of their property situated
in Ohio), held by a resident of this state, are subject to taxation: Lee, Treas. v. Sturges, Insurance Co. v.
Ratterman, Treas., 46 O. S. 153.
Shares in a national bank are not "credits" and the holder can not deduct debts therefrom: Niles v.
Shaw, t0 O. S. 370.
Shares are taxed to the owner in whose name they stand, although he has pledged them: Ratterman
v. Ingalls, 48 O. S. 468, 491.
Money in the hands of an assignee for creditors is virtually in the hands of the court and not taxable.
McNeill v. Hagerty, 51 O. S. 355.
Land has a broader meaning here than in 2 1536: Valley Ry. v. Pouchot, 4 C. C. 187, 192.
Money due a vendor of real estate on an absolute obligation is taxable as a credit, though he retains
the title as security: Rheinboldt v. Raine, 52 O. S. 160.
"Residence," where domicile is abandoned, but no new one is acquired: Harper v. White (Supr. Ct.),
35 Bull. 138.
Cited Collett, treasurer v. Springfield Savings Society, 13 C. C. 139; 7 O. D. 148, aff'd 37 W. L. B. 332.
Also see note to same case under ? 27596.
As to scrip certificates in hands of stockholders, which were held not to be taxable: Adams et al: v.
Shields, 5 N. P. 190.
COLLATERAL INHERITANCE TAX.
The direct inheritance tax is unconstitutional: State ex re!. v. Ferris, 53 O. S. 314.
(2731-1) SEC. 1. [Collateral inheritance tax; amount; when due ;
hen.] That all property within the jurisdiction of this state, and any interest
therein, whether belonging to inhabitants of this state or not, and whether
tangible or intangible, which shall pass by will or by the intestate laws of this
state, or by deed, grant, sale or gift made or intended to take effect in possession
or enjoyment after the death of the grantor, to any person in trust or otherwise,
other than to or for the use of the father, mother, husband, wife, brother, sister,
niece, nephew, lineal descendant, adopted child, or person recognized as an
adopted child and made a legal heir under the provisions of section 4182 of
the Revised Statutes of Ohio, or the lineal descendant thereof, or the lineal de-
scendant of any adopted child, the wife or widow of a son, the husband of the
daughter of a decedent, shall be liable to a tax of five per centum of its value,
above the sum of two hundred dollars, seventy-five per centum of such tax to
be for the use of the state, and twenty-five per centum for the use of the county
wherein the same is collected; and all administrators, executors and trustees,
and any such grantee under a conveyance made during the grantor's life, shall
be liable for all such taxes, with lawful interest as hereinafter provided, until
the same shall have been paid as hereinafter directed. Such taxes shall become
due and payable immediately upon the death of the decedent, and shall at
once become a lien upon said property, and be and remain a lien until paid.
[91 v. 169; 90 v. 14.]
Is constitutional: Hagerty v. State, 55 O. S. 613.
"The word sale as used in this section includes only transactions which, though in form sales, are in
fact gifts:" Id. 626.
Personal property located in this state regardless of the owner's residence or non-residence in the state,
is subject to the tax: In re Estate Eliz. L. Speers, 4 N. P. 238; 60. D. 398.
Legacies to stepsons are taxable: In re Will of Wm. Hooper, 4 N. P. 186; 6 O. D. 560.
A contingent devise is not taxable until it vests: Id.
The tax is payable on the value of the legacy, less the exemption of $200: Id.
A bequest to a priest for the purpose of saying masses is subject to a tax: Edit. 38 W. L. B. 304.
(2731-2) SEC. 2. [Apportionment if a remainder only is taxable.]
When any person shall bequeath or devise any property to or for the use of
father, mother, husband, wife, brother, sister, niece, nephew, lineal descendant
and adopted child, the lineal descendant of any adopted child, the wife or
widow of a son, or the husband of a daughter, during life or for a term of years,
1514
§ (2731-3).
DEFINITIONS AND PROPERTY.
Tit. XIII, Ch. 1..
and the remainder to a collateral heir, or to a stranger to the blood, the value
of the prior estate shall, within sixty days after the death of the testator, be
appraised in the manner hereinafter provided, and deducted, together with the
sum of two hundred dollars, from the appraised value of such property. [91 v.
170; 90 v. 15.]
(2731-3) SEC. 3. [Devise to executor in excess of reasonable com-
pensation.] Whenever a decedent appoints one or more executors or trustees,
and in lieu of their allowance makes a bequest or devise of property to them
which would otherwise be liable to said tax, or appoints them his residuary
legatees, and said bequests, devises, or residuary legacies exceed what would be
a reasonable compensation for their services, such excess shall be liable to such
tax, and the court of probate having jurisdiction of their accounts shall fix such
compensation. [90 v. 15.]
Bequest of debt due from executor in lieu of statutory compensation, though it may exceed statutory
rates, not taxable on the excess if not clearly more than reasonable allowance: In re Will of Wm. Hooper,
4 N. P. 186; 6 O. D. 560.
(2731-4) SEC. 4. [Payment; interest if delayed, and discount for
early payment; coercive proceedings.] All taxes imposed by this act shall
be paid into the county treasury of the county in which the court having jur-
isdiction of the estate or accounts is situated, by the executors, administrators
or trustees, or other persons charged with the payment thereof, and if said taxes
are not paid within one year after the death of said decedent, interest at the
rate of eight per centum shall be thereafter charged and collected thereon, and
if said taxes are not paid at the expiration of eighteen months after the death
of said decedent, it shall be the duty of the prosecuting attorney of the county
wherein said taxes remain unpaid, to institute the necessary proceedings to
collect the same in the court of common pleas of such county, after first being
duly notified in writing by the probate judge of said county of the non-pay-
ment of such taxes, and it is hereby made the duty of the probate judge to give
such notice in writing; but if said taxes are paid before the expiration of one
year after the death of said decedent, a discount at the rate of one per centum
per
month for each full month that payment shall have been made prior to
the expiration of said year, shall be allowed on the amount of taxes found to be
due under the provisions of this act. [91 v. 170; 90 v. 15.]
(2731-5) SEC. 5. [Deduction by executor from bequest.] Any ad-
ministrator, executor, or trustee, having in charge or trust any property sub-
ject to such tax, shall deduct the tax therefrom, or shall collect the tax thereon
from the legatee or person entitled to said property, and he shall not deliver
any specific legacy or property subject to said tax to any person until he has
collected the tax thereon. [90 v. 15.]
(2731-6) SEC. 6. [If legacy charged on real estate.] Whenever
any legacies subject to said tax shall be charged upon or payable out of any
real estate, the heir or devisee, before paying the same, shall deduct said tax
therefrom and pay it to the executor, administrator, or trustee, and the same
shall remain a charge upon said real estate until it is paid; and payment
thereof shall be enforced by the executor, administrator, or trustee, in the same
manner as the payment of the legacy itself could be enforced. [90 v. 16.]
(2731-7) SEC. 7. [If legacy is for limited time.] If any such legacy
be given in money to any person for a limited period, such administrator, ex-
ecutor or trustee shall retain the tax on the whole amount; but if it be not in
money, he shall make an application to the court having jurisdiction of his
accounts to make an apportionment, if the case require it, of the sum to be paid
into his hands by such legatee on account of said tax and for such further or-
der as the case may require. [90 v. 16.]
J
y
1515
Tit. XIII, Ch. 1.
DEFINITIONS AND PROPERTY.
§ (2731-8).
(2731-8) SEC. 8. [Sale to pay tax.] All administrators, executors
and trustees shall have power to sell so much of the estate of the deceased as
will enable them to pay said tax in the same manner as they may be em-
powered to do for the payment of his debts. [90 v. 16.]
(2731-9) SEC. 9. [Proceedings after filing of inventory.] Within
ten days after the filing of the inventory of every such estate, any part of
which may be subject to a tax under the provisions of this act, the judge or
the court of probate in which such inventory is filed, shall make and deliver
to the county auditor of any such county, a copy of such inventory; or, if the
same can be conveniently separated, a copy of such part of such estate, with
the appraisal thereof; the county auditor shall certify the value of said estate,
subject to taxation hereunder and the amount of taxes due therefrom, to the
county treasurer, who shall collect such taxes, and thereupon place twenty-five
per centum thereof to the credit of the county expense fund of said county,
and pay seventy-five per centum thereof into the state treasury, to the credit
of the general revenue fund, at the time of making his semi-annual settlement.
[91 v. 170; 90 v. 16.]
(2731-10) SEC. 10. [Information to probate judge by executor, etc.]
Whenever any of the real estate of a decedent shall so pass to another person
as to become subject to said tax, the executor, administrator or trustee of the
decedent shall inform the probate judge thereof within six months after he
has assumed the duties of his trust, or if the fact is not known to him within
that time, then within one month from the time that it does become so known
to him. [90 v. 16.]
(2731-11) SEC. 11. [Refunding of tax.] Whenever for any reason the
devisee, legatee or heir who has paid any such tax shall refund any portion of
the property on which it was paid, or it shall be judicially determined that
the whole or any [part of] such tax ought not to have been paid, said tax, or
the due proportional part of said tax, shall be paid back to him by the execu-
tor, administrator or trustee. [90 v. 16.]
(2731-12) SEC. 12. [Valuation of property; fees of appraisers.]
The value of such property as may be subject to said tax shall be its actual
market value as found by the court of probate; but the state, through the
prosecuting attorney of the proper county, or any person interested in the suc-
cession to said property, may apply to the court of probate having jurisdiction
of the estate; and on such application the court shall appoint three disinter-
ested persons, who, being first sworn, shall view and appraise such property at
its actual market value for the purposes of said tax, and shall make return
thereof to said court, which return may be accepted by said court in the same
manner as the original inventory of such estate is accepted, and if so accepted
it shall be binding upon the person by whom this tax is to be paid, and upon
the state. The fees of the appraisers shall be fixed by the judge of probate and
paid out of the county treasury upon the warrant of the county auditor. In
case of an annuity or life estate, the value thereof shall be determined by the
so-called actuaries' combined experience tables and five per centum compound
interest. [90 v. 16.]
(2731-13) SEC. 13. [Jurisdiction of probate court; prosecuting at-
torney represents state.] The court of probate, having either principal or
auxiliary jurisdiction of the settlement of the estate of the decedent, shall have
jurisdiction to hear and determine all questions in relation to said tax that
may arise, affecting any devise, legacy or inheritance under this act, subject to
appeal as in other cases, and the prosecuting attorney shall represent the inter-
ests of the state in any such proceedings. [90 v. 17.]
1516
§ (2731-14).
DEFINITIONS AND PROPERTY.
Tit. XIII, Ch. 1.
(2731-14) SEC. 14. [Statements of probate judge to auditor; rec-
ord of cases.] The judge of each probate court shall, as often as once in six
months, render to the county auditor a statement of the property within the
jurisdiction of his court that has become subject to said tax during such
period, the number and amount of such taxes as will accrue during the next
six months, so far as the same can be determined from the probate records, and
the number and amount of such taxes as are due and unpaid; and each pro-
bate judge shall keep a separate record, in a book to be provided for that pur-
pose, of all cases arising under the provisions of this act. [91 v. 171; 90 v. 17.]
(2731-15) SEC. 15. [Fees; costs chargeable to state.] The fees of
all officers having duties to perform under the provisions of this act, shall be
paid by the county from the county expense fund thereof, and shall be the
same as now allowed by law for similar services; in the calculation of amounts
due the state, seventy-five per centum of the cost of collection and other neces-
sary and legitimate expenses incurred by the county in the collection of such
taxes, shall be charged to the state and deducted from the amount of taxes to
be paid into the state treasury. [91 v. 171; 90 v. 17.]
(2731-16) SEC. 16. [No final account to be accepted until tax paid;
voucher.] No final settlement of the account of any executor, administrator
or trustee shall be accepted or allowed by the court of probate unless it shall
show, and the judge of said court shall find, that all taxes imposed by the pro-
visions of this act upon any property or interest therein, belonging to the
estate to be settled by said account, shall have been paid; and the receipt of
the county treasurer shall be the proper voucher for such payment. [90 v. 17.]
(2731-17) SEC. 17. ["Person" and "property" construed.] In the
foregoing act the word "person" shall be construed to include the plural as
well as the singular, and artificial as well as natural persons; the word "prop-
erty" shall be construed to include both real and personal estate, and any form
of interest therein whatsoever, including annuities. [90 v. 17.]
Direct inheritance tax, 91 v. 166.
To refund direct-inheritance tax paid under the act of April 20, 1894, see 92 v. 374.
The direct inheritance tax is unconstitutional, State, ex rel., v. Ferris, 53 O. S. 314.
SEC. 2732. [Property exempt.] The following property shall be ex-
empt from taxation:
First. [Schools and churches.] All public school-houses, and houses
used exclusively for public worship, the books and furniture therein, and the
grounds attached to such buildings necessary for the proper occupancy, use and
enjoyment of the same and not leased or otherwise used with a view to profit;
all public colleges, public academies, all buildings connected with the same, and
all lands connected with public institutions of learning, not used with the view
to profit. This provision shall not extend to leasehold estates of real property
held under the authority of any college or university of learning in this state.
Provided, nevertheless, that all leaseholds, or other estates or property what-
soever, real or personal, the rents, issues, profits and income of which have
been, or hereafter shall be given to any city, town, village, school district or sub-
district in this state, exclusively for the use, endowment, or support of schools
for the free education of youth without charge, are and shall be exempt from.
taxation so long as such property, or the rents, issues, profits and income
thereof shall be used and applied exclusively for the support of free educa-
tion by such city, town, village, district or subdistrict.
Second. [Cemeteries.] All lands used exclusively as graveyards, or grounds
for burying the dead, except such as are held by any person, persons, company
or corporation, with a view to profit, or for the purpose of speculating in the
sale thereof.
1517
Tit. XIII, Ch. 1.
DEFINITIONS AND PROPERTY.
§ 2732.
Third. [State and federal property.] All property, whether real or per-
sonal, belonging exclusively to the state or United States.
Fourth. [County buildings.] All buildings belonging to counties, used
for holding courts, for jails, or for county offices, with the ground, not exceed-
ing, in any county, ten acres, on which such buildings are erected.
Fifth. [Poor-houses.] All lands, houses and other buildings belonging to
any county, township or town, used exclusively for the accommodation or sup-
port of the poor.
Sixth. [Public charities and armories.] All buildings belonging to in-
stitution[s] of purely public charity, and all buildings belonging to and used
exclusively for armory purposes by lawfully organized military organizations
which are and shall continue to be fully armed and equipped at their own ex-
pense and by law made subject to all calls of the governor for troops in case of
war, riot, insurrection or invasion together with the road [land] actually occu-
pied by such institutions, and that owned and used as sites for such armory
buildings of said military organizations not leased or otherwise used with a
view to profit, and all moneys and credits appropriated solely to sustain and,
belonging exclusively to said institutions and military organizations.
Seventh. [Property used for extinguishing fires.] All fire-engines and
other implements used to [for] the extinguishment of fires, with the buildings
used exclusively for the safe-keeping thereof, and for the meeting of fire com-
panies, whether belonging to any town or to any fire company organized therein.
Eighth. [Other public property.] All market-houses, public squares or
other public grounds, town, or township houses or halls, used exclusively for
public purposes, or erected by taxation for public purposes, notwithstanding
some parts thereof may be leased under and by virtue of section 2566 of the
Revised Statutes of Ohio, and all works, machinery, pipe-lines and fixtures
belonging to any town and used exclusively for conveying water to such town,
or for heating or lighting the same, and any unpaid taxes assessed against any
property comprised in this subdivision, with any penalty thereon, is hereby
remitted.
Ninth. [One hundred dollars of personal property.] Each individual
residing in this state may deduct a sum not exceeding one hundred dollars as
exempt from taxation, from the aggregate listed value of his taxable personal
property of any kind of which such individual is the actual owner, except dogs.
Tenth. [Soldiers' monuments.] All funds raised and set apart for the
purpose of building monuments to the fallen soldiers of this state, and all
monuments and monumental buildings, when erected shall be forever exempt
from taxation for any purpose whatever. [91 v. 393, 216; 88 v. 95; 61 v. 39,
§ 3; S. & S. 761 (S. & C. 1440).]
J
For mode of assessing state realty, see 82 v. 122, et seq.
For "an act relating to soldiers' memorial associations" (81 v. 99), see ? (3107-43) et seq.
As to exemptions of lands ceded to United States from taxation, see statutes cited on
page 13.
As to what is meant by 32, Art. XII, of the Constitution, see Gerke v. Purcell, 25 O. S. 229.
By "public school-houses" is meant such as belong to the public, and are designed for schools estab-
lished and conducted under public authority: Ib.
The fact that the use of the property is free, is not a necessary element in determining whether the use is
public: Ib.
As to what are "institutions of purely public charity," see Gerke v. Purcell, 25 O. S. 229; Humphreys v
Little Sisters of the Poor, 29 O. S. 201; Morning Star Lodge v. Hayslip, 23 O. S. 144.
A parsonage is not exempt from taxation: Gerke v. Purcell, 25˚O. S. 229; Kendricks v. Farquhar, 8 0. 189
Cincinnati College v. State, 19 0.110.
Exemption of Athens university lands: Armstrong v. Treasurer Athens Co., 10 O. 235.
The question whether specific property is or is not subject to taxation, is not one to be determined by a
county auditor or county commissioners: State v. Commissioners of Montgomery Co., 31 O. S. 271.
A library association, whose objects and purposes are " the diffusion of useful knowledge," etc., open to
all persons, without distinction, upon equal terms, and the income and revenues of which are devoted to its
objects and purposes, is "an institution of purely public charity" within the meaning of subdivision 6 of
this section: Library Ass'n v. Pelton, 36 O. S. 253.
1518
§ (2732-1).
DEFINITIONS AND PROPERTY.
Tit. XIII, Ch. 1.
Where such an association owns a lot of ground with a block of buildings thereon: Held, that such
parts of said building and appurtenances as are rented or otherwise used with a view to profit, are not
exempt from taxation: Ib.
Exemptions from taxation strictly construed: Ib. 258.
When property embraced in this section has been erroneously taxed, relief may be had under 1038,
Revised Statutes: Butler v. Commissioners, 39 O. S. 169.
The exemption from taxation does not exempt from assessment for a local improvement: Lima v. Ceme
tery Ass*n, 42 O. S. 128.
The exemption must be shown indubitably to exist. Every presumption is against it. A construction,
by officers having the enforcement of the tax laws, working an exemption in a particular case, does not bind
the successors of such officers nor the state: Lee, Treas. v. Sturges, Insurance Co. v. Ratterman, Treas..
46 O. S. 15,
Apparatus belonging to a city to supply gas to its citizens is used exclusively for a public purpose and is
exempt from taxation: Toledo v. Hosler, 54 O. S. 418, (reversing 10 C. C. 257; 3 O. D. 402); Toledo v. Yeager, 8
C. C. 318; 2 O. D. 584.
Lands bought for a cemetery, but not prepared for use as such until after April are not exempt for the
year: German Ev. Pr. Cemetery v. Brooks, 8 C. C. 439; 1 O. D. 517.
Sale of property used for charity, but the use continuing until the property is paid for does not end the
exemption until such use ceases: Myers v. Aikins, 8 C. C. 228; 1 O. D. 467.
Property having ceased to be used for public charitable purposes in July can not be taxed until the next
year: Id.
A camp meeting association holds its property exempt, although it makes certain charges for privileges
used by persons attending when the charges are made to defray expenses and not with a view to profit:
Davis, auditor v. Camp Meeting Ass'n, 57 O. S. 257.
Cited in Trustees of Ohio University v. Satterfield, 2 C. C. 92.
See note to Ludlow v. Brewster, 3 C. C. 82, under 2 2733.
House on leased land, ground rent only being used for support of free schools, is subject to taxation :
State ex rel. Smith v. Cappellar (Ham. Dist. Court), 6 W. L. B. 339.
A vacant lot separated from a cathedral by a lot forty-five feet in width, on which stood residence of arch-
bishop, in rear of cathedral, and which was taxable, was not “attached" to the cathedral, nor was it necessary
for the occupancy, use, and enjoyment of same: Commissioners of Hamilton Co. v. Mannix (Ham. Dist.
Court), 11 W. L. B. 146, 184.
This is limited by 2 2733: Zumstein v. Coal, etc., Co., 54 O. S. 264,
Exempting public property, notwithstanding part may be leased under 3 2566, this last clause is void:
Scott v. Athens, 1 N. P. 94; 1 0. D. 84.
Cited Chapman v. Nat. Bank of Wellington, 56 O. S. 324.
It has been repeatedly held by this court that an exemption from taxation must be expressed in clear
and unmistakable terms, and can not be shown by doubtful or ambiguous language: Sturges v. Carter, 114
U. S. Supreme Court 521.
(2732-1) SEC. 1. [Public parks containing prehistoric earthworks
exempt from taxation.] That all lands in the State of Ohio on which are
situate any pre-historic earth-works, and which have been or may hereafter be
purchased by any person, association or company for the purpose of the preser-
vation of said earth-works, and are not held for profit, but are or shall be dedi-
cated to public uses as pre-historic parks, shall be exempt from taxation.
[1888, March 27; 85 v. 121.]
(2732-2) SEC. 2. [Rules governing access to such parks; penalty
for violation thereof.] The owners of such pre-historic parks may establish
all reasonable rules governing access to said parks; and any person willfully
violating such rules or injuring said works, or any structure, trees or plants
in said parks, shall be fined in any sum not exceeding fifty dollars, or im-
prisoned not exceeding sixty days, or both, and shall also be liable to the
owners of said parks in a civil action for all damages caused by such person.
[1888, March 27: 85 v. 121.]
(2732-3) [Property of certain secret societies exempt from tax-
ation.] That all property, real or personal belonging to or which may here-
after belong to any incorporated post of the grand army of the republic, or
union veterans union, or grand lodge free and accepted masons, or grand lodge
independent order of odd fellows, or grand lodge knights of Pythias, which is
intended to create a fund or is used or intended to be used for the care and
maintenance of indigent soldiers of the late war, indigent members of said.
organizations, and the widows and orphans of the deceased members of such
organizations, such property real or personal, and the interest or income derived
therefrom, shall not be deemed taxable under any law of this state, and the
trustees of such incorporated organizations above named shall not be required
to return or list the same for taxation. [93 v. 219; 87 v. 141.]
(2732-4) [Funds of Indiana meeting of friends exempt.] All moneys,
funds or credits belonging to the representative body of Indiana meeting of
friends or the religious society known as the German baptists or dunkers in
this state, which moneys, funds or credits or the income therefrom shall be ex-
1519
Tit. XIII, Ch. 1.
DEFINITIONS AND PROPERTY.
$ 2733.
clusively used for [the support of] the poor of such denomination, society or
congregation, shall be exempt from taxation; and the person or persons having
the care and supervision of such moneys, funds or credits, shall not be required
to return or list the same for taxation. [89 v. 383; 76 v. 184.]
SEC. 2733. [Lands held by religious society, etc., under lease of more
than fourteen years subject to taxation.] All lands held under lease for
any term exceeding fourteen years, and not subject to re-valuation belonging
to the state or any municipal corporation, or to any religious, scientific or
benevolent society, or institution, whether incorporated or unincorporated, or
to trustees for free education only, and school and ministerial lands, shall be
considered for all purposes of taxation as the property of the person or persons
holding the same, and shall be assessed in their name. [1881, February 17:
78 v. 32; Rev. Stat. 1880; 56 v. 175, §5; (S. & C. 1442).]
This section applies to perpetual leases of school land owned by the state and appropriated in each
township for school purposes, under an arrangement between the United States and the state of Ohio: Bent-
ley v. Barton, 41 O. S. 410.
The "owner" referred to in 2626 of the Municipal Code, relating to assessments for sewers, must, as a
general rule, be one having a freehold estate in the premises assessed. Perhaps exceptions to the rule exist.
See ?? 2733 and 4181, Revised Statutes: Davis v. Cincinnati, 36 O. S. 26.
Lands held under lease for any term exceeding fourteen years, and not subject to revaluation, belong-
ing to a municipal corporation, are made subject to taxation by this section as passed February 17, 1881,
although they are exempt under 2 2732; Ludlow v. Brewster, 3 C. C. 82.
Leased land of a city is taxable to the extent of the lessee's interest only: Zumstein v. Coal, etc., Co., 54
O. S. 264.
1520
Tit. XIII.
LISTING PERSONAL PROPERTY.
Ch. 2..
CHAPTER 2.
LISTING PERSONAL PROPERTY.
SECTION
2734.
Who shall list personal property
SECTION
2772.
2735.
Where it shall be listed.
2773.
2736.
When to be listed and as of what day.
2737.
What the statement shall contain, and in
what order.
2774.
2738.
Persons elaiming to have nothing to list shall
make oath to that fact.
2775.
When and where to meet, and their duties.
Penalties for not complying with require
ments of the board.
Apportionment of valuation of railway prop-
erty.
Compensation of members.
2776.
2739.
Rules for valuing personal property.
When road partly in another state, how value.
found.
2739a. Penalty for violating rules for valuing per-
sonal property.
2740.
Who are merchants, and their statements;
commission merchant.
2777.
2741.
2742.
2743.
2744.
2745.
Transient traders, and their returns.
Who are manufacturers, and their returns.
Merchants and manufacturers, commencing
business after the day preceding second
Monday of April, must make return.
Corporations generally: their returns.
Returns by foreign insurance companies.
2745a. Insurance on Ohio property not to be placed
in agency outside state.
27456. Revocation of license for violating above.
2745c. Superintendent of insurance to inspect com-
pany charged with violating law.
2745d. Expenses of inspection.
2746.
2747.
2748.
2749.
In whose name property shall be listed; but
stock in companies which make returns of
capital not to be listed by shareholders.
When lists to be made: notice and form to be
given by assessor.
Statements to be verified by oath.
State auditor to furnish blank; oath of person
listing property; fixing values; county au-
ditor to assemble and instruct assessors and
furnish blanks.
2778.
EXPRESS, TELEGRAPH AND TELEPHONE Co's.
Who deemed express, telegraph or telephone
company.
Annual statements to auditor of state.
2778a. State board of appraisers: assessments by;
correction thereof.
2779
2780.
Penalty for failure to file statement; further
powers of board; penalty for refusal to
bring books and papers or to testify; stat-
utes as to false returns applicable.
Duty of county auditor.
EXCISE TAX ON EXPRESS CO's.
2780-1. Express company defined.
2780-2. Annual statement to auditor.
2780-3. Statements by local agents.
2780-4.
State board of appraisers, powers, duties,
etc.
2780-5.
Penalty for failure to file statement; further
powers; penalties for refusing to testify
or bring books.
2780-6. Annual report of state board; collection
and disposition of tax; fees; suits.
2750.
When assessor shall make the list.
2780-7.
2751.
2752.
2753.
Upon what information the assessor shall act.
When persons may make return after the as-
sessor has made return for them.
Assessing realty and new structures not before
assessed; structures, trees, etc., destroyed
by fire, cyclones, etc.; incorrect decennial
valuation; additions.
FREIGHT LINE AND EQUIPMENT Co's.
Freight lines and equipment companies de
fined.
2780-8.
Annual statements of same; blanks; ex-
emptions.
.
2780-9.
All dogs to be listed, and how.
Returns to be made by the assessor.
2754.
2755.
2756.
2757.
He shall also deliver original statements.
His oath to returns.
2758.
2759.
UNINCORPORATED BANKS AND BANKERS.
Who deemed bankers.
Statement by incorporated banks and bank-
ers; deduction by county auditor.
2759a. Further statement required.
27596. Savings banks.
2760.
2761.
(2762.
2763.
2764.
2765.
2766.
2767.
2768.
2769.
How averages obtained,
Persons commencing business of banking,
how to be listed.
INCORPORated BankS.
Shares to be listed.
Tax on their real estate.
List of names and residences of stockholders
to be kept by banks.
Returns to be made by banks.
Auditor to fix value of bank shares and report
to board of equalization.
[Repealed.]
[Repealed.]
Proceedings and penalty when bank fails to
make return.
RAILROAD COMPANIES.
State board of appraisers and assessors;.
members; officers; minutes; meeting;
right to appear, etc.
2780-10. Penalty; recovery and disposition of same.
2780-11. Annual report; assessment and collection;
penalty.
2780-12. Sleeping-car company defined.
2780-13. Annual statement.
2780-14. State board of appraisers and assessors;
members; powers, etc.
2780-15. Penalty.
2780-16. Report; filing of statements, etc.; disposi-
tion of tax; suit to collect.
ELECTRIC LIGHT, GAS, NATURAL GAS, PIPE-LINE, WA-
TER-WORKS, STREET RAILROAD, RAILROAD, MES-
senger or SIGNAL COMPANIES.
2780-17. Electric light, gas, natural gas, pipe-line,
water-works, street railroad, railroad,
messenger or signal companies defined.
2780-18. Annual statements.
2780-19. State board of appraisers and assessors;
members; officers; minutes; meeting;
right to appear, etc.
2780-20. Penalty; recovery and disposition of same.
2780-21. Annual reports; assessments and collec-
tion; penalty.
2780-22. Exemption.of municipalities.
CORRECTIONS OF RETURNS.
2781.
Action of auditor upon false tax return or
evasion of return.
2782.
His correction of returns.
2770.
2771.
County auditors to be board of appraisers.
Who president of the board; quorum; secre-
tary; record of votes; copy of minutes to
be kept in auditor's office.
2783.
2784.
Penalties for refusal to obey process.
Assessors to return fact when parties refuse to
swear.
2785.
Filing away statements.
1521
Tit. XIII, Ch. 2. LISTING PERSONAL PROPERTY.
§§ 2734-2735.
As to return for liquor tax (83 v. 157), see ? (4364-9) et seq.; on cigarettes see
? (4364-31.)
For the licensing of certain trades, etc., in certain cities, see? (2672-1) et seq.
For acts authorizing the employment of persons to discover omitted taxes, see ?? 1343a,
13436, and (85 v. 170), % (1343-1) et seq.
SEC. 2734. [Who shall list personal property.] Every person of full
age and sound mind shall list the personal property of which he is the owner,"
and all moneys in his possession, all moneys invested, loaned or otherwise con-
trolled by him, as agent or attorney, or on account of any other person or per-
sons, company or corporation whatsoever, and all moneys deposited subject to
his order, check, or draft, and all credits due or owing from any person or per-
sons, body corporate or politic, whether in or out of such county; all money
loaned on pledge or mortgage of real estate, although a deed or other instru-
ment may have been given for the same, if between the parties the same is
considered as security merely the property of every ward shall be listed by his
guardian, of every minor child, idiot, or lunatic having no guardian, by his
father, if living; if not, by his mother, if living; and if neither father nor
mother be living, by the person having such property in charge; of every wife
by her husband, if of sound mind, if not, by herself; of every person for whose
benefit property is held in trust, by the trustees; of every estate of a deceased
person, by his executor or administrator; of corporations whose assets are in
the hands of receivers, by such receivers; of every company, firm, or corpora-
tion, by the president or principal accounting officer, partner or agent thereof;
and all surplus or undivided profits held by any society for savings or bank
having no capital stock, by the president or principal accounting officer.
[62 v. 105, §4; 75 v. 441, §1; 76 v. 28, § 2; S. & S. 756; (S. & C. 1441).]
See notes under ? 2731.
A guardian's authority to list property terminates at his ward's death. Sommers v. Boyd, 48 O. S. 648.
An assignee of an insolvent need not list personal assets for taxation. McNeill v. Hagerty, 51 O. S. 255.
But an administrator of an insolvent estate must pay taxes on funds in his hands: Robb's Estate, 5
N. P. 52.
A resident owner of intangible property under the control of a non-resident agent for investment must
return it for taxation. But a resident agent need not return for taxation the partnership property held by
him for investment: Lee v. Dawson, 8 C. C. 365; 1 O. D. 483.
An unincorporated company, though not strictly a copartnership, owning personal property in this
state, is subject to taxation thereon in the name of such company, and said property should be listed in the
tax district where the principal business office of such company is located, and in which its managing agent
resides: Pomeroy Salt Co. v. Davis, Treas., 21 O. S. 555.
Cited, as to listing by guardian for ward, in Campbell v. Park, 32 O. S. 561.
See note to Bradley et al. v. Bauder, 36 O. S. 28, under ? 2730.
Cited in Pelton v. Transportation Co., 37 O. S. 457.
Credits owned by a non-resident of this state are not taxable here unless they are held within this state
by a guardian, trustee, or agent of the owner, by whom they must be returned for taxation: Grant v. Jones,
39 O. S. 507.
A judgment must be listed as a credit by the person owning it, although there are proceedings in error
pending for its reversal: Cameron v. Cappeller, Auditor, 41 O. S. 533.
Where there are two administrators of an estate, and they live in different counties, "the moneys,
credits, and investments" belonging to the estate, must be listed in the county where the administrator who
has active control and possession resides: Brown v. Noble. 42 0. S. 405.
See note to Myers v. Seaberger, 45 O. S. 232, under 2731.
A judgment which is pending on error should be appraised for taxation at its true value in money at
the time of listing and not at its nominal value, but if the board of equalization in the absence of fraud, fixes
it at ½ its nominal value, such action is conclusive, and where this judgment, which was pending on error, is
affirmed by the Supreme Court, the auditor cannot proceed under 2 2781 and 2782, to add the difference be-
tween the such valuation and the nominal valuation with the fifty per cent. penalty: Sherard et al. v. Liud- .
say, Treas., 13 C. C. 315; 7 O. D. 245.
A mortgage on real estate in Ohio, the security being owned by a non-resident, is not taxable because
in the hands of a resident agent: Edit. U. S. Circuit Court, 37 W. L. B. 225.
An assignee who asks for the amount of the taxes of the treasurer and pays the amount stated, is not
liable for taxes subsequently discovered, the assignment having wound up: In re assignment, Chas E.
Ehlers, edit., 37 W. L. B. 405.
It is the duty of the assignee to inquire as to the taxes not delinquent: Id.
The treasurer need not file a claim for taxes with the assignee: Id.
An assignee for benefit of creditors continuing the business under order of court must list for taxation:
County treasurer v. Bobe, assignee, 40 W. L. B. 198, edit.
SEC. 2735. [Where personal property shall be listed.] Every person
required to list property on behalf of others shall list the same in the same
township, city, or village in which he would be required to list it if such
speci-
property were his own; but he shall list it separately from his own,
fying in each case the name of the person, estate, company, or corporation,
to whom it belongs; all merchants' and manufacturers' stock, and all personal
property upon farms shall be listed in the township, city, or village in which the
97
1522
§§ 2736-2737.
LISTING PERSONAL PROPERTY.
Tit. XIII, Ch. 2.
same may be situated; and all other personal property, moneys, credits, and
investments, except as otherwise specially provided, shall be listed in the town-
ship, city, or village in which the person to be charged with taxes thereon may
reside at the time of the listing thereof, if such person reside within the county
where the same are listed, and if not, then in the township, city, or village where
the property is when listed. [62 v. 105, § 4; S. & S. 756.]
Place of listing where there are two or more executors or administrators of the same estate. State v. Mat-
thews, 10 0. S. 431.
The administrator's domicil is the legal situs of credits of the estate. Sommers v. Boyd, 48 O. S. 648. But
not if a nonresident of the estate appoints a resident as one of his executors. Hawk v. Bonn, 6 C. C. 452.
Residence if domicil is abandoned and no new one acquired. Harper v. White (Supr. Ct.), 35 Bull. 138.
Cited. Dillman v. Hastings, 145 U. S. 136, 141,
The place specified in the articles of incorporation, as the principal office of the corporation, is to be
regarded as its residence within the meaning of this section: Pelton v. Transportation Co., 37 O. S. 450.
A person or corporation may change residence for the purpose of avoiding taxation: Ib. 456, 457.
Under the act of April 5, 1859 (S. & C. 1442), steamboats, whose home port is in the county where the
owner resides, are subject to taxation in the township where the owner resides, whether such owner be a
natural person or a corporation: Ib. 450.
"
Where administrators of an estate reside in different counties, the "moneys, credits, and investments
belonging to the estate must be listed for taxation in the county where the administrator having actual pos-
session and control of the property to be listed resides at the time of listing: Brown v. Noble. 42 O. S. 405.
Cited Collett, treasurer v. The Springfield Savings Society, 13 C. C. 139; 7 O. D. 148, aff'd 37 W. L. B. 332.
Also see note to same case under27596.
SEC. 2736. [When property to be listed, and as of what day.] Each
person required to list property shall, annually, upon receiving a blank for that
purpose from the assessor, or within five days thereafter, make out and deliver
to the assessor a statement, verified by his oath, as required by law, of all the
personal property, moneys, credits, investments in bonds, stocks, joint-stock
companies, annuities, or otherwise, in his possession, or under his control, on
the day preceding the second Monday of April of that year, which he is re-
quired by law to list for taxation, either as owner or holder thereof, or as par-
ent, husband, guardian, trustee, executor, administrator, receiver, accounting
officer, partner, agent, factor, or otherwise; and also of all moneys, credits, in-
vestments in bonds, stocks, joint-stock companies, or otherwise, held on said
day by another, residing in or out of this state, for, and belonging to the per-
son so listing, or any one residing in this state, for whom he is required by law
to list, and not listed by such holder thereof, for taxation in this state.
[88 v.
96; 65 v. 38, § 6; S. & S. 758; (S. & C. 1442).]
Where there are two administrators of an estate, and they reside in different counties, the one who has
not in his actual possession and control "the moneys, credits, and investments" belonging to the estate, is
not required to list the same for taxation if they are, in fact, listed by the other administrator in the county
where such other resides: Brown v. Noble, 42 O. S. 405.
S. 468.
Pledged stock is taxable in the pledgor's name. It is not out of his control: Ratterman v. Ingalls, 48 O.
See notes under 2 2734.
Cited Collett, treasurer v. The Springfield Savings Society, 13 C. C. 139; 7 O. D. 148, aff'd 37 W. L. B. 332.
Also see note to same case under ? 27596.
A state may make the ownership of property subject to taxation relate to any day or days, or period of
the year, which it may think proper; and the selection of a particular day on which returns of their property
for the purpose of assessment are to be made by tax-payers does not preclude the making of assessments as of
other periods of the year: Shotwell v. Moore, 129 U. S. Supreme Court 590.
SEC. 2737. [What the statement shall contain, and in what order.]
Such statement shall truly and distinctly set forth, first, the number of horses,
and the value thereof; second, the number of neat cattle, and the value
thereof; third, the number of mules and asses, and the value thereof; fourth,
the number of sheep, and the value thereof; fifth, the number of hogs, and
the value thereof; sixth, the number of pleasure carriages (of whatever kind),
and the value thereof; seventh, the total value of all articles of personal
property, not included in the preceding or succeeding classes; eighth, the num-
ber of watches, and the value thereof; ninth, the number of piano fortes and
organs, and the value thereof; tenth, the average value of the goods and
merchandise, which such person is required to list as a merchant; eleventh,
the value of the property which such person is required to list as a banker,
broker, or stock-jobber; twelfth, the average value of the materials and manu-
1523
Tit. XIII, Ch. 2. LISTING PERSONAL PROPERTY.
§§ 2738-2739.
factured articles which such person is required to list as a manufacturer; thir-
teenth, moneys on hand or on deposit subject to order; fourteenth, the amount
of credits as herein before defined; fifteenth, the amount of all moneys invested.
in bonds, stocks, joint stock companies, annuities, or otherwise; sixteenth, the
monthly average amount or value, for the time he held or controlled the same,
within the preceding year, of all moneys, credits, or other effects, within that
time invested in, or converted into bonds or other securities of the United
States or of this state, not taxed, to the extent he may hold or control such
bonds or securities on said day preceding the second Monday of April; and any
indebtedness created in the purchase of such bonds or securities shall not be
deducted from the credits under the fourteenth item of this section; but the
person making such statement may exhibit to the assessor the property covered
by the first nine items of this section, and allow the assessor to affix the value
thereof, and in such case the oath of the person making the statement shall be
in that regard only that he has fully exhibited the property covered by said
nine items. [56 v. 175, §7; 65 v. 38, § 6; S. & C. 1442; S. & S. 758.]
Choses in action are to be listed at their true value. If a note is wholly worthless it is not to be listed at
all. It is to be listed at what it is worth: Exchange Bank of Columbus v. Hines, 3 O. S. 1.
Investments in bonds or stocks of a foreign corporation, by residents of Ohio, are taxable in Ohio; and
the provisions of the act of April 5, 1849 (2 S. & C. 1438), imposing a tax on such bonds and stocks, are not in
violation of the federal or state Constitution. Same is true if the bonds or stocks are out of the state, in agents'
hands: Worthington v. Sebastian, Treas., 25 O. S. 1.
Under Title 13 of the Revised Statutes, relating to taxation, a person required to list property is not
authorized to deduct his debts from his investment in bonds, as therein defined, and to return the excess only
for taxation: Payne v. Watterson, 37 O. S. 121.
Under the act of April 5, 1859 (S. & C. 1442), steamboats, whose home port is in the county where the
owner resides, are subject to taxation in the township where the owner resides, whether such owner be a
natural person or a corporation: Pelton v. Transportation Co., 37 O. S. 450.
Subdivision 16 of this section is not in conflict with 23701 of the Revised Statutes of the United States,
nor with 2, Art. XII, of the Constitution of Ohio: Shotwell v. Moore, 45 O. S. 632. ·
Subdivision 16 of 2 2737, of the Revised Statutes of Ohio, does not tax the citizen for the greenbacks or
other United States securities which he may have held at any time during the year, but taxes him upon the
money, credits, or other capital which he has had and used, according to the average monthly amount so
held, and is not in conflict with 2 3701 of the Revised Statutes of the United States, exempting the obligations
of the United States from taxation under state, municipal, or local authority. Shotwell v. Moore, 45 O. S. 632,
affirmed: Shotwell v. Moore, 129 U. S. Supreme Court 590, 593, 599. Bradley, J., dissented.
When a tax-payer refuses or neglects to make a return under paragraph 16, the auditor may place the
same on the tax duplicate by virtue of 22 2781 and 2782, for the year it should have been returned, with fifty
per cent. addition: Sherard et al. Ex'rs. v. Lindsay, Treas., 13 C. Č. 334; 7 O. D. 245.
National Bank shares taxable without deduction: Chapman v. Nat. Bank, 56 O. S. 310.
Cited Collett, treasurer v. Springfield Savings Society, 13 C. C. 139; 7 O. D. 148, aff'd 37 W. L. B. 332.
Also see note to same case under 2 27596.
SEC. 2738. [Persons claiming to have nothing to list must make oath
to that fact.] Any person who being called upon to list property for taxa-
tion, claims to have none, either on his own account or for others, subject to
taxation, shall be required by the assessor to make oath to the truth of his
claim in that behalf. [56 v. 175, § 8; S. & C. 1443.]
SEC. 2739. [Rules for valuing personal property.] In listing personal
property, it shall be valued at the usual selling price thereof, at the time of
listing, and at the place where the same may then be; and if there be no usual
selling price known to the person whose duty it is to fix a value thereon, then
at such price as it is believed could be obtained therefor, in money, at such
time and place; investments in bonds, stocks, joint stock companies, or other-
wise, shall be valued at the true value thereof, in money; money, whether in
possession or on deposit, shall be entered in the statement at the full amount
thereof, except that depreciated circulating notes shall be entered at their cur-
rent value; every credit for a sum certain, payable either in money, property of
any kind, labor or service, shall be valued at the full amount of the sum so
payable, except that if it be for a specific article, or for a specified number or
quantity of any article or articles of property, or for a certain amount of labor
or services of any kind, it shall be valued at the current price of such property
or of such labor or service, at the place where payable; and annuities, or moneys
receivable at stated periods, shall be valued at the sum which the person listing
1524
§§ 2739a-2741.
LISTING PERSONAL PROPERTY.
Tit. XIII, Ch. 2.
the same believes them to be worth in money at the time of listing. [56 v.
175, §9; S. & C. 1443.]
Choses in action must be listed at their true value: Exchange Bank v. Hines, 3 O. S. 1. What is an
annuity: Wetmore v. State, 18 O. 77.
Cited Collett, treasurer v. Springfield Savings Society, 13 C. C. 139; 7 O. D. 148, aff'd 37 W. L. B. 332.
Also see note to same case under ? 27596.
SEC. 2739a. [Penalty for violating rules for valuing personal prop-
erty.] Any additions made to the tax-list and duplicate by any board of
equalization or county auditor shall be as to valuations, in strict accordance
with the provisions of section two thousand seven hundred and thirty-nine; and any
officer willfully violating any of the provisions of section two thousand seven
hundred and thirty-nine or of this section shall be deemed guilty of a misde-
meanor, and on conviction thereof, before any court of competent jurisdiction,
shall be sentenced by the court, to pay a fine of two hundred dollars, and it is
hereby made the duty of the prosecuting attorney of the county to enforce the
provisions of this section. [1886, April 14: 83 v. 80.]
SEC. 2740. [Statement of merchants; by consignee; commission
merchant.] Every person who shall own or have in his possession or subject
to his control any personal property within this state, with authority to sell
the same, which shall have been purchased either in or out of this state, with
a view to being sold at an advanced price or profit, or which shall have been
consigned to him from any place out of this state for the purpose of being sold
at any place within this state, shall be held to be a merchant; and when he
shall be by this chapter required to make out and deliver to the assessor a
statement of his other personal property, he shall state the value of such prop-
erty appertaining to his business as a merchant; and in estimating the value
thereof he shall take as the criterion the average value of all such articles of
personal property which he shall have had from time to time in his possession
or under his control during the year next previous to the time of making such
statement, if so long he shall have been engaged in business, and if not, then dur-
ing such time as he shall have been so engaged; and the average shall be made
up by taking the amount in value on hand, as nearly as may be, in each month
of the next preceding year in which the person making such statement shall
have been engaged in business, adding together such amounts and dividing the
aggregate amount thereof by the number of months that the person making
the statement may have been in business during the preceding year; provided,
that no consignee shall be required to list for taxation the value of any proper-
ty, the product of this state, which shall have been consigned to him, for sale
or otherwise, from any place within the state, nor the value of any property
consigned to him from any other place for the sole purpose of being stored or
forwarded; provided, he shall, in either case, have no interest in such proper-
ty, or any profit to be derived from its sale. But no person who is engaged in
the business of selling on commission and who does not retain control of such
property longer than 48 hours shall be held to be a merchant within the mean-
ing of this act. [91 v. 351; 56 v. 175, § 11; S. & C. 1444.]
Listing of merchant's stock: Treasurer of Perry Co. v. Moeller, 11 O. 428; Jackson v. State, 15 O. 652;
Raguet v. Wade, 4 O. 107; State v. Jones, 51 O. S. 492, 506.
A person who purchases and slaughters hogs for the purpose of adding to the value thereof by certain
processes and combination with other materials, whereby they are converted into bacon, lard, and cured
meats, with a view of making a gain or profit thereby, is not a merchant and taxable under 2740 of the
Revised Statutes, but is a manufacturer, and taxable as such under 2 2742, Revised Statutes: Engle v. Sohn,
41 O. S. 691.
See note to Shotwell v. Moore, 45 O. S. 632, under ? 2737.
? 2740. The section is valid—its construction: Huddleston v. Hagerty, 2 N. P. 291; 1 0. D. 331.
SEC. 2741. [Transient traders: their returns.] Whenever any tran-
sient person shall locate in any city, village, or township, and shall offer to sell
or otherwise dispose of any books or other goods, wares, or merchandise, under
the name of a gift book store, or any other name or designation, it shall be the
duty of the proper assessor for the time being, of the place where such person
shall locate, forthwith to call upon such person, and demand of him the true
1525
Tit. XIII, Ch. 2. LISTING PERSONAL PROPERTY.
§§ 2742-2744.
value in money of all his stock in trade; and in case such person shall neglect
or refuse to return the same under oath, within twenty-four hours after such
demand, then it shall be the duty of said assessor to determine the same as in
other cases, and in either case he shall forthwith return said valuation to the
auditor of the county. [58 v. 134, § 1; S. & S. 760.]
The act of 1861, taxing "transient traders" (S. & S. 760), which is part of the Revised Statutes, provides
that if any such person shall locate in any place in this state, his stock in trade is liable to taxation; but there is
no requirement that he shall be taxed on his credits or other investments: Grant v. Jones, 39 O. S. 515.
SEC. 2742. [Manufacturers must list all articles used in manufactur-
ing, refining, etc.; and all manufactured articles on hand, engines, tools,
etc. Every person who shall purchase, receive or hold personal property of
any description for the purpose of adding to the value thereof by any process
of manufacturing, refining, rectifying, or by the combination of different
materials with a view of making a gain or profit by so doing, shall be held to
be a manufacturer, and he shall, when he is required to make and deliver to the
assessor a statement of the amount of his other personal property subject to
taxation, also include in his statement the average value estimated, as provid-
ed herein, of all articles purchased, received or otherwise held for the purpose
of being used, in whole or in part, in any process or operation of manufactur-
ing, combining, rectifying or refining, and, also, of all articles which were at
any time by him manufactured or changed in any way, either by combination
or rectifying, or refining or adding thereto which, from time to time, he shall
have had on hand during the year next previous to the first day of April an-
nually, if so long he shall have been engaged in such manufacturing business,
and if not, then during the time he shall have been so engaged. The said
average value shall be ascertained by taking the value of all said property sub-
ject to be listed on the average basis, owned by such manufacturers, on the
last business day of each month the manufacturer was engaged in business
during the year, adding such monthly values together and dividing the result
by the number of months the manufacturer was engaged in such business
during the year and the result shall be the average value to be listed. Every
such manufacturer shall also list at their fair cash value, all engines and ma-
chinery of every description used, or designed to be used, in any process of re-
fining or manufacturing (except such fixtures as shall have been considered a
part of any parcel or parcels of real property), including all tools and imple-
ments of every kind used, or designed to be used, for the aforesaid purpose,
owned or used by such manufacturer. [88 v. 341; 61 v. 82, § 12; S. & S. 758;
(S. & C. 1444).]
For refunding taxes erroneously paid in Hamilton Co. under ? 2742 as it then stood,
87 v. 212.
Cited State v. Jones, 51 O. S. 492, 506.
In so far as this relates to past transaction, it is unconstitutional; and in so far as it applies to part of
the state, it is void as a special law: Commrs. v. Rosche, 50 O. S. 103.
But it is not double taxation: Christian Moerlein Brew. Co. v. Hagerty, 8 C. C. 330; 1 O. D. 204.
SEC. 2743. [By merchants or manufacturers commencing business
after the day preceding the second Monday of April.] When any person
shall commence business as a merchant or manufacturer in any county after
the day preceding the second Monday of April in any year, the average value
of whose personal property employed in such business shall not have been
previously entered on the assessor's list for taxation in said county, such person
shall report to the auditor of the county the probable average value of the
personal property by him intended to be employed in such business until the
day preceding the second Monday of April thereafter. [56 v. 175, § 13; S. & C.
1445.]
SEC. 2744. [Corporations generally; their returns.] The president,
secretary, and principal accounting officer of every canal or slackwater naviga-
tion company, turnpike company, plank-road company, bridge company,
:
1526
§ 2745.
LISTING PERSONAL PROPERTY.
Tit. XIII, Ch. 2.
insurance company, telegraph company, or other joint stock company, except
banking or other corporations whose taxation is specifically provided for,
for whatever purpose they may have been created, whether incorporated by
any law of this state or not, shall list for taxation, verified by the oath of
the person so listing, all the personal property, which shall be held to
include all such real estate as is necessary to the daily operations of the
company, moneys and credits of such company or corporation within the
state, at the actual value in money, in manner following: In all cases
return shall be made to the several auditors of the respective counties where
such property may be situated, together with a statement of the amount
of said property which is situated in each township, village, city, or ward
therein. The value of all movable property shall be added to the stationary
and fixed property and real estate, and apportioned to such wards, cities, vil-
lages, or townships, pro rata, in proportion to the value of the real estate and
fixed property in said ward, city, village, or township, and all property so
listed shall be subject to and pay the same taxes as other property listed in
such ward, city, village, or township. It shall be the duty of the accounting
officer aforesaid to make return to the auditor of state during the month of
May of each year of the aggregate amount of all property by him returned to
the several auditors of the respective counties in which the same may be
located. It shall be the duty of the auditor of each county, on or before the
first Monday of May, annually, to furnish the aforesaid president, secretary,
principal accounting officer, or agent, the necessary blanks for the purpose of
making aforesaid returns; but no neglect or failure on the part of the county
auditor to furnish such blanks shall excuse any such president, secretary, prin-
cipal accountant, or agent, from making the returns within the time specified
herein. If the county auditor to whom returns are made is of the opinion that
false or incorrect valuations have been made, or that the property of the cor-
poration or association has not been listed at its full value, or that it has
not been listed in the location where it properly belongs, or in cases where no
return has been made to the county auditor, he is hereby required to proceed
to have the same valued and assessed: provided, that nothing in this section
shall be so construed as to tax any stock or interest in any joint stock company
held by the state. [73 v. 139, § 16; (S. & C. 1446).]
Express, telegraph and telephone companies expressly taken out of this section, see
? 2778. ~ Also sleeping car companies, see ?(2780-13.) Also freight line and equipment
companies, see ? (2780-8). As to other companies, see ? (2780—1) et seq.
Listing by insurance company: Farmers' Insurance Co. v. La Rue, 22 O. S. 630.
A franchise is not property, and not taxable: Bank v. Hines, 3 O. S. 1.
See note to Pomeroy Salt Co. v. Davis, Treas., 21 O. S. 555, under 2 2734.
That the legislature intended to embrace the capital stock of a company, is too obvious to be misunder-
stood. No other meaning can be drawn from the language employed, and no other construction is better
calculated to do justice: Jones v. Davis, 35 O. S. 477.
See note to Bradley v. Bauder, 36 O. S. 28, under 2 2730.
Re-insurance is not a "legal bona fide debt" within the meaning of 22730, to be deducted from "claims
and demands" due the company: Insurance Co. v. Cappeller, 38 O. S. 560.
The exemption from taxation of investments in stocks, provided by the statute, applies only to shares of
those corporations which are required to return their capital and property for taxation in the state. This
clearly means those corporations which are required to return all, or substantially all, their capital and
property. Jones v. Davis, 35 O. S. 474, approved and followed: Sturges v. Carter, 114 U. S. Supreme Court 522.
See note to same case under 2 2746.
Cited Express Co. v. State, 55 O. S. 80.
SEC. 2745. [Returns by foreign insurance companies.] Every agency
of an insurance company incorporated by the authority of any other state or
government, shall return to the auditor of each county in which such com-
pany does business, or from which it collects premiums on or before the first
day of May, annually, the amount of the gross premium receipts of such
agency for the previous calendar year in such counties; provided, however,
that in the case of regular companies, wherein policy-holders participate in the
surplus and earnings of the company, dividends or surplus from previous pay-
1527
Tit. XIII, Ch. 2. LISTING PERSONAL PROPERTY.
$2745a.
ments allowed and used in the payment of current premiums, cancellation or
surrender values, and commissions paid to the citizens of this state, during
the same period for which receipts are reported, shall be deducted from such
gross receipts, and the net amount after such deductions shall be the basis of
taxation for such companies in the counties, which shall be entered upon the
tax list of the proper county, and be subject to the same rate of taxation, for
all purposes, that other personal property is subject to at the place where locat-
ed; and the whole of said tax shall be due and payable on the twentieth day
of November next ensuing. And it shall be the duty of the superintendent
of insurance, in the month of December, annually, to charge and collect from
all such companies such a sum as, added to the sum paid to the county treas-
uries, will produce an amount equal to two and one-half per cent. on the gross
premium receipts of such companies, as shown by their annual statements,
under oath, to the insurance department; provided, however, that if, by the
laws of any other state, territory or nation, a larger tax than two and one-half
per cent. on such gross premium receipts is charged companies organized un-
der the laws of Ohio, then the superintendent of insurance shall charge a like
tax upon companies from such state, territory or nation doing business in this
state. If any such company refuse to pay said tax, after demand therefor has
been made, or if it shall make any false statement of its gross premium receipts,
the superintendent of insurance shall revoke the license of such company to
do business in this state. If, at any time, said superintendent has reason to
suspect the correctness of the return make [made] of the gross premium receipts
of any such company he may, at the expense of the state, make an examination
of the books of such company, or of its agents, for the purpose of verifying the
All taxes collected under the provisions of this section by the superin-
tendent of insurance shall be paid by him, upon the warrant of the auditor,
into the general revenue fund of the state. [91 v. 91; 90 v. 201; 86 v. 274;
85 v. 183; Rev. Stat. 1880; 73 v. 139, § 16.]
same.
For the disposition of tax on foreign insurance companies in counties containing a
city of the first grade of the first class (86 v. 5, and ? 4 of 86 v. 149, 150), see ?? (2030—9),
(2477—1).
For the disposition of the same tax in counties containing a city or cities of the fourth
grade of the second class (86 v. 114, 115), see ? (2477—54).
Same for counties containing a city of the third grade second class, see ? (2477—70).
For the annual valuation of outstanding policies, etc., by superintendent of insurance,
see ? 279.
See ? 4 of "an act to provide a board of trustees of the firemen's pension fund in cities
of the second grade, first class "-Cleveland (2477-18).
See ? 4 of "an act to create a board of trustees of the firemen's pension fund in cities
of the third grade, first class, and third grade, second class" (84 v. 102), ? (2477—15).
See ? 1 of "" an act to provide for the relief of disabled firemen in cities of the first
class, second grade" (80 v. 86), ? (2477—63).
Springfield firemen's pension act, ? (2477-84).
As to fire department, police and sanitary police pension funds in Cleveland, see
? (1945–2).
This section prescribes the rate of taxation upon every foreign insurance company doing business in this
state. The last clause of 282 is operative only when it is shown that the law of the state where such com-
pany is organized taxes Ohio companies doing business there at a rate higher than foreign companies are
taxed by the mode provided by 2745. In such case the foreign company, in addition to the tax on the gross
receipts, should be taxed in such additional sum as will be sufficient to make the total equal to the amount
that would be realized were the rule of the state where the company was organized applied to its transactious
in this state, but no more: State ex rel. v. Reinmund, 45 O. S. 214.
As to amount to be paid, see State ex rel. v. Hahu, 50 O. S. 714.
The superintendent may exercise the power of revoking or declining to renew a license by virtue of this
section, although an action brought by him for the taxes, is still pending: Ohio ex rel. v. Insurance Com-
pany, 58 O. S. 1.
SEC. 2745a. [Insurance policy on Ohio property not to be placed
in agency outside state.] It shall be unlawful for any insurance company
or agent legally authorized to transact insurance business in the state of Ohio
to write, place, or cause to be written or placed, any policy or renewal of policy
contract for insurance upon property situated or located in the state of Ohio,
in or through any such legally authorized company outside of the state of
1528
§§ 27456-2746.
LISTING PERSONAL PROPERTY.
Tit. XIII, Ch. 2.
Ohio, and the writing, renewal, placing or causing to be written or placed any
such policy of insurance is hereby declared to be a violation of the law provid-
ing for the payment of taxes by foreign insurance companies doing business
in the state of Ohio, as set out and provided in section 2745 of an act passed
by the general assembly of the state of Ohio April 12, 1889. [88 v. 487.]
SEC. 2745b. [Revocation of license for violating above.] That any
company or companies violating the provisions of section 2745a of this act,
upon notice and satisfactory proof thereof being made to the superintendent
of insurance of the state of Ohio, shall have its or their authority to transact
business in the state of Ohio revoked for a period of not less than ninety days;
and any insurance company whose license to do business in the state of Ohio
may be so revoked by the superintendent of insurance of the state of Ohio,
shall not be again permitted to do business in the state of Ohio, until all taxes
and penalties due thereon shall have been paid, together with any expense that
may be due under the provisions of this bill, to the superintendent of insurance
of the state of Ohio; and such company shall only be re-admitted to transact
business in the state of Ohio upon a complete re-compliance with the laws now
in force in regard to the admission of insurance companies to do business
in Ohio. [88 v. 488.]
SEC. 2745c. [Superintendent of insurance to inspect company
charged with violating law.] That when notice of any violation of the
first section of this act is received by the superintendent of insurance of
the state of Ohio, [that] it shall forth with be his duty in person, or by deputy,
to visit the office of such company or companies where such contract of insur-
ance may have been written or made, and demand an inspection of the books
and records of such company or companies; any company or companies refus-
ing to exhibit its or their books and records for his inspection shall be deemed
guilty of violating the provisions of the first section* of this act, and the pen-
alties provided in this act shall immediately be enforced against such company
or companies, by the superintendent of insurance of the state of Ohio. [88
v. 488.]
The first section includes section 2745a, b, c, and d.
SEC. 2745d. [Expenses of inspection.] The superintendent of insur-
ance of the state of Ohio shall receive, as a compensation for the services
rendered under the provisions of this act, his necessary expenses, which sum
shall be charged against the company or companies so visited by him, and
shall be collected from such company or companies by suit in any court of com-
petent jurisdiction. [88 v. 488.]
SEC. 2746. [In whose name property to be listed; but stock in com-
panies which make return of capital not to be listed by shareholder.]
Personal property of every description, moneys and credits, investments in
bonds, stocks, joint stock companies, or otherwise, shall be listed in the name of
the person who was the owner thereof on the day preceding the second Monday
of April, in each year; but no person shall be required to list for taxation any
share or shares of the capital stock of any company, the capital stock of which
is taxed in the name of such company. [56 v. 175, § 59; S. & C. 1460.]
The capital stock of a corporation consists of the money and property subscribed and paid in for the
purpose of carrying on its business operations. It constitutes a corporate fund belonging to the corporate
body: Jones v. Davis, 35 O. S. 476, 477.
For the purposes of taxation, the capital stock is represented by whatever it is invested in: Ib. 477.
An owner, residing in Ohio, of shares of stock in a foreign corporation, is required to list the same for
taxation, notwithstanding the capital of the corporation is taxed in the state where the corporation is situ-
ated: Bradley v. Bauder, 36 O. S. 28.
The exemption does not apply to shares of a foreign corporation which pays taxes in Ohio on substantial
property here; nor to shares of a railroad company formed by the consolidation of an Ohio company with
companies of other states, although such company pays taxes in Ohio on its property situated here: Lee,
Treas. v. Sturges, Insurance Co. v. Ratterman, Treas., 46 O. S. 153.
This provision does not apply to shares in a foreign corporation which pays taxes in Ohio only on the
portion of its property which is situated there: Sturges v. Carter, 114 U. S. Supreme Court 512.
The shares held by the stockholders are distinct from the capital stock of the corporation, and the tax-
1529
Tit. XIII, Ch. 2.
LISTING PERSONAL PROPERTY.
S$ 2747-2749.
ation of both is not necessarily double taxation. Bradley v. Bauder, 36 O. S. 28, cited and approved: Ib. See
note to same case under 2 2744.
Preferred stock is capital stock, and not returnable for taxation. Miller v. Ratterman, 47 O. S. 141.
Cited Collett, treasurer v. Springfield Savings Society, 13 C. C. 140; 7 O. D. 148, aff'd 37 W. L. B. 332.
Also see note to same case under ? 27596.
SEC. 2747. [When lists to be made; notice and forms to be given by
assessors.] The listing of all personal property, moneys, credits, investments
in bonds, stocks, joint stock companies, or otherwise, shall be made between
the second Monday of April and the third Monday of May, annually; and
the assessor shall, on or before the first Monday of May, annually, leave with
each person, resident in his township or ward, of full age, and not a married
woman, or insane person, or at the office, usual place of residence or business
of each person, a written or printed notice, requiring such person to make out
for the assessor a statement of the property which, by law, he is required to
list, accompanied with printed forms, in blank, of the statement required; and
the assessor shall, at the time he delivers such notice and blank forms, demand
and receive such statement, unless such person shall require further time to
make out the same, in which case he shall call for the same before the third
Monday of May. [56 v. 175, § 17; S. & C. 1446.]
SEC. 2748. [Statements to be verified by oath.] Every such statement.
shall be verified by the oath of the person making the same. [56 v. 175, § 17;
S. & C. 1446.]
SEC. 2749. [State auditor to furnish blanks; oath of person listing
property; fixing values; county auditor to assemble and instruct assess-
ors and furnish blanks.] The auditor of state shall, annually, on or before
the first Monday of April, furnish each county auditor with a blank form of
statement for listing personal property, moneys, credits, investments in bonds,
stocks, joint-stock companies, or otherwise, containing all the items required
in section 2737, and such subdivisions thereof, and additional items, as he
may deem necessary to secure accurate, full and honest returns, and values
for taxation; and county auditors, all assessors, and parties required to list
all or any of the items named in said statement, shall use true copies of
said blank statement, and fill up the blanks therein with the true value in
money of the several items therein named; and every person or party so
listing property, or other items named in said statement, shall take and
subscribe an oath or affirmation according to law, to be actually administered
by the assessor, to the effect (adapting the form to the capacity in which the
person making the return acts), that the statement contains, as he verily be-
Îieved, a true account of all the taxable personal property, moneys, credits, and
investments in bonds, stocks, joint-stock companies, annuities or otherwise,
owned or controlled by such party, for his own use, or as husband, parent,
guardian, trustee, executor, administrator, receiver, accounting officer, agent,
factor, or otherwise, and also of all moneys, credits, investments in bonds,
stocks, joint-stock companies, or otherwise, held for him, or any one residing
in this state, for whom he is required by law to list, by any party residing in
or out of this state, and not listed for taxation in pursuance of law in this state
by such holder, and every interest and right, legal or equitable, of the party
listing and of those for whom he is required by law to list in any bonds, stocks,
joint-stock companies, or otherwise, which he is required by law to list for tax-
ation, and that the value affixed to each of said items is the value thereof as
ascertained by the usual selling price thereof for cash, at voluntary sales there-
of, at the time and place of listing; and if there be no usual selling price, then
at such price as could be obtained therefor in money, at such time and place,
and that he has not made any acknowledgment or agreement, or contracted
any debt, without receiving an adequate consideration therefor or resorted to
any device, or created any trust, or sold or exchanged or disposed of any mon-
ey, property, or effects, which were taxable in this state, for United States
1
1530
ާ 2750-2753.
LISTING PERSONAL PROPERTY.
Tit. XIII, Ch. 2.
bonds or other non-taxable securities or moneys, for the purpose of evading
taxation, or diminishing the amount of his return for taxation, and that all
interest that he has or owns in any credit or evidence of indebtedness, se-
cured in any manner, upon real estate or personal property, situated outside of
the county in which he resides, or in any taxable stocks or bonds, or in any
stocks or bonds of any foreign corporation, has been duly listed by him for tax-
ation. Each county auditor shall, before the fifteenth day of April, annually,
issue a call to all the assessors of his county, to meet at his office or some other
place designated by him, at the county seat, within five days, for consultation,
and said assessors shall meet as so ordered; and the auditor shall meet with
said assessors, and answer such questions and give such instructions as shall
tend to a uniformity in the action of the assessors in his county, and it shall
be his duty to specially call their attention to the provisions of law relating to
their duties, and to the listing of property, and to require of them full compli-
ance therewith; and the auditor shall provide and deliver to said assessors
blank forms and instructions, or forward them to the township clerks, immedi-
ately after the meeting of said assessors. [88 v. 96; 62 v. 114, § 56; S. & S.
755; (S. & C. 1459).]
See 3 of " an act to enable councils of incorporated villages in counties containing a
city of the second grade of the first class to adopt regulations for buildings," etc. (86 v.
90), ? (2575-129).
SEC. 2750. [When assessor shall make the list.] When any person
shall refuse or neglect to make out or deliver the statement above required,
or shall refuse or neglect to take and prescribe the oath thereto, the assessor
shall proceed to ascertain the number of each description of the several enumer-
ated articles of personal property and the value thereof, and the value of the
unenumerated articles, and the value of the moneys, credits, and investments
of such person; and for this purpose the assessor may examine on oath any
person or persons whom he may suppose to have a knowledge thereof. [56 v.
175, § 18; S. & C. 1447.]
SEC. 2751. [Upon what information the assessor shall act.] When
such failure to make or verify such statement is occasioned by the sickness or
absence of the person who should make or verify the same, or by his neglect or
refusal to make or verify the same, the assessor, if unable to obtain positive
evidence of the items or value, may make the statement from general reputa-
tion and his own knowledge of facts and circumstances. [56 v. 175, § 19; S. & C.
1447.]
SEC. 2752. [When persons may make return after the assessor has
made return for them.] When any person shall have been prevented from
making or verifying a statement of property for taxation, by sickness or absence,
and the assessor shall have made a statement for him, he may, at any time
before the assessment of taxes thereon by the county auditor, make, verify, and
file with the auditor the proper statement; but in such case before the auditor
shall receive such statement the person making the same must add to the
ordinary affidavit a statement to the effect that his failure to give to the assessor
or verify such statement at the proper time was occasioned by his sickness or
absence; and on the filing of such statement the auditor shall correct the state-
ment made by the assessor. [56 v. 175, § 33; S. & C. 1451.]
SEC. 2753. [Assessing realty and new structures not before assessed;
structures, trees, etc., destroyed by fire, cyclones, etc.; incorrect decennial
valuation; additions.] At the time of taking the lists of personal property
the assessor shall also take a list of all real property which shall have become
subject to taxation and is not on the tax list, and affix a value thereto, accord-
ing to the rules prescribed for district assessors in assessing real estate; and he
shall also make and return a list of all new buildings or other structures of any
1531
Tit. XIII, Ch. 2. LISTING PERSONAL PROPERTY.
§§ 2754-2755.
kind of over one hundred dollars in value, the value of which shall not have
been previously added to, or included in the valuation of the land on which
such structures have been erected, specifying the tract or lot of land on which
each of such structures has been erected, the kind of structure and the value
which, in his opinion, has been added to such tract or lot by the erection
thereof; and in case of the destruction by fire, flood, cyclone, storm or other-
wise, of any structure of any kind, or of orchards, timber, ornamental trees or
groves, over one hundred dollars in value, the value of which shall have been
included in any former valuation of the tract or lot on which the same stood,
the assessor shall determine as near as practicable how much less valuable such
tract or lot is in consequence of such destruction, and make return thereof,
and in case the assessor shall fail or neglect so to do then the county or city
board of equalization shall perform such duty, and the auditor shall deduct the
same from the value thereof as it stands on the tax-list, and if said assessor shall
ascertain that at the last decennial period or annual return, a mistake in the
value of any improvement or betterment of any real property has occurred, or
that the true value thereof has been omitted, then and in such case it shall be
the duty of the assessor to return the correct value thereof, first giving notice
of such action on his part to the owner or agent of his intention so to do, and
such addition shall be a proper subject for the determination of the next annual
board of equalization, upon the petition of the owner or agent of such property
being filed for that purpose, and all additions made by the assessor as contem-
plated by this section, as well as all such as may be made under the provisions.
of section two thousand seven hundred and eighty-one, shall be placed upon the
grand duplicate of the county, and placed in the hands of the county treasurer
for collection, subject to be modified by the action of the next annual board of
equalization. [1886, May 18: 83 v. 194; Rev. Stat. 1880; 56 v. 175, § 22; (S. & C.
1448).]
If the assessor's return for a new building is, by the auditor's mistake, added to a valuation by the board
of equalization, already including it, the error is clerical and subject to conviction and refunder: State v.
Lewis, 15 C. C. 279.
Assessor's addition to realty not reviewable by court, but by board, no notice to owner necessary:
Glenn v. Raine, 4 O. D. 517, aff'd, no report, 55 O. S. 682.
SEC. 2754. [Dogs shall be listed.]. Every dog over three months of age
shall be listed, either by the owner or by the assessor in the name of the owner,
without affixing any valuation thereto; but the owner may, if he so desire,
affix any value thereto he wishes, without swearing to the valuation. Every
person who keeps or harbors a dog or dogs, or who knowingly permits the
keeping or harboring of a dog or dogs upon his or her premises, shall for the
purpose of such listing and taxation be deemed the owner thereof; and the
assessor shall ascertain the owner or harborer of every dog within his territory,
and for this purpose may examine under oath any person or persons he may
think proper. [91 v. 145; 74 v. 177, §§ 1, 2; (S. & S. 9).]
See ?? 2833 and 4215.
A per capita tax on dogs is not inhibited by the Constitution: Holst v. Roe, 39 O. S. 340.
SEC. 2755. [Returns to be made by the assessor.] Each assessor shall, on
or before the third Monday of May, annually, make out and deliver to the county
auditor, in tabular form and alphabetical order, a list or lists of the names of
the several persons, companies, or corporations, in whose names any personal
property, moneys, credits, or investments shall have been listed, either by such
persons, companies, or corporations, or by himself, placing separately, in appro-
priate columns, opposite each name, the aggregate value of the several species
of property enumerated in section twenty-seven hundred and thirty-seven, as listed,
and the number of dogs, and when the value is given by the owner, such val-
uation, making separate lists of persons residing out of any incorporated town,
and of persons who are residents of any incorporated town, or who are resi-
dents of any special or separate school district; the columns shall be accurately
1532
§§ 2756-2758.
LISTING PERSONAL PROPERTY.
Tit. XIII, Ch. 2.
added up, and in every case in which any person whose duty it is to list any
property for taxation, shall have refused or neglected to list the same when
called on for that purpose, or to take and subscribe the oath in regard thereto,
when required, the assessor shall enter opposite the name of such person,
in an
appropriate column the words " refused to list," or "refused to swear," and in
every case in which any person required to list property shall have been absent,
or unable from sickness to list or swear, the assessor shall enter opposite the
name of such person, in the proper column, the word."absent," or "sick."
[74 v. 99, § 20.1
SEC. 2756. [Assessor to return also the original statements properly,
arranged.] At the time of delivering the list named in the next preceding
section, the assessor shall also deliver to the auditor all the statements of prop-
erty which he shall have received from persons required to list the same, and
also those prepared by himself, all arranged in alphabetical order; and the audi-
tor shall carefully preserve the same in his office for at least one year. [56 v.
175, §21; S. & C. 1448.]
SEC. 2757. [Oath of assessor to returns.] The assessor, upon making
return to the auditor of the lists and statements, shall take and subscribe an
oath to the effect following, which may be administered by the auditor, or any
official authorized to administer oaths:
I,
assessor for, in the county of do solemnly swear that
the value of all personal property, moneys, credits, investments in bonds,
stocks, joint-stock companies, or otherwise, of which a statement has been
made to me by the person required by law to list the same, is truly re-
turned as set forth in such statement; that in every case where by law I
have been required to ascertain the items and value of the personal property,
moneys, credits, investments in bonds, stocks, joint-stock companies, or other-
wise, of any person, company or corporation, I have diligently, and by the best
means in my power, endeavored to ascertain the same; and that, as I verily
believe, a full list, with the value thereof estimated by the rules prescribed by
law, is set forth in the annexed return; that in no case have I knowingly
omitted to demand of any person, of whom by law I was required to make
such demand, a statement of the description and value of personal property,
of the amount of moneys, credits, investments in bonds, stocks, joint-stock
companies, or otherwise which he was required to list, or failed to indorse on
any return made by me in cases in which the owner refused or neglected to
list, or swear, the words "refused to list," or "refused to swear," or failed to
swear as required by law, any party who purports to have been sworn as re-
turned by me, or in any way connived at any violation or evasion of any of
the requirements prescribed by law in relation to the listing or valuation of
property, moneys, credits, investments in bonds, stocks, joint-stock companies,
or otherwise, of any kind for taxation, and that I have returned to the county
auditor the original statements made to me, or which I have made, and also
the statistics which by law I am required to procure and return. [88 v. 98;
56 v. 175, § 23; S. & C. 1448.]
UNINCORPORATED BANKS AND BANKERS.
SEC. 2758. [Who deemed bankers.] Every company, association, or
person, not incorporated under any law of this state or of the United States,
for banking purposes, who shall keep an office or other place of business, and
engage in the business of lending money, receiving money on deposit, buying
and selling bullion, bills of exchange, notes, bonds, stocks, or other evidences
of indebtedness, with a view to profit, shall be deemed a bank, banker, or bank-
ers, within the meaning of this chapter. [64 v. 204, § 12; S. & S. 765.]
A partnership engaged in the business of banking, held to be bankers under act of April 12, 1858. Robin-
son v. Ward, 13 O. S. 293.
Sections 2758 to 2769 and 2808 cited. State v. Jones, 51 O. S. 492, 507.
1533
Tit. XIII, Ch. 2. LISTING PERSONAL PROPERTY.
SS 2759-2760.
SEC. 2759. [Statement by unincorporated banks and bankers; deduc-
tion by county auditor.] All unincorporated banks and bankers shall annu
ally, between the first and second Mondays of May, make out and return to the
auditor of the proper county, under oath of the owner or principal officer or
manager thereof, a statement setting forth:
First-The average amount of notes and bills receivable, discounted or pur-
chased in the course of business, by such unincorporated bank, banker or
bankers, and considered good and collectible.
Second-The average amount of accounts receivable.
Third-The average amount of cash and cash items in possession or in
transit.
Fourth-The average amount of all kinds of stocks, bonds, including United
States government bonds, or evidences of indebtedness, held as an investment,
or in any way representing assets.
Fifth-The amount of real estate at its assessed value.
Sixth-The average amount of all deposits.
Seventh-The average amount of accounts payable, exclusive of current
deposit accounts.
Eighth-The average amount of United States government and other securi-
ties that are exempt from taxation.
Ninth-The true value in money of all furniture and other property not
otherwise herein enumerated. From the aggregate sum of the first five items
above enumerated, the said auditor shall deduct the aggregate sum of the fifth,
sixth, seventh, and such portions of the eighth items as are by law exempt
from taxation, and the remainder thus obtained added to the amount of item
nine, shall be entered on the duplicate of the county in the name of such
bank, banker, or bankers, and taxes thereon shall be assessed and paid the
same as provided for other personal property assessed and taxed in the same
city, ward, or township. [1882, April 17: 79 v. 109; Rev. Stat. 1880; 64 v. 204,
§ 10; (S. & S. 764).]
Private bankers can not deduct their liabilities from their moneys and credits: Exchange Bank v. Hines,
3 O. S. 1; Ellis v. Linck, 3 O. S. 66.
Money deposited with a bank or banker (unless a special deposit), becomes the money of the bank or
banker, appertaining to their business, and should be listed with the other money belonging to their busi-
ness: Ellis v. Linck, 3 0. S. 66.
Section 19 of the act of April 13, 1852 (50 v. 135), construed: Stark County Bank v. McGregor, 6 O. S. 45.
This section is not unconstitutional except as including the entire third item as among those from which
deduction is to be made. Treasurer v. Bank, 47 O. S. 503
Holders of national bank stock, in listing for taxation, cannot deduct their bona fide debts from the
value of such shares: Chapman v. Nat. Bank of Wellington, 56 O. S. 382.
For these shares belong to the class known as stocks and not to the class known as credits: Id.
Examined: Chapman v. Nat. Bank, 56 O. S. 310, 329.
SEC. 2759a. [Further statement required.] The said bank, banker or
bankers shall, at the same time, make statement under oath, of the amount of
capital paid in or employed in such banking business, together with the num-
ber of shares or proportional interest each shareholder or partner has in such
association or partnership. [1882, April 17: 79 v. 109, 110.]
SEC. 2759b. [Savings banks.] That the provisions of section 2759 shall
apply to and govern savings banks incorporated under the act of April 16,
1867. [87 v. 215.]
Is not repugnant to sections 2 and 3 of Act 12, of the constitution: Collett, treasurer v. The Springfield
Savings Society, 13 C. C. 131; 7 O. D. 148, aff'd 37 W. L. B. 332.
The deposits are the property of the depositors and must be listed by them for taxation, while the
society itself must list and pay taxation on the surplus, undivided profits, real estate and furniture: Id.
The value of a depositor's interest can never rise above par: Id.
SEC. 2760. [How averages obtained.] The averages provided for in
the preceding section shall be obtained by adding together the amounts of each
item above specified, owned by or standing on the books of such bank, banker,
or bankers, on the first Monday of each month of the year preceding the Mon-
day of May in which the return is made, and dividing the same by the num-
1534
§§ 2761-2765.
LISTING PERSONAL PROPERTY.
Tit. XIII, Ch. 2.
ber of months in the year: provided, that in cases where such bank, banker, or
bankers commenced business during the preceding year, the division shall be
made by the number of months elapsed after the commencement of such busi-
ness. [64 v. 204, § 11; S. & S. 765.]
SEC. 2761. [Persons commencing the business of banking after the
¹ay preceding the second Monday of April: how to be listed.] When any
rson, persons, company, or association unincorporated, shall commence or
engage in the business of banking, after the day preceding the second Monday
in April, in any year, the average value of whose personal property intended
to be employed in such business shall not have been previously entered on the
assessor's list for taxation, in said county, such person, persons, company, or
association shall report to the auditor of the county the probable average value
of the personal property by him or them intended to be employed in such
business until the day preceding the second Monday in April thereafter, and
shall pay into the treasury of such county a sum which shall bear the same
proportion to the levy for all purposes, on the average value so employed, as
the time from the day on which he or they shall commence or engage in such
business as aforesaid, to the day preceding the second Monday in April next
succeeding, shall bear to one year. [56 v. 175, § 14; S. & C. 1445.]
INCORPORATED BANKS.
SEC. 2762. [Shares to be listed.] All the shares of the stockholders.
in any incorporated bank or banking association, located in this state, whether
now or hereafter incorporated or organized under the laws of this state or of
the United States, shall be listed at their true value in money, and taxed in
the city, ward, or village where such bank is located, and not elsewhere. [64 v.
204, § 1; S. & S. 763.]
The state has the power to tax shares in national banks not to exceed the rate imposed on the money
capital of individuals, nor that imposed upon shares in the state banks, as provided in the act of Congress of
June 3, 1864: Frazer v. Siebern, 16 Ó. S. 614. Shares thus taxed are understood to be the individual property
of the shareholders: Ib.
The State Bank of Ohio and branches, and independent banks, having no remaining corporate powers,
except to close up their business, have ceased to be banks within the meaning of said act of Congress: Ib.
Taxation of incorporated banks under former laws of Ohio: State v. Franklin Bank, 10 O. 91; State v.
Farmers' Bank, 11 O. 94; State v. Commercial Bank, 7 O. (1 pt.) 125; Exchange Bank v. Hines, 3 O. S. 1; Stark
Co. Bank v. McGregor, 6 O. S. 45; Knoup v. Piqua Bank, 1 O. S. 604; Bank of Toledo v. Toledo, 1 O. S. 622;
Debolt v. Trust Co., 1 O. S. 563; Champaign Co. Bank v. Smith, 7 O. S. 42; Sandusky City Bank v. Wilbor, 7 O. S.
481; Skelly v. Jefferson Branch Bank, 9 O. S. 606.
Holders of national bank stock in listing for taxation cannot deduct their bona fide debts from the value
of such shares: Chapman v. National Bank of Wellington, 56 O. S. 382.
For these shares belong to the class known as stocks and not to the class known as credits: Id.
Value of shares fixed by deducting debts from credits: Chapman v. National Bank, 56 O. S. 310, 328.
SEC. 2763. [Tax on real estate.] The real estate of any such bank or
banking association shall be taxed in the place where the same may be located,
the same as the real estate of individuals. [64 v. 204, § 2; S. & S. 763.]
SEC. 2764. [Names of stockholders and number of shares held by
each.] There shall at all times be kept in the office where the business of
such bank or banking association is transacted, a full and correct list of the
names and residences of the stockholders therein, and the number of shares
held by each, which shall be at all times during business hours open to the
inspection of all officers who are or may be authorized to list or assess the value
of such shares for taxation. [64 v. 204, § 3; S. & S. 763.]
SEC. 2765. [Return to be made by cashier to the auditor.] The
cashier of each incorporated bank shall make out and return to the auditor of
the county in which it is located, between the first and the second Monday of
May, annually, a report in duplicate, under oath, exhibiting, in detail, and
under appropriate heads, the resources and liabilities of such bank, at the close
of business on the Wednesday next preceding said second Monday, together
with a full statement of the names and residences of the stockholders therein,
1535
Tit. XIII, Ch. 2. LISTING PERSONAL PROPERTY.
§§ 2766-2770.
with the number of shares held by each, and the par value of each share. [74
v. 88, § 1; S. & S. 763.]
There is no authority in the statutes of the state, nor of the United States, for listing and valuing the
shares in a national bank in the aggregate, and placing such aggregate on the tax-list in the name of the
bank. Such shares, when listed and valued for taxation, are required to be placed on the proper tax-list, in
the names of the respective owners. The listing of the shares for taxation is provided for and secured by
22765, and the correction of returns made by the cashier of the bank to the county auditor, is provided for
by 2 2769, and not by 2 2782. Miller, Treas. v. First National Bank, 46 O. S. 424.
SEC. 2766. [Auditor to fix value of bank shares, and report to board
of equalization.] Upon receiving such report the county auditor shall fix the
total value of the shares of such banks according to their true value in money,
and deduct from the aggregate sum so found the value of the real estate
included in the statement of resources as the same stands on the duplicate, and
thereupon he shall make out and transmit to the annual state board of equali-
zation for incorporated banks a copy of the report so made by the cashier,
together with the valuation of such shares as so fixed by the auditor. [1883,
March 9: 80 v. 54; 77 v. 191; Rev. Stat. 1880; 64 v. 204, §5; 74 v. 88, §2;
S. & S. 763.]
A petition for injunction, which shows that the plaintiff's property consisting of bank shares was valued
only at eighty per cent. of its true value in money, while other property in the county was valued at only
forty per cent. of its value, and avers that such valuations were unequal, unjust, and illegal, does not state
sufficient facts: Wagoner v. Loomis, 37 O. S. 571.
Although, for purposes of taxation, the statutes of a state provide for the valuation of all moneyed capi-
tal, including shares of the national banks, at its true cash value: the systematic and intentional valuation
of all other moneyed capital by the taxing officers far below its true value, while those shares are assessed
at their full value, is a violation of the act of Congress, which prescribes the rule by which they shall be taxed
by state authority. In such case, on the payment or the tender of the sum which such shares ought to pay
under the rule established by that act, a court of equity will enjoin the state authorities from collecting the
remainder: Pelton v. National Bank, 101 U. S. Supreme Court 143.
SEC. 2767. [Repealed 1880, April 13: 77 v. 191, 192.
Rev. Stat. 1880; 74 v. 88, § 3.]
SEC. 2768. [Repealed 1880, April 13: 77 v. 191, 192.
Rev. Stat. 1880: 74 v. 88, § 4.]
Former statutes:
Former statutes:
SEC. 2769. [Proceedings when bank fails to make return; penalty
for making false statement.] If any bank shall fail to make out and furnish
to the county auditor the statement required, within the time herein fixed, it
shall be the duty of said auditor to examine the books of said bank; also, to
examine any officer or agent thereof under oath, together with such other
per-
sons as he may deem proper, and make out the statement. Any bank officer
failing to make out and furnish to the county auditor the statement, or will-
fully making a false statement, as required in section twenty-seven hundred and
sixty-five, shall be liable to a fine not exceeding one hundred dollars, together
with costs and other expenses incurred by the auditor or other proper officer in
obtaining such statement aforesaid; and said auditor shall have the same pow-
ers, and the probate judge of the county shall exercise the same powers, and
perform the same duties in aid of the auditor in the performance of his duties
under this section, as are authorized by law in cases where the county auditor
is informed, or has reason to believe, that any party has failed to make any
return, or has made a false return for taxation; and the statement so made out
by the auditor shall in all respects stand as the statement required to be made
by the cashier. [64 v. 204, §9; S. & S. 764.]
See note to Miller, Treas. v. Bank, 46 O. S. 424, under ? 2765.
RAILROAD COMPANIES.
SEC. 2770. [Board of appraisers for railroad company.] The county
auditors of the several counties in this state in which any railroad company
now has, or hereafter may have its track and roadway, or any part thereof, shall
constitute a board of appraisers and assessors for such railroad company; any
1536
S$ 2771-2772.
LISTING PERSONAL PROPERTY.
Tit. XIII, Ch. 2.
railroad company having its road, or any part thereof, in one county only, the
auditor of such county shall constitute such board. [59 v. 88, § 1; S. & S. 766.]
For annual fees to be paid by railroad company to railroad commissioner, see 2251a.
See note to Lee, Treas. v. Sturges, 46 O. S. 153, under ? 2731.
SEC. 2771. [President of board; quorum; secretary; record of votes ;
copy of minutes to be kept in auditor's office.] The auditor of the county
where such railroad company has its principal office, if such principal office is
in this state, and if such principal office is not in this state, then the auditor of
the county having the largest city or village upon the line of such road shall
be the president of said board, whose duty it shall be to appoint the time and
place for the meeting of such board, and notify the proper county auditors of
the same, at least five days before the time appointed for such meeting. In the
absence or inability of the president, the board shall appoint one of its mem-
bers president pro tempore. In all meetings of any such board, a majority of
such county auditors shall constitute a quorum, and a majority of those present
at any meeting having a quorum shall decide all questions submitted. Each
board shall appoint one of its number secretary, and full minutes of its pro-
ceedings shall be kept, which shall consist of a full and complete record of the
votes of each member of said board. The valuation of the property shall be
fixed only on motion made and duly seconded. On all such motions the yeas
and nays shall be called, and each member's vote shall be recorded by the secre-
tary. Immediately after the board has adjourned, the secretary shall make a
complete record of all the transactions of the proceedings of the board, and set
forth therein the names and official capacity of the officials of the railroad pres-
ent at such meeting. And a certified copy of such proceedings, signed by the
president and secretary thereof, shall be forwarded at once to the county audi-
tor of each county constituting a member of said board, and the same shall be
recorded in a book kept in the county auditor's office, subject to the inspection
of any person during office hours, and the certified copy shall alike be kept on
file in said county auditor's office, and for like examination. [88 v. 417; 59 v.
88, § 2; S. & S. 766.]
k
SEC. 2772. [Board of valuation of railroad to meet annually, in May;
duties of the board.] It shall be the duty of each board to meet in the
month of May, in the present and each succeeding year, at such time as the
president thereof may appoint; and if no meeting be appointed by him before
the second Tuesday in May, the several county auditors shall meet on that day,
in the place where the proper railroad for which said auditors constitute the
board, as aforesaid, has its principal office, or in the principal city or village
upon the line of such road, as the case may be, and proceed to ascertain all the
personal property, which shall be held to include road bed, water and wood
stations, and such other realty as is necessary to the daily running operations
of the road, moneys, and credits of such company, and the undivided profits,
reserved or contingent fund of said company, whether the same may be in
moneys, credits, or in any manner invested, and the actual value thereof in
money; and also locomotives and cars not belonging to the company, but hired
for its use or run under its control on its road by a sleeping car company or
other company; but as to such rolling stock not belonging to it, but under its
control, the railroad company may return the same separate from its own prop-
erty, and if so returned, the board shall fix the valuation of such property sep-
arated, but include the amount in the aggregate valuation. Such boards shall
have power to require from the president, secretary, treasurer, receiver, and
principal accounting officer of such road, a detailed statement, under oath, of
all the items and particulars constituting such property, moneys, and credits,
and the value thereof, and may examine the books and papers of such road,
and any or all of its officers, receivers, servants, or agents, under oath, touching
any matter relating to the same. Any county auditor present at such meeting
1537
Tit. XIII, Ch. 2. LISTING PERSONAL PROPERTY.
§§ 2773-2774.
is authorized and empowered to administer such oath. It shall be the duty of
said board of appraisers and assessors to report annually, on or before the first
Monday in the month of June, to the auditor of state, the amount assessed
upon each railroad company, specifying the total sum, and amount distributed
to each county; which shall be by the auditor of state communicated to the
general assembly, with his annual report, in tabular form. [64 v. 114, § 3;
S. & S. 768.]
SEC. 2773. [Penalty for officers, etc., refusing to comply with require-
ments of board; contempt of board: punishment.] Any president, secre-
tary, receiver, accounting officer, servant, or agent, of any railroad company
having any portion of its road-way in this state, who shall refuse to attend.
before the proper board of appraisers and assessors when required so to do, or
refuse to submit to the inspection of said board any books or papers of such
railroad company in his possession, custody, or control, or shall refuse to answer
such questions as may be put to him by said board or its order, touching the
business, property, moneys, and credits, and the value thereof, of said railroad
company, shall be guilty of a misdemeanor, and, on conviction thereof, before
any court of competent jurisdiction, shall be confined in the jail of the county
not exceeding thirty days, and be fined in any sum not exceeding five hundred
dollars and costs; and any president, secretary, receiver, accounting officer, serv-
ant, or agent, as aforesaid, so refusing, as aforesaid, shall be deemed guilty of
contempt of such board, and may be confined by order of said board in the jail
of the proper county until he shall comply with such order, and pay the costs
of his imprisonment. [59 v. 88, § 4; S. & S. 766.]
SEC. 2774. [Apportionment of valuation of railway property.] The
value of such property, moneys and credits, of any railroad company, as found
and determined by such board, shall be apportioned by said board among the
several counties through which such road, or any part thereof, runs, so that to
each county and to each city, village, township and district, or part thereof
therein, shall be apportioned such part thereof as shall equalize the relative
value of the real estate, structures, and stationary personal property of such
company therein, in proportion to the whole value of the real estate, structures,
and stationary personal property of such railroad company in this state; and
so that the rolling stock, main track, road bed, supplies, moneys and credits of
such company shall be apportioned in the same proportion that the length of
such road in such county bears to the entire length thereof in all said counties
or county, and to each city, village, and district, or any part thereof therein,
provided that if the line of any railroad company is divided into separate
divisions or branches, so much of the rolling stock of such company as belongs
to or is used solely upon any one of such divisions or branches shall be appor-
tioned in the same manner to the county or counties, and to each city, village,
and district, or any part thereof therein, through which such branch or divis-
ion runs, and the board shall certify to the county auditor of each county, and
to each city, incorporated village, township and district, or any part thereof
therein interested, the amount apportioned to his county, and the board shall
make and forward a like certificate, together with all the reports of the various
railroad officers, and other papers and evidence which formed the basis of their
valuation, to the auditor of state, for the use of the state board of equalization
of railroad property. It shall be the duty of the county auditor, upon receiv-
ing the certificate aforesaid, to apportion the amount therein stated to the cities,
villages, townships, districts, or parts thereof; but the auditor shall not put the
same on the tax-list until he shall have been advised of the action of said state
authority, when the proper amounts shall be entered on the tax-lists. [1885,
April 27: 82 v. 160; Rev. Stat. 1880; 59 v. 88, §5; 64 v. 58, § 1; (S. & S. 767,
768).]
Construed: Railway Co. v. Kelsey (Lucas Dist. Court), 11 W. L. B. 234.
98
1538
§§ 2775-2778.
LISTING PERSONAL PROPERTY.
Tit. XIII, Ch. 2.
This section is valid. If the railroad runs through a taxing district created under the one mile assess-
ment pike act a proportion of it is taxable therein. R. R. v. Commrs, 48 O. S. 249.
The principle of this section is substantially applied to telegraph and telephone companies. State v.
Jone, 492, 508.
SEC. 2775. [Compensation of members of the board.] Each county
auditor shall be paid from the treasury of his county the sum of three dollars
for each day's attendance as a member of any board aforesaid under this chap-
ter, and five cents a mile going to and returning from its place of meeting.
[59 v. 88, §7; S. & S. 767.]
SEC. 2776. [How portion of value for this state found when part of
road in another.] When any railroad company has part of its road in this
state and part thereof in any other state or states, the proper board shall take
the value of such property, moneys, and credits of such company so found and
determined, as aforesaid, and divide it in the proportion the length of such road
in this state bears to the whole length of such road, and determine the principal
sum for the value of such road in this state accordingly, equalizing the relative
value thereof in this state, as above provided. [59 v. 88, §8; S. & S. 767.]
See note to Lee, Treas. v. Sturges, Insurance Co. v. Ratterman, Treas., 46 O. S. 153, under ? 2731.
EXPRESS, TELEGRAPH, AND TELEPHONE COMPANIES.
For express companies see ? 2780—1).
The following act is constitutional. State v. Jones, 51 O. S. 492; State v. Adams Express Co., 2 N. P. 98;
3 O. D. 326.
SEC. 2777. [Who deemed express, telegraph, or telephone company.]
Any person or persons, joint stock association or corporation, wherever organ-
ized or incorporated, engaged in the business of conveying to, from, or through
this state, or any part thereof, money, packages, gold, silver, plate or other arti-
cle, by express, not including the ordinary lines of transportation of merchan-
dise and property in this state, shall be deemed to be an express company;
any person or persons, joint stock association or corporation, wherever organ-
ized or incorporated, engaged in the business of transmitting to, from, through,
or in this state, telegraphic messages, shall be deemed to be a telegraph com-
pany; and any person or persons, joint stock association or corporation, wher-
ever organized or incorporated, engaged in the business of transmitting to,
from, through, or in this state, telephonic messages, shall be deemed to be a
telephone company. [91 v. 220; 90 v. 330; 59 v. 91, §5; S. & S. 770.]
SEC. 2778. [Annual statement to auditor of state.] Every express,
telegraph and telephone company defined in section 2777, doing business in
this state, shall annually, between the first and thirty-first days of May, under
the oath of the person constituting such company, if a person, or under the
oath of the president, secretary, treasurer, superintendent or chief officer in this
state of such association or corporation, if an association or corporation, make
and file with the auditor of state a statement, in such form as the auditor of
state may prescribe, containing the following facts:
1. The name of the company.
2. The nature of the company, whether a person or persons, or association
or corporation, and under the laws of what state or country organized.
3. The location of its principal office.
4. The name and post-office address of the president, secretary, auditor,
treasurer and superintendent or general manager.
5. The name and post-office address of the chief officer or managing agent
of the company in Ohio.
6. The number of shares of the capital stock.
7. The par value and market value, or if there be no market value, the
actual value of its shares of stock on the first day of May.
1539
Tit. XIII, Ch. 2. LISTING PERSONAL PROPERTY.
$2778a.
8. A detailed statement of the real estate owned by the company in Ohio,
where situate, and the value thereof as assessed for taxation.
9. A full and correct inventory of the personal property, including moneys
and credits, owned by the company in Ohio on the first day of May, where sit-
uate, and the value thereof.
10. The total value of the real estate owned by the company and situate
outside of Ohio.
11. The total value of the personal property owned by the company and
situate outside of Ohio.
12. In the case of telegraph and telephone companies, the whole length of
their lines, and the length of so much of their lines as is without and is within.
the state of Ohio, which lines shall include what said telegraph and telephone
companies control and use under lease or otherwise; also, the miles of wire in
each taxing district in Ohio.
13. In the case of telegraph and express companies, the entire gross receipts
of the company, from whatever source derived, for the year ending the first day
of May, of business wherever done.
14. In the case of telegraph and express companies, the gross receipts for
the year ending the first day of May, from whatever source derived, of each
office within the state of Ohio, and the total gross receipts of the company for
such period in Ohio.
15. In the case of express companies, the whole length of the lines of rail
and water routes, over which the company did business on the first day of May,
and the length of so much of said lines of land and water transportation as is
without and is within Ohio, naming the lines within Ohio.
16. Such other facts and information as the auditor of state may require
in the form of returns prescribed by him.
Blanks for making the above statement shall be prepared, and, on applica-
tion, furnished any company by the auditor of state. Express, telegraph and
telephone companies shall not be required to make returns under, and shall
not be governed by the provisions of section 2744 of the Revised Statutes. [91
v. 220; 90 v. 331; 62 v. 174, §1; S. & S. 771.]
An express company's receipts derived partly from interstate commerce, and partly from business within
the state if capable of separation are not taxable in gross, and the tax as to the former is invalid: Ratterman
v. Express Co., 49 O. S. 608, 618.
A state tax on the gross receipts of a telegraph company is not a tax on commerce between the states.
and is constitutional: Western Union Telegraph Co. v. Mayer, 28 O. S. 521.
Cited Express Co. v. State, 55 O. S. 80.
A single tax, assessed under the laws of a state upon receipts of a telegraph company which were partly
derived from interstate commerce and partly from commerce within the state, and which were capable of
separation, but were returned and assessed in gross and without separation and apportionment is invalid in
proportion to the extent that such receipts were derived from interstate commerce, but is otherwise valid:
Ratterman v. Western Union Telegraph Co., 127 U. S. Supreme Court, 411.
SEC. 2778a. [State board of appraisers and assessors; assessments
by; correction thereof.] The auditor of state, treasurer of state and attor-
ney-general shall constitute a board, named the state board of appraisers and
assessors, of which board the auditor shall be ex officio president. In the ab-
sence or inability of the auditor, the board shall appoint one of its members
president pro tempore. The board shall appoint a secretary and full minutes
of its proceedings shall be kept. The board shall, annually, on the first Mon-
day in June, meet in the office of the auditor of state, for the purpose of assess-
ing the property of express, telegraph, and telephone companies in Ohio. On
the meeting of the board, the auditor of state shall lay before the board the
statements and schedules returned to him under section 2778. The said board
shall proceed to ascertain and assess the value of the property of said express,
telegraph, and telephone companies in Ohio, and in determining the value of the
property of said companies in this state, to be taxed within the state and assessed
as herein provided, said board shall be guided by the value of said property as de-
termined by the value of the entire capital stock of said companies, and such other
1540
$2779.
LISTING PERSONAL PROPERTY.
Tit. XIII, Ch. 2.
evidence and rules as will enable said board to arrive at the true value in money
of the entire property of said companies within the state of Ohio, in proportion
which the same bears to the entire property of said companies, as determined
by the value of the capital stock thereof, and the other evidence and rules as
aforesaid. The board may adjourn from time to time until the business before
it is finally disposed of. In case any company fails or refuses to make the
statement required by law, or furnish the board any information requested,
the board shall inform itself, as best it may, on the matters necessary to be
known, in order to discharge its duties with respect to the assessment of the
property of such company. At any time after the meeting of the board on the
first Monday in June, and before the assessment of the property of any com-
pany is determined, any company or person interested shall have the right, on
written application, to appear before the board and be heard in the matter of
the valuation of the property of any company for taxation. After the assess-
ment of the property of any company for taxation by the board, and before the
certification by the auditor of state of the apportioned valuation to the several
counties, as provided in section 2780, the board may, on the application of any
interested person or company, or on its own motion, correct the assessment or
valuation of the property of any company, in such manner as will, in its judg-
ment, make the valuation thereof just and equal. The provisions of section
167 of the Revised Statutes shall apply to the correction of any error or over-
valuation in the assessment of property for taxation by the state board of ap-
praisers and assessors, and to the remission of taxes and penalties illegally as-
sessed thereon. [91 v. 221; 90 v. 331.]
SEC. 2779. [Penalty for failure to file statement; further powers of
board; penalty for refusal to testify or bring books; statutes as to false
returns applicable.] In case any company required to file a statement under
the provisions of section 2778, fails to make and file such statement on or be-
fore the thirty-first day of May, such company shall be subject to a penalty of
five hundred dollars, and an additional penalty of one hundred dollars for each
day's omission after the thirty-first day of May to file such statement, said pen-
alty to be recovered by action in the name of the state, and, on collection, paid
into the state treasury to the credit of the general revenue fund. The attorney-
general, on the request of the state board of appraisers and assessors, shall in-
stitute such action against any company so delinquent in the court of common
pleas of Franklin county. That the state board of appraisers and assessors
shall have power to require the president, secretary, treasurer, receiver, super-
intendent or managing agent, or other officer, or employe or agent, of any ex-
press, telegraph, and telephone company to attend before the board, and bring
with him for the inspection of the board, any books or papers of such company
in his possession, custody or control, and to testify under oath touching any
matter relating to the business, property, moneys or credits and the value there-
of, of such company. Any member of the board is authorized and empowered
to administer such oath. Any officer, employe or agent of such company who
shall refuse to attend before the board when required to do so, or shall refuse
to bring with him and submit for the inspection of the board any books or
papers of such company in his possession, custody or control, or shall refuse to
answer any question put to him by the board or any member thereof, touching
the business, property, moneys and credits and the value thereof, of such com-
pany, shall be guilty of a misdemeanor, and on conviction thereof before any
court of competent jurisdiction shall be fined not more than five hundred dol-
lars or imprisoned not more than thirty days, or both; and any officer, em-
ploye or agent of such company so refusing, as aforesaid, shall be deemed guilty
of contempt of such board, and may be confined, by order of said board, in the
jail of the proper county until he shall comply with the requirement of the
board and pay the costs of his imprisonment. The state board of appraisers
1541
Tit. XIII, Ch. 2. LISTING PERSONAL PROPERTY.
$ 2780.
and assessors shall have and may exercise all the powers possessed by county
auditors under sections 2781 to 2785 inclusive, of the Revised Statutes; and
said express, telegraph, and telephone companies shall be subject to all the
provisions and penalties of said sections. [91 v. 222; 90 v. 332; 59 v. 91 §§ 2, 3,
S. & S. 769.]
SEC. 2780. [Report of board; filing of statements, etc.; deduction of
value of real estate; apportionment and taxation of valuations.] The state
board of appraisers and assessors shall, on or before the first Monday in Au-
gust, report to the auditor of state the total value of the property of express,
telegraph and telephone companies in Ohio, as ascertained and assessed by the
board; at the same time, the board shall file with the auditor of state the state-
ments of the various companies and other papers before it. The auditor of
state shall deduct from the total value of the property of each of said compa-
nies in Ohio, the value, as assessed for taxation, of any real estate situate in
Ohio and owned by such company. The value of the property of said compa-
nies in Ohio, after deducting the value of the real estate, shall be apportioned
by the auditor of state among the several counties through or into which the
lines of such telegraph or telephone companies run, so that to each county
shall be apportioned such part of the entire valuation as will equalize the rela-
tive value of the property of the company therein, in proportion to the whole
value of the property of the company in the state, and in the proportion that
the length of the lines of wire owned by the company, or in the county bears
to the whole length of the lines of wire in the state. The value of the property
of any express company shall be apportioned by the auditor of state among
the several counties in which the company does business, in the proportion
that the gross receipts in each county bear to the entire gross receipts in the
state. The auditor of state shall, on or after the fifteenth day of August, cer-
tify to the county auditor the amount apportioned to his county, and the
county auditor, upon receiving such certificate, shall apportion the amount
therein stated among the cities, villages, townships or other taxing districts,
after the same method used for the apportionment of the valuation in the state
among the counties; and the county auditor shall place the apportioned valu-
ation on the tax duplicate, and taxes shall be levied and collected thereon at
the same rate and in the same manner as taxes are levied and collected on
other personal property in the taxing district in question. [91 v. 223; 90 v.
332; 60 v. 11, § 1; S. & S. 771.]
SEC. 2780a, 90 v. 333, was repealed, 91 v. 224, cited in Jones v. State, 51
O. S. 492, 496.
SEC. 2780b, 90 v. 333, was repealed, 91 v. 224, cited in Jones v. State, 51
O. S. 492, 496.
EXCISE TAX ON EXPRESS COMPANY.
This statute imposes an excise tax and is valid. Express Co. v. State, 55 O. 8. 69.
(2780-1) SEC. 1. [Express company defined.] Any person or persons,
joint stock association or corporation, wherever organized or incorporated, en-
gaged in the business of conveying to, from or through this state, or any part
thereof, money, packages, gold, silver, plate or other article, by express, not
including the ordinary lines of transportation of merchandise and property in
this state, shall be deemed to be an express company. [91 v. 237.]
(2780-2) SEC. 2. [Annual statement to auditor of state.] Every ex-
press company defined in section one [$(2780-1)] hereof doing business in this
state shall, annually, between the first and thirty-first day of May, under the oath
of the person constituting such company, if a person, or under the oath of the
president, secretary, treasurer, superintendent or chief officer in this state of such
1542
§ (2780-3).
LISTING PERSONAL PROPERTY. Tit. XIII, Ch. 2.
association or corporation, if an association or corporation, make and file with
the auditor of state a statement, in such form as the auditor of state may pre-
scribe, containing the following facts:
First. The name of the company.
Second. The nature of the company, whether a person or persons, or asso-
ciation or corporation, and under the laws of what state or country organized.
Third. The location of its principal office.
Fourth. The name and post-office address of the president, secretary, audi-
tor, treasurer, and superintendent or general manager.
Fifth. The name and post-office address of the chief officer or managing
agent of the company in Ohio.
Sixth. The entire receipts (including all sums earned or charged, whether
actually received or not) for business done within this state of each agent of
such company doing business in this state (giving the name of the office and
agent, and the amount received by him), for the year then next preceding the
first day of May, for and on account of such company, including its proportion
of gross receipts for business done by such company within this state in con-
nection with other companies; also, the total amount of such receipts for busi-
ness done within this state.
Seventh. An itemized statement of the amounts actually paid by such ex-
press company, for the year then next preceding the first day of May, to the
railroads within this state, for the transportation of its freight within this state,
showing the amount paid to each railroad company.
Eighth. The entire receipts of the company for business done within Ohio,
as defined in item six, after deducting the amounts paid for transportation of
freight, as defined in item seven.
Ninth. Such other facts and information as the auditor of state may re-
quire in the form of return prescribed by him.
Blanks for making the above statement shall be prepared, and, on applica-
tion, furnished any express company by the auditor of state. [91 v. 237.]
Freight in the 7th subdivision means freight from which the gross receipts are realized, that is the busi-
ness done wholly within the state: Express Co. v. State, 55 O. S. 69.
(2780-3) SEC. 3. [Statements by local agents.] In case of a failure or
refusal of any express company to make the statement prescribed by section two
[$(2780-2)] hereof, on or before the thirty-first day of May, the auditor of state
shall notify the local agents of such company of such default by letter mailed and
addressed, in each instance, to the agent of such express company at the post-
office address of the office, inclosing a form of return to be made out by such
agent, and thereupon it shall be the duty of each local agent of such express
company within this state, on or before the fifteenth day of June, to make out
and file with the auditor of state a statement, verified by the oath of the agent,
containing such of the facts prescribed in section two [$(2780-2)] as the auditor
of state may require; but the statement of gross receipts and deductions therefrom,
defined in items six and seven of section two [§(2780—2)], shall be confined to
the gross receipts and deductions therefrom, of his agency. [91 v. 237.]
(2780-4) SEC. 4. [State board of appraisers and assessors; consti-
tion, powers, duties, etc.] The auditor of state, treasurer of state, and attor-
ney general, shall constitute a board named the state board of appraisers and
assessors, of which board the auditor of state shall be ex officio president. In
the absence or inability of the auditor, the board shall appoint one of its mem-
bers president pro tempore. The board shall appoint a secretary, and full min-
utes of its proceedings shall be kept. The board shall, annually, on the first
Monday in June, meet in the office of the auditor of state, and thereupon, or
when received, the auditor of state shall lay before the board the statements and
schedules returned to him under sections two and three [§§(2780-2), (-3) thereof.
The board shall proceed to ascertain and determine, on or before the second Mon-
1
1543
Tit. XIII, Ch. 2.
LISTING PERSONAL PROPERTY.
§ (2780-5).
day in July, the entire receipts of express companies for business done within
Ohio, as defined in item six of section two [S (2780-2)] hereof, after deducting the
sums paid for transportation of freight, as defined in item seven of section two
[$(2780-2)] hereof and the amounts thus ascertained by said board shall, in each
instance be held and deemed to be "the gross receipts of such express company for
business done within Ohio," for the year under consideration. The board may ad-
journ from time to time, until the business before it is finally disposed of. In case
of the failure or refusal of any company and its agents to make the statement re-
quired by law, or furnish the board the information requested by it, the board shall
inform itself as best it may on the matters necessary to be known, in order to
discharge its duty under this act. At any time after the meeting of the board
on the first Monday in June, and before the gross receipts of any company for
business done within Ohio are determined, any company or person interested
shall have the right, on written application, to appear before the board and be
heard in the matter of such determination. After the determination of the
amount of the gross receipts of any company for business done within Ohio,
and before the certification to the auditor of state of such amount, as provided
in section six (6) [§(2780—6)] hereof, the board may, on the application of any
person or company interested, or on its own motion, review and correct its
finding in such manner as may seem to it to be just and proper. [91 v. 237.]
(2780-5) SEC. 5. [Penalty for failure to file statement; further pow-
ers; penalties for refusing to testify or bring books.] In case any company
required to file a statement under the provisions of section two (2) [$(2780—2)]
hereof, fails to make and file such statement on or before the thirty-first day of
May, such company shall be subject to a penalty of five hundred dollars, and
an additional penalty of one hundred dollars for each day's omission after the
thirty-first day of May to file such statement, said penalty to be recovered by
action in the name of the state, and on collection, paid into the state treasury
to the credit of the general revenue fund. The attorney-general, on the request
of the auditor of state, shall institute such action against any company so de-
linquent, in the court of common pleas of Franklin county, or of any county
in which such company does business. In case any local agent of any express
company, required to file a statement under the provisions of section three (3)
[$(2780-3) hereof, fails to make and file such statement on or before the fifteenth
day of June, he shall be deemed guilty of a misdemeanor, and on conviction shall
be fined in any sum not less than twenty-five dollars nor more than one hundred
dollars. Each day's failure after the twentieth day of June to make and file
such statement, shall constitute a new offense. The state board of appraisers
and assessors shall have power to require the president, secretary, treasurer,
receiver, superintendent or managing agent, or other officer, or employe or
agent, of any express company, to attend before the board, and bring with him
for the inspection of the board, any books or papers of such company in his
possession or control, and to testify under oath touching any matter relating to
the organization or business of such company. Any member of the board is
authorized and empowered to administer such oath. Any officer, employe or
agent of such company who shall refuse to attend before the board when re-
quired to do so, or shall refuse to bring with him and submit for the inspection
of the board any books or papers of such company in his possession, custody
or control, or shall refuse to answer any question put to him by the board or
any member thereof, touching the organization or business of such company,
shall be deemed guilty of a misdemeanor, and on conviction shall be fined not
more than five hundred dollars or imprisoned not more than thirty days,
or both; and any officer, employe or agent of such company so refusing as
aforesaid, shall be deemed guilty of contempt of such board, and may be con-
fined, by order of such board, in the jail of the proper county until he shall
have complied with the requirements of the board, and paid the costs of his
imprisonment. [91 v. 237.]
1544
§ (2780—6).
LISTING PERSONAL PROPERTY.
Tit. XIII, Ch. 2.
(2780-6) SEC. 6. [Annual report of state board; collection and
disposition of tax; fees; suits.] The state board of appraisers and assessors
shall, on the first Monday in August, report to the auditor of state the amount
of the gross receipts of express companies for business done within the state of
Ohio for the year next preceding the first day of May; at the same time, the
board shall file with the auditor of state the statements of the various com-
panies and other papers before it. It shall be the duty of the auditor of state,
in the month of November, annually, to charge and collect from each express
company doing business in this state a sum, in the nature of an excise tax, to
be computed by taking two per cent. of the amount fixed by the state board of
appraisers and assessors as the gross receipts of such company for business done
within the state of Ohio, for the year next preceding the first day of May, and
certified to the auditor of state; provided, nothing contained in this act shall
exempt or release express companies from the assessment and taxation of their
tangible property in the manner authorized and provided by law. All taxes
collected by the auditor of state under the provisions of this act, shall be paid.
into the state treasury, and be credited to the general revenue fund. If any
express company fails or refuses to pay said tax during the month of Novem-
ber, the auditor of state shall add to the tax due, a penalty of fifty per cent.
thereon, and shall forthwith proceed to collect the tax and penalty by any
means provided by law for the collection of taxes by county treasurers, and for
his services shall be allowed five per cent. on the penalty collected, which he is
authorized to retain. It shall be the duty of the attorney-general, or any prose-
cuting attorney, on request of the auditor of state, to prosecute any proceeding
for the collection of such tax, which officer shall be allowed for his services five
per cent. on the total amount collected, to be retained and paid to him by the
auditor of state. The balance of the amount collected shall be paid into the
state treasury. Suit for the collection of such tax may be brought in the name
of the state in the county of Franklin, or in any county in which such express
company is doing business. [91 v. 237.]
The penalty herein provided for is collectible: Express Co. v. State, 55 O. S. 69, 81.
(2780-7) SEC. 1. [Freight line and equipment companies defined.]
Any person or persons, joint stock association or corporation, wherever organ-
ized or incorporated, engaged in the business of operating cars, not otherwise
listed for taxation in Ohio, for the transportation of freight, whether such
freight be owned by such company, or any other person or company, over any
railway line or lines in whole or part within this state, such line or lines not
being owned, leased or operated by such company, whether such cars be termed
box, flat, coal, ore, tank, stock, gondola, furniture or refrigerator cars, or by
some other name, shall be deemed to be a freight-line company; any person or
persons, joint stock association or corporation, wherever organized, engaged in
the business of furnishing or leasing cars, of whatsoever kind or description,
to be used in the operation of any railway line or lines, wholly or partially
within this state, such line or lines not being owned, leased or operated by such
company, and such cars not being otherwise listed for taxation in Ohio, shall
be deemed to be an equipment company. [92 v. 89.]
(2780-8) SEC. 2. [Annual statements of same; blanks; exemptions.
Every freight-line and equipment company defined in section one (1) [$(2780-7)]
hereof, doing business or owning cars which are operated in this state shall,
annually, between the first and thirty-first days of May, under the oath of the
person constituting such company, if a person, or under the oath of the presi-
dent, secretary, treasurer, superintendent or chief officer in this state of such
association or corporation, if an association or corporation, make and file with
the auditor of state a statement, in such form as the auditor of state may pre-
scribe, containing the following facts:
1. The name of the company.
1545
Tit. XIII, Ch. 2. LISTING PERSONAL PROPERTY.
(2780-9).
2. The nature of the company, whether a person or persons, or association
or corporation, and under the laws of what state or country organized.
3. The location of its principal office.
4. The name and post-office address of the president, secretary, auditor,
treasurer, and superintendent or general manager.
5. The name and post-office address of the chief officer and managing
agent of the company in Ohio.
6. The number of shares of the capital stock.
7. The par value and market value, or, if there be no market value, the
actual value of the shares of stock on the first day of May.
8. A detailed statement of the real estate owned by the company in Ohio,
where situate, and the value thereof as assessed for taxation.
9. The total value of the real estate owned by the company and situate
outside of Ohio.
10. The whole length of the lines of railway over which the company
runs its cars, and the length of so much of said lines as is without and is with-
in the state of Ohio.
11. In the case of an equipment company, the whole number and value
of the cars owned and leased by the company, classifying the cars according to
kind; also, the whole length of the lines of railway, wherever located, operat-
ed by the companies (naming them), to which cars owned by such equipment
[company] are leased, and the length of so much of said lines as is without and
is within the state of Ohio, giving the name and location of the lines wholly
or partially within the state of Ohio.
12. Such other facts and information as the auditor of state may require
in the form of returns prescribed by him.
Blanks for making the above statement shall be prepared, and, on applica-
tion, furnished any company by the auditor of state. Freight-line and equip-
ment companies shall not be required to make returns, and shall not be gov-
erned by the provisions of section 2744 of the Revised Statutes. [92 v. 89.]
(2780-9) SEC. 3. [State board of appraisers and assessors; mem-
bers; officers; minutes; meeting; right to appear, etc.] The auditor of state,
treasurer of state and attorney-general shall constitute a board named the state
board of appraisers and assessors, of which board the auditor of state shall be
ex officio president. In the absence or inability of the auditor, the board shall
appoint one of its members president pro tempore. The board shall appoint
a secretary and full minutes of its proceedings shall be kept. The board shall,
annually, on the first Monday in June, meet in the office of the auditor of state,
for the purpose of determining the amount and value of the proportion of the
capital stock of freight-line and equipment companies representing capital and
property of such companies owned and used in Ohio. On the meeting of the
board, the auditor of state shall lay before it the statements and schedules re-
turned to him under section two (2) [§(2780—8)] hereof. The board shall proceed
to ascertain and determine, on or before the second Monday in July, the amount
and value of the proportion of the capital stock of freight-line and equipment
companies, representing capital and property of such companies owned and
used in Ohio, and in determining the same, shall be guided in each case by the
proportion of the capital stock of the company representing rolling-stock,
which the miles of railroad over which such company runs cars or its cars are
run in Ohio bear to the entire number of miles in Ohio and elsewhere over
which such company runs cars or its cars are run, and such other rules and
evidence as will enable the board to determine, fairly and equitably, the
amount and value of the capital stock of such company representing capital
and property owned and used in the state of Ohio. The board may adjourn
from time to time until the business before it is finally disposed of. In case
any company fails or refuses to make the statement required by law, or furnish
1546
§ (2780-10).
LISTING PERSONAL PROPERTY.
Tit. XIII, Ch. 2.
the board wit. any information requested, the board shall inform itself as best
it may on the matters necessary to be known in order to discharge its duty un-
der this act. At any time after the meeting of the board on the first Monday
in June, and before the amount and value of the capital stock of any company
representing capital and property owned and used in Ohio is determined, any
company or person interested shall have the right, on written application, to
appear before the board and be heard in the matter of determination. After
fixing the amount and value of the capital stock of any company representing
capital and property owned and used in Ohio, and before the certification to
the auditor of state of such amount, as provided in section five (5) [$(2780-11)]
hereof, the board may, on the application of any person or company interested,
or on its own motion, review and correct its action in such manner as it may
deem just and proper. [92 v. 89.]
(2780-10) SEC. 4. [Penalty, recovery and disposition of same.] In
case any company required to file a statement under the provisions of section (2)
[§(2780-8)] hereof fails to make and file such statement on or before the thirty-
first day of May, such company shall be subject to a penalty of five hundred
dollars and an additional penalty of one hundred dollars for each day's omis-
sion after the thirty-first day of May to file such statement, said penalty to be
recovered by action in the name of the state, and on collection paid into the
state treasury to the credit of the general revenue fund. The attorney-general,
on the request of the auditor of state, shall institute such action against any
company so delinquent, in the court of common pleas at Franklin county, or
of any county into or through which any railroad line passes, over which the
cars of such freight-line or equipment company are running. Service of sum-
'mons may be made in the manner provided in section five (5) [$(2780-11)] of
this act in suits for the collection of the tax against such company. The state
board of appraisers and assessors shall have power to require the president, secre-
tary, treasurer, receiver, superintendent or managing agent, or other officer, or em-
ploye or agent of any freight-line or equipment company, to attend before the
board and bring with him, for the inspection of the board, any books or papers
of such company in his possession, custody or control, and to testify under oath
touching any matter relating to the organization, property and business of such
company. Any member of the board is authorized and empowered to admin-
ister such oath. Any officer, employe or agent of such company who shall re-
fuse to attend before the board when required to do so, or shall refuse to bring
with him and submit, for the inspection of the board, any books or papers of
such company in his possession, custody or control, or shall refuse to answer
any question put to him by the board or any member thereof, touching the
organization, business or property of such company, shall be guilty of a mis-
demeanor, and on conviction thereof before any court of competent jurisdic-
tion, shall be fined not more than five hundred dollars or imprisoned not more
than thirty days, or both; and any officer, employe or agent of such company
so refusing as aforesaid, shall be deemed guilty of contempt of such board and
may be confined by order of such board, in the jail of the proper county until
he shall comply with the requirements of the board and pay the cost of the
imprisonment. [92 v. 89.]
(2780-11) SEC. 5. [Annual report; assessment and collection; pen-
alty.] The state board of appraisers and assessors shall, on the first Monday in
August, report to the auditor of state the amounts fixed by it as the value of
the capital stock representing capital and property of freight-line and equip-
ment companies employed and used in Ohio; at the same time the board shall
file with the auditor of state the statements of the various companies and other
papers before it. It shall be the duty of the auditor of state, in the month of
November, annually, to charge and collect from each freight-line and equip-
1547
Tit. XIII. Ch. 2. LISTING PERSONAL PROPERTY.
§ (2780-12).
ment company doing business or owning cars which are operated in this state,
a sum, in the nature of an excise tax, to be computed by taking one per cent.
of the amount fixed by the state board of appraisers and assessors as the value
of the proportion of the capital stock representing the capital and property of
such company, owned and used in Ohio, and certified to the auditor of state,
after deducting the value of the real estate of the company in Ohio, assessed,,
and taxed locally, if any there be. All taxes collected by the auditor of state, un-
der the provisions of this act, shall be paid into the state treasury and be cred-
ited to the general revenue fund. If any freight-line or equipment company
fails or refuses to pay said tax during the month of November, the auditor of
state shall add to the tax due a penalty of fifty percentum thereon, and shall
forthwith proceed to collect the tax and penalty by any means provided by
law for the collection of taxes by county treasurers, and for his services shall
be allowed fifty percentum on the amount of penalty collected, which he is.
authorized to retain cut of such amount. It shall be the duty of the attorney-
general or any prosecuting attorney, on request of auditor of state, to prosecute
any proceeding for the collection of such tax, which officer shall be allowed for
his services five percentum on the total amount collected, to be retained and
paid to him by the auditor of state. The balance of the amount collected shall
be paid into the state treasury. Suit for the collection of such tax and penalty
may be brought in the name of the state, in the county of Franklin, or in any
county into or through which passes any railroad line over which the cars of
such freight-line or equipment company are running; and service of summons
against a freight-line or equipment company may be made upon any officer or
agent of such company named in section 5044 of the Revised Statutes; or if
such officer or agent can not be found, then upon any conductor or officer, agent
or employe of such company, in charge of any car owned and used by such
company in any county in this state in which any railroad line over which the
cars of such freight-line or equipment company are running is located, or
through which it passes. [92 v. 89.]
(2780-12) SEC. 1. [Sleeping-car company defined.] Any person or
persons, joint-stock association or corporation, wherever organized or incorpo-
rated, engaged in the business of operating cars, not otherwise listed for taxa-
tion in Ohio, for the transportation, accommodation, comfort, convenience or
safety of passengers, on or over any railway line or lines, in whole or part
within this state, such line or lines not being owned, leased or operated by
such company, whether such cars be termed sleeping, palace, parlor, chair,
dining or buffet-cars, or by some other name, shall be deemed to be a sleeping-
car company. [91 v. 408.]
(2780-13) SEC. 2. [Annual statement.] Every sleeping-car company
defined in section one (1) [§(2780-12)] hereof, doing business or owning cars
which are operated in this state shall, annually, between the first and thirty-first
days of May, under the oath of the person constituting such company, if a person,
or under the oath of the president, secretary, treasurer, superintendent or chief
officer in this state of such association or corporation, if an association or cor-
poration, make and file with the auditor of state a statement, in such form as
the auditor of state may prescribe, containing the following facts:
1. The name of the company.
2. The nature of the company, whether a person or persons, or association
or corporation, and under the laws of what state or country organized.
3. The location of its principal office.
4. The name and post-office address of the president, secretary, auditor,
treasurer, and superintendent or general manager.
5. The name and post-office address of the chief officer or managing agent
of the company in Ohio.
1548
§ (2780—14).
LISTING PERSONAL PROPERTY.
Tit. XIII, Ch. 2.
6. The number of shares of the capital stock, and the name and post-office
address of each stockholder with the number of shares owned by each.
7. The par value and market value, or, if there be no market value, the
actual value of the shares of stock on the first day of May.
8. A detailed statement of the real estate owned by the company in Ohio,
where situate and the value thereof as assessed for taxation.
9. The total value of the real estate owned by the company and situate
outside of Ohio.
10. The whole length of the lines of railway over which the company runs
its cars, and the length of so much of said lines as is without and is within the
state of Ohio.
Blanks for making the above statement shall be prepared, and, on applica-
tion, furnished any company by the auditor of state. Sleeping-car companies
shall not be required to make returns, and shall not be governed by the provi-
sions of section 2744 of the Revised Statutes. [91 v. 408.]
(2780-14) SEC. 3. [State board of appraisers and assessors; mem
bers; powers, etc.] The auditor of state, treasurer of state and attorney-gen-
eral shall constitute a board named the state board of appraisers and assessors,
of which board the auditor of state shall be ex officio president. In the ab-
sence or inability of the auditor, the board shall appoint one of its members
president pro tempore. The board shall appoint a secretary, and full minutes
of its proceedings shall be kept. The board shall, annually, on the first Mon-
day in June, meet in the office of the auditor of state, for the purpose of deter-
mining the amount and value of [the] proportion of the capital stock of sleep-
ing-car companies representing capital and property of such companies owned
and used in Ohio. On the meeting of the board, the auditor of state shall lay
before it the statements and schedules returned to him under section two (2)
[$(2780-13)] hereof. The board shall proceed to ascertain and determine, on or
before the second Monday in July, the amount and value of the proportion of the
capital stock of sleeping-car companies, representing capital and property of such
companies, owned or used in Ohio, and in determining the same, shall be guided
in each case by the proportion of the capital stock of the company represent-
ing rolling-stock, which the miles of railroad over which such company runs
cars in Ohio bear to the entire number of miles in Ohio and elsewhere over
which such company runs cars, and such other rules and evidence as will ena-
ble the board to determine, fairly and equitably, the amount and value of the
capital stock of such company representing capital and property owned and
used in the state of Ohio. The board may adjourn from time to time until
the business before it is finally disposed of. In case any company fails or
refuses to make the statement required by law, or furnish the board with any
information requested, the board shall inform itself as best it may on the mat-
ters necessary to be known in order to discharge its duty under this act.
any time after the meeting of the board on the first Monday in June, and be-
fore the amount and value of the capital stock of any company representing
capital and property owned or used in Ohio, is determined, any company or
person interested shall have the right, on written application, to appear before
the board and be heard in the matter of such determination. After the fixing
of the amount and value of the capital stock of any company representing
capital and property owned or used in Ohio, and before the certification to
the auditor of state of such amount, as provided in section five (5) [$(2780-16)]
hereof, the board may, on the application of any person or company interested,
or on its own motion, review and correct its action in such manner as it may
deem just and proper. [91 v. 408.]
At
(2780-15) SEC. 4. [Penalty.] In case any compay required to file a state-
ment under the provisions of section two (2) [$(2780-13)] hereof, fails to make and
file such statement on or before the thirty-first day of May, such company shall
•
1549
Tit. XIII, Ch. 2. LISTING PERSONAL PROPERTY.
§ (2780—16).
be subject to a penalty of five hundred dollars and an additional penalty of
one hundred dollars for each day's omission after the thirty-first day of May
to file such statement, said penalty to be recovered by action in the name of
the state, and on collection paid into the state treasury to the credit of the gen-
eral revenue fund. The attorney-general, on the request of the auditor of
state, shall institute such action against any company so delinquent, in the
court of common pleas of Franklin county, or of any county into or through
which any railroad line passes, over which such sleeping-car company is run-
ning its cars. Service of summons may be made in the manner provided in
section five (5) [§(2780—16)] of this act in suits for the collection of the tax against
such company. The state board of appraisers and assessors shall have power to
require the president, secretary, treasurer, receiver, superintendent or manag-
ing agent, or other officer, or employe or agent of any sleeping-car company, to
attend before the board and bring with him, for the inspection of the board,
any books or papers of such company in his possession, custody or control, and
to testify under oath touching any matter relating to the organization, prop-
erty and business of such company. Any member of the board is authorized
and empowered to administer such oath. Any officer, employe or agent of
such company who shall refuse to attend before the board when required to do
so, or shall refuse to bring with him and submit, for the inspection of the
board any books or papers of such company in his possession, custody or con-
trol, or shall refuse to answer any question put to him by the board or any
member thereof, touching the organization, business or property of such com-
pany, shall be guilty of a misdemeanor, and on conviction thereof before any
court of competent jurisdiction shall be fined not more than five hundred dol-
lars or imprisoned not more than thirty days or both; and any officer, employe
or agent of such company so refusing, as aforesaid, shall be deemed guilty of
contempt of such board and may be confined, by order of such board, in the
jail of the proper county, until he shall comply with the requirements of the
board and pay the costs of his imprisonment. [91 v. 408.]
(2780-16) SEC. 5. [Report; filing of statements, etc.; disposition
of tax; suit to collect.] The state board of appraisers and assessors shall, on
the first Monday in August, report to the auditor of state the amounts fixed
by it as the value of the capital stock representing capital and property of
sleeping-car companies employed and used in Ohio; at the same time, the
board shall file with the auditor of state the statements of the various com-
panies and other papers before it. It shall be the duty of the auditor of state,
in the month of November, annually, to charge and collect from each sleeping-
car company doing business or owning cars which are operated in this state, a
sum, in the nature of an excise tax, to be computed by taking one per cent. of
the amount fixed by the state board of appraisers and assessors as the value of
the proportion of the capital stock representing the capital and property of
such company, owned or used in Ohio, and certified to the auditor of state, af-
ter deducting the value of the real estate of the company in Ohio, assessed and
taxed locally, if any there be. All taxes collected by the auditor of state, un-
der the provisions of this act, shall be paid into the state treasury and be cred-
ited to the general revenue fund. If any sleeping-car company fails or refuses
to pay said tax during the month of November, the auditor of state shall add
to the tax due a penalty of fifty per centum thereon, and shall forthwith proceed
to collect the tax and penalty by any means provided by law for the collection
of taxes by county treasurers, and for his services shall be allowed five per cen-
tum on the amount of penalty collected, which he is authorized to retain out
of such amount. It shall be the duty of the attorney-general or any prosecut-
ing attorney, on request of the auditor of state, to prosecute any proceeding for
the collection of such tax, which officer shall be allowed for his services, five
per centum on the total amount collected, to be retained and paid to him by
5
1550
§ (2780-17).
LISTING PERSONAL PROPERTY. Tit. XIII, Ch. 2.
the auditor of state. The balance of the amount collected shall be paid into
the state treasury. Suit for the collection of such tax and penalty may be
brought in the name of the state, in the county of Franklin, or in any county
into or through which passes any railroad line over which such sleeping-car
company is running its cars; and service of summons against a sleeping-car
company may be made upon any officer or agent of such company named in
section 5044 of the Revised Statutes, or, if such officer or agent can not be
found, then upon any conductor, or officer, agent or employe of such company,
in charge of any car owned and used by such sleeping-car company in any
county in this state in which any railroad line over which such sleeping-car
company is running its cars is located, or through which it passes. [91 v. 408.]
(2780-17) SEC. 1. [Electric light, gas, natural gas, pipe-line, water-
works, street railroad, railroad, messenger or signal companies defined.]
Any person or persons, joint stock association, or corporation, wherever organ-
ized or incorporated, when engaged in the business of supplying electricity for
light, heat or power purpose to consumers within this state, shall be deemed to
be an electric light company; when engaged in the business of supplying arti-
ficial gas for lighting or heating purposes to consumers within this state, shall
be deemed to be a gas company; when engaged in the business of supplying
natural gas for lighting, heating or power purposes to consumers within this
state, shall be deemed to be a natural gas company; when engaged in the busi-
ness of transporting natural gas or oil through pipes or tubing, either wholly
or partially, within this state, shall be deemed to be a pipe-line company;
when engaged in the business of supplying water, through pipes or tubing or
in a similar manner, to consumers within this state, shall be deemed to be a
waterworks company; when engaged in the business of operating a street,
suburban or interurban railroad, either wholly or partially within this state,
whether the cars used in such business be propelled by animal, steam, cable,
electric, or other motor, shall be deemed to be a street-railroad company; when
engaged in the business of operating a railroad, either wholly or partially
within this state, whether on rights of way acquired and held exclusively by
such company or otherwise, shall be deemed to be a railroad company; when
engaged in the business of supplying messengers or of signaling or calling by
electric apparatus, or in similar manner, for any purpose shall be deemed to be
a messenger or signal company. [92 v. 79.]
(2780-18) SEC. 2. [Annual statements of same.] Every electric light,
gas, natural gas, pipe-line, waterworks, street-railroad, and messenger or signal
company defined in section (1) one [§(2780—17)] hereof, doing business in this
state, shall annually, between the first and thirty-first days of May, and every such
railroad company shall annually on or before the first day of September, under the
oath of the person constituting such company, if a person, or under the oath of the
president, secretary, treasurer, superintendent or chief officer in this state, of
such association or corporation, if an association or corporation, make and file
with the auditor of state, a statement, in such form as the auditor of state may
prescribe, containing the following facts:
First. The name of the company.
Second. The nature of the company, whether a person or persons, or associa-
tion or corporation, and under the laws of what state or county [country] organ-
ized.
Third. The location of its principal office.
Fourth. The name and post-office address of the president, secretary, audi-
tor, treasurer and superintendent or general manager.
Fifth. The name and post-office address of the chief officer, or managing
agent of the company in Ohio.
Sixth. In the case of each railroad situated wholly within Ohio, the gross
1551
Tit. XIII, Ch. 2. LISTING PERSONAL PROPERTY.
§ (2780—19).
earnings from its operation, and, in the case of each railroad located partly
within and partly without Ohio, the gross earnings from the operation of the
entire line, for the year ending the thirtieth day of June next preceding, with
the miles of line within Ohio, and the miles of line without Ohio.
Seventh. In the case of companies, other than railroads, the entire gross
receipts of the company (including all sums earned or charged, whether actu-
ally received or not) for business done within this state for the year then next
preceding the first day of May, including the company's proportion of gross
receipts for business done by it within this state in connection with other com-
panies.
Eighth. Such other facts and information as the auditor of state may re-
quire in the form of return prescribed by him.
Blanks for making the above statement shall be prepared and, on applica-
tion, furnished any electric light, gas, natural gas, pipe-line, waterworks, street-
railroad, railroad, and messenger or signal company, by the auditor of state.
[92 v. 79.]
(2780-19) SEC. 3. [State board of appraisers and assessors; mem-
bers; officers; minutes; meeting; right to appear, etc.] The auditor of
state, treasurer of state, and attorney-general, shall constitute a board named
the state board of appraisers and assessors, of which board the auditor of state
shall be ex officio president. In the absence or inability of the auditor, the
board shall appoint one of its members president pro tempore. The board
shall appoint a secretary, and full minutes of its proceedings shall be kept.
The board shall, annually, on the first Monday in June, meet in the office of
the auditor of state, and thereupon, or when received, the auditor of state shall
lay before the board the statement and schedules returned to him under section
two (2) [§(2780-18)] hereof. The reports made by railroad companies to the com-
missioner of railroads and telegraphs may be regarded and treated by the board
as reports made to it, and the board shall have power at any time to call upon
such commissioner for information. The board shall proceed to ascertain and
determine, on or before the second Monday in July the entire gross receipts of
electric light, gas, natural gas, pipe-line, waterworks, street-railroad, and mes-
senger or signal companies for business done within Ohio, for the year then
next preceding the first day of May, and the amounts ascertained by said board
board shall, in each instance, be held and deemed to be "the gross receipts of
such electric light, gas, natural gas, pipe-line, waterworks, street-railroad and
messenger or signal company, for business done within Ohio" for the year un-
der consideration. The board shall further proceed to ascertain and determine,
on or before the first Monday in October, the gross earnings from its operation
within Ohio of each railroad company whose line is wholly or partially within
this state, for the year then next preceding the thirtieth day of June, and the
amount ascertained by said board shall be held and deemed to be "the gross
earnings of such railroad company from its operation within Ohio" for the
year under consideration. In ascertaining the gross earnings from its opera-
tion within Ohio of a railroad company whose line lies partly within and
partly without this state, the gross earnings from its operation of the entire
line or system, shall be divided by the total number of miles operated to obtain
the average gross earnings per mile, and the gross earnings from the operation
within this state shall be taken to be the average gross earnings per mile mul-
tiplied by the number of miles operated within this state. The board may
adjourn from time to time, until the business before it is finally disposed of.
In case of the failure or refusal of any company to make the statement required
by law, or furnish the board any information requested by it, the board shall
inform itself as best it may on the matters necessary to be known, in order to
discharge its duties under this act. And any time after the meeting of the
board on the first Monday in June, and before the gross receipts of any com-
!
1552
§ (2780-20).
LISTING PERSONAL PROPERTY.
Tit. XIII, Ch. 2.
pany other than railroad, for business done within Ohio, or the gross earnings
from its operation within Ohio of any railroad company are determined, any
company or person interested shall have the right, on written application, to
appear before the board and be heard in the matter of such determination.
After the determination of the amount of the gross receipts of any company,
other than railroad, for business done within Ohio, or of the gross earnings
from its operation within Ohio, of any railroad company, and before the certifi-
cation to the auditor of state of such amount, as provided in section five (5)
[$(2780-21)] hereof, the board may, on the application of any person or com-
pany interested, or on its own motion, review and correct its finding in such
manner as may seem to it to be just and proper. [92 v. 79.]
(2780-20) SEC. 4. [Penalty; recovery and disposition of same.] In
case any company required to file a statement under the provisions of section two
(2) [$(2780-18)] hereof, fails to make and file such statement on or before the
thirty-first day of May, such company shall be subject to a penalty of five hun-
dred dollars and an additional penalty of one hundred dollars for each day's
omission after the thirty-first day of May to file such statement, said penalty
to be recovered by action in the name of the state, and on collection, paid into
the state treasury to the credit of the general revenue fund. The attorney-
general, on the request of the auditor of state, shall institute such action against
any company so delinquent, in the court of common pleas of Franklin county,
or in any county in which such company does business, and shall be allowed
for his services five per centum on the amount collected, to be retained by him
and the balance paid into the state treasury. The state board of appraisers and
assessors shall have power to require the president, secretary, treasurer, receiver,
superintendent or managing agent, or other officer, or employe or agent, of any
electric light, gas, natural gas, pipe-line, waterworks, street-railroad, railroad or
messenger or signal company to attend before the board and bring with him
for the inspection of the board, any books or papers of such company in his
possession or control, and to testify under oath touching any matter relating to
the organization or business of such company. Any member of the board is
authorized and empowered to administer such oath. Any officer, employe or
agent of such company who shall refuse to attend before the board when re-
quested to do so, or shall refuse to bring with him and submit for the inspec-
tion of the board any books or papers of such company in his possession, cus-
tody or control, or shall refuse to answer any question put to him by the board
or any member thereof, touching the organization or business of such com-
pany, shall be deemed guilty of a misdemeanor, and on conviction shall be
fined not more than five hundred dollars, or imprisoned not more than thirty
days, or both, and any officer, employe or agent of such company so refusing
as aforesaid, shall be deemed guilty of contempt of such board, and may be
confined, by order of such board, in the jail of the proper county until he shall
have complied with the requirements of the board and paid the costs of his
imprisonment. [92 v. 79.]
(2780-21) SEC. 5. [Annual reports; assessments and collection
penalty.] The board of appraisers and assessors shall on the first Monday in
August, report to the auditor of state the amount of the gross receipts of electric
light, gas, natural gas, pipe-line, waterworks, street-railroad, and messenger or
signal companies for business done within the state of Ohio for the year next
preceding the first day of May, and on the first Monday in October, the board
shall report to the auditor of state the amount of the gross earnings from its
operation within Ohio of each railroad company for the year then next pre-
ceding the thirtieth day of June. At the same time the board shall file with
the auditor of state the statements of the various companies and other papers
before it. It shall be the duty of the auditor of state, in the month of Novem-
1553
Tit. XIII, Ch. 2. LISTING PERSONAL PROPERTY.
§ (2780-22).
ber, annually, to charge and collect from each electric light, gas, natural gas,
pipe-line, waterworks, street-railroad, and messenger or signal company doing
business in this state, a sum, in the nature of an excise tax, to be computed by
taking one-half of one per centum of the amount fixed by the state board of
appraisers and assessors as the gross receipts of such company for business done
within the state of Ohio for the year then next preceding the first day of May,
and certified to the auditor of state; and from each railroad company doing
business in this state a sum in the nature of an excise tax to be computed by
taking one-half of one per cent. of the amount fixed by the state board of ap-
praisers and assessors as the gross earnings from its operation within Ohio of
such company for the year then next preceding the thirtieth day of June, and
certified to the auditor of state. Provided, nothing contained in this act shall
exempt or relieve electric light, gas, natural gas, pipe-line, waterworks, street-
railroad, railroad, and messenger or signal companies from the assessment and
taxation of their tangible property in the manner authorized and provided by
law. All taxes collected by the auditor of state under the provisions of this act,
shall be paid into the state treasury, and be credited to the general revenue
fund. If any electric light, gas, natural gas, pipe-line, waterworks, street-rail-
road, railroad, messenger or signal company fails or refuses to pay said tax
during the month of November, the auditor of state shall add to the tax due,
a penalty of fifty per cent. thereon and shall forthwith proceed to collect the
tax and penalty with interest at the rate of six per cent. per annum by any
means provided by law for the collection of taxes by county treasurers, and
for his services shall be allowed five per cent. on the total amount collected,
which he is authorized to retain. It shall be the duty of the attorney-general
or any prosecuting attorney, on request of the auditor of state, to prosecute any
proceedings for the collection of such tax, which officer shall be allowed for his
services five per cent. on the total amount collected, to be retained and paid to
him by the auditor of state. The balance of the amount collected shall be
paid into the state treasury. Suits for the collection of such tax may be
brought in the name of the state in Franklin county, or in any county in
which such electric light, gas, natural gas, pipe-line, waterworks, street-railroad
or messenger or signal company is doing business or the line of such railroad
company is located. In case the tax herein authorized to be charged and col-
lected against any class of companies defined in the first section [§(2780—17)]
of this act, engaged in any class of business mentioned therein, shall, for any
reason, be declared invalid, such invalidity shall in no wise affect the validity
of the law as applicable to any other class or classes of companies defined in
said section nor shall the abrogation or repeal of any section or clause of this act
be held to abrogate or repeal any other section or clause thereof. [92 v. 79.]
(2780-22) SEC. 6. [Exemption of municipalities.] This act shall
not be construed as to require any municipal corporation within this state to
make any return or pay any taxes under any provision of this act. [92 v. 79.]
CORRECTIONS OF RETURNS.
SEC. 2781. [Action of auditor upon false tax return or evasion of re-
turn.] If any person whose duty it is to list property or make a return there-
of for taxation, either to the assessor or county auditor, shall in any year or
years make a false return or statement, or shall evade making a return or state-
ment, the county auditor shall for each year, ascertain as near as practicable,
the true amount of personal property, moneys, credits and investments that
such persons ought to have returned or listed for not exceeding the five years
next prior to the year in which the inquiries and corrections provided for in
this and the next section are made; and to the amount so ascertained as omit-
ted, for each year he shall add fifty per centum, multiply the omitted sum or
99
1554
$2782.
LISTING PERSONAL PROPERTY.
Tit. XIII, Ch. 2.
sums, and [as] increased by said penalty by the rate of taxation belonging to
said year or years, and accordingly enter the same on the tax lists in his office,
giving a certificate therefor to the county treasurer who shall collect the same
as other taxes. [90 v. 233; 83 v. 82: Rev. St. 1880; 58 v. 47 § 1; S. & S. 759.]
These sections to 2785 inclusive apply to the state board of appraisers and assessors,
see ? 2779.
Tax year begins when, in case of false returns exposed by inventory of decedent's
estate, see ? 6044.
An insurance company's return included an item of "re-insurance," stating the true amount, but listing
it as a debt, whereas it was not a debt: Held, the return was not false within the meaning of these sections:
Insurance Co. v. Cappellar, 38 O. S. 560.
See notes to decisions under 2 2782.
The old section, to which this is an amendment, provided that the auditor might go back four years in
his inquiry as to false returns, and provided a penalty for the current year only. Held, this act was no viola-
tion of that provision in the Constitution of Ohio which declares that "the General Assembly shall have no
power to pass retroactive laws": Sturges v. Carter, 114 U. S. Supreme Court, 512.
Additions of omitted property may be constitutionally authorized for past years, being merely a new
remedy for an existing right-contra as to adding a penalty, but this is separable: Gager v. Prout, 48 O. S. 89.
A penalty imposed retroactively is not constitutional: Wade v. Kimberley, 5 C. C. 33.
If the auditor fails to act, mandamus lies: State v. Crites, 48 O. S. 142.
"Tax lists" construed to mean the auditor's duplicate of the year to which the addition belongs: State
v. Crites, 48 O. S. 460, 466; Wade v. Kimberley, 5 C. C. 33.
"False return" means with an intent to deceive, or at least culpable negligence: Ratterman v. Ingalls,
48 O. S. 468; Probasco v. Raine, 50 O. S. 378; and see Ratterman v. Phipps, 7 C. C. 458; Phipps v. Ratterman,
v.
10 C. C. 218; 3 O. D. 209.
The 4 per cent. fee allowed the auditor by 1071 does not disqualify him to act under these sections:
Probasco v. Raine, 50 O. S. 378.
The auditor can go back five years: Rheinboldt v. Raine, 52 O. S. 160; Lee v. Dawson, 8 C. C. 365, 372; 1
O. D. 483.
The five-year additions made in April, 1895, embrace taxes for 1889: Schott v. Burckhardt, 2 N. P. 90; 3
O. D. 279.
The auditor need only enter the gross amount of each year and not the specific items of property added:
Schott v. Burckhardt, 2 N. P. 90; 30. D. 279.
See note to Sherard et al. Ex'rs v. Lindsay, Treas., 13 C. C. 334; 7 O. D. 245 under 2 2737.
See note to Sherard et al. v. Lindsay, Treas., 13 C. C. 315: 7 O. D. 245, under ? 2804.
Failure to return stocks on a justifiable belief that the auditor is wrong in requiring it is not a false re-
turn: Ratterman v. Phipps, 4 O. D. 453; 3 N. P. 69.
Under this section and 2 2782 the auditor does not act as a judge: Musser v. Adair, 55 O. S. 471.
The auditor does not hereby exercise a judicial power, but as agent of the state, hence his decision is
not reviewable on error: Musser v. Adair, 55 O. S. 466.
The auditor's proceedings hereunder are not reviewable on error; the only remedy is by injunction
under 2 5848: Musser v. Adair, 55 O. S. 466.
SEC. 2782. [In case of false statement of personal property, duty of
auditor; costs and expenses under this section: who to pay them.] The
county auditor, if he shall have reason to believe, or be informed that any
person has given to the assessor a false statement of the personal property,
moneys, or credits, investments in bonds, stocks, joint stock companies, or
otherwise, or that the assessor has not returned the full amount required to be
listed in his ward or township, or has omitted or made an erroneous return of
any property, moneys, or credits, investments in bonds, stocks, joint stock
companies, or otherwise, which are by law subject to taxation, shall proceed,
at any time before the final settlement with the county treasurer to correct
the return of the assessor, and to charge such persons on the duplicate with
the proper amount of taxes; to enable him to do which, he is hereby author-
ized and empowered to issue compulsory process, and require the attendance
of any person or persons whom he may suppose to have a knowledge of the
articles, or value of the personal property, moneys or credits, investments in
bonds, stocks, joint stock companies, or otherwise, and examine such person
or persons, on oath, in relation to such statement or return; and it shall be
the duty of the auditor, in all such cases, to notify every such person, before
making the entry on the tax-list and duplicate, that he may have an opportu-
nity of showing that his statement or return of the assessor was correct; and
the county auditor shall, in all such cases, file in his office a statement of the
facts or evidence upon which he made such correction; but he shall, in no
case, reduce the amount returned by the assessor, without the written assent
of the auditor of state, given on a statement of facts submitted by the county
auditor. In all cases in which any person shall make a false statement of the
amount of property for taxation, to evade the payment of taxes, in whole or in
part, the person making such false statement shall be liable for, and pay all
1555
Tit. XIII, Ch. 2. LISTING PERSONAL PROPERTY.
S$ 2783-2785.
costs and expenses that may be incurred under the provisions of this section,
and the same fees and costs shall be allowed and paid as are now or may be
allowed by law, for similar services, and if not paid, may be collected before
any justice of the peace of the proper county, by suit in the name of the
county commissioners, but in all cases under this section, where the statement
shall be found correct, and no intention to evade the payment of taxes, the
costs and expenses incurred under this section shall be paid out of the county
treasury of the proper county, on the order of the county auditor. [56 v. 175,
§34; S. & C. 1452.]
When and under what circumstances a county auditor may correct false returns: Champaign Co. Bank v.
Smith, 7 O. S. 42; Gennin v. Auditor, 18 O. S. 534.
By virtue of 22 2781 and 2782, the auditor has power to place on the duplicate a judgment, but it must
be assessed at its real and not its nominal value: Cameron v. Cappeller, Audítor, 41 O. S. 533.
See note to Miller, Treas. v. Bank, 46 O. S. 424, under 2 2765.
An auditor's act in adding to a return is not reviewable on error. The remedy is by injunction under
25848: Musser v. Adair, 55 O. S. 471 (36 Bull. 345).
Mandamus is not the remedy to correct errors of judgment under this section. State ex rel. Werk v.
Brewster (Ham. Dist. Court), 11 W. L. B. 39.
This section is cited in all the cases noted under the preceding section.
False statement or return in this section, unlike ? 2781, where it is equivalent to evade, is in contrast
with evade. Ratterman v. Ingalls, 48 O. S. 468, 487; Phipps v. Ratterman, 10 C. C. 205, 218; 3 O. D, 209.
Proceedings before the auditor are not governed by the precise rules of code pleading. No particular
form of notice is required. Gager v. Prout, 48 O. S. 89; Lee v. Dawson, 8 C. C. 365, 372; 1 O. Ď. 483.
A county auditor called on the cashier of a bank to appear and testify, and to bring with him the books
of the bank showing its deposits. The bank filed a bill in equity to enjoin the auditor, alleging that such a
proceeding would unlawfully expose its business affairs, lessen public confidence in it as a depository of
moneys, diminish its deposits, and impair the value of its franchises. The circuit court dismissed the bill,
and the bank appealed. The court dismissed the appeal because the value of the matter in dispute was net
such as could be ascertained in money, but said: The bank has no interest in the taxes to be placed on the
tax duplicate. There is no property in dispute between the auditor and the bank, the damages, if any,
resulting to the bank would be, in the highest degree, remote and speculative. Certainly no suit for even
nominal damages could be sustained against the auditor on account of what he had done: Youngstown
Bank v. Hughes, 106 U. S. Supreme Court, 523.
""
Notification to a person while in attendance on the auditor is sufficient. Sturges v. Carter, 114 U. S. 511,
515; Lee v. Dawson, 8 C. C. 365, 371; 1 O. D. 483.
See note to Musser v. Adair, 55 O. S. 471, under 2 2781.
See note to Sherard et al. Ex'rs. v. Lindsay, Treas., 13 C. C. 334; 7 O. D. 245, under ?? 2737 and 2804.
SEC. 2783. [Penalties.] Where any person summoned to appear before
the county auditor and give testimony, under the provisions of the next
preceding section, or in proceedings against companies or corporations required
to make return to the county auditor for taxation, shall neglect or refuse to
appear, or shall neglect or refuse to answer any question that may be put to
him by the auditor touching the matter under examination, the auditor shall
apply to the probate judge of the county to issue a subpoena for the appear-
ance of such person before him; and, on the application of the county auditor
it shall be the duty of the probate judge to issue a subpoena for the appearance
of such person forthwith before him to give testimony; and if any person so
summoned shall fail to appear, or appearing, shall refuse to testify, he shall be
subject to like proceedings and penalties for contempt as witnesses in actions
pending in the probate court. [58 v. 47, §2; 64 v. 204, § 13; S. & S. 765; S. & S.
$759.]
SEC. 2784. [Assessors to return fact when parties refuse to swear.]
The assessor shall, in every case in which any person, company, or corporation
refuses or neglects to make return, or, on being requested to do so, refuses or
neglects to swear to the same, shall return the fact of such refusal or neglect
by the words "refused to list," or refused to swear," as the case may be; and
in every such case, and in every case in which any company or corporation
whose duty it is to make return of taxable property to the auditor refuses or
neglects to make or verify such return, the auditor shall add to the amount
returned, or ascertained, fifty per centum of such amount, and the amount thus
increased shall be the basis of taxation for that year. [1889, April 3: 86 v. 190;
Rev. Stat. 1880; 56 v. 175, §34; (S. & C. 1451).]
The power to impose penalties for refusal to list, sustained: Adler v. Whitbeck, 44 O. S. 572.
SEC. 2785. [Filing away tax statements: how done; auditor's fees
therefor. It shall be the duty of the county auditor, in filing away the state-
ments of the taxable property of the individual tax-payers, as returned by the
1556
§ 2786.
ASSESSING REAL ESTATE.
Tit. XIII, Ch. 3.
township assessor, in pursuance of law, to file the statements aforesaid returned
from the different townships in separate bundles, each township by itself,
instead of filing each statement separately. The county auditor shall be allowed
and paid out of the county treasury, the sum of twenty-five cents, and no more,
for filing away the statements of taxable property, in each township in his
county. [56 v. 128, § 46; S. & C. 107.]
CHAPTER 3.
ASSESSING REAL ESTATE.
SECTION
2786.
Assessing real estate; division of counties and
2794.
cities into 'districts; election of assessors;
failure to district.
2795.
2787.
Bond and oath of assessors.
2788.
Vacancies, how filled.
2796.
2789.
Lists, maps, and books to be furnished by au-
ditor.
2797.
2789-1. Maps of subdivisions in Cuyahoga county
for use of boards; draughtsman.
SECTION
District, township, and ward assessors may ap-
point assistants.
Compensation of district assessors.
2795-1. Compensation in Hamilton county.
Penalty for misconduct of district, township,
or ward assessor.
New town plats to be presented to auditor,
and lots placed on duplicate.
2798.
2789-2. Duties of such draughtsman.
District assessors to make return of their as-
sessments.
2789-3. Agreement; apportioning value to be filed
before transfer of deed.
2799.
2800.
2790.
Duties of district assessor; his description and
valuation of real estate.
2801.
Their return of exempted property.
Corrections by auditor.
structures.
Change of tax-list as to new or destroyed
2791.
Surveys to be made when needed for descrip-
tion.
2802.
If auditor discover omission he shall correct
the same, and how.
2792.
Tracts to be valued separately, and rules
therefor.
2803.
When lands omitted from duplicate, auditor
to restore same and assess the taxes thereon.
2793.
Examination of buildings.
For "an act in relation to the collection and disbursement of state taxes upon Ohio
university lands" (82 v. 115), see ? (4105—7) et seq.
SEC. 2786. [Assessing real estate; division of counties and cities into
districts; election of assessors; failure to district.] The county commis-
sioners of each county shall, at their June session, in the year one thousand eight
hundred and eighty-nine, and every tenth year thereafter, divide their county
into suitable and convenient districts, not more than the number of townships
in their county; and [in] any county within the limits of which there is a city,
the commissioners shall divide said city into districts, comprising within each
not less than one ward nor more than five, and no township or ward shall be
divided in making such districts, which district[s] shall be composed of con-
tiguous territory; and the commissioners shall give notice by publication in
some newspaper in the county, setting forth the boundaries of the districts;
and the qualified electors of such district[s] shall, at the November election, in
the year eighteen hundred and eighty-nine, and every tenth year thereafter,
elect some citizen of such district, having the qualifications of an elector, as
assessor of real property within such district; the judges of election shall keep
a separate poll-book for the election of said assessor; and the returns thereof,
duly certified as in other cases, shall be made to the county auditor, who, with
the clerk of the court of common pleas and probate judge of the county, shall
open the same and declare the result; and the auditor shall, within ten days
after opening such returns, give notice to each of the persons elected of his
election; and whenever the commissioners have failed to district their county
at their June session, in accordance with the provisions of this section, it shall
be their duty to district said county at any subsequent meeting of the board
prior to the first Monday of April ensuing, and in such case the election shall
1557
Tit. XIII, Ch. 3.
ASSESSING REAL ESTATE.
§§ 2787-2789.
be held on said first Monday of April. [1886, April 21: 83 v. 87, 87; Rev.
Stat. 1880; 65 v. 166, § 24; (S. & S. 752; S. & C. 1449).]
Assessors abolished in Cleveland. See? (2805h).
SEC. 2787. [Bond and oath of assessors.] Each person so elected shall,
within ten days after receiving such notice, file with the auditor his bond, pay-
able to the state, with at least one good freeholder surety, to the acceptance of
the auditor, in the sum of two thousand dollars, conditioned that he will dili-
gently, faithfully, and impartially perform, all and singular, the duties enjoined
on him by law, and he shall, moreover, take and subscribe on said bond an oath
of office; and if any person so elected shall fail to give bond, or shall fail to
take an oath, as is required in this section, within the time therein prescribed,
the office to which he was elected shall be considered vacant. [56 v. 175, § 25;
S. & C. 1449.]
SEC. 2788. [Vacancies.] If there shall be a vacancy for the cause afore-
said, or from any other cause, or if there shall be a failure to elect in any dis-
trict of any county, such vacancy or office shall be forthwith filled by the
auditor, treasurer, and recorder of the county, or any two of them, by the
appointment of any competent and suitable citizen of their county who will
accept and perform the duties of such office, who shall give bond and take an
oath of office as is required in the foregoing section. [56 v. 175, §26; S. & C.
1450.]
SEC. 2789. [Lists, maps, and books to be furnished by auditor.] The
auditor of each county shall, as soon as practicable after the first day of March,
one thousand eight hundred and eighty, and every tenth year thereafter, make
out and deliver to the assessor of each district in his county, an abstract from
the books in his office, containing a description of each tract and lot of real
property, situate within such district, with the name of the owner thereof, if
known, and the number of acres or quantity of land contained therein, as the
same shall appear on his books; and also a map of each township and town
within such district, with such plat books as may be necessary to enable the
district assessor to make a correct plat of each section, survey, and tract, in his
district provided, however, that if, in the opinion of the county commissioners
of any county, it is deemed necessary to the proper appraisal of the real estate
of such county, then said county commissioners may, on or before their June
session, one thousand eight hundred and seventy-nine, and every tenth year
thereafter, advertise for four consecutive weeks in one or more newspapers of
general circulation in the county, for sealed proposals to construct the necessary
maps and plats to enable the several district assessors in the county or any dis-
trict thereof to correctly reappraise all real estate; and such advertisement
shall particularly specify the extent and character of the work to be done.
Each bid shall be accompanied by a good and sufficient bond of not less than
one thousand dollars in amount, to become due and payable in case the afore-
said bidder shall fail or refuse to enter into contract in accordance with the
advertised proposals, in case the same shall be accepted. The county commis-
sioners shall open the bids on the day named in the advertisement, and shall,
within three days thereafter, award the contract to the lowest and best bidder,
if, in their opinion, it is to the interest of the county so to do, or they may
reject any and all bids; if the contract is awarded, the bidder to whom the
same is awarded, shall immediately give a good and sufficient bond, with two
or more sureties, in an amount of not less than two thousand dollars, nor more
than ten thousand dollars, as shall be required by the commissioners, condi-
tioned for the prompt, faithful, and accurate performance of the work to be
done; but nothing in the foregoing shall be construed to prevent the auditor
of the county from exercising full supervision over the work of making said
plats and maps. On completion of any town, township, or district, the work
1558
§ (2789—1).
ASSESSING REAL ESTATE.
Tit. XIII, Ch. 3.
shall be paid for out of the county treasury, on the warrant of the county audi
tor, after the same shall have been duly accepted and approved by the board of
county commissioners; and no bill shall be allowed until the auditor and
commissioners are satisfied that the labor has been performed in accordance
with the contract on file with the county auditor. But in counties or districts.
having no map it shall be the duty of the commissioners to furnish the same
under the provisions of this section. [65 v. 166, §31; 75 v. 460, § 4; 76 v. 12, §4;
S. & S. 753; (S. & C. 1451).]
(2789-1) SEC. 1.
SEC. 1. [Maps of subdivisions in Cuyahoga county;
draughtsman.] In counties containing a city of the second grade of the
first class, it shall be the duty of the board of county commissioners to pro-
vide for correcting, bringing down to date and keeping up the decennial maps
of said county, and making tracing maps from the same, which shall show the
divisions, subdivisions, and allotments of all the land in the county, which
tracing maps shall be for the use of the boards of equalization and the auditor
of said county, and shall be kept in his office, and shall be made and bound
ready for use by the first day of April, A. D. 1893; and to employ an expert
draughtsman at an annual salary not exceeding $1,500, who shall be under the
control of the county auditor. [89 v. 220.]
(2789-2) SEC. 2. [Duties of such draughtsman.] It shall be the duty
of said draughtsman to correct such original and tracing maps from time to
time as the same shall be necessary; to enter thereon all new divisions, subdi-
visions and allotments of land in said county, whether made by the sale of
parts of parcels of land, the subdivision or allotment of the same as provided
by law or otherwise; to mark thereon the location of all new buildings and
the materials, whether stone, brick or wood, used in their construction; to
note all transfers of property, showing the lot or parcel of land transferred; the
name of the transferee and the date of the transfer; to enter upon the transfer
books in the office of the county auditor, a short description of lots and parcels
of land offered for transfer; and to examine all deeds before they are entered
for transfer, for the purpose of determining whether they contain a correct
description of the lot or parcel of land intended to be conveyed, and to reject
any and all deeds in which the description of the property is not correct, or
the corners and lines are determined and fixed by perishable or uncertain ob-
jects or monuments, until such descriptions are carefully and accurately made
and the corners and lines fixed by permanent monuments. [89 v. 220.]
(2789-3) SEC. 3. [Agreement apportioning value to be filed before
transfer of deed.] In all cases where deeds are offered for transfer, conveying
a part or parts of a tract or parcel of land that is valued for taxation as a whole,
the person offering such deed for transfer shall file with the county auditor, a
written agreement signed by the grantor and grantees therein, fixing the part
of such valuation that shall be assessed and charged against the part or parts
of such tract or parcel of land so sold and conveyed, or authorizing some person
named in such agreement to make such division of the valuation as aforesaid;
and the county auditor shall not be required to accept such deed for transfer
until such agreement is filed with him. [89 v. 220.]
SEC. 2790. [Duties of district assessor: description and valuation
of reality; blanks.] It shall be the duty of each district assessor to make out
from the maps and descriptions furnished him by the county auditor, and from
such other sources of information as shall be in his power, a correct and perti-
nent description of each tract and lot of real property in his district; and when
he shall deem it necessary to obtain an accurate description of any separate
tract or lot in his district, he may require the owner or occupier thereof to fur-
1559
Tit. XIII. Ch. 3.
ASSESSING REAL ESTATE.
$ 2791.
nish the same, with any title papers he may have in his possession; and if such
owner or occupier, upon demand made for the same, shall neglect or refuse to
furnish a satisfactory description of such parcel of real property to such assess-
or, he may employ a competent surveyor to make out a description of the
boundaries and location thereof, and a statement of the quantity of land there-
in, and the expense of such survey shall be returned by such assessor to the
auditor of his county, who shall add the same to the tax assessed upon such
real property; and it shall be collected by the treasurer of the county with
such tax, and when collected, shall be paid, on demand, to the person to whom
the same is due; and he shall, in all cases, from actual view, and from the best
sources of information within his reach, determine as near as practicable the
true value of each separate tract and lot of real property in his district, accor-
ding to the rules prescribed by this chapter for valuing real property; and he
shall note in his plat-book, separately, the value of all dwelling-houses, mills,
and other buildings, which exceed one hundred dollars in value, on any tract
of land or plat of land not incorporated, or on any land or lot of land included
in any municipal corporation, which shall be carried out as a part of the value
of such tract; he shall also enter on his plat-book the number of acres of arable
or plow land, the number of acres of meadow and pasture land, and the num-
ber of acres of wood and uncultivated land, in each tract, as near as may be.
And he shall at the same time ascertain as near as may be, from the owner or
agent, the amount of the mortgage indebtedness upon each tract and lot in his
district, and report the aggregate amount of the same to the county auditor.
And he shall also, at the same time, or before he makes his returns to the
county auditor, deliver to the owner or agent of any tract or lot in his district
(by mail or otherwise, if known, and a resident of the district), a true and cer-
tified copy of the valuation of each tract or lot, also of any building or build-
ings thereon, so valued by him. The blanks necessary for the purposes afore-
said shall be furnished by the county auditor, and paid for by the county com-
missioners out of the county treasury. (56 v. 175, § 27.) [87 v. 76; 77 v. 130;
Rev. Stat. 1880; (S. & C. 1450).]
This separate valuation of land and improvements has no reference to improvement assessments:
Findlay v. Frey, 51 O. S. 390, 401.
SEC. 2791. [Assessors to have certain sections platted, etc., and plat
recorded; after record, number to be sufficient description; owner of land
to produce to county auditor survey, etc., in certain cases; county auditor
may require owner to make survey, etc.; if owner fail to make survey,
county auditor may have it done, and add expense to tax; plat to be
recorded, etc.] Whenever any original survey, section, tract, or lot shall
have become divided into such small parcels or fractions, as to render the
description of the several parts thereof indefinite and doubtful, the assessors
of real property in their several districts, may, and they are hereby required,
when appraising any such survey and section, tract, or lot, or part thereof, so
subdivided as aforesaid, to cause the said section, or such parts thereof as may
be necessary, to be accurately platted and laid out into such subdivisions as
the different titles to the land in the same may require, and to number the
said fractions or subdivisions as fractions or subdivisions of said section, tract,
or lot or part thereof, or such parts thereof as may be subdivided, and shall
deliver the said plat so numbered to the recorder of the county, who shall
accurately record the same, and from and after such record shall have been
made, the numbers so given to said subdivisions or fractions shall be
deemed in law a sufficient description of the land so platted, numbered and
recorded, for all purposes of taxation and conveyancing. When the assessor
shall have neglected to plat and number such divisions, or the survey, section,
tract, lot, or part thereof, has been or hereafter may be subdivided after the
assessment and appraisal thereof, and in the opinion of the auditor of the
1560
§ 2792.
ASSESSING REAL ESTATE.
Tit. XIII, Ch. 3.
county the same is required to be platted and numbered for the purpose of a
pertinent description thereof upon his duplicate, the county auditor may
require the owner or owners, occupier or occupiers, of such section, tract, lot,
or part thereof, to produce to him at his office the title papers and surveys of
the several subdivisions thereof, as well as of the survey, section, tract, lot, or
part thereof, subdivided, on a day certain, not longer than thirty, nor less than
ten days from the date of such notice. If the owner or owners, occupier or
occupiers, of any survey, section, tract, lot, or part thereof, so subdivided,
fail to appear when so required, and produce the title papers, or so producing
them, the auditor can not, without a survey, plat, and number said subdivis-
ions, he may require such owner or owners, occupier or occupiers, to cause the
same to be surveyed, platted and numbered within twenty days, and said sur-
vey and plat delivered to the recorder of said county for record. If such sur-
.vey and plat is not made and delivered to the recorder within the time required,
or the owner or owners, occupier or occupiers, or any of them, have not
appeared when so required, the auditor may cause the subdivision or subdivis
ions of such survey, section, tract, lot or part thereof to be surveyed, platted,
and numbered by the county surveyor and recorded by the county recorder.
The expense of the survey and record so made by the order of the county
auditor shall be reported to him by the surveyor and recorder, and by said
auditor added to the tax on such subdivisions in proportion to the quantity of
land in each, which shall be collected as the other taxes against the same, and
when collected paid over to the parties entitled thereto on the warrant of the
auditor. When the title papers are produced to the auditor, he is authorized,
if practicable, to plat, allot, and number said subdivisions. The plat so made
by the auditor shall be recorded upon the records of deeds of the county.
After the same has been so platted and numbered by the auditor, or by the
surveyor, it shall be held sufficient for all purposes of taxation to enter such
subdivisions upon the duplicate by the numbers thereof, as is now provided by
law for separate parcels of land, and the same shall be held a pertinent and
sufficient description thereof. [62 v. 14, § 1; S. & S. 20; (S. & C. 87).]
SEC. 2792. [Tracts to be valued separately, and rules therefor.]
Each separate parcel of real property shall be valued at its true value in money,
excluding the value of the crops growing thereon; but the price for which such
real property would sell at auction, or at forced sale, shall not be taken as the
criterion of the true value, and where the fee of the soil of any tract, parcel or
lot of land,is in any person or persons natural or artificial, and the right to any
minerals therein in another or others, the same shall be valued and listed
agreeably to such ownership in separate entries, specifying the interests listed,
and shall be taxed to the parties owning different interests, respectively; pro-
vided, the assessor shall deduct from the value of any such tracts of land lying
outside of municipal corporations, the amount of land occupied and used by
a canal or used as a public highway, at the time of such assessment, and if the
assessor fails to do so, the county auditor is hereby authorized to make the
deductions as herein provided; and provided, further, that the annual board
of equalization may reduce the mineral value assessed against lands containing
or producing petroleum (oil), natural gas, coal, ore, limestone, fire-clay, or other
minerals in proportion as the product of such mineral has diminished, if such
mineral product was considered as a part of the value of said real estate in its
previous appraisement for taxation and annual assessors or boards of equaliza-
tion may assess such mineral values as developments of its product or existence
are made. [88 v. 13; 86 v. 50; Rev. Stat. 1880; 56 v. 175, § 9; (S. & C. 1443).]
Cited in Edwards v. McClurg, 39 O. S. 51.
This section and 2 2804 as amended in 1891 relate only to lands and minerals; can not be assessed against
a person unless he owns in fee: Jones v. Wood, 9 C. C. 560; 3 O. D. 299.
1561
Tit. XIII, Ch. 3.
ASSESSING REAL ESTATE.
S$ 2793-2798.
SEC. 2793. [His examination of buildings.] For the purpose of en-
abling the assessor to determine the value of buildings and other improve-
ments, he is hereby required to enter, with the consent of the owner or occupant
thereof, and fully to examine all buildings and structures of whatever kind,
which are by this title either liable to or exempt from taxation. [56 v. 175,
§ 28; (S. & C. 1450).]
SEC. 2794. [Assessors may appoint assistants.] Any district, town-
ship or ward assessor, who shall deem it necessary, to enable him to complete,
within the time prescribed, the listing and valuation of the property, moneys,
and credits, of his district, township, or ward, may, with the approbation of
the county auditor, appoint some well qualified citizen of his county or town-
ship to act as an assistant, and assign to him such portion of his district,
township, or ward, as he shall think proper; and each assistant so appointed,
shall, within the division of such district, township, or ward assigned him,
under the direction of the assessor, after giving bond and taking an oath, as
prescribed by law, perform all the duties enjoined upon, vested in, or imposed
upon assessors by the provisions of law. [56 v. 175, § 49; S. & C. 1458.]
SEC. 2795. [Compensation of district assessors.] Each district as-
sessor or assistant shall be entitled to receive for each day necessarily employed
in the performance of his duties the sum of two dollars, to be paid out of the
county treasury after the same has been allowed by the county commissioners.
[56 v. 175, § 50; S. & C. 1458.]
(2795-1) [Pay of assessors of real estate in Hamilton county.] The
county commissioners of Hamilton county, state of Ohio, be and are hereby
authorized and directed to pay said assessors of real estate and their assistants,
the sum of one dollar per day, for each day necessarily employed in the per-
formance of their duties, in addition to the amount allowed by law, upon
proper vouchers by said county commissioners, and the approval of the board
of control of said county. [77 v. 407.]
SEC. 2796. [Penalty for misconduct of district, township, or ward
assessor.] Every district, township, or ward assessor or assistant who shall in
any case refuse or knowingly neglect to perform any duty enjoined on him
by law, or who shall consent to or connive at any evasion of the provisions of
this chapter, whereby any property required to be assessed shall be unlawfully
exempted, or the valuation thereof entered at less than its true value, shall for
every such neglect, refusal, consent, or connivance, forfeit and pay to the state
not less than two hundred dollars nor more than one thousand dollars, to be
recovered by action. [56 v. 175, § 52; S. & C. 1459.]
SEC. 2797. [Plats of new towns or addition to be presented to audi-
tor for assessment.] Whenever any person or persons shall lay out any town
or any addition to any town, he or they shall, before the plat thereof is recorded,
present the same to the county auditor, who shall cause the assessor of the proper
locality to assess and return the true valuation of each lot or parcel of land
described in such plat, in the same manner as new structures are valued; and
thereupon such lots or parcels shall be entered on the tax list in lieu of the
land included therein; but in making such valuation, regard shall be had to
the next preceding decennial valuation of real estate, so that the said lots shall,
as near as practicable, be equalized with adjacent lands and lots according to
such decennial valuation. [63 v. 174; S. & S. 762.]
Construction of: Mitchell v. Treasurer Franklin Co., 25 O S. 143.
SEC. 2798. [Assessors; return to county auditor; valuation of real
estate, and how.] Each district assessor shall, on or before the first Mon-
day of July, one thousand eight hundred and eighty, and every tenth year
thereafter, make out and deliver to the auditor of his county a return, in tabu-
1562
$$ 2799-2800.
ASSESSING REAL ESTATE.
Tit. XIII, Ch. 3.
lar form, contained in a book to be furnished him by such auditor, of the
amount, description, and value of the real property subject to be listed for
taxation in his district, which return shall contain: First, the names of the
several persons, companies, or corporations, in whose names the several tracts
of real property other than town property in each township within his district
shall have been listed, and in appropriate columns, opposite each name, the
description of each tract, designating the number of acres, the number of sec-
tion, and the part thereof, and of the township or survey, listed in such name,
and the value of each separate tract, as determined by the assessor; second, the
names of the several persons, companies, or corporations in whose names the
several lots of real property in each town in his district shall have been listed,
and in the appropriate columns, opposite each name, the description of each
lot and the value thereof, as determined by the assessor; and such description
shall designate the town, the number of lot, and the part thereof; and if a part
of a lot listed, it shall state the number of feet along the principal street on
which it abuts. If the name of the owner of any tract of land or lot shall be
unknown, the word "unknown" shall be entered in the column of names
opposite said tract or lot. If such land be situated in the Virginia military
district, or is not embraced in any land district, it shall set forth the original
survey or surveys, part or parts thereof, contained in each tract so listed. [61
(65) v. 166, § 29; S. & S. 752; (S. & C. 1450).]
The assignee for creditors of a lessee taking possession of the leasehold on which the lessee is to pay all
taxes is chargeable under this covenant with taxes accruing only while he is in possession, and not with those
assessed while the assignor was in possession. The second Monday of July marks the date, hence the assignee
taking in September 1893, is not chargeable with the taxes of 1893: Morrison v. Bruce, 10. D. 190.
The assessment of taxes is so far complete by the second Monday of July that the name of the person as-
sessed for the year cannot be changed, hence having died testate on July 12, the taxes are properly chargeable
against his estate: Morrison v. Bruce, 1 O. D. 190.
The presumption that the appraisement was made as of the second Monday in April, is not conclusive:
State ex rel. v. Lewis, 15 C. C. 279.
SEC. 2799. [Return of exempted real estate.] The district assessor, at
the time of making the assessment of real property subject to taxation, shall
enter in a separate list pertinent descriptions of all burying grounds, public
school-houses and houses used exclusively for public worship, and institutions
of purely public charity, and public buildings and property used exclusively
for any public purpose, with the lot or tract of land on which such house
or institution or public building is situated, and which are exempt from tax-
ation; and he shall value such houses, buildings, property, and lots and tracts
of land at their true value in money, in the same manner that he is required to
value other real property, designating in each case the township or town, and
number of the school district, or the name or designation of the school, relig-
ious society, or institution to which each house, lot, or tract belongs; or if such
property is held and used for other public purposes, he shall state by whom
or how it is held. [56 v. 175, § 30; S. & C. 1451.]
SEC. 2800. [Errors to be corrected, but no deductions to be made,
except, etc.] Each county auditor shall, from time to time, correct any errors
which he may discover in the name of the owner, in the valuation, description,
or quantity of any tract or lot contained in the list of real property in his
county; but in no case shall he make any deduction from the valuation of any
tract or lot of real property, except such as shall have been ordered, either by
the state board or by the county board of equalization, or upon the written
order of the auditor of state; which written order shall only be made upon a
statement of facts submitted to the auditor of state in writing. [56 v. 175, § 35;
S. & C. 1453.1
When a district assessor undervalues real estate, the error can be corrected by the board of equalization,
and not by auditor: Humphreys v. Safe Deposit Co., 29 O. S. 608.
Under this section a county auditor can not determine that certain property is exempt from taxation:
State v. Commissioners of Montgomery Co., 31 O. S. 271.
An error by the county auditor in putting on the duplicate unwarranted reductions in the value of real
estate made by a board of equalization is a clerical error, and the auditor of state may require him to correct
it: State ex rel. v Raine, 47 Ū. S. 447.
The correction can not go back of the last decennial appraisement or a change of ownership: Neave Bldg.
Co. v. Brooks, 9 C. C. 151, 157, 158; 2 O. D. 598.
1563
Tit. XIII, Ch. 3.
ASSESSING REAL ESTATE.
S$ 2801-2803.
SEC. 2801. [In case of erection of new or destruction of old struct-
ures.] Each county auditor shall correct the valuation of any parcel of real
property on which any new structure of over one hundred dollars in value may
have been erected, or on which any structure of the like value shall have been
destroyed, agreeably to the return thereof made in accordance with the provis-
ions of this title by the assessor. [56 v. 175, §36; S. & C. 1453.]
SEC. 2802. [If auditor discover omission he shall correct the same,
and how.] If on careful examination of the returns of the district assessor,
the county auditor discover that any tract of land or any lot, or part of either,
shall have been omitted, he shall add the same to the list of real property, with
the name of the owner, and shall forthwith notify the proper assessor of such
omission, who shall forthwith proceed to ascertain and return the value of such
tract or lot, or part thereof; and in case of the inability or neglect of the said
assessor, the auditor may ascertain the value thereof and place the same oppo-
site such property. [56 v. 175, § 33; S. & C. 1451.]
SEC. 2803. [When lands omitted from duplicate, auditor to restore
same and assess the taxes thereon.] In all cases where any county auditor
shall discover, or have his attention called to the fact, that any assessor in any
previous year shall have omitted to return, or shall in any future year omit to
return any lands, town lots, or any improvements, structures or fixtures thereon,
subject to taxation, situated within his county, or if any such property has
escaped taxation by reason of any error of said auditor, it shall be the duty of
said auditor to ascertain the value thereof for taxation, as near as may be, and
to enter said lands, town lots or improvements, upon the duplicate of the
county, then in the hands of the county treasurer of such county, and to add
to the taxes of the current year the simple taxes of each and every preceding
year in which such property shall have escaped taxation, as far back as the
next preceding decennial appraisement and equalization of real estate in his
county, unless in the meantime such property shall have changed ownership,
in which case only the taxes chargeable since the last change of ownership
shall be added, or the owner of such property may, if he desires, pay the amount
of such taxes into the county treasury, on the order of said auditor. [1881,
March 11: 78 v. 47; Rev. Stat. 1880; 56 v. 128, §52; 73 v. 113, §1; (S. & C. 108).]
The limitation of time in this section and of 2 1040 applies to 2 2800. Neave Bldg. Co. v. Brooks, 9 C. C.
151, 159: 2 O. D. 598.
This section applies to lands and not to minerals not owned in fee. Jones v. Wood, 9 C. C. 560; 30.
A tax sale is a change of ownership under this section. Lohaus v. Hagerty, 7 C. C. 408, 410.
D 299.
1564
§ 2804.
BOARDS OF EQUALIZATION.
Tit. XIII, Ch. 4.
CHAPTER 4.
BOARDS OF EQUALIZATION.
SECTION
SECTION
ANNUAL COUNTY BOard.
2804.
Board of equalization; powers and duties.
2808.
2804a. Notice, contents of.
28046. Service of notice.
2809.
2810.
ANNUAL STATE BOARD FOR BANKS.
State board for banks; how constituted.
Powers of board.
State auditor to report to county auditors.
ANNUAL City Board.
2805. How constituted and organized: compensa-
tion.
2805-1. Springfield improvements if assessed.
2805-2. Springfield improvements if contracted for.
2805a. Power of the Cincinnati and Cleveland boards
as boards of revision.
28056. Cleveland board; appointment and term of
members.
2805c. Salary: bond; sessions, etc.
2805d. Organization.
2805e. Assessors.
2805f. Equalization of valuation of real property.
2805g. Certain powers given to board.
2805h. Decennial assessment of real estate; other
powers.
2805i. Payment of salaries, etc.
2805j. Rooms, etc.; official bonds.
2805k. Penalty.
28051.
Annual board of equalization; appointment
in certain cities.
2805m. Decennial board.
2811.
2812.
2813.
2814.
ANNUAL STATE BOARD FOR RAILROADS.
How constituted, and their meeting.
Their powers.
DECENNIAL COUNTY Board.
How county board of equalization constituted;
its organization; time of meeting.
Proceedings, and rules to govern their orders;
owner to have notice of increase of valua-
2814-1. Hamilton eounty board of revision. [tion.
2814-2. Its session.
2814-3. Duties; laws which govern.
2814-4.
Powers.
2814-5. Salary; payment of same.
2814-6. Board of revision in Cuyahoga county.
2814-7.
Sessions.
2814-8. What the boards may consider.
2814-9.
Powers.
2814-10. Compensation.
2815.
2816.
DECENNIAL CITY BOArd.
City board; how constituted and organized.
Powers; clerks; compensation.
DECENNIAL STATE Board.
2805n. Powers and duties.
28050. Compensation.
DUTIES AND POWERS of Above Boards.
2817.
County auditor to make abstract of real prop-
erty.
2806.
2807.
Duties of auditor and state board of equaliza-
tion.
Equalizing of assessments; deduction for de-
stroyed personal property.
2818.
Decennial state board of equalization; con-
stitution and election; duties as to equali-
zation of real property.
2819.
Auditor of state to transmit equalization state-
ment to county auditors.
ANNUAL COUNTY BOARD.
The act of 1879, June 17 (76 v. 169, 170), was not carried into the Revised Statutes, and has not been
repealed. It authorized annual county boards of equalization in cities of the third grade of the first class
to reduce the taxable valuation of certain lots and lands as were advanced in taxable valuation upon the
duplicate of said county for the years 1874 and 1875. Section 2 of this act was then amended by an act passed
1880, March 9 (77 v. 54).
SEC. 2804. [Board of equalization: powers and duties.] There shall
be an annual county board for the equalization of the real and personal prop-
erty, moneys, and credits in each county, exclusive of cities of the first and
second class, to be composed of the county commissioners and county auditor,
who shall meet for that purpose at the auditor's office, in each county, on the
Wednesday after the third Monday in May, annually. Said board shall have
power to hear complaints, and to equalize the valuation of all real and personal
property, moneys, and credits within the county, and shall be governed by the
rules prescribed for the government of decennial county boards for the equali-
zation of real property; provided, that said board shall not reduce the value
of the real property of the county below the aggregate value thereof as fixed
by the state board of equalization, nor below its aggregate value on the dupli-
cate of the preceding year, to which shall be added the value of all new entries
and new structures over the value of those destroyed as returned by the several
township assessors for the current year; provided further, that except as to new
structures, and structures destroyed, and lands and lots brought onto the tax
list since the preceding decennial state board of equalization the annual county
1565
Tit. XIII, Ch. 4.
BOARDS OF EQUALIZATION.
§§ 2804a-2804b.
board shall not increase or reduce the valuation of any real estate, except in
cases of gross inequality, and then only upon reasonable notice to all persons
directly interested, and an opportunity for a full hearing of the question
involved. Said board is authorized, by its president, or presiding officer pro
tem., to administer oaths, call persons before them, and examine them under
oath as to their own or other's property, moneys, credits, and investments to be
placed on the duplicate for taxation, or the value thereof, and order any prop-
erty, moneys, credits, or investments to be placed on the duplicate, which have
not been listed for taxation, and fix the value thereof according to law, and
increase the valuation of such property, moneys, credits, and investments as
have, in their judgment, been listed at less than their true value in money, and
reduce the value of such as have been appraised above their true value in
money; and if any person notified to appear before them refuse or neglect to
appear at the time required by said board, or, appearing, shall refuse to be
sworn, or to answer any question put to him by said board, or by its order, the
presiding officer of said board shall make complaint thereof, in writing, to the
probate judge of the county, who shall proceed against such person in the same
manner as is provided for in section twenty-seven hundred and eighty-three of this
title; and the said board shall call each assessor before them, at least one day
in each year, to aid them in their duties, and to furnish them information rela-
tive to the lists returned by him; and it shall be the duty of each assessor to
appear before said board at least one day in each year, at the time required,
and to furnish them with such information as he can pertinent to the matters
coming before them. [1889, April 3: 86 v. 190, 191; Rev. Stat. 1880; 71 v. 92,
§ 44; (S. & S. 755; S. & C. 1456).]
Undervaluations must be corrected by board of equalization: Humphreys v. Safe Deposit Co., 29 O. 8.
608; Hambleton v. Dempsey, 20 O. 168.
As a general rule, the decisons of officers and tribunals specially created and charged in the tax laws with
the duty of valuing property for taxation, and equalizing such valuations, are final and conclusive: Wagoner v.
Loomis. 37 O. S. 571.
This proviso prohibits the annual board from reducing the value of any land unless they make an at
least equal increase of the valuation of other land: State ex rel. v. Raine, 47 O. S. 447.
As to taxing minerals, see note to ? 2792.
Notice must be actual, and service on one co-owner does not bind even his share: Perkins v. Zumstein,
4 C. C. 371.
In making additions to tax returns the board must act with reason and on the evidence before it:
Rawson et al. v. Schott, 14 C. C. 94: 7 O. D. 256.
A local law giving greater powers than given by this general section, is void: Gaylord v. Hubbard, 56 0.
S. 25, 32.
New structures are added irrespective of "gross inequality," and notice is not required: Glenn v. Raine,
4 O. D. 517, aff'd, no report, 55 O. S. 682.
Cited Gaylord et al. v. Hubbard, 56 O. S. 32.
A judgment which is pending on error, should be appraised for taxation at its true value in money at
the time of listing and not at its nominal value, but, if the board of equalization, in the absence of fraud, fixes
it at its nominal value, such action is conclusive and when the judgment which was pending on error is
affirmed by the Supreme Court, the auditor cannot proceed under 2 2781 and 2782, to add the difference be-
tween such valuation and the nominal valuation with the fifty per cent.: Sherard et al. v. Lindsay, treasurer,
13 C. C. 315; 7 O. D. 245.
SEC. 2804a. [Notice, contents of.] The notice provided for in section.
2804 shall describe the real estate whose tax value is to be acted upon by the
description thereof in the tax duplicate of the current year, and shall state the
name in which it is taxed and that the tax value thereof will be acted upon by
the board on the tenth day after said notice shall have been served as next
herein provided. [89 v. 174.]
SEC. 2804b. [Service of notice.] Said notice shall be served (1) by de-
livering a copy thereof to the person or persons interested in said real estate, or
by leaving such copy at the usual place of residence or business of such person
or persons; or if no such place of residence or of business shall be found in the
county, (2) by delivering such copy to the agent in charge of said real estate
and collecting the rents thereof; or if no such agent shall be found in the
county, (3) by advertisement thereof inserted one time in a newspaper of gen-
eral circulation in the county in which said real estate is situated; and notices
to the respective persons interested in different pieces of real estate may be
1566
§ 2805.
BOARDS OF EQUALIZATION.
Tit. XIII, Ch. 4.
united in one advertisement under the same general heading. Notice served
in accordance with any of the above provisions shall be sufficient. [89 v. 175.]
The requirements as to notice must be strictly pursued. That the owner is absent from his residence,
and it is closed, does not dispense with leaving a copy: Britt v. Hagerty, 11 C. C. 115; 5 O. D. 64.
ANNUAL CITY BOARD.
SEC. 2805. [How constituted and organized; compensation.] In each
city of the first and second class there shall be an annual board for the equal-
ization of the value of real and personal property, moneys, and credits in such
city, to be composed of the county auditor and six citizens of such city, ap-
pointed by the council thereof, except in cities of the second grade, first class,
where the mayor of such cities shall make such appointments, the first appoint-
ment to be two for one year, two for two years, and two for three years, except
in cities in which such boards are already organized, when two shall be ap-
pointed for three years, and two shall be thereafter appointed annually for three
years; and all vacancies shall be filled for the unexpired term provided, that
the provisions of this act shall not affect any person or persons heretofore ap-
pointed, and now in office, during the time for which they shall have been ap-
pointed; but in cities of the second class, third grade a, and third grade c, said
six members shall be appointed by the board of tax commissioners, and the
appointment of said board shall be so made, and the vacancies shall be so filled,
that not more than three members thereof shall be of the same political party,
faith and allegiance, the first appointments to be two for one year, two for two
years, and two for three years, and all the vacancies shall be filled for the un-
expired terms from persons of the same political faith as those whose terms
shall have expired. Said boards shall have all the powers, and be governed by
the rules, provisions, and limitations prescribed in the next preceding section,
for the annual county board; each member of said board is authorized to ad-
minister oaths, and said board is empowered to call persons before them, and
examine them, under oath, in regard to their own or others' property, moneys,
credits and investments, and the value thereof, and to equalize the value of
real and personal property, moneys, credits, and investments within such cities,
and to order any property, credit or investment to be placed on the duplicate
for taxation, and fix the value thereof according to law, which has not been
listed for taxation, and to increase the value of such property, moneys, credits
and investments, as have in their judgment, been listed at less than their true
value in money, and to reduce the value of such property, moneys, credits or
investments as have been appraised above their true value in money, and shall
annually meet at the office of the county auditor on the fourth Monday in May,
except in cities of the first and second grade of the first class, when it shall
meet on the fourth Monday in May, and shall close its session on or before
the second Monday of September; except that in cities of the third grade of
the first class, and in cities of the first and second grades of the second class,
and in cities of the second class, third grade a, and cities having a population
of twenty thousand and over by the last federal census, and which have not
been by ordinance advanced to a city of the second grade of the second class,
said board shall close its session on or before the first Monday of August; and
in cities of the third, third grade c and fourth grades of the second class, said
board shall close its session on or before the fourth Monday of June then next
following. For each day necessarily employed in the performance of their
duties, the members of said board shall each receive, in cities of the first class,
and in the first and second grades of the second class, and in cities of the sec-
ond class, third grade a, and in cities having a population of twenty thousand
and over, ascertained as aforesaid, and which have not been advanced to a city
of the second grade of the second class, the sum of five dollars per day, and in
1567
Tit. XIII, Ch. 4.
BOARDS OF EQUALIZATION.
§ (2805-1).
cities of the third grade, third grade c, and fourth grade of the second class, the
sum of three dollars per day, and in cities of the third and fourth grades of the
second class, not county seats, the members of such board shall receive, in
addition to the sum of three dollars per day, ten cents per mile traveling ex-
penses going to the said county seat; and in cities of the first class, first grade,
the auditor shall receive no compensation as a member of the board, but the
board may appoint all necessary messengers and clerks, not exceeding six of
each, who shall receive three dollars per day for their services, for the time.
actually employed, which shall be paid out of the county treasury. The county
auditor may act by his deputy or chief clerk in all city boards of equalization,
and, in addition to the clerks herein authorized, the auditor of the county hav-
ing a city of the first grade of the first class, shall appoint a clerk, who shall
be styled the chief clerk of the board of equalization, at a salary of five dollars
for each day's services performed; and such boards shall each have the same
powers as are conferred upon annual county boards by the next preceding sec-
tion, and upon complaint of the presiding officer thereof to the probate judge,
the same proceedings shall be had against persons notified and neglecting or
refusing to appear before them, or refusing to swear, or answer questions, as is
provided in section two thousand seven hundred and eighty-three; and county
solicitors, or, where there is no such office, the prosecuting attorney of the
county shall act as the legal adviser and attorney for the county board, and the
city solicitor of the city board of equalization; provided, however, that this
act shall not be deemed to supersede, or in any manner affect section two of an
act entitled "An act supplementary to and amendatory of title XII of the Re-
vised Statutes of Ohio," passed March 26, 1891. [93 v. 618; 89 v. 21; 88 v. 177,
370; 87 v. 370; 86 v. 190, 192; 85 v. 173, 328; 83 v. 234; 79 v. 71; 78 v. 179;
77 v. 81, 182; Rev. Stat. 1880; 76 v. 95, § 2; (S. & S; 755).]
Boards of equalization, annual and decennial, appointment of, by board of control in
Hamilton, see ? (1545-296).
Last amendment part of act creating new charter for Portsmouth to be submitted to
electors.
In Cincinnati, the board of review is substituted, see ? (2690m).
Cleveland board, how constituted, see § 2805b.
Columbus board, how constituted, see ? 2805m.
For "an act to provide for the payment of compensation to members of certain boards
of equalization," see 84 v. 12.
Board of equalization in villages of 2848 to 2855 by census of 1880. [88 v. 43.]
In Portsmouth must close session by second Monday of July. [88 v. 320.]
Tax commissioners of Portsmouth to appoint board of equalization for, see ? (2688--1a).
The rules referred to are those laid down in 2 2804 and 2814. State ex rel. v. Raine, 47 O. S. 447, 458-9.
The annual board can not alter a valuation without notice and opportunity to be heard. Phillips v.
Hunter, 9 C. C. 698; 3 O. D. 614.
The board of review in making additions to tax returns, must act with reason on the evidence before it:
Rawson & Co. v. Schott, 14 C. C. 94; 7 O). D. 256.
See note to Sherard et al. v. Lindsay, Treas., 13 C. C. 315; 7 O. D. 245, under ? 2804.
(2805-1) SEC. 5. [Springfield improvements if assessed.] In cities.
of the second class, third grade a, the provisions of section 2702, of the Revised
Statutes of Ohio, shall not be held applicable in case of the improvement of
public streets, alleys, avenues or spaces, or in the construction of sewers, side-
walks, curbs or gutters, where the whole or any part of the cost of such im-
provement is to be assessed upon the abutting or other benefited lots and lands
in such cities. [89 v. 23.]
(2805-2) SEC. 6. [Springfield improvements if contracted for.] In
cities of the second class, third grade a, the provisions of section 2702, Revised
Statutes, shall not be held to apply to any of the improvements enumerated in
section 5 [$(2805—1)] of this act which are now either contracted for or are
now in process of construction. [89 v. 23.]
SEC. 2805a. [Power of the Cincinnati and Cleveland boards as boards
of revision.] And in each city of the first and second grade, ciass first, the
county auditor may, whenever he may deem it necessary to, call together the
1568
S$ 28056-2805d.
BOARDS OF EQUALIZATION.
Tit. XIII, Ch. 4.
annual city board of equalization on the first Monday of December of each
year, and the said board when so called together, shall sit as a board of revis-
ion of such acts done by it as a board of equalization at the previous meeting
thereof, as the county auditor may present to it for its revision. But before
acting as a board of revision, the members thereof shall be sworn, by a compe-
tent officer, to a faithful discharge of their duties as such board, and any
refunder, abatement, or change of value, which said board of revision may
¡ recommend to be made, shall be deemed and held in a case of refunder or
abatement, to be sufficient authority for the county auditor to issue his order
of refunder or abatement, on the county treasurer, and in case of change of
value, such recommendation of change by said board shall be deemed and
held sufficient authority for said officer to enter the same in his book of addi-
tions and deductions, and all acts of the said board of revision shall be subject
to an appeal, through the county auditor, to the auditor of the state; said
board of revision shall have power to administer any oath which it may deem
necessary to the proper discharge of its duties; it shall not continue in session
for a longer time than four weeks. Public notice shall be given by the county
auditor of each meeting of said board, and its members shall be paid the same
amount per day, as when sitting as a board of equalization. [1888, April 10:
85 v. 173, 174; 83 v. 234, 235; 78 v. 179, 180; 77 v. 81, 82.]
(2805b) SEC. 1. [Cleveland board; appointment and term of mem-
bers.] In cities of the second grade of the first class there shall be a board of
equalization and assessment, to be composed of three members, electors of said
city, not more than two of whom shall belong to the same political party, who
shall be appointed by the probate judge, for the term of three years; provided,
that at the first appointment, which shall be made on the fourth Monday of
April after the passage of this act, or as soon thereafter as practicable, one of
said members shall be appointed for one year, one for two years and one for
three years, and annually thereafter one member shall be appointed for the
term of three years; and all vacancies shall be filled by appointment for the
unexpired term. The probate judge may, at discretion, remove any member of
said board. [89 v. 283.]
As to unconstitutionality, see Gaylord v. Hubbard, 56 O. S. 25, under ? 2805ƒ.
(2805c) SEC. 2. [Salary; bond; sessions, etc.] The members of said
board shall each receive a salary of twenty-five hundred dollars per annum,
and shall give bond in the sum of five thousand dollars to the approval of the
probate judge. They shall devote their whole time to the duties of their office
and no member shall be engaged in any other business avocation or employ-
ment. The board shall hold daily sessions so far as practicable and a record of
its proceedings shall be kept. [89 v. 283.]
(2805d) SEC. 3. [Organization.] The said board shall meet on the first
Monday of May of each year and the member having the shortest time to serve,
not holding his office by appointment to fill a vacancy, shall be president for
the ensuing year. The county auditor shall be secretary of said board, and for
his services in that behalf shall receive a salary of six hundred dollars per an-
num in addition to any salary now provided by law. The auditor shall ap-
point, subject to the confirmation of the board, a chief clerk for said board, who
shall receive a salary of fifteen hundred dollars per annum, and not to exceed
three assistant clerks, who shall each receive a salary of seventy five dollars per
month, and shall prescribe their duties. The board shall appoint such number
of messengers, not exceeding six, as may from time to time be required, who
shall each receive three dollars per day for their services, for the time actually
employed. Not more than one-half of said clerks or one half of said messen-
gers shall belong to the same political party. [89 v. 283.]
1569
Tit. XIII, Ch. 4.
BOARDS OF EQUALIZATION.
§§ 2805e-2805h.
(2805e) SEC. 4. [Assessors.] In every city of the second grade of the
first class the said board shall, annually, on or before the second Monday of
April, appoint not exceeding forty assessors, not more than one-half of whom
shall belong to the same political party, who shall hold their office for the term
of one year, but may be removed by the board at its pleasure, and who shall
each receive for his services a compensation of four dollars per day for each
day actually employed in the performance of his duties; provided, that no'
assessor shall in any one year receive compensation for more than thirty-six
days' service, except upon the order of the board and the approval of the county
auditor. Said assessors shall have the same power and perform the same du-
ties as are or may be provided by law with respect to township assessors, and
said board shall assign such assessors to the different wards of such city, or it
may divide such city into districts and assign them to such districts. All
statements of statistics and the quadrennial enumerations required of township
assessors shall be made and returned by the assessors appointed by said board,
for the wards or districts to which they may be respectively assigned by the
board. Each of said assessors shall give bond in the sum of one thousand dol-
lars to the approval of the board. [89 v. 283.]
(2805f) SEC. 5. [Equalization of valuation of real property.] As
soon as practicable after the first Monday of May, 1892, and annually there-
after, the said board shall proceed to hear complaints and to equalize the valu-
ation of all real property in such city, and it shall have the power to raise the
valuation of such tracts and lots of real property as in its opinion are valued
below the true value thereof, and to reduce the valuation of such tracts and
lots as in its opinion are valued above their true value, as compared with the
average valuation of the real property in such city, and it shall have all the
powers provided by law for decennial county boards for the equalization of real
property, and shall be governed by the rules prescribed for such decennial
county boards in equalizing the valuations returned by district assessors; pro-
vided, that it shall not reduce the value of the real property of the city below
the aggregate value thereof as fixed by the state board of equalization, nor be-
low its aggregate value on the duplicate of the preceding year, to which shall
be added the value of all new entries and new structures, over the value of those
destroyed as returned for the current year. [89 v. 283.]
Sec. 5 unconstitutional, because conferring on the board of cities of certain class powers substantially
different from those elsewhere: the subject being general and not local: Gaylord v. Hubbard, 56 O. S. 25.
(2805g) SEC. 6. [Certain powers given to board.] The said board
shall be the successor of, and, except as otherwise provided in this act, shall
have all the powers and perform all the duties prescribed by law for the decen-
nial board for the equalization of the value of the real property within such
city, of the annual board for the equalization of the value of real and personal
property, moneys and credits in such city, and of the last named board as a
board of revision; also of the board of tax commissioners in such city. Said
decennial board for the equalization of the value of real property and said an-
nual board for the equalization of the value of real and personal property, mon-
eys and credits, and the board of tax commissioners, in cities of the second
grade of the first class, are hereby abolished; and the city council may desig-
nate said board of equalization and assessment in place of appointing the board
provided by section 2279 of the Revised Statutes, in which event said board
shall have all the authority and perform all the duties provided by law for said
equalizing board. [89 v. 283.]
(2805h) SEC. 7. [Decennial assessment of real estate; other powers.]
The decennial assessment of real estate to be made in the year 1900 and every
tenth year thereafter, as provided by law, shall, in cities of the second grade of
the first class be made by said board, and for that purpose it may appoint in
100
1570
§§ 2805i-2805n.
BOARDS OF EQUALIZATION.
Tit. XIII, Ch. 4.
such decennial years, such numbers of assistants and at such compensation as
the city council may approve. The said board shall have all the powers and
perform all the duties now provided by law for the district assessors of real es-
tate in such cities, who are hereby abolished, and all the provisions of sections
2789, 2790, 2791, 2792, 2793, 2798 and 2799 of the Revised Statutes pertaining
to said district assessors of real property in such cities, shall apply to and gov-
ern said board; provided, that nothing herein contained shall require said
board to divide such city into districts for the purpose of such assessment,
and unless the context otherwise require, the term "district" in said sections
of the Revised Statutes shall be construed as referring to such city; provided
further, that the return of the amount, description and value of the real prop-
erty subject to be listed for taxation in said city shall be delivered to the audi-
tor of the county on or before the first Monday of November in each decennial
year. [89 v. 283.]
(28051) SEC. 8. [Payment of salaries, etc.] The salaries of the mem-
bers of said board shall be paid out of the city treasury. All other salaries and
compensation herein provided for, and any contingent expenses authorized by
the county commissioners, shall be paid out of the county treasury. [89 v. 283.]
(2805j) SEC. 9. [Rooms, etc.; official bonds.] The county commis-
sioners of the county in which any such city is located shall provide suitable
and convenient rooms for the use of the board; and all stationery, printing
and supplies needed by said board shall be furnished at the expense of the
county. All official bonds required to be given by this act shall be filed with
the county auditor. [89 v. 283.]
(2805k) SEC. 10. [Penalty.] Any member of said board who shall wil-
fully neglect or refuse to perform any duty enjoined on him by law, or who
shall consent to or connive at any evasion of the provisions of law whereby
any property required to be assessed shall be unlawfully exempted or the valu-
ation thereof entered at less than its true value, shall, for every such neglect,
refusal, consent or connivance, forfeit and pay not less than the sum of two
hundred dollars nor more than one thousand dollars, to be recovered by action
in the name of the state, and he shall also be forthwith removed from office.
[89 v. 283.]
(28051)
Columbus.]
SEC. 1. [Annual board of equalization; appointment in
In cities of the first grade of the second class, the annual board
for the equalization of the value of real and personal property, moneys and
credits, in such cities, shall be composed of the county auditor and six citizens
of such cities appointed by the mayor thereof, for the term of one year, three
members of which board shall be appointed from each of the two leading polit-
ical parties in such cities. [87 v. 336.]
Board continued under new governmental act, ? (1545-149).
(2805m) SEC. 2. [Decennial board.] In cities of the first grade of the
second class, the decennial board for the equalization of the value of real prop-
erty within such cities, shall be composed of the county auditor and six citi-
zens of such cities, appointed by the mayor thereof, three members of which
board shall be appointed from each of the two leading political parties in such
cities. [87 v. 336.]
Board continued under new governmental act, ? (1545-149).
(2805n) SEC. 3. [Powers and duties.] Said boards shall have all the
powers, and be governed by the rules, provisions and limitations, and perform
the same duties as are, or may be prescribed by law, with respect to like boards
in other cities; provided, that such annual city board of equalization shall
close its session on or before the first Monday of August. [87 v. 336.]
1571
Tit. XIII, Ch. 4.
BOARDS OF EQUALIZATION.
SS28050-2807.
(28050) SEC. 4. [Compensation.] For each day necessarily employed
in the performance of their duties, the members of said boards shall each receive
the following compensation, to-wit: the members of said annual city board the
sum of three dollars per day; the members of said decennial board, the sum of
five dollars per day. [87 v. 336.]
DUTIES AND POWERS OF ABOVE BOARDS.
SEC. 2806. [Duties of auditor and state board of equalization.] The
county auditor shall lay before each of the above-named boards, for the terri-
tory they respectively have jurisdiction over, the returns of the assessors for
the current year, and such returns as are required to be made to the county
auditor as is provided in section two thousand seven hundred and forty-four and
also the valuation of the real estate as the same was entered on the duplicate of
the preceding year, or as fixed by the state board of equalization, with such
maps, returns, lists, abstracts and other papers that may be in the auditor's
office pertinent to their duties, and each of said boards shall keep a regular
journal of its proceedings, which shall be deposited with the auditor. [1883,
March 9: 80 v. 54; 77 v. 191, 192; Rev. Stat. 1880; 56 v. 175, § 46; (S. & C.
1457).]
When proceedings for the annexation of territory to a city are completed prior to the first meeting of
the county board of equalization, the equalization of said property belongs to the city board, not to the
county board: State ex rel. Attorney-General v. Holmes, 20 O. S. 474.
SEC. 2807. Equalizing of assessments; deduction for destroyed per-
sonal property.] The said boards shall hear complaints and equalize the
assessments of all personal property, moneys and credits, new entries and new
structures returned for the current year, by the township assessors and county
auditors; and they shall have power to add to, or deduct from the valuation of
personal property, or moneys or credits, of any person returned by the assessor
or county auditor, or which may have been omitted by them, or to add other
items upon such evidence as shall be satisfactory to the said boards, whether
said return be made upon oath of each person or upon the valuation of the
assessor or county auditor, but when any addition shall be ordered to be made
to any list returned unaer oath, a statement of the facts upon which such addi-
tion was made shall be entered on the journal of the boards. Provided, that
no such addition shall be made to such list returned under oath without the
board having first given reasonable notice to the person or persons (if their
residence be within the county) whose personal property is sought to be added
to, or the valuation thereof increased, to appear before said board at a time and
place to be fixed by said board, and show cause why such addition should not
be made, or why such valuation should not be increased; and when any re-
duction shall be ordered to be made in the amount of personal property, or
moneys or credits of any person, whether such return be made by such person
or by the assessor or county auditor, a statement of the facts on which such
reduction was made shall be entered on the journal of the boards. And such
boards shall have power, whenever it is made to appear to their satisfaction
that any personal property returned by the township assessors or county audi-
tors, for the current year, has been destroyed by fire, flood, tornado or other-
wise, after the second Monday in April and before the final adjournment of
said boards, to deduct from the valuation of the personal property, or moneys
or credits of the owner of such destroyed property so returned, the value of
the personal property so destroyed. [92 v. 218; 83 v. 231; 80 v. 54; 77 v. 75,
76, 191, 192; Rev. Stat. 1880; 56 v. 175, § 46; (S. & C. 1457).]
The addition or deduction should be made upon satisfactory evidence, and not arbitrarily, without any
evidence or knowledge of the facts: Fratz v. Mueller, 35 O. S. 396.
The addition of an item of property to the return of the tax-payer by a board of equalization, with a
direction to the auditor to carry the same upon the duplicate, and to assess against it the fixed rate for state,
county, and other purposes, does not of itself constitute the levy: Jones v. Davis, 35 O. S. 479.
1572
¿
§§ 2808-2811.
BOARDS OF EQUALIZATION.
Tit. XIII, Ch. 4.
As a general rule, the decisions of officers and tribunals specially created and charged in tax laws with
the duty of valuing property for taxation, and equalizing such valuations, are final and conclusive: Wagoner v.
Loomis, 37 O. S. 571.
An addition by the board of equalization to valuation of personal property returned by a tax-payer,
without evidence, is unauthorized: Wise v. Kromberg (Ham. Dist. Court), 3 W. L. B. 863.
Some item of fact must be placed in minutes of board on which action is based, to make an addition:
Muller v. Fratz (Ham. Dist. Court), 4 W. L. B. 850.
Before board can increase amount of sworn return of personal property, in absence of personal knowl-
edge on the part of the board, some evidence must be submitted to, and considered by, a majority of the
board: Hirschman v. Fratz (Ham. Dist. Court), 7 W. L. B. 35.
The duty to enter the facts on the journal is mandatory and must be strictly observed: Ratterman v
Niehaus, 4 C. C. 502.
If the board has good reason to believe that a return placed before it is below its real value, or omits
items, it is the board's duty to examine and use its powers, though no complaint was made: State v. Sullivan,
15 C. C. 333, 340; aff'd 58 O. S. 504.
In making additions to tax returns, the board must act with reason and on the evidence before it :
Rawson et al. v. Schott, 14 C. C. 94; 7 O. D. 256.
ANNUAL STATE BOARD FOR BANKS.
i
SEC. 2808. [State board for banks: how constituted.] The governor,
auditor of state, and attorney-general shall constitute a board for the equaliza-
tion of the shares of incorporated banks, and for this purpose they shall meet
on the third Tuesday of June, annually, at the office of the auditor of state,
and examine the returns of said banks to the county auditors and the value of
said shares as fixed by the county auditors, as the same shall have been reported
by the county auditors to the state auditor. [1883, March 9: 80 v. 54, 55;
77 v. 191, 192; Rev. Stat. 1880; 74 v. 88, §5.]
The statute creating the board for equalizing bank shares, is not void, as a violation of the Constitution
of Ohio. A statute can not be held to be unconstitutional which in itself does not conflict with the Consti-
tution, because of the injustice produced by its maladministration: Cummings v. National Bank, 101 U. S.
Supreme Court 153.
The auditor of Cuyahoga county, Ohio, fixed the taxable value of shares in a national bank at sixty
per cent. of their true value in money, in accordance with the practice adopted for the valuation of other
moneyed capital of individuals in the courts and state, and transmitted the same to the state board of equal-
ization for incorporated banks. That board increased the valuation to sixty-five per cent., and this value,
being certified back to the auditor, was placed by him on the tax-list without a corresponding change being
made in the valuation of other moneyed capital of individuals: Held, that this was such a discrimination as
is forbidden by 2 5219 of the Revised Statutes of the United States: Whitbeck v. Mercantile Bank, 127 U. S.
Supreme Court 193.
Cited State v. Jones, 51 O. S. 492, 507.
SEC. 2809. [Powers of board.] Said board shall hear complaints and
equalize the value of said shares according to the rules prescribed by their title
for valuing and equalizing the values of real and personal property, and if in
the judgment of the board, or a majority of them, the aggregate value of all the
bank property so reported to said board by the county auditors is below its
true value in money, they may increase or diminish the value of said shares
by such a per cent. as will equalize said shares to their true value in money;
provided that said board shall not increase or reduce the grand aggregate value
of bank shares as returned by the several county auditors by more than twenty
(20) per centum. [1883, March 9: 80 v. 54, 55; 77 v. 191, 192; Rev. Stat. 1880;
74 v. 88, §5.]
See note to Whitbeck v. Mercantile Bank, 127 U. S. Supreme Court 193, under 2 2808.
SEC. 2810. [State auditor to report to county auditors.] The auditor
of state shall forthwith after such equalization shall have been made certify to
the auditors of the proper counties the valuation, as equalized, of the shares of
banks situated in such counties, which valuation shall be put on the proper
tax-list. [1883, March 9: 80 v. 54, 55; 77 v. 191, 192; Rev. Stat. 1880; 74 v.
88, § 6.]
ANNUAL STATE BOARD FOR RAILROADS.
SEC. 2811. [How constituted, and their meeting.] The auditor of
state, treasurer of state, commissioner of railroads and telegraphs and the at-
torney-general, shall also constitute a board of equalization of the values of
the property of railroad companies as the same are fixed by the county audi-
tors; and for this purpose they shall meet at the office of the auditor of state,
1573
Tit. XIII, Ch. 4.
BOARDS OF EQUALIZATION.
$2812.
on the Wednesday after the tenth day of June, annually, and examine the re-
turns and documents sent to the auditor of state by the boards of county audi-
tors in this behalf. [92 v. 72; 64 v. 58, § 1; S. & S. 768.]
SEC. 2812. [Their powers.] The said board shall hear complaints and
equalize said values by adding to the valuation of the property of such com-
panies as have been undervalued, and deducting from the valuation of the prop-
erty of such as have been overvalued: provided, that the board, in such equal-
ization, shall not reduce the aggregate of the value of the property of railroad
companies within the state below the amount returned by the board of county
auditors. [64 v. 58, §1; S. & S. 768.]
·
DECENNIAL COUNTY BOARD.
SEC. 2813. [How county board of equalization constituted; its or-
ganization; time of meeting.] The auditor, surveyor, and commissioners of
such county shall compose the county board of equalization of the real prop-
erty within the county, except that within any city of the first or second class;
and they shall convene at the office of the county auditor on the second Mon-
day of August, one thousand eight hundred and eighty, and every tenth year
thereafter; and each shall be sworn, faithfully and impartially, to equalize the
value of real estate within the county, that is within their jurisdiction, accord-
ing to law; any three of them shall form a quorum, and the auditor shall keep
a full and accurate record of the proceedings and orders of the board. (65 v.
166, § 39.) [1880, March 19: 77 v. 73; Rev. Stat. 1880; (S. & S. 753; S. & C.
1454).]
For acts to provide compensation for members of boards of equalization, see 77 v.
230; 78 v. 162; 78 v. 215. Same for 1890, 87 v. 199, 271; 88 v. 16; and see ? (2814—5).
In making additions to tax returns the board must act with reason and on evidence before it: Rawson &
Co. v. Schott, 14 C. C. 94; 7 O. D. 256.
The presumption that the appraisement of real estate was made as of the second Monday in April, is not
conclusive: State ex rel. v. Lewis, 15 C. C. 279.
SEC. 2814. [Proceedings; rules to govern their orders.] The auditor
shall lay before the board the returns made by the district assessors, with the
additions which he shall have made thereto; and they shall then immediately
proceed to equalize such valuation, so that each tract or lot shall be entered on
the tax list at its true value, and for this purpose they shall observe the follow-
ing rules: 1st. They shall raise the valuation of such tracts and lots of real
property as, in their opinion, have been returned below their true value to such
price or sum as they may believe to be the true value thereof, agreeably to the
rules prescribed by this title for the valuation thereof; 2nd. They shall reduce
the valuation of such tracts and lots as, in their opinion, have been returned
above their true value, as compared with the average valuation of the real
property of such county, having due regard to their relative situation, quality
of soil, improvement, natural and artificial advantages possessed by each tract
or lot; 3d. They shall not reduce the aggregate value of the real property of
the county below the aggregate value thereof, as returned by the assessors, with
the addition made thereto by the auditor, as herein before required.
[Owner to have notice of increase of valuation.] 4th. Provided, that be-
fore such boards shall increase the value of any tract or lot as returned by the
assessors, the owner thereof shall have at least ten days' notice of such intended
increase by registered letter in all cases where the residence is known. The
return receipt for such shall be filed by the auditor. [93 v. 12; 65 v. 166, § 39;
S. & S. 753; (S. & C. 1454).]
Cited State v. Raine, 47 O. S. 447, 459.
(2814-1) SEC. 1. [Hamilton county board of revision.] The county
auditor of any county containing a city of the first grade of the first class, shall
call together the decennial county board of equalization, heretofore constituted
1574
§ (2814-2).
BOARDS OF EQUALIZATION.
Tit. XIII, Ch. 4.
under the provisions of the Revised Statutes of Ohio, to meet on the third Mon-
day of April, 1892, and organize as a board of revision. [89 v. 280.]
(2814-2) SEC. 2. [Its session.] The session of said county board of
revision shall not be held for a longer period than six months. [89 v. 280.]
(2814-3) SEC. 3. [Duties; laws which govern.] Said board shall con-
sider only such of its previous acts as the county auditor, or any taxpayer may
present to it for revision, and in all other respects shall be governed by the
laws passed for the government of the decennial board of equalization. [89 v.
280.]
(2814-4) SEC. 4. [Powers.] The said board shall have power to ap-
point a clerk at a salary not to exceed $5.00 per day, to cite any owner of real
estate before it, compel his or her attendance, examine witnesses and adminis-
ter any oath necessary to the proper discharge of its duties. [89 v. 280.]
(2814-5) SEC. 5. [Salary; payment of same.] Each member of said
county board shall receive the sum of five dollars per day, for each day actually
employed in the performance of the duties herein provided for, which salary as
well as the salary of the clerk shall be paid out of the county treasury. [89 v.
280.]
(2814—6) SEC. 1. [Board of revision in Cuyahoga county.] In coun-
ties containing a city of the second grade of the first class the county auditor
may, should he deem it neccssary to do so, call together the decennial county
and city boards of equalization, heretofore appointed under the provisions of
the Revised Statutes of Ohio, to meet on the first Monday of December, 1891,
and organize as boards of revision, respectively. [88 v. 339.]
(2814-7) SEC. 2. [Sessions.] The session of said county board of revi-
sion shall not be held for a period longer than twenty days, and said city board
for a period not longer than ninety days. [89 v. 4; 88 v. 339.]
(2814-8) SEC. 3. [What the boards may consider.] Said boards re-
spectively shall consider only such of its previous acts as the county auditor,
or any tax-payer, may present to it for revision, and in all other respects shall
be governed by the laws passed for the government of the decennial boards of
equalization. [88 v. 339.]
(2814-9) SEC. 4. [Powers.] That said boards shall have power to cite
any owner of real estate before it, compel his or her attendance examine wit-
nesses, and administer any oath necessary to the proper discharge of its duties.
[88 v. 339.]
(2814-10) SEC. 5. [Compensation.] Each member of said city board
shall receive the sum of five dollars per day for each day actually employed in
the performance of the duties herein provided for, and each member of said
county board three dollars per day, to be paid out of the county treasury. [88
v. 339.]
DECENNIAL CITY BOARD.
SEC. 2815. [City board: how constituted and organized.] In each
city of the first and second class there shall be a decennial board for the equali-
zation of the value of the real property within such city, to be composed of the
county auditor and six citizens of such city, appointed by the council thereof,
except that in cities of the first grade of the first class, said six members shall
be appointed by the city comptroller of such city and shall consist of three
members of each of the two leading political parties, and except that in cities
of the second class, third grade a, and third grade c, said six members shall be
1575
Tit. XIII, Ch. 4.
BOARDS OF EQUALIZATION.
§§ 2816-2817.
appointed by the board of tax commissioners, and not more than three of the
persons so appointed shall be members of the same political party. Said board
shall convene at the office of the county auditor on the third Monday of Sep-
tember, in the year 1900, and every tenth year thereafter; and they shall sever-
ally take the same oath as that prescribed for the decennial county board; and
a record of the proceedings and orders of said decennial city board of equali-
zation shall be kept by the auditor. [93 v. 619; 88 v. 178; 87 v. 334; 77 v. 73;'
Rev. Stat. 1880; (S. & S. 753).]
Last amendment part of act creating new charter for Portsmouth to be submitted to
electors.
For acts to provide compensation for members of boards of equalization, see 77 v. 230;
78 v. 162; 78 v. 215. For 1890 see 87 v. 199; 88 v. 16.
In Cincinnati board of review is substituted, see ? (2690m).
Cleveland board, how constituted, see ? 28056.
Columbus board, how constituted, see ? 2805m.
Tax commissioners of Portsmouth to appoint decennial board of equalization, see
? (2688—1a).
Appointment of, by board of control in Hamilton, see ? (1545—299).
SEC. 2816. [Powers; clerks; compensation.] The said board shall as to
the real estate within such city, have the same powers, perform the same du-
ties, and be governed by the same rules, provisions and limitations as the
decennial county board of equalization; and in cities of the first grade of the
first class, said board may appoint a chief clerk who shall be entitled to receive
for each day necessarily employed in the performance of his duties a sum not
exceeding four dollars, to be paid out of the county treasury, after the same has
been approved by the county commissioners; said board may also employ such
other clerks as may be necessary, who shall be entitled to receive not exceeding
four dollars per day each for the time necessarily employed, to be paid out of
the county treasury. [87 v. 338; 65 v. 166, § 40; S. & S. 753.]
DECENNIAL STATE BOARD.
SEC. 2817. [County auditor to make abstract of real property.]
Each county auditor shall, on or before the first Monday of November, one
thousand eight hundred and eighty, and every tenth year thereafter, make out
and transmit to the auditor of state an abstract of the real property of each
township in his county, in which he shall set forth:
First-The number of acres, exclusive of town lots, returned by the several
assessors of his county, with such additions as shall have been made thereto.
Second-The aggregate value of such real property, other than town lots, as
returned by the several assessors of his county, inclusive of such additions as
shall have been made thereto under the provisions of this title.
Third-The aggregate value of the real property in each township of his
county, as returned by the several assessors, with such additions as shall have
been made thereto. (65 v. 166, § 41; S. & S. 751.) [1880, March 19: 77 v. 73;
Rev. Stat. 1880; (S. & S. 754; S. & C. 1455).]
For "an act to provide compensation for member of state board of equalization," see
77 v. 230; same for 1890, see 87 v. 199.
562.
For an act to facilitate the work of the decennial state board then in session, see 88 v.
The board of equalization added to a sworn return of personal property for taxation, which included
the monthly average value of goods and merchandise during the preceding year, an additional valuation to
such monthly average, and entered upon its journal a statement, as the reason for such increase, that in view
of the facts the return was insufficient and below the actual value of the property: Held, that this was a suf-
ficient compliance with the statute, which requires a statement of the facts to be entered upon the journal of
the board: Fratz v. Mueller, 35 O. S. 397.
The power of the board to add to or deduct from the valuation of personal property, should be made
upon satisfactory evidence or knowledge of the facts, and not arbitrarily, without any evidence or knowledge
of the facts to support the same: Ib.
The jurisdiction of a court of equity in cases of fraud and mistake, embraces the action of such boards
as fully as in other cases of like nature: Ib. 404.
See note to Rawson et al. v. Schott, 14 C. C. 94; 7 O. D. 256, under section 2813.
1576
S$ 2818-2819.
BOARDS OF EQUALIZATION.
Tit. XIII, Ch. 4.
SEC. 2818. [Decennial state board of equalization; constitution and
election; duties as to equalization of real property.] The state board
of equalization shall consist of as many members as compose the state sen-
ate, chosen at the last previous election of members of the general assembly,
and representing the same districts, all of whom shall have the qualifica-
tions of electors, and the qualified electors of each senatorial district shall,
at the November election in the year one thousand eight hundred and ninety,
and each tenth year thereafter, elect persons to serve as members of such
board of equalization in accordance with the provisions of this chapter,
and the returns of the poll-books and certificate of election shall be governed
by the law regulating the election of senators; and in case of vacancy in such
office, either by death or resignation, or otherwise, the governor of the state
shall have the power to appoint a person who shall be a resident elector of the
district so vacated, to fill such vacancy as soon as he shall be informed thereof;
the auditor of the state shall, by virtue of his office, be a member of this board.
The said board shall meet at Columbus on the first Tuesday of December, one
thousand eight hundred and ninety, and every tenth year thereafter, and the
members thereof shall each take an oath that he will, to the best of his knowl-
edge and ability, so far as the duty devolves on him, equalize the valuation of
real property among the several counties and towns in the state, according to
the rules prescribed by this table for valuing and equalizing the value of real
property transmitted to him by the several county auditors. Said board shall
proceed to equalize the same among the several towns and counties in the state,
in the manner hereinafter prescribed:
1st. They shall add to the aggregate value of the real property of every
county which they shall believe to be valued below its real value in money,
such per centum in each case as will raise the same to its true value in money.
2nd. They shall deduct from the aggregate valuation of the real property
of every county which they shall believe to be valued above its true value in
money, such per centum in each case as will reduce the same to its true value
in money.
3rd. If they shall believe that right and justice require the valuation of
any town or towns in any county, or of the real property of such county, not
in towns, to be raised or to be reduced without raising or reducing the other
real property of such county, or reducing it in the same ratio, they may, in
every such case, add to or take from the valuation of any one or more or [of] such
towns, or of property not in towns, such per centum as they shall believe will
raise or reduce the same to its true value in money.
4th. If, in their judgment, the aggregate value of all the real property of
the state, as returned by the county auditors, is above or below its true value
in money, they may increase or reduce it, but such increase or reduction shall
not exceed twelve and one-half per centum of said aggregate; provided, that if
any increase or reduction shall be made in the valuation of the grand aggregate,
it shall only be made after the equalization of all the counties of the state;
and when such increase or reduction is made, it shall be the same per cent. of
the equalized valuation in every county of the state.
5th. Said board shall keep a true and full account of their proceedings and
orders. [1889, April 11: 86 v. 235; Rev. Stat. 1880; 68 v. 33, § 42; (S. & S. 754;
S. & C. 1455).]
Cited State v. Raine, 47 O. S. 447, 461.
SEC. 2819. [Auditor of state to transmit equalization statement to
county auditors.] When the state board of equalization shall have completed
their equalization of real property among the several counties, the auditor of
state shall transmit to each county auditor, a statement of the per centum to be
added or deducted from the valuation of the real property of his county, specify-
ing the per centum added to or deducted from the valuation of the real prop-
1577
Tit. XIII, Ch. 5.
LEVYING TAXES.
§ 2820.
erty of each of the several towns, and of the real property not in towns, in
case an equal per centum shall not have been added or deducted from each;
and the county auditor shall forth with proceed to add to or deduct from each
tract or lot of real property in his county, the required per centum on the val-
uation thereof, as it stands, after the same shall have been equalized by the
county and city boards of equalization; adding, moreover, or deducting in
each case, any sum of less than five dollars, so that the value of any separate
tract or lot shall be ten dollars or some multiple thereof. [1881, April 16:
78 v. 162; Rev. Stat. 1880; 56 v. 175, § 43; (S. & C. 1456).]
CHAPTER 5.
LEVYING TAXES.
SECTION
2820.
2820-1.
2821.
STATE TAXES.
Rates of state taxes.
Same.
State auditor's annual certificate thereof to
county auditors.
COUNTY TAXES.
2822. Annual determination of amount by the com-
missioners.
2823. Levy thereof at June session; levy in Hamil-
tou county; in Lucas county; special in
certain contingencies; when general fund
may be increased.
2823a. Limit in Franklin county.
2824. Levy of taxes for county road and bridge pur-
poses; bridge fund; Hamilton county; pay-
ment to Cincinnati; special tax to restore
important bridge; anticipation thereof;
Cleveland and cities of second class; Mari-
etta; Montgomery county: Dayton; Trum-
bull county; Warren.
2824-1. Cuyanoga, loans in anticipation of addi-
tional road tax.
2824-2. County purposes in Hamilton county.
2824-3. Judiciary fund in Hamilton county.
2824-4. Sinking fund.
2824-5. Repeals.
2825. Certain levies require a prior vote of the peo-
ple.
2826. Additional poor tax authorized.
TOWNSHIP TAXES.
2827. When and how made.
2827-1. Certain townships may levy a road tax.
2828. Additional for liabilities incurred for the poor.
2829. Levy of township road tax in Hamilton coun-
ty; labor in discharge of part tax; collec-
tion and expenditure of township road
fund: municipalities; levy of additional
| SECTION
township road tax in counties outside of
Hamilton; power of village councils to
make such levy for themselves; certificate
to auditor; collection.
2830. Labor on public highways; county treasurer
shall receive certificates as money for road
tax; money or labor; when paid in labor
when labor to be performed; expenditure
of road fund; time for payment of road
tax extended in certain counties.
MISCELLANEOUS.
2831.
Taxes for railroad subscriptions.
2832.
Assessing transient trades.
2833.
Tax on dogs.
2834.
Surplus of special tax or loan may be trans-
ferred to general fund.
2831a. Borrowing to extend time or change debt;
resolution; levy.
28316.
Restrictions; no contract, etc., unless money
is in treasury and is set apart; non-appli-
cability to certain employes.
2834c. Re-imbursement of holders of bonds issued
under unconstitutional acts;
acts; proviso;
claims recoverable by action; use of county
buildings.
2835. Townships and municipalities may issue and
sell their bonds for purposes that are speci-
fied; interest and sale.
2836. Tax shall be levied to pay the bonds and inter-
est thereon; surplus water-works fund in
Columbus applied on interest on storage
dam bonds and for creation of sinking
fund.
2837.
The question of issuing such bonds shall first
be submitted to the voters of the township
or municipality.
2837a. Sale of municipal bonds in installments.
STATE TAXES.
SEC. 2820. [Rates of state taxes.] There shall be levied, annually,
taxes for state purposes, on each dollar of valuation of taxable property, such
sum or sums as now are, or may be, from time to time, provided by law.
114, §1.]
[73 v.
(2820-1) [Prescribing the rate of state taxes.] There shall be lev-
ied annually, taxes for state purposes, on each dollar of valuation of taxable
1578
§§ 2821-2823.
LEVYING TAXES.
Tit. XIII, Ch. 5.
property for general revenue purposes, one mill and four-tenths of one mill, the
same to be styled the "general revenue fund." For the payment of interest
and constitutional reduction of the principal of the public debt of the state,
three-tenths of one mill, said fund to be styled the "sinking fund." For the
support of common schools, one mill, said fund to be styled the "state com-
mon school fund." [89 v. 421; 88 v. 479; 86 v. 376; 82 v. 124; 81 v. 180; 76
. 42.
See also ?? 236, 2821, and 3951.
SEC. 2821. [State auditor's annual certificate thereof to county audi-
tors.] The auditor of state shall, on or before the first Monday of June,
annually, give notice to each county auditor of the rates per centum required
by the general assembly to be levied for the payment of the principal and
interest of the public debt, for the support of common schools, for defraying
the expenses of the state, and for such other purposes as shall be prescribed by
law; which rates or per centum shall be levied by the county auditor on the
taxable property of each county on the duplicate, and shall be entered in one
column and denominated "state taxes." [56 v. 175, § 43; 76 v. 77, §2; S. & C.
1456.]
See also ?? 236, 3951.
No tax can be levied except by authority of law, and must be uniform: Zanesville v. Richards, 5 O. S. 589.
Taxation can only be for a public purpose: Taylor v. Commissioners of Ross Co., 23 O. S. 22.
Tax levied to pay bounties to volunteers, constitutional: Cass Township v. Dillon, 16 O. S. 38.
Tax levied for the relief of soldiers' families, held to be a state tax: State v. Auditor of State, 15 O. S. 482.
An assessment is not a tax within the meaning of the Constitution: Reeves v. Treasurer Wood Co., 8 O. S
333; Hill v. Higdon, 5 O. S. 243.
For "
COUNTY TAXES.
an act authorizing the commissioners of Gallia county to levy an additional tax
for poor purposes," as amended 83 v. 322.
To provide an additional sum to improve, etc., buildings on fair grounds in Hamilton
county, 93 v. 688.
Cuyahoga county may issue "county building" bonds, see 93 v. 587.
Ottawa county may build a court house; levy therefor, 93 v. 658.
County commissioners may levy tax for county public library, see ? 891a.
To create court and election funds for Greene county, see 93 v. 592.
"To authorize and require commissioners of Lucas county to build a jail and residence
in the same for sheriff," etc., tax levy, 93 v. 465.
Commissioners of Allen county may levy tax to purchase lands for a cemetery, and
place same in proper condition for burial of deceased union soldiers and sailors, 93 v. 544.
SEC. 2822. [Commissioners to determine annually amount to be
levied, and amount for each purpose.] The county commissioners shall, at
their March or June session, annually, determine on the amount to be raised
for ordinary county purposes, for public buildings, for the support of the poor,
and for interest and principal of the public debt, and for road and bridge
purposes; and they shall set forth in the record of their proceedings specific-
ally the amount to be raised for each of said purposes. [56 v. 175, §51; S. & C.
1458.]
For an act to provide for the appointment of a tax commission in Portsmouth, and
Scioto county," see? (2688-1).
Cited State v. Brinkman, 7 C. C. 165, 169.
SEC. 2823. [At June session they may levy for county purposes; for
county buildings, and sites, and lands for infirmary; in Hamilton county
for Longview asylum; levies for all purposes in Lucas county; certain
buildings, if destroyed, to be provided for by special levy; levy for general
county fund may be increased: when and how.] The commissioners, at their
June session, annually, may levy on each dollar of valuation of taxable prop-
erty within their county, for county purposes other than for roads, bridges,
county buildings, sites therefor, and the purchase of lands for infirmary pur-
1579
Tit. XIII, Ch. 5.
LEVYING TAXES.
$ 2823.
poses, as follows: In a county where the amount of such taxable property does
not exceed three millions dollars, not to exceed five mills; where the amount
exceeds three millions and does not exceed five millions dollars, three and five-
tenths; where the amount exceeds five millions and does not exceed eight mill-
ions dollars, two and five-tenths; where the amount exceeds eight millions.
and does not exceed eleven millions dollars, one mill and eight-tenths; where
the amount exceeds eleven millions and does not exceed fifteen millions dol-
lars, one mill and five-tenths; where the amount exceeds fifteen millions and
does not exceed twenty-five millions dollars, one mill and three-tenths; where
the amount exceeds twenty-five millions and does not exceed seventy millions,
one mill and one-tenth; where the amount exceeds seventy millions and
does not exceed one hundred millions dollars, seven-tenths of a mill; and,
where the amount exceeds one hundred millions dollars, six-tenths of a mill:
for the purpose of building county buildings, purchasing sites therefor, and
lands for infirmary purposes, where the amount of taxable property does
not exceed three millions dollars, not to exceed four mills and five-tenths;
where the amount exceeds three millions and does not exceed five millions
dollars, three mills and three-tenths; where the amount exceeds five millions
and does not exceed eight millions dollars, three mills[;] where the amount
exceeds eight millions and does not exceed eleven millions dollars, two mills;
where the amount exceeds eleven millions and does not exceed fifteen millions
dollars, one mill and five-tenths; where the amount exceeds fifteen millions
and does not exceed fifty millions dollars, one mill; and where the amount
exceeds fifty millions, six-tenths of a mill: the commissioners of Hamilton
county may levy a tax not exceeding three-tenths of one mill on each
dollar of valuation of taxable property in said county, to aid in support of
Longview asylum: the commissioners of Lucas county shall, at their June ses-
sion, annually, levy such amount as shall be necessary to provide for the ordi-
nary or general expenses of the county, the building and repair of bridges and
culverts, the maintenance of the poor, the repair of county buildings, and all
other purposes
which are paid out of the county treasury by order of the com-
missioners, the courts, or the auditor, and including any levy authorized by
vote of the people, designating at the time of making said levy the amount
for each separate fund: provided, that not exceeding five mills on the dollar
of the valuation of taxable property within said county, shall be levied
in any one year provided, also, however, that when in any county, any
county infirmary building or buildings, or children's home building or build-
ings, built or in process of construction, has, or have, or shall hereafter be,
wholly or partly destroyed by fire, or other casualty, and such county shall be
without sufficient funds applicable to the purpose with which to rebuild or
repair such building or buildings so destroyed or injured, the commissioners,
at any regular or called session, may levy a tax that will produce the sum
required for such purpose, not exceeding, in any case, ten thousand dollars;
and if the commissioners deem it advisable, they may anticipate the collection
of such special tax by borrowing any sum not exceeding the amount so levied,
at any rate of interest not exceeding seven per centum, per annum, payable
semi-annually, and may issue notes or bonds therefor, payable when said tax
shall be collected: and provided further, that whenever in any county the levy
in the first clause of this section authorized, is deemed insufficient for general
county purposes, the commissioners may increase said levy by any amount not
exceeding six-tenths of a mill on the dollar valuation; but in such case the
levies for other purposes shall be reduced to the same extent, so that the total
levies for all purposes shall not exceed the limits in this chapter prescribed.
[74 v. 92, § 1; 74 v. 180, §1; 74 v. 76, §1; 69 v. 111, §1.]
Sinking fund created and refunding provided for in Hamilton county, 92 v. 479.
Columbiana county, rate of tax for county purposes, 89 v. 288, amended 90 L. L. 67.
Lawrence county, rate of tax for county purposes, 88 v. 406.
1580
§§ 2823a-2824.
LEVYING TAXES.
Tit. XIII, Ch. 5.
Montgomery county, additional tax for five years for county purposes, 91 v. 716, 2 1,
amended 93 v. 584.
Trumbull county, additional tax for twelve years for county purposes, 91 v. 684.
Additional levy for county fund of Athens county, 93 v. 458.
County commissioners of Shelby county may make additional levy for county purposes,
93 v. 698.
See Lima v. McBride, 34 O. S. 339.
The limitation here applies only to levies authorized in Chapt. 5, Title XIII, Revised Statutes, and not to
those authorized by special and other general statutes: W. & L. E. Ry. Co. v. Stewart, 13 C. C. 360; 7 O. D. 193.
It is not necessary for the county commissioners to state in the record that in their judgment the
amount prescribed in the first paragraph of this section was insufficient for general county purposes, when
they have kept within the limits authorized by this section: Id.
SEC. 2823a. [Limit in Franklin county.] The commissioners of counties
containing cities of the first grade of the second class shall, at their June ses-
sion, annually, levy such amount as shall be necessary to provide for the ordi-
nary or general expenses of the county, the building and repairs of bridges and
culverts, the maintenance of the poor, the repairs of the county buildings, the
children's home, and all other purposes which are paid out of the county
treasury by order of the commissioners, the courts or the auditor, designating
at the time of making said levy the amount of each separate fund; provided,
that not exceeding three mills on the dollar of the valuation of taxable prop-
erty within said county shall be levied in any one year; provided further, that
no levy specially authorized by the general assembly shall be included within
the limit herein fixed. [88 v. 318.]
SEC. 2824. [Levy of taxes for county road and bridge purposes;
bridge fund; Hamilton county; payment to Cincinnati; special tax to re-
store important bridge; anticipation thereof; Cleveland and cities of sec-
ond class; Marietta; Montgomery county; Dayton; Trumbull county;
Warren.] The commissioners, at their March or June sessions, annually, may
levy on each dollar of valuation of taxable property within their county, for
road and bridge purposes, as follows: In a county where the valuation of taxable
property exceeds eighty millions and does not exceed one hundred and twenty
millions dollars, five-tenths of a mill; where the amount exceeds fifty millions
and does not exceed eighty millions dollars, seven-tenths of a mill; where the
amount exceeds twenty millions and does not exceed fifty millions dollars, one
mill and one-tenth; where the amount exceeds ten millions and does not
exceed twenty millions dollars, one mill and five-tenths; where the amount
exceeds five millions and does not exceed ten millions dollars, three mills; and
where the amount is less than five millions dollars, five mills and five-tenths;
and of the tax so levied, the commissioners shall set apart such portion as they
may deem proper, to be applied to the building and repair of bridges, which
portion so set apart shall be called a bridge fund, and shall be entered on the
duplicate in a separate column, and shall be collected in money, and expended,
except as may be otherwise provided by law, under the direction of the com-
missioners in building bridges and culverts, or in repairing the same; provid-
ed, that in any county containing a city of the first grade of the first class,
where the valuation of taxable property exceeds two hundred millions of dol-
lars the commissioners of said county may levy on each dollar of valuation of
taxable property within said county, for bridge purposes exclusively, not to
exceed one-half of a mill, which shall be collected in money and placed by the
auditor to the credit of the bridge fund of the county, and the same shall be
expended by the commissioners in building bridges and culverts, and in re-
pairing and making fills and approaches to the same in the townships outside
of the corporate limits of said city, and for no other purpose whatever; except
that a portion of said fund collected in the said county, amounting to not less
than a levy of one-sixth of a mill on each dollar of valuation of taxable property
within said county, in all cases where the board of legislation of said city of
the first grade of the first class shall demand it, shall be paid into the city
1581
Tit. XIII, Ch. 5.
LEVYING TAXES.
$2824.
treasury of said city and shall be expended by the board of administration of
said city, for the purpose of building and repairing bridges within the corporate
limits of the same; provided further, that in case an important bridge belong-
ing to or maintained by any county has been or shall be destroyed or become
dangerous to public travel by decay or otherwise, and the restoration thereof is
deemed necessary for public accommodation, the commissioners may levy a
special tax for that purpose, not exceeding one mill and five-tenths the pro-
ceeds of which shall be applied solely to such restoration; and the commis-
sioners may anticipate the collection of such special tax by borrowing any sum
not exceeding the amount so specially levied or to be levied, at any rate of in-
terest not exceeding six per centum, and issue notes or bonds therefor, payable
upon the collection of such special tax; provided further, that in all cities of
the second grade of the first class, and all cities of the second class one-half the
proportion of said bridge fund collected upon the property within said cities,
in all cases where the city council shall demand it, shall be paid into the city
treasury, and shall be expended by such city for the purpose of building and
repairing bridges; and provided further, that in cities having at the last federal
census or at any subsequent federal census a population of 8,273, the whole of
the proportion of said bridge fund collected upon the property within said city
shall, upon demand of the council of said city therefor be paid into the treas-
ury of said city, and shall be expended by said city for the purpose of building
and maintaining bridges therein; provided further, that the commissioners of
Montgomery county shall levy not exceeding one mill and six-tenths for road
and bridge purposes, and that said levy shall only be on property subject to tax-
ation outside the city of Dayton, and the proceeds of such levy shall be applied
exclusively to roads and bridges outside of said city; and the council of said
city may annually levy on the taxable property within the same, for bridge
purposes, a tax of one mill and one-tenth in addition to the total aggregate of
taxation now authorized by said council, to be expended for building and re-
pairing bridges within said city; and provided further, that the commission-
ers of Trumbull county may levy not to exceed the rate allowed by law for
road and bridge purposes, and that said levy shall only be on property subject
to taxation outside the city of Warren, and the proceeds of such levy shall be
applied exclusively to road and bridge purposes outside of said city; and the
council of said city may annually levy on each dollar of valuation of taxable
property within said city for bridge purposes, one and five-tenths of a mill, in
addition to the total aggregate of taxation now or hereafter authorized by law,
to be expended for the repair and building of bridges within said city, except
that in the event that the commissioners of the county transfer from the road
and bridge fund to some other fund, the whole or some part of the six-tenths
of a mill as now allowed by law, the council of said city shall make a like
transfer to the same county fund; and the council of said city may anticipate
the whole or some part of the annual levy for said purposes for the period of
ten years or less, by borrowing a sum, not exceeding twenty thousand dollars,
at a rate of interest not exceeding six per centum, and issue bonds therefor,
payable on the collection of said tax. Said last proviso relating to the city of
Warren in said Trumbull county shall expire by limitation after twelve
from the time it becomes a law, and said city shall again become a part of the
county for bridge purposes under the general law. [91 v. 196, 128, 12; 89 v.
272; 88 v. 508; 84 v. 224; Rev. Stat. 1880; 74 v. 92, § 2; 73 v. 11, §§ 1, 2; (S.
& S. 666; S. & C. 1317).]
Damaged highway, tax for repair of, ? 4919.
Butler county, additional annual levy, 90 L. L. 37.
Cuyahoga county, additional levy for a state and county road improvement fund,
? (4670—1), et seq.
Defiance county, tax for road and bridge purpose, 80 v. 58.
Hamilton county, sinking fund in Cincinnati from her share of bridge fund, 91 v.
462, ? 4.
1582
(2824-1).
LEVYING TAXES.
Tit. XIII, Ch. 5.
Montgomery county, special tax list for sewer and street paving assessments, 91 v. 632,
Marion county, additional tax for five years for Guthrie & Inbody free turnpike, 91
▼. 850.
Marion county, additional tax for five years for Lazue & Milton free turnpike, 91 v. 851.
Miami county, special tax list for sewer and street improvements, 92 v. 696.
As to dividing bridge tax, see ? 860.
Levy by Pike county to construct a certain road, 93 v. 532.
Ross county may levy tax to construct, etc., free turnpikes, and to repair turnpikes
already constructed, 92 v. 638, repealed 93 v. 557.
Ashtabula county may levy tax to build bridge, 93 v. 566.
Columbiana county may make additional levy to repair bridges and roads, 93 v. 572.
Washington county may improve certain public roads; levy therefor, 93 v. 665.
Adams county may construct certain bridge across Brush creek, 93 v. 534.
Montgomery county may build bridge, 93 v. 641.
In Cuyahoga county additional road and bridge levy, also "state and county road im-
provement fund created," (4670—1) et seq.
Cuyahoga county may issue bridge bonds, 93 v. 692.
Levy for construction of free turnpike roads by county commissioners, see ? (4773—5).
Levy for improvement of highways in townships wherein no other system of macad-
amazing or graveling has heretofore been used, see ? (4686—30).
County commissioners of Wood coun ty may issue bonds to build bridges, 93 v. 548.
Cuyahoga county may issue bonds to build a bridge across Euclid creek, 93 v. 554.
Auglaize county may issue bridge bonds, 93 v. 494.
See note to 22 860 and 4737.
This tax must be laid upon townships made independent road districts by special statute as well as up-
on other property: Bennehoff v. Mansfield, 2 N. P. 225; 2 O. D. 404.
In all cases where city council shall demand it, in all cities of the first and second class, one-half the pro-
portion of the bridge fund collected upon property within such cities shall be paid into the city treasury, and
shall be expended by such city for the purpose of building and repairing bridgês: Perry Co. v. Railroad Co., 43
O. S. 453. See 24938.
As to bridges in municipal corporations, see note to 2860: County Commissioners v. Railway Co.,
O. S. 401.
45
rities of the second class may demand ½ of the bridge fund levied upon property within the city limits
and a transfer of the city's portion to the city treasury must be made by the county officials when the city
demands its portion: State ex rel. v. County Commissioners et al., 4 N. P. 343; 6 O. D. 225.
Section 860 must yield to 2 2824, because of its later passage: Id.
Cited in State ex rel. v. Pohling, Auditor, 1 C. C. 490.
(2824-1) SEC. 1. [Cuyahoga, loans in anticipation of additional road
tax.] In counties containing a city of the second grade of the first class, the
county commissioners may anticipate the collection of the taxes authorized to
be levied for the improvement of state and county roads under an act entitled
"An act to provide for the improvement of state and county roads in counties.
containing a city of the second grade of the first class," passed March 31, 1892
($(4670—1) et seq.), by temporary loans; but no loan shall be made in excess
of the gross amount of revenue raised by such levies for such purpose during
the then current year; and the taxes so levied, when collected, shall be applied
first in the payment of such loan. [89 v. 419.]
(2824-2) SEC. 1. [For county purposes in Hamilton county.] It shall
be the duty of the commissioners of any county of the state, containing a city
of the first grade of the first class, to annually, at their June session, levy on
each dollar of the valuation of taxable property within their county, for coun-
ty purposes other than for roads, bridges, judiciary, county buildings, sites
therefor, and the purchase of any land for infirmary purposes, one mill; and
whenever in any such county the above levy is deemed insufficient for general
county purposes, the commissioners may increase said levy by any amount not
exceeding five-tenths of a mill on the dollar valuation. [90 L. L. 266.]
(2824-3) SEC. 2. [Judiciary fund in Hamilton county.] It shall be
the duty of the commissioners of such counties aforesaid, annually, at their
June session, to make a levy not to exceed eight-tenths of a mill on each dol-
lar of valuation, on all the taxable property in such counties, for judiciary pur-
poses, the proceeds of said levy to be placed in a separate fund to be called the
judiciary fund. Said fund shall be applied to the payment of salaries of judges
and other court expenses, and all other expenses incidental to the administra-
tion of justice in said counties which have heretofore been paid out of the
1583
1
Tit. XIII, Ch. 5.
LEVYING TAXES.
§ (2824-4).
county fund, including the allowance to official stenographers and the salaries
and expenses of the county solicitor and county prosecuting attorney and
county coroner and their assistants, as provided by law; provided, however,
that the expenses of maintaining the court-house, the county jail expenses and
the expense of maintaining inmates of house of refuge, shall be paid out of the
county fund, and that judgments against the county shall be paid out of the
county fund or out of any fund that may be by law specially provided there-
for. [90 L. L. 266.]
Judiciary fund in Madison county, see 92 v. 512.
Judiciary fund in Montgomery county, see 92 v. 685, 21, amended 93 v. 584.
Judiciary fund in Ross county, see 92 v. 516.
The fees of the constable serving subpoenas for a coroner's inquest can not be charged on the judiciary
fund. He is not an assistant, and his services are not in court. State v. Hagerty, 11 C. C. 226, 230; 5 O. D. 215.
(2824-4) SEC. 3. [Sinking fund.] It shall be the duty of the commis-
sioners of such counties aforesaid, annually, at their June session, to make a
levy, not exceeding one-tenth of a mill on each dollar of valuation on all taxa-
ble property in such counties, to create a sinking fund for the payment at
maturity, of bonds issued by the said counties in pursuance of law. [90 L. L.
266.]
(2824-5) SEC. 4. [Repeals.] That so much of sections 2823 and 2824
of the Revised Statutes of Ohio, as conflicts with this act, is hereby suspended,
and declared to be wholly inoperative in the counties described in this act.
[90 L. L. 266.]
SEC. 5. That the act passed May 4, 1885 (vol. 82, p. 252, O. L.), being
"An act to regulate the levying of taxes for county, road and bridge pur-
poses, and to create a sinking fund in certain counties," be and the same is
hereby repealed. [90 L. L. 266.]
SEC. 2825. [Certain improvements required to be submitted to vote;
proviso.] The county commissioners shall not levy any tax, or appropriate
any money, for the purpose of building public county buildings, purchasing
sites therefor, or for lands for infirmary purposes, or for building any bridge,
except in case of casualty, and except as hereinafter provided, the expenses of
which will exceed ten thousand dollars, without first submitting to the voters
of the county, the question as to the policy of building any public county
building or buildings, or for the purchasing sites therefor, or for the purchase
of lands for infirmary purposes by general tax,
[When question shall be submitted.] Which said submission shall be
made at the annual spring or fall election, next after the proposition for such
levy is adopted by the commissioners and placed on their record, or at a special
election at a time fixed thereafter by resolution of the county commissioners
for that purpose, upon the petition for such special election filed with said
board of commissioners of not less than five hundred of the electors of any
such county;
[Each proposition to be submitted separately.] Each proposition shall be
separately submitted, and printed tickets shall be provided by the commission-
ers on which shall be printed, “For tax, yes,” and “For tax, no," which
blanks shall be filled with a proper designation of the proposed improvement,
as the notice may require; and said commissioners shall cause the same notice
for such vote to be given as is required in the election for state and county
officers.
[Duty of judges of election.] It shall be the duty of the judges of election
in the several townships and wards in any county in which such question
may be submitted, as aforesaid, on the day of said election, to open a poll for
taking said vote, and to receive and count the ballots cast on each of such
propositions, and within three days thereafter to return to the auditor of the
1584
§ 2826.
LEVYING TAXES.
Tit. XIII, Ch. 5.
county a full and correct abstract of said votes; and the said judges of election
shall, in all respects, be governed by the laws regulating general elections, and
shall be entitled to the same compensation for returning said poll-books, which
shall be paid out of the county treasury on the order of the auditor;
[Canvass of vote.] And the poll-books so returned shall, within five days
from the time of holding such election, be opened, and the votes counted by
the commissioners and the auditor of the county, a correct statement of the
result of which votes shall be kept by said auditor on file in his office for pub-
lic inspection.
[Question may be submitted again on petition.] If a majority of the
votes so cast shall be against the policy of such improvements, the commission-
ers shall not assess any tax for that purpose, but the commissioners may, on
the petition of not less than one hundred taxpayers of said county again sub-
mit the same question at any regular annual spring or fall election, under the
same rules and regulations as before provided.
[Majority vote necessary to authorize levy.] If at any such election a
majority shall be found in favor of the improvements as aforesaid, then the
commissioners shall be authorized to proceed to levy the tax;
[Improvements in course of construction.] Provided, that this section
shall not apply to the construction of any public buildings or bridges com-
menced or contracted for prior to the passage of this title, or for which the
commissioners have in good faith purchased the grounds, or acquired the ma-
terials for the same, and are now proceeding to construct.
[Restoration of condemned bridge; commissioners may anticipate col-
lection of taxes; issue of bonds.] And provided further, that in case an
important bridge belonging to or maintained by any county, has become or
may hereafter become dangerous to public travel by decay or otherwise and
shall have been condemned for public travel by the proper and legal authori-
ties, and the restoration thereof is deemed by the commissioners of such county
to be necessary for the public accommodation, the commissioners of any such
county are hereby authorized to levy a tax for the purpose of raising money
for the restoration of such bridge of any amount not to exceed in any one year
two-tenths of one mill for every dollar of taxable property upon the tax dupli-
cate of said county, and if the said commissioners deem it necessary or ad-
visable in any case, they may anticipate the collection of such special tax by
borrowing any sum not exceeding the amount so levied at any rate of interest
not exceeding six per cent. per annum, payable semi-annually, and may issue
notes or bonds therefor, payable when said tax shall be collected. [93 v. 99;
74 v. 92, § 3.]
See ? 871 as to where inapplicable.
But a special law in such case was held void in: State v. Davis, 55 O. S. 1, 17.
The building of a new bridge, where one becomes dangerous by decay, can not be regarded as the repair-
ing of a bridge; and where the expense exceeds ten thousand dollars, the question as to the policy of build-
ing the bridge must be submitted to vote: Commissioners v. Croweg, 24 O. S. 492.
Astar
Where there is a special enactment authorizing the improvement, the general statute is inapplicable:
State ex rel. v. Commissioners, 3 C. C. 403.
SEC. 2826. [Additional poor tax authorized.] [Repealed, 93 v. 276; 74
v. 92, § 4.]
Additional levy of not exceeding 6-10 mill authorized in counties not having sufficient
funds for support of poor, see ? 964a.
1585
Tit. XIII, Ch. 5.
LEVYING TAXES.
TOWNSHIP TAXES.
§ 2827.
Trustees of various townships in Champaign county may borrow money to repair
roads, 93 v. 673.
SEC. 2827. [When and how made.] The trustees of each township
shall, on or before the fifteenth day of May, annually, determine the amount-
of taxes necessary for all township purposes, and certify the same to the county
auditor; and there shall be levied annually, by the county auditor, for town-
ship purposes, including the relief of the poor, but not including the support
of common schools, or the payment of the interest and principal of the debts
of the township, such rates of taxes as the trustees of the respective townships
may certify to the county auditors to be necessary, not exceeding one mill on
each dollar of the taxable valuation of the property of the township, which
does not exceed two hundred thousand dollars, and eight-tenths of one mill on
each dollar of such taxable valuation exceeding two hundred thousand dollars,
and not exceeding three hundred thousand dollars; and one-half of one mill
on each dollar of such taxable valuation exceeding three hundred thousand
dollars, and not exceeding five hundred thousand dollars; and four-tenths of a
mill on each dollar of such taxable valuation exceeding five hundred thousand
dollars, and not exceeding eight hundred thousand dollars; and one-fourth of
one mill on each dollar of such taxable valuation exceeding eight hundred
thousand dollars; and for the payment of the interest and principal of the
debts of the township, such sum as the trustees may determine is neces-
sary for that purpose: provided, that in counties where there are no county
infirmaries, a further township tax, not exceeding one mill and five-tenths of
a mill on each dollar of the taxable property of the township, may be levied
for the relief of the poor, to be applied solely to that purpose. [56 v. 175, §52;
74 v. 92, §5; 76 v. 21, §1; (S. & C. 1458).]
For "
an act to provide for the appointment of a tax commission in Portsmouth and
Scioto county" (82 v. 224), see ? (2688—1) et seq.
For "
an act to create township supervisors in certain counties and to require the let-
ting of certain portions of road work by contract" (86 v. 324), see ? (4757-1) et seq.
Wayne township, Champaign county, may make levy for erecting township house, see
93 v. 483.
Board of education of Roundhead township may issue school bonds; levy; question
submitted to electors, 93 v. 467.
Authorizing trustees of certain townships to levy taxes to improve public highways,
93 v. 594.
Township trustees of certain townships in Van Wert county may improve roads;
taxes therefor; question submitted to electors, 93 v. 578.
Jackson township, Vinton county, may make additional levy for school purposes, 93
v. 546.
Union township, Ross county, may make levy for cemetery purposes, 93 v. 470.
Dover township, Cuyahoga county, may make additional levy for support of public
library, 93 v. 430.
Trustees of any township in Paulding county may improve highways; levy therefor,
92 v. 638, repealed 93 v. 537.
Weston township, Wood county, may erect public vault in cemetery; question sub-
mitted to electors; levy therefor, 93 v. 591.
Grand Rapids township, in connection with village of Grand Rapids, may make town
hall levy, see 93 v. 472.
The amount due from a R. R. Co. in each township is a separate sum, and may be paid without paying
the tax in any other township or assessment district where assessment was claimed to be illegal: Ward,
Treas. v. Ry. Co., 3 N. P. 274; 4˚0. D. 154.
In not paying taxes not excessive when due penalty attaches: Id.
The true construction of this section is to allow a tax rate calculated by one mill on the first $200,000,
plus eight-tenths on the next $100,000, plus half a mill on the next $200,000, etc., and not that townships of
200,000 or less can be taxed one mill, and those of 200,000 to 300.000 eight-tenths, etc. The amounts under
23 1465, 1482, 4745, 4940 are in addition to the above. Ward v. Wheeling & L. E. Ry., 3 N. P. 274; 4 O. D. 154.
(2827-1) [Authorizing trustees of certain townships to levy a road
tax.] The trustees of townships having a population, at the last federal census,
of not more than 2,116, nor less than 2,112, be and are hereby authorized and
101
1586
§§ 2828-2829.
LEVYING TAXES.
Tit. XIII, Ch. 5.
empowered, in addition to the two days' labor, to determine a per centum, to
be levied for road purposes, upon each dollar of valuation of the taxable prop-
erty of their respective townships, exclusive of any incorporated village, as
follows: In townships having a valuation of taxable property of one million
dollars and over, not exceeding two mills on each dollar; in townships having
a valuation of less than one million, and more than five hundred thousand dol-
lars, any rate not exceeding three mills on each dollar; and in townships hav-
ing less than five hundred thousand dollars valuation, any rate not exceeding
four mills on each dollar; and said trustees shall certify the same to the county
auditor, in writing, on or before the 15th of May of each year; and the county
auditor shall assess the same on all the taxable property in said township,
exclusive of any incorporated village, and the same shall be collected, one-half
in the December installment, and one-half in the June installment, by the
county treasurer, and paid over by him to the treasurer of the township from
which said taxes were collected, the same to be expended for the improvement
of roads in the township where collected; but nothing in this act shall prevent
the working out of all or a part of this tax, by any person so assessed, who
desires so to do. The amount of work so performed shall be certified to by the
road supervisor, and such receipt shall be received by the county treasurer in
part payment of the December tax. [86 v. 68.]
SEC. 2828. [Township liabilities for the relief of the poor.] The
trustees of any township which has incurred, or may hereafter incur, liabilities
for the relief of the poor, beyond the amount raised by the levy now authorized,
shall have power to make an additional levy, for the purpose of discharging
such liabilities, not exceeding six-tenths of one mill on the dollar of the tax-
able property of such township. [74 v. 92, § 6.]
SEC. 2829. [Levy of township road tax in Hamilton county; labor in
discharge of part tax; collection and expenditure of township road fund;
municipalities; levy of additional township road tax in counties outside of
Hamilton; power of village councils to make such levy for themselves;
certificate to auditor; collection.] In any county containing a city of the
first class of the first grade the trustees of the several townships in said county
outside of said city shall be authorized to levy annually such road tax as they
may deem necessary to keep in repair and improve the public roads and high-
ways in their respective townships, not to exceed three mills on the dollar in
any one year; two mills of said tax may be discharged in labor as hereinafter
provided, the balance (if any) is to be placed on the duplicate of the county by
the county auditor, and the same shall be collected as other moneys are col
lected in the December installment by the county treasurer and paid over by
him to the treasurer of the township from which said taxes were collected; and
said fund shall be expended by the township trustees for labor and material
necessary in improving and repairing the public roads of the township; pro-
vided, that when a township shall include one or more incorporated towns or
villages, the rate of tax levied by said township trustees shall not apply or be
assessed or collected from the property included within the limits of such
incorporated town or village; but the council of such town or village may exer-
cise the right conferred on the trustees of townships to make such levy if they
deem the same necessary. If the trustees of any township other than those in
counties containing a city of the first grade of the first class, shall deem an
additional road tax necessary, they shall determine the per centum to be levied
on the taxable property of their townships, not exceeding two mills on the dol-
lar, except in counties where the taxable property is less than ten millions, in
which counties the trustees of the different townships thereof may, at their
discretion, levy an additional road tax not to exceed three mills on the dollar
valuation of the taxable property of their townships, which may be discharged
in labor as hereinafter provided; and in addition thereto, not exceeding one
1587
Tit. XIII, Ch. 5.
LEVYING TAXES.
$2830.
mill on the dollar for the same purpose, to be collected in money; but where a
township shall include an incorporated village, the rate of tax so fixed by said
township trustees shall not apply or be assessed or collected from the property
included within the incorporated limits of such village; but the council of any
such village shall exercise the right conferred by this title on the trustees of
townships to make such additional levy for road purposes on the taxable prop
erty within the corporate limits of any such village as the trustees may, by
this title, make for road purposes, in their respective townships; and said
trustees and council shall certify the same to the county auditor in writing, on
or before the fifteenth day of May each year; and the auditor of the county
shall assess the same on all taxable property in said township, town or village,
and the same shall be collected in the December installment. [89 v. 371; 85 v.
145; 84 v. 224, 226; Rev. Stat. 1880; 74 v. 92, § 7.]
For law providing increased road tax in several townships in Hamilton county, 77
v. 38.
SEC. 2830. [Labor on public highways; county treasurer shall receive
certificates as money for road tax; money or labor; when paid in labor;
when labor to be performed; expenditure of road fund; time for payment
of road tax extended in certain counties.] Any person charged with a road
tax may discharge the same by labor on the public highways, within the
proper time at the rate of one dollar and fifty cents per day and a ratable
allowance per day for any team and implements furnished by any person
under the direction of the supervisor of the proper district, who shall give to
such person a certificate specifying the amount of tax so paid and the district
and township wherein such labor was performed which certificate shall in no
case be given for any greater sum than the tax charged against such person;
and the county treasurer shall receive all such certificates as money in the dis-
charge of said road tax; provided, that when the commissioners of any county
so direct the supervisor shall write on the margin of his lists, opposite to the
amount charged against all such as may pay the same by money or labor the
word "Paid," and shall return his list, on or before the fifth day of September
in the year in which levied to the township clerk, who shall write on the mar-
gin of the list sent him by the auditor, opposite to the amount charged against
each person who may have paid the same in labor or money as shown by the
return of the supervisor, the word "Paid" and shall forthwith forward the
same to the county auditor who shall charge all such as may remain unpaid
as shown by the township clerk upon the duplicate of the proper county,
and the same shall be collected as other moneys are collected in the
December installment by the county treasurer. When such road tax is paid
in labor such labor shall be performed before the first day of September in
the year in which levied. All road taxes collected by the county treasurer
shall be paid over to the treasurer of the township or municipal corporation
from which the same were collected, and shall be expended on the public roads,
and in building and repairing bridges in the township and municipal corpo-
ration from which the taxes were collected, under the direction of the trustees
of the proper township or council of such municipal corporation; and all
funds heretofore levied for road purposes and not expended, shall be expended
by the trustees of the township or council of the municipal corporation from
which the same were collected, as other taxes collected under the provisions of
this title: provided that in all counties containing either graveled roads or
free turnpikes, or both, except Shelby and Allen counties the time for the pay-
ment of the road tax in labor on such roads may extend to the fifteenth
of October of the year in which the same is levied, but on all other roads in
such counties the labor shall be performed before the fifteenth of September;
and the supervisors in such counties shall return their lists as provided for in
1588
S$ 2831-2834.
LEVYING TAXES.
Tit. XIII, Ch. 5.
this section, before the twenty-fifth of October of the year in which the tax was
levied. [1880, April 12: 77 v. 184; Rev. Stat. 1880; 74 v. 92, §8; (S. & S.
670).]
Abatement from above to whoever keeps a watering trough beside highway, ? (4929-1);
township road tax see ? 4737.
For law providing increased road tax in several townships in Hamilton county, 77 v. 38.
See note to 2 4737.
MISCELLANEOUS.
SEC. 2831. [Levy to pay bonds of county, city, or township, given
for railroad subscription.] The competent authorities of any county, city, or
township, that shall have subscribed to the capital stock of any railroad com-
pany, and shall have issued its bonds or other securities for the payment of
such subscription, may, at any time within five years next before the principal
of such bonds, or other securities, shall be payable, if the market price of the
stock of such railroad company be less than seventy-five per cent. on its par
value, levy, or cause to be levied, annually, on the taxable property of such
county, city, or township, such tax not exceeding one mill on the dollar, as
will be sufficient to balance the discount on the railroad stock held by such
county, city, or township, by the time such bonds may become due; and the
proceeds of all such taxes shall form, with such stock, a sinking fund, and shall
be invested in the purchase of the bonds issued by such county, city, or town-
ship, or in other safe and productive securities, and shall be applied to the
payment of the bonds so issued, and to no other use or purpose whatever.
[56 v. 175, § 80; S. & C. 1466.]
SEC. 2832. [Assessing transient traders.] Whenever a return is made
to the county auditor, under section twenty-seven hundred and forty-one, of the
value of the stock of a transient trader, the auditor shall assess against him his
proper proportion for one month, upon such valuation, of all taxes of the cur-
rent year; and certify the same to the county treasurer; and on the first day
of each succeeding month, so long as such trader remains within the county
offering to sell or otherwise dispose of goods of any kind, the auditor shall
make a like assessment and certificate. [58 v. 134, §§ 2, 3; S. & S. 760.]
SEC. 2833. [Tax on dogs.] In the tax list duplicate there shall be col-
umns for the number of and per capita tax on dogs, and in addition to the
proper tax on any valuation that may be fixed upon dogs by the owners, which
shall be included with the personal property valuation, and taxed therewith,
the auditor shall levy one dollar on each male, and spayed female dog, and two
dollars on each unspayed female dog, which per capita tax shall constitute a
special fund to be disposed of as provided by law; provided, that in cities of the
second grade of the first class, the per capita tax provided for by this section
shall be collected by the city clerk, and the city council of such cities shall pro-
vide by ordinance for enforcing the payment of the taxes on all dogs in such
cities and disposing of the money derived therefrom. [87 v. 160; 74 v. 177,
§§ 1, 3; 76 v. 85, § 14.]
See ?? 2754 and 4215.
A per capita tax on dogs is not inhibited by the constitution. Holst v. Roe, 39 O. S. 343.
SEC. 2834. [Surplus of special tax or loan may be transferred to gen-
eral fund.] Whenever there is in the treasury of any city, village, hamlet,
county, township or school district, any surplus of the proceeds of a special
tax, or of the proceeds of a loan for a special purpose, which surplus is not
needed for the purpose for which the tax was levied, or the loan made, such
surplus may be transferred to the general fund by an order of the proper
authorities entered on their minutes; and whenever there is in the treasury of
1589
Tit. XIII, Ch. 5.
LEVYING TAXES.
S$ 2834a-28346.
any such civil division, at the annual meeting or meetings otherwise provided
by law at which the annual tax levy is to be considered and adopted any sur-
plus not exceeding one thousand dollars in any one established fund or division
of the funds, which surplus is not needed for the purpose for which the fund
was created, or the money appropriated, or the tax levied, before such annual
tax levy is made, such surplus may be considered as unappropriated and may
be reappropriated, and transferred, by an order as aforesaid, to some other ex-
isting fund for which a tax is to be or would otherwise be levied, and the sum
which it would be necessary to raise by taxation for any purpose, if no such
reapportionment was made, shall thereupon be reduced to the extent of the
transfer thus made; provided, however, that this act shall in no wise be con-
sidered as authority to make such reapportionments or any transfer of funds at
any other time than the meeting aforesaid to determine the tax levy nor to
authorize transfers at any one such meeting of over three thousand dollars in
the aggregate, nor that the amount which may be lawfully raised by taxation
for any purpose may be increased by such transfer. [92 v. 77; 75 v. 132, § 1.]
For the construction of this section with reference to money raised for constructing ditches (24479):
Zimmerman v. Canfield, 42 O. S. 469.
SEC. 2834a. [Power to borrow, to extend time or change debt.]
The trustees of any township, the board of education of any school district,
except in cities of the first class, and the commissioners of any county, for the
purpose of extending the time of payment of any indebtedness which, from
its limits of taxation, such township, school district, board of education or
commissioners, for the best interest of said township, school district or county,
shall have power to issue bonds of such township, school district or county, or
borrow money, so as to change but not to increase the indebtedness, for such
length of time, in such amounts, and at such a rate of interest as the said
trustees, board of education or commissioners may deem proper, not to exceed
six per cent. per annum, payable annually or semi-annually;
[Resolution as to such debt.] Provided, however, that no indebtedness of
any township, school district or county shall be funded, refunded or extended
unless such indebtedness shall first be determined to be an existing, valid and
binding obligation of any such township, school district or county by a formal
resolution of the trustees, board of education or commissioners of any such
township, school or county, which resolution shall so state the amount of the
existing indebtedness to be funded, refunded or extended, the aggregate amount
of bonds to be issued therefor, their number and denomination, the date of
their maturity, the rate of interest they shall bear, and the place of payment
of principal and interest.
[Levy to meet payment of bonds.] And for the payment of the bonds
issued under this section, the township trustees, the board of education or com-
missioners shall levy a tax in addition to the amount otherwise authorized,
every year during the period the bonds have to run, sufficient in amount each
year to pay the bonds falling due within the year and the accruing interest.
[93 v. 233; 92 v. 33; 92 v. 6.]
SEC. 2834b. [Restrictions; no contract, etc., unless money is in treas-
ury and set apart; non-applicability of section to employment of teachers,
officers and other school employes.] The commissioners of any county, the
trustees of any township and the board of education of any school district,
except in cities of the first class, of first, second and third grade, shall enter
into no contract, agreement, or obligation involving the expenditure of money,
nor shall any resolution or order for the appropriation or expenditure of money
be passed by any board of county commissioners, township trustees or board
of education, except in cities of the first class, of first, second and third grade,
unless the auditor or the clerk thereof shall first certify that the money re-
quired for the payment of such obligation or appropriation is in the treasury
1590
§§ 2834c-2835.
LEVYING TAXES.
Tit. XIII, Ch. 5.
to the credit of the fund from which it is to be drawn, or has been levied and
placed on the duplicate, and in process of collection and not appropriated for
any other purpose; which certificate shall be filed and immediately recorded,
and the sums so certified shall not thereafter be considered unappropriated
until the county, township or board of education, except in cities of the first
class, of first, second or third grade, is fully discharged from the contract,
agreement or obligation, or so long as the order or resolution is in force, and
all contracts, agreements or obligations, and all orders or resolutions entered
into or passed contrary to the provisions of this section, shall be void. Pro-
vided, that none of the provisions of this section shall apply to the contracts
authorized to be made by other provisions of law for the employment of teach-
ers, officers, and other school employes of boards of education. [93 v. 218; 92
v. 341.]
SEC. 2834c. [Reimbursement of holders of bonds issued under uncon-
stitutional acts.] Whenever the commissioners of any county, acting in ac-
cordance with an act of the legislature, have incurred obligations or have is-
sued and sold bonds, and with the proceeds of such obligations or bonds have
constructed an improvement or purchased land, and have wholly or partially
completed a building thereon, and, after such proceeds have been so expended
and the county thereby placed in the ownership and possession of such im-
provement or building, the statute under which such bonds were issued or
obligations incurred has been, by the supreme court, declared unconstitutional
and the county authorities enjoined from levying taxes to pay the interest and
principal of such bonds or obligations, whereby the county has, with the pro-
ceeds of the bonds which it still retains, acquired such improvement or build-
ing, and, by reason of the unconstitutionality of the law under which it has
acted, can not pay its obligations outstanding in the form in which they were
issued, such commissioners may, if they deem it for the best interest of the
county so to do, fulfill the equitable and moral obligation of the county to re-
imburse the holders of said bonds or obligations to an amount equal to the
principal and interest which has accrued thereon, and for the purpose of so
doing, may issue and sell bonds of such county or borrow money in such
amounts and for such lengths of time and at such rate of interest as the com-
missioners may deem proper, not exceeding the rate of 5 per cent. per annum,
payable semi-annually, to be used in the reimbursement and payment of such
equitable and moral claims and liabilities against such county;
[Proviso.] Provided, that no such payment or reimbursement of any such
moral or equitable claim shall be made of any claim that has remained due or
unpaid for a longer period than ten years;
[Claims recoverable by action.] Provided, further, that should the county
commissioners of any county, upon the written request of the holder of any
such equitable claim against the county as in this section described, fail within
six months after such demand to make provision for such claim under the
provisions of this section, then, in such case, the holder of any such legal or
equitable claim as is in this section described against such county shall have
a right of action in any court of competent jurisdiction to recover the amount
of such claim and interest against such county at any time within a period of
ten years from the time the cause of action accrues;
[Use of county building.] Provided, further, that the county commission-
ers may devote the building or improvement which the county has acquired in
the circumstances mentioned in this act to any county purpose. [93 v. 172.]
SEC. 2835. [Townships and municipalities may issue and sell their
bonds for purposes that are specified; interest and sale.] The trustees of
any township or hamlet or the council of any municipal corporation may
issue and sell their bonds, in amount and denominations such as they may
deem necessary for the special purpose in view, whenever it is desired by the
1591
Tit. XIII, Ch. 5.
LEVYING TAXES.
§ 2836.
voters of such township or municipal corporation to make any of the follow-
ing improvements or to provide for any of the following public purposes:
1. For procuring the real estate and right of way for any improvement
anthorized by this section.
2. For extending, enlarging, improving, repairing or securing a more com-
plete enjoyment of any building or improvement authorized by this section,
and for equipping, furnishing, maintaining, administering and operating the
same.
3. For sanitary and street cleaning purposes, and for erecting a crematory
or providing other means for disposing of garbage and refuse matter.
4. For improving highways leading into the township or corporation, or
for building or improving a turnpike, or for purchasing one or more turn-
pike roads and making the same free.
5. For constructing wharves and landings on navigable waters.
6. For constructing levees and embankments, and for improving any
watercourse passing through the township or corporation.
7. For constructing bridges and culverts.
8. For erecting infirmaries and providing for the support of the dependent
poor.
9.
For erecting workhouses, prisons and police stations.
10. For erecting houses of refuge and correction.
11. For erecting market houses and providing market-places.
12. For erecting hospitals and pest-houses.
13. For erecting halls and public offices.
14. For maintaining a fire-department, erecting buildings therefor, pur-
chosing fire-engines, fire-boats and apparatus, and constructing reservoirs.
15. For erecting or purchasing water-works and supplying water to the
township or corporation and the inhabitants thereof.
. 16. For erecting or purchasing gas-works and electric light works, and for
supplying light to the township or corporation and the inhabitants thereof.
17. For providing grounds for cemeteries and for park purposes, for inclos-
ing and embellishing the same, and for erecting vaults.
18. For constructing sewers, drains and ditches.
19. For maintaining a free public library and reading-room.
20. For constructing, erecting or providing any public work, building or
improvements not herein before mentioned, and for which a tax may constitu-
tionally be levied.
Nothing herein contained shall be construed as limiting or restricting any
power to issue bonds for any of the purposes named in this section otherwise
conferred by law; but no bonds issued for any of the above named purposes
and in accordance with the provisions of this section, shall bear a higher rate
of interest than six per centum per annum, payable semi-annually, or be sold
for less than their par value. [90 v. 229; 76 v. 158, § 1.]
The erection of gas-works is a local improvement within the meaning of this section: Hensly v. Hamil-
ton, 3 C. C. 201.
In cases in which, under the Municipal Code, council can not, of its own motion, issue and sell bonds, this
section and the two following are exclusive, unless 2687 confers the same power, which is doubted, but not
decided: Dunham ex rel v. Opes, 3 C. C. 274.
SEC. 2836. [Tax shall be levied to pay bonds and interest.] For the
payment of bonds issued under the preceding section, the township trustees
or municipal council shall levy a tax in addition to the amount otherwise
authorized, every year during the period the bonds have to run, sufficient in
amount each year to pay the bonds falling due within that year, and the ac-
cruing interest.
[Surplus water-works fund in Columbus applied on interest on storage
dam bonds, and for creation of sinking fund.] Provided, however, that in
cities of the first grade of the second class any surplus of the water-works fund
:
1592
1
§ 2837.
LEVYING TAXES.
Tit. XIII, Ch. 5.
of such cities after paying the expense of conducting, managing, repairing and
extending the water-works of such cities, shall first be applied to the payment
of the interest accruing on any bonds issued or which may hereafter be issued
for the construction of dams for storing water for the purpose of supplying
water to any such cities and the inhabitants thereof, and for the creation of a
sinking fund for the payment of the principal of such bonds, before applying
the proceeds of any tax levy made in pursuance of this provision, and that the
councils of any such cities be authorized to levy a tax for the exclusive pur-
pose of paying the excess of such bonds and interest, and creating such sink-
ing fund after the application of such surplus as herein provided. [93 v. 360;
76 v. 158, § 2.]
78, 83.
See case of Dunham ex rel. v. Opes, 3 C. C. 274, in note to 22 2835 and 2686.
Trustees of a hamlet are included in the word council: Annexation to Newburgh, 8 O. D. 84; 15 C. C.
SEC. 2837. [Question to be submitted to the voters.] Before any bonds
are issued or tax levied, as provided in the next two preceding sections, the
question of issuing the bonds shall be submitted to the voters of the township
or municipal corporation at a general or special election. And whenever the
trustees of any township or hamlet or the council of any municipal corpo-
ration shall by resolution declare it necessary to issue and sell the bonds of
such township, hamlet or municipal corporation, as the case may be, for any
or either of the purposes mentioned in section 2835 of the Revised Statutes in
any amount specified in such resolution and shall by such resolution fix a date
upon which the question of issuing and selling such bonds shall be submitted
to the electors of such township, hamlet or municipality, and shall cause a
copy of such resolution to be certified to the deputy state supervisors of the
county in which such township, hamlet or municipal corporation is situated,
or board of election in such cities as have such boards, [and] such deputy state
supervisors, or such boards of election, shall within ten days thereafter proceed
to prepare the ballots and make all other necessary arrangements for the sub-
mission of such question to the electors of any such township, hamlet or munic-
ipal corporation at the time fixed in said resolution. Such election shall be
held at the regular place or places of voting in such township, hamlet or mu-
nicipality and shall be conducted, canvassed and certified in the same manner
except as otherwise provided by law as April elections in such township, ham-
let or municipal corperation for the election of officers thereof; provided, how-
ever, that when a special election for such purposes is held in a municipal cor-
poration divided into wards there shall be but one voting place in each ward
which shall be designated by the deputy state supervisors of election or in
cities having a board of elections by such board, and the notice hereinafter
provided for shall designate the voting place in each ward. In all cities in
which registration is required certificates of removal shall not be necessary ex-
cept when transfers are required from one ward to another, and the board of
elections of all such cities shall issue all such removal certificates. Fifteen
days' notice of the submission shall be given in one or more newspapers print-
ed therein once a week for two consecutive weeks, stating the amount of bonds
to be issued, the purpose for which they are to be issued, and the time and
place of holding the election; and if no newspaper is printed therein the no-
tice shall be posted in a conspicuous place and published once a week for two
consecutive weeks in some newspaper of general circulation in the township or
municipal corporation; and if two-thirds of the voters voting at such election
upon the question of issuing the bonds, vote in favor thereof, then and not
otherwise the bonds shall be issued and the tax levied. Those who vote in
favor of the proposition shall have written or printed on their ballots “For the
issue of bonds;" and those who vote against the same shall have written or
1593
Tit. XIII, Ch. 6.
COLLECTION OF TAXES.
§§ 2837a-2838.
printed on their ballots the words, "Against the issue of bonds." [91 v. 106,
98; 90 v. 226; 76 v. 158, §3.]
Cited and discussed in Findlay Gaslight Co. v. Village of Findlay, 2 C. C. 245.
See note to Hensly v. Hamilton, 3 C. C. 201, under ? 2835.
See case of Dunham ex rel. v. Opes, 3 C. C. 274, in note to 32 2835 and 2686.
A resolution to increase a waterworks system and construct an electric plant in connection therewith,
and the submission of the same to popular vote, is not void as containing two subjects. Ryan v. Orbison, 7
C. C. 30.
But both purposes can not be combined; a resolution to erect or purchase is void and all steps under it
are void: Gas and Water Co. v. Elyria, 57 O. S. 374.
SEC. 2837a. [Sale of municipal bonds in instalments.] Whenever two-
thirds of the voters of any municipal corporation vote in favor of the issue of
bonds as provided in the preceding section, the council of such municipal cor-
poration may provide by ordinance for the sale of such bonds, in not more than
four different series, at not more than four different times, as the money may
be needed for use, after advertising each sale according to section 2709 of the
Revised Statutes of Ohio. [91 v. 340.]
The discretion to determine the number of sales can not be delegated by council to the mayor or to any
person: Gas and Water Co. r. Elyria, 57 O. S. 374.
CHAPTER 6.
COLLECTION OF TAXES.
SECTION
SECTION
2838. When lien for taxes attaches: and what prop-
erty liable to be seized and sold.
2853.
Lien, etc., for taxes paid by person having a
lien.
2839. Lien on bank shares.
2854.
2840. Bank may pay taxes and deduct amount from
dividends.
Rights of part owner who pays taxes, on his
own part, or all of a tract.
2855.
2841.
Collection of tax of transient trader.
2856.
2842.
Agent of express or telegraph company to pay
And duplicate of delinquent personal tax.
County treasurer to collect taxes and penalty on
duplicate; his percentage therefor.
taxes.
2857.
[Repealed.]
2843. Unlawful to act as agent of or perform services for
certain companies when taxes due and unpaid
for twenty days; penalty.
2858.
Annual reading of list of delinquent personal
tax collectors.
2859.
2844. Penalty for non-payment of tax on lands.
2845. Owner of life estate, etc., to pay tax.
2846. All persons holding lands shall list lands when
the same become liable for taxation.
2860.
""
Civil action authorized for delinquent tax.
Meaning of "personal tax," and tax on "per-
sonal property,
2861.
Taxes to be used only for purpose for which
levied; dog tax.
2817. Paying on lands; agents and attorneys; pay-
ment by other than owner.
2862.
2848.
Guardians liable to wards for neglect.
2849. And executors.
2850. And agents and attorneys.
2851. Their lien for money advanced.
2852. Liability and forfeiture of tenants by curtesy
or in dower for neglect.
County officer shall be allowed counsel; fees to be
paid out of county treasury; county solicitor to
´attend to all such suits.
2863. Abstract of duplicate, etc., to be transmitted to
auditor of state; abstract of personal property.
For the collection of liquor tax, see ? (4364—9) et seq.; cigarette tax ? (4364—31) et seq.
SEC. 2838. [When lien of state for taxes attaches.] The lien of the
state for taxes levied for all purposes, in each year, shall attach to all real property
subject to such taxes, on the day preceding the second Monday of April, annually,
and shall continue until such taxes, with any penalty which shall accrue thereon,
shall be paid; all personal property subject to taxation shall be liable to be
seized and sold for taxes; and the personal property of any deceased person
shall be liable, in the hands of any executor or administrator, for any tax due
on the same by any testator or intestate. [59 v. 14, § 22 (53); S. & S. 762; (S.
& C. 1459).]
Taxes and penalty on additions disclosed by inventory of estate have priority over
debts, see ? 6044.
1594
}
§§ 2839-2843.
COLLECTION OF TAXES.
Tit. XIII, Ch. 6.
Taxes due upon lands are a personal debt of the owner, as well as a lien upon the lands: Creps v. Paird,
8 O. S. 277.
Assessments under the two-mile road act constitute a lien in favor of the state upon the lands assessed :
Chapman v. Sollars, 38 O. S. 381.
Cited Schott v. Wasteney, 13 C. C. 340; 7 O. D. 222; aff'd 58 O. S. 410.
SEC. 2839. [Lien on bank shares; unlawful to transfer stock until de-
linquent taxes are paid.] Any taxes assessed on any shares of stock or the
value thereof, of any bank or banking association, shall be and remain a lien on
such shares from the first Monday of May in each year until such taxes are
paid; and in case of the non-payment of such taxes at the time required by
law by any shareholder, and after notice received of the county treasurer of the
non-payment of such taxes, it shall be unlawful for the cashier or other officer
of such bank or banking association to transfer or permit to be transferred the
whole or any portion of said stock, until the delinquent taxes thereon, together
with costs and penalties, shall be paid in full; and no dividend shall be paid on
any stock so delinquent, so long as such taxes, penalties, and costs, or any part
thereof, remain due and unpaid. [64 v. 204. § 6; S. & S. 763.]
SEC. 2840. [Bank may pay taxes and deduct amount from dividends.]
It shall be lawful for any such bank or banking association to pay to the treas-
urer of the county in which such bank or banking association may be located,
the taxes that may be assessed upon its shares, as aforesaid, in the hands of its
shareholders, respectively, and deduct the same from any dividends that may
be due or may thereafter become due on any such shares, or deduct the same
from any funds in its possession belonging to any shareholder, as aforesaid.
[64 v. 204, §7; S. & S. 764.]
SEC. 2841. [Collection of tax of transient trader.] Whenever and as
often as the county auditor certifies to the county treasurer the amount of tax
assessed upon return made by or for any transient trader, under section twenty-
seven hundred and forty-one, the treasurer shall forthwith enter the same upon
the duplicate and notify such trader of the amount assessed; and in case of the
neglect or refusal of such trader to pay the said amount within twenty-four
hours after receiving such notice, the treasurer shall proceed to collect the same.
by any process or proceeding authorized in any case of delinquent personal
property tax. [58 v. 134, §§ 2, 3; S. & S. 760.]
SEC. 2842. [Agent of express or telegraph company to pay taxes of
the company; one may pay for all the offices of the county.] The agent of
every express or telegraph company shall retain in his hands for such company,
and pay to the county treasurer, the amount of all taxes assessed against such
company, and in case of the default of payment, the treasurer shall proceed to
collect the same as in other cases of delinquent personal property tax: provided,
that where there is more than one such agent of the same company in one
county, the agent thereof in the principal city, town, or village of such county,
may assume the payment of such tax, and upon so doing, the other agents in
the same county shall not be required to retain funds to pay the same. [59 v.
91, § 6; S. & S. 770.]
See Western Union Telegraph Co. v. Mayer, 28 O. S. 521.
SEC. 2843. [Unlawful to act as agent of or perform services for cer-
tain companies when taxes due and unpaid for twenty days; penalties.]
If the taxes assessed against any express company, telegraph company, tele-
phone company, or insurance company, in any county in this State, shall
remain due and unpaid to the treasurer of such county, for the period of twenty
days after the time provided by law for the payment thereof, it shall be unlawful
for any person or persons, or corporation, to act as agents, or do or transact any
business for such company so in default to such county, until said tax, and
interest, and penalty is fully paid; any person, or agent, manager or clerk of
any corporation, who shall, after such default, directly or indirectly act as agent
1595
Tit. XIII, Ch. 6.
COLLECTION OF TAXES.
SS 2844-2846.
of, or do or transact any business whatever on account of or for the benefit of
such company so in default, other than the payment of said tax, shall be held
to be guilty of a misdemeanor, and on conviction thereof, shall be fined in any
sum not less than one hundred nor more than five hundred dollars, or punished
by imprisonment in the county jail, and fed on bread and water only, not
exceeding thirty days, or both, at the discretion of the court; after such default,
'made as aforesaid, any railroad company which shall, directly or indirectly,
convey or carry for said defaulting express, telegraph, telephone company or
insurance company, any package of money, merchandise, or other articles, or
transmit any telegraphic message, after having notice of such default, shall, for
every such offense, forfeit and pay a sum equal to the amount of such tax due
and unpaid, with the interest and penalty thereon, to be recovered by an action
in the name of the state, in the county where such tax is assessed, with costs
of suit. [1885, March 20: 82 v. 92; Rev. Stat. 1880; 59 v. 91, § 7; (S. & S.
770).]
Quoted Ratterman v. Express Co., 49 O. S. 608, 616.
SEC. 2844. [Penalty on non-payment of real estate tax.] When one-.
half the taxes charged against any entry of real estate shall not be paid on
or before the twentieth day of December, in that year, or collected by distress
or otherwise prior to the February settlement, a penalty of fifteen per cent.
thereon shall be added to such half of said taxes on the duplicate; and if said
taxes and penalty, including the remaining half of such taxes, shall not be
paid on or before the twentieth of June next thereafter, or collected by distress
or otherwise prior to the next August settlement, the same penalty shall be
charged on said last half of said taxes; and the amount of the whole together
shall constitute the delinquent taxes on such real estate, to be collected in the
manner that is or may be prescribed by law; and if the amount of such
delinquent taxes and penalty, together with one-half of the taxes charged
against such real estate for the current year, shall not be paid on or before the
twentieth day of December, of the same year, the said delinquent taxes and
penalty, and the whole of the taxes of the current year, shall be due, and be
collected by the sale of such real estate, in the manner that is or may be
authorized by law; and in case the first half of the taxes charged upon any
real estate, shall be paid on or before the twentieth day of December, as pro-
vided by law, but the remaining half thereof shall not be paid on or before the
twentieth day of June next thereafter, or be collected by distress or otherwise,
prior to the next August settlement, as provided by law, then the same
penalty shall be added to such unpaid taxes, and the same shall be treated as
delinquent taxes, and, with the taxes of the current year, collected by the sale
of such real estate, as aforesaid. [58 v. 9, §5; S. & S. 779; (S. & C. 1476).]
Sections 2844 and 1053, when construed together, only authorize the imposition of a penalty of fifteen per
cent. for the first default in the payment of taxes on real estate, and do not permit the assessment of a penalty
on the same taxes, or the penalty thereon in any succeeding year or years, by reason of the continued non-
payment of such taxes and penalty: White v. Woodward, 44 O. S. 347; Hunter v. Borck, 51 0. S. 320, 325.
Qu.: Whether penalty attaches where portion of taxes unauthorized; however, where taxes are excess-
ive, and there was no tender of amount admitted to be due, held penalty attaches: Ward, Treas. v. Ry. Co.,
3 N. P. 274; 4 O. D. 154.
Taxes do not bear interest until they are reduced to judgment: Ry. Co. v. Wolfe, Treas., 13 C. C. 374.
The penalties allowed by statute cover interest until reduced to judgment: Id
When the penalties are disallowed interest should be disallowed: Id.
SEC. 2845. [Owner of life estate, guardian, agent, etc., to pay tax.]
Every person shall be liable to pay tax for the lands or town lots of which he
or she may stand seized for life, by curtesy, in dower, or by a husband in right
of his wife, or may have the care of as guardian, executor, or as agent, or
attorney, having funds of the principal in his or her hands. [56 v. 175, § 69;
S. & C. 1463.]
This and other sections of the statutes relating to guardians, show that the intention was to invest the
guardian with the control of the estate of his wards, for purposes of taxation, and to hold him responsible to
his ward for an abuse of that power: Campbell v. Park, 32 O. S. 561.
SEC. 2846. [All persons holding lands shall list lands for taxation;
penalty for neglect.] It is hereby made the duty of every person seized of or
1596
S$ 2847-2850.
COLLECTION OF TAXES.
Tit. XIII, Ch. 6.
holding lands, to list the same for taxation with the county auditor, on or
before the third Monday of May next, after the same shall be subject to taxa-
tion, and in case of neglecting to list the same as aforesaid, the county auditor
shall, when the same shall thereafter be listed, charge upon each tract so
neglected to be listed, the taxes for each year the same shall have been omitted
after becoming liable for taxation, together with twenty-five per centum penalty
and six per centum interest thereon, in addition to the taxes of the current
year. [56 v. 175, § 70; S. & C. 1463.]
There may be several and distinct tenements in the same building under the same roof, and in such
case the owner of each tenement should list his part of the building for taxation Cincinnati College ♥.
Yeatman, 30 O. S. 276.
If land ceases to be exempt from taxation in July there is no duty to list it before the following May.
Myers v. Aikins, 8 C. C. 228; 10. D. 467.
SEC. 2847. [Paying in lands; agents and attorneys; payment by other
than owner.] It shall be the duty of each and every person holding lands as
aforesaid, to pay the tax which may be assessed thereon each and every year;
provided, that agents and attorneys shall not thus be obliged to pay such taxes,
unless sufficient moneys of their principals be in their hands to pay the same;
and provided, further, that any persons owning lands as aforesaid, may author-
ize or consent to the payment by any other person, of the taxes levied upon
such lands, and any person so paying such taxes shall first obtain from the
owner or owners of such lands a certificate of authority to pay such taxes,
signed in the presence of two witnesses, and duly acknowledged before an
officer authorized to administer oaths, which certificate shall contain an accur-
ate description of the property as shown by the tax duplicate, the amount of
the taxes levied thereon, the year for which the same were levied and the
name of the person authorized to pay the same and the date of the payment
thereof; and shall, within ten days from the date of the payment of such taxes,
file the same in the office of the county recorder for record; and when such
certificate has been filed as aforesaid, the amount thereof with interest at the
rate of eight per cent. per annum from the date of the payment of such tax,
shall operate as a lien upon such real estate in preference to all other liens and
the money so paid, together with the interest thereon, may also be recovered
by action for money paid to his use against the person or persons legally liable
for the payment of such tax, which action may be brought by such person so
paying such tax as aforesaid, at any time after the expiration of one year from
the date of the payment thereof; that such certificate so filed as aforesaid with
the county recorder, shall be recorded and canceled in the same manner as
mortgages on real estate, and such recorder shall receive such fees as are pre-
scribed by law for recording real estate mortgages. [90 v. 334; 56 v. 175, §71;
S. & C. 1463.]
Upon perpetual lease, without covenant by lessee to pay taxes, so much of taxes as are on account of
improvements put upon the lot by lessee are chargeable to him: Joslyn v. Spellman (Ham. Dist. Court),
12 W. L. B. 7.
SEC. 2848. [Guardian's liability for neglect.] Every person holding
lands as guardian, as aforesaid, and neglecting or refusing to list or pay the
taxes on the same, in manner aforesaid, shall be liable, in action to his or her
ward or wards, for any damage his or her ward or wards may have sustained
by such neglect or refusal. [56 v. 175, § 72; S. & C. 1463.]
See Piatt v. St. Clair, 6 O. 227.
SEC. 2849. [Executors.] Every person so being seized, or having the
care of lands as aforesaid, as executor, and who shall neglect or refuse either to
list or pay the taxes on the same, in manner aforesaid, shall be liable, in an
action to the devisee or devisees of the person whose executor he is, for any
damage occasioned by such neglect. [56 v. 175, § 73; S. & C. 1464.]
SEC. 2850. [Agents and attorneys.] Every person having the care of
lands, as agent or attorney, having funds of the principal in his hands,
1597
Tit. XIII, Ch. 6.
COLLECTION OF TAXES.
$ 2851-2854.
neglecting or refusing either to list or pay the taxes on such lands, shall be
liable, in an action to his principal, for any damage such principal may have
sustained by such neglect or refusal. [56 v. 175, §74; S. & C. 1464.]
SEC. 2851. [Their lien on the land, etc., for money advanced, etc.]
Every attorney, agent, guardian, or executor, seized or having the care of lands
as aforesaid, who shall be put to any trouble or expense, in listing or paying the
taxes on such lands, or who has to advance his own money for listing or paying
the taxes on such lands, shall be allowed a reasonable compensation for the time
spent, the expenses incurred, and money advanced, as aforesaid, which shall
be deemed in all courts a just charge against the person for whose benefit the
same shall have been advanced. [56 v. 175, § 75; S. & C. 1464.]
Taxes paid by cestui que trust are a lien on land, and may be paid out of trust fund: Gary v. May,
16 O. 66.
SEC. 2852. [Liability and forfeiture of tenants in curtesy or dower
for neglect; redemption in such case.] If any person who shall be seized
of lands as tenant by curtesy, or in dower, or who shall be seized of lands for
life, or in right of his wife, shall neglect to pay the taxes thereon, so long that
such lands shall be sold for the payment of the taxes, and shall not, within
one year after such sale, redeem the same, according to law, such person shall
forfeit to the person or persons next entitled to such lands in remainder or
reversion, all the estate which he or she, so neglecting as aforesaid, may have
in said lands; and the remainder man or reversioner may redeem said lands in
the same manner that other lands may be redeemed after having been sold for
taxes; and, moreover, the person so neglecting as aforesaid, shall be liable in
action to the person next entitled to the estate, for all damages such persons
may have sustained by such neglect. [56 v. 175, § 76; S. & C. 1464.]
This forfeiture is constitutional: McMillan v. Robbins, 5 0. 28.
A purchase at such tax sale by one of the remainder men inures to his co-tenants in remainder: Clark
v. Lindsey, 47 O. S. 437.
A tax sale which is voidable for irregularities will not cause a forfeiture of a life estate: Estabrook v.
Royon, 52 O. S. 318.
A buyer at foreclosure of the remainder can not claim the forfeiture: Chaffee v. Foster, 52 O. S. 358.
This section softens the case in 5 O. 28: Eichenlaub v. Neil, 10 C. C. 427; 3 O. D. 365.
Until sale, and a year after, there is no forfeiture for not paying taxes. It is immatertal whether the sale
is valid or not: Clason v. Ward, 1 N. P. 218; 1 O. D. 192.
SEC. 2853. [Lien, etc., for taxes paid by person having a lien.] Any
person having a lien upon real estate may pay the taxes thereon in so far as the
same are a lien upon such real estate; and the amount of taxes so paid shall,
from the time of payment, operate as a lien upon such real estate, in preference
to all other liens, and the money so paid may also be recovered by action for
money paid to his use against the person or persons legally liable for the pay-
ment of such taxes. [44 v. 114, § 3; S. & C. 1149.]
Where the duplicate shows that taxes are legally assessed, and the mortgagee paid the same, without
knowledge of any illegality, to protect his own lien, such payment should be considered as payment by
the owner, and he can recover from the county for the illegal assessment; but as between him and such
mortgagee, the latter is entitled to a lien for the full amount paid: Bates v. Peoples, etc., Ass'n, 42 O. S. 655.
SEC. 2854. [Rights of a joint owner who pays his portion of tax;
those not paying held liable as if partition had not been made; a tax on
lands sold at judicial sale to be paid out of proceeds of sale; part owner
paying tax on whole tract shall have lien.] In all cases where any tract of
land may be owned by two or more persons, as joint tenants, co-parceners, or
tenants in common, and one or more of the proprietors shall have paid, or may
hereafter pay the tax, or tax and penalty, charged or chargeable on his or their
proportion or proportions of such tract, and one or more of the remaining pro-
prietors shall have failed, or may hereafter fail to pay his or their proportion
of the tax, or tax and penalty, charged or chargeable on said land, and parti-
tion of said land has or shall be made between them, the tax, or tax and
penalty, paid as aforesaid, shall be deemed to have been paid on the propor-
tion or proportions of said tract, set off to the proprietor or proprietors, who
paid his or their proportion of said tax, or tax and penalty; and the proprietor
1598
#
§§ 2855-2856.
COLLECTION OF TAXES.
Tit. XIII, Ch. 6.
or proprietors so paying the tax, or tax and penalty, as aforesaid, shall hold
the proportion or proportions of such tract, set off to him or them as aforesaid,
free from the residue of the tax, or tax and penalty charged on said tract
before partition; and the proportion or proportions of said tract, set off to the
proprietor or proprietors who shall not have paid his or their proportion of said
tax, or tax and penalty, shall be charged with and held bound for the portion
of said tax, or tax and penalty, remaining unpaid, in the same manner as if
said partition had been made before said tax, or tax and penalty, had been
assessed, and said proportion or proportions of said tract, originally listed for
taxation, in the name or names of said delinquent proprietor or proprietors;
and whenever any lands so held by tenants in common shall be sold upon pro-
ceedings in partition, or shall be taken by the election of any of the parties to
such proceedings, or when any real estate shall be sold at judicial sale, or by
administrators, executors, guardians, or trustees, the court shall order the taxes
and penalties, and the interest thereon against such lands, to be discharged out
of the proceeds of such sale or election; and any part owner who shall pay the
tax on the whole tract or tracts of which he is part owner, shall have a lien on
the shares or parts of the other part owner for the tax paid in respect of their
shares or parts which, with interest thereon, he shall be entitled to receive on
sale or partition of such lands, and the collection of which, with interest, he
may enforce like any other lien or charge. [56 v. 175, §77; S. & C. 1464.]
Taxes on the duplicate October 1st, against lands sold at judicial or other sale by order of court, should
be paid from the proceeds of the sale: Hoglen v. Cohan, 30 O. S. 436; Ketcham v. Fitch, 13 O. S. 201; Creps v.
Baird, 3 O. S. 277.
Where, in partition proceedings, parcener elects to take, but fails to have taxes paid before taking title,
on distribution, and he has to pay them, he can not set them up as a lien and recoup against his notes for
deferred payment of purchase money: Callahan v. Rose (Ham. Dist. Court), 2 W. L. B. 281.
An order of court that the sheriff shall pay taxes that are a lien on property sold at sheriff's sale, does
not impose an extra official duty, and the purchaser who was compelled to pay taxes may recover from the
sheriff the amount: Springmeier v. Blackwell (Ham. Dist. Court), 3 W. L. B. 1160.
And one tenant in remainder buying at tax sale where the dowress neglected to pay, can compel his
co-tenants in remainder to contribute: Clark v. Lindsey, 47 O. S. 437, 446.
The lien dates from the assessment, whether put on the duplicate or not, and superior to other liens:
Moerlein Brew. Co. v. Westmeier, 4 C. C. 296.
This section does not apply to assessments made by municipalities: Cincinnati v. Lingo et al., 13 C. C.
337; 7 O. D. 356.
Where in a foreclosure suit the city is made a party, and having failed to set up an assessment, it is after-
wards estopped from enforcing the assessment against the purchaser at the judicial sale: Id.
SEC. 2855. [Duplicate_of_unpaid personal property tax to be made.]
and delivered to treasurer.] Immediately after the semi-annual settlement
in August, the county auditor shall, annually, make a tax-list and duplicate
thereof of all the taxes on personal property remaining unpaid, as shown by
the treasurer's books, and the delinquent record as returned by him to the
auditor, which tax-list and duplicate shall contain the name, valuation, and
amount of personal property taxes due and unpaid, and ten per centum pen-
alty added to the said taxes; and he shall deliver said duplicate to the treas-
urer on the fifteenth day of September, annually. [74 v. 156, § 1.]
Where it does not appear that the duplicate showed an entry as contemplated by this section, no pen-
alty can be allowed: Insurance Co. v. Rattermann, Treas., 46 O. S. 153.
See note to W. & L. E. Ry. Co. v. Stewart, Treas., 13 C. C. 373; 7 O). D. 193, under ? 2859.
Also Ry. Co. v. Wolf, Treas., 13 C. C. 374, under ? 2844, and Ward v. Ry. Co., 3 N. P. 274; 4 O. D. 154, under
game section.
SEC. 2856. [County treasurer to collect taxes and penalty on dupli-
cate; his percentage therefor.] The treasurer shall forthwith proceed to
collect the taxes and penalty on said duplicate by any of the means provided
by law, and for his services he shall be allowed five per centum on the amount
collected, which shall be allowed to him out of the same on his next semi-
annual settlement, when said duplicate shall be settled and the balance of the
funds collected distributed in proper proportions to the appropriate funds.
[1880, April 15: 77 v. 226; Rev. Stat. 1880; 74 v. 156, §§ 2, 3.]
The duplicate of taxes delivered to the treasurer is his warrant of authority for collecting the several
levies found against the entries thereon, with the penalties and interest that may accrue or may have accrued:
Hoglen v. Cohan, 30 O. S. 443. How enforced against estate of deceased person: Wolf v. Geffroy, 16 O. S. 219.
Treasurer acts as a ministerial officer, and is protected by his duplicate: Champaign Co. Bank v. Smith,
1599
Tit. XIII, Ch. 6.
COLLECTION OF TAXES.
§§ 2857-2861.
7 O. 8. 42; Thompson v. Kelly, 2 O. S. 647; Loomis v. Spencer, 1 O. S. 153. But when there is no color of law
for making the levy, the duplicate will not protect the treasurer: Loomis v. Spencer, 1 O. S. 153. Collection
from bankers under former laws: Champaigù Co. Bank v. Smith, 7 O, S, 42.
The five per cent. penalty is not allowed to the treasurer if the delinquent taxes are voluntarily paid
before June 20 and December 20: Shields v. Topliff (Supreme Ct.), 35 B. 313, and sce note to ? 1094.
SEC. 2857. [Repealed 1880, April 15: 77 v. 226. Former statutes: Rev.
Stat. 1880; 74 v. 156, § 4.]
SEC. 2858. [Reading of the delinquent list; collectors.] The county
commissioners shall, at their September session, annually, cause the list of per-
sons delinquent in the payment on personal property to be publicly read; and
they may at any time, if they deem the same necessary, authorize the treasurer
to employ collectors to collect the same or any part thereof, prescribing the
compensation of such collectors which shall be paid out of the county treas-
ury; and all such allowances shall be apportioned ratably by the county audi-
tor among all the funds entitled to share in the distribution of such taxes.
[91 v. 52; 56 v. 175, § 89; 63 v. 43, § 1; S. & C. 1468; S. & S. 780.]
The state is not liable for any part of the fees or expenses of the county treasurer, or county auditor, or
their assistants, except where such liability is created by statute. The state is not bound by the terms of a
general statute unless it be so expressly enacted. No such liability was imposed upon the state by the pro-
visions of this act: State ex rel. v. Cappeller, 39 O. S. 207.
SEC. 2859. [Authority of the treasurer; mode of procedure; judg-
ment shall be rendered.] When any personal taxes, heretofore or hereafter
levied, shall stand charged against any person, and the same shall not be paid
within the time prescribed by law for the payment of such taxes, the treasurer
of such county, in addition to any other remedy provided by law for the col-
lection of such personal taxes, is hereby specially authorized and empowered
to enforce the collection by a civil action in the name of the treasurer of such
county against such person for the recovery of such unpaid taxes; and it shall
be sufficient, having made proper parties to the suit, for such treasurer to allege
in his bill of particulars or petition that the said taxes stand charged upon the
said duplicate of said county against such person, that the same are due and
unpaid, and that such person is indebted in the amount appearing to be due
on said duplicate, and such treasurer shall not be required to set forth in his
petition any other or further special matter relating thereto, and said tax dupli-
cate shall be received as prima facie evidence on the trial of said suit of the
amount and the validity of such taxes appearing due and unpaid thereon, and
of the non-payment of the same, without setting forth in his bill of particulars
or petition any other or further special matter relating thereto; and if, on the
trial of the action, it shall be found that such person is so indebted, judgment
shall be rendered in favor of such treasurer so prosecuting such action as in
other cases; and the judgment debtor shall not be entitled to the benefit of the
laws for stay of execution or exemption of homestead, or any other property,
from levy or sale on execution in the enforcement of any such judgment.
[74 v. 69, §1.]
Not necessary that the individual name of the treasurer be used in the action: Covington and Cincin-
nati Bridge Co. v. Mayer. 31 0. S. 317.
Amount of recovery: Ib.
As to what limitation bars this action: Treasurer v. Martin, 50 Ó. S. 197, 203.
The duplicate is evidence, though the petition avers all prior steps: Wade v. Kimberley, 5 C. C. 33.
Where part of the taxes are legal and part illegal and a party cannot pay the legal without paying the 1
illegal in an action by the treasurer in such case to collect the same, and the person sets up a defense as to
the illegal, the ten per cent. penalty authorized by 22855 cannot be included in the judgment for the taxes:
W. & L. E. Ry. Co. v. Stewart, Treas., 13 C. C. 373; 7 O. D. 193.
The plea of the statute of limitations will not avail in actions brought by the county treasurer in his
name for the recovery of personal taxes: Wasbeney v. Schott, 58 O. S. 110.
The state is the real party in interest: Id.
SEC. 2860. [Meaning of certain terms.] The terms "personal tax
and tax on "personal property" are intended to include all taxes, including
those due from corporations, except only tax on real estate as such.
SEC. 2861. [Taxes for specific levies must be used for such purpose,
and no other, until it is satisfied.] The county auditor shall carefully ascer-
tain the net amount collected for each particular purpose; and it shall not be
lawful to use any specific fund for any other purpose than that for which the
1600
§§ 2862-2863.
COLLECTION OF TAXES.
Tit. XIII, Ch. 6.
same was levied until the purpose for which such tax was levied shall have
been satisfied; and the amount collected for tax on dogs shall be applied to
indemnify loss by injury to sheep, so far as needed for that purpose. [56 v. 175,
§51; 74 v. 177, § 8; S. & C. 1458.]
SEC. 2862. [County officer shall be allowed counsel; fees to be paid
out of county treasury; county solicitor to attend to all such suits.] When-
ever an action has been commenced, or may hereafter be commenced, against
any person holding the office of county treasurer or county auditor, or other
county office, for performing or attempting to perform, any duty authorized by
or directed by any statute or statutes of this state for the collection of the
public revenue, such treasurer, auditor, or other officer, shall be allowed and
paid out of the county treasury reasonable fees of counsel and other expenses
for defending such action or suit, and the amount of any damages and costs
adjudge[d] against him, which said fees, expenses, damages and costs [adjudged
against him, which said fees, expenses, damages and costs] shall be apportioned
ratably by the county auditor among all the parties entitled to share the revenue
so collected, and by the said auditor shall be deducted from the shares or por-
tions of revenue at any time payable to each, including, as one of the said
parties, the state itself, as well as the counties, townships, cities, villages and
school districts, and organizations entitled as aforesaid; provided, that in every
county in which there is a county solicitor or a board of control having a solic-
itor to said board, it shall be the duty of the county solicitor and of the solic-
itor of said board of control to take charge of and attend to all actions against
any of the officers above named in such county for performing, or attempting
to perform, any of the duties aforesaid; and it shall be unlawful for any of
such officers in such county to employ any other counsel to defend such action
of [or] suit. [1881, April 8: 78 v. 120, 121; Rev. Stat. 1880; 73 v. 204, §58;
(S. & C. 1460).]
The state is properly chargeable with its share of the expenses: State ex rel. v. Cappeller, 39 O. S. 214.
See Ratterman v. State, 44 O. S. 641.
A county solicitor is authorized to enter appearance for county officers, who are defendants as such, in an
action: Brewster v. Anderson, 1 C. C. 479.
County solicitor is not the attorney for the board of police commissioners of Cincinnati: Yaple v. Police
Commissioners, 2 C. C. 413.
SEC. 2863. [Abstract of duplicate, etc., to be transmitted to auditor
of state; abstract of personal property.] The county auditor, on or before
the first day of October, except in counties having cities of the second grade of
the first class, when it shall be on or before the tenth day of November, annually,
shall make out and transmit by mail, to the auditor of state, a complete abstract
of the duplicate of his county, which shall state the aggregate value of the tax-
able property, and the total amount of taxes for all purposes assessed thereon
for that year; he shall, at the same time, also make out and transmit to the
auditor of state, an abstract of the number and value of each of the enumerated
articles, the value of merchants' and manufacturers' stocks, and the value of all
other personal property, moneys, credits, investments in bonds, stocks, joint
stock companies, or otherwise, and the value of all other articles of personal
property, as returned by the township assessors, or as fixed by the county board
of equalization; said abstracts shall be made out in such form, and the state-
ment shall contain such details as the auditor of state shall prescribe. [1886,
May 19: 83 v. 234, 235; Rev. Stat. 1880; 57 v. 6, § 37; (S. & C. 1453).]
1601
Tit. XIII, Ch. 7.
DELINQUENT LANDS.
§ 2864.
CHAPTER 7.
DELINQUENT LANDS.
SECTION
SECTION
2864. Delinquent land list: how published; Cuya-
hoga and Hamilton counties.
2884. Minutes of deeds to be kept.
2885.
2865. Fees for publication of delinquent and forfeit-
ed land list.
2886.
2887.
2866. Examination of treasurer's duplicate by audi-
tor before list published.
And note of redemption for sale.
When taxes regularly paid, sale void.
County auditor may make deed for land that
after sale has, by change of county lines,
been transferred to other county.
2867. Copy of notice to be recorded.
2868. Proceedings when delinquent list not pub-
lished.
Same.
2868-1.
2869. Copy of newspaper to be sent to state auditor
by county auditor.
2870. Sale of delinquent lands; Cuyahoga county.
2871. How to proceed if purchaser fails to pay.
2872. County auditor or deputy to attend sales of delin-
quent lands; to forward copy of record of sales
to auditor of state.
2888. Auditor to transfer to name of purchaser land
sold as delinquent or forfeited.
REDEMPTION OF DELINQUENT LANDS.
2889.
Application for redemption to be made to
county auditor.
2890.
Redemption of delinquent lands; limitation.
2891.
How.
2892.
Part owner may redeem his part.
2893.
2873. Certificate of purchase of delinquent lands; duty
of county surveyor under such certificate.
Proceedings of party, auditor, and treasurer on
application to redeem.
2894.
2874. No deed to be made for two years.
2875. Certificates assignable.
Payment of redemption money to tax pur-
chaser.
2895.
2876. When deeds to be made, and how.
2877. Effect of deed.
Note on certificate that deposit has been made
to redeem, and note of redemption on record
of tax sales.
2878. When survey may be dispensed with.
2896.
2879. How purchaser of undivided part shall hold.
2880. Lien for taxes passes to purchaser.
2897.
2881. Sale not invalid because charged in wrong
Tax purchaser's improvements, made after
two years from sale, to be paid for.
Only tenant's right to be sold in permanent
leasehold, if the same sufficient.
name.
2898.
2882. County auditor may make deeds for lands
heretofore sold.
If owner produce receipt for taxes returned
delinquent, receipt to be received in pay-
ment.
2883. When certificates have been lost or destroyed,
how deeds made.
SEC. 2864. [Delinquent land list; Cuyahoga and Hamilton counties;
how published.] Each county auditor shall cause the list of delinquent land
in his county to be published weekly for two weeks between the 20th day of
December and the 3d Tuesday in January next ensuing, except in counties
containing a city of the first or second grade of the first class, in which such
list shall be published between the twentieth day of December and the first
Monday in February, in one newspaper in the English language, and no more,
printed and of general circulation in his county, and also in one newspaper of
the German language, if there shall be printed and published a newspaper in
the German language, and of general circulation therein, and if no paper be
printed therein, then in some paper in the English language, having general
circulation in his county, to which list there shall be attached a notice that
said delinquent lands will be sold by the county treasurer, as provided in sec-
tion 2870, which said notice shall be in substance as follows, that is to say:
DELINQUENT TAX SALE.
The lands, lots and parts of lots returned delinquent by the treasurer of
county, together with the taxes and penalty charged thereon
agreeably to law, are contained and described in the following list, viz.: (here
insert the list with the name or names of the owner or owners of the said respec-
tive tracts of land, or town lots, as the same are designated on the duplicate),
and notice is hereby given that the whole of said several tracts, lots or parts of
lots, or so much thereof as may be necessary to pay the taxes and penalty
charged thereon, will be sold by the county treasurer at the court-house in said
102
1602
:
$2865
DELINQUENT LANDS.
Tit. XIII, Ch. 7.
unless said taxes and penalty
county on the third Tuesday of January,
be paid before that time, and that the sale will be continued, from day to day,
until the several tracts, lots and parts of lots, shall have been sold or offered
for sale. (69 v. 169, § 48). [91 v. 3; 90 v. 26; 89 v. 395; 77 v. 42, 44; Rev.
Stat. 1880; (S. & S. 28; S. & C. 107).]
Publication under former laws: Hughey v. Horrel, 2 O. 231; Winder v. Sterling, 7 O. (2 pt.) 194.
Insufficient description in advertisement: Lafferty v. Byers, 5 O. 458.
A record of a certificate by the county auditor, under the act of March 23, 1840, that the delinquent tax-
list was published for four consecutive weeks prior to December 1st, does not show a compliance with the
provisions of said act requiring the delinquent list and notice of sale to be published for four weeks between
the first day of October and the first day of December: Magruder v. Esmay, 35 O. S. 221. Okey, J. and Gil-
more. C. J. dissented.
Failure to observe the provisions of this section invalidates a tax sale: Rhodes v. Gunn, 35 O. S. 395.
As to what accuracy of description is required to render tax sale valid, see notes to decisions under 2881.
SEC. 2865. [Fees for publication of delinquent and forfeited land list.]
There shall hereafter be allowed to the publishers of newspapers, for advertis-
ing the delinquent and forfeited lists of the several counties, and the notice of
sale, a sum not exceeding the following rates: For the notice of sale, ten dol-
lars; for designating the several school districts, townships, hamlets, villages
and cities, and the several wards in any city, fifty cents each; and for each tract
of land, city or town lot, or part of lot, contained in each of said lists, thirty
cents; provided, that in no case shall a greater sum than one-half of the taxes
and penalties, due on any tract, lot, or part of lot, be allowed for advertising
such tract, lot, or part of lot; and no such property shall be published in said
list, as delinquent, on which the taxes and penalty shall have been paid on or
before the twentieth day of December. [87 v. 55; 86 v. 142; Rev. Stat. 1880;
59 v. 78, § 53; (S. & S. 29; S. & C. 108).]
SEC. 2866. [Auditor to compare delinquent list with duplicate.]
Immediately before advertising such list of delinquent lands and lots, it shall
be the duty of the county auditor to compare the same with the duplicate in
the hands of the county treasurer, and strike therefrom all lands or town lots
upon which the taxes, interest, and penalty of the preceding year, with the
taxes of the current year, shall have been paid, and proceed to advertise the
remainder as herein provided. [56 v. 128, §50; S. & C. 108.]
SEC. 2867. [Copy to be inserted at foot of record of delinquent list;
certificate as to their publication.] The county auditor shall, on or before
the day of sale mentioned in such notice, insert, at the foot of the record, on
delinquent list, a copy of such notice, and shall moreover certify on said record,
immediately following such notice, the name of the paper, and the length of
time such list and notice were published therein. [56 v. 128, § 49; S. & C.
107.]
Proof of notice: Thevenin v. Slocum, 16 O. 519; Kellog v. M'Laughlin, 8 O. 114.
Failure to comply with the provisions of this section invalidates tax sales: Magruder v. Esmay, 35 O. S.
233, 234.
SEC. 2868. [Proceedings when delinquent list not published.] In all
cases where any county auditor, by inadvertence or mistake, shall have omitted,
or in any future year shall omit, to publish the delinquent list of his county,
according to the requirements of law, it shall be his duty, in case the taxes and
penalty with which the land and town lots therein stand charged, shall not
have been paid before the tenth day of August of the next succeeding year, to
charge the said lands and town lots with the said taxes and penalty, and also
the taxes of the current year, and record, certify, and publish the same as part
of the delinquent list. [56 v. 128, §51; S. & C. 108.]
(2868-1) [Omitted publication.] In any county where the county
auditor heretofore by inadvertence, mistake, or otherwise, shall have omitted
to publish the delinquent list of his county according to the requirements of
law, the publication shall be made according to the provisions of section two
thousand eight hundred and sixty-eight of the Revised Statutes. [86 v. 147.]
See Chapter 4, Title 8, Part I.
1603
Tit. XIII, Ch. 7.
DELINQUENT LANDS.
S$ 2869-2872.
SEC. 2869. [Paper containing list to be sent to auditor of state, and
printers' account.] It shall be the duty of the county auditor to send, by
mail, to the auditor of state, one paper containing the list of delinquent and
forfeited lands, and a copy of the account of the printer, as sworn to by him
and allowed by the auditor. [56 v. 128, §54; S. & C. 108.]
A failure to observe the provisions of this section invalidates a tax sale: Rhodes v. Gunn, 35 O. S. 395.
SEC. 2870. [Sale of delinquent lands: conditions; Cuyahoga county.]
The county treasurer or his deputy shall attend at the court-house in his coun-
ty, on the third Tuesday in January, in conformity with the notice prescribed
in section twenty-eight hundred and sixty-four, and shall then and there at
and after the hour of ten in the forenoon, proceed to offer for sale, separately,
each tract of land, or city or town lot, or part of lot, contained in said adver-
tisement, on which the taxes and penalty shall not have been paid; and the
person or persons offering at said sale to pay the taxes and penalty charged on
such land, lot or part of lot, for the least quantity thereof, shall be the purchaser
or purchasers of such quantity; and the treasurer shall continue such sale from
day to day until each tract, lot or part of lot contained in such advertisement
on which the taxes and penalty remain unpaid, shall have been sold or offered
for sale. Provided, that in counties containing a city of the second grade of
the first class, the sale of lands on which the taxes and penalty shall not have
been paid, shall begin on the first Tuesday of February, and the sale thereof
shall continue from day to day until each tract, lot or part of lot contained in
such advertisement on which the taxes and penalty remain unpaid, shall have
been sold or offered for sale. [89 v. 395; 59 v. 78, § 23; S. & S. 28; (S. & C.
100).]
Where eight lots were listed by number, and an assessment in gross made on all in one tract: Held, that
a separate sale of each lot was invalid: Willey v. Scoville, 9 O. 43.
Collusion among bidders will render sales void: Dudley v. Little, 2 O. 504.
Sale must have been made on the day specified, under act of 1822, or reason stated in the return for
adjournment: Wilkins v. Huse, 10 O. 139; Northrop v. Devore, 11 O. 359.
A treasurer may sell the lands upon which taxes or assessments have been levied, the duplicate having
the force of an execution; but where it appears that it would be inequitable to do so, he may be enjoined:
Stone v. Viele, 38 O. S. 314.
SEC. 2871. [How to proceed if purchaser fails to pay.] The person or
persons purchasing such tract of land or town lot, or any part thereof, shall
forthwith pay to the treasurer the amount of taxes and penalty charged thereon;
and on failure so to do, the treasurer shall immediately offer said land or town
lot again for sale, in the same manner as if no such sale had been made; and
the person so failing to make payment shall forfeit and pay a penalty of twenty-
five per centum on the amount of said tax and penalty to be recovered by a
civil action, in the name of the treasurer, for the use of the county, before any
justice of the peace or court having jurisdiction thereof. [56 v. 128, §24;
S. & C. 101.]
and
SEC. 2872. [County auditor or deputy to attend sales_of_delinquent
lands; to forward copy of record of sales to auditor of state.] The county
auditor, or his deputy, shall attend all such sales of delinquent lands and lots,
made by the treasurer of his county, and shall make a record thereof in a sub-
stantial book, therein describing the several tracts of land and lots sold at said
sale, as the same shall have been described in the advertisement aforesaid,
stating how much of each tract of land or lot was sold, and to whom sold; and
if any tract or lot shall remain unsold for want of bidders, he shall so enter it
in a substantial book kept for that purpose in the county auditor's office to be
designated the forfeited land record of said county; and the auditor shall make
out and certify a copy of all lands forfeited at each annual delinquent tax-sale,
and forward the same to the auditor of state each year at the time of making
the settlement with the county treasurer, next after such sale. [1881, April
18: 78 v. 187; Rev. Stat. 1880; 56 v. 128, $25; (S. & C. 101).]
Books of auditor, and sworn copies therefrom, evidence: Thevenin v. Slocum, 16 O. 519; Sheldon v.
Coates, 10 O. 278.
"
1.604
}
§§ 2873-2876.
DELINQUENT LANDS.
Tit. XIII, Ch. 7.
Verification of delinquent list: Ward v. Barrows, 2 O. S. 241; Harmon v. Stockwell, 9 O. 93; Hollister v.
Bennett, 9 O. 83; Skinner v. Brown, 17 O. S. 33.
Failure to comply with the provisions of this section invalidates tax sales: Magruder v. Esmay, 35 0. S.
234, 235.
SEC. 2873. [Certificate of purchase of delinquent lands; duty of
county surveyor under such certificate.] The auditor shall make out and
deliver to the purchaser of any land or lots, sold for delinquent taxes as afore-
said, a certificate of purchase, therein describing the land or lots so sold, as the
same was described in the tax duplicate, and stating therein the amount of
taxes and penalty for which the same was sold; and if only a part of a tract
be sold, such certificate shall specify the quantity sold, and shall be directed to
the county surveyor, whose duty it shall be, when requested by the purchaser,
his assignee, or heirs, to lay off, by metes and bounds, in a square, as near as
practicable, at the most north-westerly corner of the tract from which the sale
was made, the quantity so sold; and if the sale be made from an inlot or out-
lot in any town, or from any particular part thereof, it shall be the duty of the
county surveyor so to lay off the part, or portion sold, so that it shall include
the most north-westerly corner, and where there is not a most north-westerly
corner then the most northerly corner shall take precedence as the point where
the description shall begin, and it shall extend from the main or principal
street, road, or alley which may be the most convenient front to such lot, to the
rear of the lot, and to bound the same by lines as nearly parallel with the out-
lines of such lot as practicable. [1882, March 23: 79 v. 49; Rev. Stat. 1880;
56 v. 128, § 26; (S. & C. 101).]
Certificate of sale, under act of 1804, signed by the sheriff as collector, and not as sheriff, held valid:
Sheldon v. Coates, 10 O. 278. Certificate passes to heirs at death of holder: Rice v. White, 8 O. 216.
As to description of land, see notes to decisions under ? 2881.
SEC. 2874. [When survey and deeds shall be made.] No deed shall
be made by the county auditor for any land or lot sold as aforesaid for taxes,
until the expiration of two years from and after such sale; nor shall the survey
thereof required by the certificate of purchase be made until the expiration of
that time. [56 v. 128, § 27; S. & C. 102.]
SEC. 2875. [Certificates assignable.] Said certificates of purchase
shall be assignable in law, and an assignment thereof shall vest in the assignee
or his legal representatives all the right and title of the original purchaser.
[56 v. 128, § 28; S. & C. 102.]
SEC. 2876. [When auditor to make deeds; when two or more tracts
are sold to one purchaser, auditor to make one deed.] At any time after
the lapse of two years from the time of such sale for taxes, if the land or lot
so sold shall not have been redeemed, the county auditor or any of his suc-
cessors in office shall, on request, and on production of the certificate of pur-
chase, and in case of the sale of part only of a tract of land or lot, on produc-
tion of the county surveyor's return of a survey, in case he shall deem such a
survey necessary, in conformity with the requisitions of such certificate, execute
and deliver to the purchaser, his heirs, or assignee, as the case may be, a deed
of conveyance for the tract of land or town lot, or such part thereof as shall
have been sold as aforesaid: provided, that when two or more parcels of the
same tract or lot of land have been or shall hereafter be sold for the non-pay-
ment of taxes, to the same purchaser or purchasers, it shall be the duty of the
county auditor, on production of the certificates of the purchaser, or on pro-
duction of the county surveyor's return of surveys thereof, in conformity with
said certificates, when such surveys are required, to execute and deliver one
deed of conveyance of the several parcels so sold, to the purchaser or pur-
chasers, his or their heirs or assignees, which deed so executed or delivered
shall vest in the grantee or grantees, his, her, or their heirs or assigns the same
title, both in law and equity, as if the several deeds for each and every parcel
so sold were or had been executed. [56 v. 128, § 29; S. & C. 102]
1605
Tit. XIII, Ch. 7.
DELINQUENT LANDS.
$$ 2877-2880.
SEC. 2877. [Title by deed and its effect as evidence.] The deed so
made by the auditor shall vest in the grantee, his, or their heirs and assigns a
good and valid title, both in law and equity, and shall be received in all courts
as prima facie evidence of a good and valid title in such grantee, his heirs and
assigns. [56 v. 128, § 30; S. & C. 102.]
As to effect of deed under sale of forfeited lands, see ? 2908.
Under 9 of the act of 1825, auditor's deed not received as prima facie evidence of title, without first show-
ing the proceedings upon which it is founded: Carlisle v. Longworth, 5 0. 368; Holt v. Hemphill, 3 0. 233.
Section 39 of the act of 1840 received a similar construction: Jones v. Devore, 8 O. S. 430. The recital in a tax
deed is not, in general, proof of itself of the facts recited: Thompson v. Gotham, 9 O. 170. Nor will the
description and recital in the deed cure defect in description as listed: Turney v. Yeoman, 16 O. 24. Nor can
& defective description be cured by the aid of chancery: Gwynne v. Niswanger, 20 O. 556.
A deed for lands sold for taxes due prior to 1820, under acts of 1827 and 1829, is evidence of title, and will
not be invalidated by any error in listing, taxing, or selling: Gwynne v. Niswanger, 18 O. 400. An auditor's
deed for lands sold for taxes under the act of February 23, 1824, is prima facie evidence of title, without pre-
liminary proof of listing: Stanbery v. Sillon, 13 O. S. 571. So, an auditor's deed for forfeited lands sold is
prima facie evidence of title, without preliminary proof of listing: Turney v. Yeoman, 14 O. 207: Woodward v.
Sloan, 27 O. S. 592. Quære: Whether an auditor's deed is prima facie evidence of title, without preliminary
proof, under laws in force in 1822: Skinner v. Brown, 17 O. S. 33.
Lands sold for taxes in Virginia military district, after survey, but before patent issued, passes the
equitable interest of the proprietor: Wallace v. Seymour, 7 O. (1 pt.) 156; Rennick v. Wallace, 8 O. 539; Holt v.
Hemphill, 3 O. 233; Gwynne v. Niswanger, 15 0. 367. As to sale of U. S. lands for taxes after entry, and
before patent issued, see Gwynne v. Niswanger. 20 O. 556; Gwynne v. Niswanger, 18 0. 400: Niswanger v.
Gwynne, 13 O. 74; Stuart v. Parish, 6 O. 477; Milliken v. Starling, 16 O. 61.
One in possession, claiming title, and in whose name the land is listed, acquires no additional interest
by suffering the land to be sold for taxes, and purchasing the same himself: Douglas v. Dangerfield, 10 O. 152.
Right of dower is barred by valid tax sale: Jones v. Devore, 8 O. S. 430.
The auditor's deed is prima facie evidence of title and may be given without any proof of the regularity
of the proceedings resulting in the sale of the land. Magruder v. Esmay, 35 O. S. 234; contra, Stambaugh v.
Carlin, 35 O. S. 214; Rhodes v. Gunn, 35 O. S. 395.
Deed as evidence construed. Cottage, etc., Bldg. Assn. v. Bacon, 2 N. P. 295; 1 O. D. 197.
Where the lessor fails to pay the taxes the lessee may acquire title at the delinquent tax sale and set such
title up against his lessor: Maxwell v. Griftner, 13 C. C. 616; 5 O. D. 323.
SEC. 2878. [In what cases survey of land sold for taxes dispensed
with.] In all cases where the whole of any tract of land has been heretofore
or may hereafter be sold for non-payment of taxes, in different parcels to differ-
ent purchasers, and the certificates of the sale of which said different parcels
comprising the whole of said tract of land shall or may come into the posses-
sion of any one of said purchasers or their assignee by assignment, it shall be
lawful for the county auditor of the proper county to dispense with the survey
of said separate or different parcels, and to make, execute, and deliver one
deed of conveyance for the whole of said tract to the assignee or purchaser so
having the said certificates in his possession by assignment; which deed so
executed and delivered shall vest in the grantee, his or her heirs or assigns,
the same title, both in law and equity, as if separate deeds for each and every
parcel of such tract so sold were or had been made after and upon the proper
surveys heretofore required to be made in conformity with the laws then in
force upon the subject. [53 v. 116, § 1; S. & C. 109.]
SEC. 2879. [Purchaser of the interest of joint tenant, etc., to hold in
common.] The purchaser, at a sale of lands or lots for taxes, of the interest
of any joint tenant, tenant in common, or co-parcener, or of any part or por-
tion of such interest, shall, on obtaining the deed from the auditor for the
part or portion so by him purchased, hold the same as tenant in common with
the other proprietor or proprietors of such land or lot, and be entitled to all the
privilege of a tenant in common until legal partition of such land or lot shall
be made. [56 v. 128, § 31; S. & C. 103.]
SEC. 2880. [Lien of tax purchaser for purchase money, etc., if sale
invalid.] Upon the sale of any land or town lot for delinquent taxes, the lien
which the state has thereon for taxes then due shall be transferred to the pur-
chaser at such sale; and if such sale should prove to be invalid on account of
any irregularity in the proceedings of any officer having any duty to perform
in relation thereto, the purchaser at such sale shall be entitled to receive from
the proprietor of such land or lot the amount of taxes, interest, and penalty
legally due thereon at the time of such sale, with interest thereon from the
1606
SS 2881-2885.
DELINQUENT LANDS.
Tit. XIII, Ch. 7.
time of payment thereof, and the amount of taxes paid thereon by the pur-
chaser subsequent to such sale; and such land or lot shall be bound for the
payment thereof. [56 v. 128, § 32; S. & C. 104.]
Cited. Estabrook v. Royon, 52 O. S. 318, 324.
A purchaser at an invalid tax sale can only recover from the owner, or enforce a lien against the land
for the taxes paid, with interest, and without penalty: Johnson v. Stewart, 29 O. S. 498.
A purchaser at a tax sale of land, delinquent for the non-payment of assessments under the two-mile
road improvement law, after the same has proved invalid on account of a defective description of the
lands upon the tax duplicate, may recover against the owner the amount of taxes, interest, and penalties due
at the time of sale, interest subsequently accruing, and all legal taxes by him afterwards paid, but not the
fifty per cent. penalty imposed upon the owner who redeems his lands. Parol evidence is admissible in con-
nection with the duplicate to identify the lands actually assessed: Chapman v. Sollars, 38 O. S. 378.
Where a tax sale proves to be invalid, the purchaser is entitled to receive the legal taxes, including inter-
est and penalty legally thereon paid by him, and legal taxes subsequently paid by him, with interest from the
dates of such payments; but he is not entitled to receive illegal taxes thereon paid by him, or interest or
penalty thereon. Johnson v. Stewart, 29 O. S. 498, approved and followed: Younglove v. Hackman, 43 O. S. 69.
If the sale was void for irregularity the buyer could only recover his payments with interest, but no
fees for transfers nor costs or penalty: Steel v. Pogue, 15 C. C. 149.
SEC. 2881. [Sale not invalid if tract charged in wrong name.] No
sale of any land or town lot for delinquent taxes shall be considered invalid
on account of its having been charged on the duplicate in any other name than
that of the rightful owner: provided, that such land or lot be in other respects
sufficiently described on the duplicate and the taxes for which the same is sold
be due and unpaid at the time of such sale. [56 v. 128, § 33; S. & C. 104.]
To render a tax sale valid the duplicate must contain such a definite description of the land sold that
from it the land may be found: Winkler v. Higgins, 9 O. S. 599; Stewart v. Aten, 5 O. S. 257; Turney v. Yeo-
man, 16 0.24; Hannel v. Smith, 15 0. 134; Burchard v. Hubbard, 11 O. 316; Perkins v. Dibble, 10 O. 434; Treon v.
Emerick, 6 O. 391; Lafferty v. Byers, 5 O. 458; Massie v. Long, 2 O. 287; Humphries v. Huffman, 33 O. S. 395.
SEC. 2882. [Auditor may make deeds of lands heretofore sold.]
When by the provisions of any former law the collector of taxes or the county
treasurer was authorized to make deeds for lands or lots by them sold for
delinquent taxes, and the same has not been done, the county auditor of the
proper county shall be and he is hereby authorized to make such deeds to all
persons entitled thereto; and the deeds which shall be so made by the auditor
shall be as good and valid in law as if made by the person authorized under
such former law to make them. [56 v. 128, § 34; S. & C. 105.]
SEC. 2883. [When certificates have been lost or destroyed, how deeds
made.] In case any certificate or certificates shall have been at any time issued
to any purchaser or purchasers of land for taxes, under any of the acts hereto-
fore passed on that subject, which certificate or certificates having been mislaid,
destroyed, or lost, and that fact being shown to the county auditor, and no
deed or deeds having been executed therefor, said auditor, being fully satisfied
from evidence of the existence and loss of any such certificate or certificates,
shall, on application for that purpose, proceed to make and execute to such
purchaser or purchasers a good and sufficient deed or deeds of conveyance for
any such tract or tracts of land, which deed or deeds shall be as good and valid
in law, to all intents and purposes, as if such certificate or certificates had not
been mislaid, lost, or destroyed. [56 v. 128, § 35; S. & C.105.]
SEC. 2884. [How auditor to keep minutes of deeds made.] The
county auditor shall enter, in a book to be kept in his office, a minute of all
deeds by him made for lands and town lots, or parts thereof, sold for taxes,
therein naming the person who stood charged with the taxes at the time of
such sale, and the date of the sale, the name of the purchaser, a brief descrip-
tion of the land or lot so sold, the quantity sold, the amount for which the
same was sold, the name of the grantee in the deed, and the date of its execu-
tion. [56 v. 128, § 36; S. & C. 105.]`
The burden is on the holder of a tax title to show that every regularity and requirement has been com-
plied with in its minute detail, otherwise the least irregularity or defect renders his deed unavailable to cast
title: Cook v. Prosser et al., 14 C. C. 142; 7 O. D. 619.
SEC. 2885. [And to note redemption of lands.] When any tract or
portion of land, town lot or part thereof, shall be sold for taxes, and afterward
redeemed, it shall be the duty of the county auditor to insert a minute of such
1607
Tit. XIII, Ch. 7.
DELINQUENT LANDS.
S$ 2886-2891.
redemption, the date thereof, and by whom made, on his record of sales of
land for delinquent taxes, and sign the same officially. [56 v. 128, § 37; S. & C.
105.]
SEC. 2886. [Sale of land for taxes regularly paid, void; proceedings
in such case.] If the taxes charged on any land or lot be regularly paid, and
such land erroneously returned delinquent, and sold for taxes, the sale thereof
shall be void; and the money paid by the purchaser at such void sale shall be
refunded to him out of the county treasury, on the order of the county aud-
itor, and that so much of said tax as has been paid into the state treasury shall
be refunded to the county treasury; and the county auditor shall retain the
same in his next semi-annual settlement, and charge the state treasury there-
with in said settlement. [56 v. 128, § 42; S. & C. 106.]
SEC. 2887. [When auditor may make deeds for lands in other coun-
ties.] The county auditor of the county in which any land or town lot shall
have been or may hereafter be sold for taxes under the provisions of this act,
is hereby authorized and required to execute the proper deed therefor to the
person or persons entitled to receive the same, whether the said land or town
lot shall, at the time of the execution of said deed, continue to be within said
county or not, in the same manner as though the said land or town lot still
remained within the limits thereof, any law to the contrary notwithstanding.
[56 v. 128, § 43; S. & C. 106.]
SEC. 2888. [Auditor to transfer land sold for taxes.] Every county
auditor hereafter delivering any certificate of purchase of forfeited lands, or
delinquent lands sold for taxes, shall immediately, on his duplicate, transfer
the same into the name of the purchaser, charging therefor the sum of ten
cents, which shall be considered part of the expenses of the sale; and if any
county auditor shall neglect to make such transfer, he shall be liable to action
by any person injured thereby as for a neglect of official duty. [56 v. 128,
§ 47; S. & C. 107.]
REDEMPTION OF DELINQUENT LANDS.
SEC. 2889. [Applications for redemption to be made to auditor.] All
applications for the redemption of lands or town lots sold for taxes shall be
made to the county auditor of the county in which such lands or town lots are
situated. [56 v. 175, § 93; S. & C. 1469.]
A person whose lands are sold at delinquent sale must first apply to the county auditor for their redemp-
tion before seeking relief in a suit. Trustees v. Thoman, 51 O. S. 285.
SEC. 2890. [Redemption of delinquent lands; limitation.] All lands
and town lots sold for taxes at delinquent sale, may be redeemed at any time
within two years after the sale thereof; but any lands sold for taxes, belonging
to any person within the age of minority, of unsound mind, or imprisoned,
may be redeemed at any time within two years after such disability is removed.
[1886, April 14: 83 v. 74, 75; Rev. Stat. 1880; 62 v. 112, § 92; (S. & S. 781;
S. & C. 1468).]
A forfeiture of lands for the non-payment of taxes was incurred during the owner's lifetime, but he
died before the sale; the infant heirs may redeem, and without paying for improvements made, within two)
years after the purchase for taxes: Reynolds v. Lieper's Heirs, 7 O. (1 pt.) 17.
Cited State ex rel. v. Tanzey, 49 O. S. 656.
SEC. 2891. [How lands may be redeemed.] Any person desiring to
redeem any land or town lot sold at delinquent tax sale under or by virtue of
any law of this state, within one year after the sale thereof, or within one year
after the expiration of any of the disabilities named in section twenty-eight hun-
dred and ninety, may deposit with the county treasurer, upon the certificate of
the ĉounty auditor, particularly describing such land or town lot, and specify-
ing the same, an amount of money equal to that for which such land or town
lot was sold, and the taxes subsequently paid thereon by such purchaser, or
1608
§§ 2892-2895.
DELINQUENT LANDS.
Tit. XIII, Ch. 7.
those claiming under him, together with interest, and fifteen per centum pen-
alty on the whole amount paid, including costs, and one dollar to pay the
expenses of advertising as hereinafter provided; and any person desiring to
redeem any land or town lot so sold for taxes after the expiration of one year
from the sale thereof, and within the time limited by law for such redemption,
may deposit with the county treasurer, upon the certificate of the county
auditor, particularly describing such land or town lot, and specifying the same,
an amount of money equal to that for which such land or town lot was sold,
and the taxes subsequently paid thereon by such purchaser, or those claiming
under him, together with interest and twenty-five per centum penalty on the
whole amount paid, including costs, and one dollar to pay the expense of adver-
tising, as hereinafter provided. [62 v. 112, §94; S. & S. 781; (S. & C. 1469).]
The proceeding to redeem is essentially in rem; and it is not necessary that any person be named as
party defendant: Plumb v. Robinson, 13 O. S. 298.
Parol evidence admissible to show trust estate: Ib.
Validity of title can not be drawn in question in a proceeding to redeem: Masterson v. Beasley, 3 O. 301;
nor authority of agent questioned: Ib.
Right of appeal under former laws: Street v. Francis, 3 O. 277; Rawson v. Boughton, 5 O. 328.
Married women can redeem: Plumb v. Robinson, 13 O. S. 298.
No right to redeem by deposit with treasurer after two years: Steel v. Pogue, 15 C. C. 149, 153.
SEC. 2892. [Joint owner, etc., may redeem his proportion.] When
any joint tenants, tenants in common, or co-parceners, shall be entitled to
redeem any land, or town lot, sold for taxes, and any person, so entitled, shall
refuse or neglect to join in the application for the certificate of redemption, or,
from any cause, can not be joined in such application, the auditor may enter-
tain the application of any one of such persons, or so many as shall join therein,
and may make a certificate for the redemption of such proportion of said land
or lot as the person or persons making such application shall be entitled to
redeem. [56 v. 175, § 95; S. & C. 1469.]
SEC. 2893. [Proceedings of party, treasurer, and auditor on applica-
tion to redeem.] Upon the presentation of any such certificate of the county
auditor to the county treasurer, for the redemption of any land or town lot,
sold for taxes, and upon the payment of the money into the county treasury,
as aforesaid, the county treasurer shall give the person or persons making such
payment, duplicate receipts therefor, describing the property or the land or
town lot as the same is described in or upon the certificate of the auditor, as
aforesaid; one of which receipts shall be registered by the treasurer, and imme-
diately filed with the county auditor, by the person or persons or party receiv-
ing the same; and thereupon the auditor shall forthwith cancel the sale, and
transfer the property, land, or town lot to the proper person or persons or party;
and such receipt, when so filed, shall operate as an extinguishment of all rights,
either in law or equity, conferred in any way or manner by such sale; and the
auditor shall publish a notice of such redemption in the same newspaper in
which the advertisement of sale had been published, for the term of three
weeks, either in a weekly or a daily paper, once in each week, at an expense
not exceeding one dollar. [56 v. 175, § 95; S. & C. 1469.]
SEC. 2894. [Payment of redemption money to tax purchaser, etc.]
Upon the demand of the purchaser, or his legal representative, and the surren-
der of the tax certificate, and upon the payment of the auditor's fees, the
county auditor shall draw his warrant upon the county treasurer in favor of
such purchaser, or his legal representative, for the amount of money so depos-
ited as herein before mentioned, with the said treasurer, after deducting there-
from the treasurer's fees for such services. [56 v. 175, §96; S. & C. 1470.]
SEC. 2895. [When auditor to note on back of certificate that deposit
has not been made; note of redemption on record of tax sales.] In all cases
where such deposit shall not be made within two years from the time of the
1609
Tit. XIII, Ch. 7.
DELINQUENT LANDS.
§§ 2896-2898.
sale of lands or lots sold for delinquent taxes, or within six months from that
of lots or lands forfeited to the state for non-payment of taxes, the auditor
shall, at the request of the person presenting such certificate, note such fact
upon the back of said certificate, and sign his name thereto. When any
tract or portion of land or town lot or part thereof is thus redeemed, or any
deposit thus made, it shall be the duty of the auditor of the county, to note
such redemption or deposit, the date thereof, and by whom made, on his record
of tax sales, and sign his name officially thereto. [56 v. 175, §97; S. & C.
1470.]
SEC. 2896. [Tax purchaser's improvements: how paid for, etc.] In
case any lasting and valuable improvements shall have been made by the pur-
chaser at a sale for taxes, or by any person claiming under him, on any
land or
town lot, for which a certificate of redemption shall be made as aforesaid, the
premises shall not be restored to the person obtaining such order, until he
shall have paid or tendered to the adverse party the value of such improve-
ments; and if the parties can not agree on the value of such improve-
ments, the same proceedings shall be had in relation thereto, as shall be pre-
scribed in any law existing at the time of such proceedings, for the relief of
occupying claimants of land: provided, that no purchaser of any land or town
lot, sold for taxes, nor any person claiming under him, shall be entitled to any
compensation for any improvements which he shall make on such land or
town lot, within two years from and after the sale thereof. [56 v.175, §98;
S. & C. 1470.]
Right of heirs to redeem, under act of 1831, without paying for improvements: Reynolds v. Lieper, 7 O.
(1 pt.) 17.
SEC. 2897. [Sale, etc., for taxes of lands and lots, etc., under perma-
nent lease.] Where lands or lots, liable to taxation, are held upon permanent
lease, and with the improvements thereon, are taxed in the name of the lessee,
if the same are suffered to become delinquent, and are brought to sale by the
county auditor, for the non-payment of the tax, interest, and penalty due thereon,
such sale shall be confined to the right of the lessee on the premises and the
improvements thereon, if the same shall be sufficient to meet the tax, interest,
and penalty, so assessed and due: provided, that nothing herein contained
shall be so construed as to require such lands or lots to be differently described
on the duplicate, or advertised in any separate or distinct form, or in any
other manner than other lands and lots under the provisions of existing laws.
[42 v. 62, §2 (3); S. & C. 1591.]
SEC. 2898. [Proceedings when land is returned delinquent, upon
which taxes were paid.] Where any tract of land or town lots shall be
returned delinquent for the non-payment of taxes, and placed on the duplicate
of the succeeding year, and the owner or person liable to pay taxes therefor
shall produce the receipt of the treasurer for such taxes of the preceding year,
it shall not be lawful for the county auditor or treasurer to make any deduction
from the duplicate of such tax, interest, or penalty, but the same shall be
chargeable to the treasurer, as if such receipt had not been produced: provided,
that it shall be the duty of the treasurer to receive such receipt in discharge of
the tax for the year that is returned delinquent, with the interest and penalty
and the auditor of the county shall credit such treasurer with the amount, and
shall forthwith proceed, by action, to collect such tax, interest, or penalty from
the treasurer who gave such receipt; and it shall be the duty of the prosecuting
attorney to attend to any such suit so commenced by the auditor. [43 v. 3, §1;
S. & C. 1592.]
1610
S$ 2899-2900.
FORFEITED LANDS.
Tit. XIII, Ch.8.
1
CHAPTER 8.
FORFEITED LANDS.
SECTION
2899. What lands are forfeited to the state, and their
assessment in the name of the state.
2900. How redeemed before sale by the state.
2901. Moneys so received to be charged to the treas-
urer.
SALE OF FORFEITED LANDS.
SECTION
2908. Certificate to purchaser of forfeited lands; survey;
deed; redemption by persons under disabilities ;
rights of parties if taxes have in fact been paid.
Purchaser of undivided interest may have par-
tition.
2909.
2910.
The purchaser deemed the assignee of the
state, and his lien for taxes to be protected
if he lose the lands.
2911. Auditor of state to keep record of forfeited
lands, and biennially forward copy thereof
to county auditor.
2902. These lands to be sold, as well those now for-
feited as those hereafter forfeited.
2903. The sale of forfeited lands.
2904. Duty of county auditor as to sale.
2904a. Publication of notice of list and sale of forfeited
2912.
2913.
lands.
When county auditor to make return of sale.
Apportionment of proceeds of sales, and
treasurer's percentage thereon.
2905. Form of notice of sale.
2914.
2906. Proceedings if lands not sold.
2907. How forfeited lands redeemed after sale, and
disposition of proceeds of sale.
2915.
When auditor of state may make deed for
lands heretofore sold for taxes.
When county or state auditor may make deed
after destruction or loss of certificate.
The act to facilitate the collection of forfeited and delinquent taxes in Lucas county
(77 v. 332) was amended, 88 v. 371.
SEC. 2899. [Lands not sold forfeited to the state; auditor to return
list of same to the auditor of state; to retain same on his duplicates.]
Every tract of land and town lot offered for sale by the treasurer, as herein be-
fore provided, and not sold for want of bidders, shall be and the same is hereby
declared to be forfeited to the state; and thenceforth all the right, title, claim,
and interest of the former owner or owners thereof, shall be considered as trans-
ferred to, and vested in, the state, to be disposed of as the legislature may by
law direct; and the county auditor shall, annually, return by his treasurer, a
separate list of all lands or town lots so forfeited, with the description thereof,
and the amount of tax due thereon, to the auditor of state, and all such lands
or lots shall be preserved on the duplicates until sold or redeemed, and the
taxes thereon regularly assessed, in the name of the state; which taxes shall
be returned, annually, by the treasurer as delinquencies, and credited to him
as other delinquencies, in his settlement. [56 v. 128, § 38; S. & C. 105.]
Lands can not be claimed as forfeited to the state, for the non-payment of taxes, without a strict compli-
ance with the statute authorizing the forfeiture: Woodward v. Sloăn, 27 O. S. 592; Kellogg v. McLaughlin,
8 O. 114.
The forfeiture vests the title in the state for the purpose only of security for taxes due and owing: The-
venin v. Slocum, 16 O. 519.
A forfeiture of land for unpaid taxes, predicated on unauthorized proceedings, is invalid: Woodward v.
Sloan, 27 O. S. 592,
Sale of land not affected by subsequent overcharge of tax: Winder v. Sterling, 7 O. (2 pt.) 191.
Forfeiture of land to the state does not divest the former owner of title from maintaining ejectment
against one not claiming title under the state: Thevenin v. Slocum, 16 O. 519; Woodward v. Sloan, 27 O. S. 592.
SEC. 2900. [Forfeited lands: how redeemed before sale by the state.]
If the former owner or owners of any tract of land or town lot, which may
be forfeited, as aforesaid, shall, at any time before the state shall have dis-
posed of such land or lot, pay into the county treasury of the county in which
such land or lot may be situated, or into the state treasury, all the taxes and
penalties due thereon at the time of such forfeiture, together with the taxes
and penalties which have since accrued on such land or lot (which sum shall
1611
Tit. XIII, Ch. 8.
FORFEITED LANDS.
§§ 2901-2904.
be ascertained and certified by the auditor) the state shall, in such case, relin-
quish to such former owner or owners, all claim to such land or lot; and the
county auditor shall then re-enter such land or lot on his tax-list, with the
name of the proper owner or owners. [56 v. 128, § 39; S. & C. 106.]
SEC. 2901. [Auditor to charge treasurer with all moneys received on
forfeited lands, and report the same to the auditor of state. The county
auditor shall charge the county treasurer with all moneys by him received
under the provisions of the preceding section; and shall make out an annual
list of lands and town lots, upon which payments shall have been made, as
aforesaid, specifying therein the proportion of such money belonging to the
state; and shall forward said list to the auditor of state, by the county treas-
urer, at the time of paying over the state tax, and the county treasurer shall
pay into the state treasury the state's proportion of such money, at the time he
pays the other taxes due the state. [56 v. 128, § 40; S. & C. 106.]
SALE OF FORFEITED LANDS.
SEC. 2902. [Lands, etc., forfeited to the state to be sold; proceedings
as to lands, etc., now forfeited.] The lands, in-lots, out-lots, and parts of lots,
which have become forfeited to the state, for the non-payment of taxes, and all
lands which may hereafter become forfeited to the state by the non-payment
of taxes, or otherwise, shall be sold and disposed of by the state, agreeably to
the provisions of this chapter. The auditor of state shall cause all lands,
in-lots, out-lots, and parts of lots, now forfeited to the state for the non-pay-
ment of taxes, and which have not since been purchased by the original owner
or owners, or any other person or persons, to be entered in a book to be provided
for that purpose, which entry shall set forth the name, by township and county,
as in case of other lands. [56 v. 175, § 99; S. & C. 1470.]
SEC. 2903. [The sale of forfeited lands.] The auditor of state shall,
annually, enter in the said book, all the lands, which shall hereafter become
forfeited to the state, for the non-payment of taxes; and the several county
auditors, once in two years, between the first Monday of September and the
first day of October, shall make out a list of all forfeited lands and lots, and for-
ward the same to the auditor of state, who shall, after comparing the same with
the record of forfeited lands in his office, and correcting any errors or omissions
in said list, return the said list to the several county auditors, who shall pro-
ceed to sell the same, agreeably to the provisions of this chapter; and all lands
and lots so offered for sale and not sold for want of bidders, and all lands and
lots so forfeited, which, for any cause, have not been, or hereafter shall not be,
so offered, shall be offered for sale under the provisions of this chapter, and not
sold for want of bidders, shall be again advertised and offered for sale, by the
county auditor, and [at] the next subsequent sales by him made, under this
chapter, until such lands and lots shall be sold. [1881, April 19: 78 v. 196;
Rev. Stat. 1880; 56 v. 175, § 100; (S. & C. 1470).]
Duty of auditor of state under act of 1831: Hannel v. Smith, 15 O. 134.
SEC. 2904. [Duty of county auditor as to sale; time and place of sale;
auditor to adjourn sales from day to day until sold.] The auditor of each
county on receiving from the auditor of the state the list of lands within his
county as aforesaid, in case the tax and penalties due thereon shall not have
been paid on or before the 15th day of October next ensuing, shall, forthwith,
thereafter, cause notice thereof to all concerned, to be advertised four weeks
successively, describing the lands in the same manner they are described on
the list furnished by the auditor of state, in a newspaper in the English
·
1612
§§ 2904a-2906.
FORFEITED LANDS.
Tit. XIII, Ch.8.
language printed in his county, if any such there be, and if not in some Eng
lish newspaper in circulation therein, and, except in counties containing cities
of the second grade of the first class, also in one newspaper of the German
language if there shall be printed and published a newspaper in the German
language and of general circulation in his county, that if the tax and penalties
charged on said list be not paid into the county treasury and the treasurer's
receipt produced therefor before the time specified in this chapter for the sale
of said lands (which day shall be named in said notice), that then and in that
case each tract so as aforesaid delinquent on which the taxes and penalties may
remain unpaid will, on the second Monday of December thereafter be exposed,
for sale at the court-house, or usual place of holding courts in such county, in
order to satisfy such taxes and penalties; and the auditor in each county shall,
on the said second Monday of December attend at the court-house, or usual
place of holding courts in said county, and proceed to sell the whole of each
tract of land as contained in said list, at public auction, to the highest bidder;
in selling whereof, he shall offer each tract separately, beginning with the first
tract contained in said list and so continue on through said list, until each
tract contained therein shall be sold; the county auditor is hereby authorized
to adjourn the sale therein specified from day to day until he shall have dis-
posed of or offered for sale each and every tract of land specified in the notice,
and the notice of sale required by this chapter to be given, shall set forth that
the sale will be so continued; provided, that nothing in this section shall be
so construed as to prevent said auditor from offering, in his discretion, any
tract of land two or more times at the same sale. [90 v. 349; 56 v. 175, § 101;
S. & C. 1471.]
SEC. 2904a. [Publication of notice of list and sale of forfeited lands.]
In all cases where any county auditor by inadvertance or mistake, has omitted
to cause the list of forfeited lands of his county, together with notice of the
sale thereof, to be published according to the requirements of law, it shall be
his duty, and he is hereby required, in case the taxes and penalty with which
the lands and town lots stand charged upon said list shall not have been paid
before the first day of March of the next succeeding year, to forthwith, after
said first day of March, cause said list, together with notice of the sale thereof, to
be published in all respects as required in said original section two thousand
nine hundred and four, saving and excepting that such notice shall specify that
said sale will begin on the second Monday in April next, instead of upon the
second Monday of December. [1886, February 23: 83 v. 16.]
SEC. 2905. [Form of notice of sale.] The notice of sale prescribed in
the next preceding section, shall be in substance as follows:
FORFEITED LAND SALE.
forfeited to the state for the non-payment
The lands, lots, and parts of lots in the county of
of taxes, together with the taxes and penalty charged thereon, agreeably to law, are contained and described
in the following list, viz:
[Here insert the list.]
And notice is hereby given, to all concerned, that if the tax and penalties charged on said list be not
paid into the county treasury, and the treasurer's receipt produced therefor, before the second Monday.in
December next, each tract, lot, and part of lot, so delinquent, as aforesaid, on which the taxes and penalties
remain unpaid, will, on the second Monday in December next, be exposed for sale at the court-house (or
usual place of holding courts, if not at a court-house), in said county, in order to satisfy such taxes and
penalties, and that said sale will be adjourned from day to day until each and every tract, lot, and part of lot
of land, specified in said list, shall have been disposed of, or offered for sale.
(Date of notice.)
[59 v. 56, §1; S. & S. 782.]
County Auditor.
SEC. 2906. [Proceedings if land not sold.] If any tract or parcel of
land shall not sell at such public sale for an amount sufficient to pay the taxes
and penalty which stand against such tract, the auditor shall return the same
1613
Tit. XIII, Ch. 8.
FORFEITED LANDS.
S$ 2907-2908.
as unsold, to be retained upon the list of forfeited lands, to be offered for sale
the next succeeding sale as other forfeited lands: provided, that if any such
tract or parcel of land may have heretofore been, or may hereafter be, offered
for sale two succeeding sales, as above provided, and shall still remain unsold,
the county commissioners of the county in which such tract or parcel of land
or town lot is situate, may, at their regular annual session in June preceding
the next regular sale, if in their opinion such tract or parcel of land is of less
value than the amount of taxes and penalty due upon it, having fixed a mini-
mum price for the same, order the auditor of the county to offer such tract or
parcel of land for sale at the next regular sale of forfeited lands, and to sell the
same to the highest and best bidder therefor, at not less than said minimum
price, irrespective of the amount of taxes and penalty due upon it, and such
sale shall convey the title to the said tract or parcel of land, divested of all
liability for any arrearages of taxes or penalty which may remain after apply-
ing the amount for which it was sold thereon. [56 v. 175, § 102; S. & C. 1471.]
SEC. 2907. [How forfeited and sold lands may be redeemed; excess
of purchase money to be paid to owner, and when; if doubtful who is
owner, how to proceed.] Whenever any tract or parcel of land shall be here-
after sold, under the provisions of this chapter, at forfeited sale, any person
desiring to do so, may redeem the same, at any time within six months from
the sale thereof, by depositing with the county treasurer, as is provided in
chapter seven of this title, with reference to the redemption of lands sold as
delinquent, the amount of said sale, together with fifty per centum thereon,
and by paying all other expenses incidental to, and arising from said sale:
provided, however, that if any of said forfeited lands shall be sold for a greater
sum than the tax, interest, penalty, and costs, it shall be the duty of the
auditor to charge said treasurer separately in each case, in the name of the
supposed owner, with the excess above said tax, interest, penalty, and costs;
and such treasurer shall retain in the treasury of his county the said excess, for
the proper owner of said forfeited lands, and upon demand by such former
owner, within six years from the day of such sale, pay such excess to said
former owner; and in case said treasurer, upon such demand, shall not be fully
satisfied as to the right of the person demanding the same to receive it, or in
case of different claimants, it shall be the duty of said treasurer to commence a
civil action by filing a petition of interpleader, in the court of common pleas of
the county where such land was sold, wherein he shall make the person or
persons claiming such excess, and the state, defendants, and such action shall
be proceeded in as other civil actions; and, in all cases, the costs of such pro-
ceedings shall be paid by the person or persons claiming said excess, as the
court shall order; and it shall be the duty of the prosecuting attorney of the
county to attend to the same, in behalf of the treasury. [56 v. 175, § 103;
S. & C. 1472.]
SEC. 2908. [Certificate to purchaser of forfeited lands; survey; deed;
redemption by persons under disabilities; rights of parties if taxes have in
fact been paid.] The county auditor in each county, on a sale being made by
him, of a tract of land to any person, under this chapter, shall give to such
purchaser a certificate of such sale; and if the land so sold be not an entire
original tract, and the county auditor shall deem it necessary, such certificate
shall be directed to the county surveyor of his county, requiring such surveyor
to proceed at the request of the purchaser, his heirs, or assigns, to ascertain the
boundaries of the tract of land so purchased, unless such tract is held in
common with some other person; in either case, on producing or returning to
the county auditor the certificate of sale where the tract sold is an entire
original tract, or where the tract of land so sold is held in common with some
other person, or on producing the plat and certificate of the county surveyor,
1614
§§ 2909-2910.
FORFEITED LANDS.
Tit. XIII, Ch.8.
attached to a copy of the certificate of sale, the county auditor shall, on the
purchaser, his heirs, or assigns, paying to him the sum of one dollar and
twenty-five cents, execute and deliver to such purchaser, his heirs, or assigns, a
deed therefor, in due form, which deed shall be prima facie evidence of title in
the purchaser, his heirs, or assigns; provided, that if any land sold by virtue
of this chapter, is the property of any person within the age of minority, of
unsound mind, or imprisoned, such person may redeem the same within the
time and in the manner prescribed by chapter seven of this title, with reference
to the redemption of lands sold as delinquent; provided, that the sale of any
tract or lot of land under the provisions of this chapter, on which the taxes
have been regularly paid previous to such sale, is void; and the purchaser, his
heirs, or assigns, on producing the certificate of sale to the auditor of state, shall
have his money refunded to him from the state treasury; and the auditor shall
pay the same out of money appropriated for refunding taxes twice or improp-
erly paid. [1886, April 14: 83 v. 74, 75; Rev. Stat. 1880; 56 v. 175, § 104; (S. & C.
1472.)]
As to effect of deeds under sale of delinquent lands, see? 2877.
An auditor's deed for lands sold as forfeited lands, is prima facie evidence of title, without preliminary
proof: Turney v. Yeoman, 14 O. 207; Stanberry v. Sillon, 13 O. S. 571; Woodward v. Sloan, 27 O. S. 592.
But the validity of the deed may be destroyed by showing that the requirements of the statute have not
been complied with: Turney v. Yeoman, 16 O. 24; Woodward v. Sloan, 27 O. S. 592.
The description of the land must be definite and certain: Turney v. Yeoman, 16 Q. 24; Lafferty v. Byers,
5 0.458.
Deed as evidence: Cottage, etc., Bldg. Assn. v. Bacon, 2 N. P. 295; 10. D. 197
See, also, note to ? 2881.
SEC. 2909. [Purchasers may have partition as in other cases.] Any
person or persons claiming any land, in-lot, out-lot, or part of lot, by virtue of
any sales made by the provisions of this act, as tenant in common with any
other person or persons, may apply for partition of the same, in the same man-
ner as now is or may be provided for the partition of real estate; and on pre-
senting the county auditor's deed, the court, before whom application for par-
tition, as aforesaid, is made, shall set off to such person or persons the land
claimed in said deed as his or their share, in the same manner as prescribed by
law for the partition of estate or estates, in lands, tenements, or hereditaments
of joint tenants, tenants in common, and co-parceners. [56 v. 175, §105;
S. & C. 1473.]
Where tax sale is invalid, the purchaser can not have partition: Turney v. Yeoman, 16 O. 24.
SEC. 2910. [The purchaser deemed the assignee of the state: his lien;
may recover, if ejected, the taxes, etc.; and how; and not to be evicted
until taxes, etc., refunded.] The purchaser of any such lands, his heirs, or
assigns, shall, from the day of such purchase, be taken in all courts as the
assignee of the state of Ohio; and the amount of taxes and penalties charged
on the said land at the time it was sold, together with all legal taxes afterward
paid thereon by such purchaser, his heirs or assigns, shall operate as a lien on
said lands, and may be enforced as any other lien. In all cases where any
claimant of any lands heretofore sold, or which may hereafter be sold for the non-
payment of taxes, under any law of the state, his heirs or assigns shall recover,
by action or otherwise, the land so sold, as aforesaid, for taxes, such claimant,
his heirs or assigns, shall be liable to refund to the purchaser, his heirs or
assigns, the amount of taxes and penalties due to the state on the land when
sold, together with all other taxes paid thereon by such purchaser, his heirs or
assigns, up to the time of recovery, with interest; to be recovered, by action or
counter-claim or otherwise, as the case may require; and the same shall be
required to be paid to the person or persons entitled thereto, before such per-
son or persons shall be evicted or turned out of possession by any claimant
recovering, by action, the land so sold for taxes. [56 v. 175, § 106; S. & C. 1473.]
As to delinquent land, see ? 2880.
Dower cut off by the sale: Tullis v. Peirano, 9 C, C. 647; aff'd 57 O. S. 661.
Also all prior taxes, as the Dow tax lien, not on the duplicate at the time of sale: Lohaus v. Haggerty,
7 C. C. 408, 410.
1615
Tit. XIII, Ch. 8.
FORFEITED LANDS.
§§ 2911-2915.
SEC. 2911. [Auditor of state to keep record and forward list of lands
hereafter forfeited in alternate years; lands redeemed to be transferred on
county tax-list.] It shall be the duty of the auditor of state to open and keep
up the records required by this chapter, and to send out for sale, in alternate
years, the lands and town lots hereafter forfeited to the state, and to be gov-
erned in all things in the future disposition of such lands and lots by the pro-
visions of this chapter. Upon the redemption of any such lands or lots, or the
sale thereof under the provisions of this title, the county auditor shall transfer
the same on his tax-list from the state of Ohio to the proper owner or pur-
chaser thereof; for which transfer he shall not be entitled to receive fees.
[56 v. 175, § 107; S. & C. 1473.]
SEC. 2912. [When county auditor to make return of sale.] The county
auditor of each county, selling any forfeited land under the provisions of this
chapter, shall, within ten days after such sale, make return thereof to the audi-
tor of state. [56 v. 175, § 108; S. & C. 1474.]
SEC. 2913. [Apportionment, etc., of moneys, arising from sale of for-
feited lands; treasurer's fees.] The county auditors shall apportion to their
several funds, and pay over to the county treasurer of the proper county, the
amount of moneys received from the sale of lands and town lots forfeited to
the state for the non-payment of taxes, after deducting the expenses of adver-
tising, distributing said amount to the several funds for which said taxes were
originally levied, and the county treasurer shall apply them accordingly, and
shall receive two per centum on all moneys by him received, as provided in
this section, and no more. [56 v. 175, § 109; S. & C. 1474.]
SEC. 2914. [Auditor to make deeds for lands heretofore sold for taxes ;
effect of such deeds; fees for executing deeds.] The auditor of state is
hereby authorized to make a deed for any tract or part of any tract of land
that has heretofore been sold for taxes, in the same manner that the collectors
of land tax of non-residents, sheriffs, collectors of counties or townships, were
authorized to do, by virtue of the laws heretofore in force on that subject; and
to the deed or deeds thus made the auditor shall affix his seal of office, which
shall be evidence of the execution of such deed; such deed shall have all the
force and effect of deeds heretofore made by the collectors of land tax of non-
residents, sheriffs, collectors of counties or townships; and for every deed thus
executed he shall be entitled to receive seventy-five cents. [31 v. 23, § 1; S. & C.
113.]
SEC. 2915. [Deeds: how obtained when certificates lost or mislaid;
effect of such deed.] In case any certificate or certificates have been at any
time issued to any purchaser or purchasers of lands sold, either as delinquent
or forfeited for taxes, under any of the acts heretofore passed on that subject,
which certificate or certificates having been mislaid, destroyed, or lost, and that
fact being shown to the auditor of state or county auditor, as the case may be,
and no deed or deeds having been executed therefor, said auditor of state or
county auditor, as the case may be, being fully satisfied from evidence, of the
existence and loss of any such certificate or certificates, shall, on application
for that purpose, proceed to make and execute to such purchaser or purchasers,
a good and sufficient deed or deeds of conveyance for any such tract or tracts of
land; which deed or deeds shall be as good and valid in law, to all intents and
purposes, as if such certificate or certificates had not been mislaid, destroyed,
or lost. [31 v. 23 (22), § 2; S. & C. 113.]
1616
}
Tit. XIV.
PRIMARY ELECTIONS.
Ch. 1.
TITLE XIV. Elections.
PRESIDENTIAL ELECTIONS.
CHAPTER 1. PRIMARY ELECTIONS.
CHAPTER 2.
CONDUCT OF ELECTIONS.
CHAPTER 3.
CHAPTER 4.
CHAPTER 5.
STATE, COUNTY, AND TOWNSHIP ELECTIONS.
CONTESTS OF ELECTION.
CHAPTER 6. CORRUPT PRACTICES ACT.
CHAPTER 1.
PRIMARY ELECTIONS.
SECTION
2916. When the provisions of this chapter apply.
2917. Notice: time of in Cincinnati.
2918. Notice: when to be published and posted.
2919. Oath of supervisor; "judges and clerks; their
oath; control in cities of first and second
class, and Montgomery county; special
judges and clerks; number of primaries;
certificates and returns; Montgomery coun-
ty; canvass; opening and closing polls;
compensation; expenses; penalties; prox-
2920. Challenges; by whom and for what cause
made.
ies.
1921. Duty of the judges when vote challenged.
2921a. Presence of candidate or representative at
counting; persons to keep one hundred feet
from polls; penalty.
IN BUTLER COUNTY.
SECTION
2921-23. As to legality of voter; alienage and non-
age; promise, etc.; not a member of poli-
tical party-who is?-proceedings; affi-
davit; refusal to answer, or other dis-
qualification; may examine witnesses
and reject vote.
2921-24.
2921-25.
2921-26.
Registration; secretary of board to issue
certificates.
Saving clause.
Vacancies.
2921-27. Saving clause.
2921-28. Repeal.
2921-29. Compensation and
county.
expenses in Butler
IN CINCINNATI AND HAMILTON COUNTY.
2921-30. Primary or nominating elections in Cincin-
nati and Hamilton county.
2921-31.
2921-1. Application of act.
2921-32.
2921-2. Days for such elections.
2921-3. Plurality decisive.
2921-33.
2921-4. Where held; penalties for fraud.
2921-5. Judges and clerks.
2921-6. Opening and closing polls.
2921-7. Ballot-box for each party.
2921-8. Marking ballot-boxes.
2921-9. Other primary elections.
2921-10. Committee's duty to make application.
2921-11. Board of elections; arrange, if application
granted; compensation.
2921-12. When but one party; special judges and
clerks.
2921-13. Police, etc.; powers of.
2921-14. Printing and distributing ballots; nomina-
tion papers, how made.
2921-15. Ballots to be designated.
2921-16. Canvassing the vote.
2921-17. Board of elections to canvass returns; a tie
vote.
2921-18. List of candidates for official ballot.
2921-19. Challengers.
2921-20. Only legal voters.
2921-21. Voters disqualified by promise, etc.
2921-22. Duty of challengers and judges.
2921-34.
Days for such election; time polls to remain
open; powers and duties of board of elec-
tions for such county.
Nominations; manner of conducting elec-
tions; petitions.
Who may vote; where; who deemed a
member of any political party; when reg-
istration is required registers for last elec-
tion shall be in use; none to vote except
registered elector; exceptions; name of
applicant to be entered on register; elec-
tion of delegates to nominating conven-
tions: board of elections to canvass re-
sult, etc.; tie vote; vacancy in list of
nominations; judges to canvass vote and
make return; issuing of certificates of
election to committeemen; board of elec-
tions to canvass vote and declare result
where candidates are voted for in more
than one precinct.
When but one of the leading political par-
ties; special judges and clerks.
2921-35. Compensation of judges and clerks.
2921-36. Certain laws made applicable to this act;
forging name of another to document,
etc., to be used at election; penalty; at-
tempting to vote with knowledge of not
being a voter, or attempting to vote un-
der false name; impersonating another
voter.
1617
Tit. XIV, Ch. 1.
PRIMARY ELECTIONS.
§§ 2916-2919.
SEC. 2916. [When the provisions of this chapter apply.] When any
voluntary political association or party, in any district, county, township, or
municipal corporation, causes notice of the holding of any primary election to
be published, as provided in the next two sections, such election shall be held
and conducted under the provisions of this chapter. [68 v. 27, § 7.]
Deputy state supervisors empowered to provide polling places in Montgomery county,
90 L. L. 371.
SEC. 2917. [Notice: time of in Cincinnati.] Such notice must be or-
dered by a vote of the majority of the executive, central or controlling com-
mittee of such association or party, and state the authority by which it is pub-
lished, the purpose, time, manner, conditions, and places of the holding of
such primary elections, the name of a legal voter of the precinct, who is to
preside and supervise at such poll, and shall prescribe the qualifications, not
inconsistent with the provisions of this chapter, of the persons to vote at such
election; provided, that in cities of the first grade of the first class all primary
elections shall be held between the hours of four p. m. and seven p. m. [1886,
May 17 83 v. 190; Rev. Stat. 1880; 74 v. 163, § 1.]
SEC. 2918. [Notice: when to be published and posted.] At least five
days previous to any such election, such notice shall be published in newspapers
printed and of general circulation in each county of the district, or, where the
election is held in the territory of a single county, in such newspaper of that
county; but the publication shall not be required in any county in which no
newspaper is printed; the notice shall also be posted in at least three public
places in each precinct within the territory in which the election is to be held;
and proof that the notice was so posted in the other precincts shall not be
required to show that any such election was legally held at any precinct in
which the same was duly posted. [68 v. 27, § 2.]
SEC. 2919. [Oath of supervisor; judges and clerks, except in Dayton
and Montgomery county; their oath; control in cities of first class, and
second class second grade, and Montgomery county; conduct of elections;
special judges and clerks; number of primaries; certificates and returns;
Montgomery county; canvass; opening and closing polls; compensation;
expenses; penalties; proxies.] The person named in the notice as super-
visor, or, in his absence or refusal to serve, the person assuming or chosen by
the electors present to be such supervisor, shall take an oath that he is a legal
voter at such poll, that he will correctly and faithfully conduct such election,
protect it against all frauds and unfairness, and carefully and truly canvass all
votes cast thereat, in the manner required by the authority appointing the
election; and thereupon, except in cities of the second grade of the second class
and in counties containing a city of the second grade of the second class, the
supervisor shall cause the electors present, possessing the qualifications of per-
sons entitled to vote under the notice to choose two judges and two clerks of
elections to assist him in receiving and taking account of the votes cast, to each
of whom shall be administered the same oath taken by the supervisor; and a
township trustee or clerk, or an alderman, a member of council, trustee or clerk
of a municipal corporation, or a supervisor of election, who has been duly
sworn, may administer the oath prescribed in this section; provided, in cities.
of the first class, and of the first and second grades in the second class, such
primary elections shall be under the control of the board of elections, and the
polling places shall [be] fixed by such board, and provided further, that in
counties containing a city of the second grade of the second class, such primary
elections, in the precincts outside of such city shall be under the control of the
board of deputy state supervisors of elections for such county, who shall fix the
polling places. Such primary elections shall be conducted as required for
general elections by section 2926 and supplementa' sections, so far as those sec-
103
1618
$2919.
PRIMARY ELECTIONS.
Tit. XIV, Ch. 1.
tions are applicable, and the election officers shall have the powers therein con-
ferred, and the requirements and penalties therein provided shall be enforced.
There shall be two judges and a clerk at each polling place opened for the recep-
tion of ballots, who shall belong to the party or association holding the election,
and who shall be assigned to duty by the board of elections or such board of
deputy state supervisors of elections, as the case may be. When necessary to
comply with the above requirements the board of elections or deputy state su-
pervisors of elections shall appoint special judges and clerks for primary elec
tions and assign them to duty, but the board of elections or deputy state super-
visors of elections shall not be required to hold such primary election for more.
than two political parties preparatory to nominating candidates for any one elec-
tion, but at its own discretion it may hold such additional elections. At the
close of the canvass, the judges and clerks shall sign and deliver to the candidate
having the highest number of votes for each office, or appointment to be filled,
a certificate of his election and shall make out a summary statement of votes
as required in section 2926p and dispatch it to the chairman of the committee
of the party holding the election, and also forthwith deliver the poll-book and
tally-sheet, duly made up and certified to the board of elections or deputy state
supervisors of elections, as the case may be, and in counties wherein there is a
city of the second grade of the second class, where such primary election is to
nominate candidates for county offices, the poll-books and tally-sheets from all
the precincts in the county shall be returned by the supervisors or judges of
election to the deputy state supervisors of elections, who shall canvass the re-
turns and declare the result, and in such counties and in cities of the second
grade of the second class, when such primary elections are held and the returns
are made as aforesaid, it shall not be necessary to file nomination papers, but
the persons appearing from such returns to be nominated shall be considered
as the candidates for the respective offices and their names shall be printed
upon the appropriate party ticket, and, except in cities of the second grade of
the second class and in counties containing such cities, in cases of doubt or
dispute the executive committee as aforesaid, or a committee to be appointed
by it, shall canvass the summary statements in the hands of the chairman, and
declare the result; and such committee, in order to arrive at a correct result,
may also consult and take into account the poll-books and tally-sheets in the
office of the board of elections. The polls for such elections shall be opened at
4 o'clock p. m., and shall be closed at 7 o'clock p. m., unless otherwise arranged
by the board of elections, or deputy state supervisors of elections. Judges and
clerks shall be paid two dollars each for every such election at which they
serve in the cities and counties above mentioned and each judge or super-
visor delivering the returns as aforesaid, to the deputy supervisors of elec-
tions shall be allowed five cents a mile for the distance traveled by him in de
livering same and returning to his home, to be paid in the manner provided
for general elections. And where in cities of the second grade of the second
class and in counties containing such a city, such primary election is for the
nomination of candidates for other than municipal, ward or township offices,
the pay of the judges, clerks, supervisors, rent of polling places and other ex-
penses, shall be paid out of the county funds in the manner provided for pay-
ing same at general elections. The penalties relating to delegates to any con-
vention and providing against fraudulent voting in the sections of the Revised
Statutes from 7039 to 7066, inclusive, shall be enforced for the same offense at
all primary elections held in this state. No delegate to any political conven-
tion in this state shall have power, by proxy or otherwise, to designate another
person to serve as a delegate in his place or stead, and any person elected by a
primary meeting to serve as a delegate to a convention, who shall give any
power or proxy to another to serve in his place or stead, shall be guilty of a
1619
Tit. XIV, Ch. 1.
PRIMARY ELECTIONS.
$2920
misdemeanor, and be fined in a sum not less than twenty-five dollars nor more
than one hundred dollars for every such offense. [92 v. 193; 84 v. 188, 189.]
By the act of 1886, May 17 (83 v. 191), 22 2919a and 2919b, relating to the compensation and expenses of
judges and clerks, and prescribing a penalty for refusal, were created. Section 29196 was amended in 84 v. 188.
Both 2919a and 229196 were repealed in 85 v. 337, 339.
A
SEC. 2920. [Challenges: by whom and for what cause made.]
qualified elector under the notice may challenge any vote offered, because the
person offering it is not entitled to vote under the notice, or is not a citizen of
the United States, or can not be at the next election a legal voter of the precinct,
or has received or been promised, directly or indirectly, any money, fee, or
reward for his vote for any candidate at such election, or has voted before on
the same day, at that or some other precinct, in the same election. [68 v. 27,
$4.1
SEC. 2921. [Duty of the judges when vote challenged.] Thereupon
the supervisor, or one of the judges, shall administer to the person offering to
vote an oath that he will true answer make to such questions as may be put to
him touching his qualifications to vote at such election, and shall interrogate
him as to his qualifications; if such person refuse to be sworn, or, being sworn,
refuse to answer any question, his vote shall be rejected; but if the oath be
taken, and the questions be answered satisfactorily, and he be not successfully
contradicted by the sworn testimony of witnesses who may be called, his vote
shall be received, and the word "sworn" shall be noted opposite his name on
the poll-book. [68 v. 27, § 4.]
The probate judge can not appoint in the absence of recommendation of the political parties before the
first Monday of July. State ex rel. v. Finger, 48 O. S. 505.
SEC. 2921a. [Presence of candidate or representative during count;
persons to keep one hundred feet from polls; penalty.] That in all primary
elections held in pursuance of and under the provisions of this chapter, the
supervisor of elections or the judges thereof, shall, if requested by any candi-
date interested in the selection of delegates, permit such candidate or a repre-
sentative to be selected by such candidate, to be present in the room where the
judges are during the time of receiving and counting the ballots; and at all
elections held within the boundary of any municipal corporation during the
receiving and counting of the ballots, no persons shall congregate or loiter upon
the streets, alleys and sidewalks within one hundred feet of the polling place
of any election, or within such distance of one hundred feet to give or to tender
or exhibit any ballot or ticket to any person other than to a judge of the elec-
tion, or to exhibit any ticket or ballot which he intends to cast, or within such
distance to solicit or in any way to attempt to influence any elector in casting
his vote. Any person willfully refusing or neglecting to perform any of the
duties prescribed in this act or any person willfully violating the provisions
thereof shall be deemed guilty of a misdemeanor and upon conviction thereof
he shall be fined not less than five nor more than fifty dollars, or imprisoned
in the county jail not less than five days nor more than thirty days, or both, at
the discretion of the court. [92 v. 377.]
IN BUTLER COUNTY.
(2921-1) SEC. 1. [Application of act in Butler county.] In all coun-
ties containing a city of the third grade b of the second class, all elections, com-
monly known as primary elections, for the purpose of selecting candidates for
county or municipal officers, or members of the board of education, or members
of the legislature, to be voted for at general elections, shall be held and con-
ducted according to the provisions of this act. This act shall apply to any
political party which, at the last November election polled not less than one
per centum of the entire vote cast in the county. [91 v. 769.]
1620
§ (2921-2).
PRIMARY ELECTIONS.
Tit. XIV, Ch. 1.
(2921-2) SEC. 2. [Days for such elections.] Such elections, when
held to make nominations for candidates to be voted for at the April elections,
shall be held on the first Saturday in March; and when held to make nomina-
tions of candidates to be voted for at the election in November, they shall be
held on the first Saturday in August. [91 v. 769.]
(2921-3) SEC. 3. [Plurality decisive.] All nominations of candidates
in said counties, shall be made by a plurality of the lawful electors of the party,
except as otherwise provided for in this act. [91 v. 769.]
(2921-4) SEC. 4. [Where held; penalties for fraud.] Primary elec-
tions herein provided for shall be held at the usual polling places, and shall be
conducted as required by law for general elections. The penalties providing
against fraudulent voting, in the sections of the Revised Statutes from seven
thousand and thirty-nine to seven thousand and sixty-six, inclusive, shall be enforced
for the same offenses at all primary elections held in this state. [91 v. 769.]
(2921-5) SEC. 5. [Judges and clerks.] The judges and clerks of elec-
tions shall be the judges and clerks of such primary elections, and shall be
charged with the same powers and duties, and shall be subject to the same
penalties, and shall receive the same compensation, to be paid in the same
manner as provided by law for general elections. [91 v. 769.1
(2921-6) SEC. 6. [Opening and closing of polls.] The polls shall be
opened at six o'clock A. M. and shall be closed at three o'clock P. M. [91 v. 769.]
(2921-7) SEC. 7. [Ballotbox for each party.] There shall be a sepa-
rate ballot-box at each polling place, provided for each party holding an election,
and the ballot of each voter shall be placed in the ballot-box designated for the
party to which he belongs. [91 v. 769.]
(2921-8) SEC. 8. [Marking ballotboxes.] Each ballot-box shall be
plainly marked with the name of the political party whose ballots are to be
placed therein, by letters printed thereon, or by a card attached thereto and
shall be so placed that the designation may be easily seen and read by each
voter. [91 v. 769.]
(2921-9) SEC. 9. [Other primary elections.] Primary elections to
choose candidates to be voted for at a special election, and for elections not
named herein, shall be held under this act, except as otherwise herein pro-
vided. [91 v. 769.]
(2921-10) SEC. 10. [Committee's duty to make application.] In
such cases, the executive, central or controlling committee of the political party
requiring the primary election, shall, by a majority vote certified by the chair-
man and secretary, make an application to the board of elections or supervi-
sors of elections, and the board shall grant it. [91 v. 769.]
(2921-11) SEC. 11. [Board of elections to make arrangement if ap-
plication granted; compensation.] Such board shall fix the day for such
primary election not less than fifteen days after public notice, shall fix the poll-
ing places and assign the judges and clerks to duty, and make all needful
preparation. For such elections the judges and clerks shall each receive two
dollars as full compensation, to be paid by the county if the nominations are
for county officers, and if for municipal officers by the municipality. [91 v.
769.]
(2921-12) SEC. 12. [When but one party; special judges and clerks.]
In all cases where but one political party shall engage in a primary election,
only judges and clerks of that party shall be assigned to duty, and the board
of elections or deputy state supervisor[s] shall appoint special judges and
clerks, whenever necessary, to serve at such primary elections. [91 v. 769.]
1621
Tit. XIV, Ch. 1.
PRIMARY ELECTIONS.
§ (2921-13).
(2921-13) SEC. 13. [Police, etc.; powers of.] At all primary elections
the board of elections and the police authorities shall have the same powers,
and perform the same duties, as in the conduct and protection of general elec-
tions. [91 v. 769.]
6.
(2921-14) SEC. 14. [Printing and distributing ballots; nomination
papers, how made.] The directions for printing and distributing the ballots,
and for preparing and casting them, as provided for at general elections, shall
be observed, except that all nominations of candidates to be voted for at pri-
mary elections, shall be by nomination papers, as provided in section 7 of an
act To insure the secrecy of the ballot, and for other purposes," passed April
18, 1892 (O. L. vol.89, p. 434), (§ (2966—20)) and no name shall be printed upon
any ballot, unless so nominated by a paper signed by at least twenty legal
voters, if the nominee be a candidate only in one election precinct; by not less
than fifty legal voters if a candidate only in a single ward or township, and by
not less than one hundred legal voters if a candidate throughout any county,
or any city of the first or second class; and section 6 of an act entitled "An act
to provide for the mode of conducting elections, to insure the secrecy of the
ballot and prevent fraud and intimidation at the polls, and to repeal certain
statutes therein named," passed April 18, 1892 (2966—18), in so far as it is
inconsistent and in conflict with the provisions hereof, is modified and limited
in its operations, and is hereby declared void as to such inconsistency, but not
otherwise. [91 v. 769.]
(2921-15) SEC. 15. [Ballots to be designated.] Ballots for each polit-
ical party shall be printed separately, and the name or designation of the party
Republican, "Democrat," and so forth, shall be printed on the back of the
ballot, immediately below the words "official ballot." [91 v. 769.]
<<
(2921-16) SEC. 16. [Canvassing the vote.] At the close of the polls
the judges and clerks shall proceed without delay to canvass the vote, and
make return of the same as required by law for general elections. [91 v. 769.]
(2921—17) SEC. 17. [Board of elections to canvass returns; a tie
vote.] On Monday, next following each election, at ten o'clock A. M. the board
of elections or deputy supervisors shall meet and organize as a canvassing
board. They shall then canvass the vote and declare the result as provided by
law for general elections. If the result can not be determined from the votes
cast, for the reason that more than the number of persons to be nominated
have an equal number of votes for the same office, then the officers whose duty
it is to ascertain the persons nominated shall determine by lot which of such
persons shall be declared nominated. [91 v. 769.]
(2921-18) SEC. 18. [List of candidates for official ballot.] When the
election has been held to make nominations of candidates to be voted for at
the ensuing general election, the board of elections or deputy supervisors shall
officially publish the names of the persons who have been nominated, and
these names shall be placed upon the official ballot as the candidates of the
party nominating them. [91 v. 769.]
(2921-19) SEC. 19. [Challengers.] The judges of election shall, upon
application, admit to the polling-room persons to act as challengers, sufficient
in number to represent the several parties engaged in the election. Such chal-
lengers, shall have the privileges and opportunities required in section 2926n
of the Revised Statutes. [91 v. 769.]
(2921-20) SEC. 20. [Only legal voters.] No person shall be permit-
ted to vote at any primary election in any of said counties, held under this
act, unless he is a legal elector as defined by the laws of this state. [91 v. 769.]
1622
§ (2921-21).
PRIMARY ELECTIONS.
Tit. XIV, Ch. 1.
(2921-21) SEC. 21. [Voters disqualified by promise, etc.] Nor shall
any person be allowed to vote who has received or been promised any money,
fee, appointment, or other reward, either directly or indirectly, either for his
vote, or contingent upon the result of the primary election, or of the next suc-
ceeding general election. [91 v. 769.]
(2921-22) SEC. 22. [Duty of challengers and judges.] It shall be
the duty of the challengers and of the judges, and the right of any elector,
whenever they have reason to doubt the legality of any vote that may be
offered, to interpose a challenge. [91 v. 769.]
(2921—23) SEC. 23. The causes of challenge shall be:
1. [As to legality of voter.] That the person is not a legal elector at this
polling place. Under this challenge, the provisions of the statutes governing
electors as to citizenship, residence, age and all other particulars and require-
ments shall be enforced.
[Alienage and non-age.] Persons, who by reason of alienage or non-age
have not registered as electors, may be allowed to vote upon satisfactory proof
of possessing all other qualifications of an elector, and making affidavit as re-
quired herein.
2. [Promise, etc.] That the person challenged has received or been prom-
ised some valuable reward or consideration for his vote.
3. [Not a member of political party-who is ?-proceedings.] That he
has not formerly and hitherto been a member of the political party with which
he now claims to vote. If it shall appear that he is not a member of the party
with which he now claims the right to vote, that is, if he has never acted and
voted with such party, or having so acted and voted he has by act and vote re-
nounced his former party allegiance, and has not renewed it, then his vote shall
be rejected as to all parties in the pending election. Upon challenge being made,
one of the judges shall administer to the person challenged an oath that he will
make true answer to all questions asked him touching his right to vote, and
thereupon he shall be examined as to his qualifications as an elector.
[Affidavit.] Before any challenged person shall be allowed to vote, he shall
also make, and subscribe to, an affidavit before one of the judges, blanks for
which shall be furnished by the board of elections, giving his age, residence,
nationality, citizenship, how long a resident of the voting precinct, county and
state, and every other fact required to qualify him as a legal voter at this elec-
tion, which affidavit shall be returned to the office of the board of elections or
deputy supervisors with the poll-books and tally-sheets.
[Refusal to answer, or other disqualification-may examine witnesses
and reject vote.] If he refuses to be sworn, or being sworn refuses to answer
any question, or if his answers show that he lacks any of the qualifications
herein required to make him a legal voter at such primary election, his vote
shall be rejected. The judges, or either of them, shall have the power to make
further investigation, and he or they may call and examine witnesses as to the
qualifications of the person challenged, and if not satisfied that he is a legal
voter under this act, they shall reject his vote. [91 v. 769.]
(2921-24) SEC. 24. [Registration; secretary of board to issue
certificates.] If, however, in any locality where registration is required of
electors, the name of such challenged person shall not appear upon the list of
registered voters, he may nevertheless establish his right to vote by other
evidence; but in all such cases he shall show that he possesses all the other
legal qualifications of a voter, and must execute an affidavit setting forth every
item of information required in registration, as set forth in section 2926, and
supplemental sections of these statutes.
1623
Tit. XIV, Ch. 1.
PRIMARY ELECTIONS.
§ (2921--25).
The secretary of the board of elections shall, upon application of any reg-
istered elector who has removed from the election precinct where he is regis-
tered, issue a certificate, setting forth the facts and the items of such registra-
tion, and this certificate shall be proof of the fact of registration, but shall not
dispense with other proofs required herein. Such certificates shall, upon pre-
sentation to any board of election judges, be taken up, and canceled, and de-
livered at the office of the board of elections with poll-books and tally-sheets.
[91 v. 769.]
(2921-25) SEC. 25. [Saving clause.] That nothing in this act shall be
construed to make inoperative or to interfere with, or in any way affect or
modify, section 7 of an act entitled "An act to provide for the mode of con-
ducting elections, to insure the secrecy of the ballot and prevent fraud and in-
timidation at the polls, and to repeal certain statutes therein named," passed
April 18, 1892 (O. L. vol. 89, p. 434, § (2966—20). [91 v. 769.]
(2921-26) SEC. 26. [Vacancies.] That on and after the first Monday
in August, 1894, any vacancy which may occur from any cause whatsoever up-
on any ticket in any of said counties, or municipalities, shall be filled by the
executive, or central, or controlling committee of that county, or municipality,
of the party upon whose ticket the vacancy occurs. [91 v. 769.]
(2921-27) SEC. 27. [Saving clause.] That nothing in this act shall
affect or invalidate the nomination of any candidates to be voted for in Novem-
ber, 1894, which was made prior to the taking effect of this act. [91 v. 769.]
(2921-28) SEC. 28. [Repeal.] That sections 2916, 2917, 2918, 2920 and
2921, and all acts and parts of acts, in so far as they may be inconsistent or in
conflict with the provisions hereof, are hereby declared void as to such incon-
sistency, but not otherwise. [91 v. 769.]
(2921-29) SEC. 29. [Compensation and expenses in Butler county.]
In any county containing a city of the third grade 6 of the second class where
primary elections for the nomination of officers to be voted for at general or
special elections are conducted under the Anstralian primary election laws,
and for special elections held under the supervisory election laws, the deputy
state supervisors of elections and the clerk of such board in and for such coun-
ty, shall be paid for their services the sum of one hundred dollars per annum,
payable quarterly out of the treasury of the county. The compensation above
provided for, and all necessary traveling expenses of every description incurred
in the performance of the duties of such deputy supervisors and clerk shall be
defrayed out of the county treasury upon vouchers of such board, certified by
its chief deputy and clerk, specifying in every voucher the actual services,
items of expense, and prices and rates in detail, which shall be allowed by the
county auditor, and upon his warrant paid by the treasurer of such county,
and the county commissioners shall make the necessary levy to meet the same.
[92 v. 732.]
CINCINNATI AND HAMILTON COUNTY.
(2921-30) SEC. 1. [Primary or nominating elections in Cincinnati
and Hamilton county.] Primary or nominating elections, in cities of the first
grade of the first class, and in any county containing such city, for nominat-
ing county or township or municipal officers, or judicial officers chosen by the
voters of such city or county, or members of the general assembly or represen-
tatives in congress, or members of central, controlling or executive committees
of political parties shall be held according to the provisions of this act, and
persons not nominated in accordance therewith, shall not be considered candi-
dates of either of the political parties herein specially designated, and their
1624
§ (2921—31).
PRIMARY ELECTIONS.
Tit. XIV, Ch. 1.
names shall not be printed upon the official ballot under such party symbol or
name. [93 v. 652.]
(2921-31) SEC. 2. [Days for such elections; time polls to remain
open; powers and duties of board of elections for such county.] Such elec-
tions held to nominate candidates to be voted for on the first Tuesday after the
first Monday in November each year, shall be held on the first Tuesday after
the second Monday in September; and when held to nominate candidates to
be voted for on the first Monday in April they shall be held on the first Mon-
day in March. At all such elections the polls shall be open at six o'clock in the
morning and close at two o'clock in the afternoon; except that in townships and
villages in such aforementioned county, the board of elections may direct the
polls at primary elections held in March, to be closed at an earlier hour, not
however before ten (10) o'clock. The board of elections for such county shall
have all the powers and perform all the duties set forth in the laws governing
general and municipal elections in this state, including printing and distribut-
ing ballots, providing voting shelves, protecting electors, guarding the secrecy
of the ballot, and making rules and regulations not inconsistent with law,
the guidance of election officers; and all provisions of the laws of the state, so
far as applicable, shall be enforced in the primary elections herein designated.
[93 v. 652.]
for
(2921-32) SEC. 3. [Nominations; manner of conducting elections;
petitions.] The two political parties for whose candidates the largest number
of votes were cast for officers of the state, at the last preceding general election,
shall make nominations for officers and members of the general assembly and
representatives in congress and committeemen as provided in this act; and
any other political party or organization may hold an election for the same pur-
poses at the same time and places, with the approval of the board of elections,
but such other parties shall give notice in writing filed in the office of the
board of elections not less than thirty days before the day herein fixed for hold-
ing such primary election. On each day herein designated for holding pri-
mary election, a full board of election officers shall be assigned to duty at each
polling place, except as herein otherwise permitted, and such election officers
shall jointly conduct the election as to all parties. Each party participating in
the election shall have a separate ballot-box, which shall be distinctly indi-
cated by the party name either in lettering on the box or by card thereon, or
both, so that each voter may witness the deposit of his ballot. The directions
for printing and distributing ballots in general elections shall be observed, ex-
cept that the ballots for each party shall be separate, the names and candidates
shall be printed alphabetically in groups under the proper designation, and the
ballots shall be made readily distinguishable, either by being printed on paper
of different colors, or by printing the party name across the back, or by both.
Nominations for places on these official ballots shall be made by petitions at
least ten (10) days before the day herein designated for holding a primary elec-
tion. A candidate to be voted for only in one election precinct shall file a
petition with the board of elections signed by electors of such precinct, in
number not less than one-tenth of the voters of his party in such precinct, as
shown by the last preceding general election, taking the highest number of
votes cast and counted for any candidate of his party. If to be voted for
throughout a ward or township, the petition in behalf of such candidate shall
be signed by not less than five per centum of the votes as above, and if a can-
didate throughout the city or county as heretofore described, the petition shall
be signed by not less than three hundred electors, and if a candidate for repre-
sentative in congress the petition shall be signed by three hundred electors of
his said district. Such signatures shall be made in ink, by each signer for him-
self, and each signer shall also give his place of residence by definite descrip-
tion. [93 v. 653.]
1625
Tit. XIV, Ch. 1.
PRIMARY ELECTIONS.
§ (2921-33).
(2921-33) SEC. 4. [Who may vote; who deemed a member of any
political party. At such elections only legally qualified electors, or such as
will be legally qualified electors at the next general or municipal election, may
vote, and all electors shall vote only in the election precinct where they reside,
and no person shall be considered a member of any political party for the pur-
pose of voting as such at a primary election unless he has before openly affiliated
with such party.
[Where registration is required registers for last election shall be in use;
none to vote except registered elector; exception.] In election precincts
where registration of electors is required, the registers for the last election shall
be in use as required at general elections, and no one shall vote unless he be a
registered elector in the precinct in which he resides on the day of the pri-
mary election. Except that any elector who, by reason of non-age, alienage or
removal of residence, may not be registered in the election precinct where he
resides, may nevertheless be permitted to vote by observing the following re-
quirements: If he be not registered by reason of non-age, alienage or removal
of residence from a precinct wherein registration is not required, he shall make
a statement in writing under oath, setting forth all the particulars required in
registration of electors, together with the reason for not being a registered elector,
which affidavit shall be returned to the office of the board of elections to be
kept for one year.
[Certificate of removal.] If he is already registered elsewhere as an elector
he shall secure and present a certificate of removal as required by section 2026k
[§ 2926k] of the Revised Statutes, and for such purpose registrars are authorized
to issue removal certificates upon the day of primary elections.
[Name of applicant to be entered on register.] In all the foregoing cases,
upon complying with the foregoing requirements, the name of the applicant
shall at once be entered upon the registers, with all the particulars, and upon
his voting it shall be checked off. And such registration shall be valid for all
purposes, as if made upon days for general registration.
[Election of delegates to nominating convention.] When the executive,
central or controlling committee of either political party, as herein provided,
shall give notice to the board of elections that such party desires to elect dele-
gates to a nominating convention, then the elections as herein provided as to
such party shall be for the purpose of choosing delegates to such nominating
convention, and the delegates so chosen shall meet in convention at such time
and place as the said committee may designate by public notice not less than
ten days before the election; but such convention shall not convene earlier
than the third day after the election at which delegates to such convention were
chosen. Provided such notice of a purpose o elect such delegates shall be filed
in the office of the board of elections, not ess than seventy-five days before the
day herein fixed for holding the primary election in September and not less than
sixty days before the day for holding the primary election in March; and such
notice may only be authorized by the vote of a majority of the members elected
to such committee, who shall each sign his name to the notice. In consider-
ing such notices the board of elections shall disregard all proxies, and consider
only the autograph signatures of elected members chosen at the last preceding
primary election. When such notice has not been given in time, manner and
form as required above, then the electors shall vote direct for candidates to be
voted for at the next ensuing election, and the candidate having the highest
number of votes for each office shall be the nominee of such party for such
office, and his name shall be so printed on the official ballot.
[Board of election to canvass result, etc.; tie vote.] In case the election.
has been held to choose candidates, or in case any person is voted for in more
than one election precinct, the board of elections shall canvass the vote and
declare the result, and in case of a tie vote the candidates having the highest
1626
§ (2921-34).
PRIMARY ELECTIONS.
Tit. XIV, Ch. 1.
and equal votes, shall, in presence of the board of elections, determine the
result by lot. If they fail to do so, the board shall decide the matter in the
same manner.
[Vacancy in list of nominations.] In case of a vacancy or vacancies in the
list of nominations occurring by death or otherwise, after such result has been
declared, said vacancy or vacancies shall be filled by the properly constituted
county, central, controlling or executive committee of the party holding the
primary, unless the office to be filled is a municipal one, in which case said
vacancy or vacancies shall be filled by the properly constituted city, executive,
central or controlling committee of such party and the name or names of the
candidates selected by such committee shall be reported to the board of elec-
tions of said county and such board shall cause the said name or names to be
placed on the official ballot to be voted at the ensuing election.
[Judges to canvass vote and make return; issuing certificates of elec-
tion to committeemen; board of elections to canvass vote and declare re-
sult when candidates are voted for in more than one precinct.] At the
close of the polls the judges shall at once canvass the vote and make return as
required by law in other elections. If the election has been held to choose com-
mitteemen chosen by election precincts, the judges shall, over the signatures
of the chairman and clerks, issue certificates of election to the persons so chosen,
and make returns of their action to the board of elections. When candidates
have been voted for in more than one election precinct, the board of elections
shall canvass the vote and declare the result. [93 v. 654.]
(2921-34) SEC. 5. [When but one of the leading political parties;
special judges and clerks.] When no petition has been filed for placing
names on the official ballot in behalf of a political party, then no election as
to such party shall be held, and when names in behalf of only one of the two
leading political parties have been so presented, the board of elections in
may,
their own discretion, assign but two judges and one clerk to conduct the elec-
tion. [93 v. 655.]
(2921-35) SEC. 6. [Compensation of judges and clerks.] For their
services at such elections judges and clerks, serving in precincts within a city
herein described, shall receive each three dollars for each election, and those
serving in precincts in the county but not included in such city, shall receive
not less than two dollars nor more than three dollars for each election, to be
fixed by the board of elections according to the number of hours served. [93
v. 655.]
(2921-36) SEC. 7. [Certain laws made applicable to this act.] 1.
All provisions and requirements of the laws of this state to preserve and pro-
tect the purity of elections, and all the penalties for violation of such laws
shall apply and shall be enforced as to all elections held under this act.
2. [Forging name of another to document, etc., to be used at elections;
penalty.] Whoever with intent to defraud or deceive writes or signs the name
of another person to any document, petition or book, required by law in gen-
eral, special or primary elections, shall be guilty of forgery, and shall be im-
prisoned in the penitentiary not less than one year nor more than three years.
3. [Attempting to vote with knowledge of not being a voter or at-
tempting to vote under false name.] Whoever attempts to vote at any elec-
tion knowing that he is not a qualified elector, or to vote under an assumed
or false name, shall be fined not less than twenty-five dollars nor more than
one hundred dollars, or imprisoned in the county jail not less than three
months nor more than six months, or both.
4. [Impersonating another voter.] Whoever personates another for the
purpose of voting, or attempts to vote by claiming or assuming the name or
place of any registered elector, shall be imprisoned in the penitentiary not less
than two years nor more than five years. [93 v. 655.]
1627
Tit. XIV.
CONDUCT OF ELECTIONS.
Ch. 2.
CHAPTER 2.
CONDUCT OF ELECTIONS.
To what elections the provisions of this chap-
ter apply.
Election precincts, how formed; where elec-
tions to be held.
SECTION
2922.
2923.
2924.
[Repealed.]
2925.
Repealed.]
2926.
Election precincts.
29266. Board of elections; how constituted; void
votes; removals; vacancies; secretary: his
duties; office of board.
2926a. Registration required of voters.
29266-1. Richland and Stark county boards of elec-
tions; appointments, etc.; recommen-
dations by party executive committees;
terms: incumbents and their successors;
removals; vacancies; appointment, etc.,
of secretary.
2926c. Organization of board: its general powers and
duties; regulations; division of precincts;
assistant secretaries.
2926d. Salaries and expenses; how paid.
29266. Appointment of registrars, judges, and clerks ;
terms and qualifications; oath; examina-
tions; neglect to appear, serve, or qualify;
penalty; damage to registrars; equal repre-
sentation of political parties; removals and
vacancies; substituted judges and clerks;
notice of appointment of substitutes; cer-
tificates of appointment as registrars, judg-
es, and clerks; exemption from jury and
military duty; minute of removal.
2926e-1. Same judges and clerks for munieipal and
school elections in villages of less than
500 in more than one county.
2926ƒ. Powers and duties of registrars and judges as
peace officers; preventing violence and dis-
order, etc.; guarding registration and count;
protecting challengers and clerks; securing
pollbooks, ballots, etc.; duty of police; loi-
tering near polls; hindering electors; so-
liciting votes. etc.; power to require aid;
to order arrests; who shall obey and aid
them; penalty for refusal.
2926g. Duplicate" registers of electors"; contents of
each; heading and ruling; duty of regis-
trars.
2926h. Days for general registration; registration by
secretary of persons who will be necessarily
absent during registration; application for
registration by mail to secretary; affidavits:
transmittal of affidavits to registrars; entry
of "challenged " on register; close of regis-
tration by secretary; new electors moving
in; removal certificates; registrar's duties.
2926hh. Findlay, registration laws: how applied to.
29261. Hours for general registration; mode of mak-
ing registration: 1. Receipt of applications
for registration; oath in case of challenge.
2. Examination of challenged applicant;
entries in registers. 3. Signature of appli-
cant; by mark. 4. Comparison of duplicate
registers; close of day's registration; attes-
tation. 5. Registers; where deposited.
2926j. Voters required to register; registration of
persons disabled by sickness, etc.
2926k. Certificates in case of removal or mistake;
new registration; disposition of such cer-
tificates: transfers: when valid,
29261. Annual registration lists; heading; certifi-
cate; posting of lists; bound volume of
lists: pamphlets; duplicate registration lists
for use at polls; comparison.
2926m. Meeting for granting or receiving certificates
of removal or mistake; corrections; noting
of changes; registrations by order of board
of elections; such orders when made.
SECTION
29260.
2926p.
2926n. Meeting on evening prior to election; organ-
ization; securing ballotboxes and accom-
modations, etc.; witnesses and challengers:
their admission to polling room; inspection
of ballotboxes before opening of polls;
same to be in plain view; rights of chal-
lengers; challenge of lists; examination.
Opening and close of polls; duty of registrars;
location of ballotbox; challenges.
Certificate and proclamation of total vote cast;
electors checked on duplicate lists; ques-
tions of doubt; opening of ballotbox;
counting of ballots; excess of ballots to be
destroyed; minute of destroyed ballots;
completion of count; proclamation of re-
sult; certificate of result for board of elec-
tions; duty of judges; abstracting result;
signing of pollbooks; numbers; how ex-
pressed.
2926q. Session of board of elections on day of elec-
tion; reports of election; assignment of po-
lice; certificate in case of mistake in regis-
tering.
2926r. Disposition of pollbooks; ballots to be burned;
return of registers, etc.; completion of work
without adjournment.
29268. Adjustment of discrepancies between returns
to clerk and that received by board of elec-
tions.
2926t. Salaries of members of board of elections;
salary of secretary; same for Stark county;
salary of secretary in certain other cities;
compensation of registrars, judges, and
clerks; when expenses of registration to
be paid by county.
29261(2). Salaries of members of board; salary of sec-
retar; salaries of members and seeretary
in Stark county; salary of secretary in cer-
tain other cities; compensation of regis-
trars, etc.; expenses to be paid by county.
Removal of secretary and members of board.
April and other elections: 1. Registration for
such elections; changes in and addition to
register. 2. Organization of board of judges;
3. Pollbooks. 4. Board of canvassers. 5.
New or altered wards and precincts; as to
Dayton.
2926u.
2956v.
2926w. 1. Permitting false registration; refusing reg-
istration; penalty. 2. Inducing same; in-
ducing neglect of duty; penalty. 3. False
registration; penalty. 4. Inducing same;
penalty, 5. Obtaining registration by per-
sonating another; penalty. 6. Hindering
registration; penalty. 7. Procuring unlaw-
ful erasure in registration lists; penalty.
8. Distributing ballots inside of polling-
room; penalty.. 9. Permitting ballots in
box at opening of polls, etc.; penalty. 10.
Perjury; penalty. 11. Neglect of duty by
officers of election; penalty. 12. Counter-
feiting registration certificates, etc.; penal-
ty. 13. Acting as registrar, judge, or clerk
withont certificate of appointment; acting
as substitute judge without notice, etc.;
neglect to forward notice, etc.; penalty.
BOARD OF ELECTIONS IN HAMILTON, CUYAHOGA,
LUCAS, AND FRANKLIN COUNTIES.
When city board of election shall act as
county board.
Provisions applicable to election precincts
outside of city.
The pollbook.
2926w-1.
2926w-2.
2926w-3.
2926w-5. Compensation of officers, and expenses.
2926w-4. The county canvassing board.
2926w-6. In other counties than above deputy state
supervisors to act; judges and clerks.
1628
Tit. XIV.
CONDUCT OF ELECTIONS.
Ch. 2.
When polls to be opened and closed, Cincin-
nati.
SECTION
GENERAL PROVISIONS.
2927.
2928.
2929.
At what precinct electors to vote.
Ballotboxes.
2930.
[Repealed.
2931.
[Repealed.]
JUDGES OF ELECTION.
2932.
[Repealed.]
2932a. [Repealed.]
2933.
[Repealed.
2934.
[Repealed.]
2935.
2936.
2937.
2938.
2939.
2940.
2941.
2942.
2943.
2944.
2945.
2946.
Filling vacancies, oath of office, etc.
Penalty for refusal to serve as judge or clerk.
Judges to open ballotboxes in presence of
spectators.
To prevent loitering within seventy-five feet
of polls; penalty for violation of this act.
CHALLENGES.
Who may challenge a person offering to vote.
How judges to proceed when person offering
to vote is challenged.
If he refuse to answer any question, vote to
be rejected.
Further oath, if challenge not withdrawn.
Rejection of vote of person who refuses to
take oath, or is not a legal voter.
When a clerk to enter on pollbook the word
"sworn.'
RESIDENCE.
Who entitled to vote.
Rules to govern judges in determining resi-
dence.
2947. Where inmates of soldiers' home may vote.
2947-1. Cincinnati: legal residence of inmates of
city infirmary.
2947-2. Legal residence of electors residing in cer-
tain infirmaries defined.
2947-3. Defining legal residence of inmates of in-
firmaries.
2948.
2949.
2950.
2951.
2952.
2953.
2954.
2955.
[Repealed.]
BALLOTING.
Ballots to be delivered to judge in view of
those assembled.
How ballot to be received and deposited, etc.
When judges may order persons assembled at
precinct to disperse, and penalty.
When a name printed on a ticket is fraudu-
lent.
When two or more ballots are folded together.
When a ballot contains too many names.
Ballot may contain less names than author-
ized.
POLLBOOK8.
Pollbooks to be attested, and names counted.
[Repealed.]
How clerks to enter names in pollbooks.
How votes to be enumerated and proclaimed.
[Repealed.]
[Repealed.]
2956.
2957.
2958.
2959.
2960.
2961.
2962.
[Repealed.]
COMPENSATION.
2963. [Repealed.]
2964.
(Repealed.]
2965.
[Repealed.]
2966.
Fees of sheriffs.
STATE AND DEPUTY SUPERVISORS.
2966-1. State and deputy supervisors created.
2966-2. State supervisor.
2966-3. Deputy supervisors; appointment, etc., va-
cancies; recommendation of party com-
mittees; removals, powers and duties of
boards in certain counties.
2966-4. Chief deputy and clerk; report of organiza-
tion; clerk's salary and power to admin-
ister oaths; sessions; bids for printing;
compensation; expenses.
2966-4a. Compensation of deputy supervisors and
clerks in Montgomery Co.; how compen-
sation to be paid.
SECTION
2966-5.
Publication and distribution of election
laws.
2966-6. Appointment of judges and clerks; presid-
ing judge; terms; apportionment; va-
cancy; compensation; removals; oath of
election officers.
2966-7.
2966-8.
Oath of deputy supervisors; of their clerk;
of judges and clerks.
Duties of judges and clerks; penalties; du-
ties of supervisors; certificates of nomina-
tion; vacancies; who to decide questions;
general duties of deputy supervisors; re-
turn and canvass of township, municipal,
school and justices' elections; exception.
2966-9. Penalty upon deputy supervisor or clerk.
2966-10. Investigation and report on conduct of of-
ficers; prosecution.
2966-11. As to judges and clerks now in office.
2966-12. Compensation of state supervisor.
AUSTRALIAN BALLOT LAW.
2966-13. Election of public officers; exceptions.
2966-14. Forms to guide deputy state supervisors of
elections.
2966-15. Division of wards, etc.; rearrangement, etc.,
of precincts; notice of change; hearing;
election of assessors.
2966-16. As to judges and clerks in all other munici-
palities not divided into wards, and not
of themselves forming separate precincts.
2966-17. Candidate ineligible as judge or clerk.
2966-18. Nominations; certificates.
2966-19. Substitution of candidate of other party or
nominee by petition; prohibiting same
name appearing more than once on ballot.
2966-20. Nominations by petitions; Cuyahoga and
Hamilton county; Signers to name com-
mittee to fill vacancies; signer pledged to
vote for nominee; residence of signers to
be stated; can subscribe to but one nom-
ination; oath by one of the signers.
2966-21. Certificate of nominations; what to contain.
2966-22. Filing of certificates and papers.
2966-23. Preservation and inspection of certificates:
objections as to validity; consideration of
same.
2966-24. Filling vacancy on ticket, or correcting de-
fect in certificate.
2966-24a. Authority of county executive committee
to fill vacancy on ticket.
2966-25. Device on ticket.
2966-26. Transmission of certified copies of certifi-
cates; as to municipalities having regis-
2966-27. Defraying of expenses.
[tration.
2966--28. Printing and disposition of ballots.
2966-29. Bond of bidder for printing.
2966-30. Delivery of ballots, etc.; exceptions.
2966-31. Replacing of supplies lost or destroyed; ex-
tra ballots; unofficial ballots.
2966-32. Form of ballots; indorsement; general pro
visions as to same,
2966-33. Voting booths and guard rails; arrange-
ment of; arrangement of ballot boxes,
etc.; number of shelves; who permitted
within rail; supplies for marking ballots;
return of booths, etc.; placing of such
equipments for elections.
2966-34. Challengers; oath.
2966-35. Ballot, how prepared.
2966-36. Substituting when no nomination is made
or name of person nominated is omitted.
2966-37. Folding of ballots; receipt of same; reenter
ing booth; return of unvoted ballots; as-
sistance in marking,
2966-38. Polls closed; unused ballots destroyed.
2966-39. Canvassing, etc., of votes; announcement
of result; destruction of ballots, etc.
2966-40. Making transmission, etc., of returns, tally-
sheets, etc.; cities of first class, first grade
of second class; when judges and clerks
may leave polling place.
2966-41. Printing false ballot.
2966-42. Unlawfully opening ballots, etc.
2966-43. Destroying, defacing ballots, etc.
2966-44. Misleading voter: penalty.
2966-45. Penalty; exposing ballot, deceiving elector
etc.
2966-46. Penalty for neglect of duty.
2966-47. Prosecutions of violations.
1629
Tit. XIV, Ch. 2.
SECTION
2966-48. Giving bribe.
2966-49. Receiving bribe.
2966-50. Intimidating voter.
CONDUCT OF ELECTIONS.
2966-51. Offender compelled to testify.
2966-52. Compensation of judges and clerks; cities
having registration.
2666-53. Duties and powers of boards of election;
same of boards deputy supervisors or
other officers in counties other than those
containing cities of first class and first
grade second class; when chief deputies
or presiding canvassing officer to act for
associates; judges and clerks.
VOTING MACHINES.
2966-54. Submission of question as to use of voting
machines; purchase of same; to be ap-
proved by commission; requirements of
machine.
2966-55. Commission to examine machine; duties
and powers; certificate filed with secre-
tary of state.
2966-56. Machines must meet statutory require-
ments.
SECTION
§§ 2922-2926.
2966–57. How nominations to appear on machines;
general requirements to enable elector to
vote his choice.
2966-58. Election officers to have view of entire poll-
ing place except operation of machine;
location of machine; guard rails; con-
struction; who admitted within.
2966-59. Party emblem; placing of same; arrange-
ment for voting for presidential electors;
straight ticket.
2966-60. Delivery of ballots, etc., for use in connec-
tion with machine.
2966-61. Precaution to be taken before voting begins.
2966-62. Length of time voter may remain in booth.
2966-63. Closing of polls; locking of machines;
counting compartment to be opened in
presence of authorized persons.
2966-64. Counting and announcement of votes;
judges to sign returns before leaving room
or locking counting compartment; re-
turns to be read; comparison of results.
2966-05. Services of ballot clerk to be dispensed with.
2966-66. Tampering, etc., with machine; penalty.
2966-67. Existing laws.
For acts apportioning the state of Ohio into congressional districts, see ? (2979—1).
As to use and purchase of voting machines, see? (2966-54) et seq.
SEC. 2922. [To what elections the provisions of this chapter apply.]
Except in cases where it is otherwise provided, all public elections shall be held
and conducted according to the provisions of this chapter.
Time of holding election, under 2 445a, construed: Sawyer v. State ex rel., 45 O. S. 343.
SEC. 2923. [Election precincts, how formed; where elections to be
held.] Each township, exclusive of the territory embraced within the limits
of a municipal corporation which is divided into wards, shall compose an elec-
tion precinct, unless such township alone, or with other territory, is divided,
according to law, into precincts; and each ward of any such municipal corpo-
ration shall also compose one election precinct, unless such ward is divided,
according to law, into precincts; and elections shall be held for every town-
ship precinct at such place within the township as the trustees thereof
shall determine to be the most convenient of access for the voters of such
precinct, and for each ward precinct, at such place as the council of the corpo-
ration shall designate. [1880, March 8: 77 v. 40; Rev. Stat. 1880; 67 v. 47, §2;
(S. & C. 532).]
SEC. 2924. [Repealed 1880, February 16: 77 v. 10. Former statutes:
Former
Rev. Stat. 1880; 76 v. 136, § 2.]
SEC. 2925. [Repealed, 88 v. 468. 74 v. 215, § 13; 75 v. 58, § 11.]
SEC. 2926. [Election precincts.] In cities of the first, third and fourth
grades in the first class, and in cities of the second class, when six hundred
votes or more have been cast at the last preceding election in any ward, or in
any precinct in any ward, such ward or election precinct shall be divided by
the board of elections hereinafter provided for, into two or more election pre-
cincts, so as to limit the number of votes in each ward or precinct to three
hundred, as nearly as may be practicable. And from time to time the said
board shall re-arrange, subdivide or combine precincts thereafter as often as it
may deem such action necessary. And in cities of the second grade in the
first class, the board of elections thereof may divide, combine or re-arrange any
ward or election precinct so as to secure the convenience of electors and the
prompt and correct conduct of elections. [1889, April. 13: 86 v. 281, 282; 85 v.
85; 84 v. 119; 83 v. 209; 82 v. 232; 78 v. 88; 77 v. 311; Rev. Stat. 1880; 75 v.
58, § 11.]
Board of elections in counties containing cities of second class other than cities of first
grade second class, exercises powers and is subject to duties of this section; limitation, see
(2966—3).
In counties containing cities of first class and first grade second class, boards of elec-
tions exercise powers and duties of deputy state supervisors, see ? (2966—3).
1630
;
§§ 2926a-29266.
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
"
For law governing county board of elections, see" an act to provide a board of elec-
tions for certain specified counties," which is placed in this volume after ? 2926w.
The general assembly, under the general grant of the legislative power secured to it by the Constitution,
has power to provide, by statute, for the registration of voters, and to enact that all electors must register
before being permitted to vote; but such an act must be reasonable in its requirements: Daggett v. Hudson,
43 O. S. 548.
The registration act of May 4, 1885 (82 v. 232), was declared unconstitutional, because it was unreason-
able in its requirements, and had a tendency to impair the right of suffrage: Ib.
SEC. 2926a. [Registration required of voters.] In cities of the first
and second class, no person shall be deemed or held to have acquired a legal
residence in any ward or election precinct for the purpose of voting therein at
any election, general or special, nor shall he be admitted to vote at any elec-
tion therein unless he shall have caused himself to be registered as an elector
in such ward or precinct, in the manner and at the time hereinafter required.
[1889, April 13: 86 v. 281, 282; 84 v. 119, 120; 83 v. 209; 82 v. 232.]
See note to Daggett v. Hudson, 43 O. S. 548, under 2 2926.
SEC. 2926b. [Board of elections: how constituted; void votes; re-
movals; vacancies; secretary: his duties; office of board.] In all such
cities of the first and second class, except Mansfield and cities of the fourth
grade in the first class, a "board of elections," to consist of four electors of such
city, of well known intelligence and integrity, two of whom shall belong to
each of the two leading political parties, shall be appointed by the mayor. No
person shall be appointed, or be a member of such board, who holds an office
under the United States, the state of Ohio, except notaries public, or of such
cities, or the county in which such city is situated, or who is employed in
any department of such city or county, or by any officer of such city or county;
and all votes cast at any election for any person who is, or, within three months
next preceding such election, has been a member of such board, shall be abso-
lutely void. In the appointment of such board of elections by such mayor,
two members of different political parties shall be designated to serve for two
years from the date of their appointment, and the other two, also to be of differ-
ent political parties, shall be designated to serve for four years from that time;
and biennially thereafter two members, of different political parties, shall be
appointed in the manner as hereinbefore provided, for the term of four years.
For misconduct or neglect of duty, such mayor may remove any member of
such board; and any vacancy which may occur in such board, by the death,
resignation, removal or disability of any of its members, shall be filled by ap-
pointment of such mayor, for the unexpired term of such vacancy or vacan-
cies, and so that each political party shall always have an equality of represen-
tation in the said board, or as near as may be. Provided, that the members
of the boards, existing at the time of the passage of this act, shall continue in
office until the expiration of their terms, unless removed for cause, as provided
by law. A secretary of such board shall be appointed by the members thereof,
who shall be an elector of such city, fully qualified for such place, and who
shall serve the same for a term of four years; but he may for official miscon-
duct, be removed by the board; the board shall appoint his successors, each for
the same term of years, and in case of death, resignation or removal of the sec-
retary, shall fill the vacancy for the unexpired part of such term. The secre-
tary shall, subject to the control of the board of elections, keep a full and true
record of their proceedings, file and preserve in their office all orders, rules and
regulations in any wise pertaining to the administration of registration and
elections; prepare and furnish, under the orders of such board, all the registers,
lists, books, maps, forms, oaths, certificates, instructions and blanks, for the use
and guidance of registrars, judges and clerks of elections, and the board of can-
vassers; provide for timely furnishing of such officers therewith, and with all
the necessary supplies provided for them; to receive and keep close custody of
all the registers and copies returned to such office as provided herein, and of
all records, papers and certificates of every kind relating to the office or admin-
istration of such board of elections; he shall also have the care of the ballot-
1631
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
§ 29266-1.
boxes while deposited at the office of such board of elections; and he shall per
form all such other or further duties pertaining to such office and affairs as
shall be prescribed by such board. The board of elections shall have a sufficient
and suitable office and rooms for the purpose herein required, which shall be in
charge of their secretary, and shall be kept open daily, except Sundays and
legal holidays, in cities of the first and second grades in the first class, and in
[at] such times as the board of elections may require in cities of the third and
fourth grades in the first class, and first, second, third and fourth grades, in the
second class. Each member of the board of elections and the secretary, shall,
before entering upon the discharge of their office, take and subscribe an oath
to support the constitution and laws of the United States, and the state of
Ohio, and faithfully discharge the duties of their office, and to make their ut-
most endeavors to secure fair and honest elections, which oath shall imme-
diately be filed in the office of the city clerk of such city and [be] preserved by
him. [92 v. 166; 87 v. 359; 86 v. 281, 282; 84 v. 119, 120; 83 v. 209; 82 v. 232,
233.]
•
Appointment of by board of control in Hamilton, see ? (1545-299).
The secretary of a board appointed by the governor under 2926h as amended in 1889 was entitled to
hold his office for the term, and the board had no authority under the amendment of 1890 to elect a suc-
ressor until then. State v. Connor, 5 C. C. 305.
SEC. 2926b-1. [Boards in Richland and Stark counties; appoint-
ment and qualifications of members.] In Richland county and in all coun-
ties which now contain, or which may hereafter contain a city of the fourth
grade in the first class, a board of elections for such city and county to consist
of four electors of such county of well known intelligence and integrity, two
of whom shall belong to each of the two leading political parties which cast the
highest and the next highest number of votes in such county at the next pre-
ceding November election, shall be appointed by the secretary of state.
[Distribution of members.] Not more than two members of this board
shall be residents of the township in which the county seat is located except.
in Richland county;
[Recommendations by party executive committees.] Provided, that if
the executive committees of the two political parties casting the highest and
the next highest number of votes in such county at the last preceding Novem-
ber election, recommend qualified and suitable persons to the secretary of state
at least ten days before the appointments are made, then the secretary of state
shall appoint the persons so recommended to the number to which each party
is entitled: but if no recommendation is made as above provided, or, if in the
judgment of the secretary of state, any person or persons so recommended shall
be regarded by him as an unsuitable or improper person for such position, then
the secretary of state shall make said appointments agreeably to the provisions
of this act.
[Terms.] In the appointment of such board of elections by the secretary
of state, two members of different political parties shall be designated to serve
for two years from the date of their appointment, and the other two, thereof,
of different political parties, shall be designated to serve for four years from
that time; and biennially thereafter two members of different political parties
shall be appointed in the manner as herein before provided for the term of four
years.
[Incumbents and their successors.] Provided, that in Richland and in
all such counties containing a city of the fourth grade in the first class, the
terms of the members of the present boards of elections shall expire on the
31st day of May next, and their successors, and a secretary for such boards
shall be appointed in accordance with the provisions of this act, on or before
the first day of June, 1896, and annually or biennially thereafter as required
by this act.
1632
§ 2926c.
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
[Removals; vacancies.] For misconduct or neglect of duty, the secretary
of state may remove any member of said board, and any vacancy which may
occur in such board by death, resignation, removal or disability of its members,
shall be filled by appointment of the secretary of state for such unexpired term
or terms, and all appointments to positions on said board shall be so made
that each of the two leading political parties shall at all times have as near as
may be equal representation in said board.
[Appointment, qualifications, term and removal of secretary; vacancy.]
The secretary of state shall also appoint a secretary of such board, who shall
be an elector of such county, fully qualified for such place, and who shall serve
for a period of four years; but he may be removed by the board for any offi-
cial misconduct, and the votes of not less than three members of the board
shall be necessary for such removal. In case of a vacancy in the office of sec-
retary from any cause, the secretary of state shall appoint his successor.
[Powers and duties of members and secretary.] The members of the
board and the secretary appointed hereunder shall have the same powers and
perform all of the duties prescribed in section 29266 and such other and further
powers and duties as are prescribed by law. [93 v. 41; 92 v. 167.]
SEC. 2926c. [Organization of board; its powers and duties; regula-
tions; division of precincts; assistant secretaries.] The members of the
board of elections shall meet within ten days after their appointment, at the
mayor's office of such cities in section 2926a provided, and organize by electing
one of them president by ballot, and they shall also at that time elect a secre-
tary as provided in section 29266 of the Revised Statutes. If they fail so to
do within two hours after meeting, the president and secretary shall then be
chosen by lot. No order, resolution, or action of such board shall be valid with-
out the vote of three of the four members. Such board shall appoint all regis-
trars of elections, judges and clerks of election and other clerks, officers and
agents herein provided for, and designate the ward or precinct in which each
shall serve. They shall also appoint the places of registration of electors, and
holding elections in each ward or precinct, and hire suitable rooms for such
purpose and for their own office, at such rents as they deem just; they shall
also provide the necessary and proper furniture and supplies for such rooms,
and for the purchase, preservation and repair of all ballot-boxes necessary for
use at elections in such city, and all books, blanks and forms necessary for the
registrations and elections herein designated, and for duly issuing all notices,
advertisements or publications required by law. The board may, from time
to time, make and issue all such rules, regulations and instructions, not incon-
sistent with law, as they shall deem necessary for governing or guiding their
secretary and his deputy or assistants, and the registrars of electors and judges,
and clerks of elections, or other persons under their control in the proper dis-
charge of their respective offices and duties. They shall divide, define and pro-
claim the election precincts of such city, authorized in section two thousand
nine hundred and twenty-six, and the boundaries thereof, and provide for fur-
nishing to each registrar of electors and judges of elections a map and perti-
nent description of such division and boundaries, and of any changes which
from time to time are made by them. When necessary, in cities of the first and
second class, they may employ a deputy and one or more clerks as temporary
assistants of their secretary, at a salary not to exceed the rate of one hundred
dollars per month, and prescribe their duties. The period for which they are
employed must always be fixed in the order authorizing their employment, but
they may be discharged sooner, at the pleasure of the board. Such deputy-
secretary, and all such assistants, shall take the oath above described. [87 v.
361; 86 v. 281, 283; 85 v. 341; 84 v. 119, 121; 83 v. 209, 211; 82 v. 232, 233.]
Cited State v. Connor, 5 C. C. 305, 308.
•
1633
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
§§ 2926d-2926e.
SEC. 2926d. [Salaries and expenses: how paid.] The cost and charge
of the salaries of members of such board of elections in any such city, and of
the secretary and his deputy and assistants, and all necessary expenses of the
board for the purposes herein authorized, and the lawful compensation of all
registrars of electors, and judges and clerks of elections, appointed by such
board, and the necessary cost of the registrars and poll-books, or other books,
blanks, forms, stationery and supplies to be provided by said board of elections
for the purposes herein authorized, and the cost of the rent, furnishing and
supplies of all rooms hired by the said board for their offices and as places for
the registration of electors and holding of elections, and for the purchase,
repairs and preservation of the ballot-boxes, shall be borne and paid, by any
such city, out of its general fund, upon vouchers of such board, certified by its
president and secretary, specifying in every voucher the actual services, items
of supplies, and prices and rates in detail, which shall be allowed by the city
comptroller, or city auditor, and in cities having no such comptroller or auditor,
by the city clerk, and upon his warrant paid by the city treasurer of any such
city. [1889, April 13: 86 v. 281, 284; 83 v. 209, 211; 82 v. 232, 233.]
See note to ? 2926.
SEC. 2926e. [Appointment of registrars, judges and clerks; term and
qualifications; oath; examinations; neglect to appear, serve, or qualify; pen-
alty; damage to registers; equal representation of political parties; re-
movals and vacancies; substituted judges and clerks; notice of appoint-
ment of substitutes; certificates of appointment as registrars, judges and
clerks; exemption from jury and military duty; minute of removal.] On
or before the first day of September, annually, the board of elections shall ap-
point for each and every election precinct, in any such city, two electors of
such city to act as registrars of the electors, and also as judges of election in
such precinct. And on or before the first day of October, annually, the said
board shall appoint two additional judges of elections and two clerks of elec-
tions for each and every precint in any such city. Such registrars, judges and
clerks of elections shall each hold their appointment for one year, unless
sooner removed by the board of elections, and must be electors of any such
city, and able to read and speak the English language understandingly and
write it readily and fairly, and each shall take the oath of office herein before
prescribed, which may be administered by the secretary or any member of such
board, and shall be filed in the office of such board. All persons selected by
said board for either of said appointments shall appear before said board at
their office after twenty-four hours' notice, either served personally or left at
their usual place of residence for examination as to their qualifications before
being appointed; any elector of such city so selected who shall fail to appear
before said board as required by law, or any elector of such city so appointed
to act as registrar, judge or clerk of elections therein, who shall refuse or neg-
lect to take and subscribe the oath of office, unless excused by said board, or
any registrar who shall, after being duly appointed, fail to be at the place des-
ignated for registration in his precinct during the hours set for the registration
of electors, or who shall fail to deposit the registers at the office of the board of
elections in accordance with the provisions of section 2926% of the Revised
Statutes, or who shall fail to post the printed lists as required by section 29261
of the Revised Statutes, or any person who shall willfully mar, damage or de-
stroy any registers or portion thereof, shall be fined not more than one hundred
dollars ($100.00) nor less than twenty-five dollars ($25.00), or imprisoned in the
county jail not more than fifteen days, or both, in the discretion of the court.
Neither the two registrars for any precinct, nor the two clerks of election, shall
be of the same political party. Nor shall more than two of the four judges of
election for any precinct be of the same political party. Appointments of such
officers for every precinct shall be made so as in good faith to secure equal rep-
resentation of political parties, if practicable. Any vacancy in the office of
104
1634
•
§ (2926e-1).
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
registrar, or of a judge or clerk of elections, shall be filled by said board of elec-
tions, and either or any of such officers may be summarily removed from office
by such board at any time for neglect of duty, malfeasance or misconduct
therein. And in all cases the last appointment to either of such offices for any
precinct shall be recognized [as] valid. If any clerk of elections fails to attend
at the opening of the polls on the day of any election, or shall, during the elec-
tion, by any cause become disabled or unfit to act in entering, enumerating or
certifying the ballots, the judges of election, or a majority of them, may sum-
marily remove him, and the two judges of the same political party as such
clerk shall forthwith appoint another competent elector of any such city to act
in his place, and administer to him the oath of office above prescribed; if any
judge of election fails to attend at the opening of the polls on the day of the
election, or for any cause, by decision of the other three judges, shall become
disabled or unfit to act in receiving and enumerating the ballots and certifying
the result of the election, the other judge of the same political party shall at
once appoint another competent elector of any such city to act in his place, and
administer to him the oath of office above prescribed. Provided, that notice of
such appointment of judge or clerk be immediately sent by the judge making
such appointment to the board of elections, and such person so appointed shall
not perform any of the duties of his office until the notice has been sent to the
board. The person so appointed to act temporarily as judge or clerk shall per-
form the duties of the office after the sending of said notice, until the board
shall confirm said appointment or appoint another for said office. Whoever
shall be appointed as registrar, judge or clerk of elections by the board of elec
tions, shall receive from the board a certificate of appointment, which may be
revoked at any time by the board, said certificate to be in such form as may be
prescribed by the board, and to specify the precint and ward of the city in and
for which the person to whom the same is issued is appointed to serve, the date
of appointment, and the expiration of his term of office. Registrars, judges
and clerks of election during the time they hold such certificate of appoint-
ment, and [as] such officers shall be exempt from the performance of military
and jury duty. And immediately upon such removal of a clerk or judge, and
filling the vacancy as above provided for, a brief note of the proceedings shall
be entered in the poll-books and subscribed by the judges so acting, and spe-
cially stating the cause of such removal. [89 v. 157; 83 v. 209, 212; 82 v. 232,
234.]
(2926e-1) [Same judges and clerks for municipal and school elections
in villages of less than five hundred in more than one county.] In incorpo-
rated villages having less than five hundred (500) voters, situated in two or
more counties, all municipal elections and elections for members of board of
education shall be held under one set of judges and clerks; such judges and
clerks to be appointed by the regular board of elections in the county having
the majority population of said corporation, and that said judges and clerks
shall be residents of said corporation upon either side of county line so divid-
ing said corporation. [92 v. 72.]
SEC. 2926f. [Powers and duties of registrars and judges as peace
officers; preventing violence, and disorder, etc.; guarding registration and
count; protecting challengers and clerks; securing poll-books, ballots,
etc.; duty of police; loitering near polls; hindering electors; soliciting
votes, etc.; power to require aid; to order arrests; who shall obey and aid
them; penalty for refusal.] All registrars and judges of elections, while
exercising their office under this or any other law regulating elections, shall
have full power and authority, and are hereby required to enforce the peace and
good order and obedience to their lawful commands for such ends at and about
the places of registration and of holding election. They shall especially keep
the access of electors to the polls open and unobstructed, prevent and suppress
1635
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
$2926g.
all riot, violence, tumult and disorder, and also any and all improper practices
or attempts tending to obstruct or intimidate electors from a free exercise of
their free right to vote, or tending to disturb or interfere with the free and peace-
ful registration of electors, or counting and certifying the result of an election.
They shall also protect the clerks of the election and the witnesses and the
challengers designated to attend the election as herein provided for, from any
violence, interference, or molestation during the receiving and enumeration
of the ballots. And they shall at all hazards be bound to preserve and secure
the registers, poll-books, ballot-boxes and ballot[s] at every election from vio-
lence, fraud or tampering. To enforce the provisions of this section, the officer
or authority having command of the police force of any such city, shall
promptly, on the requisition of such board of elections, detail for service at
the polling place in any precinct of such city, such force as such board may
deem necessary, and on every day of elections shall have a special force in
readiness for any emergency. During the receiving and counting of the ballots
or registering of electors no person shall congregate or loiter within one hun-
dred feet of the polling place of any election or place of registration of electors,
or in any manner hinder or delay any elector in reaching or leaving the place
fixed for registration or casting his ballot, or within such distance of one hun-
dred feet to give or tender or exhibit any ballot or ticket to any person other
than a judge of election, or to exhibit any ticket or ballot which he intends to
cast, or solicit or in any way attempt to influence any elector in casting his
vote. In the discharge of their duties, the judges of elections may, if necessary,
appoint, and require any elector or electors to aid them in making known their
orders or directions and in enforcing the peace. The judges of election or any of
them or any registrar may order the arrest of any person violating this section,
but such arrest shall not prevent such person from voting or registering if he
is entitled so to do. The sheriff, and all constables, policemen, and officers of
the peace, and all bystanders at any election, shall immediately obey and aid
in enforcing any and every lawful order made by the judges at any election in
execution of the provisions of this section. Any person willfully refusing or
neglecting to perform any of the duties by this section prescribed shall be fined
not less than twenty dollars, nor more than one thousand dollars, or impris-
oned in the county jail not less than thirty days nor more than one year, or
both. [1886, May 19: 83 v. 209, 213; 82 v. 232, 234.]
SEC. 2926g. [Duplicate "registers of electors; " contents of each;
heading and ruling; duty of registrars.] On or before the first day of Sep-
tember annually, the secretary, under the direction of the board of elections
shall, in any city of the second class, in which registration is required, as pro-
vided in section 2926, prepare and furnish to the registrars so appointed for
each precinct in any such city, duplicate lists of all electors so registered in
such precinct at the last general registration, together with such new and addi-
tional ones as may have registered at any election subsequent to such general
registration, with sufficient blank space for new electors to be registered there-
in, excepting that at every fourth year, when a general registration is required,
as provided in section 2926h. And the board shall, on or before the first day
of September annually, in cities of the first class, in which yearly registration
is required, procure and have at their office, duplicate books for each and every
election precinct, in any such city for the registration of electors therein, and
which shall be styled and known as "registers of electors." Each register shall
contain space and ruled lines for at least seven hundred names, and be ar-
ranged and ruled in parallel columns, with printed headings, in the following
order: Number (consecutively), full name, age, term of residence, nativity, how
long resident in precinct, in state, when naturalized, court, married or single,
date of registration, sworn, signature, remarks; and the rulings and headings
of each page of the register shall be according to the following diagram en-
larged:
1
1636
NUMBER.
FULL NAME.
AGE.
TERM OF RESIDENCE.
State.
*
NATURALIZED.
NATIVITY.
Precinct.
When.
Court.
MARRIED
OR NOT.
DATE OF REG-
ISTRATION.
SWORN.
SIGNATURE.
REMARKS.
§ 2926g.
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.

1637
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
§ 2926h.
And it shall be the duty of the registrars of each and every precinct in any
such city to apply, on Wednesday in the fourth week before the November
election, annually, for the lists and registers aforesaid, and the map of their pre-
cinct, and such printed instructions for the discharge of their duties as may be
lawfully prescribed by such board. [87 v. 361; 83 v. 209, 214, 215, 216; 82 v.
232, 235.]
See note to Daggett v. Hudson, 43 O. S. 548, under 2 2926.
SEC. 2926h. [Days for general registration; registration by secretary
of persons who will be necessarily absent during registration; application
for registration by mail to secretary; affidavits; transmittal of affidavits to
registrars; entry of "challenged" on register; close of registration by sec-
retary; new electors moving in; removal certificates; registrar's duties.
The days for the general registration of electors in cities of the second class, and
for the additional yearly registration of new electors herein required in such
cities, and also the yearly registration herein required in cities of the first class,
and also the yearly registration herein required in cities of the first grade of the
second class, in the several precincts in every such city, shall be Thursday in
the fourth week, Thursday in the third week, Friday and Saturday in the sec-
ond week next before the day of the general election in November in each year.
Between the first day of September and the day preceding the first of the days
above prescribed for the general registration, and no longer, the secretary of the
board of elections shall act as registering officer in the following cases only:
Any person, resident of such city, who will be lawfully entitled to vote therein
at the next succeeding election in November, may go before such secretary, at
the office of such board, and on making and subscribing an oath or affirmation
before him that he will necessarily and unavoidably be absent from such city
on all the days appointed or allowed by this section for the general registration
of electors by the registrars of the precinct in which he resides, specifying the
same, and more than fifty miles distant therefrom, the secretary, if satisfied,
shall thereupon file such affidavit and make registration of such person in the
registers of such precinct, on compliance of such applicant with the foregoing
requirements of this section for general registration, and his signature to the
statement prescribed, and no further registry of such applicant shall be neces-
sary; any elector of such city who is absent therefrom, and without the county
in which it is situated, and more than fifty miles distant from such city, may
appear before any judge or clerk of any court of record, or notary public, or, if
in a foreign country, before any minister, consul or vice-consul of the United
States, and make and subscribe an affidavit to his residence, specifying in what
precinct and that he will be necessarily and unavoidably absent from such city
on all the days allowed or appointed by this act for the general registration of
electors by the registrars in such precinct, and answering and setting forth ac
curately each and all the matters herein required to be set forth in the registry.
of electors, and forward such affidavit, duly authenticated as above, by mail,
under an envelope addressed to the "secretary of the board of elections" of
such city, the same, if received by such secretary between the days above ap-\
pointed for his acting as registrar, shall entitle such applicant to be entered by
the secretary in the proper register of such precinct; and in place of the signa-
türe of such elector, the word" affidavit" shall be inserted, and no further reg-
istry of such applicant shall be necessary; such affidavit and envelope shall be
filed and preserved in such office; but no such affidavit shall be allowed by the
secretary unless the officer before whom it is made shall certify that the affiant
is personally known to him to be the person he represents himself to be, or
proven so to be by a credible person known to him, and whose name and full
address must be stated in such certificate. Any such affidavit of an absent
elector, which shall be received by such secretary on or after the first of the
F
1638
$2926h.
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
days herein appointed for general registration by the registrars, shall be trans-
mitted by him immediately to the registrars of the proper precinct, and they
shall be authorized to register the applicant as above directed, and shall pre-
serve such affidavit; provided, that in any case where application for registra-
tion is thus made by affidavits forwarded by mail, if the secretary or registrars,
as the case may be, are not satisfied that such applicant is a resident of the pre-
cinct so specified, or that he will be entitled to vote on the day of the next elec-
tion, the word "challenged" shall be entered into the register opposite his
name, and in the column for "remarks," and such affidavit and envelope trans-
mitted to the judges of election; and such applicant, if he appear, shall be re-
quired to establish his residence and qualification before voting. On the day
preceding the first of the days herein appointed for the general registration the
secretary of the board of elections shall, in each and every register in which he
has entered any registration of electors, as in this section provided, close the
same by drawing double lines across the page with ink, immediately below the
last name registered by him, and add the words, "close of registration by the
secretary," and shall thereunto subscribe his name and office. A general regis-
tration of all electors of all cities of the second class, except cities of the first
grade of the second class, as provided in section 2926a, shall only be had at each
and every presidential election, at the times and upon the days hereinbefore
specified; but in cities of the first grade of the second class there shall be had
such general registration of all the electors of such cities annually, at the times
and upon the days prior to each general election herein above specified, and
there shall also be a general registration of all the electors of such cities of the
first grade of the second class on the fifteenth, twenty-second, twenty-third and
twenty-fourth days of March, one thousand eight hundred and ninety-four, and
during the hours provided by law for the regular annual registration; provid-
ed, however, that the printed lists of the electors who shall register at such
special general registration on said days of March, one thousand eight hundred
and ninety-four, shall be dispensed with, and that in regard to April or other
public elections, other than state, that shall be held in said cities of the first
grade of the second class subsequent to the April election of the year one thou-
sand eight hundred and ninety-four, said cities of the first grade of the second
class shall be governed by the subsequent provisions of this section, as far as the
same are applicable; and at all other state, April or any other public elections,
those electors who have been duly registered at such general registration as
herein provided, and have not removed from the precinct in which they then.
registered at said general registration in any such city, shall not be required.
to register; but at such state, April or any other public elections, at the times
herein before provided for registration days, only those electors of any such city
shall be required to register, as may be new electors, or who have moved into
any precinct of any such city, since any general, state or April registrations,
and have not been registered therein, excepting that at such April or public
election other than presidential and state, such registration shall take place on
Friday and Saturday in the second week before any such election. And if any
elector removes from the precinct in which he has so registered into another
precinct of the city in which he resides, he shall apply in person to the regis
trars of the precinct in which he has so registered for a "removal certificate,
as provided by section 2926k. Within a sufficient time previous to any such
state, April or other public election, it shall be the duty of the registrars of each
and every precinct in any such city to obtain the preceding register made by
them from the board of elections, and attend at the place in such precinct ap-
pointed for the registration of electors at the times herein before provided, and
receive applications for registration by such qualified electors residing therein
as are not already registered at the last preceding general registration; it
shall further be the duty of such registrars to take all such preceding regis-
""
1639
:
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
$2926hh.
ters of their respective precincts, so required to be furnished them by section
2926g of this act, and make a thorough canvass of their respective precincts,
for the purpose of ascertaining whether or not any of the electors so registered
have removed or died, and shall make a report of their proceedings, carefully
noting any and all changes found, together with such additional names of
electors registered by them, to the board of election. [91 v. 36; 87 v. 364; 83
v. 209, 216; 82 v. 232, 235.]
For application of above section to Dayton see ? 2926v, par. 5.
See note to Daggett v. Hudson, 43 O. S. 548, under 2 2926.
SEC. 2926hh. [Findlay; registration laws, how applied to.] Provided
further, that the provisions of said section 2926h and all other sections of the
statutes of the state of Ohio concerning and regulating the registration of elect-
ors and the holding of elections and voting in cities of the second class in said.
state, be and the same are hereby extended to and made applicable to any city
or cities in said state having at the last federal census a population of eighteen
thousand five hundred and fifty-three (18,553), and that in such city or cities
where no registration of such electors in such city or cities has heretofore been
made under the provisions of the registration laws of said state now in force
therein, the mayor of such city or cities, shall immediately on the passage of
this act proceed to appoint a board of elections as provided in section 2926h of
Said board of elections shall imme-
said statutes as amended April 28th, 1890.
diately after their said appointment meet and organize and proceed to appoint
a secretary, registrars of elections, judges, clerks of elections and such other
clerks, officers and agents as are now provided for by the registration laws of
said state applicable to a general registration of electors in cities of the second
class in said state, and appoint times and places for such registration, and pro-
vide suitable rooms, furniture, blanks and all other things now authorized to
be provided for the registration of electors in said cities of the second class, and
make all needful rules and regulations, and furnish all needed ballot-boxes,
ballots, blanks, papers and all such other materials, and appoint all such assist-
ants, employes and officers as may be necessary to carry out the provisions of
said statutes as to elections in said cities of the second class and make the same
applicable to a city or cities having the population aforesaid in said state, and
in all respects enforce the laws governing the same, so that all laws now in force
applicable to the registration of electors in cities of the second class in said
state and the way and manner of voting at any general or special election in
said state shall be and the same hereby are extended to and made and declared
to be in full force and effect as to any city or cities in said state having a pop-
ulation of eighteen thousand five hundred and fifty-three (18,553) as ascer-
tained by the last federal census as aforesaid. Provided further, that for the
purpose of carrying out the provisions of this supplemental section of said
statutes in the year 1891, Thursday the 12th, and Thursday the 26th days of
March, and Thursday the 2d day of April, 1891, and none other, be and the same
are hereby designated and appointed as days for general registration of elect-
ors for the April election in that year in the city or cities of said state having
the population aforesaid according to the census aforesaid; at which times and
places said board of elections and the officers, employes and others appointed
by them under the provisions of said statutes shall proceed to do and perform
all and singular such acts, provide such means and facilities for the registration
of electors in the several wards and precincts in such city or cities as are re-
quired to be done under the provisions of the statutes now in force for the reg-
istration of electors in cities of the second class during the month next preced-
ing the November election in each presidential year, and in all respects the
elections to be held in April, 1891, in such city or cities having a population
of eighteen thousand five hundred and fifty-three (18,553) as aforesaid shall be
1640
§ 2926i.
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
conducted as provided by the laws now in force prescribing the manner of con-
ducting and regulating general and special elections in cities of the second class
in said state, and no person shall be permitted to vote at any general or special
election in any election ward or precinct in such city or cities unless he shall
have caused himself to be registered as an elector in such ward or precinct in
the manner and at the times and places required by this supplemental act
and the statutes pertaining to registration and voting in cities of the second
class in said state and provided further, that the provisions of this supplemen-
tal act shall be and remain in full force and effect until after the presidential
election of 1892 and after said election only to the extent and in the manner
hereafter provided; and provided further, that on Thursday in the fourth.
week, Thursday in the third week, Friday and Saturday in the second week
next before the day of the general election in November next, a general regis-
tration of electors in said city or cities shall again be had in accordance with
the provisions of this supplemental section and other laws pertaining to regis
tration in cities of the second class in said state; and the mode of conduct-
ing such election shall be in all respects as now prescribed by law for conduct-
ing elections in cities of the second class; and provided further, that there
shall be no general registration for the April election to be held in 1892 in such
city or cities, but at such April or any special elections, at the time and places
herein before provided for registration days, only those electors of said city or
cities having the population aforesaid shall be required to register, as may be
new electors, or who have moved into any ward or precinct of any such city
or cities since any general, state or April registration, and have not been regis-
tered therein, excepting that at such April or public election after the year 1891,
other than presidential and state, such registration shall take place, except in
the year 1891, on Friday and Saturday in the second week before any such
election as now provided by law for registration and voting in cities of the
second class in said state where registration has heretofore been had; and pro-
vided further, that on Thursday in the fourth week, Thursday in the third
week and Friday and Saturday in the second week next before the day of the
general election in November, 1892, a general registration of all electors in said
city or cities having a population as aforesaid shall be again had and taken as
required by law as to cities of the second class, and the voting, conducting and
managing of such elections shall in all respects be in accordance with the laws
now in force regulating registration and elections in cities of the second class,
in said state; and after the November election of 1892, a city or cities having
the population aforesaid according to the federal census of 1890 shall continue
to be and remain subject to the laws governing and regulating registration of
elections [electors] and voting in cities of the second class in said state; and
the registration of electors and the holding and conducting elections therein
shall in all respects be the same as in cities of the second class under the gen-
eral laws aforesaid which may then be in force; and provided further, that
nothing herein contained shall in any way or manner affect the provisions of
section 2926t and all the provisions of said section 2926t shall be and remain
in full force and effect, and applicable to any city or cities in said state having a
population as aforesaid. [88 v. 511; 88 v. 192.]
SEC. 29261. [Hours for general registration; mode of making regis-
tration.] The registrars of electors appointed as herein provided shall, on each
of the days appointed for the general registration of electors, meet at the place in
each precinct provided by the board of electors [elections] for that purpose, and
there remain in session from the hour of eight o'clock before noon, until the
hour of one o'clock in the afternoon, and from four o'clock in the afternoon until
nine o'clock in the evening of each and all the days so appointed for the pur-
pose of registering the electors lawfully resident in such precinct. No person
1641
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
§ 2926i.
shall be registered as an elector of any such city at any other time or place than
those which are in this act herein designated; and in making registrations
every applicant shall answer the inquiries of the registrars as follows, the regis-
trars having openly and publicly met at the place and time herein appointed,
shall proceed as follows:
1. [Receipt of applications for registration; oath in case of challenge.]
They shall receive the application for registration of all such male persons, resi-
dent in such precinct as then are, or on the day of election which will next
follow such application will be entitled to vote therein and who shall person-
ally come before them, and such only, and may, and if the right of the applicant
to be registered be challenged, by any elector, shall administer the following oath,
to wit: "You do solemnly swear (or affirm) that you will truly and fully answer
all such questions as shall be put to you touching your place of residence, name,
age, place of birth, qualifications as an elector, and your right as such to be
registered and vote under the laws of this State."
66
2. [Examination of challenged applicant; entries in registers.] They
shall then examine each applicant as to his residence and qualifications as an
elector, and if not satisfied, or if any elector, so demands, shall enter the word
challenged" under the column for "remarks." Unless otherwise herein
directed they shall then, in the presence of the applicant, enter in the registers
his answers to their questions pertinent to the heading of each column, in their
order. In entering his number, such number shall be filled up consecutively,
leaving no blank, and in names they shall include his christian name or names
in full as well as his surname. In the column as to "residence," shall be stated
the name of the street, avenue, alley, or way in which his dwelling is located,
or access to the same usually had, and the number of the house if it has one.
If it has no number, a definite description by which it can easily be found,
must in every such case be given and entered. If there be more houses than
the one under the number so given, or if there be other families, tenants, or
lodgers in that in which the applicant resides, he must specify in which house
and on which floor, and whether front or rear of such house, he resides, and the
number or location of his tenement. In the [column] as to age, the years and
months must be stated, and if the applicant is not at the time twenty-one years of
age or more, the words "not of age" must be inserted in the column of remarks.
In the column as to "term of residence," the periods of years and months of his
residence in the precinct and State must both be stated. In the column as to
naturalization, the answer "Yes," or "No," or "native" must be given and stated.
If naturalized, the proper certificate or evidence must be produced. The column
as to "date of registration" must be filled with the date on which the applica-
tion was actually registered, and none other.
3. [Signature of applicant; by mark.] After the answers of the ap-
plicants to the questions under the head of each and every column have
been properly entered by the registrar in his presence, and not until then, he
must enter his signature on the same line, and in both of the registers in the
column "signatures." Signatures, when made by a mark, must be attested by
at least one subscribing witness, who shall be an elector, and may be examined!
by the registrars under oath as to his knowledge of the person thus attested,
and in such case noted by the registrars on the registers as "sworn" or "affirms,
as the case may be.
4. [Comparison of duplicate registers; close of day's registration; at-
testation.] Each of the registrars shall enter the statement of the applicants
in the duplicate register kept by him, and both shall be signed by the applicant.
At the close of each day's registration, the registrars shall compare their registers
with each other, and correct any discrepancies in form before closing them for
the day. The registrations for the day shall then be ruled off by double lines
1642
{
§§ 2926j-2926k.
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
to be drawn by the registrars across the page in ink, and immediately under
the last name and statement so registered. And the registrars shall make a
note in writing under such double line stating "close of the first, second, etc.,
day's registration," and attest the same by their signatures in both registers.
The registers shall then be deposited by them at the end of each day at the
office of the board of elections.
5. [Registers, where deposited.] All registers, when not in the official
use of the registrars or the judges of the elections, shall at all times be deposited
and locked up in the office of the board of elections of such city, subject to be
produced for inspection at all proper times. [1886, May 19: 83 v. 209, 217; 82 v.
232, 235.]
See note to Daggett v. Hudson, 43 O. S. 548, under ? 2926.
See note to 2 2926.
Cited: Ebbenpowell v. State, 14 C. C. 133; 7 O. D. 572.
SEC. 2926j. [Voters required to register; registration of persons
disabled by sickness, etc.] Every male person who is a citizen of the United
States, and a lawful resident of this state, and of any city of the first and
second class, and who is, or at the next [ensuing] election in such city will be
entitled to vote therein, shall, on application, in the election precinct where
he lawfully resides, and complying with the requirements herein, be registered
as a resident and elector therein, but not otherwise. But no person shall be
entitled to vote at any election in any such city unless he shall establish his
residence by causing himself to be registered in the precinct where he shall
claim to reside, in the manner and at the time required herein, nor shall any
ballot be received by the judges at any election under any pretence whatever,
unless the name of the person offering such ballot shall have been entered on
both of the registers of the precinct in which he claims to vote, as herein pro-
vided. And it shall be the duty of every elector resident in any such city to
see that his name has been so registered. But any elector in any such city
who is prevented by sickness or physical disability from appearing before the
registrars, at the place in his election precinct, on the days for general registra-
tion hereby appointed, may apply to such registrars on either of said days by
his affidavit, made before any judge or justice of the peace or notary public in
such city, and containing a full and proper answer under all the heads or
columns required for registration, and transmit the same to such registrars by
a credible person, who is an elector of such precinct, and personally cognizant
of the sickness and disability of such applicant, and of the facts stated in such
affidavit, and who shall be examined by such registrars, under oath, in the
premises. And if satisfied that such applicant is a resident of such precinct,
and that he is then, or on the day of the next election, will be qualified to vote
in such precinct, but not otherwise, such registrars shall enter said applicant
as registered, and in the column for signatures enter the word "affidavit," and
transmit the affidavit, with the registers, to the judges of election, and such
registration shall be sufficient. [1889, April 13: 86 v. 281, 284; 83 v. 209, 218;
82 v. 232, 235.]
See note to Daggett v. Hudson, 43 O. S. 548, under 2 2926.
See note to ≥ 2926.
""
SEC. 2926k. [Certificates in case of removal or mistake; new regis-
tration; disposition of such certificates; transfers, when valid.] Any elec-
tor who, being the head of a family, and duly registered in the precinct where
he then resided shall remove into another precinct in the same city, may apply
in person to the registrars of his previous precinct for a "removal certificate,
and the same shall be made and signed by them, certifying his said registra-
tion, with all its particulars, as shown on their registers, but adding his state-
ment of the new residence and precinct to which he has removed. They shall
then immediately cancel his registration on their registers by drawing double
lines in ink through the same, and noting his "removal" and the ward and
1643
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
§ 29261.
precinct to which he has removed in the column of "remarks," but such note
must be subscribed by such applicant. And when by mistake a qualified
elector has caused himself to be registered in a precinct which was not his place
of residence, the registrar therein, on full and satisfactory proof that such error
was committed by mistake, and without fraud or any unlawful intent, may, on
his personal application and proof of his true residence, give him a similar cer-
tificate as in case of a removal, and cancel his registration in the same manner
on their registers. And the certificates, in case of a removal or mistake so
granted, shall if presented in due time to the registrars of the precinct where
such person so certified lawfully resides and proper proof thereof made to
them, shall entitle such persons to be registered therein. But in all cases where
registration is so granted upon certificates from the registrars of other pre-
cincts, or by order of the board of elections as hereinafter provided, such certifi-
cates or order must be retained by the registrars to whom it is presented, and
filed by them in the office of the board of elections and preserved. But no
such certificate or transfer shall be allowed or be of any validity unless certified
and signed by both of the registrars of the precinct in which the registration
was first made. [1886, May 19: 83 v. 209, 219.]
Modified as to certain special elections in Hamilton, see ? (2711—10).
See note to Daggest v. Hudson, 43 O. S. 548, under 2 2926.
See note to 2 2926,
SEC. 29261. [Annual registration lists; heading; certificate; posting
of lists; bound volume of lists; pamphlets; duplicate registration lists for
use at polls; comparison.] On Monday in the week preceding the November
election, annually, the registrars of each and every precinct of elections shall
make out and deliver to the board of elections in such city at their office, a
true list of the names of all the electors registered by them in their respective
precincts, arranged in the alphabetical order of their surnames, followed by
their full christian names and residence, and having the registry number of each
prefixed. This list shall be under the following heading, namely: "List of elect-
ors registered in ward
of the city of
No.
2
precinct
eighteen hundred and
"
"
"
on the
name,
days of
residence." And the following certificate shall be annexed at the end
of the list and signed by both of the registrars of the several precincts, namely:
"We, the undersigned registrars of electors in ward
"
>
in the year eighteen hundred and
>>
,
precinct
of the city of
in the county of — and State of Ohio, do certify
that the foregoing list is a true and correct copy of the names, residences, and
registry numbers on the registers of said precinct of all persons who have been
registered by us as residents, and qualified electors in the said precinct, this
day of
And it shall
be the duty of the board of elections immediately to cause at least three copies
of the list for each and every precinct in such city, respectively, to be printed
on broadside sheets of thick paper, and in pica type, two of which lists they
shall cause to be securely posted up at the polling place in such precinct, three
days or more before the November election annually, and also before every
other election. The third copy from each precinct shall be retained by the
board of elections and annually bound together in a volume and preserved in
their office, and they shall cause at least fifty additional copies of such lists,
respectively, to be printed in pamphlet form for immediate distribution. Said
registrars, after making and returning such lists to the board[s] of elections,
shall also make out in books, to be prepared and furnished to them by such
board, duplicate lists of all the registered electors in their precinct, arranged
alphabetically in the order of their surnames, followed by their full christian
names, ages, and residences as registered, and the registry number of each pre-
fixed. The books to be prepared for this purpose shall be ruled in columns, with
printed headings, as follows, namely: Registry number
name
1
1644
§§ 2926m-2926n.
age
,
CONDUCT OF ELECTIONS.
"
Tit. XIV, Ch. 2.
residence
voted , remarks. These lists shall be carefully
compared by the registrars of each precinct with the registers thereof, and with
each other, and then certified by them in the form prescribed for the lists.
returned to the board of elections, and at the opening of the polls at the next
succeeding election, shall be there produced by them for the use of the judges
as herein provided. [1886, May 19: 83 v. 209, 220.]
See note to Daggett v. Hudson, 43 O. S. 548, under ? 2926.
SEC. 2926m. [Meeting for granting or receiving certificates of re-
moval or mistake; corrections; noting of changes; registrations by order
of board of elections; such orders when made.] On Monday, the day pre-
ceding the November election in each year, the registrars of each and every
election precinct aforesaid, shall meet at three o'clock in the afternoon, at the
polling place appointed for holding elections therein, and there remain in ses-
sion until six o'clock] in the evening. At this meeting, and at no other time,
they shall receive and act upon any application for either granting or receiving
certificates of removal or correction of mistakes as herein provided for; and if
any material error or mistake in the description of any elector in such pre-
cinct has been discovered, he may appear at this meeting, and on good cause
being shown, the registrars may then correct the same. But any change in
the registers which shall be allowed by the registrars at such meeting, must
immediately be noted by them in the registers and also in the books contain-
ing the duplicate lists for the use of the judges as above provided and if not
then and there so noted, shall be wholly null, and disregarded by the judges
of election. At this meeting, also, and subject to the same conditions, any
qualified elector of such precinct may be registered who shall appear and pre-
sent an order requiring it, signed by not less than three members of the board
of elections; provided, that no such order shall be made or considered by said
board of elections, except in a joint session, nor unless the applicant shall
appear before them personally after the last day of general registration, and
prove to their satisfaction that he could not, by due diligence, have appeared
before the registrars in his proper precinct on either of the days appointed
herein and shall furthermore comply with all the prescribed requirements for
general registration. [1886, May 19: 83 v. 209, 221.]
See note to Daggett v. Hudson, 43 O. S. 548, under ? 2926.
See note to ? 2926.
SEC. 29260. [Meeting on evening prior to election; organization;
securing ballot-boxes and accommodations, etc.; witnesses and challeng-
ers; their admission to polling room; inspection of ballot-boxes before
opening of polls: same to be in plain view; rights of challengers; chal-
lenge of lists; examination.] On Monday, the day preceding the November
election in each year, the registrars, as judges of election, and the other two
judges of election in each precinct, shall meet at the polling place appointed
for holding the election therein at seven o'clock in the evening punctually,
and then and there organize as a board by electing one of their number by
ballot as chairman. If they fail so to elect a chairman within ten minutes,
they shall immediately choose a chairman by drawing lots. They shall at this
meeting make all necessary arrangements for securing the ballot-boxes and the
proper accommodations for themselves and the clerks of elections in receiving
and counting ballots at the ensuing election, and also, if requested, for the wit-
nesses and challengers designated by each political party to be admitted
within the polling rooms as follows, namely: At every election the executive
or principal committee of each political party presenting one or more candi-
dates for suffrage, may by writing, certified by its chairman and secretary, and
presented to the judges of election at or before this meeting, designate not more
than three electors of such city as witnesses, and one other elector as a chal-
lenger, to attend at such election in behalf of such party. It shall be the duty
1645
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
§ 29260.
of the judges of election in each and every ward and election precinct to admit
the witnesses and challengers so accredited, into the polling room with them-
selves and the clerks, at the ensuing election, and to place them so near to
themselves and the clerks, that they can fully and conveniently watch every
proceeding of the judges and clerks from the time of opening the polls until the
counting, certifying and signing of the final return of such election. Before the
opening of the polls the ballot-boxes shall be opened, if requested by either
of them, so that the inside and the locks and keys may be inspected by them.
No ballot-box, nor any ballot when taken from it for counting, shall be
removed or screened from the constant sight of such witnesses or challengers
until the counting has been closed and the certificate of the final returns
completed and signed by the judges. The challengers so designated shall be
so placed that they can fully see and meet each and every person offering a
ballot to the judges or either of them. And at such meeting, on the even-
ing of the day preceding an election, any elector may appear and challenge
the vote of any person named in the register of such precinct, and the word
"challenged" shall immediately be entered by the judges opposite the name
of such person on both of the duplicate lists of electors, and if he shall offer
to vote at any election, the judges shall, upon such challenge, examine him
under oath as to his qualifications as an elector in such precinct. [1886,
May 19: 83 v. 209, 221.]
See note to ? 2926.
This section is not repealed as to city districts by ? (2966-34); hence each party is entitled in Cincinnati to
one challenger and one inspector, and in the country precincts of Hamilton county to two challengers and
one inspector: Oliver v. Bode, 3 N. P. 298; 6 O. D. 57.
SEC. 29260. [Opening and closing of polls; duty of registrars; location
of ballot-box; challenges.] On the day of the November election in every
year, and of any other election, the poles in each and every precinct in cities of
the first and second class shall be opened by the judges of elections appointed
and organized as in this act provided, by proclamation made by the chairman,
at the hour of six o'clock in the morning, and shall be closed by proclamation,
at the hour of four o'clock in the afternoon in cities of the first grade of the
first class, and at the hour of six o'clock in the afternoon in cities of the
second, third and fourth grades of the first class, and in cities of the second
class. The registrars acting as judges shall punctually, at the hour of opening
the polls, attend and produce at the polling places in the several precincts, the
registers' affidavit of sick or absent electors and accompanying papers, and also
the duplicate certified list of electors, prepared by them as herein required.
The chairman of the board shall at once designate two members of the board
of judges of different political parties, each to hold and to have charge of one
of the said duplicate lists; no ballot shall be deposited in the ballot box, until
the name of the elector offering it, shall first have been stated by him, and
announced aloud by the judge holding the ballot, nor until it shall have been
found on both such lists, and so announced by both of the judges holding
such lists. Every ballot must be put in the ballot box by the judge who'
receives it from the elector; and such judge and the ballot box must always be
so placed, and the ballot be so held forth by the judge, that it shall be in full
view of the elector, until actually put into the box. For any willful violation
or evasion of this rule by any such judge, he shall at once be expelled from his
office by the other three judges, and the vacancy filled in the manner provided
by section two thousand nine hundred and twenty-six (e), and immediately upon the
depositing of the ballot in the box, each of the said judges shall check off the
name of such elector on the duplicate list, held by him, by placing a
distinctly with ink in the column under the word "voted," and in the line
with the elector's name; provided, that it shall be unlawful for any judges or
clerks of election, or of any of the witnesses or challengers, admitted into the
polling rooms at the election, at any time while the polls are open, to have in
"V"
1646
$2926p.
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
his possession, or to distribute, or to give out any ballot or ticket to any person
on any pretense, nor during the counting or certifying of the votes, to have
any ballot or ticket in his possession or control, except in the proper discharge
of his duty, in receiving, counting or canvassing the votes as required by law;
but this prohibition shall not extend to the lawful exercise by any judge or
clerk of elections, or witness, or challenger aforesaid, of his individual right to
vote at such election. Any registered elector, when offering to vote, may
nevertheless be challenged by an elector as a non-resident, or for any of the
causes allowed by law, and he shall be sworn, and the same proceeding there-
upon had as in other cases; in all cases of challenge, the judges holding the
duplicate lists aforesaid, shall note the word "sworn" opposite the name of the
person challenged. And except as otherwise required herein, the judges of
elections appointed, as herein provided, shall have the same powers and dis-
charge all the duties conferred or required by the general laws of the state
regulating elections. But except where some authority or duty is herein.
allotted to one of said judges, no order or action on their part shall be of any
validity without the concurrence of three members of said board of judges in
any precinct. [1889, April 13: 86 v. 281, 285; 84 v. 119, 122; 83 v. 209, 222.]
See note to ? 2926.
SEC. 2926p. [Certificate and proclamation of total vote cast; electors
checked on duplicate lists; questions of doubt; opening of ballot-box;
counting.of ballots; excess of ballots to be destroyed; minute of destroyed
ballots; completion of count; proclamation of result; certificate of result
for board of elections; duty of judges; abstracting result; signing of poll-
books; numbers, how expressed.] Immediately upon the close of the polls
at any and every election in such cities, the number of electors entered and
shown on the poll-books as having voted, shall be first certified therein and
signed by the board of judges and the clerks; and before any other or further
proceeding the chairman of the board shall make a proclamation in a loud
voice in the street outside of the polling room, stating the number of voters so
shown and certified on the poll-books. The number of electors who shall have
been checked on each of the duplicate lists as having voted, shall next be
counted and compared each with the other, and with the number so shown in
the poll-books, and the result shall be at once certified in the poll-book and
signed by the judges. And in counting those who are checked, the word "no"
shall at the same time be entered in ink in the same column opposite the name
of each and every elector who is not so checked off. In all cases of disagree-
ment or doubt on any question during the election or counting, the judges may
refer to the original registers, and they shall be conclusive when relevant. The
ballot-box shall then without any adjournment or delay be opened, and with-
out opening any ballot or ascertaining its contents, the number of ballots shall
first be counted. If the number of ballots exceeds the number of names on the
poll-books, the ballots shall be replaced in the box, and one of the judges shall,
with his back to the box and without seeing it, draw out, without showing them,
and destroy a number of ballots equal to the excess. And if during the count-
ing of the ballots or at the conclusion of the counting, an excess of ballots be
discovered, all the ballots shall be returned to the box, and after being thor-
oughly mingled the excess shall, in the manner directed above, be drawn out
and destroyed, and the count corrected accordingly. In all cases where ballots
have thus been drawn out and destroyed, a minute of the number destroyed
and the reason shall be made on the tally sheet. The count shall then com-
mence and proceed without interruption or delay, and in no case shall cease
until it is completed, proclaimed, and the final result certified as herein required.
As soon as the ballots have been counted and tallied, and the clerks have
estimated the number tallied for each candidate, the chairman of the board
shall make a second proclamation in the same manner as the first, stating the
1647
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
§§ 2926q-2926r.
whole number of votes cast, and the number counted and tallied for each can-
didate; and this proclamation shall be prima facie proof of the result. The
judges and clerks in every precinct shall at the same time make out and certify a
summary statement of the number of votes cast therein, and the number counted
and tallied for each candidate as announced in the proclamation, and despatch
the same without delay by a special messenger, and in a sealed envelope to the
board of elections at their office. The judges of election shall also, as soon as
the result has been proclaimed, announce it to the board of elections from the
nearest police station, or from a telegraph or telephone station if nearest to them.
At the request of any of the persons designated to witness the counting of the
ballots, the judges and clerks of election shall also sign and deliver to him a
certificate containing the same statements as required to be made to the board
of elections. After completing the counting and enumeration of the ballots,
and proclaiming and issuing the statements of the result, as herein before
directed, the number of votes for each person shall be set down in the poll-
books, under the inspection of the judges and certified and signed by them in
manner and form as prescribed in, and by sections two thousand nine hundred and
twenty-two to two thousand nine hundred and sixty-six inclusive, chapter two of title
fourteen in the first part of the Revised Statutes. In all certificates the number
of votes shall be fully written out in words, and also stated in figures.
[1886,
May 19: 83 v. 209, 223.]
SEC. 2926q. [Session of board of elections on day of election; reports
of election; assignment of police; certificate in case of mistake in register-
ing.] The board of elections shall convene in session at their office at six
o'clock a. m. on the day of every election in such cities, and remain in session
continuously until the statements giving the result of the election, as required
above, shall have been received from every precinct in such city. The board
shall have power to employ messengers, to use the telephone and telegraph,
direct the police force of the city, and use any other lawful means to secure
prompt and correct reports from the election judges, as above required. The
police authorities shall assign at least one policeman to do duty in each pre-
cinct on every day of an election. The board shall also have authority during
said day, in case any elector through no mistake or negligence of his own,
shall have been registered in the wrong precinct, to issue to such elector a cer-
tificate showing such fact, and such certificate when presented by such elector
to the proper registrars and judges, shall entitle said elector to vote in his proper
precinct, and such mistake shall be noted on the register. [89 v. 199; 83 v.
209, 224.]
SEC. 2926г. Disposition of poll-books; ballots to be burned; return
of registers, etc.; completion of work without adjournment.] The judges
of elections, after having set down the number of votes for each person, and
certified and signed the same in the poll-books in the manner prescribed by
law, shall put under cover one of the poll-books, seal the same, and direct it to
the "county board of canvassers;" the other poll-book shall be sealed in like
manner, and directed to the board of elections of such city; they shall then
destroy all the ballots so counted or found in the ballot-box by burning the
same completely; the judges, before separating, shall designate two of their
number as messengers (by lot if they can [not] agree), one of whom shall per-
sonally and within twenty hours from the close of the polls, deliver to the clerk
of the court of common pleas the poll-book so addressed to the "county board
of canvassers;" and the other, shall personally and within twenty hours, as
above, deliver the other poll-book to the board of elections at their office; the
chairman of the board of elections shall safely return the registers, the dupli-
cate lists made therefrom, the ballot-boxes and keys thereof, and all affidavits
or papers accompanying them to the board of elections or the secretary, at their
1648
§§ 2926s-2926t.
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
office within twenty hours; and the judges and clerks of elections shall not
adjourn, disperse, nor cease from proceeding as herein before required until all
the said requirements have been actually executed and completed in manner
and form as prescribed by law. [1886, May 19: 83 v. 209, 224.]
SEC. 2926s. [Adjustment of discrepancies between returns to clerk
and that received by board of elections.] The county board of canvassers,
on demand of any candidate, shall compare the returns as received by the
clerk, from the precincts in any city of the first and second grades in the first
class, with the certified statement sent by the judge[s] of election to the city
board of elections as herein required, and if found to disagree, the number cer-
tified in the statement last mentioned shall be taken as correct and counted,
unless proof of the returns received by the clerk, satisfactory to the board of
canvassers shall be made by [the] judges, clerks and witnesses of the count-
ing. And for the purpose of adjusting such discrepancy, and determining the
true result of the election, the board of canvassers shall also summon witnesses
and examine them under oath, as to the proceedings and proclamations at such
election in any precinct, and may also view and consider as part of the record,
the poll-books, registers, and duplicate lists made therefrom, as deposited as herein
provided; but such inquiry shall be limited exclusively to determining which
shall be adopted, namely: the returns as received by the clerk, or the certified
statement as received by the board of elections, as proof of the true vote at
the close of the polls in any precinct. [1886, May 19: 83 v. 209, 225.]
SEC. 2926t. [Salaries of members of board.] Each member of the
board of elections appointed under this act, in cities of the first and second
grades in the first class, shall be allowed and paid a salary of one thousand
dollars per annum. And in cities of the third and fourth grades in the first
class, and the first and second grades of the second class, a salary of four hun-
dred dollars per annum, payable quarterly, and in cities of the third grade and
the third grade a, in the second class, a salary of two hundred dollars per an-
num, payable quarterly, and in citics of the fourth grade in the second class, a
salary of fifty dollars per annum, payable semi-annually.
[Salary of secretary.] The secretary of the board of elections in cities of
the first and second grades in the first class, shall be allowed and paid a salary
of two thousand and four hundred dollars per annum, in monthly payments,
and in cities of the third grade in the first class, six hundred dollars per an-
num, in monthly payments.
[Salaries of members and secretary in Stark county.] In counties con-
taining a city of the first class, fourth grade, each member of the board shall
be paid a salary of four hundred dollars, three hundred of which amount to be
paid from the city funds and one hundred from the general fund of the county
in which the city is situated; and the secretary in such city of the first class,
fourth grade, shall be paid a salary of six hundred and fifty dollars, four hun-
dred and fifty dollars of which to be paid from the city funds and two hundred
from the general fund of the county, and the money payable from the county
funds shall be on warrants drawn by the county auditor upon orders certifying
the said services, signed by the president and secretary of the board, said pay-
ments to be in monthly installments.
[Salary of secretary in certain other cities.] And in cities of the first
grade, second class, a salary of five hundred dollars per annum, in monthly
payments, and in cities of the second grade of the second class a salary of one
thousand dollars per annum, to be paid in monthly installments, and in cities
of the third grade and third grade a, of the second class, a salary of two hun-
dred dollars per annum, and such additional sum, not exceeding one hundred
and fifty dollars per annum, as the board may allow, payable quarterly, and in
cities of the fourth grade of the second class, a salary of one hundred dollars
1649
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
$2926t (2).
per annum, payable quarterly, which salaries shall be paid from the city treas-
ury upon orders certifying the said services, signed by the president and secre-
tary, to the city comptroller, city auditor, or city clerk of such city.
[Compensation of registrars, judges and clerks; expenses to be paid by
county.] The registrars of each election precinct shall be allowed and paid
three dollars per day, and no more, nor for more than six days in any one
election, for their services as registrars. The judges of election, including the
registrars as such, and the clerks of election so appointed, shall each of them
be allowed and paid five dollars for each election at which they serve, and no
more, either from the city or county, except that in cities of the third and
fourth grades, and third grade a, in the second class, they shall each be allowed
and paid three dollars for each election at which they serve, and no more, either
from the city or county. But no registrar, judge, or clerk shall be entitled to
the compensation so fixed except upon the allowance and order of the board of
elections, made at a joint session, certifying that each has fully performed his
duty according to law as such, and stating the number of days' services actually
performed by each, and signed by the president and secretary of the board to
the city comptroller, city clerk, or city auditor of such city, but for all general
elections other than municipal, the county in which such city is located shall
pay the general expenses of such registration and election; and such allowance
and order for such expenses and compensation to such registrars, judges and
clerks shall be signed by the president and secretary of such board to the
county auditor of such county, who shall issue his warrants upon the county
treasurer for such amount. [93 v. 356; 92 v. 431, 168; 88 v. 179; 86 v. 281, 286;
84 v. 119, 123; 83 v. 209, 225.]
This amendment in its repealing clause disregards 93 v. 620, which is also inserted on
this account as 2926t (2).
Councilmen and aldermen, except in Dayton, to receive no compensation except when
acting as judges of election, see? 1683.
Judges of election were entitled to $5 per day compensation at November election 1894, in county and
city precincts of Hamilton county: State ex rel. v. Ehrman, 6 O. D. 11.
SEC. 2926t(2). [Salaries of members of board.] Each member of the
board of elections appointed under this act, in cities of the first grade in the
first class, shall be allowed and paid a salary of one thousand dollars ($1,000)
per annum, in cities of the second grade in the first class, a salary of six hun-
dred ($600) [dollars] per annum. And in cities of the third and fourth grades
in the first class, and the first and second grades of the second class, a salary
of four hundred ($400) dollars per annum, payable quarterly, and in cities of the
third grade, third grade a, in the second class, a salary of two hundred ($200)
dollars per annum, payable quarterly, and in cities of the third grade c of the
second class, a salary of one hundred ($100) [dollars] per annum, payable quar-
terly, and in cities of the fourth grade in the second class, a salary of fifty ($50)
[dollars] per annum, payable semi-annually.
[Salary of secretary.] The secretary of the board of elections in cities of
the first grade in the first class, shall be allowed and paid a salary of two thou-
sand and four hundred ($2400) dollars per annum, in monthly payments, and
in cities of the second grade in the first class, a salary of two thousand (2,000)
[dollars] per annum, in monthly payments, and in cities of the third grade in
the first class, six hundred ($600) dollars per annum, in monthly payments.
[Salaries of members and secretary in Stark County.] And in counties
containing a city of the first class, fourth grade, each member of the board shall
be paid a salary of four hundred ($400) dollars, three hundred of which amount
to be paid from the city funds, and one hundred from the general funds of the
county in which the city is situated; and the secretary in such city of the first
class, fourth grade, shall be paid a salary of six hundred and fifty ($650) [dol-
lars], four hundred and fifty of which to be paid from the city funds, and two
hundred from the general fund of the county, and the money payable from
the county fund shall be on warrants drawn by the county auditor upon orders
105
1650
§§ 2926u-2926v.
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2
certifying the said services, signed by the president and secretary of the board,
said payments to be in monthly installments;
[Salary of secretary in certain other cities.] And in cities of the first
grade, second class, a salary of five hundred ($500) dollars per annum in month-
ly payments; and in cities of the second grade of the second class, a salary of
one thousand ($1,000) dollars per annum, to be paid in monthly installments,
and in cities of the third grade, third grade a, of the second class, a salary of
two hundred ($200) dollars per annum, and such additional sum, not exceeding
'one hundred and fifty dollars per annum, as the board may allow, payable
quarterly; and in cities of the third grade c, of the second class, a salary of $100
per annum, and such additional sum not exceeding $100 as the board may
allow, payable quarterly, and in cities of the fourth grade in the second class,
a salary of one hundred ($100) dollars per annum, payable quarterly, which
salaries shall be paid from the city treasury upon orders certifying the said
services, signed by the president and secretary, to the city comptroller, city
auditor, or city clerk of such city.
The
[Compensation of registrars, etc.; expenses to be paid by county.]
registrars of each election precinct shall be allowed and paid three dollars per
day, and no more, nor for more than six days in any one election, for their
services as registrars. The judges of election, including the registrars as such,
and the clerks of election so appointed, shall each of them be allowed and paid
five dollars for each election at which they serve, and no more, either from the
city or county, except that in cities of the third and fourth grade, third grade a,
and third grade c, in the second class, they shall each be allowed and paid three
dollars for each election at which they serve, and no more, either from the city
or county. But no registrar, judge or clerk, shall be entitled to the compensa-
tion so fixed, except upon the allowance and order of the board of elections,
made at a joint session, certifying that each has fully performed his duty ac-
cording to law as such, and stating the number of days' services actually per-
formed by each, and signed by the president and secretary of the board to the
city comptroller, city clerk or city auditor of such city; but for all general
elections, other than municipal, the county in which such city is located shall
pay the general expenses of such registration and election; and such allowance
and order for such expenses and compensation to such registrars, judges and
clerks, shall be signed by the president and secretary of such board to the
county auditor of such county, who shall issue his warrants upon the county
treasurer for such amount. [93 v. 620.]
See note to 2926t.
This section is part of the new charter for Portsmouth to be submitted to electors.
SEC. 2926u. [Removal of secretary and members of board.] Any
member of the board of elections appointed and the secretary of the board may,
for any violations or neglect of the duties prescribed herein, or other official
misconduct, be removed at any time by the governor of the State, and he shall
fill the vacancy as provided in section two thousand nine hundred and twenty-six
(b). [1886, May 19; 83 v. 209, 226.]
See note to ? 2926.
SEC. 2926v. [April and other elections.] The preceding provisions
shall extend to the April election, or any other public election authorized by
law to be held in any city of the first and second class, as follows:
1. [Registration for such elections; changes in and additions to
register.] There shall be no general registration as provided in sections 2926h
and 29261, except that on Friday and Saturday in the second week before any
such election, the registrars for each precinct shall obtain the last preceding
registers made by them from the board of elections, and attend at the place in
such precinct appointed for registration of electors between the hours herein
directed for the purpose, and receive applications for registration by such quali
fied electors residing therein as are not already registered, and if qualified, shall
1651
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
$ 2926w.
enter the same in the registers, subject to the same rules and conditions as
herein prescribed as to general registration; and on such days shall also per-
form the same duties as prescribed in section 2926m. Between the first day of
March and the Thursday in the second week before the April election the sec-
retary of the board of elections shall be the registering officer, and shall per-
form the duties required in section 2926h, both as to electors who will be absent,
and as to affidavits of absentees; and on the days for revisions of the registra-
tion, the registrars shall receive affidavits of sick or disabled electors as required
in section 2926i. The board of elections may, during the week previous to the
April election issue orders for registration, which orders, if presented at the
meeting for organization, held Saturday evening before the April election, shall
be received by the registrars and be disposed of as required in section 2926m.
And any additions or changes then entered by them in their registers, shall
also be made in the duplicate list of voters, which, after being carefully com-
pared with the registers and with each other shall be produced by them, together
with the registers of such precinct at the opening of the polls on the day of
election, and then be used, applied and disposed of by the judges in all respects
as directed in section 29260.
2. [Organization of board of judges.] At seven o'clock in the evening
of the Saturday next preceding any such election the registrars for each and
every precinct, and the other two judges of election shall meet at the polling
place therein appointed for such election, and shall then and there organize as
a board of judges and perform the other duties prescribed in section 2926n and
in the manner therein directed.
3. [Poll-books.] The poll-book required by section 2926q [2926r] to be
delivered by the judges of election to the clerk of the court of common pleas,
shall be addressed by them to the "board of canvassers "of such city, and not
of the county, and deliver [ed] to the city clerk of such city, and not the clerk
of the court of common pleas.
4. [Board of canvassers.] The board of canvassers of elections in each
such city shall be composed of the said board of elections and the city clerk of
such city. Within four days after the April election in such city, every year,
or after any special election the said "board of canvassers" shall meet at the
office of the board of elections of such city, at ten o'clock in the forenoon, at
the call of the chairman of the said board of elections and organize by electing
a chairman and secretary; the returns received by the city clerk shall then be
produced by him and opened and canvassed by the board of canvassers as pre-
scribed in section 2926r and by law.
5. [New or altered wards and precincts; as to Dayton.] Whenever
a new ward has been created, or the boundaries of any ward or precincts
have been changed after the general registration, and before the April election
following, it shall be the duty of the board of elections to appoint election
officers, rearrange the voting precincts, provide for registration of electors not
already registered, make new registers, and certify the registration of registered
electors whose voting precinct has been changed and make all necessary arrange-
ments and regulations for holding elections in such new or altered wards and
precincts; provided, that the right of any registered elector to vote shall not
be prejudiced by any error in making out the certified lists of registered voters.
Section 2926h of the Revised Statutes, so far as it may conflict with section
2926v shall not apply to cities of the second grade and second class. [88 v. 248,
88; Repealed, 87 v. 366; 86 v. 281, 287; 85 v. 85; 83 v. 209, 226.]
See note to 2 2926.
SEC. 2926w. 1. [Permitting false registration; refusing registration;
penalty.] Any registrar of electors, or other registering officer, who falsely or
1652
§ 2926w.
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
'fraudulently enters or consents to the entry in any register or duplicate list of
the electors in any precinct, of the name of any person whom he knows or
has good reason to believe is not a resident or qualified voter in such precinct,
or who on request, refuses, neglects or hinders the registration of any person
who is a resident and qualified voter in such precinct, and offers to comply
with the requirements of the law for that purpose, shall be fined not less
than fifty dollars nor more than five hundred dollars, and imprisoned not less
than thirty days nor more than six months, or both.
2. [Inducing same; inducing neglect of duty; penalty.] Whoever by
any gift, promise or offer, or by coercion, intimidation, or other unlawful
means, induces or influences, or attempts to induce or influence any registrar
of electors or other registering officer, to enter in the register or duplicate list of
electors in any precinct, the name of any person, real or fictitious, living or
dead, who is not a resident or qualified elector therein, or who shall fraudu-
lently induce any registrar or registering officer, to refuse registration in a pre-
cinct to any person lawfully entitled to be registered as an elector therein, or
unlawfully prevent, hinder or delay any registrar or registering officer from
registering any person lawfully entitled to be registered, or to induce or influ-
ence such registrar or registering officer to violate or refuse or neglect the exe-
cution of any rule or duty touching his office and prescribed by law, shall be
imprisoned in the penitentiary not less than one year nor more than three
years.
3. [False registration; penalty.] Whoever falsely and fraudulently
obtains or attempts to obtain registration, as an elector, in any precinct in
which he is not a resident and qualified elector, shall be imprisoned in the
penitentiary not less than one year nor more than three years.
4. [Inducing same; penalty.] Whoever fraudulently induces or attempts
to induce, aid or abet any person to obtain or apply for registration as an elector
in any precinct where such person is not a resident and qualified elector, shall
be imprisoned in the penitentiary not less than one year nor more than three
years.
5. [Obtaining registration by personating another; penalty.] Who-
ever falsely personates, or assumes the name of any other person, real or fictitious,
living or dead, in obtaining or attempting to obtain registration in such
assumed name as an elector in any precinct, or falsely obtains or applies for
registration as an elector in any name other than his own, or fraudulently aids
or abets any other person in committing or attempting to commit either of said
offenses, shall be imprisoned in the penitentiary not less than two years nor
more than five years.
6. [Hindering registration; penalty.] Whoever fraudulently or by any
unlawful means prevents, hinders, or delays, or attempts to prevent, hinder,
or delay any elector from applying for registration as an elector in the precinct
where such elector resides and is entitled to vote, with intent to deprive such
elector of his right to vote, shall be imprisoned in the county jail not less than
thirty days nor more than six months, and fined not less than fifty dollars nor
more than five hundred dollars.
7. [Procuring unlawful erasure in registration lists; penalty.] Who-
ever by any false statement or other unlawful means, procures, or aids or
attempts to procure the erasure or striking out of the register or duplicate list
in any precinct of the name of any elector who is a resident and qualified elec-
tor therein, shall be imprisoned in the penitentiary not less than one year nor
more than three years.
8. [Distributing ballots inside of polling room; penalty.] Any judge
or clerk of election, witness, challenger, or other person whatever, who is
admitted into the polling room at any election, and who at any time from the
1653
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
$2926w.
opening of the polls until the ballots are finally counted and certified, and
while in said room distributes or gives out to any person, on any pretense, or
brings into said room, or has in his possession or control any ballot or ticket
except that which he shall offer to the judges as his own vote if an elector,
shall be fined not less than twenty-five dollars nor more than five hundred
dollars, or imprisoned in the county jail not less than thirty days nor more
than one year.
9. [Permitting ballots in box at opening of polls, etc.; penalty.] Any
judge of election who shall permit any ballot or ticket to remain or be in the
ballot box at the opening of the polls, or be put into the ballot box, at any
time during the receiving, counting, and certifying the ballots, except when
lawfully presented by an elector in the course of an election, shall be impris
oned in the penitentiary not less than two years nor more than five years.
10. [Perjury; penalty.] Whoever shall be guilty of willful and corrupt
false swearing or affirmation, upon any examination, by or before any registrar
or registering officer authorized by this act, shall be guilty of perjury, and
imprisoned in the penitentiary not less than one year nor more than five
years.
11. [Neglect of duty by officers of election; penalty.] Any member of
the board of elections or secretary thereof, or any registrar of electors, or judge
or clerk of elections in any city of the first and second grades and first class
who shall willfully refuse and neglect to execute and perform any duty pre-
scribed by this act to be done or performed by him, shall be fined in any sum
not less than fifty dollars nor more than five hundred dollars, to be recovered
in the name and behalf of such city, or imprisoned in the county jail not
less than thirty days nor more than one year, or both, in the discretion of the
court.
12. [Counterfeiting registration certificates, etc.; penalty.] Whoever
makes, issues, utters or publishes any false or counterfeit certificate of registra-
tion authorized by this act to be granted by registrars of electors and boards of
election, or fraudulently alters any such certificate granted by any of said
officers, or who makes, issues, utters or publishes any false certificate, statement
or proclamation of the result of an election, knowing such certificate, state-
ment or proclamation to be false, or who willfully destroys, defaces or conceals
any certificate or statement of the result of an election, entrusted to him or his
care for delivery, shall be imprisoned in the penitentiary not less than two
years nor more than five years.
13. [Acting as registrar, judge or clerk without certificate of appoint-
ment; acting as substitute judge without notice, etc.; neglect to forward
notice, etc.; penalty.] Every person who may act as registrar, judge or clerk
of election without having received his certificate of appointment from the
board of elections, except the judges and clerks appointed in the manner herein
provided in section two thousand nine hundred and twenty-six (e), by the judges to
fill [a] vacancy caused by absence or removal, and every such person so appointed
by the judges, who shall act without notice thereof having been sent to the board
of elections, and the judges who may make such appointment and neglect and
fail to send notice thereof to the board of elections, and every person to whom
such notice for the board may be given for delivery to the board who shall
neglect or fail to deliver the same as promptly as possible shall be guilty of a
misdemeanor and shall be fined not more than one hundred dollars or less
than twenty-five dollars, or imprisoned thirty days or both fined and impris
oned. [1886, May 19: 83 v. 209, 226.]
An indictment for falsely and fraudulently obtaining registration, alleging as the only representation
made. that he represented to the registrars, that he was then a qualified voter of Precint "A," of the third
ward in said city of Findlay Ohio, and thereby falsely, fraudulently and unlawfully, did obtain registration
iu said precinct," is demurrable: Ebenpowell v. State, 14 C. C. 129; 7 O. D. 572.
1654
§ (2926w-1).
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
BOARD OF ELECTIONS IN HAMILTON, CUYAHOGA, AND LUCAS, AND FRANKLIN
COUNTIES.
Sec. 1 of the original act, in 86 v. 258, was repealed in 88 v. 468, 29; then the act in 86 v. 258, as amended
in 88 v. 468, 229, is amended in 89 v. 429, as in section 2926w-1 below; then the whole act of 1891, 88 v. 468, is
on the same day repealed, 89 v. 432, but 89 v. 429 is not mentioned as in force; then the entire act ending
58 v. 468 was repealed, 89 v. 432.
(2926w-1) SEC. 1. [When city board of elections shall act as county
board.] In any county having within its territory a city of the first class and
first grade of the second class, except counties containing cities of the first class,
fourth grade, the election precincts of the county not included within the city,
shall be held and deemed to be election precincts of the city for the purpose of
conducting and supervising elections therein, and the boards of elections here-
tofore established in such cities shall have directions of elections in such pre-
cincts and throughout such county; and all the provisions, duties, penalties
and requirements contained in section two thousand nine hundred and twenty-
six of the Revised Statutes, and supplemental sections as heretofore amended
shall apply and be in full force as to all elections held in such counties as well
as such cities, except as herein specified; and the members, secretary, deputy
secretary, clerks and assistants of such board, shall be electors of the county
and not of the city merely. [93 v. 361, 174; 89 v. 429; 88 v. 468; 86 v. 258.]
(2926w-2) SEC. 2. [Provisions applicable to election precincts out-
side of cities.] The following provisions included in this section, shall apply
only to elections in precincts not included in such cities: Registration of elec-
tors, as provided in the above mentioned sections, shall not be required. The
board of elections may, in its discretion, authorize the judges of elections to
omit the meeting for organization, provided in section 2926n, but in all such
cases the judges shall organize as therein required, on the morning of the elec-
tion, before opening the polls. The boards of elections may, when expedient,
permit the oath required by section 2926e to be administered by an officer
authorized to administer oaths without the appointee appearing at the office
of the board, and any such officer is required to administer such oaths without
compensation; but in all such cases the oath, duly certified, must be filed in
the office of the board before the certificate of appointment is issued. The
board may dispense with the notice of appointment required in section 2926e;
when vacancies occurring on the day of election have been filled, as required
in said section, and when said notice has been so dispensed with, the appointee
shall serve upon such appointment as if he had been appointed by the board.
The board may authorize judges of election to forward, by mail, the certified
summary statement of votes required in section 2926p; provided, the said
judges shall have announced the vote to the board by telegraph or telephone,
as required in said section and in section 2926q. The board of elections shall
provide for the safe-keeping and delivery of the ballot-boxes as may seem ex-
pedient. [93 v. 362, 174; 89 v. 429; 86 v. 258. ]
(2926w-3) SEC. 3. [The poll-book.] At every election, in any county
as aforesaid, for state or county officers, or for representatives in congress, or
for presidential electors, the poll-book of each precinct, addressed to "the county
board of canvassers," as required by section 2926r, shall be delivered at the
office of the board of elections. The other poll-book shall be addressed to the
“clerk of the court of common pleas," and delivered to him, and he shall pre-
serve it for one year, for inspection as a public record, and shall, upon demand
of the board of canvassers, produce any such poll-book for their inspection and
use. The time and manner of delivery of poll-books shall be as provided in
section 2926r, except that the poll-books from election precincts not included
within the city, shall be delivered within twenty-four hours after closing the
polls. The president or secretary of the board of elections may order the sum
mary arrest of any judge of elections in such county, who fails to make returns
of
any election; and it shall be the duty of the sheriff of the county, or of ang
1655
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
§ (2926w—4).
policeman or constable, to whom such order may be directed, to bring such
delinquent judge, together with the poll-book, and other books pertaining to
the election or registration, before said board. [93 v. 362, 174; 89 v. 430; 86 v.
259.]
A dismissal under section 7047, is no bar to a prosecution for violation of 2926w-3, at the same elec-
tion; there are two offenses contemplated, one under the general election law, the other under the registra-
tion law: In re application of John Donahue, 4 N. P. 296; 6 O. D. 389.
(2926w-4) SEC. 4. [The county canvassing board.] The members
of the board of elections shall constitute the county canvassing board; and all
duties as to canvassing the votes and making returns of the same, now by law
assigned to the clerk of the court of common pleas, shall be performed by such
board. Within four days after the election in November, and after any special
election for county or state officers, or for representative in congress, the mem-
bers shall meet at the office of the board of elections, and organize by choosing
one of their number to be president, and appointing a secretary and necessary
assistants. They shall proceed to canvass the vote of the county, and make
In case of doubt
return of the same as required by section 2926s, and by law.
or disagreement, so that the board cannot proceed with the canvass, a state-
ment in writing in [of] the matter in doubt or controversy, shall be made and
forthwith submitted to one of the judges of the circuit, for the circuit in which
the county is situated; and if the board cannot otherwise agree the judges shall
be selected by lot. Such judge shall summarily decide upon the matters sub-
mitted to him, and his decision shall be final. [93 v. 363, 175; 89 v. 430; 86
v. 259.]
(2926w-5) SEC. 5. [Compensation of officers, and expenses.] Judges
and clerks of election, appointed as herein provided, shall be allowed compen-
sation as fixed in section 2926t. Salaries of the members and secretary, as fixed
in said section, shall be paid out of the city treasury; and in addition there
shall be allowed to each member of the board, in counties containing cities of
the first class, except counties containing cities of the first class, fourth grade,
the sum of five hundred dollars per annum, and to the secretary the sum of
six hundred dollars per annum, and in counties containing cities of the first
grade of the second class, to each member of the board and to the secretary,
the sum of four hundred dollars per annum, all payable quarterly out of the
treasury of the county. The expense of the purchase and repair of ballot-boxes,
shall be paid out of the county treasury. All other expenses of every descrip-
tion incurred between the first day of July and the thirty first day of December
in each year, shall be paid out of the county treasury; and all expenses in-
curred between the first day of January and thirtieth day of June in each year,
shall be paid as heretofore provided by law. All payments shall be made upon
vouchers of the board, made and certified as required by section 2926d. [93,
v. 363, 175; 89 v. 431; 86 v. 259.]
Councilmen and aldermen, except in Dayton, to receive no compensation except when
acting as judges of election, see ? 1683.
(2926w-6) SEC. 6. [In other than above counties deputy state su-
pervisors shall act; judges and clerks.] In all counties other than counties
containing cities of the first class and first grade of the second class, in or for
which there is or may be established deputy state supervisors of elections, said
deputy state supervisors shall, in their respective counties, in the conduct of
elections, have all the powers and perform all the duties conferred and inposed
by this act, and the sections of the Revised Statutes amended and re-enacted
therein, on the clerks of the court, and be subject to the same provisions, pen-
alties and requirements. Judges and clerks appointed for the several precincts
of a county by such board of elections or deputy supervisors or other officer or
officers, shall serve as such in the conduct of all elections under this act in pref-
erence to the judges and clerks provided for herein, and shall perform all the
duties and exercise all the powers and be subject to all the penalties imposed,
conferred or prescribed in the sections of the Revised Statutes amended and
-
1656
§§ 2927-2932a.
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
re-enacted by this act upon judges and clerks of election. [93 v. 363, 176;
89 v. 431.]
GENERAL PROVISIONS.
SEC. 2927. [At what precincts electors to vote.]
shall vote at the polls of the precinct in which they have
[67 v. 47, §2; 39 v. 13, § 3; S. & C. 544.]
Qualified electors
a legal residence.
The electors of a city, the boundaries of which are not coterminous with those of the township in which
the same is situate, are not entitled to vote for township officers whose duties are confined exclusively to the
territory without the corporate limits of such city; but they may vote for all township officers when they
have a like or similar interest, with the electors of the township, in the offices to be filled: State v. Ward, 17
O. S. 543.
SEC. 2928. [Ballot-boxes.] The deputy state supervisors shall cause to
be provided, at the expense of the county, a ballot-box for each precinct there-
in which may be without the same, and cause it to be deposited with the
proper township or corporation clerk; and every such clerk shall cause a
ballot-box, with a copy of this title, to be delivered at each place of holding
elections in his township or corporation as often as elections are held therein,
and after each election the same shall be forthwith returned to him by the
judges of election for safe keeping; provided, that whenever a board of elec-
tions is established, the purchase and care of ballot-boxes to be used at any
election under its direction shall devolve upon such board. [90 v. 277; 89 v.
424; 88 v. 468; 86 v. 258, 259; Rev. Stat. 1880; 50 v. 311, § 3; S. & C. 532.]
See ? (2926w-5.)
The stamp is intended to authenticate each ballot deposited in the box as genuine: Dalton, Clerk v. State
ex rel. Richardson, 43 0. S. 668.
The auditor of Hamilton county was not authorized by law to issue, on the certificate of the sheriff of
said county, not approved by the board of county commissioners thereof, a warrant upon the treasurer for
the amount of a bill claimed to be due for ballot-boxes furnished by such sheriff under the provisions of
this section. And a mandamus will not be issued against the treasurer at the instance of the holder of such
warrant, requiring him to pay the same, on his refusal to do so: State ex rel. v. Ratterman, 3 C. C. 626.
See note to 225 and 7 of the act of 1889, April 12 (86 v. 258, 259), following 2 2926w in this book. See, also,
note to 2926.
SEC. 2929. [When polls to be opened and closed; Cincinnati.] The
polls shall be open at five thirty o'clock central standard time in the forenoon,
and kept open up to and closed at five thirty o'clock central standard time in
the afternoon of the same day. Provided, that in cities of the first grade of
the first class the polls shall be closed at the hour of four o'clock in the after-
noon as provided by law in section twenty-nine hundred and twenty-six o (29260)
of the Revised Statutes. [90 v. 281; 88 v. 99; 50 v. 311, §5; S. & C. 533.]
See ? 29260.
See note to ? 2926.
When the polls are once opened, in accordance with the provisions of this section, they should be kept
open until the hour prescribed for finally closing the same: and good policy, as well as the convenience of
the electors desiring to vote thereat, requires that this evident intent of the law should be observed; but in
this respect the statute is directory, and a departure from its strict observance will not necessarily invalidate
an election when no fraud has been practiced, and no substantial right violated. Fry v. Booth, 19 O. S. 25.
SEC. 2930. [When to be but one set of judges at precincts.] [Repealed:
88 v. 468; 75 v. 546, §§ 1, 2.]
SEC. 2931. [Repealed 1880, February 16: 77 v. 10: Former statutes: Rev.
Stat. 1880; 76 v. 136, §§ 1, 3.]
JUDGES OF ELECTION.
SEC. 2932. [Judges of election for township precincts: how consti-
tuted and chosen.] [Repealed: 91 v. 118: Former laws: 90 v. 278; 89 v. 424;
88 v. 468; 86 v. 93; 83 v. 83; 77 v. 51; 74 v. 19.]
SEC. 2932a. [Clerks.] [86 v. 93, 95; repealed, 88 v. 468; re-enacted, 89
v. 425; repealed, 90 v. 282.]
1657
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
§§ 2933-2938.
SEC. 2933. [90 v. 278; repealed, 91 v. 118; amended, 90 v. 278; re-enacted,
89 v. 425; repealed, 88 v. 468; re-enacted, 87 v. 331; repealed, 1887, March 16:
84 v. 119, 123. Former statutes: 83 v. 11; 82 v.59. 80 v. 44; 77 v. 51; Rev.
Stat. 1880; 74 v. 19, § 1; 75 v. 58, § 12.]
By the act of 1886, February 23, three sections supplemental to 2 2933, with sectional numbering 2933a
29336, and 2933c, were created; but were repealed 1887, March 16: 84 v. 119, 123. See second part of note under
¿ 2926.
SEC. 2934. [Repealed 1880, February 16: 77 v. 10. Former statutes:
Rev. Stat. 1880; 76 v. 136, § 3.]
SEC. 2935. [Filling vacancies, oath of office, etc.] If a judge of elec-
tion, or the clerk of any township, fail to attend at the time and place of hold-
ing elections, or is a candidate for a state or county office, the electors present
shall choose, viva voce, a suitable person, having the qualifications of an elect-
or, to act in place of such absentee or candidate, as judge or clerk of such elec-
tion; and in the election of such person or persons, the same limitations and
restrictions shall be observed as are prescribed in section two thousand nine hun-
dred and twenty-six, so that the two leading political parties, in all cases, shall
have a representation on the board; and previous to the reception of any vote,
such judge or clerk, or any judge or clerk not being already duly sworn and
qualified according to law, shall take an oath, which may be administered by
any trustee or clerk of a township, or councilman, or other person authorized
to administer oaths, in the following form: "You, A. B., do solemnly swear
(or affirm) that you will perform the duties of judge, or clerk, of the election,
as the case may be, according to law and the best of your ability, and that you
will studiously endeavor to prevent fraud, deceit, or abuse in conducting the
same." [89 v. 426; 88 v. 468; 74 v. 20, § 2; (S. & C. 533).]
SEC. 2936. [Penalty for refusal to serve as judge or clerk.] A person
elected judge of election who refuses to qualify as such, or a judge of election
or clerk who refuses to discharge the duties imposed by law, or a person
chosen to act in place of either, who refuses to act, shall forfeit and pay a sum
not exceeding twenty dollars, for the use of the county, to be recovered, with
costs, in the name of the county, before any justice of the peace of the proper
township. [89 v. 426; 88 v. 468; 67 v. 47, § 8; (S. & C. 541).]
SEC. 2937. [Judges to open ballot-boxes in presence of spectators.]
Immediately before proclamation is made of the opening of the polls, the
judges, or one of them, in the presence and under the direction of the others,
and in the presence of the people there assembled, shall open the ballot-boxes,
and turn them upside down, so as to empty them of anything that may be in
them, and offer to such persons as may desire it the privilege of examining the
same in the presence of the judges, and then lock them; and the boxes shall
not be again opened till the polls are closed, and the counting of the ballots
begins. [67 v. 50 (51), § 3; (S. & C. 546).]
SEC. 2938. [To prevent loitering within seventy-five feet of polls;
penalty for violation of this act.] Judges of election shall, if requested, per-
mit the respective candidates, or not exceeding three of their friends, to be
present in the room where the judges are during the time of receiving and
counting out the ballots; and at all elections held within boundaries of any
municipal corporation during the receiving and counting of the ballots no
person shall congregate or loiter upon the streets, alleys and sidewalks within
seventy-five feet of the polling place of any election, or in any manner hinder
or delay any elector in reaching or leaving the place fixed for casting his ballot,
or within such distance of seventy-five feet to give or to tender or exhibit any
ballot or ticket to any person other than a judge of election, or to exhibit any
ticket or ballot which he intends to cast, or solicit or in any way attempt to
influence any elector in casting his vote. In the discharge of their duties, the
1658
§§ 2939-2940.
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
judges of elections may, if necessary, appoint and require any elector or elect-
ors to aid them in making known their orders or directions and in enforcing
the peace. The judges of election, or any of them, may order the arrest of any
person violating this section, but such arrest shall not prevent such person from
voting if he is entitled so to do. The sheriff, and all constables, policemen,
and officers of the peace, and all bystanders at any election, shall immediately
obey and aid in enforcing any and every lawful order made by the judges at
any election in execution of the provisions of this section. Any person will-
fully refusing or neglecting to perform any of the duties of this section pre-
scribed, shall be fined not less than five dollars nor more than one thousand
dollars, or imprisoned in the county jail not less than five days nor more than
thirty days, or both; provided, that nothing in this section shall be so con-
strued as to conflict with sections two thousand nine hundred and twenty-six to
two thousand nine hundred and twenty-six(w), inclusive. [1889, April 15: 86 v.
368; Rev. Stat. 1880; 39 v. 13, § 22; 74 v. 215, § 15; (S. & C. 546).]
CHALLENGES.
SEC. 2939. [Who may challenge a person offering to vote.] Judges
of election shall, and any elector may, challenge every person offering to vote,
whom they know or suspect is not duly qualified as an elector under the con-
stitution and laws of the state. [39 v. 13, § 18; S. & C. 546.]
SEC. 2940. [How judges to proceed when person offering to vote is
challenged.] If a person offering to vote be challenged as unqualified, one of
the judges shall tender to him the following oath: "You do swear (or affirm)
that you will fully and truly answer all such questions as shall be put to you
touching your place of residence and qualifications as an elector at this elec-
tion."
First-If the person be challenged as unqualified on the ground that he is
not a citizen, the judges, or one of them, shall put the following questions:
1. Are you a citizen of the United States?
2. Are you a native or naturalized citizen?
If the person offering to vote claim to be a naturalized citizen of the United
States, he shall, before his vote shall be received, produce, for the inspection of
the judges of the election, a certificate of his naturalization, and also state under
oath or affirmation that he is the identical person named therein; but the pro-
duction of the certificate shall be dispensed with if the person offering to vote
state, under oath, when and where he was naturalized, that he has had a certifi-
cate of his naturalization, and that, against his will, the same is lost, destroyed,
or beyond his power to produce to the judges of the election; or if he state,
under oath, that by reason of the naturalization of his parents, or one of them,
he has become a citizen of the United States, and when and where his parent
or parents were naturalized, the certificate of naturalization need not be pro-
duced.
Second-If the person be challenged as unqualified on the ground that he
has not resided in this state for one year immediately preceding the election,
the judges, or one of them, shall put the following questions:
1. Have you resided in this state for one year immediately preceding this
election?
2. Have you been absent from this state within the year immediately pre-
ceding this election? If yes, then-
3. When you left this state, did you leave for a temporary purpose, with the
design of returning, or for the purpose of remaining away?
4. Did you, while absent, look upon and regard this state as your home?
5. Did you, while absent, vote in any other state?
Third—If the person be challenged as unqualified on the ground that heið
1659
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
§§ 2941-2945.
not a resident of the county or precinct where he offers to vote, the judges, or
one of them, shall put the following questions:
1. Have you resided in this county for thirty days last past?
2. Have you resided in this precinct for twenty days last past?
3. When did you last come into this county?
4. When you came into this county, did you come for a temporary purpose.
merely, or for the purpose of making it your home?
5. Did you come into this county for the purpose of voting in this county?
6. Are you now an actual resident of this precinct?
Fourth-If the person be challenged as unqualified on the ground that he is
not twenty-one years of age, the judges, or one of them, shall put the following
question: Are you twenty-one years of age, to the best of your knowledge and
belief?
The judges of the election, or one of them, shall put all such other questions
to the person challenged, under the respective heads aforesaid, as may be nec-
essary to test his qualifications as an elector at that election. [54 v. 136, § 13;
S. & C. 545.]
SEC. 2941. [If he refuse to answer any question, vote to be rejected.]
If a person challenged refuse to answer fully any question put to him, as pro-
vided in the last preceding section, the judges shall reject his vote. [39 v. 13,
$14; S. & C. 546.]
SEC. 2942. [Further oath, if challenge not withdrawn.] If the chal-
lenge be not withdrawn after the person offering to vote has answered the
ques-
tions put to him as aforesaid, one of the judges of election shall tender to him
the following oath: "You do solemnly swear (or affirm) that you are a citizen
of the United States, of the age of twenty-one years; that you have been an
inhabitant of this state for one year next preceding this election; that you are
now an actual resident of this precinct; and that you have not voted at this
election." [39 v. 13, § 15; (S. & C. 546).]
SEC. 2943. [Rejection of vote of person who refuses to take oath, or
is not a legal voter.] If any person refuses to take the oath so tendered, his
vote shall be rejected; and after such oath has been taken a majority of the
judges may refuse to permit such person to vote if they are satisfied from record
evidence, or the testimony adduced before them that he is not a legal voter;
otherwise the vote shall be accepted; and they may administer the necessary
oaths to all witnesses brought before them to testify to the qualifications of the
person offering to vote. [90 v. 310; 85 v. 77; Rev. Stat. 1880; 54 v. 136,
§ 1; (S & C. 546).]
There is no other action than on the case for judges refusing a vote, and consequently that action should
be maintained, but in the absence of malice and an intention to injure, the damages will be only nominal:
Jeffries v. Ankeny, 11 O. 372.
SEC. 2944. [When clerk to enter on poll-book the word "sworn."]
Whenever the vote of any person is received after he has taken the oath pre-
scribed in section two thousand nine hundred and forty-two, the clerks of the elec-
tion shall write on the poll-book, at the end of such person's name, the word
"sworn." [39 v. 13, §17; S. & C. 546.];
RESIDENCE.
SEC. 2945. [Who entitled to vote.] No person shall be permitted to
vote at any election unless he shall have been a resident of the state for one
year, resident of the county for thirty days, and resident of the township, vil-
lage, or ward of a city or village, for twenty days, next preceding the election
at which he offers to vote, except where he is the head of a family, and has
resided in the state, and in the county in which such township, village, or ward
1660
§ 2946.
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
or
of a city or village, is situate, the length of time required to entitle a person
to vote under the provisions of this title, and shall, bona fide, remove with his
family from one ward to any other ward in such city or village, or from a
ward of such city or village to a township or village in the same county, or
from a township or village to a ward of a city or village in the same county,
from one township to another in the same county, in which cases such person
shall have the right to vote in such township, village, or ward of a city or vil-
'lage, without having resided therein the length of time above described to
entitle a person to vote; provided, that such voter so removing with his family
from a township to a village, or ward of a city or village, in the same county
shall not have the right to vote at any municipal election held in such city or
village, unless he shall have resided therein twenty days prior to such munici-
pal election. [(75 v. 15, 16, § 1); (S. & C. 543; S. & S. 340).]
For female suffrage in school affairs, see ? (3970-10) et seq.
For penalties as to voting illegally, see ¿7047 et seq.
CC
For acts defining the legal residence of electors in infirmaries in certain cities and
counties" (84 v. 124; 85 v. 78; 86 v. 244), see ? (2947-1) et seq.
SEC. 2946. [Rules to govern judges in determining residence.] All
judges of election, in determining the residence of a person offering to vote,
shall be governed by the following rules, so far as the same may be applicable:
1. That place shall be considered the residence of a person in which his
habitation is fixed, and to which, whenever he is absent, he has the intention
of returning.
2. A person shall not be considered to have lost his residence who leaves
his home, and goes into another state, or county of this state, for temporary
purposes merely, with the intention of returning.
3. A person shall not be considered to have gained a residence in any
county of this state, into which he comes for temporary purposes merely, with-
out the intention of making such county his home.
4. The place where the family of a married man resides shall be considered
and held to be his place of residence, except where the husband and wife have
separated and live apart, then the place where they resided at the time of the
separation shall be considered and held to be his place of residence, unless he
afterward, and during the time of such separation, remove from such place, in
which case the county, township, city, or village in which he resides the length
of time required by the provisions of this section to entitle a person to vote,
shall be considered and held to be his place of residence.
5 If a person remove to another state, with an intention to make it his
permanent residence, he shall be considered to have lost his residence in this
state.
6. If a person remove to another state, with an intention of remaining
there an indefinite time, and as a place of present residence, he shall be consid-
ered to have lost his residence in this state, notwithstanding he may entertain
an intention to return at some future period.
7. The mere intention to acquire a new residence, without the fact of
removal, shall avail nothing; neither shall the fact of removal without the
intention.
8. If a person go into another state, and while there exercise the right of
a citizen by voting, he shall be considered to have lost his residence in this
state.
9. All questions of the right to vote shall be heard and determined by the
judges of election. [75 v. 16, § 1; (S. & C. 543; S. & S. 340).]
The vote of a man otherwise qualified, who is not a lunatic or idiot, but whose faculties are greatly
enfeebled by age, ought not to be rejected: Sinks v. Reese, 19 O. S. 307.
An inmate of an infirmary is not under such legal restraint as to incapacitate him from adopting the
township in which the infirmary is situate as his place of residence, and having so adopted it, and having
no family elsewhere, and being otherwise qualified, he is entitled to vote in such township: Sturgeon v.
Korte, 34 O. S. 525.
1661
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
§§ 2947-2948.
SEC. 2947. [Where inmates of soldiers' home may vote.] Disabled
soldiers, who are inmates of a national asylum for disabled volunteer soldiers,
who are citizens of the United States, and have resided in this state one year
next preceding the election, and are otherwise qualified as to age, and residence
within the county and township, shall be held and deemed to have their law-
ful residence in the county and township in which such asylum is located.
[67 v. 98, § 1.]
The residents of territory within the state, over which the state has ceded to the government of the
United States exclusive jurisdiction for a soldiers' home, were not residents of the state, within the meaning
of 21, Art. V, of the Constitution of this state, and they were not entitled to vote at any election held within
and under the laws of the state (Sinks v. Reese, 19 O. S. 306); but when the congress of the United States,
afterwards, passed an act relinquishing to the state jurisdiction over such territory, the effect was to restore
to the state jurisdiction, without any acceptance or assent by the state; and persons residing on such terri-
tory at the time of an election, after the jurisdiction thereover had been restored to the state, and for the
year preceding the election, are to be regarded as residents of Ohio for the entire year, within the meaning
of that section of the Constitution, notwithstanding the fact that part of the year transpired while jurisdio-
tion was in the United States: Renner v. Bennett, 21 O. S. 431.
(2947-1) SEC. 1. [Cincinnati; legal residence of inmates of city
infirmary.] Be it enacted by the General Assembly of the State of Ohio, That the
legal residence of any qualified elector, who may be an inmate of any infirm-
ary owned or maintained by any city of the first grade of the first class, shall
be the ward or precinct of such city where said inmate was domiciled or resi-
dent at the time of his admission to said infirmary, and shall so continue
during the time he may be an inmate thereof. [1887, March 19: 84 v. 124.]
Stark County-legal residence of electors who are inmates of infirmary. [90 L. L 455.]
As to county infirmaries, see ? 957 et seq.
As to city infirmaries, see ? 2168 et seq.
See notes to ? 2946.
(2947-2) SEC. 1. [Defining legal residence of inmates of infirma-
ries.] That the legal residence of any qualified elector, who may be an inmate
of any infirmary owned or maintained by any city of the first or second class,
shall be the ward or precinct of such city where said inmate was domiciled or
resident at the time of his admission to said infirmary, and shall so continue
during the time he may be an inmate thereof. [87 v. 316; 85 v. 78.]
As to county infirmaries, 2 957 et seq.
As to city infirmaries, see ? 2168 et seq.
See notes to ? 2946.
(2947-3) SEC. 1. [Defining legal residence of inmates of Mahon-
ing county infirmaries.] The legal residence of any qualified elector, who
may be an inmate of an infirmary in any county of the state, having a popu-
lation at the last federal census, in 1880, and which, at any subsequent federal
census, may have a population of 42,871, shall be the ward, precinct or town-
ship of such city or county where said inmate was domiciled or resident at the
time of his admission to said infirmary, and shall so continue during the time
he may be an inmate thereof. [1889, April 12: 86 v. 244.]
As to county infirmaries, ? 957 et seq.
As to city infirmaries, see 2168 et seq.
See notes to 2 2946.
BALLOTING.
All ballots for
SEC. 2948. [How ballots to be written or printed.]
all elections other than those conducted under the act passed April 30, 1891 (0.
L., 88, p. 449), shall consist of plain white paper, with the name or names writ-
ten, or of plain white news printing paper, not more than two and one-half
nor less than two and one-fourth inches wide, with the name or names printed
in black ink, and with a blank space of not less than one-fifth of an inch
lengthwise of the ticket, after one name for each office; or in case two or more
persons are to be elected to the same office, like spaces after as many of the
names as there are persons to be elected to that office, and without any mark or
1662
§§ 2949-2953.
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
device by which one ticket may be distinguished from another, except the
words at the head of each; and it shall be unlawful to print, for distribution
at the polls, to furnish to any elector, or to vote, any ballot other than such as
herein prescribed; provided, however, that any name may be corrected, erased,
or written in pencil mark or ink. [89 v. 207; 88 v. 468; 86 v. 245; 79 v. 106;
Rev. Stat. 1880; 71 v. 31, § 1.]
A designation, by the electors, of the term of the persons voted for, is authorized by law, and can not
be disregarded by the officers holding the election: Copé v. Chambers, 20 O. S. 336.
SEC. 2949. [Ballots to be delivered to judge in view of those assem-
bled.] Each elector shall, in full view of the people assembled at the polls
where he offers to vote, deliver to one of the judges of the election a single bal-
lot or piece of paper, on which shall be written or printed the names of the
persons voted for, with a pertinent designation of the office which he or they
may be intended to fill. [50 v. 311, § 9; 39 v. 13, § 3; S. & C. 533; S. & C. 544.]
See ? (2966-37.)
Cited in Roller v. Truesdale, 26 O. S. 590.
As to counting ballots for one person, when some are printed H. L. Morey, and some Henry L. Morey:
State ex rel. v. Foster, 38 O. S. 599.
SEC. 2950. [How ballot to be received and deposited, etc.] The
judge to whom a ticket is delivered shall, upon the receipt thereof, pronounce
with an audible voice the name of the elector; and if no objection be made as
to the right of such elector to vote, and the judges are satisfied that he is a citi-
zen of the United States, and legally entitled, according to the constitution and
laws of this state, to vote at the election, he shall immediately put the ticket.
in the box, without inspecting the names written or printed thereon; and the
clerks of the election shall enter the name of the elector, and number, in the
poll-books, agreeably to the form pointed out in section two thousand nine hun-
dred and sixty. [50 v. 311, § 10; S. & C. 533.]
See ? (2966-37.)
FRAUDULENT BALLOTS.
SEC. 2951. [When judges may order persons assembled at precinct
to disperse, and penalty.] If two or more persons congregate together in or
about any voting place, during the receiving of ballots thereat, so as to hinder
or delay any elector in casting his ballot, the judges of election, upon com-
plaint made thereof, and being satisfied that substantial ground of complaint
exists, shall order all such persons to disperse; and upon refusal so to disperse,
such persons shall each be fined not more than three hundred nor less than
twenty dollars, or imprisoned in the county jail not exceeding six months, or
both. [74 v.215, § 14.]
For penalty as to counting fraudulent ballots, see ? 7057.
SEC. 2952. [When a name printed on a ticket fraudulent.] When a
ballot, with a certain designated heading, contains, printed thereon in place of
another, a name not found on the regular ballot having such heading, such
name shall be regarded by the judges as having been placed thereon for the
purpose of fraud, and the ballot shall not be counted for the name so found.
[71 v. 31, §2.]
"
In the case of Roller v. Truesdale, 26 O. S. 586, McIlvaine, J. held that "the second section of the act of
March 21, 1874 (71 v. 31), which declares that whenever any ballot with a certain designated heading shall
contain, printed thereon, in place of another, any name not found on the regular ballot having such head-
ing, such name so found shall be regarded by the judges of election as having been placed there for the
purpose of fraud, and said ballot shall not count for the name so found,' does not exclude from the count
names of candidates for county offices nominated by a local party organization, and printed on a ticket prop-
erly designated as a county ticket, although such county ticket be printed on, and made a part of, a ballot
which contains also the names of candidates nominated by another party for state and district offices, with
words at the head thereof to distinguish it from other tickets for state and district offices.'
For ruling on "except tickets," see Beresford v. Hawkins (Ham. Dist. Court), 11 W. L. B. 7.
"1
SEC. 2953. [When two or more ballots are folded together.] When
two or more ballots are found folded or rolled together, it shall be conclusive
1663
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
§§ 2954-2963.
evidence of their being fraudulent, and neither shall be counted. [50 v. 311,
§ 14; S. & C. 534.]
SEC. 2954. [When a ballot contains too many names.] If a ballot con-
tain a greater number of names, for any one office, than the number of persons
required to fill that office, it shall be considered fraudulent as to the whole of
the names designated to fill such office, but no further. [50 v. 311, §15;
S. & C. 534.]
See ? (2966-35.)
SEC. 2955. [Ballots may contain less names than authorized.] A bal-
lot shall not be considered fraudulent for containing a less number of names
than are authorized to be inserted. [50 v. 311, § 16; S. & C. 534.]
POLL-BOOKS.
SEC. 2956. [Poll-books to be attested, and names counted.] At the
close of the polls, the poll-books shall be signed by the judges, and attested by
the clerks, and the names therein contained shall be counted, and the number
set down at the foot of the poll-books, in the manner hereinafter provided in
the form of the poll-books. [50 v. 311, § 11; S. & C. 533.]
SEC. 2957. [Manner of counting the votes.] Repealed: 90 v. 282; 78
v. 29; Rev. Stat. 1880; 50 v. 311, § 12; (S. & C. 534).]
SEC. 2958. [How clerks to enter names in poll-books.] The clerks
shall enter, in separate columns by tallies, under the names of the persons voted
for, as hereinafter provided in the form of poll-books, all the votes so as afore-
said read by the judges. [1881, February 17: 78 v. 29; Rev. Stat. 1880; 50 v.
311, § 13; (S. & C. 534).]
SEC. 2959. [How votes to be enumerated and proclaimed.] After the
examination of the ballots has been completed, the number of votes for each
person shall be enumerated, under the inspection of the judges, and set down
as hereinafter provided in the form of the poll-books, and be publicly pro-
claimed to the people present. [50 v. 311, § 17; S. & C. 534.]
SEC. 2960. [Form of poll-books.] [Repealed: 88 v. 468; 82 v. 16, 28;
Rev. Stat. 1880; S. & C. 534.]
SEC. 2961. [How poll-books to be disposed of.] [Repealed: 90 v. 282;
50 v. 311, §19; 70 v. 272, § 3; S. & C. 535.]
The officers of an election board, after its regular dissolution, are functi officio, and their subsequent acts,
in that character, are unauthorized and void: State v. Donnewirth, 21 O. S. 216.
A legislative committee on privileges and elections, of either house of the general assembly, may com-
mand a clerk of the courts to produce a poll-book; and upon his refusal may commit him to jail for con-
tempt: Ex parte Dalton, 44 O. S. 142.
As to candidate's right to inspect poll-books: State ex rel. Block v. Henderson (Ham. Dist. Court), 5
W. L. B. 737.
SEC. 2962. [Want of form shall not invalidate poll-books.] No elec-
tion shall be set aside for want of form in the poll-books, provided they con-
tain the substance. [50 v. 311, §33; S. & C. 539.]
When judges and clerks of an election fail to sign poll-books and tally-sheets, to fill up blanks in the
caption, or to carry out the aggregate of the votes, such omissions and mistakes may be corrected upon the
trial of a contest by parol evidence, and, when so corrected, the documents, sustained by parol proof, are
competent evidence of the result of the election: Howard v. Shields, 16 O. S. 184.
Cited in Dalton, Clerk v. State ex rel. Richardson, 43 O. S. 664.
COMPENSATION OF OFFICERS.
SEC. 2963. Fees of judges and
clerks.] [Repealed: 90 v. 282; re-en-
acted, 89 v. 207; repealed, 88 v. 468; amended, 88 v. 347; 84 v. 217; Rev.
Stat. 1880; 67 v. 48, §1; 59 v. 39, §1; 29 v. 41, § 13; (S. & C. 531; S. & S.
See ? 2926t.
331).]
1664
§ 2964.
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
In city elections the compensation of judges and clerks must be paid by the county. Baker v. State ex
rel., 4 C. C. 30.
SEC. 2964. [Fees of judges for returning poll-books.] [Repealed: 88 v.
468; 50 v. 311, § 47; 59 v. 39, §1; S. & C. 541; S. & S. 331.1
See ? 2926 et seq.
SEC. 2965. [Fees of clerks and probate judges.] [Repealed: 90 v. 282;
re-enacted, 89 v. 426; repealed, 88 v. 468; 50 v. 311, § 52; 70 v. 272, § 1; S. &
C. 542.]
See 2926 et seq.
SEC. 2966. [Fees of sheriff.] A sheriff shall receive for services per-
formed under this title, the following fees: For advertising the election, fifty
cents for each township in his connty, to be paid by the county. [50 v. 311,
51; S. & C. 542.]
STATE AND DEPUTY SUPERVISORS.
Deputy state supervisors abolished in counties containing cities of first grade second
class, see ? (2966—3).
Duty under act "to authorize township trustees and county commissioners to organize
special road districts," etc., see ? (4757-4).
This law is constitutional: State ex rel. v. Cincinnati, 52 O. S. 419.
(2966-1) SEC. 1. [State and deputy supervisors created.] There
is hereby created the offices of state supervisor of elections and of deputy state
supervisors of elections, with the powers and duties hereinafter prescribed, for
the conduct and supervision of all elections in this state, except for school di-
rectors and road supervisors. [89 v. 455.]
(2966-2) SEC. 2. [State supervisor.] By virtue of his office the sec-
retary of state shall be the state supervisor of elections, and in addition to the
duties now imposed on him by law, shall perform the duties of such office as
defined herein. [89 v. 455.]
(2966-3) SEC. 3. [Appointments, qualifications and term of deputy
state supervisors.] On or before the first Monday in August, 1892, such state
supervisor shall appoint four deputy state supervisors for each county in this
state, who shall be qualified electors of the county for which appointed. For
the first appointment, two members shall be appointed for a term of one year,
and two for a term of two years from the first Monday in August, 1892.
One member so appointed for one year and one for two years, shall be from
the political party which cast the highest number of votes at the last preced-
ing November election for governor or secretary of state. The other two mem-
bers shall be appointed from the political party which cast the next highest
number of votes for such officer at said November election. Thereafter ap-
pointments shall be made annually for two deputy state supervisors for each
county for the term of two years, which appointments shall be from two polit-
ical parties which cast the highest and the next highest number of votes at
the last preceding November election for governor or secretary of state.
[Vacancies.] All vacancies shall be filled and all appointments to new
terms made from the political party to which the vacating or out-going mem-
ber belongs, unless there be a third politcal party which cast a greater number
of votes in this state than did the party to which the retiring member be-
longed, at the next preceding November election, in which event the vacancy
shall be filled from such third party.
[Recommendation by party executive committees.] Provided, that if
the executive committees of the two political parties in the county casting the
highest and the next highest number of votes in this state at the last pre-
ceding November election, recommend qualified persons to the state supervisor
1665
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
$ (2966-4).
at least ten days before the appointment is made, then the state supervisor
shall appoint the persons so recommended to the number to which such party
is entitled; but if no such recommendation is made, the state supervisor shall
make the appointments agreeably to the provisions herein contained.
[Removals.] Any deputy state supervisor may be removed by the state
supervisor for misfeasance or malfeasance in office, or other good and sufficient
cause; and if, in filling vacancies caused by removals, no person or persons
belonging to the political party as the person or persons removed, can be in-
duced to accept such appointment, then the vacancies can be filled by appoint-
ments from any other political party.
[Powers and duties of boards in certain counties.] Provided further,
that in counties containing cities of the first class and first grade of the second
class, the board of elections heretofore provided for such cities, by section 2926,
and all sections supplementary thereto, of the Revised Statutes, shall have all
the powers and perform all the duties for such counties imposed, and conferred
by this act on the deputy state supervisors. And deputy state supervisors in
all counties containing cities of the first grade of the second class are hereby
abolished. In counties containing cities of the second class, other than cities
of the first grade of the second class, the board of elections heretofore provided
for said cities, shall have power and be subject to the duties prescribed in
section 2926 of the Revised Statutes, and supplemental sections as heretofore
amended, except that all the returns of the November elections shall, in such
counties be made to the deputy state supervisors, as hereinafter provided;
and in addition thereto, each board shall, in the conduct of municipal elec-
tions, have all the powers and duties and be subject to all the provisions,
penalties and requirements of the deputy state supervisors prescribed in this
act. [93 v. 364, 176; 90 v. 263; 89 v. 455.]
(2966-4) SEC. 4. [Selection and term of chief deputy and clerk.]
In all counties except counties containing cities of the first class and first
grade of the second class, the deputy state supervisors for such counties shall,
at least thirty days previous to the November election in each year, meet in
the office of the county commissioners and organize by selecting one of their
number as chief deputy, who shall preside at all the meetings, and a resident
elector of such county, other than a member of the board, as clerk, both of
which officers shall continue in office for one year. The balloting for such
officers shall commence at or before 1 o'clock p. m., on the day of convening,
and at least one ballot shall be taken every twenty minutes until such organ-
ization is effected. The clerk shall be first selected by the votes of at least
three members, and if, after five ballots no person shall be agreed upon as
clerk, the clerk shall be selected by lot, from two persons of opposite politics,
to be nominated by the deputy supervisors, the two deputy supervisors of the
same politics to name one candidate for clerk, and the two deputies of opposite
politics to name the other. After the selection of the clerk the chief deputy
shall be selected from deputies of opposite politics to that of the clerk, and if
upon the first ballot no person shall be agreed upon as chief deputy, the deputy
of opposite politics to the clerk having the shortest term to serve, shall be, and
act as the chief deputy, presiding at all meetings.
[Report of organization; salary of clerk.] When such organization is
perfected, the clerk shall forthwith report the same to the state supervisor.
The clerk shall be paid a salary, in quarterly installments, not to exceed one
hundred dollars per year, which compensation shall be fixed by the deputy
supervisors for the respective counties.
[Clerk's power to administer oath.] He shall have power to administer
oaths to such persons as are required by law to file certificates or other papers
with the board, and to chief judges of election, or any witnesses who may be
called to testify before the board.
106
1666
§ (2966-4a).
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
[Sessions of deputy supervisors; publication of notice for bids for
printing.] At such meeting for organization, the deputy supervisors may re-
main in session not more than two days for the purpose of organization and
receiving instructions from the state supervisor as to their duties, and may at
such time provide for the publication of a notice for bids for printing ballots,
cards of instruction and other necessary blanks and papers required by law in
the conduct of elections therein. Such deputy supervisors shall meet on the
twelfth day before each election, and shall remain in session for such length
of time as may be necessary, and shall adjourn to such day as their duties pre-
scribed by law may require.
[Compensation of deputy supervisors.] For attending all meetings the
deputy supervisors shall receive as compensation the sum of two dollars per
day, not to exceed thirty days in any one year, and mileage at the rate of five
cents a mile going to and returning from the county seat, if the distance be
more than one mile.
[Payment of compensation and expenses.] The compensation above pro-
vided for, and all proper necessary expenses in the performance of the duties.
of such deputy supervisors, shall be defrayed out of the county treasury as
other county expenses, and the county commissioners shall make the necessary
levy to meet the same. [93 v. 365, 352, 177; 92 v. 145; 91 v. 118; 90 v. 265; 89
v. 455.]
Also see amendment of this section, 93 v. 352.
(2966-4a) SEC. 4a. [Compensation of deputy supervisors and clerk
in Montgomery county; how compensation to be paid.] That in all coun-
ties containing a city of the second grade of the second class, each member of
the board of deputy state supervisors of elections for such county, and the
clerk of such board, shall receive for his services the sum of two ($2.00) dollars
for each election precinct in such county and city, for each election held in
such county, city or any election precinct in such county. Whenever the re-
turns of such election are by law required to be made to said board and the
compensation aforesaid shall be paid from the county treasury in the case of
general elections, and shall be paid from the treasuries of the several townships
in the case of elections to elect township officers, members of the board of edu-
cation in the several townships, each township to pay for the number of elec-
tion precincts therein. [93 v. 353.]
(2966-5) SEC. 5. [Publication and distribution of election laws.]
The secretary of state is hereby authorized and required to collate and publish
all the election laws in force applicable to the conduct of elections. There shall
be twelve thousand copies of such election laws printed, to be bound in paper,
which shall be distributed in proportion to the number of voting precincts in
each county, such distribution to be made in each county by the deputy super-
visors therefor. [90 v. 265; 89 v. 456.]
This law is constitutional: State ex rel. v. Cincinnati, 52 O. S. 419.
(2966-6) SEC. 6. [Appointment of judges and clerks.] At least ten
days before any annual or general election, the deputy supervisors of each
county shall, when vacancies exist, appoint, in all precincts in which the voters.
are not registered, four judges and two clerks of election, residents of the pre-
cinct, who shall constitute the election officers of such precinct;
[Presiding judge.] The deputy supervisors shall designate one judge in
each precinct, who shall be elected from the dominant party in such precinct,
as determined by the next preceding November election, to act as presiding
judge.
[Terms.] The terms of the judges and clerks shall cease and terminate at
the end of one year from the date of their appointment, at which time, and
annually thereafter, their successors shall be appointed to similar term of
office, agreeably to the provisions of this act.
1667
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
$(2966-7).
[Apportionment.] Not more than two judges and not more than one clerk
shall belong to the same political party.
[Vacancy.] If a judge or clerk in any precinct shall fail to appear on the
morning of election, the electors present shall, viva voce, choose a suitable per-
son, having the qualifications of an elector, to fill the vacancy from the polit-
ical party to which the absent judge or clerk belonged.
[Compensation.] The judges and clerks shall each receive as compensation
the sum of three ($3) dollars for their services, which services shall be the re-
ceiving, recording, canvassing, and making an abstract of all the votes that
may be delivered to them in the voting precinct in which they preside on each
election day; provided, however, that in cities where registration is required,
the compensation of judges and clerks of elections, shall remain as now fixed
by law.
[Removals.] The judges and clerks of elections, appointed as provided in
this section, may be summarily removed from office by the board of deputy
state supervisors at any time for neglect of duty, malfeasance or misconduct
therein, and in all cases the last appointment to either of such offices for any
precinct shall be recognized as valid. When any such officers have been re-
moved and new appointments made, it shall be the duty of the board of dep-
uty state supervisors to immediately send notice to the board of precinct officers.
[Oath of election officers.] The presiding judge may be sworn by the
clerk of the board or any member thereof, and may himself administer the oath
to the other election officers of his ward, township, or precinct. [93 v. 152; 92
v. 146; 91 v. 119; 90 v. 266; 89 v. 457.]
Councilmen and aldermen, except in Dayton, to receive no compensation except when
acting as judges of election, see? 1683.
(2966-7) SEC. 7. [Oath of deputy supervisors; of their clerk; of
judges and clerks.] Each deputy supervisor of elections shall, before enter-
ing upon his duties, appear before some person authorized to administer oaths,
and take and subscribe to the following oath, which shall be filed with the
clerk of the court of common pleas in the county where such deputy resides :
State of Ohio,
county, ss.:
I do solemnly swear (or affirm) that I will support the constitution of the
United States and of the state of Ohio, and perform the duties of deputy state
supervisor of elections to the best of my ability.
Signed,
Sworn to and subscribed before me this
day of
>
in the year
[Title of officer.]
The clerk of the deputy supervisors for each county shall, before entering
upon his duties, take and subscribe the following oath, which shall be filed
with the clerk of the court of common pleas of the county where he resides:
State of Ohio,
county, ss.:
I do solemnly swear (or affirm) that I will support the constitution of the
United States and of the state of Ohio, and discharge the duties of clerk of the
deputy state supervisors for county to the best of my ability, and pre-
serve and keep all records, documents and other property pertaining to the con-
duct of elections placed in my custody.
Sworn to and subscribed before me this
Signed,
day of
in the year
[Title of officer.]
The clerks and judges of elections shall take and subscribe to the following
oath, which, upon request of the person appointed, shall be administered with
out compensation by any person authorized to administer oaths, and which
shall be filed with the clerk of the deputy state supervisors:
1668
§ (2966—8).
State of Ohio,
CONDUCT OF ELECTIONS.
county, ss.:
Tit. XIV, Ch. 2.
I do solemnly swear that I will support the constitution of the United
States and of the state of Ohio, and to the best of my ability discharge the
duties of judge
clerk of the election in and for precinct
township, county, at the next ensuing election, and I further sol-
emnly swear that if, in the discharge of my official duties, I gain knowledge as
to how any elector voted at said election, I will not disclose the same.
Sworn to and subscribed before me this
[91 v. 120; 89 v. 458.]
Signed,
day of
in the year
"
[Title of officer.]
(2966-8) SEC. 8. [Duties of judges and clerks; penalties; duties of
supervisors; certificates of nomination; vacancies; who to decide ques-
tions; general duties of deputy supervisors; return and canvass of town-
ship, municipal, school or justices' election; exception.] The judges and
clerks provided for herein shall serve as such in all elections held under the
provisions of this act. They shall perform all the duties and be subject to all
the penalties imposed upon judges and clerks of election by law and the act
entitled "An act to provide a mode for conducting elections," etc., passed
April 30, 1891, and acts amendatory and supplementary thereto. (See § (2966—
13) et seq.)
The state supervisor of elections and the deputy supervisors of each county,
as herein provided, shall perform all the duties imposed by law and the act
entitled “An act to provide for the mode of conducting elections, to insure the
secrecy of the ballot and prevent fraud and intimidation at the polls, and to
repeal certain statutes therein named," passed April 30, 1891, as amended and
supplemented (see § (2966—13) et seq.), upon the secretary of state, or the clerk
of the court, or a board of elections acting within and for a county,in the con-
duct of elections.
The state supervisor of elections and the deputy supervisors shall receive
and file the certificates of nominations and nomination papers, fill vacancies,
pass upon the validity thereof and certify the same agreeably to the provisions
of law and said act regulating the filing and the determination of the validity
thereof, to be made and done by the secretary of state, board, clerk, officer or
officers.
Objections or questions arising on the nomination certificates or papers of
candidates for district or circuit offices, or offices of a subdivision of a district
or circuit, shall be determined by the chief deputies and clerks of the deputies
of the counties comprising said district or circuit. In case no decision can be
arrived at by the deputy supervisors for the county or by the chief deputies.
and clerks of a district or circuit, then the question shall be submitted to the
state supervisor of elections, who shall summarily decide the same and his
decision shall be final.
The deputy supervisors for each county shall advertise and let the printing
of the ballots, cards of instruction and other required books and papers to be
printed by the county; they shall receive the ballots from the printer and
cause the same to be securely sealed up in their presence in packages, one for
each precinct, containing the designated number of ballots for each precinct,
and shall make the necessary indorsement thereon as provided in said act;
they shall provide for the delivery of the ballots, poll-books and other required
books and papers at the polling places in the several precincts; they shall
cause the polling places to be suitably provided with booths, guard-rails, etc.,
as provided in said act of April 30, 1891, and acts amendatory and supplement-
ary thereto (see § (2966-33) ); they shall provide for the care and custody of
the same during the intervals between elections; they shall receive the returns
of election, make abstracts of the same, and transmit such abstracts to the
1669
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
§ (2966-9).
proper officers at the times and in the manner provided in sections 2980, 2982,
2983, 2989 and 2994 of the Revised Statutes, to canvass the returns, make ab-
stracts thereof, transmit the same and issue certificates to persons entitled to
the same.
In April or other elections for township or municipal officers, or boards of
education, or the election of a justice of the peace, the judges and clerks of elec-
tion shall certify the returns to the clerk of the township or the clerk of the
municipality in which the election is held, or clerk of the board of education,
instead of to the deputy state supervisors, and the said township clerk, or the
clerk of the municipality, or clerk of the board of education, shall canvass the
vote and declare the result in the manner and as provided in sections 1453,
1729 and 3910 of the Revised Statutes, and in the case of an election of a justice
of the peace, shall certify the result to the board of deputy state supervisors;
except in municipalities where the voters are registered the returns shall be
made and canvassed as provided in section 2926 of the Revised Statutes. [90
v. 266; 90 v. 61; 89 v. 459.]
(2966-9) SEC. 9. [Penalty upon deputy supervisor or clerk.] Any
deputy state supervisor of elections or any clerk of the deputy supervisors for
any county, upon whom a duty is imposed by law, who shall wilfully and
negligently violate his said duty, or who shall wilfully neglect to perform such
duty, or who shall wilfully perform it in such a way as to hinder the objects of
the law, or who shall wilfully disobey any provision of the law incumbent on
him, shall be punished by a fine of not less than one hundred dollars, nor
more than one thousand dollars, or by imprisonment in jail not more than one
year, or both. [89 v. 460.]
371.
Deputy state supervisors shall provide polling places in Montgomery county, 90 L. L.
(2966-10) SEC. 9a. [Investigation and report on conduct of officer;
prosecutions.] It shall be the duty of the county boards of deputy state su-
pervisors to investigate all irregularities or non-performance of duty by any
election officer that may be reported to them, or that comes to their knowledge,
and report the facts to the state supervisor of elections and to the prosecuting
attorney of the county; and the state supervisor of elections, or the deputy
state supervisors of the county, shall have authority, and it is hereby made
their duty, to order the prosecution of all offenses for violations of this act, or
any of the laws of the state relating to the conduct of elections. [91 v. 121.]
(2966-11) SEC. 6. [As to judges and clerks now in office.] The
judges and clerks of election now in office shall serve as such until the first day
of October, 1894, when their terms of office shall cease and determine; after
such date, and at least ten days prior to the November election, the deputy
state supervisors shall appoint their successors for the terms and in the manner
provided by law. [91 v. 122, § 6.]
(2966-12) SEC. 1. [Compensation of state supervisor.] The state
supervisor of elections shall receive as compensation for his services in said ca-
pacity the sum of one thousand dollars, to be paid within ten days after each
state election. [89 v. 454.]
AUSTRALIAN BALLOT LAW.
(2966-13) SEC. 1. [Elections of public officers; exceptions.] That
hereafter elections of all public officers, except school directors of subdistricts
and joint subdistricts, and special school districts holding election on the sec-
ond Monday of April, and all officers of original surveyed townships, in this
state, shall be conducted according to the provisions of this act and existing
laws not inconsistent therewith. [90 v. 268; 90 v. 135; 89 v. 432, 123; 89 v.
205; 88 v. 449.]
1670
§ (2966-14).
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
(2966-14) SEC. 2. [Forms to guide deputy state supervisors of
elections.] In addition to the duties now imposed on him by law, the secre-
tary of state shall prepare and furnish to the deputy state supervisors of elec-
tions, for their guidance, forms of all the blanks, cards of instruction, including
poll-books and tally-sheets, certificates of nomination and designs, provided for
hereinafter, for the conduct of elections in this state. [90 v. 268; 89 v. 432;
88 v. 449.]
(2966-15) SEC. 3. [Division of wards, etc.; rearrangement, etc.,
of precincts; notice of change; hearing; election of assessors.] In all
municipalities where registration is not required, and in townships, when five
hundred votes or more have been cast at the last preceding November election
in any ward or township, or in any precinct therein, such ward, township or
election precinct may, or, when a majority of the voters petition therefor, shall
be divided by the deputy state supervisors, as hereinafter provided, into two or
more election precincts, so as to limit the number of votes in each ward or pre-
cinct to three hundred, as nearly as may be practicable; and from time to
time, any or all of such precincts may be rearranged, subdivided, or combined
as often as may be deemed necessary or the convenience of the electors and the
prompt and correct conduct of the elections may require. At least thirty days
previous to any election, the officers above named shall give ten days' notice,
by publication in two papers of opposite politics published in the county, that
the question whether the township, ward or precinct, or precincts, shall be divid-
ed, changed or combined, will be considered on a day named in said notice.
On said day, or some subsequent day to which the matter may be adjourned,
the question of dividing, changing or combining said precinct shall be heard,
and, if there are no remonstrances against said division, change or combina-
tion, they shall declare the same, and the precincts so established; but if any
twelve electors of such precincts remonstrate against such division, change or
combination, the matter shall be heard and determined, and such order made
for or against such division, change or combination as is deemed proper; pro-
vided, that nothing in this section shall be construed to affect the powers and
duties of city boards of elections in reference to the division of election pre-
cincts within such cities as provided in section 2926 of the Revised Statutes;
provided, further, that the division of any election precinct into two or more
subdivisions, as herein provided, shall not be construed as requiring the elec-
tion of an assessor in each such subdivision, but in all such election precincts
subdivided as aforesaid there shall be elected one assessor for each original pre-
cinct unless the deputy state supervisors, at the time of the division, shall order
that an assessor be elected in each precinct. [90 v. 268; 89 v. 432; 89 v. 206;
89 v. 31; 88 v. 449, § 20.]
(2966-16) SEC. 4. [As to judges and clerks in all other municipal-
ities not divided into wards and not of themselves forming separate pre-
cincts.] In all other municipalities not divided into wards and not of them-
selves forming a separate voting precinct, the deputy state supervisors may
• determine whether the election officers of the township shall conduct such
municipal election, or whether a separate set of judges and clerks shall be
ppointed and required to conduct the election within the municipality. [91
v 118.]
(2966-17) SEC. 5. [Candidate ineligible as judge or clerk.] No per-
son being a candidate for any office to be filled at an election shall serve as a
judge or clerk of elections in any precinct at such election; and any person
serving as judge or clerk contrary to the provisions of this section, shall be in-
eligible to any office to which he may be elected at such election. [91 v. 118.]
(2966-18) SEC. 6. [Nominations; certificate.] Nominations of can-
didates for public office may be made as herein provided, and when not inval-
1671
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
$(2966-19).
idated or withdrawn, the names of such candidates shall be printed on the bal-
lots. Any convention, caucus, meeting of qualified electors, primary election
held by such electors, or central or executive committee, representing a politi-
cal party, which at the next preceding general election polled at least one per
cent. of the entire vote cast in the state, may make one nomination for each
office to be filled at the following election, which nomination, to be valid, must
be certified as hereinafter provided. Every certificate of nomination shall state
such facts as are in this act required for its acceptance, and shall be signed by
the proper officers of such convention, caucus, meeting, primary election or
committee, who shall add to their signatures their places of residence and post-
office address, and make oath before an officer qualified to administer the same,
that the facts stated in the certificate are true to the best of their knowledge
and belief. A certificate of the oath shall be annexed to the certificate of nom-
ination. Such certificate of nomination shall also state the names and address
of a committee authorized to represent such political party, and such commit-
tee shall have power to fill vacancies which may occur in the list of nomina-
tions, unless it be otherwise specially ordered at the time of the selection of
such committee and so certified. [89 v. 434; 88 v. 455, § 12.]
For Butler county, see? (2921—14).
For Cincinnati and Hamilton county primary election act, see ? (2921—30) et seq.
Is constitutional: State ex rel. v. Poston, 58 . S. 620:
When the secretary of state may refuse to recognize a candidate's withdrawal of his name: State v.
Taylor, 55 0. S. 388.
See note to State ex rel. v. Kinney, 57 O. S. 221, under ? (2966—25).
(2966-19) SEC. 6a. [Substitution of candidate of other party or
nominee by petition; prohibiting same name appearing more than once on
ballot.] It shall not be lawful, however, for any committee, appointed for the
purpose of filling vacancies, in cases where no nominations were made origi-
nally for a particular office, to substitute the name of a candidate of another
political party for such office, or to substitute the name of a candidate nomin-
ated by petition, it being the intent of this act that when the nomination of a
candidate of one party is endorsed by another that it shall be done at the time
and in the manner provided for original nominations. Provided, further, that
if the name of any candidate, except the name of a candidate for the office of
member of a school board or board of education, is certified to the state super-
visor of elections or deputy state supervisors or board of elections by two
or more political parties, or by a petition of electors and a political party
or parties, it shall be unlawful to cause the name of any such candidate to
be printed in more than one place on the ballot sheet, if said candidate be
certified by two or more political parties or petitioners for the same office.
When the name of a candidate is certified as above mentioned, such person
whose name is so certified shall within three days from the time the certificate
of nomination is filed notify the state supervisor or deputy state supervisors
or board of elections, as the case may be, under which political party name or list
of petitioners he desires his name to be printed, and the said election officers
when so notified shall print the name in that list only. If the said person,
except a candidate for member of any school board, or board of education.
whose name is so certified by two or more political parties or petitioners fails to
notify the state supervisor of elections or the deputy state supervisors or board
of elections, as the case may be, in which list of candidates he desires his name
to be printed, then the said state supervisor or deputy state supervisors or board
of elections shall print the name in the list of party candidates which was first
certified to the state supervisor or deputy state supervisors or board of elections,
and in that list only. [92 v. 185; 91 v. 119.]
This section held constitutional: State ex rel. v. Bode, 55 O. S. 224.
1672
§ (2966-20).
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
NOMINATIONS BY PETITIONS.
(2966-20) SEC. 7. [Nomination by petition.] Nominations of can-
didates for any county, city, township or municipal office, or members of the
board of education may be made by nomination papers, signed in the aggre-
gate for each candidate by not less than three hundred qualified electors of the
county, or fifty qualified electors of the city, or twenty-five qualified electors
of the township, village or school district, respectively;
[Cuyahoga and Hamilton counties.] Except in counties containing cities
of the first and second grade of the first class, such nomination papers shall be
signed by petitioners not less in number than one for every fifty persons who
voted at the next preceding general election in such county. Nominations of
candidates for other offices may be made by nomination papers, signed for each
candidate by qualified electors of the state or the district or division for which
such candidates are nominated, not less in number than one for every one hun-
dred persons who voted at the next preceding general election in the state or
such district or division.
[Signers to name committee to fill vacancies.] Signers of such nomina-
tion papers shall insert in them the names and addresses of such persons as
they desire, to the number of five, as a committee, who may fill vacancies
caused by death or withdrawal.
[Signer pledged to vote for nominee.] Such nomination papers shall con-
tain a provision to the effect that each signer thereto thereby pledges himself
to support and vote for the candidate or candidates whose nominations are
therein requested.
[Residence of signers to be stated; can subscribe to but one nomina-
tion.] Each elector signing a nomination paper shall add to his signature his
place of residence, and may subscribe to one nomination for each office to be
filled, and no more.
[Oath by one of the signers.] One of the signers to each such separate
paper shall swear that the statements therein are true, to the best of his knowl-
edge and belief, and the certificate of such oath shall be annexed. [93 v. 93;
89 v. 434; 88 v. 455, § 12.]
For Butler county, see ? (2921—14).
For Cincinnati and Hamilton county, see ? (2921—32.)
(2966-21) SEC. 8. [Certificates of nominations; what to contain.]
All certificates of nomination and nomination papers shall, besides containing
the names of candidates, specify as to each (1) the office for which he is nom-
inated; (2) the party or political principle which he represents, expressed in
not more than three words; (3) his place of residence, with street and number
thereon, if any; provided, however, that in nominations by petition, the cer-
tificate may designate, instead of a party or political principle, any name or
title which the signers shall select, and candidates nominated by petition, with-
out distinctive appellations, shall be certified as independent candidates. In
case of electors of president and vice-president of the United States, the names
of the candidates for president and vice-president shall be added to the party
or political appellation. [89 v. 435; 88 v. 456, § 12.]
(2966-22) SEC. 9. [Filing of certificates and papers.] Certificates
of nomination and nomination papers of candidates for presidential electors
and state offices shall be filed with the secretary of state not less than thirty
days previous to the day of the election at which the candidates are to be voted
for; certificates of nomination and nomination papers for the nomination of
candidates for county offices shall be filed with the deputy state supervisors not
less than twenty days previous to the day of election; certificates of nomination
and nomination papers for the nomination of candidates for offices to be filled
by the electors of a district lying within a county shall be filed with the deputy
1673
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
§ (2966-23).
state supervisors of the county; and for offices to be filled by the electors of a
district, circuit or subdivision of a district, composed of two or more counties,
with the chief deputy state supervisor of the county in the district, circuit or
subdivision containing the greatest number of inhabitants, as ascertained by
the last federal census, not less than twenty-five days previous to the day of
election; certificates of nomination and nomination papers for the nomination
of candidates for township or municipal offices, or members of the board of
education, shall be filed with the deputy state supervisors not less than fifteen
days previous to the election; certificates of nomination and nomination papers.
for municipal officers and for members of boards of education in municipalities
situated in two or more counties shall be filed with the board of deputy state
supervisors of the county containing the majority population of said munici-
pality not less than fifteen days previous to the election; provided, that in
cities where the voters are registered, the nomination of city officers shall be
filed with the city board of elections not less than fifteen days previous to the
day of such election. [93 v. 189; 90 v. 269; 89 v. 435; 88 v. 456, § 13.]
See case noted under ? (2966–18).
(2966-23) SEC. 10. [Preservation and inspection of certificate pa-
pers; objections as to validity; consideration of same.] Certificates of
nomination and nomination papers, when filed, shall be preserved and be open,
under proper regulation, to public inspection; the certificates of nomination
and nomination papers being so filed, if in apparent conformity with the pro-
visions of this act, shall be deemed to be valid, unless objection thereto is duly
made in writing, within five days after the filing thereof. Such objections, or
other questions arising in the course of the nomination of candidates for state
offices and presidential electors shall be considered by the secretary of state, and
his decision shall be final. Such objections or other questions arising in the
course of nominations of candidates for county offices or offices of a district
lying within a county shall be considered by the deputy state supervisors of
the county, and objections or questions arising in the course of nomination
of candidates for district or circuit offices or offices in a subdivision of a dis-
trict shall be considered by the chief deputy state supervisors and clerks of
said election boards of the several counties comprising the district, circuit or
subdivision, and their decision shall be final; but in case no decision can be
arrived at, the matter in controversy shall be submitted to the state supervis-
or of elections, who shall summarily decide the question thus submitted to
him, and his decision shall be final. Objections and questions arising in the
course of nominations for township or municipal offices, or members of the
board of education, shall be considered by the deputy state supervisors, except
that in cities having registration, all such objections shall be considered by the
board of elections of such cities; the decision of such deputy state supervis-
ors or board of elections shall be final, and in case of disagreement the matter
shall be referred to the state supervisor of elections and his decision shall be
final; but in municipalities within the terms of this act which are situate in
two or more counties, the objection or question may be submitted by the clerk
or board thereof directly to the state supervisor. In case any objection is made,
or question arises, notice shall forthwith be mailed to the candidates affected
thereby, and to any party committee especially interested. It shall be proper
for the officers above named, in the decision of any question as to the proper
political or party designation of candidates, to distinguish between candidates
nominated by certificates of nomination and those nominated by petition or
nomination papers; and any party or political designation certified by petition-
ers in nomination papers may be rejected if, from similarity to the name of any
existing party, as defined in section 7 [$(2966-20)], such officers shall deem it
likely to mislead or confuse voters. [90 v. 270; 89 v. 435; 88 v. 456, § 13.]
The state supervisor's decision upon objections to certificates is final: Chapman v. Miller, 52 O. S. 166.
The summary jurisdiction of the board extends to all matters of detail: è. g., form of tickets: State v.
Ehrman, 4 O. D. 505; 30 Bull. 319.
1674
§ (2966—24).
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
(2966-24) SEC. 11. [Filling vacancy on ticket, or correcting de-
fect in certificate.] Should any person so nominated die, withdraw, or de-
cline the nomination, or should any certificate of nomination be insufficient or
imperfect, the vacancy thus occasioned may be filled or the defect corrected in
the manner required for original nominations, but must be certified to the sec-
retary of state twenty days, or to the deputy state supervisors at least fifteen
days previous to election day. If, when the original nomination was certified,
there was certified a committee authorized to represent the party as before pro-
vided, it may fill such vacancy. The chairman and secretary of such commit-
tee shall thereupon make and file with the proper officer a certificate setting
forth the cause of the vacancy, the name of the person nominated, the office
for which nominated, the name of the person for whom the new nominee is to
be substituted, and such other information as is required to be given in an
original certificate of nomination. The certificate so made shall be executed,
acknowledged and sworn to in the manner prescribed for the original certificate
of nomination, and shall, upon being filed with the secretary of state at least
twenty days, or with the deputy state supervisors fifteen days before election,
have the same force and effect as an original certificate of nomination. A vacan-
cy occuring after the printing of the ballots may be filled by filing the
proper cer-
tificate with the secretary of state at least ten days, and with the deputy state
supervisors at least five days prior to the election, and the name, office and
party of the candidate so nominated shall be printed on adhesive slips or past-
ers, by the deputy state supervisors, which shall be delivered to the judges in
each precinct before the opening of the polls, and pasted by them in the proper
place on the ballot, before the same is handed the elector. [90 v. 270; 89 v.
436; 88 v. 457, § 13.]
See case referred to under ? (2966-18).
(2966-24a) SEC. 1. [Authority of county executive committee to
fill vacancy on ticket.] When a political party in its nominating convention
fails to appoint a committee for the purpose of filling vacancies on the party
ticket, the power to fill such vacancies shall be and hereby is vested in the
county executive committee of said political party. [93 v. 224.]
(2966-25) SEC. 12. [Device on ticket.] If the certificate of nomina-
tion of any state convention shall request that the figure or device selected by
such convention be used to designate the candidates of such party on the bal-
lots for all elections throughout the state, such figure or device shall be so used
until changed by request of a subsequent state convention of the same party.
Such device may be the figure of a star, an eagle, a rooster, a flower, a plow, or
some such appropriate symbol, but the coat of arms or seal of the state or Unit-
ed States, the national flag, or any other emblem common to the people at
large, shall not be used as such device. [89 v. 437; 88 v. 457, § 13.]
The certificate here referred to means that of a state convention having authority to make nominations;
the state supervisor of elections can not be compelled to place a device on the ticket where the nominations
are made by nomination papers, and even when the nominations made were first designated at a convention,
which convention did not represent a political party having cast the requisite vote at the preceding election
to entitle it to make nominations by convention: State ex rel. v. Kinney, 57 O. S. 221.
(2966-26) SEC. 13. [Transmission of certified copies of certificates
of nominations; municipalities having registration.] Immediately upon
the expiration of the time within which certificates of nomination may be
filed with him, the secretary of state shall certify copies of all the nominations
so filed to the several deputy state supervisors; and the chief deputy state
supervisor of the district, circuit or subdivision with whom the certificate of
district, circuit or subdivision nominations has been filed, shall immediately
certify the same to the deputy state supervisors in all the other counties in
such district, circuit or subdivision. In municipalities having registration it
shall be the duty of the city board of elections to immediately certify to the
deputy state supervisors copies of all certificates that have been filed with said
board. [93 v. 190; 90 v. 271; 89 v. 437; 88 v. 457, § 13.]
1675
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
§ (2966-27).
The
(2966–27) SEC. 14. [Defraying of expenses.] All expenses arising.
for printing and distributing ballots, cards of explanation to officers of the
election and voters, blanks, and all other proper and necessary expenses of any
general or special election, including compensation of precinct election officers,
shall be paid out of the county treasury as other county expenses; but, except
in the case of November elections, shall be a charge against the township, city,
village or political division in which such election was held, and the amount
so paid by the county as above provided, shall be retained by the county audi
tor from the funds due to such township, city, village or political division, at
the time of making the semi-annual distribution of taxes; the county com-
missioners, township trustees, councils, boards of education, or other authori-
ties authorized to levy taxes, shall make the necessary levy to meet such ex-
penses, which levy may be in addition to other levies authorized or required by
law; the amount of all such expenses shall be ascertained and apportioned by
the deputy state supervisors to the several political divisions and certified to
the county auditor. In the case of municipalities situated in two or more
counties, the proportion of expense charged to each of the counties shall be as-
certained and apportioned by the clerk of the corporation, and certified by him
to the several county auditors. [91 v. 243; 90 v. 271; 89 v. 438; 88 v. 451, § 5.]
(2966-28) SEC. 15. [Printing and disposition of ballots.]
printing provided for in this act, except poll-books and tally-sheets, shall be let
by the deputy state supervisors or board of elections, to the lowest responsible
bidder in the county, upon ten days' notice published not more than three
times in two leading papers of opposite politics published in such county, but
in case of special elections in townships, villages, and cities of the fourth grade
of the second class, the deputy state supervisors or board of elections may give
notice by mail addressed to all the printing-offices within the county, instead
of publishing said notice. After the letting of the contract for the printing of
the ballots, the proper officer or board shall secure from the printer and exhibit
to the chairman of the local executive committee of each party represented on
the ballot, for inspection and the correction of any errors appearing thereon, a
printed proof of the ballot to be printed for use at the election; the person to
whom the contract for printing the tickets is let, shall, in the presence of the
deputy state supervisors or board of elections, seal up securely in packages, one
for each precinct in the county or municipality, as the case may be, the desig-
nated number of ballots to be printed for such precinct, and indorse thereon
the number of ballots so printed and sealed up, and deliver the same to the
deputy state supervisors at such time as they may direct; provided, that in
municipalities situated in two or more counties, the city clerk shall provide for
the printing and distribution of the ballots. In election precincts composed
of a township or a part thereof and a municipality or a part thereof, or in pre-
cincts composed of two or more townships or parts thereof, and a municipality
or a part thereof, there shall be provided, for all April and special elections,
separate ballots for each township, village, or city portion of such precinct, so
as to enable electors residing in such precinct to cast their votes for the proper
candidates in the respective portions comprising such precinct, and likewise
there shall be provided ballots for each school district portion of such precinct
which shall contain the names of the candidates for members of the board of
education for which electors residing in such precinct are entitled to vote.
This last provision shall apply only where the school district is not coextensive
with the boundaries of the municipality. [91 v. 291; 90 v. 272; 89 v. 438; 88
v. 451, § 6.]
The shortness of time for printing prevents late withdrawal of a name: State v. Taylor, 55 O. S. 385, 388.
(2966-29) SEC. 15a. [Bond of bidder for printing.] Each proposal
for printing, as provided for in the preceding section, must be accompanied by
1676
§ (2966—30).
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
in a sum
a bond, executed in due form by the bidder, with at least two good and suffi-
cient sureties, satisfactory to the board of deputy state supervisors,
double the amount of his bid, conditioned for a faithful performance, pursuant
to contract, of such printing as may be awarded to him; and for the payment.
as liquidated damages by such bidder to the board of deputy state supervisors
of any excess of cost over the bid or bids of such bidder which the board of
deputy state supervisors may be obliged to pay for such work by reason of the
failure of such bidder to complete his contract; the bond to be null and void
if no contract be awarded to him. No bid unaccompanied by such bond shall
be entertained by the board of deputy state supervisors. [91 v. 115.]
(2966-30) SEC. 16. [Delivery of ballots, etc.; exceptions.] Not less
than three days before an election the deputy state supervisors or city clerk, in
municipalities situated in two or more counties, shall summons the presiding
judge of election in each precinct in such county or municipality, as the case
may be, to appear forthwith and receive the necessary blanks, poll-books, tally-
sheets, certificates, cards of instruction and ballots for such precinct, and shall
deliver to such judge the sealed packages of ballots, blanks, poll-books and
other required papers, all of which such judge shall safely deliver and have on
hand at the polling place in his precinct before the time for the opening of the
polls therein; provided, however, that in cities of the first and second class,
when the presiding judge or chairman is chosen at the meeting of the regis-
trars and judges of election, on the evening preceding any November election
pursuant to section 2926n of the Revised Statutes, or on the Saturday evening
preceding any April election, it shall be the duty of such judge, immediately
after such meeting, to call at the office of the city board of elections for such
packages, and in such cities the deputy state supervisors, when required to
print the ballots, shall deliver the poll-books, tally-sheets, cards of instruction
and other supplies herein mentioned to the board of election of such city in-
stead of the presiding judges; and provided, further that in any city of the
first grade of the first class, the board of elections may, by resolution, provide
for the delivery of ballots through the agency of the police force of such city ;
and provided, further if the judge summoned to receive and deliver the ballots
and other books and papers does not appear, the deputy state supervisors, or
city clerk or board of elections shall send the ballots, books and other required
papers to the election officers of the precinct so as to be received by them in
time for the election. [92 v. 147; 90 v. 272; 89 v. 439; 88 v. 452, §7.]
Cited State ex rel. v. Taylor, 55 O. S. 388.
See note to State ex rel. v. Taylor, 55 O. S. 385, under ? (2966—18).
(2966-31) SEC. 17. [Replacing of supplies lost or destroyed; extra
ballots; unofficial ballots.] If, by any accident or casualty, the ballots or
other required papers delivered to any judge of elections or other messenger
shall be lost or destroyed, it shall be the duty of such person charged with the
custody thereof to report the loss at once to the deputy state supervisors or city
board of elections, from whom the same were obtained, and make affidavit
of the circumstances of the loss, whereupon the deputy state supervisors or
board of elections shall at once resupply such person; in case such person fail
or refuse to report and make proof of the loss, any qualified elector may do so,
and thereupon a new supply shall be sent by special messenger, as provided in
other cases.
At the opening of the polls in each precinct, the seals of the packages shall
be publicly broken, and the packages shall be opened by the presiding officer.
The cards of instruction shall immediately be placed in each voting shelf or
compartment provided in accordance with this act for the marking of the bal-
lots, and in such other places as the election officers may select.
In case no ballots shall have been delivered at any polling place before the
opening of the polls, or if extra ballots shall, at any time during the time the
1677
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
§ (2966—32).
polls remain open, be required, it shall be the duty of the deputy state super-
visors, city clerk or board of elections, upon a requisition, in writing, signed
by a majority of the election judges of such precinct, wherein the reason for
demanding such ballots shall be set out, to secure the same as speedily as pos-
sible, and, if necessary, extra ballots may be printed for this purpose; pro-
vided, however, that such ballots shall conform, as nearly as possible, to the
original ballots, and the printing and the care of the same shall be under the
same provisions and penalties as the printing and care of the other ballots;
and if, from any cause, neither the official ballots nor ballots otherwise pre-
pared as above prescribed shall be ready for distribution at any polling place, or
if the supply of ballots shall be exhausted before the polls are closed, unofficial
ballots may be used, so that no elector, for lack of a ballot, shall be deprived of
his franchise. [90 v. 273; 89 v. 440; 88 v. 452, § 8.]
(2966-32) SEC. 18. [Form of ballots; general provisions; indorse-
ment as to same.] Every ballot intended for the use of electors, printed in
accordance with the provisions of this act, shall contain the names of all the
candidates whose nomination for any offices specified in the ballot have been
duly made, and not withdrawn in accordance herewith arranged in tickets or
lists under the respective party or political or other designation certified. In
elections for presidential electors, the names of the candidates for president and
vice-president shall be placed on the ticket by the secretary of state immedi-
ately following the name of the party and preceding the names of the presi-
dential electors.
The arrangement of the ballot shall, in general, conform as nearly as prac-
ticable to the plan hereinafter given. [The] tickets or lists of candidates of the
various parties shall be printed in parallel columns, headed by the chosen de-
vices upon a shaded background, and the party names or other designation, in
such order as the secretary of state may direct, precedence, however, being
given to the party which polled the highest number of votes for the head of
the ticket in the next preceding general election, and so on. No ticket or
list of candidates shall be printed under the name of any party containing
more candidates for any office than are to be elected.
Whenever the approval of a constitutional amendment or other question is
to be submitted to a vote of the people, such question shall be printed on a
separate ballot and deposited in a separate ballot-box to be presided over by
the same judges and clerks.
The ballot shall be so printed as to give each elector a clear opportunity to
designate by a cross mark in a large blank circular space three quarters of an
inch in diameter below the device and above the name of the party at the
head of the ticket or list of candidates, his choice of a party ticket and desire
to vote for each and every candidate thereon; and by a cross mark in a blank
inclosed space on the left and before the name of each candidate, his choice of
particular candidates.
On the back shall be printed, "official ballot," the date of the election, and
facsimile of the signature of the officer or officers who have caused the ballot to
be printed.
The ballots shall be printed on the same leaf, with a double stub, and sepa-
rated therefrom by a perforated line, and shall be bound with the stub attached
thereto, into books, or blocks, one for each voting precinct, which book or block
shall contain at least twice as many ballots as there were votes cast at such
precinct at the preceding general election; upon the covers of such books or
blocks shall be printed the designation of the precinct for which the ballots.
have been prepared.
The main stub shall be printed as follows: Consecutive number-[after
these words the consecutive number shall be printed, beginning with one and
increasing in regular numerical order]; provided, however, that the county
1678
§ (2966-32).
[Main stub.]
Consecutive number
Name of voter
Residence
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
[Secondary stub.]
Name or registered number of voter

Device.
FOR A STRAIGHT
TICKET
Device.
Device.
THIS CIRCLE
FOR ASTRAIGHT
TICKET
MARKINTHISCIRCLE
WITHIN
MA
WARK WIT
WITHIN
ORASTRAIGHT
MARK WITHIN
TICKET
THIS CIRCLE
Republican Ticket.
Democratic Ticket.
Prohibition Ticket.
For Governor,
Name.
For Governor,
Name.
For Governor,
Name.
1679
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
§ (2966-33).
clerk may direct that such consecutive numbers shall not be printed, but shall
be written by the ballot officer before delivering the ballot to the elector.
Name of voter-[after these words the clerk shall write the voter's name].
Residence-[after this word the clerk, in cities where registration is required,
is to write the voter's residence].
The secondary stub shall be printed as follows: Name of voter or registered
number-[after these words the clerk, in precincts where the registration law is
in force, shall write the registered number of the voter, and in other precincts
the voter's name].
All ballots shall be printed on the best quality No. 2 book paper, in black
ink, and with the exception of the heading which shall be in display, in bre-
vier type, the name or designation of the office in lower case, and the name
of the candidate therefor in capital letters, with a space of at least one-fifth of
an inch following each name; the name of each candidate shall be printed in
a space defined by ruled lines, and with a blank square on its left enclosed by
heavy dark lines; if, upon any ticket, there be no candidate or candidates for
a designated office, a blank space equal to the space that would be occupied
by such name or names, if they were printed thereon, with the blank spaces
herein provided for, shall be left. The heading of each party ticket in-
cluding the name of the party, the device above and the large circle between
the device and such name, shall be separated from the rest of the ticket by a
heavy line, and the circle above the name of the party in which the voter is to
place the cross mark, if he desire to vote the straight ticket, shall be defined by
heavier lines than the lines defining the blank spaces before the names of can-
didates, and such circle shall be surrounded by the following words printed in
heavy-face nonpareil type: "For a straight ticket mark within this circle."
Each party ticket shall be separated from other party tickets and bordered
on either side by a heavy border or a broad solid line at least one-eighth of an
inch wide, and the edges of the ballot on either side trimmed off up to the bor-
der or solid line described. [89 v. 440; 88 v. 458, § 14.]
(2966-33) SEC. 19. [Voting shelves and guard-rails; arrangement
of.] The deputy state supervisors shall provide a sufficient number of voting
shelves at which electors may conveniently mark their ballots, so that in the
marking thereof they shall be protected from the observation of others by cloth
screens or other device, extending from the top of the booth to a level with or
below the voting shelf, and a guard-rail shall be so constructed and placed that
only such persons as are inside said rail can approach within six feet of the
ballot-boxes or of such voting shelves.
[Arrangement of ballot-boxes and voting booths.] The arrangement
shall be such that neither the ballot-boxes nor the voting booths shall be hidden
from view of those outside of said rail.
[Number of shelves.] The number of such voting shelves shall be not
less than one for every seventy-five electors qualified to vote at such polling
place.
[Who permitted within rail.] No person other than the judges of elec-
tion and such officers as are provided for by the statutes of this state or of the
United States, and electors admitted as herein provided, shall be permitted
within said rail, except by authority of the election officers, for the purpose of
keeping order and enforcing the law.
[Supplies for marking ballots.] Each voting shelf shall be provided with
proper supplies and conveniences for marking the ballot.
[Return of booths, etc.] After each election the judges of elections shall
see that the booths, guard rails and other equipments are returned to the clerk
of the township or corporation in which the precinct is situated, for safe keeping,
1680
§ (2966-34).
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
[Placing of such equipments for elections.] And it shall be the duty of
such clerk to have such booths and equipments on hand and in place at
the polling place in each precinct before the time for opening the polls on elec-
tion day, and for this service the deputy state supervisors may allow the neces-
sary expense incurred; provided, that where a board of elections is established
by law, this duty shall devolve on such board. [93 v. 208; 90 v. 274; 89 v.
443; 88 v. 460, § 15.]
(2966-34) SEC. 20. [Challengers; oath.] Two challengers may be
appointed by the precinct committeeman of each political party having candi-
dates to be voted for at such election, who shall be admitted to the polling
place for the purpose of challenging electors in such precincts where the voters
are not registered, and they may keep tally of the electors voting; the chal-
lengers shall serve without compensation from the county, city, village or town-
ship, and shall take the following oath, to be administered by one of the judges
of election:
You do solemnly swear (or affirm) that you will support the constitution of
the United States and of this state; that you will faithfully and impartially
discharge the duties as official challenger, assigned by law; that you will not
cause any delay to persons offering to vote further than is necessary to procure
satisfactory information of the qualification of such person as elector, and that
you will not disclose or communicate to any person how any elector has voted
at such election.
Any voter may be challenged by any challenger, judge or clerk of the elec-
tion, and, if challenged, shall establish his right to vote as now provided by
law. Any elector of the precinct may notify the judges of election, in writing,
that he challenges the right of any person or persons to vote, giving the rea-
sons, and such person or persons shall be deemed challenged as above. [89 v.
444; 88 v. 454, § 11.]
See note to 2 2926n,
(2966-35) SEC. 21. [Ballot; how prepared.] Any person desiring to
vote and legally entitled to vote at such election shall give his name, and in
precincts where the registration law is in force his residence to the election
officer holding the ballots, who shall write the same upon the main stub of the
ticket in the blank space provided therefor. Such officer shall then mark upon
the secondary stub the elector's registered number, in all precincts in which a
registration law is in force, and in all other precincts the elector's full name.
One of the election officers shall then detach the ballot, with the secondary
stub attached, from the main stub, fold the same, and shall hand it to the
elector, and the elector shall be allowed to enter the place enclosed by the
guard-rail. The officer shall give him one, and only one ballot.
On receipt of his ballot, the elector shall forthwith, and without leaving the
enclosed space, retire alone to one of the voting shelves, and without undue
delay unfold and mark his ballot as hereafter described. No elector shall be
allowed to occupy a voting shelf already occupied by another, or to occupy a
voting shelf for more than five minutes, in case all the shelves are in use and
electors waiting to occupy the same, or to speak to or converse with any one,
except as herein provided while within the guard-rail. All marks upon the bal-
lot must be made by black lead pencil. If an elector soil or deface a ballot so
that it can not be used, he may successively obtain others, one at a time, not
exceeding in all three, upon returning each ballot so soiled or defaced, which
shall be immediately destroyed; provided, if an elector who has defaced three
ballots, shall satisfy the judges that the same were defaced by accident or hon-
est mistake, and not for any fraudulent purpose, the judges shall deliver him
another ballot and help him mark the same.
The elector shall observe the following rules in marking his ballot:
1681
•
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
§ (2966-35).
1. If the elector desire to vote a straight ticket, or in other words for each
and every candidate of one party for whatever office nominated, he shall,
either,
(a) Make a cross mark in the circular space below the device and above
the name of the party at the head of the ticket; or,
(b) Make a cross mark on the left of and opposite the name of each and
every candidate of such party in the blank space provided therefor.
2. If the elector desire to vote a mixed ticket, or in other words, for candi-
dates of different parties, he shall, either,
(a) Omit making a cross mark in the circular space above the name of any
party, and make a cross mark in the blank space before the name of each can-
didate for whom he desires to vote on whatever ticket he may be; or,
(b) Make a cross mark in the circular space above the name of a party,
some of whose candidates he desires to vote for, and then make a cross mark
before the name of any candidate of any other party for whom he may desire
to vote; in which case, the cross mark in the circular space above the name of
a party will cast the elector's vote for every candidate on the ticket of such
party, except for offices for which candidates are marked on other party tick-
ets, and the cross marks before the names of such candidates will cast the
elector's vote for them; provided, that where two or more persons for the same
office are to be voted for in any precinct, as two or more representatives or other
officers, and the names of several candidates therefor appear on each party
ticket grouped under the office for which all are running, the elector who has
marked a ticket in the circular space at its head, and marked one or more of a
group of candidates for such office on another ticket or tickets, must in addi-
tion to marking the ticket in the circular space at its head, also make a cross
mark before each one of the group of candidates for such office for whom he
desires to vote on the ticket thus marked; or instead of marking the candidates.
for such office he desires to vote for on the ticket marked by him, he may erase
the names of candidates for such office whom he does not desire to vote for on
the ticket thus marked by him to the number of candidates for such office
marked by him on other party tickets, in which case his vote shall be counted
for the candidates for such office not erased; and provided further, if an elector
who has thus marked a party ticket in the circular space at the head thereof
and marked one or more candidates on another ticket or tickets for an office for
which there are more than one candidate on his own party ticket, fail or neg-
lect to indicate either by individual marks or by erasures, as aforesaid, which
of the several candidates for the same office on his own party ticket he desires
to vote for, then and in such event, the vote shall be counted only for the can-
didate or candidates for that office that have the distinguishing mark before
his or their names.
If, in marking either a straight or mixed ticket as above defined, a cross
mark is made in the circular space above the name of a party at the head of
the ticket, and also one or more cross marks made before the name or names of
candidates on the same ticket for offices for which candidates on other party
tickets are not individually marked, such marks before the names of candi-
dates on the ticket so marked, shall be treated as surplusage and ignored, and
the ballot be counted for all the candidates on the ticket thus marked for
offices for which no candidates on other tickets are marked; but this provision
is subject to the exception in the proviso in the last paragraph, where two or
more persons for the same office are grouped on party tickets.
In the case of a question submitted, the elector shall make a cross mark in
the blank space on the left of and before the answer which he desires to give.
If the elector desires to vote for any person whose name does not appear on
the ticket, he can substitute the name by writing it in black lead pencil or
black ink in the proper place, and making a cross mark in the blank space at
the left of the name so written.
107
1682
§ (2966—36).
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
If the elector mark more names than there are persons to be elected to an
office, or if, for any reason, it is impossible to determine the voter's choice for an
office to be filled, his ballot shall not be counted for such office.
No ballot shall be rejected for any technical error which does not make it
impossible to determine the voter's choice. [89 v. 444; 88 v. 460, § 16.]
(2966-36) SEC. 21a. [Substituting when no nomination is made, or
name of person nominated is omitted; marking of ballot in such case. If
there should be no nomination for a particular office by any political party,
or if by inadvertence, or otherwise, the name of a candidate regularly nomi-
nated by such party should be omitted from the ballot, and the elector desires
to vote for some one to fill such office, he may do so by writing the name
of the person for whom he desires to vote in the space underneath the heading
or designation of such office and make a cross mark in the circle at the head of
the ticket, in which case the ballot shall be counted for the entire ticket as
though the name substituted had been originally printed thereon. [91 v. 119.]
(2966-37) SEC. 22. [Folding of ballots; receipt of same; re-enter-
ing booth; return of unvoted ballots; assistance in marking.] Before leav-
ing the voting shelf the elector shall fold his ballot without displaying the
marks thereon, and so as to conceal the same, but show the indorsements and
facsimile of the signatures of the proper clerk or board, and keep the same so
folded until he has delivered the ballot to the presiding officer.
One of the election officers shall receive the ballot, detach the secondary
stub bearing the elector's registered number or name, and examine such stub
for the purpose of identification, and deposit the ballot in the ballot-box; the
secondary stubs shall be preserved until the polls are closed and shall then be
destroyed before the ballot-box is opened; the elector shall mark and vote his
ballot without undue delay, and shall leave said enclosed place as soon as he
has voted.
No elector, not an election officer, shall be allowed to reenter said enclosed
place during said election except for the purpose of voting. No more electors
shall be allowed to enter within said rail at any one time than there are vot-
ing shelves provided. It shall be the duty of the judges of election to secure
the observance of the provisions of this section.
Every elector who does not vote a ballot delivered to him by the ballot offi-
cer shall, before leaving the polling place, return such ballot to such officer.
Any elector who declares to the presiding judge of election that he is unable
to mark his ballot by reason of blindness, paralysis, extreme old age or other
physical infirmity, and such physical infirmity is apparent to the judges to be
sufficient to incapacitate the voter from marking his ballot properly, may, up-
on request, receive the assistance in the marking thereof of two of the judges
of election, belonging to different political parties, and they shall thereafter
give no information in regard to the matter. But such assistance shall not be
rendered for any other cause which the voter may specify, and the presiding
judge may require such declaration of disability to be made by the elector un-
der oath before him.
No ballot without the official indorsement shall be allowed to be deposited
in the ballot-box, and none but ballots provided in accordance with the provis-
ions of this act shall be counted. [92 v. 148; 90 v. 274; 89 v. 446; 88 v. 460,
§ 16.]
(2966-38) SEC. 23. [Polls closed; unused ballots destroyed.] The
county executive committee of each party having a ticket to be voted at an
election may designate a suitable person to be present as inspector and witness
and inspect the counting of the votes in each precinct, and who shall be admit-
ted to said voting place, and who shall be entitled to a copy of the certificates
provided for in this act, but no other person except the election officers shall
1683
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
§ (2966-39).
be admitted to said polling place before or after the count begins. Immediate-
ly upon the close of the polls, the number of electors entered and shown on
the poll-books as having voted, shall be first certified therein and signed by the
board of judges and the clerks; and before any other or further proceedings the
president or chairman of the board shall make proclamation in a loud voice
outside of the polling room, stating the number of voters so shown and certi-
fied on the poll-books. Thereupon, the judges shall, in the presence of the
clerks and the inspectors above provided for, destroy the ballots remaining un-
voted. [89 v. 447; 88 v. 462, § 18.]
(2966-39) SEC. 24. [Canvassing, etc., of votes; announcement of
result; destruction of ballots, etc.] The ballot-boxes shall then be opened
and the ballots therein shall be taken out, one at a time, by one of the judges,
who shall read aloud distinctly, while the ticket remains in his hands, the name
or names voted for thereon, except that a straight ticket may be announced as
such and be so counted, and then delivered to the second judge, who shall ex-
amine the same and pass it to the third judge, and so on to the fourth, who
shall preserve it; and the same method shall be observed in respect to each of
the tickets taken out of the ballot-box until the number taken out of the bal-
lot-box is equal to the number of names in the poll-books. The clerks shall
enter in separate columns by tallies under or opposite the names of the persons
voted for, as provided in the form of tally-sheets, all the votes thus read by the
judges. After the examination of the ballots has been completed the number
of votes for each person shall be enumerated under the inspection of the
judges, and set down as provided in the form of the tally-sheets; when the re-
sult of the ballot is ascertained it shall be immediately announced by one of
the judges in front of the polling place, and a copy thereof certified by the
judges and clerks posted on the front of the polling place, and a certified copy
thereof given to the persons hereinafter designated as being entitled to be pres-
ent at the counting of the votes. When all these requirements are complied
with the judges shall, in the presence of the clerks and the inspectors, destroy
by burning the ballots so read and counted, and also any ballots remaining in
the box in excess of the number of names in the poll-books; provided, how-
ever, if there are any ballots cast and counted or left uncounted concerning the
legality of which there is any doubt or difference of opinion in the minds of
the judges of election, said ballots shall not be destroyed, but sealed up and re-
turned to the deputy state supervisors with the returns of the election for such
judicial or other investigation as may be necessary, with a true statement as to
whether they have or have not been counted, and if counted, what part and
for whom. [90 v. 275; 89 v. 448; 88 v. 463, § 18.]
The last part of this section was intended for evidence in a proper contest, but confers no authority on
the deputy supervisors to enter upon the investigation: State v. Tanzey, 49 O. S. 656, 661.
(2966-40) SEC. 25. [Making, transmission, etc., of returns, tally-
sheets, etc.] After canvassing the votes the judges and clerks shall make out
the returns of the election and the tally-sheets thereof in duplicate, signed and
certified as required by law; one copy thereof shall be immediately transmitted
to the deputy state supervisors by the presiding judge or such other judge as
he may designate; the other poll-book and tally-sheet shall be forthwith depos-
ited with the clerk of the township or the clerk of the municipal corporation,
as the case may require, by another judge designated by the presiding judge, to
be preserved one year after the date of such election. Such returns shall be
securely sealed up in an envelope and addressed transversely upon the upper
end thereof to the proper officer with whom they are to be deposited, with the
designation of the township, precinct and county;
[Cities of the first class and first grade of the second class.] Provided,
that in cities of the first class and first grade of the second class, such delivery
shall be made as now provided by law.
1684
§ (2966-41).
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
[When judges and clerks may leave polling place.] From the time the
ballot box is opened and the count of votes begun, until the votes are counted
and the returns made out, signed and certified as required by law, and deliv-
ered to the judges selected for such duty for transmission, the judges and clerks
of the precincts shall not separate, nor any judge or clerk leave the polling
place except from unavoidable necessity, under penalty of a fine of not less
than fifty nor more than one hundred dollars. [93 v. 366, 179; 92 v. 147; 90 v.
276; 89 v. 448; 88 v. 463, § 18.]
(2966-41) SEC. 26. [Printing false ballot.] Any printer employed to
print the official ballots, or any person engaged in printing the same, who shall
print or cause or permit to be printed, any official ballots printed otherwise
than according to the copy for the same furnished him by the said clerk or
board of elections, or any false or fraudulent ballots, or who appropriates to
himself or gives or delivers or knowingly permits to be taken any of said bal-
lots by any other person than the said clerk or board, or who knowingly and
wilfully seals up or causes or permits to be sealed up or delivers to the said
clerk or board, a less number of ballots than the number indorsed thereon;
and any person who shall knowingly have in his possession any official ballot
illegally obtained, or shall knowingly attempt to vote any other than an official
ballot lawfully obtained, shall be deemed guilty of a misdemeanor, and be fined
not less than two hundred and fifty nor more than one thousand dollars, or be
imprisoned not less than thirty days nor more than six months or both. [89
v. 449; 88 v. 465, § 22.]
(2966-42) SEC. 27. [Unlawfully opening ballots, etc.] Any judge or
clerk of election, or printer or other person entrusted with the custody or de-
livery of ballots, blanks, poll-books, cards of instruction or other required pa-
pers, who shall unlawfully open or permit to be opened, any sealed package
containing ballots, or who shall give or deliver to any person not lawfully en-
titled thereto, or shall unlawfully misplace or carry away, or shall negligently
lose, or permit to be taken from him, or fail to deliver, or shall, except as in
this act provided, destroy any such package of ballots, or any ballot, blank,
poll-book, card of instruction, or other required paper, shall be fined not less.
than one hundred dollars, nor more than one thousand dollars, or imprisoned
in jail not more than one year, or both. [89 v. 449; 88 v. 464, § 21.]
(2966-43) SEC. 28. [Destroying, defacing ballots, etc.] Any person
who shall falsely make or wilfully deface or destroy any certificate of nomination,
or nomination papers, or any part thereof, or any letter of withdrawal, or sign
any such certificate or paper contrary to the provisions of this act, or file any
certificate of nomination, or nomination paper or letter of withdrawal, know-
ing the same or any part thereof to be falsely made, or suppress any certificate
of nomination or nomination paper, or any part thereof, which has been duly
filed, or forge or falsely make the official indorsement on any ballot; or shall
wilfully deface, tear down, remove or destroy any card of instructions or speci-
men ballot printed and posted for the instruction of voters, or during an elec-
tion wilfully remove or destroy any of the supplies or conveniences furnished
to enable a voter to prepare his ballot, or shall wilfully destroy or deface any
ballot, or shall take or remove or be found in the possession of any ballot out-
side of the inclosure provided for voting before the close of the polls, or shall
wilfully hinder or delay the delivery of any ballots, or shall wilfully hinder
or delay the voting of others, shall be punished by a fine of not less than one.
hundred dollars, and not more than one thousand dollars, or imprisonment in
jail not more than one year, or by both fine and imprisonment. [89 v. 449;
88 v. 464, § 21.]
(2966-44) SEC. 29. [Misleading voter; penalty.] Any judge or clerk
who shall mislead an illiterate voter or a voter who is blind or for any reason
1685
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
§ (2966-45).
unable to prepare his ballot, or who shall prepare a ballot for such voter other-
wise than as directed by him, or who shall disclose to any person, except when
legally required to do so, how such voter directed his ballot to be prepared, or
how he voted, shall be fined not less than one hundred nor more than one
thousand dollars, and imprisoned in the jail not less than three nor more than
twelve months. [89 v. 450; 88 v. 464, § 22.]
(2966–45) SEC. 30. [Penalty; exposing ballot, deceiving elector,
etc.] Any elector who shall, except as otherwise herein provided, allow his
ballot to be seen by any person, with an apparent intention of letting it be
known how he is about to vote, or shall purposely mark his ballot so it may be
identified after it has been cast, or who shall make a false statement as to his
inability to mark his ballot, or any election officer who shall deceive any elect-
or in marking his ballot, or mark the same in any way other than as request-
ed by such elector, under the provisions of this act, or any person who shall
interfere, or attempt to interfere, with any elector when inside said inclosed
place, or when marking his ballot, or shall attempt to speak or converse with
any person while within the guard-rail, except as herein provided, or who shall
endeavor to induce any elector, after voting, to show how he has marked his
ballot, shall be punished by a fine of not less than twenty-five dollars nor more
than five hundred dollars, or by imprisonment in the jail not more than six
months, or by both such fine and imprisonment. [89 v. 450; 88 v. 464, § 21.]
(2966-46) SEC. 31. [Penalty for neglect of duty.] Any public offi-
cer upon whom a duty is imposed by this act who shall wilfully or negligently
violate his said duty; or who shall wilfully neglect to perform such duty, or
who shall wilfully perform it in such a way as to hinder the objects of this act,
or who shall wilfully disobey any provision of this act, shall be punished by
a fine of not less than fifty dollars nor more than one thousand dollars, or by
imprisonment in jail not more than one year, or by both such fine and im-
prisonment. [89 v. 450.]
(2966-47) SEC. 31a. [Prosecution of violations.] It shall be the
duty of the prosecuting attorney of any county, upon the request of the state
supervisor of elections, or at the instance of the deputy state supervisors of the
county, to prosecute violations of this act. [91 v. 119.]
(2966-48) SEC. 32. [Giving bribe.] Whoever, directly or indirectly
by himself or through any other person, either,
1. Gives or lends, or offers or promises to give or lend, or to procure or en-
deavor to procure, any money or other valuable consideration, to or for any
elector, or to or for any other person, to induce any elector to register or refrain
from registering for any election, or to vote or refrain from voting at any elec-
tion, or to vote or refrain from voting at such election for any particular person
or persons, or question or proposition, or on account of any such elector hav-
ing registered or refrained from registering, or voted or refrained from voting,
or voted or refrained from voting for any particular person or persons, or ques-
tion or proposition; or,
2. Gives, offers or procures or promises to procure, or endeavors to procure,
any office, place or employment, to or for any elector or to or for any other per-
son, in order to induce any elector to register, or refrain from registering, for
any election, or to vote or refrain from voting at any election, or to vote or re-
frain from voting at such election for any particular person or persons, or ques-
tion or proposition; or,
3. Advances or pays, or causes to be paid any money or other valuable
thing to or for the use of any other person, with the intent that the same or
any part thereof shall be used in bribery at any election, shall be fined not
more than five hundred dollars, or imprisoned in the penitentiary not more.
than three years, or both. [89 v. 451; 88 v. 466, § 24.]
1686
§ (2966-49).
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
(2966-49) SEC. 33. [Receiving bribe.] Whoever, being an elector,
directly or indirectly, by himself or through any other persón, receives, agrees
or contracts for, before, during or after an election, any money, gift, loan or
other valuable consideration, office, place or employment, for himself or any
other person, for registering or agreeing to register, or for refraining or agreeing
to refrain, from registering for any election, or for voting or agreeing to vote,
or for refraining or agreeing to refrain from voting at any election, or for vot
ing or agreeing to vote, or refraining or agreeing to refrain from voting for any
particular person or persons, or proposition or question, at any election, shall
be fined not more than five hundred dollars or imprisoned not more than
one year, or both. [89 v. 451; 88 v. 467, § 25.]
(2966-50) SEC. 34. [Intimidating voter.] Whoever, directly or in-
directly, by himself or through any other person, makes use of, or threatens
to make use of, any force, violence or restraint, or inflicts, or threatens
to inflict, any injury, damage, harm or loss, or threatens to enforce the pay-
ment of a debt against, or to begin a criminal prosecution against, or to injure
the business or trade of, or in any manner practices intimidation upon or
against any person, in order to induce or compel such person to vote or refrain
from voting, or to vote or refrain from voting for any particular candidate or
candidates; or if any employer of laborers, or an agent of such employer,
whether a corporation or otherwise, does any of the acts aforesaid, or threatens
to withhold or reduce the wages of, or to dismiss from service any employe, in
order to induce or compel such employe to vote or refrain from voting for any
particular candidate or candidates at any election; and whoever, by any sort
of duress, constraint or improper influence, or by any fraudulent or improper
device or contrivance, impedes or prevents, or otherwise interferes with the
free exercise of the elective franchise of any elector, shall be fined not more
than two thousand dollars or imprisoned in the penitentiary not more than
three years, or both. [89 v. 452; 88 v. 467, § 26.]
(2966-51) SEC. 35. [Offender compelled to testify.] Prosecutions
under all the penal sections of this act and of the Revised Statutes appertaining
to the conduct of elections, must be commenced within six months after the
commission of the act complained of. A person offending against any provis-
ion of sections 32, 33 and 34 [§§(2966—48), (—49), (—50)] of this act is a com-
petent witness against another person so offending, and may be compelled to
attend and testify upon any trial, hearing or investigation, in the same manner
as any other person. But the testimony so given shall not be used in any pros-
ecution or proceeding, civil or criminal against the person so testifying. A per-
son so testifying shall not be liable thereafter to indictment, prosecution or pun-
ishment, for the offense with reference to which his testimony may be given, and
may plead or prove the giving of testimony accordingly, in bar of such an in-
dictment or prosecution. When a person is convicted of any offense described
in section 32 [§(2966—48)] of this act, he shall, in addition to the punishment
therein prescribed, forfeit any office to which he may have been elected at the
election with reference to which such offense was committed, and when a per-
son is convicted of any offense mentioned in section 33 [$(2966-49)] of this
act, he shall, in addition to the punishment therein prescribed, be excluded
from the right of suffrage for a period of five years after such conviction. [89
v. 452; 88 v. 467, § 27.]
As to compelling a person to testify against himself, this section substantially adopts the language of
the act of congress of February 11, 1893, the constitutionality of which was sustained in Brown v. Walker,
161 U. S. 591.
(2966-52) SEC. 36. [Compensation of judges and clerks; cities hav-
ing registration.] The judge of election called by the deputy state supervis
ors to receive and deliver ballots, poll-books, tally-sheets and other required
papers, shall receive two dollars for such service, and in addition thereto mile-
1687
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
(2966-53).
age at the rate of five cents per mile to and from the county seat if he live one
mile or more therefrom. The judge of the election carrying the returns to the
deputy state supervisors shall receive like compensation. Judges and clerks
shall each receive as compensation the sum of three dollars for their services
for each election day; provided, however, that in cities where registration is
required the compensation shall remain as now fixed by law, except that the
chairman elected at the meeting for organization shall receive one dollar for
calling for the sealed package of ballots. [92 v. 134; 91 v. 43; 90 v. 276; 89
v. 452.]
Judges of election were entitled to $5 per day compensation at November election 1894, in county and
city precincts of Hamilton county: State ex rel. v. Ehrman, 6 O. D. 11.
Councilmen and aldermen, except in Dayton, to receive no compensation except when
acting as judges of election, see ? 1683.
(2966-53) SEC. 37. [Duties of boards of elections in counties con-
taining cities of the first class and first grade of the second class.] In
counties containing cities of the first class, and first grade of the second class,
the election precincts of the county outside of the city shall be held and deemed
to be an election precinct of the city for the purpose of conducting elections
under this act, and the board of elections heretofore provided for such cities by
section 29266 of the Revised Statutes, shall, in their respective counties perform
the duties imposed upon the deputy state supervisors by this act.
[Powers and duties in counties containing cities of second class, other
than cities of first grade, second class.] In counties containing cities of the
second class, other than cities of the first grade of the second class, the boards
of elections heretofore provided for such cities, shall have the power and be sub-
ject to the duties prescribed in section twenty-nine hundred and twenty-six of
the Revised Statutes, and supplemental sections as heretofore amended, except
that all the returns of the November election shall, in such counties, be made
to the deputy state supervisors as provided by law; and in addition thereto,
such boards shall, in the conduct of municipal elections, have all the powers
and duties and be subject to all the provisions, penalties and requirements of
the deputy state supervisors prescribed in this act.
[Same of boards, deputy supervisors or other officers in counties other
than those containing cities of first class and first grade, second class.]
In all counties other than counties containing cities of the first class, and first
grade of the second class, in or for which there is or may be established a board
of elections, or deputy supervisors of elections or other officer or officers, whose
duty [it] is to receive and canvass the returns of the elections in and for such
county or counties, and transmit abstracts thereof, such board or deputy super-
visors, or other officer or officers shall in their respective counties, in the
conduct of elections have all the powers and perform all the duties conferred
and imposed by this act and be subject to the provisions, penalties and require-
ments herein;
[When chief deputy or presiding canvassing officer to act for associ-
ates.] Provided, that in the consideration and decision of the objections and
questions arising in the course of a nomination for an officer of a circuit or
district composed of more than one county, the chief deputy supervisor or
presiding canvassing officer of the county shall act for his associates.
[Judges and clerks.] Judges and clerks appointed for the several pre-
cincts of a county by such boards of elections or deputy supervisors or other
officer or officers, shall serve as such in the conduct of all elections under this
act and shall perform all the duties and exercise all the powers and be subject
to all the penalties imposed, conferred or prescribed by this act upon judges
and clerks of elections. [93 v. 367, 179; 90 v. 276; 89 v. 453; 88 v. 449, § 3.]
VOTING MACHINES.
(2966-54) SEC. 1. [Submission of question as to using voting ma-
chines. Any body or board of public officials, or any officer or officers,
charged by law with the duty of providing material and supplies for holding
1688
$ (2966-54).
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
an election or elections in any city, village, town, precinct, or other civil di-
vision of the state, may at any general election submit a proposition to the
qualified voters thereof to adopt a voting machine, or voting machines, for use
in any or all of the election districts within the city, village, town, or precinct,
or other civil division of the state for which such board or body of public offi-
cials, or officer or officers, are charged by law with the duty of providing with
material or supplies for holding an election, and after a majority of the votes
cast at such election in any such city, village, town, precinct or other civil di-
vision of the state shall favor the adoption of such voting machine or machines,
thereupon it shall be lawful for such voting machine or machines to be used at
any or all elections within the election district for which the same shall have
been adopted, for the purpose of voting for all officers or delegates to be voted
for by the electors at such election or elections, and for the purpose of voting
upon all constitutional amendments and any and all propositions and ques-
tions upon which the electors at such election or elections may be lawfully en-
titled to vote, and for the registering and counting the votes or ballots cast at
such election or elections.
[Purchase of same.] And such board or body of public officials, or officer
or officers charged by law with the duty aforesaid, are hereby authorized and
empowered to purchase such voting machine or machines for use at any or all
of the election districts for which he, it or they are by law charged with the
duty of providing with material and supplies for holding an election, at the ex-
pense of the city, village, town, county, precinct, or other civil division of the
state now chargeable by law with the expenses of the material and supplies
for holding general elections in such election district or districts.
[To be approved by commission; requirements of machine.] Provided,
however, that no such voting machine shall be used, purchased or adopted
until after the commissioners herein provided for, or a majority thereof, shall
have made and filed their report certifying that they have examined such ma-
chine; that it affords each elector an opportunity to vote in absolute secrecy;
that it enables each elector to vote a straight party ticket; that it enables each
elector to vote a ticket selected in part from the nominees of one party, and in
part from the nominees of any or all other parties, and in part from an inde-
pendent nomination, and in part of persons not in nomination by any party
or upon any independent ticket; that it enables each elector to vote a written
or printed ballot of his own selection, for any person for any office for which
he may desire; that it enables each elector, if he so desires, to cast one written
or printed ballot of his own selection for all the officers for whom he is entitled
to vote at such election; that it affords each elector an opportunity of voting
for all the candidates for whom he is entitled to vote, and absolutely prevents
his voting for any candidate more than once; and that it also prevents the
elector voting for more than one person for the same office, unless he be law-
fully entitled to vote for more than one person for that office, and, in that event,
it admits of his voting for as many persons for that office as he is by law en-
¡titled to vote for, and no more, at the same time preventing his voting for the
same person twice; that the machine is so constructed that an elector may be
permitted to vote for a candidate for whom he may be lawfully entitled to vote,
and excluded from voting upon any questions upon which he may not be law-
fully entitled to vote; that such machine admits of the enjoyment by each
elector of his full right and privilege in the exercise of the elective franchise
under the constitution and laws of this state; that the machine is supplied
with a booth so arranged that the operation of the machine by the elector,
when voting can not be seen, observed or known by any other person, unless
such other person be inside the booth at the same time; that such machine,
properly operated, will correctly register every vote cast; that the machine is
constructed of such material [that,] when properly cared for, there is little or
1689
Tit. XIV, Ch. 2.
CONDUCT OF ELECTIONS.
§ (2966-55).
no danger of its utility being impaired by any of the parts becoming rusted
or corroded; that the machine may be safely and conveniently used by eight
hundred electors in any one election district during the time allowed for hold-
ing a general election therein. [93 v. 277.]
(2966-55) SEC. 2. [Commission to examine machines; duties and
powers.] The present governor, secretary of state and attorney general and
their successors in office, are hereby created and made commissioners to examine.
voting machines, and to make a report and certificate thereon, and, for such
purpose, they are hereby authorized to employ such assistance as they, or a
majority of them, may deem advisable, and the expenses thereof shall be pay-
able out of any funds of the state not otherwise appropriated. The examina-
tion, report, or certificate of such commissioners, or a majority thereof, above
provided for, shall not be required of each individual machine, but of every
particular kind of machine before its adoption, use or purchase as herein pro-
vided.
[Certificate filed with secretary of state.] The certificate, when made by
said commissioners, or a majority thereof, shall be filed in the office of the sec-
retary of state. [93 v. 278.]
(2966-56) SEC. 3. [Machines must meet statutory requirements.]
The voting machine or machines, to be used, adopted or purchased as herein
provided, must be so constructed as to meet all requirements specified in this
act. [93 v. 278.]
(2966-57) SEC. 4. [How nominations to appear on machine; gen-
eral requirements to enable elector to vote his choice.] Party nominations
shall be arranged on each voting machine either in columns or horizontal rows.
Ballot captions of cardboard or paper, which shall have printed thereon, in
plain, clear type, the party or other lawful designation of the nominee, amend-
ment or other proposition submitted to vote, shall be so placed on said ma-
chines as to indicate to the voter what lever, push, knob, key or other device is
to be used or operated in order to vote in accordance with his choice. Such
machines shall also be provided with a printed ballot or cardboard, upon which
shall be printed in plain, clear type the name of the office and the name of the
candidate or nominee therefor, or a concise statement of the amendment, or
question, or proposition, to be voted upon. And these shall be placed upon
such machines in such manner as to enable the voter to readily vote in ac-
cordance with his choice. The irregular device shall be provided with similar
cardboard, or printed paper, except that the name of the candidate shall not
be printed thereon; and the same shall be so placed on said machine as to
show to the voter where to deposit the ballot for any person for a particular
office. If two or more persons are to be elected to the same office, for differ-
ent terms, the term for which each is to be elected shall be designated on such
machines as above provided. [93 v. 279.]
(2966-58) SEC. 5. [Election officers to have view of entire polling
place except operation of machine; location of machine.] Every part of
the polling place shall be in plain view of the election officers, including the
watchers, if any, except that the operation of the machine by the elector shall
be obscured as herein provided. It shall be placed at least three feet from every
wall or partition of the room, and at least three feet from the outer guard-rail,
and at least four feet from the judge's table.
[Guard-rails; construction; who admitted within.] Guard-rails shall be
constructed at least three feet from the machine, with openings to admit elect-
ors to and from the machine, and no person shall be permitted within such
guard-rails except to enter the booth for the purpose of voting. But one per-
son shall be permitted within such booth at a time, except that a disabled
1690
§ (2966—59).
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
elector may be furnished such assistance and in such manner as is now or may
hereafter be authorized by law, and not otherwise. [93 v. 279.]
(2966-59) SEC. 6. [Party emblem; placing of same.] The party
emblem, if any is in use in the state, shall be placed at the head of the party
ticket in such manner as to be easily seen;
[Arrangement for voting for presidential electors.] And, in presidential
elections, such machine may be provided in each column or horizontal line of
party nominations with a separate push knob, lever, key or other device, for
voting for all the presidential electors nominated by such party, and the num-
bers registered by the counters of that particular push knob, lever, key or other
device shall be counted for each and every one of the candidates for presidential
elector of such political party.
["Straight ticket."] And in each column or horizontal line may be one
lever, push knob, key, or other device, with a label as above provided, with the
name of the party and the words "straight ticket" printed thereon in plain,
large type; and the operation of such lever, push knob, key, or other device,
shall vote the entire ticket, including presidential electors. [93 v. 279.]
(2966-60) SEC. 7. [Delivery of ballots, etc., for use in connection
with machine.] The officer or officers now charged by law with the duty of
furnishing such election districts with ballots shall furnish each polling place
using such machine with all ballots, ballot captions, cards, counter labels and
instruction cards herein required; and the same shall, on Saturday next pre-
ceding the election at which they are to be used, be delivered to the clerk of
the city, village, town, or precinct where the same are to be used, or to such
other officer in such city, town or village to whom ballots are now required by
law to be delivered. [93 v. 280.]
(2966-61) SEC. 8. [Precaution to be taken before voting begins.]
Before any voting is done on any such machine or machines, all the counters
shall be placed so as to register "O," and shall not be again changed except as
it is done by the electors in voting. [93 v. 280.]
(2966-62) SEC. 9. [Length of time voter may remain in booth.]
No voter shall remain within the voting machine booth longer than one min-
ute, and if he shall refuse to leave the said machine after the lapse of one min-
ute, he shall be removed by the judges. [93 v. 280.]
(2966-63) SEC. 10. [Closing of polls; locking of machine; counting
compartment to be opened in presence of authorized persons.] As soon as
the polls are closed the ballot machine shall be locked against voting, and the
counting compartment opened in the presence of the watchers and all other
persons who may be lawfully within the room or voting place, giving full view
to the dial numbers announcing the votes cast for each candidate, and for or
against the various constitutional amendments, questions or other propositions.
[93 v. 280.]
(2966-64) SEC. 11. [Counting and announcement of votes.] The-
judges shall then add together the votes cast for each candidate, and ascertain
the number of votes each has received, and publicly announce the total vote
for each candidate thus ascertained.
[Judges to sign returns before leaving room or locking counting com-
partment.] Before leaving the room or voting place, and before closing and
locking the counting compartment, the judges shall make and sign written
statements or returns of such election, as now required by law, except that
they shall not be required to attach any ballots, official or defective, thereto.
[Returns to be read; comparison of results.] The written statements or
returns so made, after having been signed by the judges, shall be distinctly and
clearly read in the hearing of all persons present, and ample opportunity given
1691
Tit. XIV, Ch. 3.
PRESIDENTIAL ELECTIONS.
§ (2966-65).
to compare the results so certified with the counter dials of such machine.
After such comparison and correction, if any is made, the judges shall then
close the counting compartment and lock the same. [93 v. 280.]
(2966-65) SEC. 12. [Services of ballot clerk dispensed with.] No
ballot clerk shall be elected or appointed in any town or city that shall have
adopted the use of the voting machine. [93 v. 280.]
(2966-66) SEC. 13. [Tampering, etc. with machine; penalty.] Any
person who shall tamper or attempt to tamper with any such machine or
machines, or in any manner intentionally impair or attempt to impair its use,
and any person who shall be guilty of or attempt any dishonest practice upon
any such machine, or with or by its use, shall be deemed guilty of a misde-
meanor, and punishable by a fine not exceeding one thousand dollars, or by
imprisonment not exceeding five years, or by both such fine and imprison-
ment. [93 v. 280.]
(2966-67) SEC. 14. [Existing laws.] All the provisions of the elec-
tion law not inconsistent with this act shall apply to all elections in the pre-
cincts where such voting machines are used. And any provisions of law which
conflict with the use of such machine or machines as herein set forth shall not
apply to the precinct or precincts in which an election is conducted by use of
said ballot machine or voting machines. [93 v. 281.]
SECTION
CHAPTER 3.
PRESIDENTIAL ELECTIONS.
2967. Sheriff shall issue proclamation of election.
2968. Electors of president and vice-president to be
elected.
SECTION
2970d. Proceedings under judgment of ouster.
2970e. Costs.
2971. The electors to meet at Columbus.
2969. Repealed.
2970. Secretary of state to canvass returns, and
governor to issue certificates and make pub-
lication.
2972.
Electors to give notice to the governor of their
presence.
2973.
How vacancies in the office of elector to be
filled.
2970a. Notice of contest of election of presidential electors ;
procedure.
2974.
Tie vote to be determined by the governor
by lot.
2970b. Commission to hear such contest; notice to con-
testees of time of hearing, etc.
2975.
2970c. Powers of and rules governing commission; when
2976.
Electors so chosen to be notified by the gov-
ernor, and to act as electors.
Compensation of clectors, and how paid.
governor shall vote; judgments and records of
commission.
SEC. 2967. [Sheriff shall issue proclamation of election.] At least
fifteen days before the time for holding the election provided for in the next
section, the sheriff shall give public notice by proclamation throughout his
county, of the time and place of holding such election, and the number of
electors to be chosen; a copy of which shall be posted up at each of the places
where elections are appointed to be held, and inserted in some newspaper pub-
lished in the county, if any is published therein. [61 v. 84, §1; 50 v. 311, §4;
S. & S. 330; S. & C. 529.]
See notes to decisions under 22977.
SEC. 2968. [Electors of president and vice-president to be elected.]
The qualified electors shall, on the Tuesday next after the first Monday in
November, in the year eighteen hundred and eighty, and every fourth year
thereafter, elect a number of electors of president and vice-president of the
United States, equal to the number of senators and representatives this state
may be entitled to in the congress of the United States; but no senator or
representative in congress, or other person holding an office of trust or profit
1692
S$ 2969-2970c.
CONDUCT OF ELECTIONS.
Tit. XIV, Ch. 2.
under the United States, or any law thereof, shall be eligible as an elector of
president and vice-president. [61 v. 84, §1; S. & S. 330; (S. & C. 529, 531).]
SEC. 2969. [Duty of clerk of court on receipt of poll-books.] [Repealed :
90 v. 282; re-enacted, 89 v. 426; repealed, 88 v. 468;70 v. 272, 1; (S & C.
530).]
The clerk can not be required by mandamus to abstract votes cast for a person for an office, unless the
same is required to be filled by the electors at such election: State ex rel. v. McGregor, 44 O. S. 628. Spear, J.
dissented.
SEC. 2970. [Secretary of state to canvass returns, and governor to
issue certificates and make publication.] When returns are received from
all the counties, the secretary of state shall, in the presence of the governor,
auditor of state, and such other state officers as may choose to attend, open the
abstracts of poll-books, and, as they are opened, cause the same to be read
aloud, and make an abstract showing the number of votes given for each per-
son for such office; and if two or more such persons receive an equal number
of votes, the secretary of state, in the presence of the state officers aforesaid,
shall determine by lot which of such persons is duly elected; and the gov-
ernor shall make, and transmit by mail to the persons having the highest num-
ber of votes, or whose election was determined by lot as aforesaid, certificates of
their election to the office of elector of president and vice-president of the
United States, and shall cause notice of their election to be published in three
newspapers published at Columbus, two of which shall be of opposite politics.
[70 v. 272, §1; S. & S. 330; S. & C. 530.]
SEC. 2970a. [Notice of contest of election of presidential electors;
procedure.] Any qualified voter may contest the election of the electors so
chosen, or any of them, by serving notice upon the contestee or contestees in
the manner and time prescribed in section three thousand and five, and filing a
copy thereof with the governor of the state within five days after the mailing
by him of the certificates of election prescribed in section two thousand nine hun-
dred and seventy; and the provisions of sections two thousand nine hundred and
ninety-eight, two thousand nine hundred and ninety-nine, three thousand and three
thousand and one shall apply to such contest, except that all testimony taken
and all matters relating to the contest shall be sent to and filed with the secre-
tary of state, before the day appointed by the governor for the hearing; and
every such contest shall be heard and determined as hereinafter provided.
[1888, February 21: 85 v. 26.]
SEC. 2970b. [Commission to hear such contests; notice to con-
testees of time of hearing, etc.; secretary of commission.] Upon the filing
of the copy of such notice with the governor, it shall be his duty within five
days to appoint four of the judges of the circuit courts, not more than two of
whom shall be of the same political party, or so reputed to be, who, with the
governor, shall be a commission to hear and determine such contest; and he
shall appoint the time for such hearing, which shall be within ten days, and
give them notice thereof; and thereupon a certified copy of the notice filed with
the governor by the contestor, and notice in writing to the contestee or contestees
of the time so appointed for the hearing, and requiring him or them to attend,
in the hall of the supreme court at Columbus, at such time, and answer the con-
test, shall be issued by the secretary of state to the sheriff of Franklin county;
or if he be disqualified, to the coroner of said county, and may and shall be
served by him upon such contestee or contestees, in any county, and return
made to the secretary of state, as upon the summons in a civil action. The
secretary of state shall act as the secretary of such commission, and discharge
such duties as they may direct in that behalf. [1888, February 21: 85 v. 26.]
SEC. 2970c. [Powers of and rules governing commission; when gov-
ernor shall vote; judgments and records of commission.] The said com-
1693
Tit. XIV, Ch. 2.
PRESIDENTIAL ELECTIONS.
§§ 2970d-2975.
mission shall, in hearing and determining such contest or contests, have and
exercise all the powers and authority, and be governed by the same rules
and procedure, as may be prescribed for the senate in contested elections of
state officers, so far as applicable, and subject to the constitution and laws of
the United States. In any order or vote by the commission, and in the final
decision and judgment upon the contest, the governor shall vote if the other
members of the commission are equally divided, and not otherwise. The
judgment of such commission or the majority, upon the contest or contests, at
any election of electors of president and vice-president of the United States,
shall be final and conclusive thereof, and the record of the judgment and pro-
ceedings shall be filed and kept by the secretary of state in his office. [1888,
February 21: 85 v. 26.]
SEC. 2970d. [Proceedings under judgment of ouster.] If any con-
testee or contestees be ousted by the judgment of such commission or the
majority of them, the certificate of election so issued to him or them shall be
null and void, and the governor shall forthwith make and transmit by mail to
the person or persons, if any, ascertained and determined by the judgment of
the commission, or a majority of them, to have been duly elected, a certificate
of his or their election to the said office of elector or electors of president and vice-
president of the United States and shall cause notice of his or their election
and of such judgment to be proclaimed and published and [as] prescribed in
section two thousand nine hundred and seventy. [1888, February 21: 85 v. 26, 27.]
SEC. 2970e. [Costs.] The commission shall render judgment against
the party failing in any such contest for all the costs, including the costs of all
depositions filed and allowed; and execution for the same shall be issued to any
sheriff in the state and levied and collected as upon judgment and execution at
law. Security for costs satisfactory to the secretary of state, shall be given by
the contestee or contestees before any notice of the contest shall be issued by
him. [1888, February 21: 85 v. 26, 27.]
SEC. 2971. [The electors to meet at Columbus.] The electors chosen as
aforesaid shall, at twelve o'clock on the day appointed by the congress of the
United States, meet at the state house in Columbus, and then and there per-
form the duties enjoined upon them by the constitution and laws of the United
States. [29 v. 41, §6; S. & C. 530.]
SEC. 2972. [Electors to give notice to the governor of their presence.]
Each elector shall, before the hour of twelve o'clock on the day next preceding
the day fixed by the law of congress to elect a president and vice-president of
the United States, give notice to the governor that he is present, and ready at
the proper time to perform the duties of an elector; and the governor shall
thereupon deliver to each such elector a certificate of the names of all the elect-
ors. [29 v. 41, § 8; S. & C. 530.]
SEC. 2973. [How vacancies in the office of elector to be filled.] If
any of the electors are absent, and fail to appear before nine o'clock on the
morning of the day appointed for the election, the electors then present shall
immediately proceed to elect by ballot, in the presence of the governor, persons
to fill the vacancies occurring through such non-attendance. [29 v. 41, § 8;
S. & C. 530.]
SEC. 2974. [Tie vote to be determined by the governor by lot.] If
two or more persons receive an equal and the greatest number of votes at such
election, the governor, in the presence of the electors attending, shall determine
by lot which of such persons is duly elected; otherwise he or they having the
greatest number of votes shall be considered elected to such vacancies. [29 v.
41, §9; S. & C. 531.]
SEC. 2975. [Electors so chosen to be notified by the governor, and to
act as electors.] The electors making such choice shall forthwith certify to
1694
§§ 2976-2978. STATE, COUNTY, TOWNSHIP ELECTIONS. Tit.XIV,Ch.4.
the governor the names of the persons so chosen, and the governor shall cause
immediate notice in writing to be given to each of such persons; and the per-
sons so chosen and notified, and not the persons in whose place they have been
chosen, shall be electors, and shall meet the other electors at the time and place
appointed, and then and there discharge all the duties enjoined on them as
electors by the constitution and laws of the United States and of this state.
(29 v. 41, § 10; S. & C. 531.]
SEC. 2976. [Compensation of electors, and how paid.] Each elector
shall receive three dollars for each day's attendance at Columbus as such,
and mileage at the rate of ten cents per mile for the estimated distance
by the usual route, from his place of residence to Columbus, to be paid by the
state. [70 v. 272, §1; (S. & Č. 531).]
SECTION
SECTION
2977. Sheriff to issue proclamation of election.
2978. Time of state and county elections.
2979. Of congressional elections.
2987.
2988.
2979-1. Congressional apportionment.
2980. Opening returns and making abstract of votes.
2981. Repealed.
CHAPTER 4.
STATE, COUNTY, AND TOWNSHIP ELECTIONS.
When other returns may be used in the can-
vass.
Vacancy in office of representative to congress
and member of general assembly; how
filled.
2981-1. Returns; canvassing and certificates if
judge, legislator, district or county officer is
elected at April or special election; if two
or more counties joined in a circuit or dis-
trict.
2989.
2990.
2991.
2992.
How returns shall be made to secretary of state.
Votes to be canvassed by secretary of state, etc.
Tie votes for congressmen to be decided by lot.
When abstracts to be re-canvassed, and other
certificates issued.
2982. Provisions relating to poll-books; also as to
abstracts of votes and validity of returns.
2983. Making and transmission of certified copies
and abstracts.
2984. When president of senate to open and publish
abstracts.
2985. If general assembly not in session, who to open
and canvass certain returns of election, and
how.
2986. When governor and secretary of state to can-
vass certain returns.
2993. Tie votes for county officers and members of
general assembly to be determined by lot.
2994. Abstract of votes and certificates of election;
how made when two or more counties are
joined in an election district.
2995.
2996. Where and how township elections to be held.
2996-1. Majority of those voting on a question sub-
mitted, means majority of all voters at the
election.
Deputy state supervisors to issue certificates of
election in certain cases.
2996-2. No special election for such question unless
act so provides; proclamation.
SEC. 2977. [Sheriff to issue proclamation of election.] The sheriff of
each county shall, at least fifteen days before the holding of any general election,
and at least ten days before the holding of any special election, for any officer
named in the next section, give notice by proclamation throughout his county
of the time and place of holding such election, and the officers at that time to
be chosen, one copy of which shall be posted up at each of the places where
elections are appointed to be held; and such proclamation shall also be inserted
in some newspaper published in the county, if any is published therein. [50 v.
311, §4; S. & C. 532.]
The omission of the sheriff to mention one of the county offices to be filled, in his notice of election, is
not conclusive evidence of the invalidity of the election, while it is competent evidence, in connection with
other circumstances, to prove fraud or conspiracy: State v. Taylor, 15 O. S. 137; State v. Stewart, 26 O. S. 216.
But when the sheriff fails to give such notice for one of the county offices to be filled, and when, in conse-
quence of such neglect, a majority of the electors voting at such election are misled into not voting for a
person to fill such office so omitted in the notice, and only a small minority vote for such person, then such
attempted election is irregular and invalid: Foster v. Scarff, 15 O. S. 532.
A proceeding in mandamus to compel the sheriff to give notice and make proclamation to the qualified
voters of a county to elect a judge of the court of common pleas therein, is properly instituted upon the
relation of an elector of such county: State v. Brown, 38 O. S. 344.
SEC. 2978. [Time of state and county elections.] All general elections
for governor, lieutenant-governor, secretary of state, auditor of state, treasurer
of state, attorney-general, state commissioner of common schools, member of
the board of public works, judge of the supreme court, clerk of the supreme
court, judge of the circuit court, judge of the common pleas court, senators
and representatives to the general assembly, judge of the probate court, clerk of
1695
Tit. XIV,Ch.4. STATE, COUNTY, TOWNSHIP ELECTIONS.
$2979.
the common pleas court, sheriff, county auditor, county commissioner, county
treasurer, county recorder, county surveyor, prosecuting attorney, infirmary
director, and coroner, shall be held on the first Tuesday after the first Mon-
day in November. All votes for any judge for any elective office, except a
judicial office, under the authority of this state, given by the general assembly
or the people, shall be void. [1886, March 24: 83 v. 35; 82 v. 16, 30; Rev. Stat.
1880; 61 v. 68, § 1; (S. & S. 332; S. & C. 532).]
As to election of additional judges of the court of common pleas, see "Courts,”
? (557—1) et seq.
All county officers must be elected at the annual election on the second Tuesday of October, until the
time is otherwise fixed by law: State v. Constable, 7 O. (1 pt.) 7; but the legislature has power to fix the time
for holding the election of county officers, and, when it has fixed it by law, an election at any other time is
unauthorized and void: State v. Dombaugh, 20 O. S. 167.
This section does not apply to the election of judges who, by the law creating the judgeship, are to be
elected at the April election. It does not repeal or otherwise affect such law: State v. Barbee, 45 O. S. 347.
See Sawyer v. State ex rel., 45 O. S. 343, construing 2 445a.
SEC. 2979. [Of congressional elections.] The electors of each congres-
sional district in this state shall, biennially, on the first Tuesday after the first
Monday in November, vote for a representative in the congress of the United
States for the term commencing on the fourth day of March next thereafter.
[1886, March 24: 83 v. 35, 36; Rev. Stat. 1880; 61 v. 68, § 1; (S. & C. 536). Į
(2979-1) [Congressional apportionment.] That the state of Ohio shall
be divided into twenty-one districts for the election of representatives to con-
gress, and each district shall choose one representative in the manner follow-
ing, to wit:
"First District-That so much of the county of Hamilton as is now contained
within the limits of the 1st, 2d, 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 18th,
26th and 27th wards of the city of Cincinnati, as they are now constituted, and
the townships of Anderson, Columbia, Spencer, Symmes and Sycamore, and
Avondale, and the Northeast, Southeast, St. Bernard, Bond Hill and Clifton
precincts of Millcreek township shall compose the first district.
Second District―The remaining portion of the county of Hamilton now
contained within the limits of the 12th, 13th, 14th, 15th, 16th, 17th, 19th, 20th,
21st, 22d, 23d, 24th, 25th, 28th, 29th and 30th wards of the city of Cincinnati,
as they are now constituted, and the townships of Springfield, Colerain,
Greene, Delhi, Storrs, Miami, Whitewater, Harrison and Crosby, and Elm-
wood, College Hill, Winton Place and Western precincts of Millcreek township
shall compose the second district.
Third District—The counties of Preble, Butler and Montgomery shall con-
stitute the third district.
Fourth District-The counties of Darke, Shelby, Mercer, Auglaize and Allen
shall compose the fourth district.
Fifth District-The counties of Williams, Defiance, Henry, Paulding, Put-
nam and Van Wert shall compose the fifth district.
Sixth District-The counties of Greene, Warren, Clinton, Highland, Brown
and Clermont shall compose the sixth district.
Seventh District-The counties of Miami, Clark, Madison, Fayette and Pick-
away shall compose the seventh district.
Eighth District—The counties of Hancock, Hardin, Logan, Champaign, Un-
ion and Delaware shall compose the eighth district.
Ninth District—The counties of Lucas, Ottawa, Wood and Fulton shall com-
pose the ninth district.
Tenth District-The counties of Pike, Jackson, Gallia, Lawrence, Adams and
Scioto shall compose the tenth district.
Eleventh District-The counties of Meigs, Athens, Vinton, Ross, Hocking and
Perry shall compose the eleventh district.
Twelfth District-The counties of Franklin and Fairfield shall compose the
twelfth district.
1696
$2980.
STATE, COUNTY, TOWNSHIP ELECTIONS. Tit. XIV,Ch.4.
Thirteenth District-The counties of Erie, Sandusky, Seneca, Crawford, Wy-
andot and Marion shall compose the thirteenth district.
Fourteenth District-The counties of Lorain, Huron, Ashland, Richland, Mor-
row and Knox shall compose the fourteenth district.
Fifteenth District-The counties of Washington, Morgan, Noble, Muskingum
and Guernsey shall compose the fifteenth district.
Sixteenth District-The counties of Carroll, Jefferson, Harrison, Belmont and
Monroe shall compose the sixteenth district.
Seventeenth District-The counties of Wayne, Holmes, Coshocton, Tuscara-
was and Licking shall compose the seventeenth district.
Eighteenth District-The counties of Stark, Columbiana and Mahoning shall
compose the eighteenth district.
Nineteenth District-The counties of Ashtabula, Trumbull, Geauga, Portage
and Summit shall compose the nineteenth district.
Twentieth District-The counties of Lake and Medina and that portion of
Cuyahoga county composed of the townships of East Cleveland, Bedford, Cha-
grin Falls, Euclid, Independence, Mayfield, Newburg, Orange, Solon, Warrens-
ville, Brecksville, Brooklyn, Dover, Middleburg, Olmsted, Parma, Rockport,
Royalton and Strongville, and wards 26th, 28th, 29th, 30th, 31st, 32d, 33d,
34th, 35th, 36th, 37th, 38th, 39th, 40th, 41st and 42d, as constituted January 1,
1896, in the city of Cleveland, shall compose the twentieth district.
Twenty-first District-The remaining portion of Cuyahoga county shall com-
pose the twenty-first district. [92 v. 38; 89 v. 189; 87 v. 53.]
SEC. 2980. [Opening returns and making abstract of votes.] In not
less than one nor more than five days after the election, or sooner, in case the
returns are made, the deputy state supervisors shall proceed to open the several
returns made to them and make abstracts of the votes in the following man-
ner, viz.:
1st. Upon a single sheet, an abstract of votes for governor, lieutenant-
governor, secretary of state, auditor of state, treasurer of state and attorney-
general.
2d. Upon another sheet, an abstract of votes for governor, lieutenant-gov-
ernor, secretary of state, auditor of state, treasurer of state, attorney-general,
state commissioner of common schools, member of the board of public works,
judge of the supreme court, clerk of the supreme court, dairy and food com-
missioner and representatives to congress.
3d. And upon another sheet, an abstract of votes for governor, lieutenant-
governor, secretary of state, treasurer of state, attorney-general, state commis-
sioner of common schools, member of the board of public works, judge of the
supreme court, clerk of the supreme court, dairy and food commissioner, judge
of the circuit court, judge of the common pleas court, representatives to con-
gress, senators and representatives to the general assembly, judge of the pro
bate court, clerk of the common pleas court, sheriff, county auditor, county
commissioner, county treasurer, county recorder, county surveyor, prosecuting
attorney, infirmary director and coroner. (§ 2980; 81 v. 168, § 447c.) [90 v.
279; re-enacted, 89 v. 427; repealed, 88 v.468; 82 v. 16, 30; Rev. Stat. 1880;
61 v. 68, §§ 20, 23; 50 v. 311, § 21; (S. & S. 332; S. & C. 536).]
Cited State v. Tanzey, 49 O. S. 656, 661.
When poll-books are substantially in compliance with law, the clerk and the justices called to his aid
are not authorized to reject the same on account of alleged fraud: Phelps v. Schroder, 26 O. S. 549.
The declaration of the clerk and justices, showing who were duly elected, ought to be certified in writ-
ing, and the certificate ought also to show the day on which the declaration was made. Taylor v. Wallace, 31
O. S. 151.
When the declaration of the clerk and justices is made and certified, they become functi officio: Inger-
son v. Berry, 14 O. S. 315.
In case the clerk with the justices called to his aid, refuse to include in the abstract certain returns, the
remedy is by appeal and contest, and not by writ of mandamus: Ib.
No inquiry can be had by instituting proceedings in quo warranto, but the statutory provisions govern-
ing contested elections must be resorted to: State v. Marlow, 15 O. S. 114.
Nor will an injunction lie to restrain such officers from counting certain returns because of illegality
and fraud; but the remedy above named must be pursued: Peck v. Weddell, 17 O. S. 271.
1697
Tit. XIV,Ch.4. STATE, COUNTY, TOWNSHIP ELECTIONS. $$2981-2983.
As to counting ballots for one person when some are printed H. L. Morey, and some Henry L. Morey:
State ex rel. v. Foster, 38 O. S. 599.
County commissioners have no power to pay justices of the peace, for services rendered by them in
making abstracts of election returns, out of county funds: State ex rel. Pugh v. County Commissioners (Cin.
Sup. Court, Gen. Term), 21 W. L. B. 228.
SEC. 2981. [What papers to be received as poll-books.] [Repealed, 90
v. 282; re-enacted, 89 v. 427; repealed, 88 v. 468; 61 v. 68, §§ 20, 23; 50 v. 311,
§ 21; S. & S. 332, 333; S. & C. 536.]
Under 22 of the act of April 30, 1868 (65 v. 260), which provides for an election of a superintendent of
the irreducible school fund, created and established for that part of Warren county which lies within the
Virginia military district, it is made the duty of the auditor of the county to open, count, and declare the
result of such election from returns signed, sealed, and delivered by the clerks of the several boards of
education: Held, that such auditor will not be compelled by mandamus to count returns delivered to him
unsealed, or sent to him by mail without any disclosure of contents, and opened by him previous to the day
specified: State ex rel. v. Charles W. Randall, Auditor, 35 O. S. 64.
The duties of the canvassers are merely ministerial, and they have no power to decide returns, or any
part of them, invalid, by reason of fraud at the election or in the returns thereof as made to the clerk; and
have no power to exclude such returns, or any part thereof, from the count for such reasons: Dalton, Clerk v.
State ex rel. Richardson, 43 O. S. 652. Johnson, J. dissented.
(2981-1) [Returns, canvassing and certificates if judge, legislator,
district or county officer is elected at April or special election; when two
or more counties joined in one circuit or district.] Whenever any judge of
any court of this state, representative of the general assembly, or other district
or county officer, is to be elected at any April or special election, the judges of
such election shall make return of the poll-books of such election to the deputy
state supervisors of their respective counties, and they shall, on the sixth day
or sooner in case the returns are all made, proceed to open such returns and
make an abstract of the votes cast for such officers, and make and deliver to
the person or persons elected certificates of their election. Provided, however,
if such officer is to be elected by two or more counties joined in the same cir-
cuit or district, then the deputy state supervisors of the county or counties
comprising such circuit or district, excepting the chief deputy state supervisor
of the county in such circuit or district having the largest population, shall,
within eight days after such election, transmit by mail to the deputy state su-
pervisors of the county in such circuit or district having the largest popula-
tion an abstract showing the number of votes given in each precinct in their
respective counties for each person who received votes for any office to be filled
by such circuit or district; such abstract shall be attested by the chief deputy
state supervisor and clerk of the board, and inclosed in an envelope, so in-
dorsed as to show distinctly that it is an abstract of votes, for what office or
offices, and from what county the same was transmitted; and such abstract
shall be canvassed by the deputy state supervisors to whom transmitted, who
shall incorporate the same in an abstract with returns from the precincts of
their county for such office or offices, and make and transmit to the person or
persons elected certificates of their election. [90 v. 281, § 4; 89 v. 208.]
SEC. 2982. [Provisions relating to poll-books; also as to abstracts
of votes and validity of returns.] The deputy state supervisors shall not
receive any paper as a poll-book of any precinct unless it be delivered to them
by one of the judges of the election held in such precinct; and, in making the
abstracts of votes, they shall not decide on the validity of the returns, but
shall be governed by the number of votes stated in the returns; and they shall
certify and sign the abstracts and deposit the same in the office of the deputy
state supervisors. [90 v. 279; re-enacted, 89 v. 427; repealed, 88 v. 468; 61 v.
68, §§ 20, 23; 50 v. 311, § 21; S. & S. 332, 323; S. & C. 536.]
SEC. 2983. [Making and transmission of certified copies of abstracts.]
The deputy state supervisors shall make and certify duplicate copies of abstract
number one, and inclose and seal the same, and indorse on the envelope “Cer-
tificate of the votes for governor, lieutenant-governor, secretary of state, audi-
tor of state, treasurer of state and attorney-general" (either or all as the case
may be), and the name of the county in which the votes were given; and shall
108
1698
SS 2984-2987. STATE, COUNTY, TOWNSHIP ELECTIONS. Tit.XIV,Ch.4.
direct and forward one copy thereof by mail to the president of the senate, at
Columbus, and shall deliver the other copy to a member of the general assem-
bly, who shall deliver the same to the president of the senate, at Columbus;
and shall also forthwith make, certify, seal and indorse, in manner aforesaid,
a copy of abstracts numbers two and three, and transmit the same by mail to
the secretary of state, at Columbus. [90 v. 280; re-enacted, 89 v. 428; repealed,
88 v. 468; 50 v. 311, § 31; S. & C. 538.]
SEC. 2984. [When president of senate to open and publish ab-
stracts.] The president of the senate shall, during the first week of the session
of the general assembly, open and publish the abstracts of votes by him
received, in conformity to the third section of the third article of the constitu-
tion of the state; but if the abstract from any county has not been received by
him, recourse shall be had to abstract number two or three, in the office of the
secretary of state. [50 v. 311, § 21; S. & C. 536.]
SEC. 2985. [If general assembly not in session who to open and can-
vass certain returns of election, and how.] If the General Assembly of the
State should not be in session on January, previous to the second Monday
thereof, next after an election for all or any of the executive officers of the state,
the governor and secretary of state shall, within five days thereafter, in the
office of the secretary of state, in the presence of at least two of the judges of the
supreme court, open the returns of abstract number two, made to the secretary
of state, for said offices; and if such returns have not been received from all
the counties, recourse shall be had, for such delinquent counties, to the returns
of the abstract number three; and they shall forthwith proceed to ascertain the
number of votes given for the different persons, for the several offices of governor,
lieutenant-governor, secretary of state, auditor of state, treasurer of state and
attorney-general, as the case may be; and the persons having the highest num-
ber of votes for any of said offices shall be considered duly elected, and shall be
so declared by the governor; but if it appear, from the returns of abstracts afore-
said, that two or more persons have the highest and an equal number of votes
for any of said offices, the governor shall communicate such fact to the general
assembly, by message, at its first session thereafter. [1885, February 4: 82 v. 52;
Rev. Stat. 1880; 50 v. 311, §27; (S. & C. 537).]
SEC. 2986. [When governor and secretary of state to canvass certain
returns.] Within ten days after the first day of December next after such
election, the governor and secretary of state shall, in the office of the secretary
of state, in the presence of the auditor of state and attorney-general, open the
returns of abstract number two, made to the secretary of state, for state com-
missioner of common schools, member of the board of public works, judge of
the supreme court, clerk of the supreme court, and representatives to congress
for each congressional district; and if it appear that returns have been received
from all the counties, agreeably to the provisions of this chapter, the governor
and secretary of state shall forthwith proceed to ascertain the number of votes
given for the different persons for such offices. [50 v. 311, § 24; S. & C. 537.]
When the governor and secretary of state, in canvassing the returns of votes from a congressional district,
aggregate the votes returned from one county for H. L. Morey with the votes returned from the other counties
for Henry L. Morey, treating the names as designating the same person, a mandamus will not be awarded
requiring the votes thus aggregated to be counted as given for different persons, in the absence of an aver-
ment that the votes were intended for different persons: State ex rel. v. Foster, 38 O. S. 599.
SEC. 2987. [When other returns may be used in the canvass.] If such
returns have not been received from all the counties, and returns of abstract
number three have been received by the secretary of state from the delinquent
counties, agreeably to the provisions of this chapter, the governor and secretary
of state shall be governed, so far as relates to such delinquent counties, by the
last mentioned abstracts; and the persons having the highest number of votes
for the respective offices named in section twenty-nine hundred and eighty-six shall
be considered duly elected; and the secretary of state may open the returns of
1699
Tit.XIV,Ch.4. STATE, COUNTY, TOWNSHIP ELECTIONS. §§ 2988-2992.
abstract number three as they are severally received by him. [50 v. 311, $25;
S. & C. 537.]
SEC. 2988. [Vacancy in office of representative to congress and mem-
bers of general assembly: how filled.] Whenever a vacancy happens in the
office of representative to congress, or senator or representative to the general
assembly, the governor shall, upon satisfactory information thereof, issue a writ
of election, directing that a special election be held to fill such vacancy, in the
territory entitled to fill the same, on a day which shall be specified in the writ;
such writ shall be directed to the sheriff or sheriffs within such territory, who
shall give notice of the time and places of holding such election, as in other
cases; and such election shall be held and conducted, and returns thereof made,
as in case of a regular election. [50 v. 311, § 28; S. & C. 538.]
SEC. 2989. [How returns shall be made to secretary of state.] In
any election for member of congress, to fill a vacancy, the deputy state super-
visors of each county embraced in the district in which the election is held
shall, within six days after the election, make, and certify an abstract, in du-
plicate, of the votes cast at such election in their county. Such deputy state
supervisors shall file one copy of the abstract in their office and shall inclose
the other in an envelope, so indorsed as to show distinctly that it is an abstract
of votes, for what office and from what county, and transmit it, without delay,
to the secretary of state; if the secretary of state fails to receive the abstract
from any county within twelve days after such election, he shall forth with
notify the deputy state supervisors of such county thereof; and they shall, on
receipt of the notice, forthwith make and transmit to the secretary of state a
certified copy of the duplicate on file in their office. [90 v. 280; re-enacted, 89
v. 428; repealed, 88 v. 468; 50 v. 311, §.29; S. & C. 538.]
Cited, State v. Tanzey, 49 O. S. 656, 661.
SEC. 2990. [Votes to be canvassed by secretary of state, etc.] The
secretary of state shall, on the twenty-first day after the holding of such
special election, or sooner, if all the returns have been received, in the presence
of the governor, or, in his absence, in the presence of the auditor and treasurer
of state, (who are required to attend forthwith at the office of the secretary of
state, on notice given by the secretary), open the abstracts, and canvass the
votes; and the person having the greatest number of votes shall be declared
duly elected, and the governor shall forthwith transmit to him by mail a cer-
tificate of his election. [50 v. 311, § 30; S. & C. 538.]
SEC. 2991. [Tie votes for congressmen to be decided by lot.] If it
appear from the returns of abstracts that two or more persons, in any congres-
sional district, have the highest and an equal number of votes for representa-
tive to congress, the governor and secretary of state shall decide by lot which
of said persons is duly elected; and the governor shall transmit to each person
so elected a certificate of his election, which certificate shall be signed by the
governor, sealed with the great seal of the state, and countersigned by the secre-
tary of state. [50 v. 311, § 26; S. & C. 537.]
SEC. 2992. [When abstracts to be re-canvassed, and other certificates
issued.] In cases where the returns of abstracts from all the counties compos-
ing a congressional district are not made within the time required by law, and
in cases where any of them are made after the certificate of election has been
forwarded to the person who, according to the abstracts received, has the high-
est number of votes, the secretary of state shall, in the presence of the gover-
nor, or, if he is absent, in the presence of the auditor and treasurer of state,
when such abstracts shall have been received, open the same, and the governor
shall certify them to the speaker of the house of representatives of the United
States. [50 v. 311, §50; S. & C. 542.]
1700
§ 2993.
STATE, COUNTY, TOWNSHIP ELECTIONS. Tit. XIV,Ch.4.
SEC. 2993. [Tie votes for county officers and members of general
assembly to be determined by lot.] If any number of persons greater than
the number of county offices directed to be filled at any election have the
highest and an equal number of votes, the deputy state supervisors aforesaid
shall determine by lot which of the persons shall be duly elected; and if,
at any election for senators or representatives to the general assembly, there is
no choice in any instance, on account of two or more persons having received
the highest and an equal number of votes, the deputy state supervisors issuing
the certificates of election shall publicly determine by lot who of those having
such equal number of votes shall be elected; such decision by lot shall be
made in their office aforesaid, at ten o'clock a. m. on the eighth day after the
election; and in such case the deputy state supervisors shall not be required
to forward the returns of the election until such decision by lot has been made.
[90 v. 281; 70 v. 52, § 1; (S. & C. 539).]
SEC. 2994. [Abstract of votes and certificates of election; how made
when two or more counties are joined in an election district.] When two
or more counties are joined in a judicial circuit, or in a judicial, senatorial or
representative district, the deputy state supervisors of each county of such cir-
cuit or district having a population not the largest shall make and, within
eight days after the day of election, transmit by mail to the deputy state su-
pervisors of the county in the circuit or district having the largest population
an abstract showing the number of votes given in each election precinct in
such county for each person who received votes for any office to be filled by
the circuit or district; such abstract shall be attested by the deputy state su-
pervisors and inclosed in an envelope so indorsed as to show distinctly that
it is an abstract of votes, for what offices, and from what county; and it shall
be opened and canvassed, as provided in section 2980, by the deputy state su-
pervisors to whom transmitted, who shall incorporate the same in an abstract
with the returns from the precincts of their county for such offices, and shall
make and transmit to the persons elected certificates of their election. (§ 2994;
81 v. 168, § 447c.) [90 v. 280; re-enacted 89 v. 428; repealed 88 v. 468; 82 v.
16, 30; Rev. Stat. 1880; 71 v. 112, § 1; (S. & C. 539).]
Cited State v. Tanzey, 49 O. S. 656, 661.
See note to Sawyer v. State ex rel., 45 O. S. 343, under 2 445a.
SEC. 2995. [Deputy state supervisors.] The deputy state supervisors
shall, without fee, make, and, upon demand, deliver to the persons elected re-
spectively to the offices of probate judge, clerk of the court of common pleas,
sheriff, coroner, county auditor, county commissioner, county treasurer, county
recorder, county surveyor, prosecuting attorney, infirmary director, and senator
and representative to the general assembly, certificates of their election; and
they shall also make, for any elector of his county, upon being paid one dollar
therefor, an abstract of votes cast at any election to fill any of said offices. [90
v. 281; 50 v. 311, § 37; S. & C. 539.]
SEC. 2996. [Where and how township elections to be held.] Elections
for township officers shall be held in the same precincts, and by the same
judges of election, as provided in this title for the election of state and county
officers; and returns of township elections shall be made by the judges thereof
in the several election precincts, to the proper township clerks, within one day
after the election. [69 v. 202, § 1.]
If a municipal corporation forms part of a township the outside territory may be
formed into assessor districts, ? 1718.
(2996-1) [Majority of those voting on a question submitted means
majority of all voters at the election.] In any and all cases where it is pro-
vided by statute that any question shall be submitted to the qualified voters
of any township, village, county or city in the state of Ohio, and the statute so
1701
Tit. XIV, Ch. 5.
CONTESTS OF ELECTIONS.
§ (2996-2).
providing is silent as to the number of votes necessary to authorize the per-
forming of the act voted upon, such statute shall be held to mean that a major-
ity of all the qualified voters voting at said election must vote in favor thereof
in order to authorize the same. [90 v. 130.]
The "majority of electors" required by a statute to authorize a measure means a majority of the votes
at the election and not merely a majority of those voting upon this subject: Enyart v. Hanover Twp., 25
O. S. 618.
But if the statute require a majority of votes to be affirmative this means of the votes on the question,
and ballots on which both Yes and No are printed, and neither are erased, can not be counted in determin-
ing what is a majority: Dexter & Raine, 18 Bull. 61 (affirmed by Supreme Court without report on, 18 Bull. 301).
An amendment to the constitution requires a majority of all votes cast for general assembly: State v.
Foraker, 46 O. S. 677.
(2996-2) [No special election for such question unless act so pro-
vides; proclamation.] Unless the act so providing for the submitting of any
question to the qualified voters of any township, county, village or city also
provides for the calling of a special election for that purpose, no special election
shall be so called, and the question so to be voted upon shall be submitted at a
regular election in such township, county, village or city, and notice that such
question is to be voted upon shall be embodied in the proclamation for such
election. [90 v. 130.]
SECTION
CHAPTER 5.
CONTESTS OF ELECTION.
2997. How appeal perfected in contest for county
office.
2998. Who may take the testimony.
2999. [Repealed.]
3000. Testimony heard in contests of election of
county officers to be certified to common
pleas court and there determined.
3004. Mode of procedure.
SECTION
3014-2. Testimony.
3014-3. Taking and filing of testimony; witnesses;
proceedings upon filing of petition by
contestor.
3014-7.
Hearing, etc., of contest; petitions in error;
judgment.
Bond for costs; adjudication of costs.
Limitation of time for filing petitions in
error; contest of election of circuit and
supreme court judges and state officers.
Who may contest; procedure.
3014-8. Notice; time for answer and reply.
3014-9. Extension of time; testimony.
3014-10. Taking and filing of testimony.
3014-11. Hearing, etc., of contest; judgment.
3014-12. Bond for costs; adjudication of costs.
Contest of election as to county seat.
Contestor's notice and undertaking.
3014-4.
3001. What is competent testimony, and how errors
may be cured.
3014-5.
3014-6.
3002. When the court shall hear the case, and how
costs adjudged.
3003. How appeal perfected in contest for member of
general assembly.
3005. [Repealed.]
3006. [Repealed.]
3007. [Repealed.]
3015.
3008. [Repealed.]
3016.
3009. Repealed.]
3017.
3010. [Repealed.
3011. [Repealed.
3018.
3012. [Repealed.)
3019.
3013.
Repealed.1
3020.
3014.
Repealed.]
3014-1. Contest of election of common pleas and
3021.
and superior court judges; procedure;
noiice; time for answer and reply.
3022.
Contestees; witnesses.
Publication of notice and appointment of
commissioner.
His duties.
When testimony to close.
Hearing in the court of common pleas; judg-
ment.
Continuances; costs.
COUNTY OFFICERS.
SEC. 2997. [How appeal perfected in contest for county office.] The
right of a person declared duly elected to any county office, or to the office of
probate judge, may be contested by any elector of the county, by appeal to the
court of common pleas of the county, when the contestor files notice of such
appeal with the clerk of such court, and gives notice thereof, in writing, to the
contestee, or leaves such notice at the house where he last resided, on or before
the thirtieth day after the day of election; and the notice shall state the grounds.
of contest, and the names of two justices of the peace before whom deposi-
tions will be taken, and the place, and a time, not less than ten nor more than
twenty days from the day of service thereof, where and when such justices
1702
S$ 2998-3001.
CONTESTS OF ELECTIONS.
Tit. XIV, Ch. 5.
will attend to take the same. [61 v. 68, § 1; 74 v. 13, §§ 4, 5; S. & S. 334; (S. & C.
539).]
The "appeal" in a contested election case must be perfected within the time limited by law, by filing
and serving the proper notice, and a failure so to do deprives the tribunal before whom it is to be tried of
jurisdiction: Ingerson v. Marlow, 14 O. S. 568; and the time within which the appeal may be taken, by a can-
didate or electors, counts from the date of the declaration of the clerk and justices: Taylor v. Wallace, 31
O. S. 151.
A notice of contest need not state facts sufficient to constitute a good case for the contestor: Howard v.
Shields, 16 O. S. 184; but the "points" upon which he relies must be stated with reasonable accuracy in the
notice, in order that the contestee may be apprised of the general nature of the objections relied on; and if
they do not comply with the requirements of the law, the remedy is by objecting to the evidence under them,
and not by motion to dismiss: Ïb.
If, taking the certificate and declaration of the clerk and the justices called to his aid, in connection
with the returns and the abstract, there is no ambiguity or uncertainty as to the date of the declaration, parol
evidence, in the absence of fraud, is inadmissible for the purpose of fixing the time for taking the appeal:
Taylor v. Wallace, supra.
The contestor must show in his notice of contest that he was a candidate or an elector at the election:
Edwards v. Knight, 8 O. 375.
In an election contest on an appeal, questions of law arising upon evidence brought on the record by a
bill of exceptions, are subject to review on error, without a motion for a new trial having been made and
overruled: Phelps v. Schroder, 26 O. S. 549.
When an election is contested under the statute, the public as well as the parties are concluded by the
decision: State v. Harmon, 31 O. S. 250.
An appeal does not lie from the decision of the court of common pleas to the district court in a pro
ceeding to contest an election for a county office: State ex rel. v. Commissioners of Belmont Co., 31 O. S. 451.
A contest, on appeal to the court of common pleas, and not mandamus, is the remedy for the correction
of all errors, frauds, and mistakes in the count: Ingerson v. Berry, 14 O. S. 316; State ex rel. v. Stewart, 26
O. S. 216.
Nor is quo warranto a proper remedy: State ex rel. v. Marlow, 15 O. S. 114.
SEC. 2998. [Who may take the testimony.] Such justices, or either of
them, or officers before whom depositions are taken in the case, are authorized
and required to issue subpoenas for all persons whose testimony may be
required by either party, and subpoenas duces tecum for the production of the
books, papers, ballots, or things relating to such election; and they may com-
pel the attendance of witnesses, and the production of everything named in the
subpoenas. [50 v.311, § 40; 74 v. 12, §2; S. & C. 540.]
See note to Ex parte Dalton, 44 O. S. 154, under 2 2999.
SEC. 2999. [Penalty for disobeying process of subpoena.] [Repealed,
90 v. 282; 74 v. 12, § 3.]
See ? (3014-3.)
As to the power of a legislative committee to compel a witness to appear before it: Ex parte Dalton, 44
O. S. 151.
SEC. 3000. [Testimony heard in contests of election of county offi-
cers to be certified to common pleas court and there determined.] The
justices shall not receive testimony upon any point not named in the notice;
and when met, they shall hear the testimony, and certify the same, including
a copy of the notice, which shall be delivered to them by the contestor for that
purpose, and the same shall be transmitted by them to the court of common
pleas of the county, not less than thirty days after the day fixed in the notice
to begin the taking of testimony; and the contest shall be heard and deter-
mined by the court, if then in session, and if not then in session, at the first
term thereof thereafter. [1887, March 5: 84 v. 44, 45; Rev. Stat. 1880; 50 v.
311, § 42; (S. & C. 540).]
SEC. 3001. [What is competent testimony, and how errors may be
cured.] On the trial either party may introduce oral testimony, or depositions
of witnesses taken as provided in civil actions; and whenever any omission,
defect, or error occurs in the proceedings of an officer, in declaring or certifying
that a person was duly elected to an office, the same may be corrected by oral
or other testimony offered at the hearing of any preliminary proceeding, or at
the trial. [74 v. 12, §§ 1, 2.]
Poll-books duly certified and returned, are prima facie evidence of the truth of their contents; but this
presumption will be rebutted by proof that they are fraudulent and fictitious to such an extent as to render
them wholly unreliable: Phelps v. Schroder, 26 O. S. 549.
When poll-books are impeached, the burden of proving legal votes otherwise is thrown upon the party
claiming them: Ib.
1703
+
Tit. XIV, Ch. 5.
CONTESTS OF ELECTIONS.
§§ 3002-3005.
The original tally-sheets of an election, duly authenticated, are prima facie evidence of the election of
the person for whom they show a majority of the ballots cast to have been given; and no tally-sheet made
after the dissolution of a board will impeach the original: State v. Donenwirth, 21 O. S. 216.
In the trial of a contested election for a county office, before a court of common pleas, the general rule
of evidence which requires the best evidence of which the case is susceptible to be produced, applies in
respect to the contents of poll-books, tally-sheets, and the number and contents of ballots cast at such
election, if the same are attainable: Sinks v. Reese, 19 O. S. 307.
Where the contestee, in a contest between opposing candidates, is adjudged not to have been legally
elected, for the reason that the majority of the legal votes rejected, which the contestor would have received,
was greater than the majority of the votes declared for the contestee, the contestor will not be adjudged
elected. In such case neither party is legally elected: Renner v. Bennett, 21 O. S. 431.
A judgment of the court of common pleas, in the case of a contested election, is not vacated, nor its
force suspended, by the filing of a petition in error in the district court to reverse such judgment, and an
order of a judge of the same, suspending the execution thereof, and a supersedeas: State v. Marion Co., 14
O. S. 515; nor will a peremptory mandamus be awarded against the county commissioners, to compel them
to accept the official bond of a county officer on behalf of a relator, who, on the hearing of a contest before the
court of common pleas, was found not to have been elected, or entitled to such office, while such finding
remains not reversed or set aside; Ib.
The finding and judgment of a court of common pleas, in a case involving a contested election, are sub-
ject to review, on error, in the district and supreme courts, and this is the case, if no motion for a new trial
has been interposed and overruled: Lehman v. McBride, 15 0. S, 573; Phelps v. Schroder. 26 O. S. 549.
As to the power of a legislative committee to compel a witness to appear before it: Ex parte Dalton, 44
O. S. 154.
Ballots are evidence: Powers v. Reed, 19 O. S. 189.
SEC. 3002. [When the court shall hear the case, and how costs
adjudged.] Upon motion of either party, the court shall at once take up and
determine any pending matter relating to the contest; otherwise the case shall
be heard in the regular order of the docket; and the court shall render judg-
ment against the party failing in the case for all the costs of the contest,
including the costs of all depositions. [65 v. 13, §1; 74 v. 12, § 4; S. & S. 344.]
MEMBERS OF GENERAL ASSEMBLY.
SEC. 3003. [How appeal perfected in contest for member of general
assembly.] The right of a person declared duly elected to the office of senator
or representative in the general assembly may be contested by any elector of
the district or county, by appeal to that branch of the general assembly to
which such person is declared elected; and such elector shall serve the like
notice, in the manner and within the time, prescribed in section two thousand
nine hundred and ninety-seven. [50 v. 311, § 42; S. & C. 540.]
See notes to decisions under 2 2997.
See, also, Dalton v. State ex rel., 43 0. S. 652.
See note to Ex parte Dalton, 44 O. S. 154, under 2 2999.
SEC. 3004. [Mode of procedure.] The provisions of sections two
thousand nine hundred and ninety-eight, two thousand nine hundred and ninety-nine,
three thousand, and three thousand and one, shall apply to such contest, except
that all testimony taken, and all matters relating to the contest, shall be sent
to that branch of the general assembly to which the contestee was declared
elected, and be filed with the clerk thereof on or before the tenth day of the
first session of the general assembly after the election. [74 v. 12, §§ 1, 2, 3,
4, 5.1
See note to Ex parte Dalton, 44 O. S. 154, under 2999.
STATE OFFICERS AND JUDGES.
SEC. 3005. [Notice of contest of a state or judicial office.] (§ 3005,
81 v. 168, § 3005a.) [Repealed, 89 v. 365; 82 v. 16, 31; Rev. Stat. 1880, 50 v.
311, § 43; (S. & C. 540).]
The act of 1884, April 14 (81 v. 168), created a supplemental section to 2 3005, with sectional numbering
3005a. The substance of 2 3005a was incorporated in 33005, and 2 3005a was repealed 1885, February 7 (82 v. 16, 40).
The authority conferred on the senate to try contested elections is not the exercise of judicial power
within the meaning of 1, Art. IV, of the Constitution: State v. Harmon, 31 0. S. 250.
Neither is the right to contest an election before the senate limited to the first regular session of the
general assembly after the election. The contest may be instituted without reference to the fact whether the
session is regular, or is in pursuance of a call of the governor, or an adjournment: Ib.
1704
§ 3006.
CONTESTS OF ELECTIONS.
Tit. XIV, Ch. 5.
SEC. 3006. [Mode of procedure.] Repealed, 89 v. 365; 50 v. 311, § 45;
S. & C. 541.]
SEC. 3007.
pealed, 89 v. 365;
[Senate to fix time, and give notice to contestee.] [Re-
50 v. 311, § 44; S. & C. 541.]
SEC. 3008. [Senate may compel attendance of witnesses and the
production of papers.] [Repealed, 89 v. 365; 71 v. 11, § 1.]
SEC. 3009. [Subpoena: form, and how served and returned.] [Re-
pealed, 89 v. 365; 71 v. 11, § 2.]
SEC. 3010. [Fees of witnesses to be paid in advance.] [Repealed, 89 v.
365; 71 v. 11, § 3.)
SEC. 3011. [Witnesses to be sworn by the presiding officer of the
senate.] [Repealed, 89 v. 365; 71 v. 11, § 4.]
SEC. 3012. [When and how witnesses may be punished for contempt.]
[Repealed, 89 v. 365; 71 v. 11, § 5.]
SEC. 3013. [Power of the senate in the conduct of the trial.] [Repealed,
89 v. 365; 71 v. 12, § 6.]
SEC. 3014. [Procedure on the trial.] [Repealed, 89 v. 365; 50 v. 311,
§ 46; S. & C. 541.]
(3014-1) SEC. 1. [Contest of election of common pleas and superior
court judges; procedure; notice; time for answer and reply.] The circuit.
court shall have exclusive original jurisdiction of the contest of elections of
all common pleas and superior court judges, and the contest shall be had in
the county in which the contestee resides. Any elector of the city, county or
subdivision may contest the election of any judge of the court of common
pleas, or the superior court, by taking an appeal from the finding and decision
of the canvassing board which finds and declares the result of the election of
such judges, to the circuit court of the county in which the contestee resides.
Such appeal shall be taken and filed in the circuit court within ten days from
the declaration of the result by the canvassing board, and such appeal shall be
in the form of a petition addressed to the court, in which shall be set forth in
brief and plain terms that such appeal is taken, by whom, and upon what
grounds the election is contested. Notice of such appeal, together with a copy
of the petition, shall be served upon the contestee in the same manner that
summons in a civil action may be served, within five days from the time of
filing such appeal. The contestee shall have fourteen days from the time serv-
ice has been made upon him to file his answer, and the contestor shall have
five days thereafter to reply. The contest shall be confined to the matters al-
leged in the pleadings. [89 v. 363.]
(3014-2) SEc. 2. [Testimony.] In such contest testimony may be taken
by either contestor or contestee as in civil actions, at any time after service has
been made upon the contestee. Any notary public is hereby authorized to
take such testimony in any county in Ohio without reference to the county in
which he resides, and if he takes such testimony in short-hand, the signatures
of the witnesses shall not be necessary to depositions so taken; provided, that
such depositions have been read over to the witness, and approved, and such.
fact is certified by the notary. [89 v. 363.]
(3014-3) SEC. 3. [Taking and filing of testimony; witnesses; pro-
ceedings upon filing of petition by contestor.] The contestor shall take
and file all his testimony, by deposition, within twenty days from the time
that his reply to the answer should be filed, unless upon notice to the contestee
further time be given by the circuit court or some judge thereof. The con-
1705
Tit. XIV, Ch. 5.
CONTESTS OF ELECTIONS.
§ (3014-4).
testee shall take and file all his testimony, by deposition, within twenty days
from the expiration of the contestor's time, unless upon notice to the contestor,
further time is granted by the court or some judge thereof. Witnesses within
the county may be compelled to attend and be examined orally in open court,
and any witness not a resident of the county, voluntarily appearing, may in
like manner be examined in open court. So soon as the contestor has filed his
petition, the clerk shall notify the presiding judge thereof, and the judges
shall, if necessary, provide for a special term in such county to hear and deter-
mine such contest in a summary manner, and, if practicable, before the term
of the office in question shall begin, and cause the clerk to notify the parties
of any order of the court in that behalf. [89 v. 363.]
(3014-4) SEC. 4.
4) SEC. 4. [Hearing, etc., of contests; petitions in error;
judgment.] The court shall hear and determine the contest, without the inter-
vention of a jury, and in the conduct of a case exceptions may be taken by
either party as in civil actions, and the supreme court is hereby empowered
and required in a summary manner to hear and determine any and all errors
alleged by either party, to be presented by petition in error as in civil actions.
The circuit and supreme court shall have power to render such judgments
and make such orders as the law and the facts may warrant, including
judgments of ouster and induction, and the judgment of the supreme court
shall be decisive of the contest. [89 v. 364.]
(3014-5) SEC. 5. [Bond for costs; adjudication of costs.] If the
contesting elector be not a claimant of the office, he shall, at the time of filing
his appeal, also file a bond with surety, to be approved by the clerk, con-
ditioned that he will pay any and all costs that may be finally adjudged
against him therein. Upon the final hearing, the court shall adjudge the costs
of the case as to it shall seem just and equitable, and in such adjudication it may
find what part, if any thereof, should be paid out of the state treasury. [89
v. 364.]
(3014-6) SEC. 6. [Limitation of time for filing petitions in error;
contest of election of circuit and supreme court judges and state officers.]
After the expiration of twenty days from the rendition of the final judgment of
the circuit court, neither party shall have the right to file petitions in error in
the supreme court for review of the circuit court. The supreme court shall
have exclusive jurisdiction of the contest of elections of all circuit court judges,
supreme court judges, and of all state officers. If the contestee is a member
of the supreme court, he shall not sit in the determination of his contest, nor
in the making of any order preliminary or incident thereto, nor shall he sit
in the determination of the contest, nor upon any question preliminary or
incident thereto of the election of any candidate voted for at the same election
in which he was a candidate for the office of judge of the supreme court which
is being contested, if his election is also contested. [89 v. 364.]
(3014-7) SEC. 7. [Who may contest; procedure.] Any elector
having a right to vote for any candidate for judge of the circuit court or judge
of the supreme court, or state officer, by taking an appeal from the finding and
decision of the canvassing board which finds and declares the result of the
election of such judges and state officers to the supreme court of the state,
may contest the election of such judges and state officers. Such appeal shall
be taken and filed in the supreme court within ten days from the declaration
of the result of the election by the proper canvassing board, and such appeal
shall be in the form of a relation addressed to the court, in which shall be set
forth in brief and plain terms that such appeal is taken, by whom, and upon
what grounds the election is contested. [89 v. 364.]
(3014-8) SEC. 8. [Notice; time for answer and reply.] Notice of
such appeal, together with the copy of the relation, shall be served upon the
1706
(3014-9).
CONTESTS OF ELECTIONS.
Tit. XIV, Ch. 5.
contestee in the same manner as a summons in a civil action, within five days
from the time of filing such appeal. The contestee shall have in which to
answer the relation, fourteen days from the time service has been made upon
him, and the contestor shall have seven days thereafter in which to reply to
the answer of the contestee. [89 v. 364.]
(3014-9) SEC. 9. [Extension time; testimony.] The court, or any
judge thereof, upon notice to the opposite party, may, for good reason, extend
the time for either answer or reply. In such contest, testimony may be taken
by either party as in civil actions, at any time after copy of relation has been
served upon the contestee. Any notary public is authorized to take such testi-
mony in any county in the state without reference to the county in which he
resides, and if such testimony is taken in short-hand, the signature of the wit-
nesses shall be necessary to depositions so taken; provided, that such deposi-
tions have been read over to the witness and approved, and facts are certified
by the notary. [89 v. 365.]
(3014-10) SEC. 10. [Taking and filing of testimony.] All testimony
in contest of election in the supreme court shall be in the form of depositions,
and the contestor shall take and file all his testimony within thirty days from
the time his reply should be filed, unless upon notice to the contestee, further
time is given by the court or a judge thereof. The contestee shall file all his
testimony within thirty days from the expiration of the contestor's time, un-
less upon notice to contestor, further time is granted by the court or a judge
thereof. [89 v. 365.]
The
(3014-11) SEC. 11. [Hearing, etc., of contest; judgment.]
court shall hear and determine such contest in a summary manner, and if
practicable, before the term of office in question shall begin, and to that
end make any and all proper orders as to time and manner of procedure. It
shall have full power to render such judgments, and make such orders as the
laws and the facts may warrant, including judgments of ouster and induction.
[89 v. 365.]
(3014-12) SEC. 12. [Bond for costs; adjudication of costs.] If the
contesting elector be not the claimant of the office, he shall, at the time of
filing his appeal, file a bond with surety, to be approved by the clerk, con-
ditioned that he will pay any and all costs that may be adjudged against him
therein. Upon final hearing the court shall adjudge the costs of the case, as
it shall seem just and equitable, and in such adjudication it may find what
part, if any thereof, should be paid out of the state treasury. [89 v. 365.]
NOTE.-For prior acts see 82 v. 16, 31; 50 v. 311, ?? 43, 44 and 45; 71 v. 11, ?? 1, 2, 4, 5,
6; 50 v. 311, ? 4b.
COUNTY SEAT.
SEC. 3015. [Contest of election as to county seat.] Any elector of a
county in which a law for removing the county seat of such county has been
submitted to the electors thereof for adoption, shall have the right to contest
the validity of the vote given at the election in that behalf, upon the question
of the adoption of such law. [54 v. 229, § 1; S. & C. 1389.]
SEC. 3016. [Contestor's notice and undertaking.] The elector so con-
testing shall, within twenty days after the day on which the election at which
the question was submitted was held, file in the office of the probate judge of
the county, notice of his intention to contest the validity of the vote, and shall,
within the same time, file in said office an undertaking to the state, to be
approved by the probate judge, or, in case of his absence, disability, or refusal to
act, by the clerk of the court of common pleas of the county, conditioned for
the payment of all costs that accrue upon the contest, in the event that the
1
1707
Tit. XIV, Ch. 5.
CONTESTS OF ELECTIONS.
§§ 3017-3019.
result of the vote upon the question, as the same has been certified or returned,
or otherwise made known, be not invalidated by and upon such contest; and
it shall be competent for any other elector or electors of the county, under any
such notice filed as aforesaid, to file in said office, within the time aforesaid, a
like undertaking, to be in like manner approved, and to proceed with such con-
test, under such notice, in accordance with the provisions of this chapter, in
the event that the party filing the notice fails to prosecute the contest at any
stage of the same. [54 v. 229, §2; S. & C. 1389.]
SEC. 3017. [Publication of notice and appointment of commissioner.]
The probate judge or clerk, upon the filing in his office of such notice or under-
taking, shall publish, in some newspaper of general circulation in the county,
the fact of the filing of the notice and undertaking, and shall, without delay,
forward to the governor duly certified copies of such notice and undertaking or
undertakings; the governor, on the receipt of such copies, shall, without delay,
appoint some competent disinterested person to serve as commissioner, and per-
form the duties herein prescribed, in the matter of such contest; and in case of
the death or disability of the commissioner, the governor may fill the vacancy.
[54 v. 229, §3; S. & Č. 1389.]
SEC. 3018. [His duties.] The commissioner so appointed by the gov-
ernor shall be sworn truly and faithfully to discharge the duties required of
him; he shall, within ten days after being notified of his appointment, go to
the office of the probate judge of the county, and, having notified the contestors,
verbally or otherwise, of his presence, proceed, at said office, and at such other
places in the county as he, in the further discharge of his duties, finds to be
convenient, and conducive to the ends of justice, to examine all such witnesses
as are produced or brought before him, and take their testimony in writing,
touching the validity of the votes cast at such election upon the question of
the adoption of the law, and touching the validity of the result of the election
upon the question; he may cause to be taken, or may personally take, in writ-
ing, as aforesaid, the depositions of persons, such as he deems to be material in
the determination of the contest, at any place out of the county, in such man-
ner and before such authority as he prescribes, and for these purposes he is
vested with full and competent power and authority to administer oaths to wit-
nesses, and issue process of subpoena and attachments to compel the attendance
of witnesses, and to inflict punishment for contempt thereof, as may be done by
officers authorized to take depositions in civil actions; in executing his duties,
the commissioner shall hold open sessions; the commissioner is further vested
with full power to preserve order whilst in the execution of his commission,
and to punish for contempts in the same manner as courts of justice are by law
authorized to do whilst in session; and he may command the services of the
sheriff and other ministerial officers of the county, and employ the assistance
of such clerks as are necessary to reduce to writing the evidence taken under
his supervision. [54 v. 229, §4; S. & C. 1389.]
SEC. 3019. [When testimony to close.] The commissioner shall close
his duties in taking testimony within forty days after he reaches the office of
the probate judge as herein provided; the evidence taken before him or by his!
direction, as herein provided, shall be properly certified by him, and sealed up
and filed in the office of the clerk of the court of common pleas of the county,
properly indorsed by the commissioner, indicating that the package contains
the evidence taken upon the contest; upon being so filed, the clerk of the court
shall enter the case upon the appearance and trial dockets of said court, in its
proper order with other cases; and the court of common pleas, or the judge
thereof, for the sub-district in which the county is situate, at the next regular
term of the court, or at any earlier time, shall cause such package to be opened,
preserved, and kept in such office, unless otherwise ordered by the court or
1708
§§ 3020-3022.
CONTESTS OF ELECTIONS.
Tit. XIV, Ch. 5.
judge, for the use and inspection of the parties to the contest, and their counsel.
[54 v. 229, §5; S. & C. 1390.]
SEC. 3020. [Hearing in the court of common pleas; judgment.] At
the next term of said court, or any earlier day, if so ordered by the judge, the
matter of said contest shall be brought to a final hearing before the court or
judge, upon the law applicable to the case, and the evidence taken and filed as
aforesaid, no part of which shall be rejected or overruled by reason of any mere
technical objection to its form or the manner of taking or certifying the same;
if, upon the hearing of the matter, the court or judge hearing the same find
that illegal votes were cast at the election upon the question submitted, the
reason whereof, or for any other reason to be found by the court or judge, the
result of the election, or vote, as the same has been returned or certified, is
contrary to what it would have been, but for such illegal votes or other reason
so to be found, the court or judge shall enter and certify the same accordingly
on the records of the court; if the court or judge, upon such hearing, find that
the result of the election or vote would not, by reason of illegal votes or any
other sufficient cause affecting its legality, have been contrary to the return
thereof as certified, the court or judge shall certify and enter the same of record
accordingly; and if, upon such finding by the court or judge, it appears that a
majority of all the electors voting at the election voted in favor of adopting the
law, then, and not otherwise, the law shall be taken and held to be adopted.
[54 v. 229, §6; S. & C. 1390.]
SEC. 3021. [Continuance; costs.] It shall be competent for the court
or judge for sufficient cause, to continue the hearing of the contest, from time
to time, until the same can be finally disposed of; and if the result of the elec-
tion or vote drawn in question by the contest, is not changed by the final order
or certificate of the court or judge, to be made as aforesaid, the costs and
expenses of the contest, which shall be taxed by the clerk, subject to the order
of the court, shall be adjudged against the contestors; but if the result be changed
by said final order or certificate, the costs and expenses shall be paid out of the
treasury of the county, out of any money not otherwise appropriated; and
there shall be allowed to the commissioner for his services, to be taxed as costs,
the sum of five dollars per day, for such time as he has been employed, and to
all clerks employed to reduce the testimony to writing two dollars per day each.
[54 v. 229, §7; S. & C. 1391.]
SEC. 3022. [Contestees; witnesses.] Any citizen of the county may
appear as contestee in such case, and the commissioner shall cause subpoenas to
be issued for all such witnesses as are requested by a party to the contest.
[54 v. 229, §8; S. & C. 1391.]
1709
Tit. XIV, Ch. 6.
CORRUPT PRACTICES ACT.
§ (3022—1).
CHAPTER 6.
CORRUPT PRACTICES ACT.
3022-4. Statements of candidate for election; affi-
davit.
3022-5. Penalty for failure to file statements; recovV-
ery and disposition.
SECTION
3022-1. Amount allowed candidate; excess invali-
dates his election.
3022-2. Ascertainment of number of voters.
3022-3. Statements of candidate for nomination;
affidavit.
SECTION
3022-12. Incriminatory testimony.
3022-13. Contest of election to membership in gen-
eral assembly.
3022-14. Political committee defined.
Appointment, etc., of treasurer of commit-
tee; unlawful collections, receipts, etc.
Treasurer's account; individual's account.
Statement to treasurer.
3022-15.
3022-16.
3022-17.
3022-18.
3022-6. Certain requirements to be fulfilled before
certificate of election is issued.
3022-19.
Treasurer's and individual's account.
Restrictions.
3022-20.
3022-7. Application setting forth charges against
public officer; bond.
Receipt, etc., of statements and accounts;
evidence.
3022-21.
3022-8. Action against officer.
Penalty for failure to file statement; dispo-
sition of fine.
3022-9. Action at applicant's expense; additional
bond.
3022-22.
Penalty for failure to keep correct accounts,
etc.
3022-10. Action to have preference on docket.
3022-11. Judgment; vacancy.
3022-23.
Penalty for offenses in connection with
naturalization.
SEC. 1.
(3022-1) SEC. 1.
[Amount allowed candidate; excess invalidates
his election.] No candidate for representative in the congress of the United
States, or for any public office created by the constitution or laws of this state.
to be filled by popular election, shall, by himself or by or through any agent
or agents, committee or organization, or person or persons whatsoever, in the
aggregate, pay out, give, contribute, or expend, or offer or agree to pay, give,
contribute, or expend, any money or other valuable thing in order to secure or
aid in securing his nomination or election; or both such nomination and elec-
tion, or to secure or aid in securing to defeat or aid in defeating the nomination
or election, or both the nomination and election, of any other person or per-
sons to any office to be voted for on the day of the same election; or in support
of or opposition to any measure or proposition submitted to popular vote upon
the day of the same election, in excess of a sum to be determined upon the
following basis, namely: For five thousand voters or less, $100.00; for each
one hundred voters over five thousand and under twenty-five thousand, $1.50;
for each one hundred voters over twenty-five thousand and under fifty thou-
sand, $1.00; and nothing additional for voters over fifty thousand. Any pay-
ment, contribution, or expenditure, or agreement or offer to pay, contribute or
expend any money or thing of value, in excess of the limit prescribed by this
act, for any or all such objects and purposes, is hereby declared to be unlawful,
and to make void the election of the person making it. But this section shall
not apply in cases where such nomination of such candidate, or of any rival
candidate for the same office, shall have been made prior to the taking effect of
this act. [92 v. 123.]
This act is valid: Mason v. State ex rel., 58 O. S. 30.
A right to a trial by jury does not exist in an action under this law: Id.
It makes no difference whether the candidate pays the illegal amount out of his own pocket or it is paid
for him by his friends and agents, the election is void in either case. The candidate can make the party com-
mittee his agents; this is a question of fact; they would not, however, be his agents if he merely paid his as-
sessment and had nothing further to do with the campaign: State v. Good, 15 Č. C. 386.
(3022-2) SEC. 2. [Ascertainment of number of voters.] The num-
ber of voters shall be taken as equal to the total number of votes cast, for all
the candidates for the office for which he is a candidate, at the last preceding
election held to fill the same; and if at such last preceding election there shall
have been more than one like office to be filled, so that it can not be deter-
1710
§ (3022-3).
CORRUPT PRACTICES ACT.
Tit. XIV, Ch. 6.
mined who were the candidates for that particular office, then the number of
voters shall be ascertained by adding together all the votes cast for all the can-
didates for such offices and dividing the sum by the number of such offices.
Should no election to fill the office for which such person is a candidate have
been previously held, the number of vote[r]s shall be ascertained by the total
number of votes cast within the constituent territory at the last preceding
election for state officers for all the candidates for the state office for which at
such last preceding election the largest aggregate vote was cast within the state;
and should it be impracticable on account of change of boundaries to deter-
mine from returns of such last preceding election the exact number of votes so
cast within such territory, the board, officer or officers whose duty it may be to
receive and canvass the returns of the election at which such person is or seeks
to be a candidate shall determine the number according to their best judgment
upon request of any elector, and the number so determined shall be taken to
be the true number. [92 v. 123,]
(3022-3) SEC. 3. [Statements of candidate for nomination; affida-
vit. Every person who shall be a candidate before any caucus or convention,
or at any primary election, for nomination for any office which under the con-
stitution or laws of this state is to be filled by popular election, or for the office
of representative in the congress of the United States, shall within ten days.
after the holding of such caucus, convention or primary election make out a
statement in writing and file the same with the clerk of the county in which
he resides, and make out and file a duplicate thereof with the board, officer or
officers, if any, empowered by law to issue the certificate of election to such
office. Such statement shall set forth in detail each and all sums of money
and other things of value contributed, disbursed, expended or promised by
him, and (to the best of his knowledge and belief) by any other person or per-
sons with his procurement in his behalf, wholly or in part in endeavoring to
secure or in any way in connection with his nomination to such office or place,
or in endeavoring to secure or defeat or in any way in connection with the
nomination of any other [person] or persons at such caucus, convention or pri-
mary election and showing the dates when and the persons by whom and to
whom, and the purposes for which each such contribution, payment, expendi-
ture or promise was made, and such candidate shall subscribe and swear to such
statement and such duplicate before an officer authorized to administer oaths.
The form of such affidavit to be appended to each such statement, and to each
duplicate statement and signed by the candidate, shall be in substance, as
follows:
"
I, .
do solemnly swear (or affirm) that the foregoing state-
ment is a true and full account of each and all sums of money and other things
of value directly or indirectly contributed, disbursed, expended or promised
by me, and (to the best of my knowledge and belief) by any and all other per-
sons with my procurement in my behalf, wholly or in part in endeavoring to
sccure, or in any way in connection with, my nomination to the office or place
of .
or in endeavoring to secure or defeat or in any way in con-
nection with the nomination of any other person or persons at the caucus,
convention or primary election before which I was a candidate for nomination
to the office or place aforesaid; and that it is a true and full statement of the
dates when, and the person or persons to whom, and the purposes for which,
each such contribution, payment, expenditure, or promise, was made, and the
person or persons by whom made when not made directly by myself.
(Signature of candidate.)
[92 v. 123.]
(3022-4) SEC. 4. [Statements of candidate for election; affidavit.]
Every person who shall be a candidate at any election for any public office
1711
Tit. XIV, Ch. 6.
CORRUPT PRACTICES ACT.
§ (3022-5).
which under the constitution or laws of this state is to be filled by popular
election, or for the office of representative in the congress of the United States,
shall within ten days after the election held to fill such office, make out a state-
ment in writing and file the same with the clerk of the county in which he re-
sides and make out and file a duplicate thereof with the board, officer or offi-
cers, if any, empowered by law to issue the certificate of election to such office
or place. Such statement shall set forth in detail each and all sums of money
and other things of value contributed, disbursed, expended or promised by
him, and (to the best of his knowledge and belief) by any other person or per-
sons by his procurement, in his behalf, wholly or in part in endeavoring to se-
cure or in any way in connection with his election to such office or place, or in
endeavoring to secure or defeat or in any way in connection with the election
of any other person or persons to any office to be voted for on the same day of
election or in support of or opposition to any measure or proposition submit-
ted to popular vote upon the same day of election, and showing the dates when,
the persons by and to whom and the purposes for which each such contribu-
tion, payment, expenditure or promise was made. Such candidate shall sub-
scribe and swear to such statement and such duplicate before an officer author-
ized by law to administer oaths. The form of such affidavit to be appended to
each statement and to each duplicate statement and signed by the candidate
shall be in substance as follows:
•
I, .
.,do solemnly swear (or affirm) that the foregoing state-
ment is a true and full account of each and all sums of money and other things
of value directly or indirectly contributed, disbursed, expended or promised
by me, and (to the best of my knowledge and belief) by any and all other per-
sons with my procurement in my behalf, wholly or in part in endeavoring to
secure, or in any way in connection with, my election to the office or place of
or in endeavoring to secure or defeat or in any way in con-
nection with the election of any other person or persons to any office to be
voted for on the same day of election, or in support of or opposition to any
measure or proposition submitted to popular vote upon the same day of elec-
tion; and that it is a true and full statement of the dates when, and the per-
son or persons to whom, and the purpose for which, each such contribution,
payment, expenditure, or promise, was made, and the person or persons by
whom made when not made directly by myself.
[92 v. 123.]
(Signature of candidate.)
(3022-5) SEC. 5. [Penalty for failure to file statements; recovery
and disposition.] Any person failing to comply with the provisions of the
third section or of the fourth section [SS(3022-3) (-4)] of this act, shall be
liable to a fine not exceeding one thousand dollars, to be recovered with costs,
in an action brought in the name of the state by the attorney-general or by the
prosecuting attorney of the county of the candidate's residence, the amount of
said fine to be fixed within such limit by the jury, and to be paid into the
school fund of said county. [92 v. 123.]
(3022-6) SEC. 6. [Certain requirements to be fulfilled before certifi
cate of election is issued.] No board, officer or officers authorized by law to issue
commissions or certificates of election shall issue a commission or certificate of
election to any person required by the third or fourth section [SS(3022-3), (-4)]
hereof to file a statement or statements until such statement or statements shall
have been so made, verified and filed by such person with such board, officer, or
officers. No person required by the foregoing sections of this act to file a state-
ment or statements shall enter upon the duties of any office to which he may
be elected until he shall have filed all statements and duplicates provided for
by the foregoing sections of this act, nor shall he receive any salary or emolu-
ment for any period prior to the filing of the same. [92 v. 123.]
1712
$ (3022-7).
CORRUPT PRACTICES ACT.
Tit. XIV, Ch. 6.
(3022-7) SEC. 7. [Application setting forth charges against public
officer; bond.] At any time during the term of office of any occupant of an
office created by the constitution or laws of this state to be filled by popular
election and hereafter filled by such election, pursuant to the constitution or
laws of this state (other than the office of member of either house of the general
assembly or of the congress of the United States), any elector entitled to vote
at such election may present an application in writing, verified by his affida-
vit, to the attorney-general, setting forth one or more of the following charges
against such public officer, to wit: That such officer in seeking nomination or
election, or both, to such office violated one or more of the provisions of the
foregoing sections of this act by expending, contributing or promising or offer-
ing an amount in excess of the sum allowed by this act; or that such officer
wilfully stated an untruth in some one or more of the statements and dupli-
cates and affidavits made and filed by him pursuant to this act after such nomi-
nation or election; or that any other act or acts declared unlawful or made
punishable by any law of this state were committed by such officer, or by his
agent or agents, or with his or their consent or connivance by some commit-
tee, or organization, or political party of which party he was the nominee, or
the agent or agents of any such committee, organization or party, with intent
to secure or promote his nomination or election; and further setting forth that
the applicant desires said attorney-general to bring an action to have such
public office declared vacant on account of such violation or violations of law,
and such application shall be accompanied by a bond in favor of the state of
Ohio in the penal sum of one thousand dollars, subscribed by two sureties,
who shall justify as freeholders of the state and in double the amount of such
penalty exclusive of all their debts and liabilities and property exempt by law
from levy and sale on execution, such bond to be conditioned for the payment
of all the taxable costs for which the state, such applicant, or such occupant of
such office may become liable on account of such action, if none of such
charges shall be sustained therein. [92 v. 123.]
Only those have authority to present the application to the attorney general, to institute proceedings
against an officer, who were entitled to vote at the election when the officer to be affected, was elected: State
ex rel. v. McFillan, 14 C. C. 407; 7 O. D. 586.
(3022-8) SEC. 8. [Action against officer.] It shall be the duty of the
attorney-general within ten days after the receipt of such application and bond,
to begin an action against such public officer, or to instruct the prosecuting
attorney of the county in which such public officer resides, to bring such action
within ten days after such instruction, to have said office declared vacant, and
for such other and further relief as may be appropriate in an action against the
usurper of any office. Such action shall be deemed to be, and shall be, con-
ducted according to the rules prescribed by law for an action against the
usurper of an office, and it shall be the duty of any prosecuting attorney to
bring such action within ten days after the receipt of such notice from the
attorney-general. [92 v. 123.]
A right to a trial by jury does not exist in an action under this law: Mason v. State ex rel., 58 O. S. 30.
(3022-9) SEC. 9. [Action at applicant's expense; additional bond.]
In case such action shall not be brought by either the attorney-general or prose-
cuting attorney within the time limited by the eighth section [$(3022-8)] of this
act, it shall be lawful for the applicant to bring such action at his own expense and
by his attorney or attorneys, but in such action so brought by such applicant
no recovery for costs and disbursements shall be had against the state; pro-
vided that in any case whether instituted by the prosecuting attorney or attor-
ney-general or by the applicant in person, if the court shall at any time pend-
ing such action find the bond given as aforesaid inadequate in amount to
cover the costs accrued, or likely to accrue, in the cause, or shall find any sure-
ty or sureties thereon insufficient, additional bond or other sureties may be re-
quired by the court to be given within such time and upon such terms as the
1713
Tit. XIV, Ch. 6.
CORRUPT PRACTICES ACT.
(3022-10).
court may order, and upon [the] failure to comply with any such order of the
court such action may be dismissed at the costs of the applicant and his sure-
ties. [92 v. 123.]
(3022-10) SEC. 10. [Action to have preference on docket.] Such
action, whether brought by the attorney-general, the prosecuting attorney or
the applicant, shall have the preference on the docket of any court of the state
in which the same shall be pending over all other civil actions whatever. [92
v. 123.]
in
(3022-11) SEC. 11. [Judgment; vacancy.] If it shall be determined
any such action that any one or more of the charges set forth in the petition
has been sustained, judgment shall be rendered declaring void tb election of
such defendant to such office and ousting and excluding him from such office
and declaring the office vacant, and such vacancy shall thereupon be filled in
the manner provided by law or by the constitution of this state with relation
to filling vacancies occurring in such office, and judgment shall also be ren-
dered against such defendant for the costs of the action, but if no one of such
charges be sustained, judgment shall be rendered against such applicant and
his sureties on the bond or bonds for the costs of such action. [92 v. 123.]
(3022-12) SEC. 12. [Incriminatory testimony.] No person shall be
excused from answering any question on trial of such action relating to any
of the acts claimed to have been committed by any party thereto, or by any of
the persons, committees or organizations mentioned or referred to in the seventh
section [$(3022-7)] of this act on the ground that such answer would tend to in-
criminate or degrade the person so testifying, but the testimony so given shall
not be used in any prosecution or proceeding, civil or criminal, against the person
so testifying, and a person so testifying shall not be liable thereafter to indict-
ment, prosecution or punishment for the offense with reference to which his
testimony was so given and may plead or prove the giving of testimony ac-
cordingly in bar of such indictment or prosecution. [92 v. 123.]
(3022-13) SEC. 13. [Contest of election in general assembly.] The
election of any person to either house of the general assembly of the state of
Ohio may be contested by any elector entitled to vote at the election at which
he was chosen, on any of the grounds for which elections to other offices are by
the foregoing provisions of this act required to be avoided. Such contest may
be instituted at any time prior to, or during, the term of office of such person,
and in all other respects shall be conducted in the manner provided by law for
contesting elections to membership in the general assembly. [92 v. 123.]
(3022-14) SEC. 14. [Political committee defined.] Every two or
more persons who shall be elected, appointed, chosen or associated for the
purpose, wholly or in part, of directing the raising, collection or disbursement
of money, and every two or more persons who shall cooperate in the raising,
collection or disbursement or in controlling or directing the raising, collec-
tion or disbursement of money used or to be used to further or defeat the nom-
ination or election of any person or any class or number of persons to public
office by popular vote, or to further or defeat the nomination for such election
of any person or any class or number of persons or in support of, or opposition
to any measure or proposition submitted to popular vote, shall be deemed a
political committee within the meaning of this act. [92 v. 123.]
(3022-15) SEC. 15. [Appointment, etc., of treasurer of committee;
unlawful collections, receipts, etc.] Every political committee shall appoint
and constantly maintain a treasurer, who shall be a resident of this state, to
receive, keep and disburse all sums of money which may be collected or re-
ceived or disbursed by such committee, or by any of its members, for any of
109
1714
1
·
§ (3022—16).
CORRUPT PRACTICES ACT.
Tit. XIV, Ch. 6.
the purposes mentioned in section 14 [§(3022-14)] of this act; and unless such
treasurer is first appointed and thereafter maintained, it shall be unlawful and
a violation of this act for a political committee or any of its members to col-
lect, receive or disburse money for any such purpose. All money collected or
received or disbursed by any political committee or by any member or members
thereof, for any of the purposes mentioned in section 14 [$(3022-14)] of this
act, shall be paid over and made to pass through the hands of the treasurer of
such committee, and shall be disbursed by him; and it shall be unlawful and a
violation of this act for any political committee, or for any member or mem-
bers of a political committee to disburse or expend money for any of the objects
or purposes mentioned in section 14 [$(3022-14)] of this act until the money
so disbursed or expended shall have passed through the hands of the treasurer
of such political committee. [92 v. 123.]
(3022-16) SEC. 16. [Treasurer's account; individual's account.]
Every treasurer of a political committee and every person who shall at any
time act as such treasurer, shall, whenever he receives or disburses money as
such treasurer, or for or on account of any of the objects or purposes mentioned
in section 14 [S(3022—14)] of this act, immediately enter and thereafter keep,
in a proper book or books to be provided and preserved by him, a full, true and
detailed statement and account of each and every sum of money so received or
disbursed by him, setting forth in such statement each sum so received or dis-
bursed, the object and purpose for which it was received or disbursed, and the
person from whom it was received or to whom it was disbursed, as the case may
be. Every individual receiving or disbursing money aggregating more than
twenty dollars, for or on account of any of the objects and purposes mentioned
in section 14 [§(3022-14)] of this act unless he receives it from or pays it to
the treasurer of a political committee, shall in like manner keep in a book a de-
tailed written account of his receipts and disbursements. [92 v. 123.]
(3022-17) SEC. 17. [Statement to treasurer.] Any person or per-
sons receiving money or other thing of value to disburse or expend on behalf
of a political committee, or contracting any obligations on behalf of a political
committee, shall keep in writing, and within eight days after each and every
election, caucus, convention or primary election in or concerning or in connec-
tion with which he shall have received it, or disbursed or promised it or any
part thereof, or contracted any such obligations, or sooner if called on by the
treasurer of the committee, furnish the treasurer a detailed written and signed
statement of such receipts, expenditures, promises and obligations, setting
forth therein each sum so received or disbursed or promised, as the case may
be, and the date when and the person from whom received or to whom paid or
promised, as the case may be, and the character of each such obligation and to
whom incurred and the object and purpose for which each sum was received,
disbursed or promised and each such obligation incurred, which statement shall
be incorporated in and form a part of the statement and account which the
treasurer is to keep. [92 v. 123.]
(3022-18) SEC. 18. [Treasurer's and individual's statements.] Ev-
ery treasurer of a political committee as defined in this act, and every other
person required by section 16 [$(3022-16)] of this act to keep an account, shall
within twenty days after each and every election, caucus, convention or primary
election in or concerning or in connection with which he shall have received or
disbursed any money for any of the objects or purposes mentioned in section 14
[$(3022-14)] of this act, prepare and file in the office of the clerk of the county in
which such treasurer or person resides, a full, true and detailed account and state-
ment, subscribed and sworn to by him before an officer authorized to administer
oaths, setting forth each and every sum of money received or disbursed by him
for any of the objects or purposes mentioned in section 14 [§(3022-14)] of this
act, the date of receipt and each disbursement, the name of the person from whom
1715
:
Tit. XIV, Ch. 6.
CORRUPT PRACTICES ACT.
§ (3022—19).
received or to whom paid, and the object or purpose for which the same was re-
ceived and the object or purpose for which disbursed. Such treasurer's state-
ment shall also set forth the unpaid debts and obligations, if any, of such com-
mittee, with the nature and amount of each, and to whom owing, in detail,
and if there are no unpaid debts or obligations of such committee such state-
ment shall state such fact. [92 v. 123.]
(3022-19) SEC. 19. [Restrictions.] No claim against any candidate
on account of any obligation incurred or promise made by him in furtherance
of his nomination, or of the nomination or defeat of any other person or per-
sons who may be candidates for nomination for any office at the same caucus,
convention or primary election, shall be payable or be paid, unless presented
for payment within eight days after the caucus, convention or primary election.
No claim against any political committee shall be payable or [to] be paid un-
less presented for payment within eight days after the caucus, convention or
primary election or elections, in or concerning or in connection with which it
shall have been incurred or promised and no claim against any candidate on
account of any obligation incurred or promise made by him in furtherance of
his election, or to further or oppose the election of any other person or persons
voted for on the same day of election, or in support of or opposition to any
measure or proposition submitted to popular vote on the same day of election
shall be payable or [to] be paid unless presented for payment within eight days
after the election in or concerning or in connection with which it shall have
been incurred or promised, nor shall any claim not presented within the time
herein limited be paid, and it shall be unlawful to pay any claim not present-
ed within the time herein limited, provided, however, that the common pleas
court of the county within which such candidate or the treasurer of such
committee resides, may, on petition filed and good cause shown for the delay,
allow claims not presented until after the time herein limited to be paid; two
weeks' notice of the filing of such petition having been given to the person,
persons or committee against whom such claim is asserted, and also published
in two newspapers of opposite political parties, of general circulation, published
in said county, but should such claim not [to] be shown by the statement re-
quired by this act to be filed by such candidate or committee, then after their
allowance and payment such candidate or committee, as the case may be,
shall file additional statements and duplicates thereof, duly verified, and in
the same manner as herein required with relation to their original statements.
[92 v. 123.]
(3022-20) SEC. 20. [Receipt, etc., of statements and accounts; evi-
dence.] Every officer with whom statements or accounts or duplicates there-
of are by this act required to be filed, shall receive and file in his office, and
there keep as part of the records thereof for four years after they are filed, all
such statements, duplicates and accounts, and they shall at all reasonable times
be open to public inspection, and copies thereof certified by such officer under
the seal (if any) of his office shall be admitted as evidence in all courts with
like force and effect that the original would have if produced. After four years
succeeding the filing of such papers they shall be destroyed by such officer or
his successor in office. [92 v. 123.]
(3022-21) SEC. 21. [Penalty for failure to file statement; disposi-
tion of fine.] Every treasurer of a political committee as defined in this act
who shall wilfully fail, neglect or refuse to make out, verify and file with the
county clerk the statement required by section 18 [$(3022-18)] of this act shall
be guilty of a misdemeanor, and upon conviction shall be fined not less than
fifty nor more than five hundred dollars, which fine, when collected, shall be
paid into the treasury of the county in which such fine was assessed, to the
credit of the school fund of such county. [92 v. 123.]
1716
§ (3022-22).
CORRUPT PRACTICES ACT.
Tit. XIV, Ch. 6.
(3022-22) SEC. 22. [Penalty for failure to keep correct accounts,
etc.] Every treasurer of a political committee, and every other person required
by section 16 [§(3022-16)] of this act to keep an account, who shall either
First-Neglect or fail to keep a correct book or books of account, setting forth
all the details required to be set forth in the account an statement contemplated
in sections 16, 17 and 18 [§§(3022-16), (-17), (-18) of this act (except that the
book or books need not be subscribed or sworn to), with intent to conceal the re-
ceipt or disbursement of any sum received or disbursed by him or by any other
person, or the purpose or object for which the same was received or disbursed, or
to conceal the fact that there is any unpaid debt or obligation of such treasurer or
committee, or the nature or amount thereof, or to whom owing, in detail; or—
Second-Mutilate, deface or destroy any such book or books of account with
intent to conceal any fact disclosed by such book or books; or—
Third-Having failed to file within the time prescribed by this act any
statement and account which he is by this act required to file, further fail to
file the same within five days after he shall receive notice in writing, signed by
five residênt freeholders of the county in which such treasurer or person re-
sides, requesting him to file such statement and account, shall be guilty of a
misdemeanor and on conviction shall be imprisoned for not less than two or
more than six months. [92 v. 123.]
(3022-23) SEC. 23. [Penalty for offenses in connection with natu-
ralization.] It shall be unlawful for any candidate for any office which is to
be filled by popular election under the constitution or laws of this state, or for
any member of a political committee, to pay, contribute, promise or offer, or to
procure or connive at the paying, contributing, promising, or offering, any
money or thing of value for the purpose of procuring, facilitating, or defraying
any fees or expenses in connection with the naturalization of any alien or aliens,
and any violation of this section shall be punishable by a fine of not less than
one hundred nor more than five hundred dollars, or imprisonment for not less
than ten nor more than thirty days, or both. [92 v. 123.]
!
1717
Tit. XV, Ch. 1.
ENROLLMENT.
§§ 3023-3024.
TITLE XV. Militia and Military Affairs.
The governor is commander-in-chief of the militia of the state: Constitution, Art. III, 3 10.
CHAPTER 1.
CHAPTER 2.
CHAPTER 3.
CHAPTER 4.
CHAPTER 5.
CHAPTER 6.
ENROLLMENT.
ORGANIZATION.
DISCIPLINE AND GOVERNMENT.
UNIFORM, ARMS, DRILL, AND PAY.
MISCELLANEOUS PROVISIONS.
MILITARY AFFAIRS.
CHAPTER 1.
ENROLLMENT.
SECTION
3023. Who shall be enrolled.
SECTION
3024. Duties of assessors as to enrollment; duties,
etc., of county auditors.
3028. Exemption, absolute.
3029. Persons enrolled, but exempt except in case of
war, etc.
3025. Who shall give information to assessors; pen-
alty for refusal.
3030.
3031.
3026. Refusal or willful neglect of assessors.
Penalty for giving false certificate of disability.
Penalty for altering or transferring certificate
of disability, etc.
3032.
Existing enrollment to remain in force.
3027. Compensation of assessors.
All male citizens of this state who
SEC. 3023. [Who shall be enrolled.]
are eighteen and under forty-five years of age, except persons exempt by law,
shall be enrolled in the militia, and perform military duty, in the manner here-
inafter prescribed. [63 v. 70, §1; S. & S. 449.]
The commutation for fines and penalties provided for in 34 of the act of March 31, 1864 (61 v. 110), for per-
sons enrolled in the militia, but who did not join a volunteer military organization, was held to be constitu-
tional: Houston v. Wright, 15 O. S. 318.
A minor over eighteen years of age, residing with his father, engaged, without the knowledge or con-
sent of his father, as a volunteer: Held, that the engagement of the minor was binding: 1861, In re Disinger,
12 O. S. 256.
·
SEC. 3024. [Duties of assessors as to enrollment; duties, etc., of
county auditors; powers of governor.] Township, ward, and precinct assess-
ors shall, in the year eighteen hundred and eighty-one, and every fifth year
thereafter, while taking the assessment of personal property, make two separate
lists of persons liable to enrollment within their jurisdictions, respectively-
one of persons so liable under the provisions of section three thousand and twenty-
nine, and one of all other persons subject to enrollment; and at the time they
make their assessment returns, they shall return certified copies of such lists to
the auditors of their respective counties, who shall file the same; upon satis-
factory proof county auditors may correct the lists, by adding the name of any
person improperly omitted, and striking off the name of any person improp-
erly enrolled; and they shall each, on or before the third Monday of August
following, make, and transmit to the adjutant-general of the state, a statement,
showing the number of each class of persons enrolled in each township, ward,
1718
$$ 3025-3929.
ENROLLMENT.
Tit. XV, Ch. 1.
and precinct within their respective counties. The governor may, whenever
in his opinion it is unnecessary to make the enrollment provided for in this
section, direct that it be dispensed with; and he may also order such enroll-
ment to be made at any other time than as above provided, whenever in his
opinion there is necessity therefor. [63 v. 70, §2; S. & S. 450.]
SEC. 3025. [Who shall give information to assessors; penalty for re-
fusal.] Keepers of taverns or boarding-houses, and masters or mistresses of
dwelling-houses, shall, upon application of the assessors or their assistants
within whose bounds their houses are situated, give information of the names
of persons residing in their houses who are liable to enrollment; and every
such person shall, upon like application, give his name and age; and if such
keeper, master, mistress, or other person, refuse to give such information, such
keeper, master, or mistress shall forfeit and pay twenty dollars, and such
other person shall forfeit and pay ten dollars, to be recovered on complaint of
the assessor. [63 v. 70, §3; S. & S. 450.]
SEC. 3026. [Refusal or willful neglect of assessors.] If an assessor
refuse or neglect to perform any of the duties required of him by this chapter,
the governor may order the adjutant-general, or some other person, to perform
any or all of such duties; and an assessor who refuses, or knowingly neglects,
to perform any duty enjoined on him by this chapter, shall, for every such
neglect or refusal, pay to the state not less than one hundred dollars, to be
recovered before any court of record, and shall be committed to the county jail
until such fine and costs are paid, or secured to be paid. [63 v. 70, § 4; S. & S.
450.]
SEC. 3027. [Compensation of assessors.] Assessors and their assist-
ants shall be paid for their services in making the enrollment required by this
chapter at the same rate and in like manner as they are paid for taking the
annual assessment of property. [63 v. 70, §5; S. & S. 450.]
SEC. 3028. [Exemptions, absolute.] Persons hereinafter specified shall
be absolutely exempt from enrollment, viz.:
1. [Persons in U. S. service.] Persons in the army, navy, or volunteer
force of the United States, and persons exempt from service in the militia by
the laws of the United States, at the time of making the enrollment.
2. [Physical disability.] Those who, by reason of permanent physical
disability are unfit for the performance of military duty, and have in their
possession the certificate of a reputable physician or surgeon to such perma-
nent disability, and describing the nature thereof.
3. [Idiots, lunatics, and felons.] Felons convicted of infamous crime,
and not pardoned, and idiots and lunatics.
4. [Members of certain religious denominations.] Members of relig-
ious denominations having articles of faith prohibiting the performance of mil-
itary duty. [63 v. 70, § 6; S. & S. 450.]
SEC. 3029. [Persons enrolled, but exempt except in case of war, etc.]
Persons hereinafter specified shall be enrolled as provided in section three thou-
sand and twenty-four, but shall be exempt from service in the militia except in
case of war, insurrection, or invasion, or the reasonable apprehension thereof;
provided, that if any such person voluntarily enlist in the organized militia,
he shall thereafter be held to duty therein, notwithstanding this exemption:
1. Persons who served one year, or more, in the army or navy of the United
States, during the late rebellion, and have been, or hereafter may be, honorably
discharged therefrom.
2. Persons who have, at the time of any enrollment, served five consecutive
years in the militia of this state; but such exemption shall not apply to a per-
son whose service therein a portion or all of such term, was in the capacity of
1719
Tit. XV, Ch. 2.
ORGANIZATION.
$$ 3030-3032..
a commissioned officer, unless he received, after the full term of service, an
honorable discharge according to law.
3. Persons who were members of the national guard of this state, and
enlisted in the military service of the United States, under the call of the gov-
ernor, in eighteen hundred and sixty-four, for the service known as the one
hundred days' service, and were honorably discharged from said service.
4. Acting members, in good standing and serving without pay, of com-
panies belonging to a volunteer fire department, organized under, and subject
to, the authority of a municipal corporation: provided, that persons who have
served as such for five consecutive years shall be so exempt for five years after
such service; but such exemption shall not apply to acting members of engine
companies composed of more than sixty-four persons, of hook and ladder com-
panies composed of more than thirty persons, or of hose companies composed
of more than twenty persons. [63 v. 70, §7; 67 v. 76, § 326; 69 v.54, §1; 73 v.
176, § 29; S. & S. 451.]
SEC. 3030. [Penalty for giving false certificate of disability.] A sur-
geon or physician who knowingly gives to any person liable to be enrolled in
the militia a false certificate of disability, shall be fined not exceeding fifty
dollars. [63 v. 70, § 8; S. & S. 451.]
SEC. 3031. [Penalty for altering or transferring certificate of disa-
bility, etc.] Whoever alters or transfers any certificate of disability given by
any surgeon or physician to any person otherwise liable to enrollment in the
militia, or claims exemption under any such certificate not issued to him, shall
be deemed guilty of forgery, and punished accordingly. [63 v. 70, § 8; S. & S.
451.]
SEC. 3032. [Existing enrollment to remain in force.] Until the enroll-
ment provided for in this chapter shall have been completed, the existing enroll-
ment of militia shall remain in force. [63 v. 70, §58; S. & S. 461.]
1720
$$ 3033-3035.
ORGANIZATION.
Tit. XV, Ch. 2.
SECTION
CHAPTER 2.
ORGANIZATION.
3033. Active militia; how constituted and apportioned.
3033-1. Engineers' battalion.
3033-2. Drills and exercises, etc.
3034. “Ohio National Guard:"' active service.
3035. [Repealed.]
3036. Infantry organization.
3037. Cavalry organization.
3038. Artillery organization.
Contributing members.
3039.
3040.
When members of certain independent military
companies shall be entitled to privileges; penalty
for refusing to respond to call of governor ;
record of contributing members.
3041. New companies, troops, and batteries; how formed.
3042. Mode of enlistment; oath.
3043. Division, brigades and regiments.
3044. Election and term of officers.
3045. Regulations governing such elections.
3046. Appointment of staff and non-commissioned
officers.
3047. Commissions; oath; neglect to qualify; limi-
tation.
3048. Rank to date from date of commission.
3049. Honorable discharge or retirement of officers.
3050. Offices vacated, when.
3051. Dishonorable discharge.
3052. New companies, etc.; disbandment.
3053. Brigades and divisions.
3054. Senior officer to command.
3055.
Exemptions of officers and members.
SECTION
3056. Term of service and discharge; reasons for dis-
charge; certificate; publishing dishonorable
discharges.
CLEVELAND CITY GUARDS.
3056-1. Cleveland city guards.
3056-2. Contributing members.
3056-3. Provisions governing members.
3056-4. Riot or insurrection.
3056-5.
3056-6.
3056-8.
Existing independent companies may join.
NAVAL MILITIA.
Naval brigade of national guard.
3056-7. Force in peace, in war or danger.
Officers; battalion; division.
3056-9. How officers selected.
3056-10. Uniforms.
3056-11. Annual performance of duty.
3056-12. Pay.
3056-13. Relative rank, of officers; of men.
3056-14. Courts martial and other courts; boards.
3056-15. Powers of commanding officers.
3056-16. Discipline and exercise; decision.
3056-17. Rules for government and instruction.
3056-18. Armories.
3056-19. Equivalence of division and battalion.
3056-20. When companies may be raised.
3056-21. Who shall be enrolled; voluntary enlist-
ment.
SEC. 3033. [Active militia: how constituted and apportioned.] In
times of peace the active militia shall consist of the staff of the governor,
without pay, allowances or command, provided for in section 98, Revised
Statutes, and not exceeding one hundred and two companies of infantry, eight
batteries of artillery, and two troops of cavalry, to be allotted and apportioned
in such localities of the state as the necessities of the service, in the discretion
of the commander-in-chief, may require. [90 v. 316; 89 v. 411; 83 v. 95, 101;
78 v. 287; Rev. Stat. 1880; 74 v. 227, § 11.]
(3033-1) SEC. 1. [Engineers' battalion.] There shall be allowed, in
addition to the forces of the national guard of the state of Ohio as now pro-
vided by law, a battalion of three companies of engineers, of a total strength
not exceeding two hundred and twenty-five officers and men, which battalion
shall be so officered as the commander-in-chief may, from time to time, direct.
[93 v. 195.]
(3033-2) SEC. 2. [Drills and exercises, etc.] The battalion of en-
gineers shall conform, as closely as may be, to the drills and exercises custom-
ary with the corresponding arm of the United States service; and shall be
conducted by and be subject to all the laws, rules and regulations made and
provided for the national guard of Ohio, and the code of discipline now estab-
lished. [93 v. 195.]
SEC. 3034. ["Ohio National Guard:" active service.] The active
militia shall be known as the "Ohio national guard," and may be ordered into
active service by the governor to aid the civil officers to suppress or prevent
riot or insurrection, or to repel or prevent invasion; and they shall, in all cases,
be called into service before the unorganized milítia. [1886, April 28: 83 v.
95, 101; 78 v. 287; Rev. Stat. 1880; 74 v. 227, § 11.]
SEC. 3035. [Repealed 1886, April 28: 83 v. 95, 103.
287; Rev. Stat. 1880; 73 v. 173, §9.]
Former statutes: 78 v.
1721
Tit. XV, Ch. 2.
ORGANIZATION.
§§ 3036-3040..
SEC. 3036. [Infantry organization.] Each regiment shall consist of not
more than twelve nor less than eight companies, and shall be formed into bat-
talions of not less than three and not more than five companies each, and shall
have a colonel, a lieutenant colonel, one major for each battalion, a surgeon
with the rank of major, one assistant surgeon for each battalion with rank of
captain, a quartermaster with rank of captain, an inspector of rifle practice
with rank of captain, a regimental adjutant with rank of captain, one commis-
sary with rank of captain, one battalion adjutant for each battalion in a regi-
ment of two or more battalions with the rank of second lieutenant, a chaplain,
and a non-commissioned staff consisting of a regimental sergeant-major, and a
sergeant-major for each battalion, one quartermaster sergeant, one commissary
sergeant, a hospital steward and an acting hospital steward for each battalion,
two principal musicians, a drum major and two color sergeants. A command-
er of a regiment, or separate battalion, may enlist a band to consist of a leader,
and not more than twelve men for each battalion of his command; also a
hospital corps of not more than eight men for each battalion, a signal corps
consisting of one sergeant, and not more than one corporal and four privates
for each battalion, and a quartermaster's corps, upon recommendations of a
quartermaster, consisting of not more than two sergeants and four privates for
each battalion. Each company shall consist of a captain, a first lieutenant, a
second lieutenant, one first sergeant, four sergeants, eight corporals, two musi-
cians, one armorer, and not less than thirty-two and not more than fifty-six
privates. [93 v. 240; 92 v. 335; 91 v. 425; 90 v. 317; 89 v. 412; 88 v. 153; 83 v.
95; Rev. Stat. 1880; 74 v. 227, 229, §§ 12, 13;
SEC. 3037. [Cavalry organization.] Each troop of cavalry shall consist
of a captain, a first lieutenant, a second lieutenant, a chaplain and an assistant
surgeon with rank of captain, one first sergeant, four sergeants, eight corporals,
two trumpeters, two farriers, two blacksmiths, a saddler, a wagoner and not
less than thirty nor more than eighty privates, and a non-commissioned staff
consisting of a sergeant-major, a quartermaster-sergeant, a commissary-sergeant,
a color-sergeant, veterinary-sergeant, a hospital steward, who may be enlisted
as such. [89 v. 412; 83 v. 95; Rev. Stat. 1880; 74 v. 227, § 12.]
SEC. 3038. [Artillery organization.] Each battery of light artillery of
four guns shall consist of a captain, a first lieutenant, two second lieutenants,
and assistant surgeon with the rank of captain, one first sergeant, one quar-
termaster sergeant, one veterinary sergeant, four sergeants, eight corporals, two
trumpeters, one guidon, and not less than forty, nor more than eighty privates.
Each battery of two guns shall consist of a captain, a first lieutenant, an assist-
ant surgeon with the rank of first lieutenant, one first sergeant, one quarter-
master sergeant, one veterinary sergeant, two sergeants, four corporals, one gui-
don, one trumpeter, and not less than twenty, nor more than forty privates.
[1886, April 28: 83 v. 95, 101; 78 v. 287, 288; Rev. Stat. 1880; 74 v. 227, § 12.]
SEC. 3039. [Contributing members.] In time of peace the officers com-
manding companies, troops and batteries may enlist contributing members not
to exceed one hundred and fifty. Such members shall be subject to such con-
tributions, dues and services as may be ordered by the council of administra-
tion of the respective organizations, but the dues of such members shall in no
case be less than five dollars each, per annum, and the whole number of active
and contributing members belonging to the active militia in any county shall
not exceed fifteen per centum of the voting population of such county. [1886,
April 28: 83 v. 95, 102; 78 v. 287, 288; Rev. Stat. 1880; 74 v. 227, § 12.]
SEC. 3040. [When members of certain independent military com-
panies shall be entitled to privileges; penalty for refusing to respond to
call of governor; record of contributing members.] If any independent
military company, the organization of which has been continuous for at least
1722
S$ 3041-3044.
ORGANIZATION.
Tit. XV, Ch. 2.
twenty years last past, or any independent infantry battalion, the organization
of which has been continuous for at least three years last past, all of whom
have [been,] and shall continue to be, fully armed and equipped at their own
expense and agrees to be subject to all calls of the governor for troops, in case
of war, riot, insurrection, or invasion, and at least forty of the members of such
infantry company or of the several companies of such infantry battalion,
together with its field and staff officers, sign an agreement to that effect, and
file the same with the governor, the acting and contributing members thereof,
not exceeding the number allowed infantry companies of the organized militia,
shall be entitled to all the privileges and exemptions allowed members of the
national guard; the acting members thereof who sign such agreement shall,
from [for] neglecting or refusing to respond to any such call of the governor,
be subject to the same fines and penalties as members of the national guard
for like offenses; all persons who enlist in such companies, and all such field
and staff officers, after the filing of such agreement, shall sign a like agreement,
which shall also be filed with the governor; and such companies shall be kept
up to at least forty active members; a record of contributing members, showing
the date of each certificate, to whom issued, and the amount paid, shall be kept by
the secretaries of such companies, a copy of which shall be filed with clerk of
the court of common pleas, and a report of the same shall be made to the
adjutant-general of the state on or before the first day of April of each year.
[1888, April 16: 85 v. 334; 81 v. 30; 80 v. 74; Rev. Stat. 1880; 74 v. 229, § 13.]
SEC. 3041. [New companies, troops, and batteries, how formed.] A
company troop or battery may be organized upon the petition of a number of
persons, subject to military duty, equal to the minimum required for the organ-
ization proposed; such petitions shall be forwarded to the commander-in-chief,
and, if approved by him, the petitioners shall be assembled, and after inspection
shall be enlisted; provided, the number enlisted be not less than the minimum
number required for such organization. The mustering officer shall then
require the persons enlisted to elect officers, and shall transmit to the adjutant-
general a certificate showing the resuit of such election, together with a muster-
roll of the organization. [1886, April 28: 83 v. 95, 96; Rev. Stat. 1880; 74 v.
229, § 13.]
SEC. 3042. [Mode of enlistment; oath.] All enlistments shall be made
by signing enlistment papers, in such form as shall be prescribed by the adju-
tant-general. As soon as practicable after this enlistment, the following oath
which may be administered to the recruit by any commissioned officer, [shall
be taken by each recruit enlisted]:
“I,
do solemnly swear (or affirm) that I will bear true faith and
allegiance to the United States of America, and to the State of Ohio; that I
will serve them honestly and faithfully against all their enemies, whomsoever,
and that I will obey the orders of the governor of Ohio, and the orders of the
officers appointed over me, in accordance to the laws, rules and articles for the
government of the Ohio national guards." [1886, April 28: 83 v. 95, 96; Rev.
Štat. 1880; 74 v. 229, § 14.]
SEC. 3043. [Divisions, brigades, battalions and regiments.] The com-
mander-in-chief shall organize, when he deems it practicable, the national
guard into a division, brigades, regiments and battalions of artillery, cavalry
and infantry, with such staff officers as may be necessary for each of the several
commands. [90 v. 317; 83 v. 95, 96; Rev. Stat. 1880; 74 v. 230, § 16.]
SEC. 3044. [Election and term of officers.] The officers of the national
guard shall serve for the term of five years, unless sooner discharged, and shall
be elected as follows: Field-officers of regiments and battalions by the written
or printed votes of the officers and enlisted men of the respective regiments
and battalions; captains and lieutenants by the written or printed votes of
1723
Tit. XV, Ch. 2.
ORGANIZATION.
SS3045-3051.
officers and enlisted men of the respective companies, troops and batteries. [89
v. 412; 83 v. 95, 96; Rev. Stat. 1880; 74 v. 232, §§ 21, 22.]
SEC. 3045. [Regulations governing such elections.] All meetings for
the election of officers shall be ordered by the commander-in-chief, and shall
be governed by such regulations as he may prescribe. Each officer shall be
separately voted for, and any person receiving a majority of the votes of the
electors present at such meeting shall be deemed elected; provided, that no
election shall be held unless a majority of the electors be present and voting.
[89 v. 412; 83 v. 95, 96; Rev. Stat. 1880; 74 v. 232, 233, §§ 22, 27.]
SEC. 3046. [Appointment of staff and non-commissioned officers.]
The permanent commanders of regiments, battalions, and batteries, shall
appoint the staff officers of these respective organizations. The permanent
commanders of regiments, battalions, troops and batteries, shall appoint the
non-commissioned staff and non-commissioned officers of these respective
organizations, and shall issue warrants for such appointments. [1886, April
28: 83 v. 95, 102; 78 v. 287, 288; Rev. Stat. 1880; 74 v. 232, § 23.]
SEC. 3047. [Commissions; oaths; neglect to qualify; limitation.] The
commander-in-chief shall issue all commissions. Every person elected to office
in the national guard shall, within ten days after the receipt or tender of his
commission, take and subscribe the oath prescribed in the constitution of the
state, and also an oath of office; the officer who administers the same shall
certify the fact on the commission, and transmit a copy of such certificate to
the adjutant-general. In case of neglect or refusal to qualify within the time
mentioned, he shall be deemed to have resigned his office, and an election shall
be ordered to fill the vacancy. Provided, that no officer shall hold two com-
missions in said national guard. [90 v. 77; 83 v. 95, 96; Rev. Stat. 1880; 73
v. 175, § 24.]
SEC. 3048. [Rank to date from date of commission.] Officers shall
take rank from date of commission; an officer who has served in the same
grade continuously, either by reelection or reappointment, shall take rank
from the date of his first commission in that grade. [89 v. 412; 86 v. 369; 83
v. 95, 96; Rev. Stat. 1880; 73 v. 175, § 24.]
The word "senior," as used here, designates the one longest in continuous service: State ex rel. v.
Hueston, 44 O. S. 6.
SEC. 3049. [Honorable discharge or retirement of officers.] An offi-
cer may be honorably discharged by the commander-in-chief upon tender of
resignation, upon the disbandment of the organization to which he belongs,
or if a staff officer, on the written request of the officer appointing him, or upon
the qualification of his appointed successor; and any commissioned officer
who shall have served as a member of the Ohio national guard for the period
of ten years, five years of which shall have been as a commissioned officer,
may upon his own request or upon his honorable discharge from the service
of the state, be placed upon the retired list, to be hereafter kept in the office
of the adjutant-general. Officers so retired shall receive no compensation, but
are permitted to wear the uniform of their grade upon all public occasions.
[92 v. 383; 83 v. 95, 97; Rev. Stat. 1880; 74 v. 232, § 25.]
SEC. 3050. [Offices vacated, when.] The commander-in-chief is author-
ized to drop [any officer] from the rolls of the national guard, for desertion, or
any officer who is absent from duty three months without leave. [1886, April
28: 83 v. 95, 97; Rev. Stat. 1880; 63 v. 70, § 26; (S. & S. 454).]
SEC. 3051. [Dishonorable discharge.] An officer may be discharged
by the commander-in-chief upon the report of a court of inquiry, appointed by
the governor, or to carry out the sentence of a court-martial. [93 v. 412; 89 v.
412; 83 v. 95, 97; Rev. Stat. 1880; 74 v. 232, § 25.]
1724
§ 3052.
ORGANIZATION.
Tit. XV, Ch. 2.
SEC. 3052. [New companies, etc.; disbandment.] The commander-in-
chief shall maintain the national guard by organizing new companies, troops
and batteries, and shall have power to disband any company, troop or battery
whenever it shall become reduced in numbers below one-half the minimum
strength, or whenever it shall fall below a proper standard of efficiency. [1886,
April 28: 83 v. 95, 97; Rev. Stat. 1880; 74 v. 232, § 25.]
SEC. 3053. [Brigades and divisions.] The militia, while in active serv-
ice, may be organized into brigades and divisions, by the commander-in-chief.
[63 v. 70, § 52; S. & S. 460.]
SEC. 3054. [Senior officer to command.] The command of any mili-
tary force called into service under the provisions of this act, shall devolve
upon the senior officer of such force, unless otherwise specially ordered by the
commander-in-chief. [1886, April 28: 83 v. 95, 97; Rev. Stat. 1880; 63 v. 70,
§56; (S. & S. 460).]
The word "senior," as used here, designates the one longest in continuous service: State ex rel. v. Hues-
ton, 44 0. S. 6.
SEC. 3055. [Exemptions of officers and members.] A certified list of
officers, enlisted men and contributing members shall be filed by the command-
ing officer of each company, troop and battery, with the clerk of the court of
the county in which such company or organization is located. Such lists shall
be filed on or before the first day of October in each year, and all such officers,
enlisted men and contributing members shall, for the ensuing year, or until
discharged, be exempt from labor on the public highways and service as jurors.
[1886, April 28: 83 v. 95, 97; Rev. Stat. 1880; 73 v. 176, § 29.]
SEC. 3056. [Term of service, and discharge; reasons for discharge;
certificate; dishonorable discharges published.] All enlistments in the
active militia shall be for the term of five years, but all persons honorably
discharged at expiration of term of service may be reenlisted for the term of
one year. No enlisted man shall be discharged before the expiration of his
term of service except by order of the commander-in-chief, and for the follow-
ing reasons: To accept promotion by commission; upon removal of residence
from the state, or permanent removal to such distance from the command to
which he belongs, that in the opinion of his commanding officer, he can not
perform his military duty; upon disability, established by the certificate of a
medical officer, whenever, in the opinion of the commander-in-chief, the in-
terest of the service demands such discharge; to carry out the sentence of
court martial; dishonorable discharge, or discharge in such form as to forbid
reenlistment, shall be given only in accordance with the sentence of a general
or regimental court martial. Every soldier discharged from the service of the
state shall be furnished with a certificate of such discharge which shall state
clearly the reasons therefor. The adjutant-general shall publish in his annual
report the names of all officers and enlisted men dishonorably discharged dur-
ing the period of the year. [89 v. 412; 83 v. 95, 97; Rev. Stat. 1880; 73 v.
176, § 29.]
CLEVELAND CITY GUARDS.
(3056-1) SEC. 1. [Cleveland city guards.] The citizens of Cleve-
land are hereby authorized to organize, arm and equip an independent infan-
try company of not less than fifty nor more than one hundred active mem-
bers, to be known as the Cleveland city guards, who shall sign a written agree-
ment to be subject to all calls of the mayor or the governor of the state, in case
of insurrection or riot, or when there is reasonable apprehension thereof, which
written agreement shall be deposited with the mayor of such city. [90 v. 66.]
(3056-2) SEC. 2. [Contributing members.] Contributing members,
not exceeding one hundred and fifty for each company, may be received and
1725
Tit. XV, Ch. 2.
ORGANIZATION.
$ (3056-3).
enrolled in such company. Such contributing members shall be subject to
such contributions, dues and services as may be prescribed by the code of regu-
lations and by-laws of such company; but the dues of such contributing mem-
bers shall in no case be less than ten dollars each per annum. [90 v. 67.]
(3056-3) SEC. 3. [Provisions governing members.] The acting and
contributing members of such company shall be entitled to all the privileges
and exemptions allowed members of the Ohio national guard, and the acting
members thereof who sign such agreement, shall, for neglecting or refusing to
respond to any call of the mayor, or the governor of the state, be subject to the
same fines and penalties as members of the Ohio national guard for like of-
fenses, when called into service by the governor. All persons who enlist in
such company as acting members at any time, shall sign an agreement as pro-
vided in the first section [§(3056-1)] of this act; and such company shall be
kept up to a minimum of at least fifty acting members; provided, that such
company shall receive no pay or allowance from the state for camp duty, trans-
portation, or for any other purpose. [90 v. 67.]
(3056-4) SEC. 4. [Riot or insurrection.] Whenever there is a riot
or insurrection and whenever there is reasonable apprehension thereof, the
mayor of such city or the governor of the state may call out such company to
aid the civil authorities in suppressing such riot or insurrection, or in prevent-
ing the same; and when so called out such company shall be subject to the
orders of such mayor or governor. [90 v. 67.]
(3056-5) SEC. 5. [Existing independent companies may join.] Any
independent infantry company heretofore organized in such city may be brought
within the provisions of this act, and entitled to all the privileges and exemp-
tions, and subject to all the penalties provided in this act, by the acting mem-
bers of such company signing and depositing with the mayor a written agree-
ment as specified in section 1 [$(3056-1)] of this act. [90 v. 67.]
NAVAL MILITIA.
(3056-6) SEC. 1. [Naval brigade of the national guard.] There
shall be allowed, in addition to companies of the national guard of the state
of Ohio as now provided by law, not more than eight companies of naval
militia, which shall constitute two battalions, to be known as the naval brigade
of the national guard of Ohio, each company to be known as a division and de-
signated by a number. [92 v. 109.]
(3056-7) SEC. 2. [Force in peace, war or danger.] In time of peace
there shall not be maintained more than four [two] such battalions organized
as herein provided; but the commander-in-chief shall have the power, in case
of war, insurrection, invasion or imminent danger thereof, to increase the force
beyond the limit of four [two] such battalions, and to organize the same as the
exigencies of the service may require. The commander-in-chief may alter, an-
nex, divide, consolidate or disband the naval battalions or any division thereof,
whenever, in his judgment, the efficiency of the state service will be thereby
increased. [92 v. 109.]
(3056-8) SEC. 3. [Officers; battalion; division.] The officers of this
brigade shall consist of one captain, who shall be chief of brigade, and a staff
to consist of one commander as chief of staff and executive officer; one lieu-
tenant as brigade-adjutant and chief navigating officer; one lieutenant as chief
signal, ordnance and equipment officer; one paymaster; one surgeon; one
chief engineer of the relative rank of lieutenant; and one ensign as signal
officer. The officers shall be chosen and commissioned as soon as two battalions
are completely organized. To each battalion there shall be one lieutenant-com-
1726
$ (3056-9).
ORGANIZATION.
Tit. XV, Ch. 2.
mander who shall command the same; and a staff consisting of one lieutenant.
as battalion-adjutant and executive officer; one lieutenant as navigating, ord-
nance and equipment officer; one ensign as signal and assistant navigating
officer; one surgeon and one paymaster of the relative rank of lieutenant-junior
grade; and one assistant surgeon of the relative rank of ensign. Each battal-
ion shall consist of not less than two nor more than four divisions or companies.
To each division there shall be one lieutenant to command the same, one lieu-
tenant-junior grade, and one ensign. Each part of a battalion not in the same
county of the state of Ohio as the battalion headquarters shall be allowed one
assistant surgeon of the relative rank of ensign, and one additional ensign for
each division. In addition to the above officers each division shall consist of
forty-four petty officers and seamen as a minimum and eighty-four petty officers
and seamen as a maximum. Each division shall contain at least four men who
have a practical knowledge of electricity, and four others with a practical
knowledge of the construction and management of steam machinery. To the
brigade staff and to each division and battalion of the brigade there shall be
allowed such and so many petty officers as the commander-in-chief may from
time to time determine. [92 v. 109.]
(3056-9) SEC. 4. [How officers selected.] Commissioned and petty
officers of the naval militia shall be chosen or appointed and shall qualify as
required by the existing military code of Ohio for officers and non-commis-
sioned officers of the same relative rank of the Ohio national guard. [92
v. 109.]
(3056-10) SEC. 5. [Uniforms.] The naval brigade shall be uniformed
after a proper naval manner as the commander-in-chief shall direct, out of any
appropriations that may be made for that purpose; the uniform shall be similar
to that of the U. S. navy, with some distinctive mark to indicate the state.
[92 v. 109.]
(3056-11) SEC. 6. [Annual performance of duty.] The naval militia
shall perform the same amount of duty each year as required of the national
guard except such duty or any part of it may be performed afloat. [92 v. 109.]
(3056-12) SEC. 7. [Pay.] Officers and enlisted men of the naval
militia shall receive the pay of the same relative rank of officers and enlisted
men of the Ohio national guard, but they shall not receive any compensation
from the state for duty performed by way of instruction or drill or other-
wise, for which they shall receive compensation from the United States. Mar-
shals of naval courts shall receive the same compensation as marshals of simi-
lar courts in the national guard. [92 v. 109.]
(3056-13) SEC. 8. [Relative rank of officers; of men.] The rank
given in this act is naval rank. The relative rank of officers in the naval militia
and in the national guard is as follows: Captain with colonel; commander
with lieutenant-colonel; lieutenant-commander with major; lieutenant with
captain; lieutenant-junior grade with lieutenant; and ensign with second lieu-
tenant. The relative position of seamen shall be that of private in the national
guard and the relative position of petty officers in the naval militia and non-
commissioned officers in the national guard shall be determined by the com-
mander-in-chief. Seamen shall be rated of the first, second and third class by
the battalion commanders, who shall [also] have power to disrate. [92 v. 109.]
(3056-14) SEC. 9. [Courts-martial and other boards.] Delinquency
courts for enlisted men shall be appointed by the commanding officer of each
battalion for his command. An officer of the naval militia, or judge-advocate
of the national guard, may be assigned to act as judge-advocate of a general
court-martial or court of inquiry. General courts-martial, courts of inquiry
and delinquency courts for officers, may be wholly or partially composed of
1727
Tit. XV, Ch. 2.
ORGANIZATION.
(3056-15).
juniors in rank to the officer to be tried or investigated, where, in the judg
ment of the commander-in-chief, the interest of the service so requires.
Boards appointed for the naval militia shall be composed of officers of such
grade or rank as the commander-in-chief may determine for each occasion.
[92 v. 109.]
(3056-15) SEC. 10. [Powers of commanding officers.] In the case
of a company or division not a part of an organized battalion, the power exer-
cisable by the commanding officer of a battalion, including the power to
appoint delinquency courts for enlisted men and assistant surgeon, shall vest
in and be exercised by the captain of the naval militia, if there be one, and if
not, the commander-in-chief. [92 v. 109.]
(3056-16) SEC. 11. [Discipline and exercise; decision.] The system
of discipline and exercise of the naval militia shall conform generally to that
of the navy of the United States, prescribed by congress, except as otherwise
provided in this act; all matters relating to the organization, discipline and
government of the naval militia not otherwise provided for in this act, shall
be decided by the custom and usage of the United States navy. [92 v. 109.]
(3056-17) SEC. 12. [Rules for government and instruction.] The
commander-in-chief is hereby authorized to make such rules and regulations.
from time to time as he may deem expedient for the government and instruc-
tion of the naval militia, but such regulations shall conform to this act and
as nearly as practicable to those governing the United States navy; and when
promulgated they shall have the same force and effect as the provisions of this
act. The naval militia shall be subject to the articles and regulations for the
government of the United States navy, and to the same extent as, and under
the same circumstances as members of the national guard are subject to the
articles of war and regulations for the government of the United States army.
When not otherwise provided for the naval militia shall be governed by the
provisions of the military code as applied to the national guard. [92 v. 109.]
(3056-18) SEC. 13. [Armories.] Armories of the naval militia shall
be situated immediately on or near the navigable waters of the state, in such
position as best to promote the efficiency of the service. The word "armory"
as used in this act or any part of section 3085 Revised Statutes of Ohio, as now
in force made applicable to the naval militia, shall be held to include a vessel
anchored, moored or secured to the land while used only as an armory for the
purpose of instruction, drill and defense. [92 v. 109.]
(3056-19) SEC. 14. [Equivalence of devision and battalion.] The
division of each battalion in the naval militia shall be considered the equiva-
lent of companies of the national guard and the battalion shall be treated as
battalions in the national guard not as a part of a regiment. [92 v. 109.]
(3056-20) SEC. 15. [When companies may be raised.] The com-
panies composing the naval battalion may be raised as provided by law, when
the United States government is ready to furnish arms and equipments, and,
where practicable, a vessel of war for the performance of duty required by law.
[92 v. 109.]
But see Constit. of U. S., Art. I, 2 10, and treaty between United States and Great Britain as to ships of
war on the lakes.
(3056-21) SEC. 16. [Who shall be enrolled; voluntary enlistment.]
All male citizens of this state being eighteen years of age and under forty-five
years of age, and who are engaged in the navigation of the waters of the state
and of the waters adjacent thereto, except persons exempt by law, shall be
enrolled in the naval militia and perform military duty in the manner herein-
before prescribed; provided, however, that nothing in this section shall prohibit
any citizen not engaged in maritime pursuits from voluntary enlistment in
the naval militia of the state of Ohio. [92 v. 109.]
1728
§§ 3057-3063.
DISCIPLINE AND GOVERNMENT. Tit. XV, Ch. 3.
CHAPTER 3.
DISCIPLINE AND GOVERNMENT.
SECTION
3057. Laws, etc., governing national guard; tactics, etc.
3058. Code of regulations.
3059. Board of examiners; examinations.
3060. [Repealed.]
3061.
3062. [Repealed.]
[Repealed.1
3063. Courts-martial and of inquiry; findings, how re-
viewed.
SECTION
3064. Courts-martial and of discipline; appeal.
3065. [Repealed.]
3066. [Repealed.]
3067. Levy and collection of fines; arrests; detention of
person arrested.
3068. Suits for recovery of fines.
To whom to be paid.
3069.
SEC. 3057. [Laws, etc., governing national guard; tactics, etc.] The
national guard shall be governed by the military laws of the State, the orders.
of the commander-in-chief, the code of regulations, and shall conform, as near
as possible, to the system of discipline and administration prescribed from time
to time, for the army of the United States. The system of tactics and field
exercises from time to time ordered for the army of the United States shall
be the system of tactics and field exercises for the militia of this State. [1886,
April 28: 83 v. 95, 98; Rev. Stat. 1880; 74 v. 228, § 12.]
SEC. 3058. [Code of regulations.] The commander-in-chief shall be
authorized to make and publish such regulations as will increase the discipline.
and efficiency of the national guard. Whenever, in his judgment, it is neces-
sary, he may convene a board of not more than five officers, who shall prepare
or revise a code of regulations for the government and regulation of the
national guard. [1886, April 28: 83 v. 95, 98; Rev. Stat. 1880; 74 v. 230, § 15;
(S. & S. 453).]
SEC. 3059. [Board of examiners; examinations.] The commander-in-
chief shall appoint a board of examiners for each regiment, to consist of three
competent officers, who shall convene at such times and places as the com-
manding officer shall direct, and examine the military and general qualifications
of any persons who may be reported to such board for examination; and upon
the report of such board, if adverse to such person, and approved by the com-
mander-in-chief, he shall order the election or appointment of another person.
The commanding officer shall notify all persons elected or appointed to com-
missioned offices in his command, to appear before said board, giving them at
least two weeks' notice. [1886, April 28: 83 v. 95, 98; Rev. Stat. 1880; 74 v.
230, § 15.]
SEC. 3060. [Repealed 1886, April 28: 83 v. 95, 103. Former statutes: Rev.
Stat. 1880; 74 v. 234, § 31.]
SEC. 3061. [Repealed 1886, April 28: 83 v. 95, 103. Former statutes: Rev.
Stat. 1880; 74 v. 234, §31.]
SEC. 3062. [Repealed 1886, April 28: 83 v. 95, 103. Former statutes: Rev.
Stat. 1880; 74 v. 235, § 32.]
SEC. 3063. [Courts-martial and of inquiry; findings, how reviewed.]
The commander-in-chief may order courts-martial for the trial of officers and
enlisted men at such times as the interest of the service may require. Courts
of inquiry may be ordered by the commander-in-chief to examine into the
nature of any transaction of, or accusation or imputation against any officer or
soldier. General regimental courts-martial and courts of inquiry shall be organ-
ized and governed, as near as may be, in conformity with the articles of war,
1729
Tit. XV, Ch. 3.
DISCIPLINE AND GOVERNMENT.
§§ 3064-3068.
and the rules and regulations established for the government of the United
States army. The proceedings, findings, and sentence of general courts-mar-
tial shall, unless otherwise ordered by the commander-in-chief, be reviewed by
the judge-advocate-general. [1886, April 28: 83 v. 95, 98; Rev. Stat. 1880; 74 v.
238, § 47.]
SEC. 3064. [Courts-martial and of discipline; appeal.] The com-
manding officer of each regiment or battalion may appoint a regimental or
battalion court martial, to consist of a field-officer, for the trial of offenses that
are within the jurisdiction of a field-officer's court of the United States army;
and the commanding officer of a company, troop or battery may appoint a
court of discipline to consist of three enlisted men, who shall try and dispose
of minor offenses of enlisted men. The findings of a court of discipline may
be appealed to a field-officer's court. [89 v. 413; 83 v. 95, 98; Rev. Stat. 1880;
74 v. 238, § 47.]
SEC. 3065. [Repealed 1886, April 28: 83 v. 95, 103. Former statutes: Rev.
Stat. 1880; 74 v. 238, § 47.]
FINES AND DUES.
SEC. 3066. [Repealed 1886, April 28: 83 v. 95, 103. Former statutes: Rev.
Stat. 1880; 74 v. 235, 33.]
SEC. 3067. [Levy and collection of fines; arrests; detention of per-
son arrested.] The amounts which may be collected as dues and fines, shall
be fixed by the council of administration of each regiment and battalion, sub-
ject to the approval of the commander-in-chief. And the commanding officer
of any regiment, battalion, company, troop or battery, may arrest any member
of his command for the violation of any order, regulation or law for the gov-
ernment of the Ohio National Guard, and may authorize, in writing, any con-
stable or police officer of the city, village or township where such violation
occurs, to so arrest any such delinquent member; and such commanding officer
may turn over to any constable or police officer any member of his command
so arrested by him, and such constable or police officer shall hold such man so
arrested and in his custody until he has been tried by the proper court-martial
or has been discharged by proper authority, and for a period not exceeding
five days. Each commanding officer shall deduct from any pay received for
any member of his command the amount of all dues and fines due from said
member, for fines assessed by courts-martial, or in accordance with the pro-
visions of this title. [1887, March 21: 84 v. 217; 83 v. 95, 98; Rev. Stat. 1880;
74 v. 235, §32.]
SEC. 3068. [Suits for recovery of fines.] For all fines incurred under
the provisions of this title, not otherwise provided for, each commanding officer
shall, within five days after the penalty has been incurred, notify the delin-
quents of the amount of fines to which they have made themselves liable, and
if such delinquents shall neglect or refuse to pay these fines, or fail to excuse
themselves to the satisfaction of the commanding officer, within five days after
such notice is given, a list thereof, and of the delinquents, shall be placed in
the hands of justices of the peace within the townships in which the delin-
quents respectively reside, who shall thereupon render judgment against such
delinquents separately, together with the costs of suit, without issuing process
thereon, and shall issue execution thereon, without stay, directed to any con-
stable of said township, who shall collect the same without exemption, and the
money so collected, shall, after deduction of costs, be disposed of by such jus-
tices as provided in the next section. [1886, April 28: 83 v. 95, 99; Rev. Stat.
1880; 74 v. 235, 239, §§ 32, 47; (S. & S. 456).]
Under the justices' act of March 14, 1831 (29 v. 171), in suits before a justice to recover militia fine, the
parties were entitled to appeal to the common pleas: Wright v. Munger, 5 0. 441.
110
1730
§§ 3069-3073.
UNIFORM, ARMS, DRILL AND PAY. Tit. XV, Ch. 4.
SEC. 3069. [To whom to be paid.] All fines and dues shall be paid to
the treasurer of the battalion, regiment, company, troop or battery, for the use
of such organization. [1886, April 28: 83 v. 95, 99; Rev. Stat. 1880; 63 v. 70,
§ 48; (S. & S. 459).]
SECTION
3070. Uniforms.
3073. Adjutant-general to have control of all mili-
tary property of the state.
3071. Fatigue uniforms; military clothing board.
3072. Adjutant-general to have control of state
arsenal, and of property therein.
CHAPTER 4.
UNIFORM, ARMS, DRILL, AND PAY.
SECTION
3079. Rules in force during active service and encamp-
ment; exercises; violating bounds of encamp-
ment; penalty; sale, etc., of intoxicating liquors
near encampment; penalty.
3080.
Yearly payments to organizations.
3081.
Pay during actual service.
3074. Arms, equipment, etc.
3082.
Pay during encampments.
3075. Adjutant-general to purchase equipage and pre-
serve arms, equipments, and stores; adjutant-
general may convene board of survey.
3083.
Pay, etc., during actual service and encampments,
how paid.
3084.
Pay for service and attendance on courts-martial,
etc.
3085. Armories.
3085a. [Repealed.]
3076. Company, battalion, and regimental drills; in-
struction in tactics, etc.
3077. Public inspection.
3078. Time, place, and duration of encampment.
UNIFORM.
SEC. 3070. [Uniforms.] The fatigue and dress uniform and overcoat
of the officers and enlisted men shall conform and correspond with the uniform
prescribed for the United States army, except the coat of arms, which shall be
that of the state. [89 v. 413; 83 v. 95, 99; Rev. Stat. 1880; 74 v. 237, § 37.]
SEC. 3071. [Fatigue uniforms; military clothing board.] Every
clothing_board.]
enlisted man shall be furnished with a fatigue uniform, of the perscribed pat-
tern; such uniform shall remain and continue to be the property of the State,
to be used for military purposes only, and when issued shall be receipted for,
kept and accounted for in the same manner, and under the same securities as
provided for in this title, in the care of arms and equipments. The uniforms.
provided for in this section shall be purchased by a special appropriation for
that purpose, at a cost of not more than twelve dollars each. The adjutant-
general, quartermaster-general and senior colonel of infantry shall constitute a
military clothing board, to receive proposals and award all contracts for uni-
forms which may be required for the use of the active militia, which uniform.
shall be as prescribed and in accordance with the sample furnished. But such
contracts shall, after ten days' advertising in two newspapers of general circula-
tion in the state, be awarded to the lowest responsible bidder. [1886, April 28:
83 v. 95, 102; 78 v. 287, 288; Rev. Stat. 1880; 74 v. 237, § 37.]
ARMS.
SEC. 3072. [Adjutant-general to have care of state arsenal and of prop-
erty therein.] The adjutant-general shall have the care of the state arsenal,
and the arms, accoutrements, ammunition, and other property of the state
within and appertaining to the same; and he shall employ such labor thereat
as, in the opinion of the governor, the necessities and best interests of the state
require; but no arms shall be taken from the arsenal for the use of any military
or other organization without the written consent of the governor. [64 v. 228
(§ 11); S. & S. 462.]
SEC. 3073. [Adjutant-general to have control of all military property
of the state.] The adjutant-general shall, subject to the order of the governor,
have control of all public arms, ammunition, accoutrements, camp and garrison
1731
Tit. XV, Ch. 4. UNIFORM, ARMS, DRILL AND PAY. §§ 3074-3076.
equipage, and military stores belonging to the state; and he shall provide for
the collection and recovery of all arms and equipments belonging to the state
in the possession of any person or persons not authorized to retain the same.
[73 v. 173, § 10; 74 v. 237, § 38.]
SEC. 3074. [Arms, equipment, etc.] Every regiment, battalion, com-
pany, troop or battery organized under the provisions of this act, shall be fur-
nished with the necessary arms and equipments on application to the adjutant-
general, and on delivering to him a sufficient bond to the State, approved by
the probate judge of the county in which such regiment, battalion, company,
troop or battery is situated, signed by the officer commanding such organiza-
tion, for the safe-keeping and return of the same whenever required by the
commander-in-chief. Such arms and equipments shall be receipted for by
each officer receiving the same, to be held and accounted for as public prop-
erty. [1886, April 28: 83 v. 95, 99; Rev. Stat. 1880; 73 v. 173, § 10.]
SEC. 3075. [Adjutant-general to purchase equipage and preserve
arms, equipments, and stores; adjutant-general may convene board of
survey.] The adjutant-general may, after the appropriations are made for
that purpose, purchase and keep ready for use, or issue to the troops, as the
best interests of the service require, such amount and kinds of camp and garri-
son equipage as may be necessary; he shall see that all arms, munitions of war,
camp and garrison equipage, and like stores belonging to the state, are properly
cared for, and kept in good order for use; and all accounts which accrue
against the state under the provisions of this section shall if correct, be certified
by the adjutant-general, countersigned by the governor, and paid out of the
state treasury as other claims are paid. When any of the arms, camp and gar-
rison equipage or quartermaster stores, belonging to the state become unser-
viceable, he may convene a board of survey, consisting of not less than three
commissioned officers of the Ohio national guard, who shall inspect the same,
and if found unserviceable they may be condemned by said board. The adju-
tant-general is hereby authorized to sell any condemned ordnance or quarter-
master's stores belonging to the state, the sums realized from the sale[s] thereof
to be turned into the state treasury, to be credited to the fund appropriated for
the purchase of uniforms for the Ohio national guard; or he may, in his dis-
cretion, exchange such condemned stores for such other ordnance or quarter-
master's stores as the interests of the service may require, for the use of the
Ohio national guard; and the adjutant-general shall make a detailed report of
such sales, purchases or exchanges to the governor, stating each article sold,
purchased or exchanged, and the prices fixed for the same, which report shall
be published in the annual report of the adjutant-general. When the quarter-
master-general is on duty by order of the governor, he shall perform the duties
assigned to the adjutant-general by this section; and accounts, as aforesaid,
certified by him as correct, and countersigned by the governor, shall be paid as
herein provided. [1881, April 19: 78 v. 287, 289; Rev. Stat. 1880; 74 v. 237,
$38.]
DRILLS AND ENCAMPMENTS.
SEC. 3076. [Company, battalion, and regimental drills; instruction
in tactics, etc.] Each company of national guard shall assemble for drill and
instruction at least once each week, and the commanding officer of each regi-
ment and battalion shall inspect each company of his command at least twice
in each year, or detail a field-officer for that purpose. The commanding offi-
cer of each regiment and battalion shall call meetings of the commissioned
officers of his command, at the place most convenient, at least once in each
quarter for instruction in tactics, and customs of the service; but nothing in
1732
$$ 3077-3080.
UNIFORM, ARMS, DRILL AND PAY. Tit. XV, Ch. 4.
this section shall be construed as allowing compensation for attendance at
such meetings. [89 v. 413; 83 v. 95, 99; Rev. Stat. 1880; 74 v. 233, § 30.]
SEC. 3077. [Public inspection.] The adjutant-general, or an officer act-
ing under his authority, shall publicly inspect each company, troop, and bat-
tery twice in each year-once in and including its armory, and once during
the encampment, or at some other suitable time. [74 v. 233, § 30.]
SEC. 3078. [Time, place, and duration of encampment.] The national
guard shall encamp not less than six nor more than eight days in each year;
and unless the commander-in-chief prescribes the time, place and manner of
assembling the troops for that purpose, the commander of each regiment, bat-
talion, troop and battery, shall order an encampment of his command at some
time during the months of May, June, July, August, September or October,
upon such date as shall be approved by the commander-in-chief. [1886, April
28: 83 v. 95, 103; 81 v. 98; 78 v. 287, 289; Rev. Stat. 1880; 74 v. 233, §30.]
See 88 v. 561.
SEC. 3079. [Rules in force during active service and encampment;
exercises; violating bounds of encampment; penalty; sale, etc., of intoxi-
cating liquor near encampment; penalty.] Whenever any portion of the
national guard shall be ordered into active service, or while on duty at any
encampment, the rules and articles of war and general regulations for the
government of the army of the United States shall be considered in force,
and regarded as a part of this act, during the continuance of such service.
While in camp the troops shall be thoroughly exercised in military drill, and
in the routine of camp duty. The commanding officer of an encampment
may fix certain bounds, not including any public road, within which no spec-
tator shall enter without leave; and whoever intrudes within such limits, when
forbidden to do so, or after entering by permission conducts himself in a dis-
orderly manner, or whoever resists a sentry or guard, acting under orders to
prevent such entry, or to prevent disorderly conduct, may be arrested by the
commanding officer, or by his order, and taken before a justice of the peace of
the proper township, and, upon conviction of the offense, shall be fined not
more than fifty nor less than ten dollars and the costs of prosecution, and com-
mitted until such fine and costs are paid. Or, if any person shall temporarily
erect any stand, booth or other structure for the purpose of exposing for sale,
giving, bartering, or otherwise dispose of any spirituous or other intoxicating
liquors whatsoever, at or within a distance of one mile from any such parade
or encampment, he may be put immediately under guard, and kept at the dis-
cretion of the commanding officer; and such commanding officer may turn over
such person to any police officer or constable of the city, township, or town
wherein such duty, parade or drill, encampment or meeting is held, for exam-
ination or trial before any court of justice having jurisdiction of the place.
[1886, April 28: 83 v. 95, 100; Rev. Stat. 1880; 73 v. 233, § 30.]
PAY.
SEC. 3080. [Yearly payments to organizations.] Upon the approval
of the adjutant-general, there shall be allowed, annually, for care of State prop-
erty, and other necessary expenses, to each regimental headquarters, the sum of
two hundred dollars, to each regimental band, company of infantry and troop
of cavalry, the sum of one hundred dollars; to each battery the sum of fifty
dollars for each gun, to be paid in accordance with section three thousand and
seventy-five to the order of the commanding officer of each regiment, battalion,
company, troop and battery. Such commanding officer shall pay the same to
the treasurer of the regiment[al] band, company, troop or battery, taking his
receipt therefor in duplicate, and a copy of which shall be returned to the
adjutant-general. When the sum appropriated for such purpose is not suffi-
cient for the full allowance of said amounts to each of such organizations
1733
Tit. XV, Ch. 4. UNIFORM, ARMS, DRILL AND PAY.
§§ 3081-3084.
aforesaid, the adjutant-general shall apportion the amount appropriated pro
rata to said several organizations in the State. [1886, April 28: 83 v. 95, 103;
80 v. 93; Rev. Stat. 1880; 74 v. 235, § 34.]
SEC. 3081. [Pay during actual service.] Officers and enlisted men of
the national guard shall receive pay for their services at the following rates:
When in actual service, in case of riot or insurrection, or whenever called upon
in aid of the civil authorities, each commissioned officer shall receive such sum
per day for each day's service performed as is allowed commissioned officers of
the same grade in the army of the United States, together with the necessary
transportation; and each enlisted man shall receive two dollars for each day's
service performed, together with the necessary transportation, commissary and
quartermaster stores, and medical supplies; and for all horses of enlisted men
there shall be paid two dollars per day for each horse necessarily used by them
for each day's service performed. [1886, April 28: 83 v. 95, 102; 78 v. 287, 289;
Rev. Stat. 1880; 74 v. 236, § 35; (S. & C. 456).]
SEC. 3082. [Pay during encampments.] Officers and enlisted men
shall receive pay for each day actually spent by them on duty at the annual
encampments at the following rates, together with all necessary transportation,
quartermaster's stores and medical supplies: For each day's service each colonel
shall receive four dollars and fifty cents, each lieutenant colonel shall receive
four dollars, each major and each quartermaster shall receive three dollars and
fifty cents, each captain and regimental adjutant mounted shall receive two dol-
lars and seventy-five cents, each captain, not mounted, shall receive two dollars
and fifty cents, each first lieutenant, mounted, shall receive two dollars and twen-
ty-five cents, each first lieutenant, not mounted, each battalion adjutant and
each second lieutenant, mounted, shall receive two dollars, and each second lieu-
tenant, not mounted, shall receive one dollar and seventy-five cents, together with
the same allowance for subsistence as is provided for enlisted men. For each
day's service performed each enlisted man shall receive one dollar, and a com-
mutation of rations at the rate of forty cents a day; and for all horses used by
field and staff officers and ambulance, and for officers and enlisted men of cavalry
and artillery, not to exceed forty for a troop of cavalry, twenty-four for a two-
gun battery and forty-five for a four-gun battery, there shall be paid one dollar
and fifty cents per day for each horse for six days. The quartermaster and com-
missary, non-commissioned officers and enlisted men of the quartermaster's
corps, to be limited to such extra days' service and pay as may be actually neces-
sary in arranging for, preparing and breaking camp, and not to exceed six extra
days in all before and after the encampment; the extra days' service of each
officer and man to be evidenced by time schedule report, to be made by the
quartermaster to the adjutant general, showing where and when and by whom
such extra duty was performed. [93 v. 241; 83 v. 95, 102; 78 v. 287, 290.]
SEC. 3083. [Pay, etc., during actual service and encampments, how
paid.] Payment under the last two sections shall be made on the pay-rolls
prepared according to such forms as the adjutant-general shall direct, upon
warrant of the adjutant-general, approved by the governor, out of moneys in
the treasury appropriated for that purpose; and the necessary commissary and
quartermaster stores, and medical supplies, and transportation for the troops
in actual service, and, while attending the annual encampment, shall be con-
tracted for by the proper department officers, by direction of the commander-
in-chief, and paid for in like manner. [1886, April 28: 83 v. 95, 100; Rev. Stat.
1880; 74 v.236, § 35.]
SEC. 3084. [Pay for service and attendance on courts-martial, etc.]
Compensation for service and attendance upon courts-martial and courts of
inquiry appointed by the commander-in-chief, shall be as follows: The judge-
advocate and members shall receive three dollars each for each day's attend-
ance, and five cents per mile for traveling to and from sessions; provost-mar-
1734
$$ 3085-3085a.
UNIFORM, ARMS, DRILL AND PAY.
Tit. XV, Ch. 4.
shals shall be allowed for their services the same as sheriffs are allowed for
similar services, and witnesses shall receive fifty cents for each day's attendance,
and five cents per mile for traveling to and from sessions. Vouchers for such
compensation shall be certified as correct by the president of the court or board,
approved by the adjutant-general, and audited and paid as other accounts
against the State. [1886, April 28: 83 v. 95, 100; Rev. Stat. 1880; 70 v. 230, 238,
§§ 15, 47.]
SEC. 3085. [Armories.] The state acting through the adjutant-general
and the commanding officers of the different military organizations of the
state, shall provide a suitable armory for each organization for the purposes of
drill and for the safe-keeping of the arms, equipments, uniforms, and other
military property furnished by the state; which armory shall be inspected and
approved by an officer detailed by the commander-in-chief, whose report shall
be placed on file in the office of the adjutant-general, and that the sum of three
hundred dollars per year is allowed to each company, battery and troop and
three hundred dollars to each regiment and separate battalion headquarters to
pay the necessary rental and expenses of such armory each year which sums
shall be paid to the commanding officer of each company, battery, troop,
separate battalion, and regiment each year, but before the same is paid such
officer shall execute a bond to the state of Ohio in double the amount thereof,
conditioned for the proper expenditure of the same and to account for any bal-
ance left on hand unexpended, and the sum of five hundred dollars shall be
paid to the adjutant-general each year to pay for the expenses of inspecting
such armories and for seeing to the proper securing, distribution, and expendi-
ture of said funds; which said sums shall be provided for by general appro-
priation. [92 v. 213; 91 v. 100; 90 v. 367; 89 v. 413; 83 v. 95, 101; Rev. Stat.
1880; 74 v. 235, §34.]
3085 as it stood in 1892 was held unconstitutional and also too vague to be enforcible: State v. Brink-
man, 7 C. C. 165.
The amendment of 1893 was also held unconstitutional: State v. Kreighbaum, 9 C. C. 619.
An armory for the national guard is a state purpose and taxes for must be levied on all the property in
the state and a local law for an armory at local expense, is void: Hubbard v. Fitzsimmons, 57 O. §. 436.
SEC. 3085a. [Expenses of armories; building of; allowance by state.
91 v. 100; repealed, 92 v. 213.]
As to use of armory by the police force in cities of the first grade, first class (86 v. 243),
see ? (2030-10).
Armory-Franklin county for establishment of, 87 v. 539.
Armory-Lucas county for establishment of, 87 v. 598.
Armory-In Cuyahoga county to establish a, 90 L. L. 115.
Unconstitional, because it controvenes Act XII, Sec. II, of the Const.: Hubbard, treasurer v. Fitzsimmons,
57 O. 8. 436.
Farmers institute may use armory in Ashland county, 88 v. 427.
1735
Tit. XV, Ch. 5.
MISCELLANEOUS PROVISIONS.
§§ 3086-3089.
SECTION
CHAPTER 5.
MISCELLANEOUS PROVISIONS.
SECTION
3086. When governor may call for volunteers.
3087. How volunteers to be officered and governed.
3088. Volunteers temporarily enlisted retained not longer
than thirty days.
3089. When the governor may order draft.
3090. Who are subject to draft.
3098. How the men must be notified to appear.
3099. Penalties for disobedience of orders.
3100.
Adjutant-general to supply blank forms of re-
ports, etc.
3101. Adjutants and orderly-sergeants to record re-
turns.
3091. Organization, pay, and government of drafted
3102.
Quarterly returns.
men.
3103.
3092. How drafts conducted.
Governor may require certain reports to be
made.
3093. Notice to drafted men, and discharge for ex-
emption.
3104.
What officers shall give bonds.
3105.
Treasurer's bond.
3094.
Substitutes.
3106.
3095. When a drafted man is a deserter.
Copies of this title to be printed and dis-
tributed.
3096. When militia required to aid civil authority.
3097. Must obey the call of the civil authority.
3107.
Penalty for breaking into military store-houses.
VOLUNTEERS.
SEC. 3086. [When governor may call for volunteers.] In case of war,
invasion, insurrection, riot, or any forcible obstruction to the execution of the
laws, or reasonable apprehension thereof, the governor, if he deem the organized
militia insufficient to defend the state, or to aid the civil authorities to enforce
the laws, may, in his discretion, either call for volunteer recruits to temporarily
fill companies, troops, and batteries of the organized militia to the maximum
strength, or authorize the temporary organization of volunteer companies,
troops, or batteries, or he may do both. [63 v. 70, § 49; S. & S. 459.]
SEC. 3087. [How volunteers to be officered and governed.] Volun-
teer recruits temporarily attached to existing organizations, as provided in the
last section, shall be subject to the orders of the officers thereof while in the
service; the governor shall commission officers for the new organizations pro-
vided for in said section, and in doing so shall have due regard to the choice
of a majority of the members thereof, which shall be ascertained in such man-
ner as he may prescribe, without delay or detriment to the object for which the
organizations are required; and such commissions shall terminate when the
organizations are disbanded. The governor may prescribe such lawful rules
and regulations for the government of such temporary organizations as he may
deem necessary, conforming, as near as practicable, to established military rules.
[63 v. 70, § 49; S. & S. 459.]
SEC. 3088. [Volunteers temporarily enlisted retained not longer than
thirty days.] The volunteers temporarily enlisted under the provisions of
section three thousand and eighty-six, whether attached to existing or formed into
new organizations, may be retained under such enlistment not longer than
thirty days, but shall be discharged as soon as the emergency for which they
were required has passed; and while in such service they shall be subject to the
same discipline and penalties, and receive the same pay as the regular organ-
ized militia. (63 v. 70, § 49.) [1880, March 9: 77 v. 55; Rev. Stat. 1880; (S.& S.
459).]
DRAFTS.
SEC. 3089. [When the governor may order draft.] In any case men-
tioned in section three thousand and eighty-six, if, in the opinion of the governor,
the volunteer recruits and temporary organizations are insufficient, or it is
inexpedient to call for volunteers, he may order a sufficient number of persons.
1736
§§ 3090-3096.
MISCELLANEOUS PROVISIONS.
Tit. XV, Ch. 5.
not already in service, to be drafted from the enrolled militia, in the manner
provided in this chapter; and when, in his opinion, the emergency, to meet
which volunteers have been called for, may continue for more than thirty
days, he may on or before the expiration of that period, order a draft as
aforesaid. [63 v. 70, § 50; S. & S. 459.]
SEC. 3090. [Who are subject to draft.] Persons enumerated in section
three thousand and twenty-nine shall be subject to draft in case of war, insurrec-
tion, or invasion, or the reasonable apprehension thereof, but in no other case.
[63 v. 70, § 50; S. & S. 459.]
SEC. 3091. [Organization, pay, and government of drafted men.]
Persons drafted, as provided in section three thousand and eighty-nine, shall either
be attached to existing, or formed into new organizations, as provided in regard
to volunteers enlisted for temporary service; they may be retained in the
service for any period not exceeding one hundred days, under any draft; and
they shall receive the same pay, and be subject to like government, as the
regular organized militia. [63 v. 70, § 50; S. & S. 459.]
SEC. 3092. [How drafts conducted.] All drafts ordered by the gov-
ernor shall be determined by lot, to be drawn by the county auditor, in the
presence of the probate judge, commissioners, clerk, sheriff, township trustees,
or the trustees or councilmen of any municipal corporation, or any two of the
same, residing in any specified territory within the bounds of which the draft
is being made. [63 v. 70, § 53; S. & S. 460.]
SEC. 3093. [Notice to drafted men, and discharge for exemption.]
A drafted person shall be notified of the fact by the county auditor, without
delay, and directed to report at a rendezvous, within a specified time, the place
and time to be named in the notice; and if he has a certificate of exemption,
or other proof of non-liability to military duty, duly verified, he may present
the same to the auditor within five days after receiving such notice; and if the
auditor decide that such person is exempt, or not liable, he shall be discharged,
and another person shall be drafted in his stead. [64 v. 70, § 54; S. & S. 460.j
SEC. 3094. [Substitutes.] A drafted person may offer a person as a
substitute, at the time of the rendezvous mentioned in the last section; and
such person, if he is able-bodied, is not less than eighteen years of age, and
consents voluntarily to subject himself to the discipline and penalties appli-
cable to the organized militia, shall be accepted as a substitute for the principal.
[63 v. 70, § 55; S. & S. 460.]
SEC. 3095. [When drafted man is a deserter.] A drafted person who
does not present to the county auditor a certificate of exemption or non-liabil-
ity, and who refuses, or, without a good and sufficient excuse, fails to report in
person at the time and place named in the notice required by section three
thousand and ninety-three, shall be deemed guilty of desertion, and punished as
other deserters.
RIOTS.
SEC. 3096. [When militia required to aid civil authority.] When-
ever, in any county, there is a tumult, riot, mob, or any body of men acting
together with intent to commit a felony, or to do or offer violence to person or
property, or by force and violence to break or resist the laws of the state, or
there is reasonable apprehension thereof, the commander-in-chief, the sheriff of
the county, the mayor of any municipal corporation therein, or a judge of any
court of the state or United States, may issue his call to the commanding officer
of any regiment, battalion, company, troop, or battery, to order his command,
or any part thereof, describing the same, to be and appear, at a time and place
therein specified, to act in aid of the civil authority. [63 v. 70, § 43; S. & S.
458; (S. & C. 457).]
1737
Tit. XV, Ch. 5.
MISCELLANEOUS PROVISIONS.
§§ 3097-3102.
SEC. 3097. [Must obey call of the civil authority.] The officer to
whom the call is directed shall forthwith_order the troops therein mentioned
to parade at the time and place appointed; and if he neglect or refuse to obey,
or if any officer refuse or neglect to obey any order issued in pursuance of such
call, he shall be cashiered, and be further punished by fine, and imprisonment
not exceeding six months, as a court-martial may adjudge; and an enlisted
man who neglects or refuses to appear at the place of parade, or to obey any.
order issued in such case; or a person who advises or endeavors to persuade an
officer or soldier to refuse or neglect to appear at such place, or to obey such
order, shall be imprisoned not exceeding six months, or fined not exceeding
one thousand dollars, or both. [63 v. 70, § 44; S. & S. 458.]
SEC. 3098. [How the men must be notified to appear.] Whenever the
commanding officer of a company, troop, or battery orders out his command
for such duty, he may order enlisted men to notify the men enrolled in such
organization to appear at the time and place appointed, who shall give notice
of such time and place of meeting, to each man personally, or by leaving at
his usual place of abode a written or printed order, signed by the enlisted man
serving the same, which notice shall be a sufficient warning. [74 v. 227 (238),
§ 45; (S. & S. 458).]
SEC. 3099. [Penalties for disobedience of orders.] Every enlisted
man who refuses or neglects to serve such notice, when duly ordered so to do,
and every officer or enlisted man who, having been served with notice as pro-
vided in the preceding section, refuses or neglects to obey the same promptly,
shall pay not less than ten nor more than one hundred dollars, as may be
adjudged by a court-martial. [63 v. 70, § 46; S. & S. 458; (S. & C. 456).]
REPORTS.
SEC. 3100. [Adjutant-general to supply blank forms of reports, etc.]
The adjutant-general shall furnish to commandants of regiment [s], battalions,
troops, batteries, and unattached companies, blank forms of rolls, bonds, and
the different returns required to be made to him; he shall, from time to time,
explain the principles upon which returns should be made, and may make
such general regulations concerning the organization and government of the
militia as will best promote the discipline and order thereof, and supply such
practical details as are required to make the organization systematic and com-
plete; and he shall keep the papers, volumes, and records of the department in
an office in the state-house, and make, and submit to the governor, before each
meeting of the general assembly, a report of all matters coming within his
department. [63 v. 70, § 42; S. & S. 457.]
SEC. 3101. [Adjutants and orderly sergeants to record returns.]
Adjutants of regiments and battalions, and orderly-sergeants of troops, bat-
teries, and unattached companies, shall attend to, and record in a book to be
provided for that purpose, all returns made, and perform such other duties as
may, from time to time, be required of them by the commandant of the organi-
zation. When any adjutant or orderly-sergeant is absent, the commandant
shall appoint a suitable person to perform his duties. [63 v. 70, § 41; S. & S.
457.]
SEC. 3102. [Quarterly returns.] On the last week-day of the month of
March, June, September, and December, in each year, commandants of com-
panies, troops, and batteries shall send, through the proper military channel, to
the adjutant-general, a report of all officers and enlisted men under their com-
mand; and they shall, at the same time, make to the adjutant-general direct a
return of all camp and garrison equipage, public arms, accoutrements, and ord-
nance stores belonging to such organizations. All such returns shall be pre-
1738
§§ 3103-3107.
MISCELLANEOUS PROVISIONS.
Tit. XV, Ch. 5.
served by the adjutant-general, and recorded in books of record in his office.
[73 v. 176, §28; (S. & S. 455).]
1
SEC. 3103. [Governor may require certain reports to be made.]
Every officer, or other person, having the custody or control of military prop-
erty of the state, or money of the state to be used in the military service, or
having control of the transportaion or subsistence of the militia of the state,
shall, from time to time, make report, in such form, and to such department, as
the governor may require. [58 v. 104, §1; S. & S. 462.]
A colonel is not liable upon orders drawn on a regimental paymaster: Smurr v. Forman, 1 O. 272.
SEC. 3104. [What officers shall give bonds.] All officers commis-
sioned under this title, in whose hands shall be placed public moneys or other
public property, shall give bonds in the sum not to exceed four thousand dol-
lars for a company commander, and five thousand dollars for a regimental
quartermaster, and all other officers such sums as the commander-in-chief
may direct, conditioned faithfully to account for all public moneys and prop-
erty which they may receive. The commander-in-chief may at any time
increase the sum so prescribed. [1886, April 28: 83 v. 95, 101; Rev. Stat.
1880; 58 v. 104, § 1; (S. & S. 462).]
SEC. 3105. [Treasurer's bond.] Every person elected or appointed to
have the custody of any fund of any military organization shall, before receiv-
ing such fund, enter into bond annually in twice the amount likely to be in
his hands at any time, but not less than five hundred dollars, with at least two
good and sufficient sureties, to be approved by a probate judge of the proper
county, payable to the State of Ohio, for the use of such organization, for the
faithful discharge of his duty, and the careful keeping and disbursement of
such fund as directed by the council of administration of such organization.
[1886, April 28: 83 v. 95, 101; Rev. Stat. 1880; 74 v. 237, § 39.]
SEC. 3106. [Copies of this title to be printed and distributed.] The
governor shall, from time to time, cause such number of copies of this title as
he may deem necessary to be printed; and the same shall be distributed to the
force by the adjutant-general. [74 v. 239, § 57; (S. & S. 460).]
SEC. 3107. [Penalty for breaking into military store-houses.] Who-
ever, in the day or night season, breaks and enters any building where military
property of the state or of the United States is kept, shall be deemed guilty of
burglary, and punished accordingly. [63 v. 70, § 40; S. & S. 457.]
St
!
1739
Tit. XV.
MILITARY AFFAIRS.
Ch. 6.
CHAPTER 6.
SECTION
BOUNTIES.
MILITARY AFFAIRS.
3107-1. Bounty for re-enlisted veteran volunteers.
3107-2. Or the families of those who have died.
3107-3. Bonds, how executed.
3107-4. Tax to pay same.
3107-5. Construction of bounty act.
3107-6. Evidence in bounty cases.
3107-7. Certain documents as evidence.
3107-8. Application of two preceding sections.
STATISTICS.
3107-9. Bureau of military statistics.
3107-10. Clerks.
3107-11. Appropriation.
MONUMENTS AND MEMORIALS.
3107-12. Disposition of property held in trust for
soldiers' monument.
3107-13. Number of trustees.
3107-14. Court may enforce settlement.
3107-15. Discretion of trustees as to monument.
3107-16. Tablets and inscriptions.
3107-17. Reports of trustees, and filling vacancies.
3107-18. Property exempt from taxation.
3107-19. Townships, cities, and villages may assist in
building monuments.
3107-20. Question of issuing bonds must be sub-
mitted to vote.
3107-21. Proceedings on affirmative vote.
3107-22. Duty of trustees in the erection of monu-
ment.
3107-23. Levy of tax to pay bonds.
3107-24. Vote to be taken on request of 20 citizens.
3107-25. Trustees of soldiers' monument association
may issue bonds.
3107-26. Interest, and amount of bonds.
3107-27. How executed.
3107-28. Rent applied to payment.
3107-29. Sale of bonds.
3107-30. Bonds may be issued to complete soldiers'
monuments.
3107-31. Time of payment; interest.
3107-32. By whom signed.
3107-33. Payment of bonds.
3107-34. Sale of bouds.
3107-36. Erection of monuments.
3107-35. Gifts for soldiers' monuments
3107-37. Commissioners may submit question to
legal voters.
SECTION
3107-38. County commissioners authorized to sub-
mit question of tax for soldiers' monu-
ment to vote of electors.
3107-39. How tax to be levied, collected, and ex-
pended.
3107-40. Balance of bounty fund to be transferred to
soldiers' monumental association.
3107-41. Commissioners of Lucas county to restore
moneys to bounty fund.
3107-12. May acquire, use, and occupy real estate.
3107-43. Relieving soldiers' memorial associations
from taxation.
3107-44. When council of certain cities may rent
hall of soldiers' memorial association for
an armory; advance of rent and issue
of bonds.
BURIALS.
3107-45. Burial of indigent soldiers and sailors and
their mothers, wives or widows and army
nurses.
3107-46. Duties of persons appointed to have charge
of such burial: exception.
3107-47. Payment of expense.
RELIEF.
3107-48. Preference of appointment in public serv-
ice to be given to honorably discharged
soldiers and sailors.
3107-49. Penalty.
3107-50. Levy of tax for relief of indigent soldiers
and sailors.
3107-51. Soldiers' relief committee; how appointed;
list of persons entitled to relief to be
made; determination of amount neces-
sary for such relief.
3107-52. Soldiers' relief commission.
3107-53. Duties of commission; disbursements; al-
lowance may be increased, decreased, or
discontinued; immediate relief may be
granted in certain cases.
3107-54. Payment of commissioners' expenses.
DEPOSITIONS, ACKNOWLEDGMENTS, AFFIDAVITS, ETC.
3107-55. U. S. army officers can take depositions,
affidavits, acknowledgments, etc.
3107-56. Manner of taking depositions.
3107-57. Validity of oath thus taken.
3107-58. Fees for above.
Providing a fund to pay amounts due from the counties of the state for subsistence
furnished to encampments under the act of April 14, 1863; 61 v. 110; 60 v. 97, see 62 v.
15 (S. & S. 461).
•
Commissioners to examine military claims against the state (see 62 v. 121); classes of
claims to be considered, organization of the board and its duties, powers, etc., see 63 v. 157
(S. & S. 165).
Supplementary act, 68 v. 10.
Limitation for reception of claims, 69 v. 184.
Commissioners to examine Morgan raid claims, their duties, etc., see 61 v. 85 (S. & S.
466); 65 v. 129 (S. & S. 467); 75 v. 528.
County tax in 1861 for relief to volunteers' families, see 58 v. 132 (S. & S. 467).
Same for 1862, see 59 v. 9 (S. & S. 468).
Same for 1863, see 60 v. 18 (S. & S. 469).
Same for 1864, see 61 v. 15 (S. & S. 471); 11 was amended 61 v. 132 (S. &. S. 472).
Same for 1865, see 62 v. 81 (S. & S. 474).
Distribution of relief fund among counties of state, 63 v. 130 (S. & S. 476).
Surplus township funds may be used to relieve volunteers' families, see 61 v. 24 (S. &
S. 472).
1.740
§ (3107-1).
MILITARY AFFAIRS.
Surplus levies for bounties, see 62 v. 165 (S. & S. 472).
Tit. XV, Ch. 6.
Tax to refund money borrowed or pledged for local bounties, 64 v. 79 and 65 v. 95.
Soldiers' relief fund transferred to sinking fund, 63 v. 38 (S. & S. 480).
Balances for local bounties transferred to other county funds, 63 v. 40 (S. & S. 480).
State military funds distributed to the counties, 63 v. 137 (S. & S. 480).
Balances of relief or bounty funds transferred to other township funds, 63 v. 113 (S. &
S. 481).
Bureau of soldiers' claims and military claim agents abolished, 64 v. 178 (S. & S. 482).
Unclaimed checks and certificates to be transferred to U. S. treasury, 66 v. 50.
School and university privileges secured to persons who enlisted while minors, 63 v. 63
S. & S. 483).
Statistics for Ohio's rebellion record to be collected, 63 v. 170 (S. & S. 484).
Time of service not to be computed in bar of actions, see 60 v. 65.
Adjustment of Ohio's war claims against the U. S., 80 v. 122.
Adjutant-general to enclose flags, etc. with nets, 92 v. 140.
Licenses to peddle to ex-soldiers, 24398a and b.
Wearing grand army button, ? (7088—1).
BOUNTIES.
(3107-1) SEC. 1. [Bounty for re-enlisted veteran volunteers.] The
commisioners of the several counties, the trustees of the several townships, and
the city council of the several cities of this state, are hereby authorized and re-
quired to issue to each re-enlisted veteran volunteer who has heretofore been
credited, as shown by the muster and descriptive rolls, or otherwise, upon the quota
of such county, township, or city, or any ward of such city, under any requisition
of the president of the United States for volunteers during the late rebellion, and
who has not received any local bounty upon said enlistment, a warrant for the
sum of one hundred dollars, or a bond for a like sum bearing six per cent.
interest, redeemable at the pleasure of such commissioners, trustees, city coun-
cils, one year after the date thereof; and when such veteran volunteer has been
credited upon the quota of the state at large, or has been so indefinitely credited
as that the credit could only pass to the state as shown by the muster and
descriptive rolls, then the auditor of state is hereby authorized and required to
issue his warrant upon the state treasury to such volunteer for the sum of one
hundred dollars, which shall be paid by the treasurer of state out of any funds
in the treasury not otherwise appropriated; and in all cases where such vol-
unteer has received a bounty of less sum than one hundred dollars on such
enlistment, then it shall be the duty of the state auditor, county commis-
sioners, township trustees, or city councils, as the case may be, to issue a war-
rant, or bond, as above specified, to such volunteer for the difference between
the amount already received, and the amount he would by this act be entitled
to receive, if he had not received any such bounty. To determine the number
of those credited to congressional districts, that properly belong to each county
of the district, the adjutant-general is hereby required to apportion, among the
several counties of each district, the number so assigned, in proportion to popu-
lation, and notify the county commissioners of the number assigned to their
several counties; the commissioners shall then proceed as required in this
'section; provided, that any county having previously paid the bounty to
any volunteer credited to the congressional district, shall deduct the amount
so paid from the amount to be levied on said county; provided, however, when
the muster and descriptive rolls were not received by the adjutant-general in
time for the credit therein shown to be applied upon any quota, then the audi-
tor of state shall issue his warrant on the state treasury in favor of such soldier,
as in the case of credits to the state at large. And in all cases where the com-
missioners of any county, the trustees of any township, or the council of any
city, in this state, has promised to any volunteer, under any requisition of the
president, a bounty, and such volunteer has received from such county,
ship, or city, in settlement of such a bounty, or any part thereof, any bond,
town-
1741
Tit. XV, Ch. 6.
MILITARY AFFAIRS.
§ (3107—2).
certificate, scrip, or promise to pay, in writing, by the provisions of which pay-
ment was to be made, in case any subsequent legislation should authorize such
commissioners, trustees, or council to levy a tax for the payment of the same,
and such bond, certificate, scrip, or promise in writing has not been paid for
want of such authority by the legislature, or for any other reason, and said
bond, certificate, scrip, or promise in writing, has not been by such volunteer
sold or assigned, then such commissioners, trustees, or council shall issue to
such volunteer, or in case of his death, then to his legal representatives, a war-
rant for the amount of said bond, certificate, scrip, or promise in writing,
together with the interest thereon from the date of issue thereof, or a bond for
a like sum, redeemable as herein provided; and in case of the loss or destruc-
tion of said bond, certificate, scrip, or promise in writing, the person entitled
thereto shall make affidavit of said loss or destruction, and that the same has
not been sold or assigned before such person shall receive said warrant or bond
as aforesaid; provided, that this act shall not be construed so as to allow any
such re-enlisted veteran volunteer who has already received the bounty pro-
vided for by the act to which this is amendatory, or who has received one
hundred dollars bounty from the state or any county, township, or city under
any prior act; nor shall lapse of time or state equities be set up as a defense
to any claim made under this act, or of any act to which this is amendatory,
or any act relating to this subject, and where said trustees of townships, city
councils or county commissioners have not issued said bond, certificate or
promise in writing, to such re-enlisted veteran volunteer, they are hereby
required to do so. Nor shall it apply to actions now pending in court. [1889
April 3 86 v. 193; 77 v. 294; Rev. Stat. 1880; 64 v. 231 (S. & S. 478).j
:
In a proceeding by mandamus, to compel township trustees to execute and deliver to relator a township
bond in compliance with the requirement of this act, à demurrer to an answer, setting up the statute of lim--
itations of six years, was sustained: Chinn v. Trustees, etc., 32 O. S. 236.
See State ex rel. Shafer v. Trustees, etc., 24 O. S. 603, 606.
Under this section as amended April 16, 1880 (77 v. 294), the class of volunteers therein designated as
"re-enlisted veteran volunteers" does not embrace "veteran volunteers" who were not in the field at the
time of their enlistment as veteran volunteers: State ex rel. v. Oglevee, 36 O. S. 395.
(3107-2) SEC. 2. [Or the families of those who have died.] If
any such veteran volunteer shall have died before receiving the bond or
warrant to which he would have been entitled under the first section [§(3107—1)]
of this act, it shall be given as follows: First, to his widow; if no widow, then
to his children; if no children, to his mother; if no mother, to his father; if no
father, to dependent brothers and sisters, of less than fifteen years of age; but
no money shall, by this act be paid to any one who has deserted the military
service, or has at any time left the state to evade or escape the draft. [64 v.
231; S. & S. 478.]
(3107-3) SEC. 3. [Bonds, how executed.] Said bonds, when issued by
the county commissioners, shall be signed by the commissioners, counter-
signed by the county auditor; when issued by the trustees of any township,
shall be signed by the trustees, and countersigned by the clerk of the township;
and when issued by city councils, shall be signed by the president and counter-
signed by the clerk of such council, and, as soon as practicable, delivered to
said volunteers, or the parties aforesaid, in the order named. [64 v. 231; (S. &
S. 478).]
(3107-4) SEC. 4. [Tax to pay same.] For the purpose of paying said
bond or warrants, the county commissioners of any county, the trustees of
any township, and the city council of any city, issuing the same, shall levy
such tax each year after issuing the same, as may be required to pay one-third
of the amount of each warrant or bond with interest; and said levy shall be
certified to the auditor of the county, and shall be entered upon the duplicate
and collected as other taxes, and the money raised thereby for the several coun-
ties, shall be retained in the county treasuries, and that collected for the sev-
eral townships and cities shall be assigned to such townships and cities, and
paid out by said several authorities as other funds are required to be paid out
1742
§ (3107—5).
MILITARY AFFAIRS.
Tit. XV, Ch. 6.
on said bonds: provided, that the commissioners of any county, trustees of
any township, or city council of any city, may, if they deem the same expedient,
levy a larger amount in any one year than would be sufficient to pay one-third
of the bonds or warrants so issued. [64 v. 231; S. & S. 478.]
(3107-5) SEC. 1. [Construction of act amended.] Section one of the
above recited act* to which this act is supplementary, shall be held and con-
strued so as to include within its terms and provisions the same benefits to be
given to re-enlisted veteran non-commissioned officers and soldiers of the
United States regular army as to state volunteers, where such men of the regu-
lar army are shown to be credited as required by said act to which this act is
supplementary. [66 v. 65.]
The words "above recited act" mean an act recited in the caption of this statute,
passed May 16, 1868 (65 v. 210; S. & S. 479), for which ? (3107—1)` to (-4) is the present
substitute.
(3107-6) SEC. 1. [Evidence in bounty cases.] The certificate of the
adjutant-general of the state of Ohio, when it appears from the records of his
office that the applicant reënlisted in the service of the United States, speci-
fying dates and the locality to which the applicant was credited, shall be taken,
for all purposes under the act to which this is supplementary, as prima facie
evidence of his having reënlisted, as and of his being a veteran volunteer
within the meaning of said act, and of his having been credited, as required
to be shown by said act, upon such reënlistment, to the county, township,
city, or ward of the city named in said certificate, and upon the quota thereof
under a requisition of the president of the United States for volunteers during
the late rebellion. [90 v. 64; 82 v. 119.]
(3107-7) SEC. 2. [Value of certain documents as evidence.] The
papers, documents, books and records on file or deposited in the office of said
adjutant-general, or the office of the adjutant-general of the United States,
shall, for all purposes under said act, be admissible in evidence, and such
papers, documents, books and records, or any transcript, copy, statement or
abstract of the same, or any part thereof, certified to be such by said officer in
whose office said originals shall thus be on file or deposit, or his assistant under
the seal of such officer or office, shall be competent and prima facie evidence.
of the facts and matters therein contained, so far as the same may be pertinent
to the issue or claim. [90 v. 64; 82 v. 119.]
(3107-8) SEC. 3. [Application of two preceding sections.] The
provisions of this act shall apply to all such transcripts, copies, statements or
abstracts heretofore or hereafter thus made and certified, and to all proceedings
or actions now pending or hereafter brought, under the provisions of the act to
which this is supplementary, or any previous act or acts upon the same sub-
ject, or any such act hereafter passed while this act shall remain in force. [90
v. 64; 82 v. 119.]
STATISTICS.
(3107-9) SEC. 1. [Bureau of military statistics.] For the purpose of
perpetuating the names and memories of the thousands of gallant and patriotic
men of this state, who, to crush the rebellion and save the Union, have volun-
teered as privates in the service of the United States, and of collecting and
preserving statistics necessary to the state, and important to the people, there
be and is hereby established in the office of the adjutant-general, a bureau of
military statistics. The adjutant-general shall be chief of said bureau, and it
shall be his duty to collect and preserve in permanent, form, the name, residence,
and, so far as practicable, the military services of every person from this state,
who has enlisted into the service of the general government since the fifteenth
of April, 1861, noting particularly such as have died, or been wounded, or dis-
abled in the service, together with the time, place, and circumstances of all such
casualties; and likewise a brief history of the organization and service of each
1743
Tit. XV, Ch. 6.
MILITARY AFFAIRS.
§ (3107-10).
regiment, battery, and battalion from this statę, and such other statistics as
to the soldiers of this state, and the aid the several counties, cities, and towns.
have given in the war, as the chief of the bureau, by and with the advice of the
governor, shall deem proper and necessary. [61 v. 30 ; S. & S. 483.]
(3107-10) SEC. 2. [Clerks.] The chief of said bureau, to carry out
the provisions of this act, is authorized to employ such number of additional
clerks as may be necessary, at salaries to be fixed by himself, subject to the
approval of the governor. [61 v 30; S. & S. 483.]
(3107-11) SEC. 3. [Appropriation.] For the salaries of the clerks,
for services under this act, and for printing, stationery, postage, and traveling,
and other necessary expenses, of the said bureau, there is hereby appropriated
the sum of twenty-five hundred dollars. [61 v. 30; S. & S. 483.]
Corrected lists of ex-soldiers, etc., ? (1522—1).
Adjutant-general to consolidate lists alphabetically, ?(1522—2).
Roster of Ohio soldiers-publication, distribution and purchase of, 83 v. 146; 87 v, 27,
276; 90 v. 127; 92 v. 85, 426.
MONUMENTS AND MEMORIALS.
Monument committee created in Butler county; tax levy, 93 v. 705.
(3107-12) SEC. 1. [Disposition of property held in trust, etc.] When
any moneys, property, or assets of any kind, are held in trust, by any person or
persons, for the purpose of building soldiers' monuments, it shall be the duty of
the court of common pleas of the county in which said trustee or trustees, or a
majority thereof, shall at the time reside, upon the application of said trustee or
trustees, or a majority thereof, or of any citizen of such county, after ten days prior
notice to such trustee or trustees, or a majority of them, to order all of such
moneys, property, or assets so held in trust, as aforesaid, to be brought into
court and placed in charge of such persons and invested in such manner, as
shall, in the opinion of the court, be most judicious and prudent for the pres-
ervation and increase thereof; the persons so appointed to take charge of such
trust fund, giving bond in such sum as the court shall deem right and proper
for the security of said moneys, property, or assets, before entering upon the
performance of their said trust, and which said bond shall be payable to the
state of Ohio, and shall be in such sum and upon such conditions as said court
shall direct, and upon the execution of such bond, and the payment or delivery
of all moneys, property, and assets, in their hands, (or required to be therein as
trust funds or in trust for the purposes aforesaid), to the trustees so appointed
by said court, and having given bond as heretofore provided, said original
trustee or trustees shall be forever discharged from all legal liability on account
thereof, from any cause whatever, and no trustee or trustees, appointed under
the provisions of this act, shall receive, directly or indirectly, any compensation
for their services, but may be reimbursed out of any money under their control,
for any necessary expenses by them incurred, and actually paid out in the
execution of their trust. [68 v. 122.]
(3107-13) SEC. 2. [Trustees.] The number of trustees appointed by
the court of common pleas, under the provisions of the foregoing section, shall
be seven (7), all of whom shall be resident freeholders of the county in which
such soldiers' monument is to be built. [68 v. 122.]
(3107-14) SEC. 3. [Court may enforce complete settlement.] The
court of common pleas may enforce a full and complete settlement and delivery
over by the original trustees to those appointed by the court and qualified as
herein provided, by attachment as for contempt of court, reserving to said
original trustee or trustees the same right of exception and review, on error, as
in other similar cases. [68 v. 122.]
=
1744
$ (3107-15).
MILITARY AFFAIRS.
Tit. XV, Ch. 6.
(3107-15) SEC. 4. [Discretion of trustees as to monument.] That
whenever the original trust provides for building a soldiers' monument, it shall be
within exclusive discretion of the trustees so appointed by the court of common
pleas, as heretofore provided, or a majority thereof, to determine whether to
use said trust moneys, property, and assets, in the erection of a soldiers' monu-
ment, or of a monumental building, and in either case to determine exclu-
sively the cost, mode, style, place, and manner of its erection, and in case of a
monumental building, the uses and purposes to which the same shall be put
in the future, and having arrived at such determination, they shall be, and
are hereby authorized and required, to proceed at once to erect such monument
or monumental building, and expend the trust funds and its increase for that
purpose, with any other moneys or property that may be donated to them for
that purpose, or received by them from any other party or parties, by virtue of
any arrangements to build conjointly or otherwise, which they, in their judg-
ment, may think best to make, and to select the site or location therefor, and to
purchase from the said funds, if necessary, the requisite grounds, and take
title thereto, in the name of said trustees and their successors, forever. [68 v.
122.]
(3107-16) SEC. 5. [Contents of tablets.] In case of the erection of
a monumental building, as heretofore provided, there shall be therein placed a
permanent tablet, or tablets, on which shall be inscribed the names of all per-
sons who entered the union army from such county, during the war of the late
rebellion, and lost their lives therein, and their services may be perpetuated in
any other manner which the said trustees, or the majority thereof, may, in
their discretion, deem expedient. [68 v. 122.]
(3107-17) SEC. 6. [Trustees to report: vacancies.] The trustees shall
report to the court appointing them, as often as the court may require, and all
vacancies that may, from time to time, occur in said board, by removal for
cause, removal from the county, resignation, or death of any member or mem-
bers, shall be filled by appointment of the court of common pleas in the same
manner in which original appointments are made, and said court may, for
good cause, remove any or all of said trustees, and appoint others in their stead.
[68 v. 122.]
(3107-18) SEC. 7. [Exempt from taxation.] All funds raised and
set apart for the purpose of building monuments to the fallen soldiers of this
state, and all monuments and monumental buildings, when erected, shall be
forever exempt from taxation for any purpose whatever. [68 v. 122.]
(3107-19) SEC. 1. [Townships, cities, etc., may assist in building mon-
uments; bonds therefor.] Whenever any township, incorporated village or city,
in which a soldiers' monumental building, such as is contemplated in the act to
which this is supplementary, is proposed to be created shall desire to unite in the
erection of such building for township, village, or city purposes, each such
township shall have a right to aid and assist in the same to an amount not
exceeding twenty-five thousand dollars, and each city or incorporated village,
to an amount not exceeding twenty-five thousand dollars, and to issue bonds
therefor, payable in ten years from date of issue, and bearing interest at the
rate of eight per cent. payable semi-annually, on the first days of July and
January in each year until paid, and the faith and credit of the township, vil-
lage, or city, shall be pledged for the full and faithful payment of the principal
and interest upon said bonds, when and as the same may respectively become
due by the terms of said bonds: provided, that any party uniting with the
trustees of any fund described in the act to which this is supplementary, shall
furnish an amount of money for the erection of said building equal at least to
the amount furnished by said trustees of the monumental fund. [72 v. 60.]
Soldiers' monument, Perrysburg Township, Wood County, and village of Perrysburg,
91 v. 849.
:
1745
Tit. XV. Ch. 6.
MILITARY AFFAIRS.
§ (3107-20).
(3107-20) SEC. 2. [Question of issuing bonds must be submitted to
vote; notice to be given.] No bonds shall be issued by any township, city,
or incorporated village under the provision of this act until the question of
issuing the same shall have been first submitted to a vote of the qualified elect-
ors of the township, city, or incorporated village, and a majority of such
qualified electors voting at the election shall have voted "Monumental aid,
Yes;" and such election may be held at the usual place of holding elections
in said city, township, or incorporated village, at any time after ten days' notice
of the time and place of holding the same shall have been publicly given by
the trustees of the township, or council of the city or incorporated village, in
one or more newspapers of the county having general circulation therein, stat-
ing also the amount of the bonds proposed to be issued, the rate of interest, the
purpose for which issued, and the time of payment, and that each voter shall
indorse upon his ballot, "Monumental aid, Yes," or "Monumental aid, No."
Said election shall be conducted in all respects as other general or special elec-
tions held under the laws of this state; and the result thereof certified within
three days thereafter by the proper officers, with the poll books, to the clerk of
the courts of the county, as is required in cases of a general election. [72 v. 60.]
(3107-21) SEC. 3. [Procedure on affirmative votes.] If a majority of
the votes cast at any such election shall be returned as cast for "Monumental
aid, Yes," then it shall be the duty of the trustees of the township or council of
the city or incorporated village, or both, as the case may be, forthwith on the
certificate of the clerk of the court to that effect, to issue the bonds thereof in
the sum specified in the notice for the election, payable in [ten] years from
date, with interest at the rate of eight per cent. per annum, payable semi-
annually, on the first days of July and January, at the place of issue, and to
deliver the same to the trustees of the monumental building fund, provided
for in the original act to which this is supplementary, and to take their receipt
or that of their treasurer therefor. [72 v. 60.]
(3107-22) SEC. 4. [Duty of trustees in the erection of monument.]
That the trustees of said "Monumental building fund" upon receiving the
bonds provided for in the preceding section, shall at once proceed to convert
the same into money in any case for no less than their par value, and proceed
at once to the erection of the monumental building provided for by the act to
which this is supplementary, and also providing in said building all necessary
and suitable rooms for township, city, or incorporated village purposes: pro-
vided, that in giving notice of the time, manner, and purposes of election as
provided in the second section [$(3107-20)] of this act, the number and character
of rooms required for township, city or village purposes, may be therein described,
and if so described, the bonds heretofore described shall in no event be issued
or delivered until the trustees of said monumental building fund shall have
given bond with security to the satisfaction of the probate judge of the county,
conditioned for the speedy and faithful completion of rooms in said building,
as stipulated in such notice, to the satisfaction of said probate judge, and the
failure to so do will subject the property of said monumental building associa-
tion to all damages that may arise from such failure as well as to liability upon
bond of the trustees as aforesaid. [72 v.
[72 v. 60.]
(3107-23) SEC. 5. [Levy of tax for principal and interest.] In case of
the issue and delivery of bonds as aforesaid, it shall be the duty of the trustees
of the township, or council of a city, or incorporated village, at the usual time
for levying taxes, to levy a tax upon all the taxable property of such township,
city, or village, as will be sufficient to pay the interest thereon for the current
year, and such proportional part of the principal for a sinking fund as will be
sufficient to pay off the same when and as they become due, and this shall be
done year by year until the whole amount of principal and interest is fully satis-
fied, paid off and discharged. [72 v. 60.]
111
1746
§ (3107—24).
MILITARY AFFAIRS.
Tit. XV, Ch. 6.
(3107-24) SEC. 6. [Vote to be taken on request of 20 citizens.
vote required to be taken by this act shall be taken and notice therefor given as
herein required immediately upon a request therefor being filed with the trust-
ees of any township, or council of any city or incorporated village, for ten days,
by twenty citizens, residents and tax-payers of such township, city, or village,
and notice to the clerk of such township, trustees, or council, shall be equiva-
lent to service upon the trustees or council themselves. [72 v. 60.]
(3107-25) SEC. 1. [Trustees of soldiers' monument association
may issue bonds.] Where any building has been erected in this state by and
under the provisions of the act to which this is supplementary, and said build-
ing is in an incomplete condition, and cannot be completed for want of funds
collected and authorized to be collected by the provisions of said acts, that the
trustees of such soldiers' monumental building association be and they are
hereby authorized to issue the bonds of such association, in any sum not exceed-
ing five thousand dollars, and apply the proceeds arising from the sale of said
bonds to the completion of such building. [74 v. 83.]
(3107-26) SEC. 2. [Interest and amount of funds.] Said bonds
shall be issued in such sums, and made payable at such times as will, in the
opinion of said trustees, best subserve the negotiation of the same, and shall
bear interest at eight per centum per annum from date of issue, interest pay-
able semi-annually: provided, that the aggregate amount of said bonds shall
not exceed the said sum of five thousand dollars, nor shall any of said bonds
run for a longer time than ten years from the date of the first issuance. [74 v. 83.]
(3107-27) SEC. 3. [How executed.] Said bonds shall be signed by the
president of said board of trustees, and countersigned by the secretary or clerk
thereof. [74 v. 83.]
(3107-28) SEC. 4. [Rent applied to payment.] In order to provide.
for the payment of said bonds, and the interest thereon, the said trustees shall
apply the proceeds arising from the rent of such building (after deducting the
current expenses) to the payment of the same. [74 v. 83.]
[Sale of bonds.] Said bonds shall not be sold for
(3107-29) SEC. 5.
less than par. [74 v. 83.]
(3107-30) SEC. 1. [Bonds issued to complete soldiers' monuments.]
In all cases, where trustees have been appointed by virtue of the original act above
recited, and in cases where such trustees have issued bonds, in accordance with
the provisions of the act to which this bill [act] is supplementary, said trustees
may at any time, when in their opinion it may be necessary and conducive to
the best interests of said trust, refund said indebtedness, by issuing and negotiat-
ing the bonds of such association, in such sums as they may deem proper, and
to an amount not exceeding said original indebtedness and interest accrued
thereon. [78 v. 152.]
(3107-31) SEC. 2. [Time of payment; interest.] Said bonds shall
be made payable at such time or times as will, in the opinion of said trustees,
best subserve the negotiation thereof, and shall bear interest at a rate not exceed-
ing seven per cent. per annum, payable semi-annually, and shall not run for a
longer time than fifteen years from their issuance. [78 v. 152.]
(3107-32) SEC. 3. [By whom signed.] Said bonds shall be signed by
the president of said board of trustees, and countersigned by the secretary or
clerk thereof. [78 v. 152.]
(3107-33) SEC. 4. [Payment of bonds.] In order to provide for the
payment of said bonds and the interest thereon, said trustees shall apply the
proceeds arising from the rents of such building (after deducting current
expenses and necessary repairs) to the payment of the same. [78 v. 152.]
(3107-34) SEC. 5. [Sale of bonds.] Said bonds shall not be sold for
less than par. [78 v. 152.]
1747
$
Tit. XV, Ch. 6.
MILITARY AFFAIRS.
§ (3107-35).
(3107-35) SEC. 1. [Gifts for soldiers' monuments.] It shall be law-
ful for the commissioners of the several counties of the state to receive bequests,
donations and gifts, for the purpose of erecting a monument in their respective
counties, in memory of those who died or were killed during the war of 1861.
[63 v. 169.]
(3107-36) SEC. 2. [Erection of monuments.] Whenever, in the
opinion of the board of commissioners, the bequests, donations or gifts received
by them are sufficient to erect such monument as aforesaid, they are hereby
authorized to proceed to the erection of such monument to the memory of the
soldiers from the county, who died or were killed during the war of 1861. [63
v. 169.]
(3107-37) SEC. 3. [Commissioners may submit question to legal
voters.] In case there shall not be a sufficient amount raised by donations,
bequests or gifts for the purpose aforesaid, the commissioners of the severaĺ
counties of the state are hereby authorized to submit to the qualifled voters of
the several counties at the spring or fall election of 1867, by giving thirty
days' public notice by advertisement in one or more newspapers of general cir-
culation in said county, at least thirty days previous to said election, whether
a tax not to exceed one-half mill on the dollar shall be levied or not upon the
taxable property of the several counties for the purpose aforesaid, and if it
shall appear that a majority of all the votes cast at said election were in favor
of said levy, then the commissioners shall proceed to make said levy and erect
said monument. [63 v. 169.]
(3107-38) SEC. 1. [County commissioners authorized to submit
question of tax for soldiers' monument to vote of electors.] The commis-
sioners of any county in this state be and they are hereby authorized to submit
to a vote of the people of said county, at any general election for state and
county officers, the question whether or not a tax of not more than one-half
mill upon each dollar shall be levied upon all property upon the tax duplicate
of said county to raise a fund wherewith to erect a monument or other suit-
able memorial structure to perpetuate the memory of soldiers from said county
who served in the union army during the late rebellion. [78 v. 116.]
(3107-39) SEC. 2. [How tax to be levied, collected, and expended.]
In case a majority of the voters of any county voting upon said question shall
vote in favor of imposing said proposed tax for said purpose, said tax shall be
made payable in two installments of one quarter of a mill each, and shall be
imposed and collected during the two years next succeeding the taking of said
vote, and the moneys arising from said tax shall be expended by said commis-
sioners in the erection of a monument or other suitable memorial structure, as
said commissioners may deem best and most appropriate, at such place in said
county as may be designated by said commissioners, and said money shall be
applied to no other use or purpose whatever. [78 v. 116.]
Hamilton county authorized to levy tax for monument to Gen. William Henry Harri-
son after submission of question to voters, 84 v. 221.
The superior court of Cincinnati, in general term, held that this act was not in conflict with the Con-
stitution of the state of Ohio, and that the vote cast in favor of the measure, at the April election of 1887,
was sufficient to carry it: Dexter v. Raine, Auditor, et al., 18 W. L. B. 61. This decision was affirmed by the
supreme court without report: Ib. 301.
(3107-40) SEC. 1. [Balance of bounty fund to be transferred to
soldiers' monumental association.] Whenever the trustees of any township,
or the commissioners of any county in the state, in which there shall be any
association existing under the laws of this state for the erection of a soldiers'
monument or monumental building, shall have the custody or care of bounty
moneys, or moneys for the relief of families of soldiers and marines, or for
other similar purposes, collected during or at the close of the late rebellion, in
pursuance of any law of this state and which remain as a balance unappro-
1748
§ (3107—41).
MILITARY AFFAIRS.
Tit. XV, Ch. 6.
priated for the uses and purposes for which the same were collected after the
payment of all legitimate claims for said moneys, contemplated by the laws
under which such moneys were collected, it shall be lawful and such trustees
or county commissioners are hereby authorized and directed to deliver and
transfer such moneys to the proper officers of such monumental associations
to be employed in the erection of a soldiers' mouument or monumental build-
ing; provided, that before such funds shall be transferred as herein provided,
said trustees or county commissioners may at their discretion, require security
that the said funds shall be employed for the purpose of a monument or mon-
umental building and not otherwise. [79 v. 51; 77 v. 127.]
(3107-41) SEC. 2. [Commissioners of Lucas county to restore
moneys to bounty fund.] The commissioners of Lucas county are authorized
and directed to refund and restore from the county fund, to the fund mentioned
in section one [§(3107—40)] of this act, all moneys here.ofore loaned therefrom to
any other fund or used for any other purpose than that provided for by this act
or the act to which this is amendatory. [79 v. 51; 77 v. 127.]
See ? 3579, as to soldiers' monumental associations.
(3107-42) SEC. 1. [May acquire, use and occupy real estate.]
It shall be lawful for any association or corporation, organized or incorporated
under any law of this state, relative to soldiers' memorial associations, or monu-
mental building associations, or cemetery associations or corporations to acquire,
use and occupy for the purposes intended or declared by such association or cor-
poration, any real estate which has been acquired by, donated to, or which may
hereafter be acquired, purchased, or donated to such corporation or association
which, in the opinion of the trustees, directors, or managers of such association
or corporation may be necessary and proper to carry out the object intended for
such association or corporation. [1887, March 21: 84 v. 173; 81 v. 99.]
(3107-43) SEC. 2. [Relieving soldiers' memorial associations from
taxation.] The real estate held or occupied by any memorial or monumental
association or corporation described in the first section [$(3107-42)] of this act,
shall be free from all State, county, township and municipal corporation_taxes
as well as any and all unpaid taxes now assessed or a lien thereon. [1886,
February 3: 83 v. 3; 81 v. 99.]
(3107-44) SEC. 3. [When council of certain cities may rent hall of
soldiers' memorial association for an armory; advance of rent and issue
of bonds.] Where the city council of any city of the first class and third
grade shall deem it necessary to provide for the deposit and safe keeping of any
arms, ammunition or munitions of war, or to provide armory or drill rooms
for such company or companies of the Ohio national guard, as now exists or
may be hereafter organized under the laws of Ohio, it shall be lawful for such
municipal authorities to contract with and assume to pay to such associations
or corporations such reasonable rent for the use of such building as may be
agreed upon between such authorities and associations or corporations. And
it shall be lawful for said municipal authorities to advance to said associations
or corporations the rents so to be agreed upon, and to repay said rent[s] by its
bonds, notes or otherwise, as may be agreed upon between the parties. And
for the purpose aforesaid, and to carry out and fulfill any obligations or con-
tracts made under the act aforesaid, as originally passed, such city is authorized
to issue its bonds in the aggregate not to exceed forty thousand dollars ($40,000),
payable at such times as the common council of such city may determine; but
not to exceed thirty (30) years from the date of the issue thereof; which bonds
shall bear a rate of interest not exceeding six (6) per cent. per annum, and shall
not be sold for less than par and accrued interest thereon. [1885, February 10,
82 v. 43; 81 v. 99.]
See notes to ? 3085.
Cemetery association may act as a soldiers' monumental association, ? 3579.
Counties containing a city of second class third grade may unite with soldiers' memo-
1749
Tit. XV, Ch. 6.
MILITARY AFFAIRS.
$ (3107-45).
rial association in erecting memorial building and armory for joint occupation on terms
to be fixed by written contract or lease and to levy a tax therefor, 84 v. 71.
Ironton, assuming debt for building soldiers' memorial hall, 91 v. 497.
BURIALS.
(3107-45) SEC. 1. [Burial of indigent soldiers and sailors and their
mothers, wives or widows and army nurses.] It shall be the duty of the
county commissioners of each county in this state to appoint three suitable
persons in each township and ward in their respective counties, other than
those prescribed by law for the care of paupers and the custody of criminals,
whose duty it shall be to look after and cause to be interred, in a decent and
respectable manner, in any cemetery or burial-ground within this state, other
than those used exclusively for the burial of the pauper dead, at an expense
not to exceed thirty-five dollars, the body of any honorably discharged ex-union
soldier, sailor or marine having at any time served in the army or navy of the
United States, their mothers, wives or widows and army nurses, who shall here-
after die, not having means sufficient to defray the necessary funeral expenses;
such persons so appointed shall hold their appointment so long as they serve to
the satisfaction of the county commissioners, and whenever a vacancy occurs
from any cause it shall be the duty of the commissioners to fill such vacancy
by the appointment of other suitable persons. [90 v. 177; 88 v. 330; 81 v. 146.]
(3107-46) SEC. 2. [Duties of persons appointed to have charge of
such burial; exception.] It shall be the duty of the persons so appointed in
the foregoing section before they assume the charge and expenses of such burial,
that they first satisfy themselves by careful inquiry into and examination of
all the circumstances in the case, that the family of such deceased soldier is
unable, for want of means, to defray the expenses of such funeral or burial, or
that in defraying such expenses the family will be deprived of means necessary
for immediate support, whereupon, if they find such inability to exist, they shall
cause to be buried such soldier, sailor or marine, their wives or widows, mothers or
army nurses, as provided in section one [S(3107-45)] of this act; and they shall,
also, immediately report the same to the county commissioners of their county,
setting forth the fact that they found the family of such deceased soldier in
indigent circumstances, and unable to pay the expenses of burial, together
with the name, rank and command to which he belonged as a soldier or sailor,
the date of death, the place where buried, and his occupation while living;
and also an accurately itemized statement of the expenses incurred by reason
of said burial; the report to be duly attested by three reputable persons, resi-
dents of the township or ward in which the deceased soldier lived, knowing
the facts of the indigency and inability of the family to defray said funeral
expenses; provided, however, that in any county in this state where there is
a home for indigent mothers, wives, widows of soldiers, and for army nurses,
upon the death of any inmate of said home, the matron of the home shall,
by certificate signed by the attending physician of said home, certify to the
death of said inmate to the commissioners of the county from which the
mother, wife, widow or army nurse was admitted to said home, and said com-
missioners shall proceed as provided in section 3 [§(3107—47)] of this act. [90
v. 177; 88 v. 331, 257; 81 v. 146.]
(3107-47) SEC. 3. [Payment of expense.] It shall be the duty of the
county commissioners, upon securing the report and statement of expenses pro-
vided for in section 2 [§(3107-46) of this act, to transcribe in a book to be kept
for that purpose all the facts contained in said report respecting said deceased
soldier, and shall certify the expenses thus reported to the county auditor, who
shall draw his warrant for the same payable to the person or persons desig-
nated by the county commissioners, upon the county treasurer, to be paid out
of the county fund of said county. It shall also be the duty of the county
commissioners, upon the death and burial of any such soldier, sailor or marine,
1750
§ (3107-48). ·
MILITARY AFFAIRS.
Tit. XV, Ch. 6.
their mothers, wives or widows, or any army nurse residing within their
county at the time of his or her death, to make application to the proper au-
thorities under the general government for a suitable headstone, as provided
by act of congress, and cause the same to be placed at the head of such deceased
soldier's grave. [90 v. 178; 88 v. 330; 81 v. 146.]
Defiance county authorized to buy cemetery lot for remains of honorably discharged
soldier, sailor or marine or his mother, wife or widow and erect suitable monument, 92
v. 557.
Commissioners of Allen county may levy tax to purchase lands for a cemetery and
place same in proper condition for burial of deceased Union soldiers and sailors, 93 v. 544.
RELIEF.
(3107-48) SEC. 1. [Preference of appointment in public service to
be given to honorably discharged soldiers and sailors.] In every public
department, and all public departments in all municipal corporations, and upon
all public works of the state of Ohio, honorably discharged union soldiers,
sailors and marines of the late rebellion, shall be preferred for appointment and
employment; age, loss of limb or other physical impairment, which does not,
in fact, incapacitate, shall not be deemed to disqualify them; provided, how-
ever, that the applicant shall have been a resident of the county in which the
office or position is located, for at least one year, and possesses the other requisite
qualifications. [92 v. 50; 85 v. 149.]
This act cannot be enforced by mandamus: State ex rel. v. Com., 57 O. S. 86.
(3107-49) SEC. 2. [Penalty.] Any violation of the provisions of this
act shall be deemed a misdemeanor, and upon conviction in any court of com-
petent jurisdiction, shall be punishable by a fine of not less than fifty dollars
($50.00) and not more than one hundred dollars ($100.00). [92 v. 50.]
(3107-50) SEC. 1 [Tax for relief of soldiers and sailors.] The board
of county commissioners of the several counties in this state is hereby authorized
and required to levy, in addition to the taxes now levied by law for other pur-
poses than those herein provided, a tax not exceeding three-tenths, and in
counties containing a national soldiers' home not exceeding five-tenths of one
mill per dollar on the assessed value of the property of their respective coun-
ties, to be levied and collected as now provided by law for the assessment and
collection of taxes, for the purpose of creating a fund for the relief of honora-
bly discharged indigent Union soldiers, sailors and marines, and the indigent
wives, parents, widows and minor children under fifteen years of age, of such
indigent or deceased Union soldiers, sailors or marines, to be disbursed as here-
inafter provided. [1888, April 5: 85 v. 158; 84 v. 100; 84 v. 38; 83 v. 232.]
Section 3 of the act of April 5, 1888 (85 v. 158, 161), provides that "Sections 1, 2, 3, and 4 of the said act,
passed March 16, 1887, and 25 of said act, passed May 19, 1886, be and the same are hereby repealed, saving from
the operation of such repeal all acts done and allowances made by any soldiers' relief commission prior to the
Dassage of this act.'
(3107-51) SEC. 2. [Soldiers' relief committee; how appointed;
lists of persons entitled to relief to be made; determination of amount
necessary for such relief.] It is hereby made the duty of the soldiers' relief
commission hereinafter provided, in each county in this state, as soon as prac-
ticable after the passage of this act, and annually thereafter on the first Mon-
day in January in each year, to appoint for each township, in such county, and
for each ward in any city in any such county, a soldiers' relief committee, con-
sisting of three persons, residents of each such township and ward, who shall
be honorably discharged Union soldiers, sailors or marines: provided that if
there are no such soldiers, or sailors or marines who are residents of any such
township or ward, then there shall be appointed three reputable citizens, one of
whom shall be designated as chairman of such township or ward soldiers' relief
committee; and to fill all vacancies that may occur in any such committee, and
to remove any member of any such committee for cause; and provided further,
that in any township or ward where there is located a post of the grand army
of the republic, said township or ward committee shall be appointed on the rec-
1751
Tit. XV, Ch. 6.
MILITARY AFFAIRS.
§ (3107-52).
ommendation of said grand army post; and it shall be the duty of each such
ownship and ward soldiers' relief committee, in its respective township or ward,
to receive all applications for relief, under the provisions of this act, from ap-
plicants residing in such township or ward, to examine carefully into the case
of each applicant, and on the first Monday in May in each year to make a list
of the names of all indigent union soldiers, sailors and marines, and the indigent
parents, wives, widows and minor children of the same, including widows of
such union soldiers, sailors, and marines who have remarried, but again have
become indigent widows, who are residents in such township or ward, who have
been bona fide residents of the state one year, and of the county six months, next
prior to said first Monday in May, and who, in the opinion of any such town-
ship or ward relief committee, require aid and are entitled to relief under the
provisions of this act; and it shall be the duty of the chairman of each town-
ship and ward soldiers' relief committee, or other member of such committee
authorized by such committee, to deliver such list to the soldiers' relief com-
mission, hereinafter provided, or its secretary, on or before the last Monday in
such month of May, together with a statement of each applicant for relief, of
the income, if any, of the applicant, the amount of taxable property, real and
personal, of stocks, bonds, moneys on hand, loaned or deposited in any bank
or elsewhere, shares in building associations, mortgages, notes or other articles
of value from which an income or revenue is derived by the applicant; said
statements shall be made upon blanks which shall be furnished by the sol-
diers' relief commission, and shall be subscribed by the applicant; and in case
any false statement is made therein by any applicant for relief, or guardian for
such applicant, such applicant or guardian shall be deemed guilty of a misde-
meanor, and upon conviction before any court of competent jurisdiction shall
be fined in any sum not exceeding fifty dollars nor less than twenty dollars, and
be imprisoned in the county jail for a period not exceeding sixty days nor less than
thirty days. And on said last Monday in May said commission shall meet and
determine from said lists the probable amount necessary for the aid and relief
of such indigent persons for the ensuing year, together with an amount suffi-
cient, in the judgment of said commission, to furnish relief to any such indi-
gent persons not named in said lists, whose right to such relief shall be estab-
lished to the satisfaction of such commission. Such commission, after deter-
mining the probable amount necessary for the purposes aforesaid, shall certify
the same to the county commissioners of the county, who, at their June session,
shall make such levies as shall be necessary to raise the required relief, not
exceeding three-tenths, except in counties containing a national soldiers' home
not exceeding five-tenths of a mill per dollar on the assessed value of the prop-
erty of the county. [91 v. 84; 87 v. 352; 86 v. 343; 85 v. 158; 84 v. 100; 84
38; 83 v. 232.]
Section 2 of the act of April 15, 1889 (86 v. 343, 346), provides that "section 2 of the said act passed April
5, 1888, and section 4 as amended March 27, 1889, be and the same are hereby repealed, saving from the opera-
tion of such repeal all acts done and allowances made by any soldiers' relief commission prior to the passage
of this act."
(3107-52) SEC. 3. [Soldiers' relief commission.] Any judge of the
court of common pleas in each of said counties shall, on or before the first
Monday in April, appoint three persons, residents of such county, two of whom
shall be honorably discharged Union soldiers in the late war of the rebellion,
from
one to serve three years, one to serve two years, and one to serve one year
the date of such appointment, and each year thereafter one person to serve for
three years.
Such persons so appointed, when organized by the selection of one
of their number as president and one as secretary, shall be known and desig-
nated as "the soldiers' relief commission;" and in counties containing a
national soldiers' home, or counties having a city of the first class, first grade,
an assistant secretary may be employed, prescribing his duties and compensa-
tion. In the event of a vacancy in said commission, and for cause, a judge of
the court of common pleas may remove any member of the commission and
1752
§ (3107-53).
MILITARY AFFAIRS.
Tit. XV, Ch. 6.
shall fill all vacancies occurring therein; a judge of the court of common pleas
shall fill the vacancy for the unexpired term; provided, however, that nothing
in this act shall be construed as terminating or abridging the term of office of
any present member of any soldiers' relief commission heretofore appointed,
except as to removals for cause, and all appointments under this act shall be
made with reference to said former appointments as if the same were made
under the provisions of this act. [1888, April 5: 85 v. 158; 84 v. 100; 84 v. 38;
83 v. 232.]
(3107-53) SEC. 4. [Duties of commission; disbursements; allow-
ance may be increased, decreased, or discontinued; immediate relief may be
granted in certain cases.] The soldiers' relief commission shall meet at the
office of the county commissioners, or in a suitable room furnished by them for
that purpose, on the fourth Monday of November of each year, and at such other
times as may be necessary, and examine carefully the several lists and state-
ments of those reported by the township and ward soldiers' relief committees,
and also the cases of all not included in the said lists, who, before and during
their session, may have been recommended to said commission for aid under.
the provisions of this act; and being satisfied that those so recommend-
ed as aforesaid, or any of them are in need of assistance and are entitled
thereto under the provisions of this act, shall fix the amount to be paid per
month in each case to such person or family. Upon the conclusion of said exami-
nation and the determination of said monthly allowance, the commission shall
make a complete list of those to whom relief has been so awarded, showing the
monthly amount so awarded to each person, and, so far as practicable, the
place of residence of each, and certify the same to the auditor of their county,
who shall, within ten days thereafter, transmit to the township clerks, in his
county, a list of the names of the persons in the respective townships, and the
amount payable monthly to each; whereupon the auditor, on the first day of
each month after said fund is ready for distribution, shall issue to the treas-
urer of each township his warrant upon the treasurer of the county for the
amount awarded to the persons in such township, and such township treasurer
shall disburse the same in the amounts and to the persons named in the list
furnished to the township clerk as aforesaid, taking receipts therefor. Except
that in all townships embracing a county seat, and in which the office
of county treasury is kept, it shall be the duty of the county treasurer
to disburse said fund to the persons named in the list to be furnished to
him by the township or city clerk, the said county treasurer taking proper
receipts therefor. And to each person certified by the commission to the audi-
tor as aforesaid, and not included in any of the lists furnished to township
clerks, the auditor shall issue his warrant upon the county treasurer for the
monthly allowance awarded to such person; provided, that such commission,
upon proper cause shown, may appoint some suitable person to draw, receipt
for and properly expend the allowance made to any person under the provisions
of this act, for the benefit of the person to whom the allowance has been made,
and the indigent members of his or her family; and provided further, that on
the recommendation of said township or ward committee, said commission, at
any meeting, may increase, decrease or discontinue any allowance theretofore
awarded, which action shall be by them certified to the county auditor, who
shall amend his list in accordance therewith. And in case such change relate
to the allowance to any person resident in any township the same shall be
certified to the township clerk, who shall amend his list accordingly, and cer-
tify the same to the township treasurer, and if the amount due said township,
after such change, increase the amount theretofore allowed said township, the
auditor shall issue to the township treasurer his warrant upon the county treas-
urer for such additional amount; provided further, that the commission may,
at any time, in case of sickness, accident or great destitution, upon the recom-
mendation of said township or ward committee, grant immediate relief to any
1753
Tit. XV, Ch. 6.
MILITARY AFFAIRS.
§ (3107-54).
person entitled thereto under the provisions of this act, under such rules as
said commission may designate; and provided further, that if any money so
awarded as relief shall not be called for by the applicant before the first Monday
in December, annually, such amounts shall be paid into the county treasury
to the credit of the relief fund; and provided further, that "township" as
designated in section 2 [§(3107-51)] of this act shall include no part of a town-
ship embraced within the limits of a city. [87 v. 354; 86 v. 343; 86 v. 155 ;
85 v. 158; 84 v. 100; 83 v. 232.]
(3107-54) SEC. 5. [Payment of commissioners' expenses.] The
county commissioners of every such county shall allow the persons composing
any soldiers' relief commission appointed under this or previous acts in their
respective counties, their actual expenses incurred in the performance of their
duties, on the presentation of an itemized statement thereof, and a fair com-
pensation for their services, for the amount of which allowance the auditor
shall issue his warrant upon the county treasurer. [1888, April 5: 85 v. 158;
83 v. 232.]
DEPOSITIONS, ACKNOWLEDGMENTS, AFFIDAVITS, ETC!
(3107-55) SEC. 1. [Officers in U. S. service to administer oaths, etc.]
The colonel, lieutenant-colonel, major, or adjutant of any regiment or battalion,
which has been or may hereafter be raised in this state, and now is or may
hereafter be in the service of the United States, or of this state, whether reg-
ular or volunteer, shall be and is hereby authorized to administer oaths, and
take depositions, affidavits and acknowledgements of deeds, mortgages, leases
and other conveyances of lands, and all powers of attorney relating thereto,
to be used or recorded in this state, of any person without this state, who for
the time being shall be in the service of the United States, or of this state,
in any regiment or battalion raised in this state or connected therewith, in the
same manner as a justice of the peace or commissioner of this state might do.
[1864, March 30: 61 v. 102; 60 v. 26.]
(3107-56) SEC. 2. [Manner of taking depositions, etc.] Deposi-
tions taken in pursuance of the foregoing section, shall be taken on written
interrogatories, on a written notice being given by the party desiring to take
such depositions, which notice shall contain the names of the party, plaintiff
and defendant, the court or tribunal in which the action is pending, the num-
ber of the regiment or battalion to which the witness belongs, and the name
or names of the witnesses; and which said notice shall be served upon the
adverse party, his agent or attorney of record, or left at his usual place of
abode, with a copy of the interrogatories, at least twenty days prior to the
taking of such depositions; and if the party on whom such notice is served
shall desire to file cross-interrogatories, a copy of the same shall be served on
the adverse party, his agent, or attorney of record, or left at his usual place of
abode, within six days after said notice of taking depositions shall have been
served, and the party giving the notice to take depositions, shall forward,
with his said notice and interrogatories, the cross-interrogatories so served on
him as aforesaid; and neither party, by himself, or his agent or attorney, shall
be present at the time of taking such depositions. [60 v. 26.]
(3107-57) SEC. 3. [Validity of oath thus taken.] Any oath admin-
istered and deposition or affidavit taken, or acknowledgment certified by either
of the officers named in the preceding section, if otherwise in accordance with
law, shall be as effectual for all purposes, as if administered, taken, or certified
by any justice of the peace or commissioner of this state. [60 v. 26.]
(3107-58) SEC. 5. [Fees.] Such officer shall be entitled to charge
and receive for his services under this act, the same fees as are allowed by the
laws of this state to justices of the peace for like services. [60 v. 26.]
1754
Tit. XVI.
PUBLIC LANDS.
Tit. XVI.
TITLE XVI.
Public Lands.
SECTION
3107-59. Auditor of state to be land agent.
3107-60. All books, etc., to be transferred to him.
3107-61. Governor to make deeds.
3107-62. Land commissioner to deliver to land agent
books, etc.
3107-63. Land agent not to purchase; penalty.
3107-64. How land sold to actual settlers.
3107-65. When deed to be made to them.
3107-66. Agent may administer oaths.
3107-67. Return of sales and payment of proceeds.
3107-68. Effect of death of purchaser.
3107-69. Price reduced.
3107-70. Correction of entries.
3107-71. Remedy of purchaser when purchase is
void.
3107-72. Register authorized to administer oaths.
3107–73. Addition given volunteers to begin settle-
ment.
3107-74. Appraisement of lands.
3107-75. Return of appraisement.
3107--76. Subject to re-entry at appraisement.
3107-77. Relief of former purchasers.
3107--78. When lands to be sold.
3107-79. Lands omitted from appraisement to be ap-
praised.
3107-80. Field notes of congress lands to be recorded,
and copies evidence.
3107-81. Fees for record.
3107-82. How title of the state to Wabash and Erie
lands proved.
3107-83. Records relating to land in Ohio company's
purchase to be deposited in recorder's
office.
3107-84. Copies made evidence.
3107-85. Assent of the state to terms of trust of land
scrip for college.
3107-86. Sale of land scrip.
3107-87. Commissioners may appoint assistant;
terms of sale.
3107-88. Transfer of scrip to purchaser.
3107-89. Compensation to county auditors and treas-
urers.
3107-90. Annual report.
3107–91. How money received applied.
3107-92. Interest on money received.
3107-93. Commissioners to reduce the agricultural
fund by investment.
3107-94. Occupants of islands in Great Miami en-
titled to preference.
3107-95. Board of public works to ascertain and sur-
vey canal lands.
3107-96. Sale of these lands: terms.
3107-97 School and ministerial lands in Trimble
township to be re-appraised on expiration
of leases.
SECTION
3107-98. Lands to be appraised every seven years.
3107-99. Compensation of appraisers.
3107-100. Who to administer oaths to appraisers.
3107-101. Deed of state to be prima facie evidence of
title in the state.
3107-102. Proof of payment of rents on certain lands
dispensed with.
3107–103. And also proof of surrender.
3107--104. Certain sales of section sixteen confirmed.
3107-105. How register of Virginia Military District
appointed.
3107-106. How vacancy filled; removal for insanity.
3107–107. Owners of unsurrendered school lands
under grant of March 2, 1807, may exhibit
to register muniments of title, and he
shall make record thereof.
3107-108. Such lands to be re-appraised.
3107-109. Seal of register shall be affixed to abstracts.
3107-110. Part of fees to be paid by owners and part
by the state.
3107-111. When register's office to be abolished, and
books, etc., turned over to auditor of state.
3107-112. Auditor of state to prepare accounts of per-
sons holding leases of certain school lands
and send to county treasurer.
3107-113. County treasurer to collect interest charged
against said lands, and settle with aud-
itor of state therefor.
3107-114. Treasurer to certify list to auditor of state
of persons who refuse to pay; lease to be
forfeited in case of persistent refusal.
3107–115. Auditor to pay money to treasurer.
3107-116. Treasurer to give notice to leaseholders
that he will receive interest due.
3107-117. Persons may pay principal of amount due
and receive deed.
3107-118. Auditor of state to deliver to treasurer of
state copies of bids, and settle as in other
cases.
3107-119. Auditor of state to keep account of fees and
expenses, and pay same.
3107-120. Certain state officers may contract with
Samuel Kendrick to correct, etc., the rec-
ords, etc., of the Virginia Military lands;
appropriation; proviso.
SWAMP LANDS.
3107-121. Duty of canal commission as to certain
lands, etc.
3107-122. Sale of lands.
3107-123. Annual report.
3107-124. Appraisement of certain lands in Paulding
Cô.; advertisement and sale.
3107-125. Distribution of proceeds of sale.
Injuries to school lands, township trustees may sue, see ? (1438—1).
Trespass on state lands and cutting timber or removing material; how punished, see
? (6880-1) et seq.
Canal commissioner to collect all papers, plats, records, etc., appertaining to title, see
? (218-237) et seq.
Sale of lands owned for Walhonding canal, see ? (218-301).
Sale of Miami and Erie canal land where abandoned to Toledo, see ? (218—266).
Embankment at Grand Reservoir near Celina and sale of lots thereby reclaimed, ɛee
91 v. 413.
1755
Tit. XVI.
PUBLIC LANDS.
§ (3107-59).
Licking reservoir dedicated as a park and to be called Buckeye lake, (92 v. 265), see
? (218-281).
Fort Ancient purchased and preservation of, 87 v. 345.
Same exempt from tax, ? (2732—1).
Same to be controlled by Ohio Archæological and Historical society, 88 v. 925.
Penalty and liability for injury to, ? (2732—2).
Quieting title to unpatented lands of Virginia Military District, see ? (4105-49) et seq.
(3107-59) SEC. 1. [Auditor of state to be land agent.] The office
of land agent at Defiance, as created by the provisions of the act entitled "an
act to abolish the office of commissioner of the state land office at Defiance, to
provide for the sale of lands to actual settlers, at said office, and to create the
office of land agent," passed May 1, 1854, be and the same is hereby abolished,
and the auditor of state is hereby authorized and directed to perform all the
duties devolved on said land agent by the act to which this is amendatory. [55
v. 74; S. & C. 194.]
(3107-60) SEC. 2. [Disposition of records, etc.; where office kept.]
Said land agent is hereby required and directed to make report to the auditor
of state, within thirty days from the passage of this act, of all sales by him
made since he has held said office, and he shall at the same time deliver to said
auditor, all books, papers, records, and documents, of whatever kind, pertaining
to said office, to be by said auditor carefully preserved in his office at Columbus.
[55 v. 74; S. & C. 194.]
(3107-61) SEC. 3. [Governor to make deeds, etc.] The governor
be and he is hereby authorized and required to execute and deliver deeds to
the holders of certificates of purchase issued for any lands by the several state
land offices, at Defiance, under the several acts requiring the valuation and
sale of the lands belonging to the state of Ohio, upon presentation of such
certificates and application therefor. [55 v. 74; S. & C. 194.]
(3107-62) SEC. 4. [Transfer of books, papers, etc.] The land com-
missioner of the state land office, at this time acting, shall deliver over all the
books, papers, and all other property belonging to his office, to such person as
may be appointed land agent under this act. [52 v. 120; S. & C. 195.]
(3107-63) SEC. 5. [Agent not to purchase; penalty, and suit there-
for.] Any person holding the office of land agent, shall not purchase, or enter,
or be in any manner interested, either directly, or indirectly, by himself,
agent, or clerk, or any other person whatever, in the purchase of any lands
belonging to the state, or which may hereafter be ceded to the state, and sub-
ject to sale at the office of which he is the agent; and any land agent here-
after appointed, agreeably to the provisions of this act, violating any of the
provisions of the same, shall, for every such offense, forfeit and pay the sum
of one thousand dollars, and be removed from office, upon proof thereof being
made to the governor, whose duty it shall be forthwith to remove said agent;
that the fine shall be recovered by civil action, in the name of the state of
Ohio, which action shall be brought in the county wherein said land office
is situate; and the amount recovered in said action shall be paid into the state
treasury, by the prosecuting attorney of such county; and it is hereby made
the duty of such prosecuting attorney of such county, to prosecute in behalf
of the state, all actions under the provisions of this section, for which service
he shall be allowed a reasonable compensation, to be audited and allowed
by the auditor of state, and paid out of the money recovered in such actions.
[52 v. 120; S. & C. 195.]
(3107-64) SEC. 6. [How lands sold to actual settlers.] Said land
shall be sold to actual settlers only, at seventy-five per cent. below the appraised
value respectively: provided, that any person who applies to purchase, for
1756
§ (3107-65).
PUBLIC LANDS.
Tit. XVI.
actual settlement, any of said land, at said reduction, shall, before any certifi-
ate, or other evidence of purchase or entry, is issued to him or her, by said
land agent, make and subscribe an affidavit that it is, bona fide, his or her
intention to enter upon and improve the said tract so purchased, within twelve
months from and after said purchase, and that he or she has not made such
purchase for the purpose of speculation, but for the purpose of procuring a
home for himself or herself and family; and that he or she is not the owner
of any
other lot or tract of land whatever; which affidavit shall be witnessed
by the land agent, and preserved by him with the records of his office; and no
person who may apply to purchase, shall be permitted to purchase more than
one quarter of a section of land, as aforesaid. [52 v. 120; S. & C. 195.]
(3107—65) SEC. 7. [Deed.] So soon as the purchaser shall actually
reside upon the tract by him or her purchased, at any time not exceeding
eighteen months from the date of such purchase, and prove to the satisfaction
of the land agent, the fact of his or her residence upon such tract, it shall be
the duty of the land agent to certify the same to the governor, and upon
the receipt of such certificate of proof, that the purchaser does actually reside
upon his or her tract, so purchased as aforesaid, it shall be the duty of the
governor to issue, or cause to be issued and delivered, a deed for the tract so
purchased. [52 v. 120; S. & C. 195.]
(3107-66) SEC. 8. [Agent, etc., may administer oaths, etc.] The
affidavits required to be made by this act, may be made and subscribed before
the agent, who is hereby authorized to administer oaths in such case; or before
any officer having by law a general authority to administer oaths; for admin-
istering which oath, the said land agent shall be allowed to receive the sum of
twenty-five cents. [52 v. 120; 8. & C. 195.]
(3107-67) SEC. 9. [Return of sales, etc., and payment of proceeds.]
It shall be the duty of said land agent to make return of all the sales of
land made by him, as such agent, and pay over to the treasurer of the state all
moneys received by him for the lands so sold, and fully settle with the audi-
tor of state, as often as once in three months, and at such time, oftener than
three months, as the auditor may direct; and the said land agent shall be gov-
erned by the instructions of the said auditor of state, in relation to the time
and manner of paying over such moneys, making returns, and settling with
said auditor, and the keeping of the books of his office. [52 v. 120; S. & C. 195.]
(3107–68) SEC. 10. [Effect of death of purchaser before, etc.] In
the event of the death of any purchaser, before the expiration of eighteen months
from the time of his or her purchase, there has been a failure to actually reside.
upon the tract, by him or her so purchased, the title shall, in such case, vest in
the heirs and legal representatives of such purchaser. [52 v. 120; S. & C. 195.]
(3107-69) SEC. 11. [Price reduced.] The appraisement of lands
now subject to entry or sale, at the state land office, and all lands which may
hereafter be ceded to the state, by any law of congress, which have been here-
tofore appraised, in pursuance of law, at more than two dollars per acre, is
hereby reduced to the sum of two dollars per acre, and shall be sold to actual
settlers, at seventy-five per cent. reduction, agreeably to the sixth and seventh
sections [§§(3107-64), (-65)] of this act. [52 v. 120; S. & C. 195.]
(3107-70) SEC. 1. [Correction of entries.] Whenever a purchaser of
public lands shall have purchased, at any land office in this state, a tract of land
different from that he intended to purchase, and shall desire to have his entry
corrected, he shall make application for that purpose, by himself or legal repre-
sentatives, to the register of the land office, and if it shall appear from testimony
1757
Tit. XVI.
PUBLIC LANDS.
§ (3107—71).
satisfactory to the register and receiver of public moneys that an error has been
made, the said register and receiver shall report the case, with the testimony,
and their opinion thereon, to the auditor of state, who shall have power to
direct, if in his opinion it shall be proper, that the purchaser shall be at liberty
to withdraw the entry so erroneously made, and that the money which had
been paid shall be applied to the purchase of other lands in the same district:
provided that, in reference to all sales made prior to the passage of this act,
application shall be made, as provided for by this section, within two years
after the passage of this act; and in reference to all sales or entries hereafter
made, application shall be made within two years from the date of such sale
or entry. [42 v. 6; S. &. C. 196.]
(3107-71) SEC. 2. [Remedy of purchaser when purchase is void.]
Whenever a tract of land shall have been purchased from the state of
Ohio, the purchase whereof is, or may be void, by reason of a prior sale
thereof by the state of Ohio, or by the United States, or for lack of title
thereto in the state of Ohio, or from any other cause whatever, said purchaser,
or the legal representatives of said purchaser, or purchasers, shall be entitled
to repayment of any sum or sums of money paid for on account of said land,
on making proof to the satisfaction of the auditor of the state of Ohio, that
the same was erroneously sold; and the auditor is hereby anthorized and
required, on surrender, by said purchaser, or his legal representative, of the
certificate of purchase, deed, or other evidence of title by which he or they
claim to hold, and propose release to the state, to issue his warrant upon the
treasurer of state for the repayment of such sum or sums of money, paid as
aforesaid, with interest thereon at the rate of six per centum per annum, from
the date of said illegal sale. [42 v. 6; S. & C. 196.]
A purchaser from the state of land already sold and conveyed to another by a deed not yet recorded,
gets no title to the land, for the second sale was unauthorized and void: Webster v. Clear, 49 O. S. 392.
This statute is still in force: Webster v. Clear, 49 O. S. 392, 400.
(3107-72) SEC. 3. [Register authorized to administer oaths; testi-
mony, forms, and fees under the two preceding sections.] The register of
any land office is hereby authorized to administer oaths in relation to the cor-
rection of errors made at that office, and that in no instance shall the testi-
mony of an applicant for a change of entry, without corroborating testimony,
be sufficient to sustain said application; and that the auditor of state shall
forward to each of the land offices in this state a copy of this act, with such
forms as he shall direct relative to taking testimony, releases to the state, etc.:
provided, that said registers are hereby expressly forbidden to receive any fee
or fees for administering said oaths, or reducing said depositions to writing.
[42 v. 6; S. & C. 196.]
(3107-73) SEC. 1. As to volunteers: time of commencement of
residence extended; how deed obtained.] Whenever any person who shall
have purchased lands under the provisions of the act to which this is supple-
mentary, shall enlist or be employed in the actual service of the United States
or of the state of Ohio, as a volunteer in the present war or rebellion, before
having settled upon said lands, the time of the commencement of his actual
residence on the land so entered by him, and of his improvement thereon,
shall be extended to eighteen months from the time of his discharge from such
service; and if within eighteen months from the time of his discharge, as
aforesaid, said purchaser shall prove, to the satisfaction of the auditor of state,
the fact of his residence upon such tract, it shall be the duty of the auditor
of state to certify the same to the governor, and upon the receipt of such cer-
1758
§ (3107—74).
PUBLIC LANDS.
Tit. XVI.
tificate of proof that the said purchaser does actually reside upon his tract so
purchased, as aforesaid, it shall be the duty of the governor to issue or cause
to be issued and delivered a deed for the tract so purchased, in conformity to
the provisions of the act to which this is supplementary: provided, the pro-
visions of this act shall not extend to any purchaser whose term of eighteen
months shall have expired after the time of purchase, and before the time of
..is being mustered into service, as aforesaid. [59 v. 43; S. &. S. 58.]
(3107-74) SEC. 1. [Appraisement of land.] The governor is hereby
authorized and required to appoint an appraiser to appraise all lands belonging
to the state of Ohio not heretofore appraised, and return to the office of the
auditor of state, except those lying in Franklin county, or such as are used or
intended for the purposes of the canal, or for leases of water power connected
therewith, whose compensation shall be three dollars per day and traveling ex-
penses, to which appraiser the auditor of state shall furnish a list of all such
lands for appraisement. [63 v. 140; S. & S. 59.]
(3107-75) SEC. 2. [Return of appraisement.] It shall be the duty
of said appraiser, immediately after receiving said list, to proceed to appraise
such lands, and make due return thereof to the auditor of state. [63 v. 140;
S. & S. 59.]
(3107-76) SEC. 3. [Subject to entry at appraisement.] Upon re-
turn of such appraisement, said lands, including those heretofore appraised,
shall be subject to entry at the office of the auditor of state at their appraised
value. [63 v. 140; S. & S. 59.]
(3107-77) SEC. 4.
[Relief of former purchasers.] The purchasers
of land from the state under the laws heretofore in force, for the sale of such
lands below their appraised value to actual settlers, and who are unable to
make the necessary proofs of improvement, and settlement under the require-
ments of the aforesaid acts, shall have the right themselves, their heirs and
assigns, to enter said lands at their appraised value, deducting the amount
already paid thereon to the state. [63 v. 140; S. & S. 59.]
(3107–78) SEC. 5. [When lands to be sold.] In case any of the
aforesaid lands shall remain unsold for a period of two years from the passage
of this act, the same shall be sold by the auditor of state for the best price that
can be obtained therefor. [63 v. 140; S. & S. 59.]
(3107-79) SEC. 6. [Lands omitted from appraisement to be after-
ward appraised and sold.] If the auditor of state shall at any time ascertain
that any land which should have been appraised under the provisions of this
act shall have been omitted in the list required to be furnished by the first
section [$(3107-74)] of this act, he shall cause the same to be appraised and
sold as herein before provided. [63 v. 140; S. & S. 59.]
(3107-80) SEC. 1. [Field notes of surveys of" congress lands" record-
ed; copies evidence.] The secretary of state be and he is hereby authorized to
employ some competent person to record in permanent volumes, for preservation
and reference, the field notes of the surveys of the tract denominated "congress
lands," lying north of the Greenville treaty line, west of the Muskingum river,
and south of the "Connecticut reserve." Said volumes to be duly paged, and
the townships indexed, in a manner similar to the later records of surveys in
the western parts of the state, deposited in the office of the secretary of state.
Said records shall be carefully compared with the original field notes and
records, and duly certified as correct by the secretary of state. Copies of said
records, or any portion of them, with the official certificate of the secretary of
state, as prescribed by law, shall be received as legal evidence in all courts
within this state. [63 v. 122.]
1759
Tit. XVI.
PUBLIC LANDS.
§ (3107-81).
(3107-81) SEC. 2. [Compensation for making record.] The price
to be paid for recording and comparing said records, and indexing the town-
ships, shall not exceed ten cents per 100 words; and the sum of three hundred
dollars is hereby appropriated for defraying the expenses thereof. [63 v. 122,]
(3107-82) SEC. 1. [How title of the state to Wabash and Erie canal
lands proved.] In all civil actions and criminal prosecutions, whenever it shall
be material in such action or prosecution, in support of the same, to prove that
the state of Ohio has title to, or is in possession of, any section, tract, lot, or parcel
of land, granted by an act of congress entitled "an act to grant a certain quantity
of land to the state of Indiana, for the purpose of aiding said state in opening
a canal to connect the waters of the Wabash river with those of Lake Erie,"
passed March second, one thousand eight hundred and twenty-seven, and
which were, by the state of Indiana, transferred to the state of Ohio, by a
joint resolution of the general assembly of the said state of Indiana, approved
February first, one thousand eight hundred and thirty-four, the certificate of
the secretary of the state of Ohio, under the seal of the state, setting forth
that such section, tract, lot, or parcel of land, belongs to the state of Ohio,
shall, in all such actions and prosecutions be sufficient prima facie evidence
that the title to such section, tract, lot, or parcel of land is in the state of
Ohio, and that the said state of Ohio is in possession thereof, any law or usage
to the contrary notwithstanding. [41 v. 51.]
For "an act to provide for the abandonment and sale of the Wabash and Erie canal
and Six-mile reservoir in Paulding county" (85 v. 207), see ? (218—247).
(3107-83) SEC. 1. [Records relating to lands in Ohio Company's Pur-
chase deposited in recorder's office.] William Rufus Putnam and William S.
Ward, of Washington county, Ohio, be and the same are hereby authorized
to collect all books, plats, records, and official correspondence relating to
titles to lands within the "Ohio Company's Purchase," now in the possession
of said William Rufus Putnam, and arrange the same and have them properly
bound; after which they shall deposit the same in the recorder's office of said
Washington county, and the said William Rufus Putnam and William S.
Ward shall receive such compensation for their services, not exceeding two
hundred dollars, as may be allowed by the commissioners of said county:
provided, that such books, plats, records, and correspondence shall not be
so deposited in the recorder's office, nor shall said Putnam and Ward be paid
for their services in arranging and preparing the same, until such books, plats,
and other papers shall have been submitted to the inspection of the county
commissioners and prosecuting attorney of Washington county, and by them
be approved and accepted; and the sum of two hundred dollars is hereby
appropriated to carry out the provisions of this [act], payable out of any funds
that may be levied for that purpose by the commissioners of Washington
county on the order of the auditor of said county, in accordance with h
certificate and direction of said commissioners. [54 v. 119.]
(3107-84) SEC. 2. [Copies made evidence.] Copies from said books,
plats, records, and official correspondence shall, after the same have been
deposited in the recorder's office of Washington county, according to the
requirements of this act, duly certified by the recorder, be received in all
the courts of Ohio as evidence, in all cases in which said original books,
papers, and official correspondence would be competent testimony upon
the same rules and subject to the same conditions, that copies of deeds and
other records in said office are now received in said courts: provided, that
the commissioners of the county of Washington may fix the rates to be charged
1760
✓
§ (3107-84).
PUBLIC LANDS.
Tit. XVI.
for all examinations and certified copies of such records, plats, books, and cor-
respondence, and the amounts so paid for such examinations shall be by the
auditor paid into the treasury of said county. [54 v. 119.]
WHEREAS, By an act of congress approved July second, one thousand eight
hundred and sixty-two, it is provided as follows:
[Act of congress donating lands for the endowment of agricultural
and mechanical arts, and trust accepted, etc.] "Be it enacted by the Senate
and House of Representatives of the United States of America in Congress assem-
bled, That there be granted to the several states for the purposes hereinafter
mentioned, an amount of public land to be apportioned to each state a quantity
equal to thirty thousand acres for each senator and representative in congress,
to which the states are respectively entitled by the apportionment under the
census of eighteen hundred and sixty: provided, that no mineral lands shall
be selected or purchased under the provisions of this act.
"SEC. 2. That the land aforesaid, after being surveyed, shall be appor-
tioned to the several states in sections or subdivisions of sections not less than
one quarter of a section, and whenever there are public lands in a state sub-
ject to sale at private entry at one dollar and twenty-five cents per acre, the
quantity to which said state shall be entitled shall be selected from such land
within the limits of such state, and the secretary of the interior is hereby
directed to issue to each of the states in which there is not the quantity of
public lands subject to sale at private entry at one dollar and twenty-five
cents per acre, to which said state may be entitled, under the provisions of
this act, land scrip to the amount in acres for the deficiency of its distributive
share, said scrip to be sold by said states, and the proceeds thereof applied
to the uses and purposes prescribed in this act, and for no other use or pur-
pose whatsoever: provided, that in no case shall any state to which land scrip
may be thus issued, be allowed to locate the same within the limits of any
other state or of any territory of the United States; but their assignees may
thus locate said land scrip upon any of the unappropriated lands of the United
States subject to sale at private entry, at one dollar and twenty-five cents per
acre; and provided, further, that not more than one million acres shall be
located by such assignees in any one of the states; and provided, further, that
no such location shall be made before one year from the passage of this act.
"SEC. 3. That all the expenses of management, superintendence and taxes
from date of selection of said lands, previous to their sales, and all expenses
incurred in the management and disbursement of the moneys which may be
received therefrom, shall be paid by the states to which they may belong out
of the treasury of said states, so that the entire proceeds of the sale of said
lands shall be applied without any diminution whatever to the purpose herein-
after mentioned.
"SEC. 4. That all moneys derived from the sale of the lands aforesaid by
the state to which the lands are apportioned, and from the sales of the land
scrip herein before provided for, shall be invested in stocks of the United
States, or of some other safe stocks, yielding not less than five per centum
upon the par value of said stocks, and that the moneys so invested shall con-
stitute a perpetual fund; the capital of which shall remain forever undimin-
ished (except so far as may be provided in section fifth of this act), and the
interest of which shall be inviolably appropriated by each state which may
take and claim the benefit of this act to the endowment, support, and mainte-
1761
Tit. XVI.
PUBLIC LANDS.
§ (3107—84).
nance of at least one college, where the leading objects shall be, without exclud-
ing other scientific and classical studies, and including military tactics, to teach
such branches of learning as are related to agriculture and the mechanic arts,
in such a manner as the legislatures of the states may respectively prescribe, in
order to promote the liberal and practicable education of the industrial classes
in the several pursuits and professions of life.
"SEC. 5. That the grant of land and land scrip hereby authorized, shall
be made on the following conditions, to which, as well as to the provisions
hereinbefore contained, the previous assent of the several states shall be
signified by legislative act :
"First-If any portion of the fund invested, as provided by the foregoing
section, or any portion of the interest thereon, shall by any action or con-
tingency, be diminished or lost, it shall be replaced by the state to which it
belongs, so that the capital of the fund shall remain forever undiminished,
and the annual interest shall be regularly applied without diminution to the
purposes mentioned in the fourth section of this act, except that a
not exceeding ten per centum upon the amount received by any state under
the provisions of this act may be expended for the purchase of lands for sites
or experimental farms whenever authorized by the respective legislatures of
said states.
"Second-No portion of said fund, nor the interest thereon, shall be
applied directly or indirectly under any pretense whatever, to the purchase,
erection, preservation, or repair of any building or buildings.
"Third-Any state which may take and claim the benefit of the provisions.
of this act, shall provide within five years at least not less than one college as
described in the fourth section of this act, or the grant to such state shall cease,
and said state shall be bound to pay the United States the amount received
of any lands previously sold, and that the title to purchase under the state
shall be valid.
"Fourth-An annual report shall be made, regarding the progress of each
college, recording any improvements and experiments made, with their costs
and results, and such other matters, including state industrial and economical
statistics as may be supposed useful; one copy of which shall be transmitted
by mail free, by each, to all other colleges which may be endowed under the
provisions of this act, and also one copy to the secretary of the interior.
"Fifth-When lands shall be selected from those which have been raised
to double the minimum price, in consequence of railroad grants, they shall be
computed to the states at the maximum price, and the number of acres pro-
portionally diminished.
"Sixth-No state while in condition of rebellion or insurrection against
the government of the United States, shall be entitled to the benefits of this
act.
"Seventh-No state shall be entitled to the benefits of this act, unless it
shall express its acceptance thereof by its legislature within two years from
the date of its approval by the president.
"SEC. 6. That land scrip issued under the provisions of this act, shall not
be subject to location until after the first day of January, one thousand eight
hundred and sixty-three.
"SEC. 7. That the land officers shall receive the same fees, for locating
land scrip issued under the provisions of this act, as are now allowed for the
location of military bounty and land warrants, under existing laws: provided,
their maximum compensation shall not be thereby increased.
#
112
1762
§ (3107—85).
PUBLIC LANDS.
Tit. XVI.
"SEC. 8. That the governors of the several states to which scrip shall be
issued under this act, shall be required to report annually to congress all sales
made of such scrip until the whole shall be disposed of, the amount received for
the same, and what appropriation has been made of the proceeds." Therefore,
(3107-85) SEC. 1. [Assent of the state of Ohio to the trust.] The
assent of said state is hereby signified to the aforesaid act of congress, and to
all the conditions and provisions therein contained, and the faith of the state
of Ohio is hereby pledged to the performance of all such conditions and pro-
visions. [61 v. 7; S. & S. 645.]
Act to accept congressional annual appropriation of part of proceeds of land sales to
colleges for agriculture and the mechanic arts established under the foregoing act, 88 v. 518.
(3107–86) SEC. 1. [Sale of U. S. land scrip.] The auditor, treasurer, and
secretary of state are hereby authorized and directed to advertise, as often as
they may deem the same advisable, and in such form as to them may seem
proper and necessary to the prompt disposition of the land scrip received from
the United States for the establishment of an agricultural and mechanical col-
lege or colleges in the state of Ohio, for proposals for the purchase of the
same, in quantities not less than one hundred and sixty acres, such proposals
for purchase to be made either to said auditor, treasurer, and secretary of state,
or to the auditor and treasurer of any county of the state, subject to the lim-
itations and restrictions from time to time fixed by said auditor, treasurer, and
secretary of state, not inconsistent with this act. [1866, April 5: 63 v. 139;
S. & S. 649; 62 v. 189.]
(3107-87) SEC. 2. [Commissioners may appoint competent person to
assist them; terms of sale.] Said auditor, treasurer, and secretary of state
are hereby authorized to sell or cause to be sold said land scrip at the best
price they can obtain for the same, and to employ a suitable person or persons
to aid them in making such sales, and to pay to such persons such commissions
on sales made by them, as they may deem adequate to secure prompt and vig-
orous efforts to effect sales. And they are further authorized to accept propo-
sitions for the purchase of said scrip in quantities not less than fifty thousand
acres of land, on terms of payment of not less than one-fourth in hand, and
the remainder in payments not more extended than one-fourth in two years,
one-fourth in four years, and the remaining one-fourth in six years; or in
quantities of not less than ten thousand acres of land, on the following terms
of payment: Not less than one-fourth in hand, and the remainder in pay-
ments not more extended than one-fourth in one year, one-fourth in two years,
and the remaining one-fourth in three years, with interest on the deferred
payments from the date of purchase; and the deferred payments to be secured
by mortgage upon real estate situate within the state of Ohio, or deposit of the
bonds of this state or of the government of the United States: provided, also,
that all contracts to pay commissions on sales, or for the sale of scrip on time,
shall be approved by the governor, in writing, before the same shall be valid
and binding on the state. [1866, April 5: 63 v. 139; S. & S. 649; 62 v. 189.]
(3107-88) SEC. 3. [Transfer of scrip to purchaser.] Upon the ac-
ceptance of proposals, and payment thereon, the party entitled thereto shall
receive from said officers the amount of scrip so purchased, with a certificate
that he has duly purchased and paid for the same; and on presentation of the
same to the governor, he shall execute the necessary transfer of the scrip, in
accordance with the regulations provided by the general land office therefor.
[S. & S. 648.]
1763
Tit. XVI.
PUBLIC LANDS.
§ (3107-89).
(3107--89) SEC. 4. [Compensation to county auditors and treasurers.]
The auditor and treasurer of each county in the state shall jointly receive for
such service as they may perform under this act, in accordance with their
instructions from the auditor, treasurer, and secretary of state, a sum equal
to five per centum on all moneys received and paid over by them upon the
first three hundred and twenty acres of scrip sold, three per cent. on all moneys
so received and paid over for the next three hundred and twenty acres sold,
and one per cent. on all receipts for sales after six hundred and forty acres
have been sold; and it is hereby made the duty of the auditor and treasurer
of each county in the state to perform such services as may be required of them
by the auditor, treasurer, and secretary of state, under this act; and the afore-
said county officers shall be paid by the auditor of state out of the money
hereinafter appropriated for such purpose. [S. & S. 648.]
(3107-90) SEC. 5. [Annual report to governor.] Said auditor, treas-
urer, and secretary of state, shall, annually, on the first Monday of December,
make to the governor a full and explicit report of all their proceedings, and
of the proceedings of county auditors and treasurers, under this act, which
report the governor shall communicate to the general assembly at the next
ensuing session thereof. [1866, April 5: 63 v. 139; S. & S. 650.1
(3107-91) SEC. 6. [How money received and applied.] All money
received from the sale of land scrip shall be paid into the state treasury, and
shall be appropriated and used by the commissioners of the sinking fund for
the reduction and payment of the other public debt of the state. [S. & S. 648.]
(3107-92) SEC. 7. [Interest on moneys received, and applied.] Upon
the amount of money so received for the sale of scrip appropriated for and to
be used in the reduction of the other public debt of the state, as aforesaid,
there shall be allowed, and paid semi-annually on the first days of July and
January in each year, interest at the rate of six per cent. per annum; which
shall be appropriated as provided in the act of congress approved July 2d,
1862, "to the endowment, support and maintenance of at least one college,
where the leading object shall be-without excluding other scientific and
classical studies, and including military tactics-to teach such branches of
learning as are related to agriculture and the mechanic arts;" and for the
prompt and regular payment of said interest, the preservation and appropria-
tion of said fund, and the strict observance and fulfillment of the act of con-
gress before referred to, the faith of the state is hereby irrevocably pledged.
[S. & S. 648.]
(3107-93) SEC. 8. [Fund commissioners may reduce the agricultural
fund by investment.] The commissioners of the sinking fund are hereby
authorized and empowered, as fast as the sinking fund will enable them to do
so, to reduce the debt called the "agricultural fund," by the purchase of stocks
of the United States or of this state, yielding not less than six per centum upon
the par
value of said stocks, which stocks, when so purchased, shall be trans-
ferred to the "state of Ohio, in trust for the agricultural college," and shall
be deposited with the treasurer of state, and when so purchased, transferred,
and deposited, shall, to the extent of the amount paid for such stocks, reduce the
debt hereby created and denominated the "agricultural fund." [S. & S. 648.]
(3107-94) SEC. 1. [Occupants entitled to preference, etc.] In the
case of such islands in the Great Miami river, belonging to the state of Ohio,
or any state lands adjacent thereto, which are in the actual and exclusive oc-
cupancy of any person or persons who have made improvements thereon, or
of their heirs or assigns, such occupants thereof shall have the preference right
1764
§ (3107—95).
PUBLIC LANDS.
Tit. XVI.
to enter the same at seven dollars and fifty cents per acre, on making proof of
the facts to the satisfaction of the auditor of state, and paying for the land
within six months from the passage of this act, and deeds shall be executed
and delivered for the tracts so entered as usual in entries of canal lands. [67
v. 17.]
WHEREAS, It is ascertained by good authority that considerable quantities
of valuable canal lands, belonging to the state of Ohio, remain unsold, and
are bringing no revenue whatever to the state; and,
WHEREAS, The exact locality and description of much of these lands is
unknown to the proper authorities of the state; therefore,
(3107-95) SEC. 1. [Board of public works to locate certain lands;
appraisal thereof.] The board of public works are hereby authorized and
required to ascertain and locate all the lands belonging to the state of Ohio,
which lie at or near the public works of the state, and also all lands lying
contiguous to the Mercer county and Lewistown reservoirs, and the lands not
necessary to carry out the contract leasing the public works, and report the
same to the auditor of state, together with a proper description of each tract
thereof, and for that purpose said board are authorized to employ a surveyor
or surveyors; and said board are authorized and required to cause all such
lands to be appraised by three competent disinterested freeholders in each of
said counties wherein any of such land is located. [69 v. 194.]
(3107-96) SEC. 2. [Sale of lands; purchase and per centum; gov-
ernor shall execute deeds; auditor of state to offer lands for sale at door
of court-house; advertise; when private sales may be made.] As soon
as the location and appraisement of said land shall be reported to the auditor
of state, he shall enter the same of record in a suitable book prepared for the
purpose, and may then sell the same at a sum not less than the appraised value.
thereof, one-fourth the purchase to be paid on the day of sale, the balance in
equal annual installments, with interest at six per centum, payable annually;
and the said auditor of state shall give to purchasers certificates of purchase,
and of payments of principal and interest, as the same shall be made, and upon
full payment of purchase money and interest, the governor of the state shall
execute deeds to said purchasers, or their assignees, in fee simple for the lands
sold; and all sums arising from the the sale of said lands shall be paid into
the treasury of the state to the credit of the sinking fund: provided, that
the lot of land described as the stone quarry in the survey number 2668, and
such lands along the canals as were obtained for gravel banks for the purpose
of repairing the canals, or for sites for water power at locks where such
power has not yet been brought into use, shall not be sold until directed by
the general assembly; and, provided, further, that the auditor of state cause
said lands to be offered at public sale at the door of the court house in each of
the counties wherein the lands lie, and shall cause public notice of such sale or
sales to be published in a newspaper printed in each of said counties, or of
general circulation therein, for five consecutive weeks immediately preceding
such sale, and if said land shall not sell at public sale, then the auditor
of state may sell at private sale, but in no case shall the lands be sold for less
than the appraised value thereof: provided, that nothing herein shall apply to
any lands within the limits of the city of Cleveland, now used for the bed of
the Ohio canal, its tow-path, or basin, or needed to connect said canal with the
Cuyahoga river at or near a point sixteen hundred feet north of the south line.
of said city, where it crosses said Ohio canal. [1877, March 1: 74 v. 36;
69 v. 194.]
1765
Tit. XVI.
PUBLIC LANDS.
§ (3107—97).
(3107-97) SEC. 1. [Freeholders to re-appraise lands when leases.
expire; former lessee to have preference.] The trustees of township eleven,
range fourteen, Ohio Company's purchase in Trimble township, Athens county,
Ohio, shall, immediately after the passage of this act, whenever any lease of
any school land in section numbered sixteen, or in ministerial section number
twenty-nine, in said Trimble township, shall terminate and expire by its terms,
appoint three disinterested freeholders of the county, not residents of or owning
land in said township, whose duty it shall be, within ten days after such appoint-
ment, to appraise under oath the lands and premises described in such lease or
leases so expired, and shall file their appraisement, signed by them, in the
office of the clerk of such township, and thereafter the said trustees shall, at a
time and place to be by them fixed, and of which notice shall be given by
posting five notices in as many public places in said township, not less than
ten nor more than fifteen days prior to such leasing, proceed to re-lease, to the
highest and best bidder, such land for a term of seven years from the first day
of March next following the expiration of such former lease or leases, but at
not less than five per cent. annually upon the appraised value of said land;
but if any former lessee shall bid for a new term six per cent. per annum upon
the said appraised value, then such former lessee shall have preference over
all other bidders for the land covered by his former lease, if such former lessee
shall have fully complied with all the terms of his or her former lease, and
shall not be in arrears for rent. [72 v. 173.]
(3107-98) SEC. 2. [Lands to be appraised every seven years.] And
the trustees aforesaid are hereby required, at the end of every seven years after
such leasing, under this act, to have said lands re-appraised as provided for in
section one [§(3107-97)] of this act, without reference to any improvement that'
may have been made thereon, save only such as may have been made in payment
of rent thereon, and shall re-let the same to the former lesses, their heirs or as-
signs upon the said lessee, or his or her heirs or assigns bidding to pay six per
cent. per annum rent upon the new appraisment in this section provided for; and
if such lessee, or his or her heirs or assigns, shall neglect or refuse to bid such
price, then such trustees shall re-let the same to the highest bidder, but at not
less than five per cent. annually upon the appraised value of such land. [72 v.
173.]
(3107-99) SEC. 3. [Compensation of appraisers.] The appraisers
provided for in this act shall be paid like compensation as is provided by law
to be paid to commissioners in proceedings for partition of real estate, out of
the treasury of the township, by order of the trustees. [72 v. 173.]
(3107-100) SEC. 4. [Who to administer oaths to appraisers.] The
township clerk, or any justice of the peace or notary public, shall have power
to administer oaths to such appraisers. [72 v. 173.]
Re-appraisement of school lands excessively re-appraised in 1887, see? 1408a.
(3107-101) SEC. 1. [When deed prima facie evidence.] Whenever it
shall be necessary, in any civil action or criminal proceeding, to prove the title
of the state of Ohio to any lands granted by an act of congress entitled "an act to
grant a certain quantity of land to the state of Indiana, for the purpose of aid-
ing said state in opening a canal to connect the waters of the Wabash river
with those of Lake Erie," passed March second, one thousand eight hundred and
twenty-seven, and which were, by the state of Indiana, transferred to the state
of Ohio by a joint resolution of the general assembly of said state of Indiana,
approved February first, one thousand eight hundred and thirty-four, and
such lands as have been or may hereafter be conveyed by the state of Ohio,
to any person or persons, body politic or corporate, the deed of the state of
1766
§ (3107-102).
PUBLIC LANDS.
Tit. XVI.
Ohio, conveying the same, shall be prima facie evidence that the title to the
land conveyed was in the state of Ohio at the time of the execution of said
conveyance. [67 v. 5.]
(3107-102) SEC. 1. [Proof of certain rents dispensed with.] Hereafter
in applications for the surrender of permanent leases of any tract or parcel of
land, comprising a part of lands commonly known as the "Virginia Military
School Lands," in order that the lessee, or assignee of the original lessee, may
be vested with the fee simple estate in such tract or parcel of land, it shall
not be necessary for such lessee or assignee making such application, to make
proof of the payment of any rents or interest accruing under, and by virtue
of such lease upon such lands, prior to the year 1830. [54 v. 41; S. & C. 1344.]
(3107-103) SEC. 2. [Original surrender or proof dispensed with in
some cases.] The register of the Virginia military school lands, when such ap-
plications are made, upon satisfactory proof that the original lease, or any assign-
ment thereof, of any tract or parcel of such lands has been lost or destroyed
without the procurement, and against the will of such applicant, may issue a
certificate of purchase, as is now provided by law, without requiring the pro-
duction and actual surrender of such original lease, or proof of such assign-
ment of the same: provided, that such register shall not in any such case
issue a certificate of purchase, as aforesaid, unless and until he is satisfied,
from competent testimony, that such applicant is, in good faith, the owner of
such leasehold estate; and that he has held peaceable, quiet, and undisputed
possession thereof for the term of twenty-one years next preceding his said
application, either by himself or his immediate lessor or lessors. [54 v. 41;
S. & C. 1344.]
WHEREAS, In many counties of the state of Ohio, through misapprehen-
sion of an act entitled "an act to regulate the sale of ministerial and school
lands, and the surrender of permanent leases thereto," passed February 2,
1843, also of an act entitled "an act to regulate the sale of school lands, and
the surrender of permanent leases thereto," passed April 16, 1852, the trust-
ees of the civil townships have sold section sixteen to various purchasers,
who have purchased said lands in good faith, have paid the purchase money
and taken possession of said lands, and in many instances made large improve-
ments on the same: therefore, in order to cure the defects in the titles of such
purchasers to such lands, and to quiet them in the possession thereof,
(3107–104) SEC. 1. [Sales of section 16 confirmed.] Such sales of
section sixteen in the original surveyed townships or fractional townships, and
all sales of land granted by the congress of the United States, in lieu of said sec-
tion sixteen, which have been made otherwise in conformity with the provis-
ions of the acts recited in the foregoing preamble be, and the same are hereby
confirmed; and such purchasers and their assignees and heirs at law shall hold
the purchases so by them made, by a title as good and valid as though the
proceedings for such sale had been instituted by the trustees of the original
surveyed or fractional townships. [53 v. 63; S. & C. 1344.]
((
(3107–105) SEC. 1. [Register appointed; term of office.] From and
after the passage of this act, the manner of appointing the register of the Virginia
Military District school lands, provided for by the first section of an act entitled
an act directing in what manner certain lands granted by congress for the
use of schools in the Virginia military tract, shall be surveyed and disposed of,
passed February 17, 1809," shall be by the governor, by and with the advice
and consent of the senate; which register, when so appointed, shall hold his
office for the term of two years, and until his successor shall be appointed and
qualified; and shall be governed in all respects by the laws now in force regu-
1767
Tit. XVI.
PUBLIC LANDS.
§ (3107-106).
lating the management and sale of said land, and be liable to all the restric-
tions, and subject to all the penalties now in force upon that subject. [50 v.
108; 3 Curwen 1739.]
(3107-106) SEC. 2. [Vacancy to be filled by governor; removal for
insanity.] Should a vacancy happen in said office of register, by death, resig-
nation, or otherwise, during the recess of the general assembly, it shall be the
duty of the governor to appoint some person to fill such vacancy, which
appointment shall not extend beyond the adjournment of the next session of
the general assembly thereafter: provided, that if such register has been or
shall hereafter be adjudged insane, the governor shall have power to remove
him from said office, and to appoint some other suitable person to said office
for the unexpired term for which said register was appointed, under the pro-
visions of the first section of said original act of February 22, 1852. [1875,
January 7: 72 v. 14; 50 v. 108.]
(3107-107) SEC. 1. [Owners of unsurrendered school lands to present
leases to register at Mansfield, O.; duty of register.] The owners and hold-
ers of any unsurrendered school lands granted by an act of Congress, passed
March 2, A. D. 1807, appropriating lands for the use of schools in the Virginia
Military reservation, in lieu of those theretofore appropriated, viz., eighteen
townships and three sections of land lying between the United States Military
tract and the Western Reserve tract in the state of Ohio, upon due notice being
given, shall be permitted to present to the register of Virginia Military school
lands, at Mansfield, Ohio, all leases, quit claim deeds, or other evidences of
title, or receipts for the payment of annual interest required to be paid by
them, according to the terms of their said lease, together with a correct
description of said lands, so held and claimed by them, whereupon said reg-
ister shall prepare a complete abstract of title for the said land so far as the
same can be made from the records in his said office, and shall record the same
in a book suitable for said purpose, to be furnished by the auditor of state.
[76 v. 147.]
See supplementary act (78 v. 65).
(3107–108) SEC. 2. [Re-appraising lands.] All lands so as aforesaid
found by said register to be so owned and held, and which are by law required
to be re-appraised, shall be so appraised by said register in the manner
required; and all such lands which are by law not required to be again
re-appraised, may, if the owners and holders of the leases therefor desire, be
surrendered within one year from the passage of this act in the manner now
prescribed by law. [76 v. 147.]
(3107-109) SEC. 3. [Seal for register's office: when to be used.]
The said register shall procure a seal for his said office, which shall not exceed
one and one-quarter inches in diameter, on which shall be engraved the coat of
arms of the state, surrounded by the words, "Register of Virginia military
school lands, Mansfield, O-," an impression of which seal he shall attach to all
abstracts of title furnished by him from the records in his said office. [76 v.
147.]
As to coat of arms, see ? 15.
(3107-110) SEC. 4. [Payment of expense for making survey, etc.; fees
of the register.] The expenses of making the required survey, and furnish-
ing such leases and quit claim deeds, or certified copies of the record of the
same, shall be paid by the owner and holder of such leases; but for the services
rendered by the said register for recording such leases, quit-claim deeds, and
1768
§ (3107-111).
PUBLIC LANDS.
Tit. XVI.
making necessary abstracts of the same, in order to procure a complete chain
of title [for] such lands, and for properly indexing the same upon his records,
the said register shall be entitled to charge and receive the following fees, viz.:
For recording all papers necessary to be recorded, ten cents for every one
hundred words; which shall be paid to him upon first furnishing to the
auditor of state a correct itemized statement of the amount, duly verified by
his oath, and upon the approval of such account by the auditor, he shall draw
his warrant on the treasury for the amount. [76 v. 147.]
(3107-111) SEC. 2. [Books and stationery; abolishing office of regis-
ter.] The auditor of state shall furnish all necessary books and stationery for the
proper discharge of the duties of said register as herein required, and when
said register shall have procured the surrender of all such leases so as afore-
said still held from the state from such as desire to surrender the same, and
shall have completed a survey or description of said lands, and abstract of
titles to the lands refused to be surrendered by the owners and holders thereof;
and shall have paid into the treasury all money coming into his hands by virtue
of his office, before his term of office expires; or upon the expiration of his
term of office, he shall deposit all books and papers in his possession pertain-
ing to said office, with the auditor of state, and thereupon the office of register
of Virginia military school lands at Mansfield shall cease and determine; and,
thereafter, any further duties pertaining thereto shall be discharged by the
auditor of state. [76 v. 147.]
(3107-112) SEC. 1. [Auditor of state to prepare acc't of persons hold-
ing leases of school lands, and send to Co. treasurer.] The auditor of state,
in addition to the duties heretofore imposed upon him by the provisions of
the act to which this is supplementary, or by any laws now in force in regard
to said Virginia military school lands, shall be and he is hereby required to
prepare at his office triplicate accounts of all interest, charges, or accounts
against persons holding any lease or leases of said lands, located in the several
counties where situated, described in the first section of the act to which this
is supplementary, to contain the names of the several lessees in alphabetical
order, describing such lands, the number of acres so held, the amount of the
annual interest due thereon, and the date when due, and shall forward one of
said copies to the treasurer of the proper county, immediately, in case the same
has not been paid, and hereafter on or before the first day of October each year.
[78 v. 65.]
(1307–113) SEC. 2. [County treasurer to collect interest charged
against said lands, and settle with auditor of state therefor.] The treas-
urer of such county shall collect the interest so charged against such lands,
from the holders of leases or their assigns, when the same becomes due, giving
his receipt therefor, and shall fully account for the money so received, and
settle with the auditor of state therefor, paying the amount so collected to the
auditor of state at the time of making his semi-annual settlement in August.
each year, retaining for his services in said collection one percentum of all
moneys so collected. [78 v. 65.]
(3107-114) SEC. 3. [Treasurer to certify list to auditor of state of
persons who refuse to pay; lease to be forfeited in case of persistent re-
fusal.] After making his settlements as aforesaid with the auditor of state,
said treasurer shall certify to the auditor of state a list of the persons holding
such leases, the description of the lands, and amount of interest due thereon,
who refused or neglected to pay the same; whereupon the auditor of state
1769
Tit. XVI.
PUBLIC LANDS.
§ (3107-115).
shall immediately proceed to collect the same as now provided by law; and
in case of persistent refusal of such persons, to pay such interest due the state,
shall proceed to have their said leases forfeited, and such lands proceeded with
as now directed by law. [78 v. 65.]
(3107-115) SEC. 4. [Auditor to pay money to treasurer.] The audi-
tor of state shall, so soon as the said moneys are paid to him by the several
county treasurers, pay the same into the state treasury as other money is
required to be paid, and place the same to the credit of the proper fund to be
disposed of as now required by law. [78 v. 65.]
(3107-116) SEC. 5. [Treasurer to give notice to leaseholders that
he will receive interest due.] The treasurer of each of such counties, wherein
are located such lands, at the time of giving notice of the amount of taxes
levied and due each year, shall also give notice, at the same time, and in the
same manner, that he will also receive such interest due from the holders of
leases of school lands within such county, and when the same will become due
and payable. [78 v. 65.]
(3107–117) SEC. 6. [Persons may pay principal of amount due,
and receive deed.] When any person desires to pay the principal of the
amount due the state on leases heretofore made of such lands, such person
is hereby authorized to pay the same to the auditor of state, and shall surren-
der his lease therefor, as now provided by law; whereupon the auditor of
state shall prepare, and forward to such person or persons, a deed of conveyance
for such lands, duly executed by the governor, which money the auditor of
state shall, when so as aforesaid paid to him, immediately pay into the state
treasury, to be disposed of as now required by law. [78 v. 65.]
(3107-118) SEC. 7. [Auditor of state to deliver to treasurer of state
copies of bids and settle as in other cases.] At the time of delivering to
the treasurers of the several counties, copies of his accounts of such interest
due from lessees of said school lands, he shall also deliver to the treasurer of
state copies thereof; and shall at his first settlement with the treasurer of
state, after his semi-annual settlement with the respective county treasurers in
the month of August each year, settle for the same and compare accounts with
the treasurer of state, as to the amount paid, and yet due thereon, in the same
manner as their other accounts are settled and compared; and in no event
shall receipts be given to the county treasurers for the money so as aforesaid
paid by them to the auditor of state; or a deed be executed by the governor,
until the money has been actually paid into the treasury of the state, and the
receipt of the treasurer of state exhibited therefor. [78 v. 65.]
(3107-119) SEC. 8. [Auditor of state to keep account of fees and
expenses, and pay same.] The auditor of state shall keep an accurate account
of all necessary expenses and fees paid, in the collection of said interest, and
in the performance of the several duties required to be performed by the several
county treasurers, and by himself, his agents, or attorneys in securing the col-
lection of said interests, and protecting the rights of the state in said land,
and shall draw his order on the treasurer of state for all such reasonable and
necessary charges and expenses not otherwise provided for by law, to be paid
out of any fund in the state treasury applicable to such purposes. [78 v. 65.]
(3107-120) SEC. 1. [Certain state officers may contract with Samuel
Kendrick to correct, etc., the records, etc., of Virginia military lands; ap-
propriation; proviso.] The governor, auditor-of-state and attorney-general are
hereby authorized to contract with Samuel Kendrick, late deputy-surveyor of the
1770
§ (3107-121).
PUBLIC LANDS.
Tit. XVI.
Virginia military district, for correcting, transcribing, binding, and completing
the records of the entries, plats and surveys, and other records of the lands
contained in the Virginia military district of Ohio, now in the office of the
auditor of state, and the sum of five thousand dollars is hereby appropriated
out of any money not otherwise appropriated in the general revenue fund for
that purpose.
Provided however that said officers herein designated to con-
tract, shall be first satisfied that the said Kendrick has the means and power as
surveyor of the general land office at Chillicothe, Ohio, or otherwise which
shall make such corrections valid in law. [84 v. 88.]
SWAMP LANDS.
The act of March 2, 1853 (51 v. 357), to drain and reclaim swamp and overflowed lands
granted to Ohio by Congress was repealed April 13, 1894 (91 v. 144).
Interest on proceeds of sale of swamp lands apportioned to school funds, see ? 3952.
(3107-121) SEC. 1. [Duty of canal commission as to certain lands,
etc.] The canal commission is hereby authorized and required, in addition
to their other duties prescribed by law, and without additional compensation,
to obtain for the state, scrip and patents for all land belonging to this state not
heretofore patented, and to locate the same to the best interest of the state of
Ohio; to make a record of all swamp, marsh and overflow-lands within the state
to which the state has or should have title, and to file the same with the audi-
tor of state; to adjust, settle and collect for the state all moneys due the state
from general government for lands sold or located within the state by the gen-
eral government or its agents, or the indemnity due therefor; to perfect and
secure to the state title to all swamp, marsh or overflow-lands which by right
belong to the state; to cause all such lands to be surveyed, and plats of the
same made and filed with the auditor of state, to cause the title of the state
to such lands now held or hereafter obtained to be recorded in the county
wherein the lands are situated, and to perform such other duties in relation to
claims of the state against the general government, or as to lands belonging to
the state, as the governor may direct. [91 v. 229.]
(3107–122) SEC. 2. [Sale of lands.] Whenever, in the opinion of
said canal commission, any tract of such lands can be sold to the advantage of
the state, said canal commission shall appraise the same at its true value in
money, and such land, in tracts not larger than quarter sections, shall be of-
fered for sale at public vendue at the court-house of the county wherein such
tracts are situated, after notice given by publication once a week for five con-
secutive weeks in a newspaper published and of general circulation in such
county, and at such sale said land shall be sold to the highest bidder at not
less than three-fourths of its appraised value, and the purchase-money therefor
may be paid in full at the time of sale, or, at the option of the purchaser, one-
fourth at the time of sale and the balance in three equal annual installments,
with interest at six per cent. per annum, payable annually, and the auditor of
state shall give to the purchaser certificates for the amount of purchase-money
so paid, and when said purchase-price shall have been paid in full, the gov-
ernor shall execute a deed of such land to the purchaser, and all of said moneys
obtained from the general government as indemnity, or derived from the sale
of such lands, shall be paid into the state treasury to the credit of the general
revenue fund of the state; provided, however, that all such sales, or confirma-
tion of titles by accepting any sum or sums from the general government, shall
be on, and subject to the reservation to this state of riparian rights as set forth
in house joint resolution No. 86 adopted April 12, 1889. [91 v. 229.]
(3107-123) SEC. 3. [Annual report.] Said canal commission shall
report all its transactions under this act in its annual report to the governor
[91 v. 229.]
1771
Tit. XVI.
PUBLIC LANDS.
§ (3107-124).
(3107-124) SEC. 1. [Appraisement of certain lands in Paulding
county; advertisement and sale.] It shall be the duty of the state board of
public works, as soon as practicable, after the passage of this act to appraise
section number thirty-six (36) in township number three (3) north of range
number one (1) east of Paulding county, Ohio, in tracts of not more than
eighty acres each and make a record of such appraisement in their office.
Upon the filing of such return in their office the said board shall forthwith
advertise said lands for sale by giving notice of the time and place, which place
shall be the court-house of Paulding county, and terms thereof for four (4)
consecutive weeks in two (2) newspapers of opposite politics published and of
general circulation in said county, and upon the day and hour and at the
place named in said advertisement. The said board shall offer said land for sale
at public auction and then and there sell to the highest and best bidder or bid-
ders; provided, said land or any part thereof shall not be sold for less than two-
thirds [of] the appraised value thereof, nor in tracts of more than eighty acres
each, to be paid for on such terms as the said board may determine, not ex-
ceeding four years, and if any part of said lands remain unsold for want of
bidders, the said board shall again advertise, and again offer said lands for sale
as before; and in all cases of sales as prescribed in this section, the said board
shall certify the amount of money received in payment thereof into the county
treasury of Paulding county to the extent of $6,150, and balance as hereinafter
provided, and receipt to the purchaser thereof and describe therein the lands
sold; and the board shall enter an account between the purchasers and state,
and at the time of paying of the full amount of said purchase money, together
with the annual interest of six per cent. per annum, on all deferred payments
from day of sale to the time of payment. The board shall properly execute
and deliver to the purchaser a certificate of sale for such of said lands so pur-
chased and paid for. And the governor of the state of Ohio shall, on receipt
of said certificate, properly execute and deliver to the purchaser or his assigns
a deed of conveyance of said land so sold and paid for. [89 v. 232.]
(3107-125) SEC. 2. [Distribution of proceeds of sale.] That the
money received from such sale shall be paid by the said board as follows: Six
thousand one hundred and fifty dollars to the treasurer of Paulding county to
credit of expense fund to reimburse said county for the drainage of said land
and the balance to the treasurer of the state of Ohio, to the credit of the Miami
and Erie canal fund. [89 v. 232.]
A

UNIVERSITY OF MICHIGAN
3 9015 05707 8647
1